The URL can be used to link to this page

Home My WebLink About14-6336S E C T I 0 N A S E c T I 0 N Supreme CourtofPennsylvania Court"of Common Pleas Civil C (over Sheet (it VIA IBJX1(12 County For Prothonotary Use Only: Petition Declaration of Taking Docket No: /I/ — 613.6 (-Li' /Z The information collected 011 this form is used solelv,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 ofcourt. Commencement of Action: Petition Declaration of Taking ❑ Complaint ❑ Writ of Summons • ❑ Transfer from Another Jurisdiction ❑ Lead Plaintiffs Name: Allison doss bo‘ -e._ Lead Defendant's Name: C,otwor\weaa I- 6- %vsl I pni Dollar Amount Requested: ❑within arbitration limits Are money damages requested? • Yes g No (check one) i outside arbitration limits Is this a Class Action Suit? 1 Yes f ' No Is this an MDJAppeal? • Yes No Name of Plaintiff/Appellant's Attorney: M I &h..3 e_ 1 A • S c t' l e-ir'e ❑ Check here if von have no attorney (are a Self -Represented (Pro :gel 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 riot include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT O Asbestos ❑ Tobacco 0 Toxic Tort - DES ❑ Toxic Tort - Implant 0 Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal ❑ Medical O Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff ❑ Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination O Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment O Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition O Quiet Title • Other: CIVIL APPEALS Administrative Agencies O Board of Assessment ❑ Board of Elections Dept. of Transportation IL Statutory Appeal: Other O Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration Declaratory Judgment Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin ❑ Other: Updated 1/1/2011 ALLISON ROSS BOLE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, Respondent 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. %y_ 633 CL, 7 (-) LICENSE SUSPENSION APPEAL, u3 err, cnr- r- <o > p PETITION FOR LICENSE SUSPENSION APPEAL The petitioner is Allison Ross Bole (hereinafter "petitioner") who is an adult individual who resides at 5 (than Woods Lane, Villanova, Delaware County, Pennsylvania 19085. 2. The respondent is the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "PennDOT"), with a principal place of business located at Third Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 3. The petitioner was mailed notices of license suspensions from PennDOT dated October 10, 2014, with effective suspension dates of May 14, 2015, November 14, 2014 and May 14, 2015 respectively. Copies of the notices of license suspensions are attached hereto as "Exhibit A." 4. The proposed license suspensions arise from three (3) citations petitioner received for a driving incident on September 27, 2014. 5. Petitioner has filed appeals to the summary citations which gave rise to the suspensions. The appeal is docketed to Cumberland County, CP -21 -SA -219-2014. • rifPd /9fy C#a/63 �,�3/ 2P6 3 6. The proposed suspension is illegal in that the Petitioner's convictions are not final. 7. Please schedule the hearing in this matter after March 1, 2015 to allow time for the summary appeal to be resolved. WHEREFORE, petitioner requests that this Honorable Court uphold the petitioner's appeal and dismiss and rescind the proposed suspension. Respectfully submitted, BARIC SCHERER LLC M ae A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, verify that the statements made in the Petition For License Suspension Appeal are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: October 29, 2014 A. " cherer, Esquire COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 15, 2014 ALLISON ROSS BOLE 5 ITHAN WOODS LN VILLANOVA PA 19085 Dear MS. BOLE: 40, WID it 14281660030047 001 PROCESSING DATE 10/08/2014 DRIVER LICENSE # 29937143 DATE OF BIRTH 02/04/1992 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 10/02/2014 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 09/27/2014: Your driving privilege is SUSPENDED for a period of 25 DAY(S) effective 05/14/2015 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 25 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. 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 an or before 11/14/2014. You may surrender these items before, 11/14/2014, 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 t27.50. 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. "EXHIBIT A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 10, 2014 ALLISON ROSS BOLE 5 ITHAN WOODS LN VILLANOVA PA 19085 Dear MS. BOLE: WID * 142769283138930 001 PROCESSING DATE 10/03/2014 DRIVER LICENSE * 29937143 DATE OF BIRTH 02/04/1992 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532E of the Pennsylvania Vehicle Code. As a result of your 10/02/2014 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 09/27/2014: Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 11/14/2014 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. 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 11/14/2014. You may surrender these items before, 11/14/2014, 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. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 10, 2014 ALLISON ROSS BOLE 5 ITHAN WOODS LN VILLANOVA PA 19085 Dear MS. BOLE: WID * 142769283139014 001 PROCESSING DATE 10/03/2014 DRIVER LICENSE t 29937143 DATE OF BIRTH 02/04/1992 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 10/02/2014 conviction of violating Section 3714A of the Vehicle Code, CARELESS DRIV- ING, on 09/27/2014: ■ Your driving privilege is SUSPENDED for a period of 15 DAY(S) effective 05/14/2015 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each paint that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 15 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. 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 11/14/2014. You may surrender these items before, 11/14/2014, 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. 142769283139014 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 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. 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 10, 2014, of this letter. If you file an ap- peal 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 certi- fied 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 Ponncylvania driver license products CERTIFICATE OF SERVICE I hereby certify that on October 30, 2014, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition For License Suspension Appeal, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew Haeckler, Esquire Office Of Chief Counsel PA Department of Transportation Riverfront Office Center Legal -Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104 ALLISON ROSS BOLE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /L/ 63,3,4 (1/v�` /F/ �I LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of , 2014, upon consideration of the within Petition for License Suspension Appeal, a hearing is set on the Petition for 7) • , the aQ fl day of .44. , 2013 -at 9;30 a.m.lp...na, in Courtroom No. q of the Cumberland County Courthouse, Carlisle, Pennsylvania. The within appeal shall act as a supersedeas for the license suspensions. Notice of the hearing in this matter shall be sent to the Department of Transportation via certified mail at least ten days prior to the hearing in this matter. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Matthew Haeckler, Esquire Office Of Chief Counsel PA Department of Transportation Riverfront Office Center Legal -Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104 �, CO,1s' 111-41 ii,c0 y BY THE COURT, J. _Ned _,,,6"c -e brr Lik 'P,LAyib.747 doig NoAge/4/ fin ilfy ka,ktAit