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HomeMy WebLinkAbout14-5420S E is I 0 N A s E C T I 0 N B Supreme Cou :off' Pennsylvania Cour of,Commo" leas ><love beet County For Prothonotary Use Only: sj 4t/) Docket No: L ,. ) i. 54O C� 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 D $ of Action: Complaint Transfer from Another U Jurisdiction Writ of Summons * Petition * Declaration of Taking Le d Plaintiff's Name: gs\erg IAo00 ad Defendant's Name: ( •ornr,\o(\WUNI n o f} Are money damages requested? iia Yes - No Dollar Amount Requested: (check one) within arbitration limits outside arbitration limits Is this a Class Action Suit? NI Yes 1 No Is this an MDJAppeal? ❑ Yes i;A No Name of Plaintiff/Appellant's Attorney: !J 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) • Intentional 0 Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) El Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant L_. Toxic Waste O Other: PROFESSIONAL LIABLITY • Dental • Legal Medical El Other Professional: J' CONTRACT (do not include Judgments) 0 Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other .0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY Ejectment El Eminent Domain/Condemnation O Ground Rent Cl Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment oard of Elections Dept. of Transportation Statutory Appeal: Other O Zoning Board p Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory Judgment Mandamus Non -Domestic Relations Restraining Order 0 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 + � 3 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AtSCA Ann't W000k No. )g',c71/O (Type your name)▪ (..- ;) Vs. Driver's License/Auto Registration AppeaV s c=` Commonwealth of Pennsylvania - `a' CD Department of Transportation (•- Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION A D NOW, this ( nter toda 's date) /0 I L\ , comes the Appellant, (Type your name) tSSi C&,I'l'l{ RR 3, by his/her attorney, and states as follows: 1. Appellant's)PA operator umber or automobile registration number is: g 1 Ate - 2. PennDOT proposes, by Notice dated (insert "mailing" date here) , 20 , to suspend Appellant's driving privileges automobile registration for a period of (Insert length of suspension) pursuant to Section ' \ f .p ((c\ \ of the Vehicle Code, which 111 1011 3 mtri-'hs suspension is to be effective (Insert suspension effective date) ****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:) App \5/11-4 110,5 het at Ci9nko .c (.4 rot n k ErLt Pt -A -t) \acurovyte, CA -1-010 y tr,q, iArLtkt,a),-f ink( pi,t1 a,yx,k1 r-t,Lk;i JUL. b r10 %1-,te-neut4ca4 ouu iAli0„rv4 c ct Ct$\. (l,seyvdtw9 A'1/4kA' Atav 1\1\v4v6, W/Vul 01\rvAA-i 1k) °v) 11"A""h4 \rvoiv\.s,VANoA l'T/4AAMAM,t ?b �S \k\o u uJt+aC okcnns tar \ 0,61a0A4 N'VkikS 110 GAN )6\1‘ HS hA. Y�'A✓��Wk.t n.Yvan �l�n1� A:MArivakCO( ALkA) tkimt %.LW `\ vuxO/Lt"- \\)\I\o3 �ru \\WAX efrA4)-. aRkd lonMkOkiviA, Y\N}v ,\;iblytiv\k \wAry 4PMA,U. 004 Wu -A, wraot \(.),L °Way' wCm OD6w Dlyki„o 61Aw BI, ov4 'oewwi dumd-i NA* Mia, 1 hsuY cwt,, omitAti Mt\ -x) \44 \1)0\ ULL, \f,,c-tgkivu. L\ANPA vYwAA)100tit4 \J\iur t , w lu e,A, :s okivolk A. 10414,:& Ck,4 m Ci4V kti LbA) Ok, v:vitcAN \)L(_ � loymoktlim-otms cijc'wN mk\ok)(Nuss 7-rbALbt DV(Dup&p,, 1,,,„Jud tA4L0(ruus ��c ;� fh'�✓i�a✓ Mu_ c\-6 ),3k, cm,(„4,„ �, Gln Z A m 4.,t, pN+� Vtio'svc t11 � Or\A:IA�*^�, 1/311/1644till \4- 4P1ALi mdta Scss,� W,)4 (1 ,k(,) V (.� nSYw,(. oWt -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). ElOther (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, �i1n.f ,fit (Sign name her 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: City / State / Zip Code: Telephone Number: Email address: Pek0 ri LOY 0,9cil COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 13, 2014 JESSICA A WOOD 20 EAST ST APT 11 MT HOLLY SPGS PA 17065 Dear Motorist: WID t 142189283249387 001 PROCESSING DATE 08/06/2014 DRIVER LICENSE * 25719339 DATE OF BIRTH 09/14/1976 Your driving privilege is scheduled to be suspended on 09/17/2014, because you failed to produce proof of financial responsibility on 07/16/2014, the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 09/17/2014 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the enclosed application for restoration fee information. 