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HomeMy WebLinkAbout14-6209s E C T I 0 N s E C T I 0 B Supreme Court of Pennsylvania Court of Common,Pleas Civil ;Cover::Sheet • C t l ivy b e r' '! G +� C/._- County For Prothonotary Use Only: c ' Docket No: 1q- Ooq n The information collected on this form is used solely, for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking 0 Complaint Writ of Summons Transfer from Another Jurisdiction0 Lead Plaintiffs Name: Herb ert Ross Mv,-�q ) H-1 Lead Defendant's Name: , De q rim of Trans orgfion Are money damages requested? 0 Yes Ltd No I ollar Amount Requested: INwithih arbitration limits (check one) ■ outside arbitration limits Is this a Class Action Suit? Yes L. 1s o Is this an MDJAppeal? ■ Yes W No Name of Plaintiff/Appellant's Attorney: /1/0 0 7') e. a Self -Represented jPro Se] Litigant) ® Check here if you have no attorney (are 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) O Intentional O Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT O Asbestos j� Tobacco 0. Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY • Dental ID Legal O Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff 0 Debt Collection: Credit Card O Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY [] Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition ▪ Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies O Board of Assessment 0Deand of Elections pt. of Transportation - Statutory Appeal: Other O Zoning Board • Other: MISCELLANEOUS ▪ Common Law/Statutory Arbitration O Declaratory Judgment Mandamus 01 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 A/a.e.e zINT E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLQANIA �� `` Herbert ROSS M/i 0(-ge No. /'7- (i30/! Cum (Type your name) z c p -t, Vs. Driver's License/Auto Registration Appy p -T-'_ x,437 N — c <C) ..o c 11 c ,.,: Zp N —i. APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION T' 1,4 cn1-�.,. ...c o A D NOW, this (enter today's date) , 20 comes the Appellant, (Type your name) P rile rT Ross 1YLo + c� q n , by his/her attorney, Ain he and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) OCJ" 7 , 20 / 7 , to suspend Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Appellant's ndriving privileges automobile registration for a period of (Insert length of suspension) ig pursuant to Section /5 7 7 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) NO V l ! , 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) LiThe police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. EgAppellant did not knowingly or intelligently refuse a chemical test; I I 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:) 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 Tess 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). Other (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, • ‘16/zig71,72_.-. 2, 271.mn--trA/11,,, (Sign name here) Herber,' Ross M©�^5cirt (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 thepenalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: 1 A n Type Name: H'erI,e r'!.L /dos S /v 6 0 -40 City ("col Address: I (%n l RUX �j c> i^ g City/State/ Zip Code: /Vewb0rPA 2 17 2,..1/ Telephone Number: 7 / 7 "' T 7 -18.33 Email address: @ 1,"92172, - 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 07, 2014 HERBERT ROSS MORGAN 440 SHIPPENSBURG ROAD NEWVILLE PA 17241 Dear MR. MORGAN: WID # 142736032153501 001 PROCESSING DATE 09/30/2014 DRIVER LICENSE # 22193461 DATE OF BIRTH 02/18/1969 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/19/2014: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/11/2014 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 11/11/2014. You may surrender these items before, 11/11/2014, 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 identification (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 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 license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: 142736032153501 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), 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. 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 requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 142736032153501 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 07, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/11/2014. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA � t^ e C3 S5 d A!` n No. /y ' 6doq C our name (Print v ) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL ' / AND NOW, this a� day of , 20�7, a hearing is scheduled on the appeal of Petitioner for the ,?0 day of _,20/ at / :S0(!1M in Courtroom #—�( of the Cumberland County Courthouse, One Courthouse Square, 4`h 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,3`d 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. By the Court, Judge._ , T- c t� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ro0 A46 (Type your name) No. IV -62O6-7 Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on /14) j/, , 20 1c/ , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: /"(l! r: , 20 j Signature: Type your Name: X00/ Rox bo;�,y /' Address: racy. P4 • 7 2 90 ryz Telephone: % I 7"/ (7 -tea City / State / Zip Code: ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** SIIPPENSBURG POST OFFICE MMO-H SHIPPENSBURG, Pennsylvania 172579998 4134870257 -0098 1/10/2014 (717)532-2314 02:53:28 PM ammals Ski Sales Receipt Sale Unit Final Qty Price Price 'roduct lescription IARRISBURG PA 17123 Zone -1 irst-Class Mail Letter 1.50 oz. Expected Delivery: Wed 11/12/14 Return Rcpt (Green Card) ®lIl Certified USPS Certified Mail #: 70133020000138328678 Issue Postage: :Forever) 2 $0.49 Sealed with _ove PSA 'Forever) 1 $0.49 iealed with ove PSA $0.70 $2.70 $3.30 $6.70 $0.98 $0.49 otal: $8.17 aid by: ash $8.17 For tracking or inquiries go to PS.com or call 1-800-222-1811. %der stamps at usps.com/shop or call 800-Stamp24.'Go to usps.com/clicknship print shipping labels with postage. For her information call 1 -800 -ASK -USPS. 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Article Addressed to: C.. 0 r► ;~% Q we ° Pert rsy%vunlig DerErllwt 3vv- eu v of Driver -1 icehsnG Ha r i- i s:6 0-,5 PA 171, 3 11-A n %'COMPLETE THIS SECTION ON DEL'0/ D. Is delivery address different f . "d m 1 If YES, enter delivery address below: 0 No ❑ Agent ❑ Addressr. ate of Deliver Serv'ce Type !!'Certified Mail° 0 Priority Mail Express' ❑ Registered 0 Return Receipt for Merchandis ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, July 2013 7 3020"0001.3832 8678 Domestic Return Receipt