The URL can be used to link to this page

Home My WebLink About14-5590E T 0 N A E T 0 N Supreme Cqurt,OfPennsylvania Courffif•_Comma' Pleas Civil Cover Sheet - • County For Prothonotary Use Only: Petition Declaration ofTaking Docket No: . 0 Theinformation collected on this form is used solely Pr cowl administration purposes. This form does not supplement or replace the filing and service of leadin s or other papers as required bv law or rules o 'court. Commencement of Action: Petition Declaration ofTaking • Complaint Writ of Summons 0 0 Transfer from Another Jurisdiction - 0 Lead Plaintiffs Name: (O/74-. c, QA • / bill: o-TizAtU5, kismik_ o(--LiceitisA I• Lead Defendant's Name: .1. 1-1,14. CARP6-e.- , Are money damages requested? 0 Yes 0 No Dollar Amount Requested: 0 within arbitration limits (check one) 0 outside arbitration limits Is this a Class Action Suit? 0 Yes 0 No Is this an MDJ Appeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: Check here if you have no attorney (are a Self -Represented (Pro Sel 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, chdck the one that you consider most important, TORT (do not include Mass Tort) 11 Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include Mass tort) O Slander/Libel/ Defamation O Other: MASS TORT 0 Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical 0 Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card El Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY O Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute o Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial 0 Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections Dept. of Transportation Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration o Declaratory Judgment O Mandamus 0 Non -Domestic Relations Restraining Order El Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 OM& ,LITLILAKIS John A. About, Esquire Attorney LD. No.: 77961 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVERS' LICENSING, APPELLEE v. !LaJ OF- IC: Lir THE PRO ! HONO if5iil 2014 SEP 22 iifH.RR: 2.5 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 55-17o n)(L : Driver License No.: 27705599 LUCAS CAMPBELL, APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this oVn� day of September, 2014, the Appellant, Lucas Campbell, by and through his attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Lucas Campbell, is an adult individual who currently resides at 37 E. Oakwood Drive, Carlisle, Pennsylvania 17015. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated § 1547 of the Vehicle Code on or about August 9, 2014. 4. Appellant denies that he violated § 1547 of the Vehicle Code. 5. By letter dated August 28, 2014, Appellee notified Appellant that his driving privilege would be suspended for a period of one (1) year effective October 2, 2014. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". $'f/r �.9d iffy 043,3s--/ 6. Appellant denies that the Appellee is authorized to suspend his driving privileges. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, DATE ABOM&K John A. Ab Attorney 2 West squire pelhnt Street Carlisle, PA 17013 (717) 249-0900 ID No. 77961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 28, 2014 LUCAS WILLIAM CAMPBELL 37 E OAKWOOD DR CARLISLE PA 17015 Dear MR. CAMPBELL: WID 1 142336032141930 001 PROCESSING DATE 08/21/2014 DRIVER LICENSE 1 27705599 DATE OF BIRTH 10/19/1986 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 08/09/2014: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/02/2014 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 10/02/2014. You may surrender these items before, 10/02/2014, 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 $27.50. You must present two (2) forms of proper iden- tification (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 nota- rized 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: Pennsylvania Department of Transportation EXHIBIT 142336032141930 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 con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, 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 reAOtement a'ckpqwledgeyetir suspension/revocation. If you have not acknowledged your suspension/revocation, Please follow the instructions listed under "Complying with this Suspension/Revocation". 142336032141930 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 28, 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 1.101 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 10/02/2014. 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 CERTIFICATE OF SERVICE I, Emily J. Fihberti, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTULAKIs, LLP DATE 9/a3-/)4 , 141 Emily iliberti COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE (1 53/6) v. : Driver License No.: 27705599 LUCAS CAMPBELL, APPELLANT AND NOW, this day of ‘S) ORDER 2014, upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the day16-711of 2014, at q 0 Am/211, in Courtroom # , of the Cumberland County Courthouse. FURTHERMORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. §1550(b) pending said hearing. BY THE COURT t4rin A. Abom, Esquire 2 West High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 TicTiti. Placey Common Pleas Judge LUCAS W. CAMPBELL, Petitioner v COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT . OF TRANSPORTATION, BUREAU : OF DRIVER LICENSING, Respondent• . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW 14-5590 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL IN RE: APPEAL OF DRIVER LICENSE SUSPENSION ORDER OF COURT AND NOW, this 18th day of December, 2014, following the conclusion of testimony and argument by counsel, upon the Defendant's request, they are given 3 weeks from today to file any written memoranda in support of their position. Thereafter, the Commonwealth will be given a week to file any response it deems appropriate. By the Court, Philip M. Bricknell, Esquire PennDOT River Office Center Office of Chief Counsel 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 John A. Abom, Esquire 2 West High Street Carlisle, PA 17013 :mae 1 17 S f -t C£c1) !1