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HomeMy WebLinkAbout14-3842s E C T I 0 N A S E C T I 0 N Supreme Court'ofFPennsylvania Courtfof CommonPleas Civil CoverSheet County For Prothonotary Use Only: Lead Plaintiff's Name: �✓G„,,,,„ Docket No: 8 ' 3P/2- a i 1 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 cis required by law or rules of Court. Commencement of Action: ❑ Complaint ❑ Writ of Summons UaPetition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: �✓G„,,,,„ Lead Defendant's Name: 1( yo. P Dollar Amount Re ueste ❑within arbitration limits Are money damages requested? ■ Yes r5/./No (check one) • outside arbitration Emits Is this a Class Action Suit? ❑ Yes ( -No Is this an MDJAppeal? ❑ Yes [(No Name of Plaintiff/Appellant's Attorney: ]"" "~ , 142a7Av1-C/ f ❑ Check here if '‘ot, have no Ott . -rev (are a Self-Represu tech lPro Sel 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) O Intentional O Malicious Prosecution O Motor Vehicle ❑ Nuisance O Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco O Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY O Dental O Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff ❑ Debt Collection: Credit Card 0 Debt Collection: Other O Employment Dispute: Discrimination ❑ Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition O Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections Dept. of Transportation LI Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration Declaratory Judgment Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 CHRISTOPHER M. SIMMENS Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - c F7 ZCIVIL TERM -:- 01 Cap - �_. cn r-` 'P. i : APPEAL FROM DRIVER'S LICENS�- : SUSPENSION >c-..1 c:, __ C::: kr) PETITION FOR APPEAL Petitioner, Christopher M. Simmens, by his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Christopher M. Simmers, an adult individual residing at 1809 Good Hope Road, Enola, Cumberland County, PA 17015. 2 On June 13, 2014, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of one year effective July 18, 2014. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A". 3 The Order suspending Petitioner's license as set forth on Exhibit "A" is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Date: Respectfully submitted, MARTSON LAW OFFICES Katie J. Max - . , Esquire Attorney I. V` _ o. 206018 10 East High Street Carlisle, PA 17013 Attorney for Petitioner LT/01. 7sjod A�� C# .2 64/ 2 3098$s EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 13, 2014 CHRISTOPHER MICHAEL SIMMENS 4 ROUND HILL RD CAMP HILL PA 17011 Dear MR. SIMMENS: WID $ 141579283265705 001 PROCESSING DATE 06/06/2014 DRIVER LICENSE t 29850746 DATE OF BIRTH 05/21/1992 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 06/04/2014 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 05/26/2014: ■ Your driving privilege is SUSPENDED for a period of 3 MONTH(S) effective 07/18/2014 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 07/18/2014. You may surrender these items before, 07/18/2014, Fur 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 $27.50. 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. 141579283265705 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". 141579283265705 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 move from your current address. your address change by calling listed at the end of this letter. PennDOT is notified if you You may notify PennDOT of any of the phone numbers APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 13, 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 07/18/2014. SEND FEE/LICENSE/DL-16LC/T0: 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 CHRISTOPHER M. SIMMENS : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION :NO. 2014- 3.87 2' " 12 COURT ORDER AND NOW, this d&L day of , 2014, upon consideration of the foregoing Petition For Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the /dam:. day of Oe„- ce.,t ; , 2014, at q f3d a .m at which time the issues raised in this Petition will be heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on June 13, 2014, and relating to the suspension of Petitioner's license effective on July 18, 2014. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. 7Cc: Ij.efie J. Maxwell, Esquire Office of the Chief Counsel of PennDOT eCip t" eS' !rear LEL 7/9 /9 BY THE COURT, CHRISTOPHER M. SIMMENS, • IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, : NO. 14-3842 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • RECALL APPEAL 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. -'a..l BY THE COURT: rri -ate c� z� �,�-T, 0/4 7726 e - *;- Cr* --� Attest: .Katie J. Maxwell, Esq., Mattson-) Law Offices, 10 East High Street, Carlisle, PA 17013 Pfd ;N L[ -�`I( ,E'er 7" Peck 's ser,-e &'y Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ©p /D//b/q