HomeMy WebLinkAbout14-5420S
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Supreme Cou :off' Pennsylvania
Cour of,Commo" leas
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County
For Prothonotary Use Only:
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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
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of Action:
Complaint
Transfer from Another
U
Jurisdiction
Writ of Summons
* Petition
* Declaration of Taking
Le d Plaintiff's Name:
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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)
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3, by his/her attorney, and states as follows:
1. Appellant's)PA operator umber or automobile registration number is:
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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:)
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-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-
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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