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HomeMy WebLinkAbout14-355806/12/2014 14:33 7175995821 nnsylvania E leas t County LYSAGHT LAW PAGE 02/02 For Prothonotary Use Only: etition • Declaration of Taking - Docket No: I e The information collected on this form is used solely for court administration purposes. This form does not .supplement or replace the fling and ,service of pleadings or other papers as required by law or rules ofrourt. Commencement of Action: etition • Declaration of Taking ilt Complaint 1 Writ of Summons i Transfer from Another Jurisdiction • r.q Plaintiff's Name: C.,/ et_ VO`lt- Le Defendant's Name: rngiVeatill d6 PR - Dollar Amount Requested: :* within arbitration limits Are money damages requested? ■ Yes P'No (check one) X outside arbitration limits Is this a Class Action Suit? 0 Yes 'No Is this an MDJAppeal? i Yes No Name of Plaintiff'/Appellant's Attorney: 1,511 b• -i i VO ' a Self -Represented [Pro Se) Litigant) Check here if you have no att neyey (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) O Intentional ▪ Malicious Prosecution Motor Vehicle © Nuisance 9 Premises Liability 9 Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ® Other: MASS TORT El Asbestos O Tobacco ID Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste In Other PROFESSIONAL LIABLITY ▪ Dental © Legal ® Medical 9 Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff ❑ Debt Collection: Credit Card ® Debt Collection: Other ❑ Employment Dispute: Discrimin.ation 9 Employment Dispute: Other ❑ Other: REAL PROPERTY 0 Ejectment 13 Eminent Domain/Condemnation ® Ground Rent 0 Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ® Mortgage Foreclosure: Commercial ▪ Partition 9 Quiet Title ® Other: CIVIL APPEALS Administrative Agencies ® Board of Assessment ❑ Board of Elections Dept. of Transportation O Statutory Appeal: Other 9 Zoning Board O Other: MISCELLANEOUS © Common Law/Statutory Arbitration ® Declaratory 1udgment ® Mandamus Non -Domestic Relations Restraining Order 0 Quo Wan-anto ® Replevin ▪ Other: Updated 1/1/2011 1• PATRICIA POTTS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N° )C/ 3SS8 CIVIL ACTION -LAW / ,rn COMMONWEALTH of PENNSYLVANIA : APPEAL FROM DRIVER'S ci LICENSE SUSPENSION APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES AND NOW comes the Appellant, Patricia Potts, by and through her attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On May 6, 2014, the Appellant was convicted of Driving .Under the Influence General Impairment. 2. On or about May 15, 2014 Appellant received a suspension letter regarding a eighteen month suspension. (Copy attached) 3. The effective date of suspension is June 19, 2014. 4. The Appellant did not plead guilty to an M1 graded Driving Under the Influence. 5. On June 10, 2014 the Clerk of Courts did send to PennDot an amended DL21 form amended the grading of the offense from an M1 to an un -graded misdemeanor. WHEREFORE, Appellant, Patricia Potts based on the foregoing representations, respectfully requests that this .Honorable Court grant a hearing to determine the status of her operator license suspension, and enter a Supersedeas until such time as a hearing can be held. RES LL SUBMITTED: ysag t, uire f-IiNo. 39183 1350 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-5320 ATTORNEY FOR APPELLANT 'v e 1705 • JUN, 1(1 2014.10:06AM 7177638713 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 15, 2014 PATRICIA L POTTS 403 N WALNUT ST MECHANICSBURG PA 17055 Dear MS. POTTS: O.989 • 2 WID I 141289284195450 001 PROCESSING DATE 05/08/2014 - DRIVER LICENSE 4= 21196659 DATE OF BIRTH 01/18/1967 This is an Official Notice of the Suspension of your Driving Privilege as authorized, by Section 3804E211 of the Pennsylvania Vehicle Code. As a result of Your 03/05/2014 conviction of violating Section 3802A1 of the Vehicle Cade DUI GENERAL IMPAIRMENT an 08/21/2013: • Your driving privilege is SUSPENDED for a. period of 18 MONTH(S) effective 06/19/2014 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 06/19/2014. You may not drive after these items are torTen credit; however, you may 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 two (2) forms of proper identification (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. • JUN. 10. 