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Home My WebLink About14-2963s E c T I 0 N A s E C T I 0 N Supreme Cou ennsylvania County For Prothonotary Use Only: Petition Declaration of Taking J.. f.it Docket No: /9—x 63 (x7/– •<- The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fr.lin g and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint C� Writ of Summons 0 Transfer from Another Jurisdiction LPlaintif/� ' if's Name: %�(�/� rQ c�Oct � n n1Mt (,,cL (/t Pei 4(411,.._ �qad,� f dan 's Nam f�i�►�-� �,iA ��,�, t �� ( .c�� Dollar Amount Requested: MI within arbitration limits Are money damages requested? Ha Yes DD No (check one) N outside arbitration limits Is this a Class Actions Suit? Mi Yes X No Is this an MDJAppeal? % Yes No Name of Plaintiff/Appellant's Attorney: Check here if you have no attorney (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) Intentional Malicious Prosecution O Motor Vehicle O Nuisance • Premises Liability Product Liability (does not include mass tort) O Slander/Libel/ Defamation 0 Other: MASS TORT O Asbestos O Tobacco 0 Toxic Tort - DES 9 Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY El Dental 9 Legal [_i Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card Debt Collection: Other • Employment Dispute: Discrimination 0 Employment Dispute: Other Other: REAL PROPERTY O Ejectment Cii Eminent Domain/Condemnation • Ground Rent 9 Landlord/Tenant Dispute 9 Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition E1 Quiet Title • Other: CIVIL APPEALS Administrative Agencies 9 Board of Assessment El Board of Elections • Dept. of Transportation • Statutory Appeal: Other O Zoning Board 0 Other: MISCELLANEOUS Common Law/Statutory Arbitration 9 Declaratory Judgment Ci Mandamus ▪ Non -Domestic Relations Restraining Order ID Quo Warranto 0 Replevin El Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /4- (Typeyour name) 2163 C103.75-pl .. cask Vs. Driver's License/Auto Registration Appeal C Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing rn co nt rn ry x....< ▪ ----- (.1)r- - I7 C� APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION>� • �; ( today's) ,comes the Appellant, (ypyour Warne A D NOW, t is e t r date 20 � T� ) CC(,�,� 0 �- 'fl t1 ..- , by is/her attorney, and -states -as follows: ..` 1. Appellant's P,,A ope�rrattor3 number or automobile registration number is: g- q 2. PennDOT proposes, by Notice dated (insert "mailing" date here) /j)51'2'°I l , 20 PI , to suspend Appellant's[xi driving privileges automobile registration for a period of (Insert length of suspension) pursuant to Section 1 `5 suspension is to be effective (Insert suspension effective date) 21 ( of the Vehicle Code, which , 20 �q ****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:) 1 -OR - The suspension of Appellant's automobile registration is contrary to law in that: n 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). nOther (specify reason:) 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 6,a h',ti,e, ( ype 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 relatingto unsworn falsification to authorities. Signature: Type Name: Address: 6 37 fiS:1" City / State / Zip Code:"'"( th 7/10 Telephone Number: 9 l 7 3'70-7‘1Y9 Email address:10Ab1 j mom. @ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 22, 2014 TRACY L BALTIMORE 637 EMERALD ST HARRISBURG PA 17110 Dear. MS. BALTIMORE: WID # 141059283424276 001 PROCESSING DATE 04/15/2014 DRIVER LICENSE # 22737303 DATE OF BIRTH 02/02/1970 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 04/14/2014 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 11/15/2013: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/27/2014 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 privilege 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 05/27/2014. You may surrender these items before, 05/27/2014, 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 identification (e.g., birth passport, marriage certificate, your photo identification card. two (2) forms of proper certificate, valid U.S. etc.) in order to obtain You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 141059283424276 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 notarized 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 confirming the date that credit began. if you do not receive 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 products, 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". 141059283424276 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 insurance 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, APRIL 22, 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 05/27/2014. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 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 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Print your name) No. /ry J 3—y0 ar;/ T im Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDERESCHEDULING HEARING ON APPEAL AND NOW, this a�' day of ,�1� 2Q/ , a hearing is scheduled on the appeal of Petitioner for the 20 6' day of , 20 /(1 at / : 3U P M in Courtroom # 1 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. 1 rn co C7 > C -L rV r\) Letter to Cumberland County Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tracy Baltimore No. 14-2963 Civil Term 1:54 PM 8/13/2014 vs Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Pracipe to discontinue case Docket # 2014-02963 Drivers License Suspension Appeal Dear Prothonotary or Clerk of Court, CT\ Please Discontinue case as I was found NOT GUILTY on appeal from Magistrate Decision. Please find notice that action was removed from my driving record and receipt for the Appeal fees paid enclosed. Thank you, lease sendxefund to: racy Baltimo 637 Emerald Street Harrisburg, Pa 17110 (917) 370-7989 Page 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1+1 (Print your na e) No. /I/ -/+o Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL 01 Ios'A AND NOW, this 0,204. day of 20/Y a hearing is scheduled on the appeal of Petitioner for the OD day of , 20 /g at I : 30 )4' M in Courtroom # 1 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. r.a N N COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 08/04/2014 TRACY L BALTIMORE 637 EMERALD ST HARRISBURG PA 17110 Dear MS. BALTIMORE: that been is: WID it 142166614563239 001 PROCESSING DATE 08/04/2014 DRIVER LICENSE $ 22737303 DATE OF BIRTH 02/02/1970 The action which was indicated on the Official Notice you received with an effective date of 05/27/2014 has removed from your record. The action that was removed Authority Code: 1543 Description: DRIVING WHILE SUSPENDED OR REVOKED This notice only applies to the action listed above. Any other action of which you have been notified remains in effect. If this action makes you eligible to drive you will receive additional correspondeice advising you of that fact. 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 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 BALTIMORE TRACY (VS) COMMONWEALTH OF Case Number 2014-02963 Received of PD CASH APPELLANT LJC Total Non -Cash Total Cash Change Receipt total...... . 00 103.75 . 00 $103.75 Receipt Date 5/16/2014 Receipt Time 14:16:51 Receipt No. 305941 PENNSYLVANIA Distribution Of Payment Transaction Description Payment Amount APPEAL LIC SUSP TAX ON APPEAL SETTLEMENT AUTOMATION FEE JCP FEE 65.25 CUMBERLAND CO GENERAL FUND .50 BUREAU OF RECEIPTS AND CONTROL 9.50 CUMBERLAND CO GENERAL FUND 5.00 CUMBERLAND CO AUTOMATION FUND 23.50 BUREAU OF RECEIPTS AND CONTROL $103.75 TRACY L. BALTIMORE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNT 'TI • 43p k' r NO. 14-2963 CIVIL TE '= " DRIVER LICENSE -ca SUSPENSION APPEAL z.c-)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. 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. -37 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. Carlisle, Pennsylvania. of the Cumberland County Courthouse, BY THE COURT: Attest: —Tracy L. Baltimore, 637 Emerald Street, Harrisburg, PA 17110 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, //11 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 (.�I. ec S"{, , i w /G,241/)y` Age