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HomeMy WebLinkAbout14-1572s E C T I 0 N A s E c T 1 O N B Supreme Co 7t of p nnsylvania CourtConmo 1 n Pleas Civil Cover Sheet at AA County For Prothonotary Use Only: '>Il-1- S ,,`, Docket No: 14- '1� ,ivilT�rm The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court Commencement of Action: Petition Declaration of Taking • Complaint Writ of Summons Transfer from Another Jurisdiction Leaintiff's Name: rte `IIS Lad Defendant's Name: MCA W- ,[ Pii Are money damages requested? ❑ Yes 4 No Dollar Amount Requested: ■ within arbitration limits (check one) ■ outside arbitration limits Is this an MDJAppeal? CI Yes No Is this a Class Action Suit? • Yes ti No (.ii'- Name of Plaintiff /Appellant's Attorney: ' lA. X Check here if you have no aitorn_ey(llJ(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) O Intentional O Malicious Prosecution O Motor Vehicle 0 Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental • Legal © Medical ❑ Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY O Ejectment 0 Eminent Domain /Condemnation O Ground Rent 0 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential_ O Mortgage Foreclosure: Commercial ▪ Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections ,'Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law /Statutory Arbitration 0 Declaratory Judgment Mandamus Non - Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin ® Other: Updated 1/1/2011 TREVOR BILLS Ur THE PROTHCNOTAR'r' 2014 MAR 19 P1!2.: 25 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS PENNSYLVANIA OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I4-- I5`1a ei vi ITeri�l V. CIVIL ACTION -LAW COMMONWEALTH of PENNSYLVANIA : APPEAL FROM DRIVER'S LICENSE SUSPENSION APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES AND NOW comes the Appellant, Trevor Bills, by and through his attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On February 16,2014 Appellant was stopped for a traffic violation by a Camp Hill Police Officer. 2. On or about March 6, 2014 Appellant received a suspension letter regarding a Chemical Test Refusal. (Copy-attached) 3. The effective date of suspension is April 10, 2014. 4. The Appellant did not knowingly or intelligently refuse a chemical test. WHEREFORE, Appellant, Trevor Bills based on the foregoing representations, respectfully requests that this Honorable Court grant a hearing to determine the status of his operator license suspension, and enter a Supersedeas until such time as a hearing can be held. G ysaght, I.D. No. 39183 1350 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599 -5320 ATTORNEY FOR APPELLANT 410:116 Pb /MY dl l (vo9 X303 VERIFICATION The undersigned hereby states that the statements made in the attached Appeal are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Trevor Bills, Appellant CERTFICATE OF SERVICE I, Gary Lysaght, Esquire, hereby certify that on the 18th day of March, 2014, I served a copy of the forgoing, document by depositing such into the custody of the United States Postal Service, certified mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 -2516 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail. Date: MARCH 06, 2014 TREVOR S BILLS 35 ROUNDTOP RD HALIFAX PA 17032 Dear MR. BILLS: WID * 140586122502883 001 PROCESSING DATE 02/27/2014 DRIVER LICENSE * 27104994 DATE OF BIRTH 03/25/1985 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 02/16/2014: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/10/2014 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 04/10/2014. You may surrender these items before, 04/10/2014, 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 iden- tification (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. 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 nota- rized 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 140586122502883 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive 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. 3. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 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". APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 06, 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 Harrisburg, PA 17104-2516 140588122502883 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennOOT by 04/10/2014. Sincerely, Douglas Haines, Acting Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-880-932-4800 TDD IN STATE ^ 1-800-228-0876 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us FiLED-OFFICE. ui THE PROTHOHOLARI tifIR 25 AN 8: I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C Li t'l p BEENRNLsAyfrvACtiOlUAN T Y TREVOR BILLS NO. 14- 15791 Iv' rk,rm V. CIVIL ACTION-LAW COMMONWEALTH of PENNSYLVANIA : APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this 4:3)/511— day of , 2014, in the foregoing Appeal from License Suspension, a hearing is granted to determine whether appellant is subject to suspension of his automobile operator's license. This appeal shall act as supersedeas to the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation, Commonwealth of Pennsylvania. .11A- A hearing will be held on the ci day of a.m./p.m., in Court Room 4th Floor, Carlisle, Pennsylvania. Distribution: , 2014, at , Cumberland County Courthouse, One Courthouse Square, BY THE COURT: ›thonotary ../Ta Dept. of Transportation, Office of Chief Cousel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, #787-2830 Lysaght, Esquire, 1350 Fishing Creek Valley Road, Harrisbui-g, PA 17112, #599-5320 /7Lci..; LEL Jn TREVOR S. BILLS, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-1572 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 2nd day of June, 2014, on agreement of the parties, the appeal filed in the above -captioned matter is WITHDRAWN, and the suspension which is the basis of this appeal shall be REINSTATED, effective December 2, 2014. BY THE COURT: Attest: ./Gary Lysaght, Esq., 1350 Fishing Creek Valley Road, Harrisburg, PA 17112 ✓ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 i er /1?;4 lEc,L Wig ter✓) I r3 . CD t CD --1