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HomeMy WebLinkAbout14-2970S 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 C tA>mbe{ \cr c& County For Prothonotary Use Only: Petition Declaration of Taking ,�/ ❑ Complaint ■ Writ of Summons CJ ❑ Transfer from Another Jurisdiction ® Docket No: Lead Plaintiff's Name: i. 6 o\n 'D . S -k--(..L c. Lead Defendant's Name: n 1,--)C oC --cro.r5 For r/c/ —09 / /% 0 c ✓/ -4/A 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 CJ ❑ Transfer from Another Jurisdiction ® Lead Plaintiff's Name: i. 6 o\n 'D . S -k--(..L c. Lead Defendant's Name: n 1,--)C oC --cro.r5 For Dollar Amount Requested: within arbitration limits Are money damages requested? 1 Yes ENo (check one) outside arbitration limits Is this a Class Action Suit? 1 Yes No Is this an MDJAppeal? ■ Yes Er< Name of Plaintiff/Appellant's Attorney: Er Check here if you have no attorney (are a Self -Represented [Pro Sed 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 0 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) O Buyer Plaintiff O 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 El Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ 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 ▪ Common Law/Statutory Arbitration ❑ Declaratory Judgment Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Suso, Di co -1 P _ 5k a ci - : No. l7'� d4 7O fiO3 ;7 A, /LP -36517f LIPt (Type your name) C) © =r; Vs. Driver's License/Auto Registration Appe a) s ' = --< CP S C J -<> o < -o r ...amino V21 C.: C ? c ;1="s APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION f; .w:cD Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing AND NOW, this (enter today's date) 20 1 , comes the Appellant, (Type your name) .5USGJ\ Dkot. 5ueK, , by is/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 3i e s7' —77 ,nom 2. PennDOT proposes, by Notice dated (insert "mailing" date here) 1 V 1 D•/ 0 7 , 20 J i , to suspend Appellant's x driving privileges r7 automobile registration for a period of (Insert length of suspension) pursuant to Section of the Vehicle Code, which )bot am suspension is to be effective (Insert suspension effective date) 06/13 l , 20 "1 ****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) 0 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:) moved. cr-orr \k . c n w `hen 1 do*cli 1' CV) an e.c . 5t Cas\ �-i & O di re8i S- r0 A- isof \co � . tln -�O r -k Lv1c�Ne t 1, rt d: c'. A-Ae t. ti k,.- 4-4ne_ r af,ck now VcL. 15 4 -ell i n °+ %1Cxv C. en c, C Chef ary. o P.co kA. jex/ feq V:; rt. f1�,°c-f.. -arc -� t'X• 4-; eG -to .8 ! 1/ CCU�s ; v.4-. un co rk o,o 0.ke 1. c� �. I A- too -oto rd Sr 1 -OR - The suspension of Appellant's automobile registration is contrary to law in that: 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) 5 u ,c r \ 1J • Sk- (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: Telephone Number: Email address: AkAiflo,S) ,iatt,z-vb 65' mcou>..r\+&\K Rd.. ')o`Xn ,e,c`‘, 5, QA Iii o0�7 NIA @ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 09, 2014 SUSAN DIANE STUCK 551 MOUNTAIN RD BOILING SPRGS PA 17007 Dear Motorist: WID # 141226180698437 001 PROCESSING DATE 05/02/2014 DRIVER LICENSE it 31657977 DATE OF BIRTH 08/04/1962 Your right to apply for a driver's license or learner's permit is being denied due to information received from the State of VIRGINIA indicating that your driving privileges are suspended. This denial is authorized by Section 1572 of the Vehicle Code. You will not be able to apply for a driver's license or learner's permit until sufficient proof of restoration is received from the State of VIRGINIA. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction -against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of cancellation is 06/13/2014, 12:01 a.m. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (MAY 09, 2014) of this notice. You must still send in your license before the effective date of cancellation unless you appear in person before a Judge and receive an order permitting you to continue to drive. 141226180698437 AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME -STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 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 Stksos,-D. 5k-tAx..y. (Type your name) No. / / - !-76 Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE 17 The undersigned hereby certifies that on Mcki , 20 l ki , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: , 20 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: s3itiottnv .,...,jfrA4.e..,k) Type your Name: .Ju -SO`' D . j--u-a— Address: 551 YYIOVxiI a ►r1 - City / State / Zip Code: i 1- dict J�C + r-tS, PA (7007 Telephone: -1t1— & 3— 3a6(O ** 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 OF CUMBERLAND COUNTY, PENNSYLVANIA 6 c.1.SC7.t1 No. )-±1 G,jJ' ++i+. (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 O� of 2d AND NOW, this � a hearing is scheduled ��I% on the appeal of Petitioner for the OK/' day of , , 20 /T at 7 :LVV ,4 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, 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. Co ES MAI lECL. S sok Shyly By the Court, Judge - c. SUSAN D. STUCK, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTR ma, NO. 14-2970 CIVIL TEI r DRIVER LICENSE SUSPENSION APPE 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. 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: Susan D. Stuck, 551 Mountain Road, Boiling Springs, PA 17007 Philip M. Bricknell; Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Capte5; wailed el-w;//if