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HomeMy WebLinkAbout14-2858S E C T I 0 N A S E C T I 0 N Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet Cumberland County For Prothonotary Use Only: Petition Declaration of Taking ■ Complaint i Writ of Summons • Docket No: /4 ',-,2 5 ee The information collected on this form is used solely for court administration purposes. This,fornt 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 i Writ of Summons • • Transfer from Another Jurisdiction • Lead Plaintiff's Name: Jennifer Kent -Shank Lead Defendant's Name: Penn Dot Dollar Amount Requested: • within arbitration limits Are money damages requested? • Yes D No (check one) • outside arbitration limits Is this a Class Action Suit? • Yes No Is this an MDJAppeal? • Yes 'No Name of Plaintiff/Appellant's Attorney: a Self -Represented 1Pro Sel Litigant) D Check here if you have no attorney (are 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 O 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 O Dental ❑ Legal O Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment 0 Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑x Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (---) r.., �" c...... dnnI-izl-Kienf36,I6 No. /9- 02e5a2 ea:../ -cl1-,, mw mc (Type your name) = r1- Vs. Driver's License/Auto Registration Appeal = Commonwealth of Pennsylvania Department of Transportation - = w.. Bureau of Drivers Licensing < co APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) 5 , 20 1 Li , comes the Appellant, (Type your name) , by his/her attorney, 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) Appellant's Eldriving privileges and states as follows: ,20 .to suspend automobile registration for a period of (Insert length of suspension) pursuant to Section of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) , 20 ****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) ElThe police -lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. n 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). C Other (Specify reason:) i© 7,s-id•G: 12157 3e5769 1 -OR - The suspension of Appellant's automobile registration is contrary to law in that: LI My failure to have insurance was for a period of Tess 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). RIOther (specify reason:) jV -e'VQ/l- . WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, j-eiTh /(erd -L5/XA (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. Signature: Type Name: Address: City / State / Zip Code: c1 h 1:e r JICii ry rird . E ole- Pa /70d -S_ Telephone Number: 711.7 � �f 25-51 Email address: e rlfl Crk J^ank @_ _h1 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us JENNIFER M KENT SHANK 116 TORY CIR ENOLA, PA 17025 WID# 140929999007695 001 TITLE# 60556207 PROCESSING DATE 140402 TRANSACTION CODE 00060 OFFICIAL NOTICE MAIL DATE: 04/09/14 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: IIYUNDAI YEAR: 2004 BODY TYPE: SEDAN LICENSE PLATE.##: EKH8298 TITLE##: 60556207 VIN##: KMHWF35HX4A995827 This information was requested because METROPI.TN GROUP PROPAND CAS INS CO notified us that the insurance policy covering the vehicle listed above was terminated on 02/12/14. 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 05/14/14 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 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us JENNIFER M KENT SHANK 116 TORY CIR ENOLA, PA 17025 WID# 140929999011393 001 TITLE# 66204025 PROCESSING DATE 140402 TRANSACTION CODE 00060 OFFICIAL NOTICE MAIL DATE: 04/09/14 Dear -Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: SATURN YEAR: 2008 BODY TYPE: STATION WAGON LICENSE PLATE#: JGC7314 TITLE#: 66204025 VIN#: 3GSDL43NX8S519928 This information was requested because METROPLTN GROUP PROPAND CAS INS CO notified us that the insurance policy covering the vehicle listed above was terminated on 02/12/14. 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 05/14/14 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 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 /e Director Bureau of Motor Vehicles Department of Transportation Information (8:00 Pennsylvania Out of State TDD Pennsylvania TDD 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 Jennifer Kent -Shank No. '7 /Y— Com/ (Print your name) 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 1400. day of , 2� a hearing is scheduled on the appeal of Petitioner for the day of , 20 fit at 9 : A- M in Courtroom # r 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. £S I Cat . J ..SL PeuNNola+ siapy By the Court, Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jennifer Kent -Shank (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. /4— 0185? Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE 7-17 The undersigned hereby certifies that on CG�X"�" l , 20 G: ( , I cause 4 je mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Heariirrrg' , afid all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature Type your Nam Address: City / State / Zip Code: Telephone: tJOf Jennifer a t -Shank 11 612 PR 7/7 134 SSS"/ ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER M. KENT -SHANK v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES ORDER NO. 14-2858 VEHICLE REGISTRATION SUSPENSIONS APPEAL AND NOW, this 20th day of August, 2014, the appeal filed in the above -captioned matter, C) r� is. ..0 a - R 74 Z G) ii'.. DISMISSED and the suspensions shall be REINSTATED. c SUSTAINED and the suspensions shall be RESCINDED. <c) _c; REMANDED to the Department to update its records.p.c= `:. :I. WITHDRAWN. -<: 3 t', e_.."_„ CONTINUED AND RESCHEDULED for the l6 day of L 2 9 1 / 4 r 2014, at q 0 a.m., in Courtroom No. S of the itEvossoter County Courthouse. CumtWari BY THE COURT: ATTEST: Jennifer M. Kent -Shank, 116 Tory Circle, Enola, PA 17025 i Philip M. Bricknell, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 00- es vd -. `/d 4.)11114 Pgi- J. JENNIFER M. KENT-SHANK, • IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. : COMMONWEALTH OF PENNSYLVANIA, • NO. 14-2858 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, • VEHICLE REGISTRATION Respondent • SUSPENSIONS APPEAL ORDER AND NOW, this 16th day of October, 2014, the appeal filed in the above- captioned matter is REMANDED to the Department of Transportation for correction of its records. BY THE COURT: 3 ' cnr 7-/ C Attest: z h. CA, - 041 �- Jennifer M. Kent-Shank, 116 Tory Circle, Enola, PA 17025 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 O pfrs tact,led MMI/Ugly