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Home My WebLink About14-5171S E C T I 0 N A S E C T I 0 N Supreme CouytOpennsylvania Court of Com' mon Pleas Civil Cover Sheet 31..)•-M County For Prothonotary Use Only: Petition '� 1 '�, Declaration of Taking � 1 ❑ Complaint 1 Writ of Summons ❑ Docket No:• /v 577/ /aft 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 as required by law or rifles of court. Commencement of Action: Petition '� 1 '�, Declaration of Taking � 1 ❑ Complaint 1 Writ of Summons ❑ ❑ Transfer from Another Jurisdiction ❑ Lead Plaintiff's Name: e .uJen.Rdb -- Lead Defendant's Name: L.CA .iNret-YLk Cary _/( Dollar Amount Requested: ❑ within arbitration limits (check one) ❑outside arbitration limits Are money damages requested? ■ Yes El—No Is this a Class Action Suit? 1 Yes No Is this an MDJAppeal? Yes ■ No Name of Plaintiff/Appellant's Attorney: er'fK-C (A k2.t ❑ Check here if you have no attorney (are a Self -Represented [Pro Sel Liti#gattt) 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 ❑ Motor Vehicle O Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation O Other: MASS TORT O Asbestos p 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 O Debt Collection: Credit Card 0 Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other • O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation O Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies O Board of Assessment • Board of Elections Imo, Dept. of Transportation ❑ Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment • Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 4 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION – LAW COMMONWEALTH OF PENNSYLVANIA : NO. %Y DEPARTMENT OF TRANSPORTATION, 72i Apellee C") -0 a Pi co C.() v. : APPEAL OF DRIVERS LIt SE- : SUSPENSION }> ca LOIS MARY CAMPBELL, Appellant > — APPEAL OF DRIVERS LICENSE SUSPENSION v. TO THE HONORABLES, JUDGES OF SAID COURT: Appellant, Lois Mary Campbell, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully represents as follows: 1. Appellant is Lois Mary Campbell (hereinafter "Campbell"), an adult individual who resides at 5 Windsor Way, Camp Hill, Cumberland County, Pennsylvania. 2. Appellee is the Pennsylvania Department of Transportation (hereinafter "Department"), an agency or instrumentality of the Commonwealth of Pennsylvania, with its principal offices located at Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania. 3. Campbell holds Pennsylvania Driver License No. 22140232. 4. Campbell appeals the Department's Notice of Suspension dated August 4, 2014, wherein Campbell's drivers license privileges have been suspended for a period of one (1) year with an effective date of suspension of September 8, 2014. (A true and correct copy of the Notice of Suspension is marked as Exhibit "A", attached hereto f C "19oec' and incorporated herein.) 5. Campbell received said Notice of Suspension for an alleged Chemical Test Refusal on July 19, 2014. 6. The arresting police officer (Officer Ebersole of East Pennsboro Police Department) failed to have probable cause to arrest Campbell for the charge of driving under the influence. 7. On the date in question Campbell did not refuse the chemical test as alleged by the Department. Officer Ebersole arbitrarily deemed Campbell to refuse merely because Campbell asked a question about the test. 8. As such, the Department's one (1) year drivers license suspension with an effective date of September 8, 2014, is arbitrary and capricious, and is contrary to law. 9. The filing of the instant Appeal acts as a supersedes to the Department's actions. WHEREFORE, Appellant prays your Honorable Court to sustain her appeal and issue an Order upon the Department to void its Notice of Suspension. Respectfully su. itted, Scan gi, P.C. Bv: k C. Sluzis, Esquire rney for Appellant ID No. 43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: 717.657.7770 Fax: 717.657.7797 Email: frank@scaringilaw.com I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4/204 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Dr'iver Licensing Mail Date: AUGUST 04, 2014 LOIS MARY CAMPBELL 5 WINDSOR WAY CAMP HILL PA 17011 Dear MS. CAMPBELL: WID It 142096075130272 001 PROCESSING DATE 07/28/2014 DRIVER LICENSE 1 22140232 DATE OF BIRTH 11/24/1968 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania VehicleCode. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 07/19/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 09/08/2014 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 09/08/2014. You may surrender these items before, 09/08/2014, 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 card at any Driver License Center for a cost two (2) forms of proper certificate, valid U.S. etc.) in order to obtain identification of $27.50. You must present identification (e.g., birth passport, marriage certificate, 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: You may not retain your driver's license for identification purposes. Please send these items to: xHs6'T f� 142096075130272 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. Ifyou 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". 142096075130272 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 04, 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 09/08/2014. 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 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 4 1" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION — LAW COMMONWEALTH OF PENNSYLVANIA : NO. DEPARTMENT OF TRANSPORTATION, Apellee v. LOIS MARY CAMPBELL, Appellant AND NOW, this 577, aide_ : APPEAL OF DRIVERS LIE" : SUSPENSION n consideration ofthe ORDER day of September, 2014, u OM day of within Appeal, a hearing is scheduled on the 11:50 A.M./0. in Courtroom No. , 2014 at of the Cumberland County Courthouse, Carlisle, Pennsylvania. This appeal shall act as a supersedes of the license suspension. BY THE COURT, Distribution: +1151nas A. !Macey Common Pleas Judge ,,...Frank C. Sluzis, Esquire, Attorney for Appellant, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110; Phone: 717.657.7770; Fax: 717.657.7797; Email: frankgscaringilaw.com .../1<nnsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 i'es re?..11