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HomeMy WebLinkAbout14-5312C T I ,0 A C T 0 Supreme Cou"ro%Pennsylvania Cou'Y'' 1 y� Ciil Cover Sh et �r .t� �Ir�l•i omm•oT Pleas County For Prothonotary Use Only/ /; '.1r�, ' ; .`,r, Docket No: 5% (Y- J(2• a 1 L . 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 rules of court. Commencement of Action: Petition . Declaration of Taking ® Complaint ® Writ of Summons a III Transfer from Another Jurisdiction fi LPlaintiff's Name: eali mh2g-Ly av-eit, O` Lead Defendant's Name: Pe v dd t Dollar Amount Requested: i within arbitration limits Are money damages requested? M Yes E No (check one) fi outside arbitration limits Is this a Class Action Suit? Yes CJ No Is this an MDJAppeal? I Yes Et No Name of Plaintiff/ pellant'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) El Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) El Slander/Libel/ Defamation • Other: MASS TORT O Asbestos El Tobacco • Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY 10 Dental O Legal O Medical El Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other Employment Dispute: Discrimination O Employment Dispute: Other El Other: REAL PROPERTY 0 Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition 0 Quiet Title O Other: CIVIL APPEALS Administrative Agencies • Board of Assessment O and of Elections aDept. of Transportation • Statutory Appeal: Other • Zoning Board • Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory Judgment 19 Mandamus O Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA /2___ '—R�/r-���� i /l ��/�L No.J�� _,�� (Type your name) 1 --rel/79 Vs. Driver's Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION Np NOW, this (enter today's date) �/ �\ , by his/her attorney, and states as foliows: 1. Appellant's PA operator's number or automobile registration number is: 20 \'/ , comes the Appellant, (Type your name) 1 ( 2. PennDOTproposes, bvNotice dated (insert "mai|ino"date here) \~��i're�'` , 20 , to suspend driving privileges automobile registration for a period of (Insert ength of suspension) pursuant to Section of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) , 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 AppeUant's suspension is based was overturned by successfu appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other (Specify reason;) c-) CD --( 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 Iess than 31 days AND | 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 . ^ �� . � td � )�Y��S `u .J V\�.Ce' �����m`�' ` 1 �\ . � _ �«-n���- ene2 ^ L/�K�-�� [� - ' | Vvl[Ask- lAckt, m ' ^-- ( �YV\0 v b�'��"~ ` t n ^" "��sp VHEREFORE,Appe|brtnspectfu|lyrequests this Honorable Court to sustain the appeal from the suspen sion of operating privileges or automobile registration. Respectfully submitted, Sign name her // (�'�K�( L-/X�`{�_�p/</1 ' — � -- ' �� -\ �ypename here) ~ VERIFICATION The undersigned hereby states that the statements made in the attached Appeal ofSuspension or Registration are true and correct to the best of my knowledgeinformation 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: City / State / Zip Code: Telephone Number: Email address: /^__ _ [( �{�����ya__ ] \d�� ~T` 4�_ ��r `-`�/ / \yY��k7��� C�1�<J�_�� - n)-)570- ^\ -\57-_��.�� 1. - °J— ��‘oqc�3_'�� /� @ Vet- �0�`��/ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us KIMBERLY R CASARELLA 1481 TIMBER BROOK DR MECHANICSBURG, PA 17050 Dear Customer: WID* 141609999008224 001 TITLE* 64813027 PROCESSING DATE 140609 TRANSACTION CODE 00060 OFFICIAL NOTICE MAIL DATE: 06/16/14 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: TOYOTA YEAR: 2007 BODY TYPE: SEDAN LICENSE PLATE#: GFK6330 TITLE#: 64813027 VIN#: 2T1BR30E57C855353 This information was requested because GEICO GENERAL INSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 04/20/14. Either no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 07/21/14 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. Do not send cash. You can also pay by credit card online at www.dmv.state.pa.us by selecting "Pay Your Financial Responsibility Restoration Fee". Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date 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 the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street -3rd Floor Harrisburg, PA 17104-2516 .. � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA allo. �53/1 &It'll Z '7 (Print your name) I Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Driver's License/Auto Registration Appeal ORDER SCHEDUUNG HEARING ON APPEAL AND NOW, this /HA day of 20 /i a hearing is scheduled on the appeal of Petitioner for the day of ,2O ��� at Nd g 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. (t shall be Appellant's responsibility to serve a copy of this Appeal, all pttachments, 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. n.LL U the � ' Judge Thomas A. Placey Common Pleas Judge -oa rnco rn —0 cnr— —<+~ rw r�c <e. �=o xm. —« vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYPENNSYLVANIA r� Ceisocre,it9,rv\���� � (Type your name) ' Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. / r-����� v� ^� ^� (11‘,;/ Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE �� The undersigned hereby certi�esthat on �� \'7 \ ,ZO , i caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: \~� : it -f Office of Chief Counsel Vehicle and Traffic Law Division Riue,frontOffice Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-3516 Signature: Type your Name: Address: City / State / Zip Code: Telephone: �� .---_- -'.-_-__-~~ , `_` n_.~�~ (-)n)-7570 -- ` ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** Kimberly Casarella VS Commonwealth of PA Dept. of Transportation Bureau of Driver Licensing In the Court of Common Pleas of Cumberland County, Pennsylvania No.14-5312 PRAECIPE Civil Term I would like to withdraw my request for a hearing. I no longer wish to appeal my registration. I will not be in court that day. 1 do ,„..10A- vIcku.e., a r\ 0.9t- (\of- vu-ckrd ayisk-efmenLtiA C5f,r) nrEcYlwealk.-> 6 P PA C—) David D. Buell, Prothonotary Oi a-Hoff4 KIMBERLY R. CASARELLA, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-5312 CIVIL TERM VEHICLE REGISTRATION 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 day of , 2015, at .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. .r- -C ✓ Kimberly R. Casarella, 1481 Timber Brook Drive, Mechanicsburg, PA 17050 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eors ULZ ra/i0y