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Home My WebLink About14-3192S E C T I O N A S E C T I 0 N Supreme Courtof Pennsylvania Court of Common =Pleas Civil :Cover Sheet C(101,42eA 144,4. County For Prothonotary Use Only: Lead Plaintiff's Name: Ori6Z6/JA !AY faliZ Docket No: N. 3/92 de//z The information collected on this form is used solely for court administration purposes. This form does not up ?lenient or replace the filing and service of pleadings or other papers as required by law or rules of court. • Commencement of Action: ❑ Complaint ❑ Writ of Summons Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Ori6Z6/JA !AY faliZ Lead Defendant's Name: ?A�a1 _( Dollar Amount Requested: ❑within arbitration limits Are money damages requested? ■ Yes 1�SI No (check one) Ni Q • outside arbitration limits Is this a Class Action Suit? ❑ Yes I No Is this an MDJAppeal? ❑ Yes 2/No Name of Plaintiff/Appellant's Attorney: -D et° Z/1 j . )f( a Self -Represented [Pro Se] Litigant) • Check here if von 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) 0 Intentional O Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) O Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos O Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff 0 Debt Collection: Credit Card ❑ Debt Collection: Other O Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY 0 Ejectment ❑ Eminent Domain/Condemnation O Ground Rent Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition 0 Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies O Board of Assessment ❑ Board of Elections .[S' Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS O Common Law/Statutory Arbitration Declaratory Judgment ❑ Mandamus D Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 KATERENA LYNN TAYLOR, : IN THE COURT OF COMMON Petitioner : PLEAS OF THE 9th JUDICIAL : DISTRICT, PENNSYLVANIA : CUMBERLAND COUNTY vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : Civil Action - Law : No. / 3/9.Z1 C : Notice of Appeal PETITION FOR APPEAL FROM NOTICE OF SUSPENSION OF DRIVING- PRIVILEGE To the Honorable, the Judges of the said Court: '7i7f)1 The Petition of Katerena Lynn Taylor, by her attorney, Deborah K. Hoff, respectfully represents: N3 CO- 1. Your Petitioner is Katerena Lynn Taylor, who was issued Driver License No. 30408224 by the Commonwealth of Pennsylvania Department of Transportation. 2. Your Petitioner's mailing address is 531 Cleveland Avenue, Waynesboro, Pennsylvania 17268. 3. On April 24, 2014, the Department of Transportation notified your Petitioner that her driving privilege is being suspended for a period of three months effective May 29, 2014 at 12:01 a.m. as a result of her failure to produce proof of financial responsibility on March 14, 2014. A copy of said Notice is attached hereto, marked Exhibit A and made a part hereof. 4. Your Petitioner believes and therefore avers that she is not guilty of the charge of violating Section 1786(0, as charged by Citation No. C1419573-1, and that she paid the fine and costs as charged 4/03.7s10(1/9 c#67OV 12#.306-•27 and as assessed, believing that such procedure would be the most expeditious means of addressing the citation. She did not seek legal advice before paying the fine and costs, and did not know of the consequence of suspension of her operating privilege. 5. The following are the relevant facts: a. On or about March 14, 2014,.your Petitioner was stopped by the Silver Spring Police in Silver Spring Township, Cumberland County, Pennsylvania. Subsequently, a citation for violation of Section 1786(f) of the Vehicle Code was mailed to the Petitioner herein. b. Said citation was filed with MDJ-9-3-04, the office of Magisterial District Judge Kathryn H. Silcox. c. Petitioner paid the fine and costs, totaling $402.50. d. Petitioner believes that she was not guilty of the charge because she was not the "owner of a motor vehicle for which the existence of financial responsibility is a requirement for its legal operation," and was driving the motor vehicle belonging to another person, believing that the requirement of financial responsibility was fulfilled. e. Petitioner did not know of all consequences of payment of the fine and costs when she paid the full amount assessed to the Office of the District Court. f. Petitioner has on this date filed an appeal from summary conviction in order to contest the citation, together with a request for consideration nunc pro tunc. 6. Your Petitioner requests the Court to reverse the action of the Bureau of Driver Licensing Notice of April 24, 2014. WHEREFORE, your Petitioner respectfully prays that this appeal be allowed, that a hearing be granted to determine whether Petitioner's driving AND, she will ever pray, etc. Deborah K. Hof Attorney for Petitioner 154 South Potomac Street Waynesboro, PA 17268 (717) 762-0371. Supreme Court #26957 I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5-2-7 2011-1 CiA/14/ Katerena Lynn Taylor COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 24, 2014 KATERENA LYNN TAYLOR 208 N HANOVER ST APT 4 CARLISLE PA 17013 Dear Motorist: WID # 141076405115060 001 PROCESSING DATE 04/17/2014 DRIVER LICENSE # 30408224 DATE OF BIRTH 05/06/1992 Your driving privilege is scheduled to be suspended on 05/29/2014, because you failed to produce proof of financial responsibility on 03/14/2014, .the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 05/29/2014 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the information. enclosed application for restoration fee 2. Youwill be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your privilege has been reinstated. If you do not comply with this notice, this Bureau will refer this matter to the Pennsylvania State Police for prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 05/29/2014 12:01 A.M. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or EXHIBIT A 141076405115060 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 privilege. 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 Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, 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. 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 24, 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 Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing 141076405115060 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 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 KATERENA LYNN TAYLOR, : IN THE COURT OF COMMON : PLEAS OF THE 9`!' JUDICIAL Petitioner, : DISTRICT, PENNSYLVANIA vs. : CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : Civil Action - Law : No. /if — 3/9� : Notice of Appeal ORDER OF COURT ,Z/12014, the within Petition for Appeal from Notice of Suspension of riving Privilege having been presented to the Court, read, considered and ordered filed, it is hereby ordered that a hearing is granted to determine whether Appellant's driver's license should be suspended. Thirty (30) days written notice shall be given to the Secretary. This appeal shall operate as a supersedeas of suspension of Petitioner's operating privilege until final determination, per 75 Pa. C.S.A. Section 1550(b). Hearing shall be held on � 026 , 2014, at C30 o'clock p .m. in an s ned courtroom4o the umberland County Courthouse, Carlisle, Pennsylvania. moo, / CK1 C3.. rJ LAJ c By the Court, KATERENA L. TAYLOR, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-3192 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 20th day of August, 2014, the appeal filed in the above - captioned matter is CONTINUED and RESCHEDULED for the 18th day of December, 2014, at 9:30 a.m., in Courtroom 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Attest: i Deborah K. Hoff, Esq., 154 South Potomac Street, Waynesboro, PA 17268 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 (JDpi r pu.a . led g'//N c rri tri cc> r- -< r - n Z � A --s CD KATERENA L. TAYLOR, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-3192 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL ORDER AND NOW, this 18th day of December, 2014, the appeal filed in the above - captioned matter is: X Attest: 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 , 2015, at .m., in Courtroom Room No. of the Cumberland County Courthote, Carlisle, Pennsylvania. rto rn r— BY THE CO "'Tao A Paciet Deborah K. Hoff, Esq., 154 South Potomac Street, Waynesboro, PA 17268 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eop* es Pa "Lk., apciiy