2014 10:06AM 7177638713 141289284195454 Na 909 P. 3 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 - _ - -_ _ -_ .�, _ . rp_au f • nel_ er_ Lipe.nsing.- - .. _ 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 t -he Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. COURT ORDER TREATMENT PROGRAM Pursuant to Section 1548(d) of the Vehicle Code, the Court of CUMBERLAND CTY , Court Number 002773, Court Term 2013 has ordered you to attend a treatment program for alcohol or drug addiction. As a result of the court order, this �. nr43, cuss n4r, vocation shall remain in effect until the 4�..._ Departmient is rrotIfied - by tie ab'otiie`inour'ir-t11er-3io-U'- h�7e �• :." ,- successfully completed treatment and you are otherwise eligible for restoration of your driving privilege. PAYING THE RESTORAT_ FE. 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 Appj.ication 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. JUN. 10. 2014 10 : 06AM 7177638713 141289284195450 NO. 909 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". PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation; we _ :, Ir send "Voa ` a' -letter- " a %ing zha' 'yau Wrovi'cTe pf not 11f 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, MAY 15, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/19/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing • uuiu, IU. LUI4 IU:U/HIV/ 141289284195450 /1//638/13 SEND FEE/LICENSE/DL-I6LC/TD: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 NO. 909 INFORMATION .(8:00 AM TO 5:00 PM) IN STATE 1-800-93.2-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 CERTFICATE OF SERVICE I, Gary Lysaght, Esquire, hereby certify that on the 11th day of June, 2014, I served a copy of the forgoing document by depositing such into the custody of the United States Postal Service, certified mail, addressed as follows: Pennsylvania Department of Transportation • Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 G ght, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA POTTS NO. 11-1 fC (It V. COMMONWEALTH of PENNSYLVANIA : APPEAL FROM DRIVER'S LICENSE SUSPENSION CIVIL ACTION -LAW. ORDER OF COURT AND NOW, this A.&-.) day of , 2014, in the foregoing Appeal from License Suspension, a hearing is granted to deter nine whether appellant is subject to suspension of his automobile operator's license. This appeal shall act as supersedeas to the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation', Commonwealth of Pennsylvania. A hearing will be held on the /6&t, day of d -C -t.._} , 2014, at a.m./p.44, in Court Room S-- , Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania. - 4---:1 - 0 ---, .C-- ---' rr ; 4 ci) r - z •-: f ', -‹ > co c) : > c-) X CD .... Distribution: > — C•., C-7 22; • ' *e Prothonotary ./11-a Dept. of Transportation, Office of Chief Cousel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, #787-2830 .../6-ary Lysaght, Esquire, 1350 Fishing Creek Valley Road, Harrisburg, PA 17112, #599-5320. 1*es 1712.ttcri... 1,-;631 iy BY THE COURT: .=1 PATRICIA POTTS, • IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY v. : COMMONWEALTH OF PENNSYLVANIA, • NO. 14-3558 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF MOTOR VEHICLES, • APPEAL OF DRIVER Respondent • LICENSE SUSPENSION 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. 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 (0 day of Dec r , 20/( , at c-:-3t) 4. .m., in Courtroom Room No. 6 of the Cumberland County Courtho c- -� rnw rn 7, r Carlisle, Pennsylvania. =7) --I - BY THE COURT: =ca _ f, >c. i CA) '/'e/ - C J. Attest: Gary Lysaght, Esq., 1350 Fishing Creek Valley Road, Harrisburg, PA 17112 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 etp`i e5 emu l d wilt/11c PATRICIA POTTS, 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. 14-3558 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 18th day of December, 2014, the appeal filed in the above - captioned matter is REMANDED to the Department of Transportation for correction of its records. J. (.1.64Pagis euic451 Attest: Gary Lysaght, Esq., 1350 Fishing Creek Valley Road, Harrisburg, PA 17112 hilip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 /12_12,c Lc -L. i‘V/V/ r C) C) CD ,_ CD I