Loading...
HomeMy WebLinkAbout14-5656s E C T I 0 N A s E C T I 0 N B Supreme Court>ofPennsylvania Court of CommonTleas Civil Cover Sheet CcA rAloe— \ a \ a `' County For Prothonotary Use Only: Docket No: The information collected on this form Is used solely fbr court administration purposes. This 'Orin does not supplement or replace the filing and service of pleadings or other papers cis required bv law or Titles Of court. Commencement of Action: ❑ Complaint 0 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: chm\ V P Cas,L Lead Defendant's Name: Pe A r b Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits (check one) ❑outside arbitration limits Is this a Class Action Suit? 0 Yes tg( No' Is this an MDJAppeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: ❑ Check here if you have no attorney (are 0 •Self -1 el)3'esented Pro Set 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 O Malicious Prosecution ❑ Motor Vehicle O Nuisance ❑ Premises Liability O Product Liability (does not include 77I4SS tort) ❑ Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES ❑'Toxic Tort - Implant ❑ Toxic Waste 0 Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical 0 Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other 0 Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent O Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment 0 Board of Elections • Dept. of Transportation LI Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration ❑ Declaratory Judgment O Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin ❑ Other: Updated 1/1/2011 Phillip Fassl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. (40 (Type your name) Vs. Driver's License/Auto Registration App.9-1 Commonwealth of Pennsylvania Department of Transportation r - Bureau of Drivers Licensing (17 APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) September 12 i2014, comes the Appellant, (Type your name) Phillip Pass! , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 25266741 2. PennDOT proposes, by Notice dated (insert "mailing" date here) September 5 , 20 14 , to suspend Appellant's one year driving privileges E automobile registration for a period of (Insert length of suspension) pursuant to Section 1543A of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) September 5 , 2014 ****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) P The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. riAppellant did not knowingly or intelligently refuse a chemical test; E. 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). ,171 Other (Specify reason:) Appellant did not knowingly or intelligently know that his license was suspended while operating a vehicle. -7.5 pit .11plod Iat4 3 M0,9 -OR - The suspension ofofAppellant's automobile registration is contrary to Iaw in that: My failure to have insurance was for a period of less than 31 days AND 1 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 reason:) WHEREFORE, Appellant respectfullyrequeststhisHonoreb|eCourttosustaintheappea|fromthesuspension of operating privileges or automobile registration. lly submitted Phillip Fassl (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 knowledgeinformation and beliefThe 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: Phillip Fass Address: 55 Pine St City / State / Zip Code: Carlisle, RA17O13 Telephone Number: 717433-0881 Email address: Pfassl yahoo.com 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 05, 2014 PHILLIP J FASSL 55 PINE STREET CARLISLE PA 17013 Dear MR. FASSL: WID # 142419283596951 001 PROCESSING DATE 08/29/2014 DRIVER LICENSE it 25266741 DATE OF BIRTH 06/16/1980 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 08/28/2014 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 08/14/2014: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 09/05/2014 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession IMMEDIATELY. 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 identification (e.g., birth certificate, valid (J.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 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 142419283596951 license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: 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), camera card(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. If you 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. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil. Division) within 30 days of the mail date, SEPTEMBER 05, 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 142419283596951 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1i-cissl No. / S�3 �P &MA (Print your name) D 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 day of on the appeal of Petitioner for the day of , 20J. a hearing is scheduled tsi2 20/4(at Lid 44m, in Courtroom # 6 of the Cumberland County Courthouse, One Courthouse Square, 4"' 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. M�`` t Ic:c-L. "hL LL--)'ssL e ourt , 1 Tho cif A. riacey Commonleas Judge Judge PHILLIP J. FASSL, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-5656 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 18th day of December, 2014, the appeal filed in the above - captioned matter is: Attest: illip J. Fassl, 55 Pine Street, Carlisle, PA 17013 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Co 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 Zq day of MAA , 2015, at `� °O .m., in Courtrooib Room No. Zof the Cumberland County Courtho-, y r - n rZEi Carlisle, Pennsylvania. BY T ?LAcc y j.