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Home My WebLink About14-2974E T 0 N A E T 0 N Supreme Court Off -Pennsylvania Cour1jfCommiiP1eas Civil C6Ver Sheet coca\oef\cAN County For Prothonotary Use Only: Docket No: /V1.2.9 -21/ Ca,/ 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 leadin s or other papers as required by law or rules o 'court. Commencement of Action: Petition Declaration of Taking 0 Complaint Writ of Summons 0 0 Transfer from Another Jurisdiction 0 Lead Plaintiff's Name: e-tSS Cc-‘. CCt1/4) \ VI S Lead Defendant's Name: Ci3A-OP-10 IN uiec-A-11 0- (Pil- DepaorleA I- c Are money damages requested? 0 Yes ZT-No Dollar Amount Requested: 0 within arbitration limits (check one) El outside arbitration limits Is this a Class Action Suit? 0 Yes ,No Is this an MDJ Appeal? 0 Yes -Er No Name of Plaintiff/Appellant's Attorney: kt, 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) 0 Intentional 0 Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant El Toxic Waste O Other: PROFESSIONAL- LIABLITY O Dental O Legal El Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card 0 Debt Collection: Other O Employment Dispute: Discrimination 0 Employment Dispute: Other O Other: REAL PROPERTY 0 Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition El Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment Olt Board of Elections af Dept. of Transportation O Statutory Appeal: Other O Zoning Board El Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory Judgment O Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto O Replevin El Other: Updated 1/1/2011 i-rci‘.5 160' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C )ei(a CG) kYkS (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing cD. No. �[� C C • ' 7'g7 3 -� M� r— :t. •T.._ --2 V �$ti Driver's License/Auto Registration Appy,. cr% SCA <L) -o c �Q C▪ JS _.f APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) Ze--3SN CC. C.0 t (\S ,` g5 ,20 11-1 , 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 driving privileges and states as follows: ,20 ,to suspend automobile registration for a period of (Insert length of suspension) of the Vehicle Code, which , 20 pursuant to Section suspension is to be effective (Insert suspension effective date) ****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: 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, ign name here) CcAAA N1S (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: --gC>nJ,Cck CaV�1R Address: -7Cc l'" )01 City / State / Zip Code:J'()/pertbxrr PA- \-19;7 Telephone Number: "711- t -t Ot-fj,-9a1-1,Zs Email address: Ga.,1,nS.,-- LA @ jcAVoo C6r1 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 18, 2014 JESSICA MARIE CAVINS 748 WALNUT BOTTOM RD SHIPPENSBURG PA 1725? Dear MS. CAVINS: WID # 141019283402502 001 PROCESSING DATE 04/11/2014 DRIVER LICENSE # 29200867 DATE OF BIRTH 11/30/1990 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 04/10/2014 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 03/27/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/18/2014 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession IMMEDIATELY. 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. 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 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. 141019283402502 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), camera card(s), and/or a sworn notarized letter, PennDOT will send you.. a__receipt confirming the date that credit be- gan. 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 sus- pension. 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. 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, APRIL 18, 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 141019283402502 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. 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 3e35lCc,. cso-ti\ $ No. (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 aaVdiday of , 20/ /, a hearing is scheduled on the appeal of Petitioner for the .R0 day of _ , 20 /c1 at % :v i'� M in Courtroom # I 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. ao p t'es Lci JC.uir Essvc ?c,t.Jocia4 sizapy By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cc\ Cc.o No. /V...;)9' (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing C) r-,.: Driver's License/Auto Registration-Apeal rn r` —C D r— CD CERTIFICATE OF SERVICE > The undersigned hereby certifies that on (Y)c-Ay 7 , 20 /2l , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: r1otfi (97 , 20 1L1 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: ij� Address: 7'- r coc\ inE�� 004C ri City / State / Zip Code: `k� `f R,-»1 03 VZ94 Z Telephone: 717 - 404 c( 21 a c.0 -.;",,A 5, ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** JESSICA M. CAVINS, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY 2 -0 NO. 14-2974 CIVIL TERlan r-� DRIVER LICENSE �� SUSPENSION APPEAL v 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. :'i Wd QZ Of1V h f Qz SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. rn C c7 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: J. Attest: Jessica M. Cavins, 748 Walnut Bottom Road, Shippensburg, PA 17257 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eCip Ja.'lcd (/02///