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HomeMy WebLinkAbout14-1895Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet County For Prothonotary Use Only: Petition Declaration of Taking Docket No: 19 • 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: Petition Declaration of Taking ❑ Complaint • Writ of Summons ❑ ❑ Transfer from Another Jurisdiction ❑ Lead Plaintiff's Name: Lead Defendant's Name: Are money damages requested? ❑ Yes Er No Dollar Amount Requested: (check one) • within arbitration limits • outside arbitration limits Is this an MDJAppeal? ,�� Is this a Class Action Suit? • Yes L�1 lvo • Yes IVo Name of Plaintiff /Appellant's Attorney: Check here if you have no attorney (are a Self - Represented [Pro 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander /Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ID Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections [a'bept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law /Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 1/1 /2011 f.S Jammeymusa Ho (Type your name) Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE LVAN|A y �� � O S [� «*� «- /[~�mp� Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing �� -- _c- Driver's Registration �\p v �� ���� ..,7 mr APPEAL OF DRIVER'S UCENSE/AUTO REGISTRATION SUSPENSION —` ••■• 'Th u7 AND NOW, this (entertoday's date) Apr 1 ,2O14 , comes the AppeUan� �yneyour name) Jammeymusa Ho , by hi herattornpy, and states as foliows: 1. Appellant's PA operator's number or automobile registration number is: 26505264 2. PennDOT proposes, by Notice dated (insert "mailing" date here) March 11 Appellant's 1 Year driving privileges , 2014 , to suspend automobile registration for a period of (Insert Iength of suspension) of the Vehicle Code, which ^2O14 pursuant to Section 1543A suspension istobee�ectkeAnsert suspension e�ect�edate) Apr 15 ****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 Iacked 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 Appea). 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:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted ammeymusa Ho (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 o z a. C.S. Sec. 49O4 relating to unsworn falsification to authorities. S Type Address: 00 S lst Stree Unit D City / State / Zip Code: Lemoyne, PA 17043 Telephone Number: 717'201-8807 gmail.com Email address: Jammeyho 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jammeymusa Ho No. (Type your name) Vs . Driver's Lice Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on Apri 1 ,3O14 , 1 caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: n_ l ! , 20 '-1 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104'2516 Signatu Type your Name: Address: City / State / Zip Code: Telephone: 100 S 1st Street Unit D Lemoyne, PA17O43 717'201-6807 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 11, 3014 JAMM[YMUSA HO 100 S 1ST ST APT D LEMOYNE PA 17043 NID # 140639283868465 001 PROCESSING DATE 03/04/2014 DRIVER LICENSE # 26505264 DATE OF BIRTH O /11/1983 Dear MR, HO: 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 83/03/2014 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/BEVUKE on 01y25/2014: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/15/20I4 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 priv- ilege until all the requirements are satisfied. 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 04/15/?014. You may surrender these items before, 04y15/2014, 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. 140839283888465 l. Return all current Pennsylvania driver's licenses, learner's permits and/pr 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 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 begen. 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 ouspemsiom. 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 susoension/revocatimn of your driving privilege. To pay your restoration fee, complete the following steps: l. 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". 14¢839283868465 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 in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. 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, MARCH 11, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 04/15/2014. SEND FEE/LICENSE/DL-18LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17108-8893 Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION (8:00 AM TO 5:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5308 TDD IN STATE 1-800-228-0878 TDD OUT-OF-STATE 717_412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jammeymusa Ho (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing N° izeK z Driver's License /Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this day of "r,/ / 20�4/a hearing is scheduled on the appeal of Petitioner for the aal day of , 201 I :00 _M in Courtroom # of the Cumberland County Courthouse, ne Courthouse Square, 4t" 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. Cs es 1)2.1L J rnrne mtasa g ?E'er.) 4j /q /Iy By the Court, Judge r: JAMMEYMUSA HO, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 20th day of August, 2014, the appeal filed in the above - captioned matter is: IN THE COURT OF COMMON PLEAS OF CUMBERLAND---, CUMBERLAND COUJN mu; =rn NO. 14-1895 CIVIL TC <- 1 DRIVER LICENSE SUSPENSION APPEKG ---1 rit Attest: 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: Jammeymusa Ho, 100 South 1st Street, Apt. D, Lemoyne, PA 17043 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 &-/;es matic1 424114 gfI1