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Home My WebLink About14-4427 Supreme Cog nsylvania Court Of Comm o `'Pleas For Prothonotary Use Only: C llj ,0 i'Sh het Docket No y Count 7 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S rl Complaint El Writ of Summons Petition E Transfer from Another Jurisdiction '9-lbeclaration of Taking Led �Iintiff`s Name: Defendant' Namk. 11L ( e vC" Dollar Amount Requested: within arbitration limits I Are money damages requested? El Yes /r—' 1`To � U (check one) Doutside arbitration limits N Is this a Class Action Suit? D Yes �T—No Is this an MDJAppeal? 0 Yes 1KN0 A Name of Plaintiff/Appellant's Attorney: 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) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional rl Buyer Plaintiff Administrative Agencies Malicious Prosecution rl Debt Collection:Credit Card El Board of Assessment � icle 0 Debt Collection: Other ® Board of Elections Nuisance 0 Dept.of Transportation Premises Liability Statutory Appeal:Other S E] Product Liability(does not include � mass tort) El Employment Dispute: E Slander/Libel/Defamation Discrimination C Other: El Employment Dispute:Other Zoning Board T Other: I r] Other: O MASS TORT Asbestos N [3 Tobacco rl Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste Other: � Ejectment E] Common Law/Statutory Arbitration B Eminent Domain/Condemnation E] Declaratory Judgment El Ground Rent [] Mandamus El Landlord/Tenant Dispute F7 Non-Domestic Relations n Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial El Quo Warranto rl Dental ® Partition ®Replevin E] Legal E] Quiet Title Other: E] Medical Other: rl Other Professional: Updated 1/1/2011 I HECOUF�T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA bu-c, \l No. (Type your name) Vs. Driver's License/Auto Registration Appeal rte-- x r- cn r-- tvC. G Commonwealth of Pennsylvania � F Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AIR NOW,this (e t r today's date) , , 20 \ ,comes the Appellant, (Type your name) x, Kc—� \,\0 N j , by er attorney, and states as follows: 1. Appe.11ant' PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert"mailing" date here) CA , 20to suspend Appellant's driving privileges Flautomobile registration for a period of(Insert length of suspension) uvv pursuant to Section � ``"( of the Vehicle Code,which suspension is to be effective(Insert suspension effective date) l 20 ', ****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:) v-f13, ?S, p,c e P1WIAV� R-� 34W 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, I'," � (Sign name here) (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: C�c� l Address: City/State/Zip Code: J Telephone Number: Email address: 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licehsing J ';• Mail Date : MAY 07, 2014 ..r ALICIA KNOLL WID # 141206276117690 001 3875 MAIN ST PROCESSING DATE 04/30/2014 P 0 BOX 56 DRIVER LICENSE # 19841231 SCOTLAND PA 17254 DATE OF BIRTH 10/03/1962 Dear MS. KNOLL : a i iii s is an UT"T3.cla.L 6"t yuu. Ur i Ti ng Privilege as authorized by Section 1547811 of the Pennsylvania Vehicle Code . As a result of your violation of Section 1547 of the Vehicle Code , CHEMICAL TEST REFUSAL , on 06/29/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) ipffective 06/11/2014 at 12: 01 a .m. 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 06/11/2014 . You may surrender these items before , 06/11/2014, for 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 $13. 50 . You must present two (2) forms of proper iden- tification (e . g . , birth certificate , valid U . S. passport , marriage certificate , etc . ) � n order to obtain your photo idencxrication caro. 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 . Remember : You may not retain your driver 's license for identification purposes . Please send these items to : Pennsylvania Department of Transportation 141206276117690 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 con- firming the date that credit began. If you do not re- ceive 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 ntimhers are listed at the end of +-his 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 . Remember, this is an OFFICIAL. NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/11/2014 . Sincerely, Gf`1Ffi r Kara N. Templeton , Director Bureau of Driver Licensing INFORMATION 8:00 a .m . to 5 : 00 p .m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-CF•-STATE 717- 412--5360 TDD CUT-OF-STATE 717-4i2-5380 WEB SITE ADDRESS www. dmv.state .pa .us 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. /(1-180)-7 wY Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this /`-` day of , 20 /4, a hearing is scheduled on the appeal of Petitioner for the ka day of / , 20) 1 at _L:24_4M in Courtroom # .S 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, 3rd 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. By the Court, ezyzi.e,c /7-LALC, IGwLL. 8/4iN .112 06K - Judge rr tC� (Type your name) lel � v'/d0 e4.Yl f�ra HE COU OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION Ca -'v 3 rn c-. rn r- r— cn r r—x =c AIR NOW, this (elt r today's date) 1 20 lk\ , comes the Appellant, (Type your name) \) , by ' er attorney, and states as follows: 1. Appe,Jlgnt PA ,er r Cumber or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) Appellant's Ndriving privileges , 20 \q , to suspend automobile registration for a period of (Insert length of suspension) pursuant to Section k'" t of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) c \ l , 20 \ ****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) n 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:) sr/j3, 75' f l' �lkw4 P� as 3,07/3 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, i\W° (Sign name here) 0),\\u„1 -,\q,)\ (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: i\k City / State / Zip Code: (Dt\�� Telephone Number: —4\~)T --D"1 Email address: \1Sti•s..��`` 2 Y ALICIA KNOLL 3875 MAIN ST P 0 BOX 56 SCOTLAND PA COMMONWEALTH.OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 07, 2014 WID # 141206276117690 001 PROCESSING DATE 04/30/2014 DRIVER LICENSE # 19841231 17254 DATE OF BIRTH 10/03/1962 Dear MS. KNOLL: '~f �iis ins an CTi icia� Not/ a at-tne 6u5tpension o`t you/ --Driving Privilege as authorized by Section 1547B11 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/29/2013: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 06/11/2014 at 12:01 a.m. 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 06/11/2014. You may surrender these items before, 06/11/2014, for 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 $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 idencirication caro. 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. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation 141206276117690 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 con- firming the date that credit began. If you do not re- ceive 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 ofthis 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. Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/11/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT -GF --STATE -- 717-412-5300- TDD CUT -OF -STA -TE- 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us ALICIA KNOLL, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, . Respondent 14-4427 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 16th day of October, 2014, this being the time and place set for an appeal in this matter and the Respondent, through Philip M. Bricknell, Esquire, having made legal argument that any time period during which the Petitioner may have appealed this matter has expired, and that accordingly this appeal must be dismissed, this matter is taken under advisement. The Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, is directed to submit legal authority within two weeks to support it's position as to this matter being dismissed without a hearing. By the Court, Christylee L. Peck, J. ✓ Alicia Knoll, Petitioner Pro se P.O Box 56 t� Scotland, PA 17256 TA M. Bricknell, Esquire 2 Office of Chief Counsel Lt -- 1101 South Front Street- 3rd Floor --<> Harrisburg, PA 17104-2516 r- 2r. the Appellee y c Pcb C I'ES /i.ai trak.. /0 V/7 ?S:gWV CZ100h11 ALICIA KNOLL, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-4427 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION ORDER AND NOW, this � ay of (74. , 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 appal shall be REINSTATED. X-74 %s !Zu 714°/ 74 7 SUSTAINED and the suspension which is the basis of this C-1/2"/".- appeal /yeappeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of , 20 , at .m., in Courtroom Room No. of the Cumberland County Courthoi@e, -o= rr1 W rrl z� -<b. r s>r, z Carlisle, Pennsylvania. BY THE COURT: J. Attest: ✓Alicia Knoll, 3875 Main Street, P.O. Box 56, Scotland, PA 17254 ✓Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516