The URL can be used to link to this page

Home My WebLink About14-4793S E C T I 0 N A S E C T I 0 N Supreme Court Of -Pennsylvania Court' of Common Pleas Civil Cover Sheet County For Prothonotary Use Only: Docket No: /4/.- 1/793 all 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 ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Are money damages requested? ❑ Yes No Dollar Amount Requested: ■ within arbitration limits (check one) • outside arbitration limits Is this a Class Action Suit? ❑ Yes No Is this an MDJAppeal? ❑ Yes ■ No Name of Plaintiff/Appellant's Attomey: W .� 6^ ❑ Check here if you have no attorney (area Self -Represented {Pro Sej 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 ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance O Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT O Asbestos O Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY O Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff ❑ Debt Collection: Credit Card 0 Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition O Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment O Board of Elections O Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board liC\Iv.-1721aCt MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment O Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /% No. 779J &N^' DIANE M MCCURDY (Type your name) "a7 Vs. Driver's License/Auto Registration Appeal c� c Commonwealth of Pennsylvania �1> t o c.:; Department of Transportation E Bureau of Drivers Licensing E -411 77 1. zc'.74 ...� ., APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION -i ""-.3 AND NOW, this (enter today's date) AUGUST 12 2014 , comes the Appellant, (Type your name) DANE M MCCURDY , by his/her attorney, WILLIAM C FELKER and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 18186808 2. PennDOT proposes, by Notice dated (insert "mailing" date here) JULY 16 Appellant's RTIdrivingprivileges 18 MONTHS automobile registration pursuant to Section 1547 ,2014 ,to suspend for a period of (Insert length of suspension) of the Vehicle Code, which 2014 suspension is to be effective (Insert suspension effective date) AUGUST 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. ElAppellant did not knowingly or intelligently refuse a chemical test; I I 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). Ft] Other (Specify reason:) SUSPENSION SHOULD ONLY BE 12 MONTHS //S 7-iv4a 4i 3Lv 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 Iessthan 31 days AND 1 did riot 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 respectfullyrequest this Honorable Court to sustain the appeal from the susperision of operating privileges or automobile registration. Respectfully submitted, (Sign name here) WILLIAM CFERLKER.ESC) (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.G. Sec. 4904 relating to unsworn falsification to authorities. Signature: Type Name: Address: pOBOX 14O1 WILLIAM C FELKER, ESQ City/State/Zip Code: CAMP HILL PA 17001-1401 Telephone Number: 717.512.0647 Email address: WCFESQ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 16, 2014 DIANE M MCCURDY 315 MOUNT ALLEN DR MECHANICSBURG PA 17055 Dear MS. MCCURDY: WID * 141906352268122 001 PROCESSING DATE 07/09/2014 DRIVER LICENSE * 18186808 DATE OF BIRTH 06/21/1958 This is an Official Notice oT the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. .4s a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 07/02/2014: Your driving privilege is SUSPENDED for a period of 18 MONTM(S) effective 08/20/2014 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 08/20/2014. You may surrender these items before, 08/20/2014, 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 527.50. 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. 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: Youmaynot retain your driver's license for identification purposes. Please send these items to: 141906352268122 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". 141906352268122 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 16, 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 1101 South Front Street 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 08/20/2014. Sincerely, 04t 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 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmv.state.pa.us 1-800-228-0676 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. (Print your name) • i v- i/W3 eat -1 Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING /(/ HEARING�ON APPEAL /314AND NOW, this �'� day of G1�720 Ya hearing is scheduled on the appeal of Petitioner for the �t# day of CPCI 4 '( , 20 at tid igM in Courtroom # 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. Co(es otkiiirk P 2/10/iy By the Court, Thomas A. Placey Common Pleas Judge Judge ZCD r c r °3 G-1 r- (Ar- ,fr, rte- 0) ` c a - - cr t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE MCCURDY No. / !r 1 3 C. 1, (Type your name) c VS. Driver's License/Auto Registration ppe _' --t 3 r Commonwealth of Pennsylvania =yr' c r-.- Department of Transportation Nr- IN, �.xc" r Bureau of Driver Licensing -<�_--I c_.-% CERTIFICATE OF SERVICE is -.., T -_ C3 The undersigned hereby certifies that on alloi2—, 2014 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: ( c �- , 2014 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: Type your Name: Address: City / State / Zip Code: Telephone: WILLIAM C FELKER, ESQ PO BOX 1401 CAMP HILL PA 17001-1401 717.512.0647 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** DIANE M. MCCURDY, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-4793 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL ORDER AND NOW, this 18th day of December, 2014, the appeal filed in the above - captioned matter is: 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 Zr4t day of , 2015, at e4(&2 p .m., in Courtroom T tom' cs Room No. L{ of the Cumberland County Courthee,7- Carlisle, Pennsylvania. rn rn nC) 2J r � • ��`...`q','�q' <> uD T v v • ` • • flC � .n... r) .ham 'l* ✓ Wiliam C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17011-1401 evicA • Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 CO ICS i7L Q/i(f