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HomeMy WebLinkAbout14-2692s E C T I 0 N A s E C T I 0 N Supreme Courtof=Pennsylvania Courtof: Common' uPleas Civil Cover sheet ber ( County For Prothonotary Use Only: Docket No: /L/ 92 The information collected on this form is used solely for court administration purposes_ This form floes not .supplement or replace thefiling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons O Transfer from Another Jurisdiction ❑ Petition ❑ Declaration of Taking ead Plaintiff's Name. /1A4 wA. Are money damages requested? 0 Yes 0 ad Defendant's Na Dollar Amount Requested: (check one) 0 within arbitration limits ❑outside arbitration limits Is this a Class Action Suit? 0 Yes LNo Is this an MDJAppeal? 0 Yes [No Name of P44144iff/Appellant's Attorney: e rN (( W \G11 "tet ❑ Check here if you have no attorney (are a Self -Represented fPro 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 0 Malicious Prosecution 0 Motor Vehicle O Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation O Other: MASS TORT ❑ Asbestos O Tobacco ❑ Toxic Tort - DES O Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY O Dental O Legal ❑ Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other 0 Employment Dispute: Discrimination O Employment Dispute: Other ❑ Other: REAL PROPERTY 0 Ejectment O Eminent Domain/Condemnation ❑ Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition O Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies O Board of Assessment ❑ Board of Elections Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Driver's License Auto Registration Appe> N. TT C) :.dam' =N wr' APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) May 2 , 2014 , comes the Appellant, (Type your name) by his/her attorney, Gregory H. Knight and states as. follows: 1:• Appellant's: PA operator's number or automobile registration number is:: 17385664 .: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) April 4 , 2014 Appellant's driving privileges ❑ automobile registration for a period of (Insert length one year pursuant to Section 1543 A of the Vehicle suspension is to be effective (Insert suspension effective date) May 9 , 2014 to suspend of suspension) Code, which ****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. 1-1 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:) 1 -01t - The suspension of Appellant's automobile registration is contrary to law in that: U1t,ThesuspensinnofAppeUant'sautmmubi|ereQbtrationbconUarytolawinthat: My failure to have insurance was for a period of Iess than 31 days AND 1 did not drive nor permit anyone else to drive my vehicle duringthetimebwaswbhout 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:) on Apr28 2014 an attorney was assigned to me by the Cumberland County Bar Association Pro Bono Program—that attorney ( Gregory H. Knight ) has spoken with the officr who wrote the traffic citation that lead to this suspension and Mr. Knight is drafting a Petition to File a Nunc Pro Tunc Appeal from that citation—the officer told Mr. Knight that he would support the Pettion which has not yetbeen filed WHEREFORE, respectfully th�Honor Ne[ou�toyu�aintheanpea|fnomthesuspen*�n 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 besof my knowledgeinformation 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: Address: 2 Northfield Way City / State / Zip Code: Mechanicsburg, Pennsylvania 17050 Telephone Number: 717.249.5373 Email address: gknight knightlawpc.c 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 04, 2014 TERRY L HODGES 1521 CENTER ST ENOLA PA 17025 Dear MS. HODGES: WID # 140879283195445 001 PROCESSING DATE 03/28/2014 DRIVER LICENSE # 17385664 DATE OF BIRTH 08/22/1956 ,Thisds an Official Notice of_the Suspension of your Driving Privilege as authorized bySection 1543 of the Pennsylvania Vehicle Code.. As a result of your 03/27/2014 conviction of violating `Section 1543A of:the Vehicle Code DRIVING WHILE SUSP/REVOKE on 12/26/2013: ■ Your driving privilege is SUSPENDED for a period of 1 YEARCS) effective 05/09/2014 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 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 05/09/2014. You may surrender these items before, 05/09/2014, 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I efv L( �r f f C( (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. Driver's License/Auto Registration jpe; res cc = -% -11 rn x,. F - r- -.CA rV c) 7.1 1 -T, CERTIFICATE OF SERVICE cD —r -E --t The undersigned hereby certifies that on May 2 , 2014 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: May 2 , 2014 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: Type your Name: Address: City / State / Zip Code: Telephone: Mechanicsburg, Pennsylvania 17050 717.249.5373 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** In Forma Pauperis Form Te LI i (©4k5 Plaintiff / 44 p f e ( t - v. Defendant e1-k.re un ‘Cott t t — IN THE COURT OF COMMON PLEAS OF �= CUMBERLAND COUNTY PENNSYLVANIA' .• NO. 2014- 2 1.2- CIVIL TERM rrn=En m r" Z� ti (.:1:<.) Y Nac IN r-= 7-r- " II ZG t , '- Y a PRAECIPE TO PROCEED IN FORMA PAUPER'S To the Prothonotary: fiGtu Kindly allow, LeVVI1 Lc' I A!S Plaintif , to proceed in forma pauperis. I, C 1 Vv L (4 .. (Cue)attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. , Esquire �t (a Attorney for Plaintiff/ (,Q Address 2 ',Jo, w UWS (uttct(� City, State Zip jt(ec_ kcim ruv/ Phone Number (f 74c-0 -0 t 7 "2 -it (13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Terry L. Hodges (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. I y— 014 Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this day of 20f ra hearing is scheduled on the appeal of Petitioner for the o day of 20/7 at / :.° P M 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 Counsel 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. 'Dies Y)2 .t Cc -c4, P. 4410- — NAJ,1c/04. 44PY By the Court, Judge TERRY L. HODGES, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTI M co rri NO. 14-2692 CIVIL TE CD DRIVER LICENSE ?c'-. SUSPENSION APPEA-'. r G) IV 0 C? AND NOW, this 20th day of August, 2014, the appeal filed in the above - captioned matter is REMANDED to the Department of Transportation for correction of its records. BY THE COURT: Attest: Gregory H. Knight, Esq., Knight & Associates P.C., 2 Northfield Way, Mechanicsburg, PA 17050 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 arts- in a, /d %/y -n,