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HomeMy WebLinkAbout14-1532Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet CVM1i-e6a.knok, County For Prothonotary Use Only: Docket No: /1// 2 The infoii,ujtion collected 017 this foi 111 iS used solely Ibr court administration putposes. This form does not .supplement or replace the .filing and service qf pleadings or other papers as required by /aw or rules of court. Cogmencement of Action: Petition Declaration of Taking L l Complaint • Writ of Summons • 0 Transfer from Another Jurisdiction 0 Lead Plaintiff's Name: t‘ be ps-A-Trer\-\ ok -ii-o40-A-1 On Lead Defendant's Name: gebP__C.G9,. M. Are money damages requested? 0 Yes No Dollar Amount Requested: (check one) 0 within arbitration limits 0 outside arbitration limits Is this a Class Action Suit? 0 Yes X No Is this an MDJ Appeal? 0 Yes XNo Name of Plaintiff/Appellant' s Attorney: 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 1701 include Alass Tort) 0 Intentional O Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability 0 Product Liability (does not include mass tort) O Slander/Libel/ Defamation Ili Other: MASS TORT o Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical O Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff O Debt Collection: Credit Card fl Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY El Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment O Board of Elections Dept. of Transportation O Statutory Appeal: Other O Zoning Board 0 Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory 'Judgment O Mandamus O Non-Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Reb €cco. M. © i (Type your name) No. /y- 1132. Gua Vs. Driver's License /Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE /AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) s)) 7 , 20 , comes the Appellant, (Type your name) RelOe M , by his /her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: di- 57440 qsa 2. PennDOT proposes, by Notice dated (insert "mailing" date here) a1,s- Appellant's 3 ,n- co -Vin , driving privileges , 20 1y , to suspend automobile registration for a period of (Insert length of suspension) iq 60 of the Vehicle Code, which , 20 19 pursuant to Section suspension is to be effective (Insert suspension effective date) 1 I 0 i * * * *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 ess than 31 days AND 1 did not dhvenorpennitanynnee|setodhvemyvehideduhngthetimeitvvaswithout insurance. (Attach proof of insurance to this Appeal and eith eranotar notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). Other (specify reason:) °~ v.3GLS nocN-dk--^°m0^\e, ^' r\cV\-�%S J]e":\~wk 4%ret`e,. caW u � � ��e� �� �� ������. WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, {Sign 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. Address: 414 �� Reaccra City / State / Zip Code: Telephone Number: Email address: W ‘-40G ~- uon*^ a�u� 'INAS*4lXmCCie 3 3 @ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106 -8674 www.dmv.state.pa.us REBECCA MARIE FOUTZ 41? N BEDFORD ST CARLISLE, PA 17013 WIDit 140499999013405 001 TITLE* 66 ?66894 PROCESSING DATE 140218 TRANSACTION CODE 00060 OFFICIAL NOTICE MAIL DATE: 02/25/14 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: JEEP YEAR: 1996 BODY TYPE: STATION WAGON LICENSE PLATE##: HDP5927 T'I'LE##: 66766894 VIN#: 1J4GZ58S6TC208789 This information was requested because PERMANENT GENERAL ASSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 12/30/13. 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 04/01/14 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 1 Coup -klnc Y e- Sck. CO cVVS \2I i�A 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 'I'DD 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 RQbeccoi 1. -Fo v —k - (Print your name) No. /V- /332 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 iLQV day of , 20 /4, a hearing is scheduled on the appeal of Petitioner for the day of , 20 1 at _:3D .A_M in Courtroom # ca""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, 3"d 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, v. WI( Judge GeD REBECCA M. FOUTZ, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, NO. 14-1532 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, VEHICLE REGISTRATION Respondent : SUSPENSION APPEAL ORDER AND NOW, this 2"d day of June, 2014, the appeal filed in the above - captioned matter is: i^ Attest: .5 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: 4\2t c_LA ,tebecca M. Fouti, 417 North Bedford Street, Carlisle, PA 17013 ,Ahilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floo(, 1101 South Front Street, Harrisburg, PA 17104-2516 4