HomeMy WebLinkAbout14-1415 Supreme Court_of Pennsylvania
Court of -,Co nmon�:Pleas For Prothonotary Use Only:
Civil C OV.er Sheet
Docket No:
County
The irrforrnation collected on this Joan is used solely for court administration. purposes. This form does not
supplement or replace tote filing and service of pleadings or other papers as required by Iabi' or rules of court.
Commencement of Action:
S [3 Complaint ❑ Writ of Summons Cl Petition
E E] Transfer from Another Jurisdiction ❑ Declaration of Taking
C Le d Plaintiff's Name: I ii ead Defendant's Name: t�v
T 01 L� l t(�� f� +1S I �antti "� +
I Are money damages requested? ❑ Yes I:9 No Dollar Amount Requested: ❑ within arbitration limits
(check one) ❑ outside arbitration limits
N Is this a Class Action Suit? ❑ Yes [D Is this an MDJAppeal? ❑ Yes ❑ No
A Name of Plaintiff /Appellant's Attorney:
Ey check: here if - ,ou have no attoi (are Self - Represented ll'ro Sel Litigant)
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) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card
❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ d of Elections
❑ B Nuisance ept. of Transportation
S ❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not include
E mass tort) F1 Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
'I' ❑ Other:
I ❑ Other:
o MASS TORT
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: El Ejectment [] Common Law /Statutory Arbitration
B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus j
Landlord/Tenant Dispute ❑ Non - Domestic Relations
PROFESSIONAL LIABLITY Mortgage Foreclosure: Residential Restraining Order
❑ Mortgage Foreclosure: Commercial El Quo Warranto i
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ MedicaI ❑ Other: j
❑ Other Professional:
Updated 11112011
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Dana Mallory No. /�/• C. c - 3 �� �,;
(Type your name)
M M
Vs. Driver's License /Auto Registration Appe§::v
r
Commonwealth of Pennsylvania eo n7
Department of Transportation c > CD
Bureau of Drivers Licensing - -
APPEAL OF DRIVER'S LICENSE /AUTO REGISTRATION SUSPENSION
AND NOW, this (enter today's date) March 10 1 20 14 , comes the Appellant, (Type your name)
Dana Mallory , by his /her attorney, and states as follows:
1. Appellant's PA operator's number or automobile registration number is:
GNZ1481
2. PennDOT proposes, by Notice dated (insert "mailing" date here) February 9 20 to suspend
Appellant's driving privileges Pl automobile registration for a period of (Insert length of suspension)
three months pursuant to Section 1960 of the Vehicle Code, which
suspension is to be effective (Insert suspension effective date) March 16 2014
* * * *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.
F] 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).
F1 Other (Specify reason:)
/03.7S
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-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:)
Vehicle was insured.
WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension
of operating privileges or automobile registration.
Respectfully submitted, ' � l
(Sign name here)
Dana Mallory
(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.
Signature:
Type Name: na Mallory
Address: 221 S Market Street
City / State / Zip Code: Mechanicsburg /PA/17055
Telephone Number: 717 - 385 -9024
Email address: danamallory — @ icloud.com
2
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COMMONWEALTH OF PENNSYLVANIA
DEPAR'I'iML N1' OI TRANSPORI'A]'ION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106 -8674
www.dmv.state.pa.us
WID# 140339999009505 001
TITLE# 68787507
PROCESSING DATE 140202
TRANSACTION CODE 00060
DANA M MALLORY
221 S MARKET ST
MECHANICSBURG, PA 17055
OFFICIAL NOTICE MAIL DATE: 02/09/14
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: LAND ROVER YEAR: 2006 BODY TYPE: STATION WAGON
LICENSE PLATE#: GN7..1481 TITLE.#: 68787507 VIN #: SALAE25496A354978
This information was requested because STATE, FARM FIRE, AND CASUALTY CO notified us that the
insurance policy covering the vehicle listed above was terminated on 12/15/13. 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 03/16/14 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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Dana Ma01ory No.
(Type your name)
Vs. Driver's License /Auto Registration Appeal
Commonwealth of Pennsylvania
Department of Transportation
Bureau of Driver Licensing
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 10 , 2014 , 1 caused to be
mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling 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: March 10 , 2014
Signature:
Type your Name: Dana Mallory
Address: 221 S. Market Street
City / State / Zip Code: Mechanicsburg /PA/17055
Telephone: 717- 385 -9024
** 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
Dana Mallory
(Print your name)
~
No »�y
. �'v JO(
Vs. Driver's License/Auto Registration Appeal
Commonwealth of Pennsylvania
Department of Transportation
Bureau of Driver Licensing
ORDER SCHEDULING HEARING ON APPEAL
1�
AND NOW, this �� day of / q\�n~:ut-4K—^ , 2O' a hearing is scheduled
on the appeal of Petitioner for the
day of
'J0 at9 :-30 AK8
in Courtroom # 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 Counse
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.
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