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Home My WebLink About14-1438 0 Supreme Court of Pennsylvania Court of Common Pleas For Prods onotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons X Petition 0 Transfer from Another Jurisdiction - d Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Tamara R. Yost Comm. of PA, Dept. of Trans., Bureau of Driv. Lic. Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes x' No 0 (check one) f " ", outside arbitration limits N Is this a Class Action Suit? 0 Yes E; No Is this an MDJAppeal? 0 Yes EE No A Name of Plaintiff/Appellant's Attorney: David E. Hershey, Esq. Check here if you have no attorney (are a Self- Represented [Pro Se] 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 f❑ Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution E"' Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle i. =; Debt Collection: Other 0 Board of Elections (] Nuisance Q Dept. of Transportation i] Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include F1 Employment Dispute: E mass tort) Slander/Libel /Defamation Discrimination C 0 Other: �- Employment Dispute: Other Q Zoning Board T 0 Other: I 1] Other: O MASS TORT E] Asbestos N E] Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 1 Toxic Waste El Ejectment 0 Common Law /Statutory Arbitration B Other: El Eminent Domain /Condemnation 0 Declaratory Judgment �9 Ground Rent 0 Mandamus FF Landlord/Tenant Dispute E] Non - Domestic Relations U Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY D Mortgage Foreclosure: Commercial 13 Quo Warranto 0 Dental Partition E3 Replevin 0 Legal 0 Quiet Title ❑� Other: 01 Medical 0 Other: E] Other Professional: Updated 1/112011 a of 21� 1i 4 I ft., 11 :d IN THE COURT OF COMMON PLEAS �lFr COUNT f CUMBERLAND COUNTY PEWIs YLVAN A TAMARA R. YOST, . Petitioner • NO: R V. I COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent . TO THE HONORABLE JUDGE OF THE ABOVE SAID COURT: AND NOW COMES, Petitioner, Tamara R. Yost, by and through her attorney David E. Hershey of Colgan & Associates, LLC, who makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Tamara R. Yost, is a licensed driver and a Cumberland County resident with an address of 168 West Middlesex Drive, Carlisle, PA 17013. 2. Respondent, The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing has a mailing address of 1101 South Front St., Harrisburg, PA 17104. 3. Petitioner received a notice, with a mail date of February 19, 2014 from Respondent with a proposed one (1) year license suspension for an alleged violation of § 1543 of the Vehicle Code. See "Exhibit A" attached hereto, and incorporated herein by reference. 4. The suspension, as proposed by the Department, is illegal, improper and invalid for some or all of the following reasons: 3 a. A timely appeal of the underlying summary conviction of driving under suspension, which gave rise to the suspension, is currently pending before the York County Court of Common Pleas and has not yet been scheduled for a hearing. b. The suspension is otherwise in violation of the Vehicle Code and/or case law. WHEREFORE, Petitioner prays that Your Honorable Court grant the attached Order scheduling the matter for a hearing and directing the Department to stay the proposed suspension until such time as this matter can be decided on its merits. Respectfully submitted, Date: David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502 -5000 2 Exhibit "A" �J �.� COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 19, 2014 TAMARA RENEE YOST WID # 140439283669118 001 168 W MIDDLESEX DR PROCESSING DATE 02/12/2014 DRIVER LICENSE # 19981501 CARLISLE PA 17013 DATE OF BIRTH 09/26/1962 i Dear MS. YOST: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 02/11/2014 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP /REVOKE on 02/08/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/26/2014 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension /revocation, we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION j You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 03/26/2014. You may surrender these items before, 03/26/2014, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $13.50. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. I 140439283669118 1. Return all current Pennsylvania driver's licenses, learner's permits and /or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106 -8693 1 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and /or a sworn 1 notarized letter, PennDOT will send you a' receipt confirming the date that credit began. If you do not receive a receipt from us within three (3) weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. I 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 1 PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension /revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension /revocation. If you have not acknowledged your suspension /revocation, please follow the instructions listed under "Complying with this Suspension /Revocation ". 140439283669118 i PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension /revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. I IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. ' APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, FEBRUARY 19, 2014, 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 your appeal to be valid, you must send this time - stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1 Harrisburg, PA 17104 -2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 03/26/2014. Sincerely, Douglas Haines, Acting Director i Bureau of Driver Licensing SEND FEE /LICENSE /DL- 16LC /T0: INFORMATION (8:00 AM TO 5:00 PM) i Department of Transportation IN STATE 1- 800 - 932 -4600 Bureau of Driver Licensing OUT -OF -STATE 717 - 412 -5300 P.O. Box 68693 TDD IN STATE 1- 800 - 228 -0676 Harrisburg, PA 17106 -8693 TOO OUT -OF -STATE 717 - 412 -5380 i VERIFICATION veri that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: iC�� CERTIFICATE OF SERVICE On the f day o March, 2014, I cert that a co of the foregoing petition w -�-- fY copy g g p as served upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, First Class, as follows: Chris Johnson, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104 -2516 Date: David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502 -5000 r-TE15-OFFT:,E. PROTHOtiirriVn 2614 MAR 14 AN 10: 00 IN THE COURT OF COMMON PLEAS , CUMBLRLAND COUNTY CUMBERLAND COUNTY - PENNSYLVAMA TAMARA R. YOST, Petitioner v. NO: )(1-0 COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this ji-PK-day of 7YL , 2014, upon consideration of the Petitioner's Appeal filed in the above captioned matter, this matter is hereby scheduled for a hearing on the cViday of , 2014, at A in Courtroom ca..- of the Cumberland County Courthouse located at 1 Courthouse Square, Carlisle, Pennsylvania. Pursuant to §1550 of the Vehicle Code, a supersedeas is granted. The Department is directed to stay the proposed suspension until this matter is decided on the merits. BY THE COURT: Distribution: ----Chris Johnson, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St., Harrisburg, PA 17104 E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 CO MS 112.adicL TAMARA R. YOST, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON : PLEAS OF CUMBERLAND CUMBERLAND COUNTY ORDER NO. 14-1438 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter is CONTINUED and RESCHEDULED for the 20th day of August, 2014, at 9:30 a.m., in Courtroom 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Attest: /avid E. Hershey, Esq., 130 West Church Street, Ste. 100, Dillsburg, ,/Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front PA 17104-2516 4 PA 17104 Office of Chief Street, Harrisburg, C) -0a U = c> N) —es TAMARA R. YOST, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-1438 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 20th day of August, 2014, the appeal filed in the above - captioned matter is REMANDED to the Department of Transportation for corctia on its records. r° .,r CD CI C_a Ft 7.0 Attest: BY THE COURT: /"David E. Hershey, Esq., 130 West Church Street, Ste. 100, Dillsburg, PA 17019 /Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 res Ata - req' / '/4