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your privilege has been reinstated. If you do not comply with this notice, this Bureau will refer this matter to the Pennsylvania State Police for prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 09/17/2014 12:01 A.M. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or 142189283249387 temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, YOU are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. 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 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 1101 South Front Street Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 142189283249387 SEND FEE/LICENSE/DL-16LC/TO: 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 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, I'A 17106-8674 www.dmv.state.pa.us JESSICA A WOOD 20 EAST ST APT 11 MT HOLLY SPGS, PA 17065 Dear Customer: WID# 142189999000085 001 TITLE# 53561948 PROCESSING DATE 140805 TRANSACTION CODE 00340 OFFICIAL NOTICE MAIL DATE: 08/12/14 The Department was recently notified that a traffic offense occurred on 07/16/14 involving the following vehicle: MAKE: PONTIAC LICENSE PLATE#: FBF0337 TITLE#: 53561948 VIN#: IGMDX03E0XD263916 At the time the offense occurred, you were unable to provide proof of financial responsibility (insurance). As a result, the registration for the vehicle listed above will be suspended for three months effective 09/16/14 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 withinthirty(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: YEAR: 1999 BODY TYPE: STATION WAGON Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street -3rd Floor Harrisburg, PA 17104-2516 If you believe your insurance coverage was terminated in error or you did not receive proper notice of your insurance termination, you should file a complaint with the Pennsylvania Insurance Department, Bureau of Consumer Services. Complaints can be filed via the website at www.insurance.pa.gov or mailed to the Pennsylvania Insurance Department, Bureau of Consumer Services 1209 Strawberry Square, Harrisburg, PA 17120. Please include your insurance company name and policy number with your complaint. By Order of /,, 1LLGv{zc.... Director Bureau of Motor Vehicles Department of Transportation Information (8:00 Pennsylvania Out of State TDD Pennsylvania TDD Out of State AM to 5:00 PM) 800-932-4600 717-412-5300 800-228-0676 717-412-5380 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cek 41111 (Print your name) et No. V5Z7 &1 Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing AND NOW, this ORDER SCHEDULING HEARING ON APPEAL hearing is scheduled on the appeal of Petitioner for the II 9044\-- day o in Courtroom # at q :3 0 Aim 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. corl'ec p2411cel_ J c.c.s PEAAktril- 9//spy By the Court, omas A. Plackey Judge Common Pleas Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t Cck rk\CL 1A() No04 o57-kow (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE The undersigned hereby certifies that on 0./MAYAO —0 , I caused be - mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: 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: , 1noo \AGI ** This form must be completely filled out and filed in the Prothonotary's office " promptly after mailing the documents to PennDOT ** JESSICA A. WOODS, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-5420 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DRIVER LICENSE AND BUREAU OF DRIVER LICENSING, VEHICLE REGISTRATION Respondent SUSPENSION APPEAL ORDER AND NOW, this 18th day of December, 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 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 a ` day of , 2015, at ' 3Q in Courtroom Room No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BYTH: COURT: 11140,, ,,._ Attest: A. Parfil Jessica A. Wood, 20 East Street, Apt. 11, Mt. Holly Springs, PA 17065 ✓ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ecipiEs/.2.-/MAY 111