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HomeMy WebLinkAbout14-1398Supreme Courtvof;i nnsylvania Court-Of :Common °Peas Civil Cover Sheet c''L:(G `� «` County For Prothonotary Use Only: Docket No: 4/ 3 The information collected on this _Ion ri is used solely for court administration purposes. This form does not supplement or replace the fling and service of pleadings or other papers as required by laiv or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons ❑ Transfer from Another Jurisdiction ❑ Petition ❑ Declaration of Taking Lead Plaintiff's Name: roo`c�- mac© Are money damages requested? ❑ Yes Is this a Class Action Suit? ❑ Yes Lead Defendant's Name: QC CS—c Dollar Amount Requested: (check one) ❑within arbitration limits ❑outside arbitration limits Is this an MDJAppeal? ❑ Yes Name of Plaintiff /Appellant's Attorney: heck here if you have no attorney (are a Self - Represented 1Pro Se{ ant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include ,pass tort) ❑ Slander/Libel/ Defamation ❑ Other: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: ❑ Other: REAL PROPERTY ❑ Ejectment o❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: MISCELLANEOUS ❑ Common Law /Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -O(- (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. Driver's License/Auto Registration Appeal 00 3 . 73--e4 0.-Stv 4-4,7a)-665— C-7 r-.., -,-- ---: rrl 7a. _„ r- ,..., m APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION u)r- -<> ---1 c: AND NOW, this (enter today's date) N.,..0.2( CAIN kD, 20 A , comes the Appellant, (TypO. 2tir nae) 4,..... -2: and s ascfBilow, ... .4., i7ye-)\--sL by his/her attorney, 1. Appellant's PA operator's number or automobile registration number is: LQ LJ .47" 0", 2. PennDOT proposes, by Notice dated (insert "mailing" date here), 20 , to suspend Appellant's driving privileges 1■116-4116 Ah.. utomobile registration for a period of (Insert length of suspension) pursuant to Section \ of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) , 20 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other (Specify reason:) -OR- The suspension of Appellant's automobile registration is contrary to law in that: My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV -221 to document non - operation of the vehicle). Other (specify reason:) \ O k` c c,or\caSL.Q)..f. v(� cc a \(Q \ w —...cam a cK O, \ C-\-z-2, car. A - P l " \ >c- / �'c �C \ (�,Y�n, t Ac"\c &`(-am v. \ c nr1\Te_c_. WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, name here) (Type name here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sig Type Name: ?:.\\(_ Address: °RD City / State / Zip Code: Telephone Number: Email address: 11) X__ILh�K)�.t6 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106 -8674 www.dmv.state.pa.us BROOKE A & JOHN R BOROWY 15 NESHAMINY DELL DR DOYLESTOWN, PA 18901 WID* 140549999016861 001 TITLE# 60844766 PROCESSING DATE 140223 TRANSACTION CODE 00060 OFFICIAL NOTICE MAIL DATE: 03/02/14 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: PONTIAC YEAR: 2004 BODY TYPE: SEDAN LICENSE PLATE##: HSJ2393 TITLE##: 60844766 VIN#: 2G2WS522441309968 This information was requested because AMERICAN STATES INSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 12/10/13. Either no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 04/06/14 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. Do not send cash. You can also pay by credit card online at www.dmv.state.pa.us by selecting "Pay Your Financial Responsibility Restoration Fee ". Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self- addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date of this letter. If you file an appeal in the County Court, the Court will give you a time- stamped certified copy of the appeal. In order for the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street -3rd Floor Harrisburg, PA 17104 -2516 If you believe your insurance coverage was terminated in error or you did not receive proper notice of your insurance termination, you should file a complaint with the Pennsylvania Insurance Department, Bureau of Consumer Services. Complaints can be filed via the website at www.insurance.pa.gov or mailed to the Pennsylvania Insurance Department, Bureau of Consumer Services 1209 Strawberry Square, Harrisburg, PA 17120. Please include your insurance company name and policy number with your complaint. By Order of Director Bureau of Motor Vehicles Department of Transportation Information (8:00 Pennsylvania Out of State TDD Pennsylvania TDD Out of State AM to 5:00 PM) 800- 932 -4600 717 -412 -5300 800 - 228 -0676 717- 412 -5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ■c\Nc- RS)%(\ No. 11,13qF (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE --o2 -L--- --c.1 ,----. CI , The undersigned hereby certifies that on L.)._()—x-CAr■ Q_9--\N". r— lz--!6 caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, OrdeheIIing -- Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: V-\,33(CX\ (5` , 20 \As Signatur Type your Address: C.71 City / State / Zip Code: e_c_3,A\_), _St. )`(:\ Telephone: ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ‘q •No. 141 (Print your name) Vs. Driver's License /Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this I tday of " 1 .ti , 20 1L4 , a hearing is scheduled on the appeal of Petitioner for the o?/ day of 20 /q at M in Courtroom #c,2, of the Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104 -2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, es neta:LzeL i kL Rw Y ?e4. 3//apq \kl, Judge BROOKE A. BOROWY, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-1398 CIVIL TERM VEHICLE REGISTRATION SUSPENSION APPEAL ORDER AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter is: r.; c A,. 777 Lt.; 2: -CL LL W~ CAttest: hYtlf. REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Arooke A. & John R. Borowy, 9B Hummel Ave., Camp Hill, PA 17011 /Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Coun 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 •