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Home My WebLink About14-6483 Supreme Court ofTennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CIA sL.\G,r c� County ''6 The in%urination collected on this f)rm is used solelv.for court aclnninistration purposes. This form does not supplement or replace the filing and service of pleadings or other papers cis required by latiw or rules of court. Commencement of Action: S El Complaint El Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: } \ T I Are money damages requested? ❑Yes �NO Dollar Amount Requested: r_1 within arbitration imits q (check one) []outside arbitration limits O N Is this a Class Action Scut? ❑Yes A No Is this an MDJAppeal? ❑ YesNo A Name of Plaintiff/Appellant's Attorney:�� \ ❑ karv, -a see, Rti_,p?e-ented Wro 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, check the one that you consider most important. TORT(do not include hfass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance Dept.of Transportation F-1PremisesLiability ❑ tatutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) El Slander/Libel/Defamation Discrimination C El Other: E] Employment Dispute:Other ❑ Zoning Board ❑ Other: I ❑ Other: o MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste F1 Other: El Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYg Quo Warranto ❑ Mortgage Foreclosure: Commercial ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 * lNTHE COURT OFCOMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA James W. VVolf, Jr. � No. 6110-4 (Type your name) a �� ' rn C5 Vs. ; Driver's License/Auto Registration AppeaPc-' -o�, ' �j CD ' Commonwealth ofPennsylvania ' cz �� --,, o_, Department ofTransportation C/ BureauofDriversUcenoing � --c� co ADRIVER'S �pE�k��FLUCENSE/A0T0REG|ST0AT|ON SUSPENSION —' AND NOW,this (enter today's date) November 5 2014 comes the Appellant, (Type your name) James W. Wolf,Jr. byhis/her attorney, John M. Kerr, Esquire and states axfollows: 1. Appellant's PAoperator's number orautomobile registration number is: 22052665 Z. PennDOTproposes, byNotice dated (insert"mai|inu" date here) October 21 2014to suspend �� Fl Appe||ant's h� |drivin8privi|eQes | | automobi|ereBixtration for aperiod of(insert length ofsuspension) one year pursuant toSection 1547 of the Vehicle Code,which suspension istobeeffective (Insert suspension effective date) November 25 2014 . ****Acopy mfthe Notice sent bypennQOTiyattached tothis Appea|**** 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. Appe||antdid not knowingly orintelligently refuse achemical teut' h�1 ' F—� , | | The conviction onwhich AppeUan[ssuspension isbased was overturned bysuccessful appeal,QRiscurrently under appeal. (Attach acopy ofthe court docket this Appea|). F-1 | Other(Specify neason:) -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). 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, P__�/ b�l ZL��_ (Sign name here) James W. Wolf,Jr. (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: / v Type Name: James W. Wol ,Jr. Address: 25 Farmhouse Lane City/State/Zip Code: Carlisle, Pa 17013 Telephone Number: 717-571-9446 Email address: @ 2 a ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 21 , 2014 JAMES W WOLF JR WID # 142876075153063 001 25 FARMHOUSE LN PROCESSING DATE 10/14/2014 DRIVER LICENSE 22052665 3, CARLISLE PA 17013 DATE OF BIRTH 03/29/1970 1: 1 I Dear MR. WOLF : This is an official Notice of the Suspension of Your Driving Privilege as authorized by Section 1547BII of the Pennsylvania Vehicle Code. As a result of Your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/05/2014: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11/25/2014 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 11/25/2014 . You may surrender these items before, 11/25/2014 , 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 527.50 . 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 r ' 1' f 142876075153063 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. PennIAT 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 the applicable restoration fee, payment can be made at anytime online @ www.dmv.state .Pa .us or mailed to the ad- dress listed below. Please include your driver number on your check , money order or correspondence . Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 The Restoration Fee is based on the Consumer Price Index and subject to change . For the __current- -restoration fee amount due, please visit PennDOT's website at www.dmv.state.pa .us to obtain a copy of your restoration requirements letter . If you do not have internet access , please call PennDOT's Customer Care Center at 1-800-932-4600 to request a copy of your restoration requirements letter . 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" . I 142876075153063 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 21 , 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 must return all current Pennsylvania driver license products to PennDOT by 11/25/2014. Sincerely, &110114�6_ _Iew� Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8: 00 a .m. to 5:00 p .m . IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv .state.pa .us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James W. Wolf, Jr. (Print your name) No. \ \A Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, thisdits.g4 day of1412t&A4__, 20L.a hearing is scheduled on the appeal of Petitioner for the (24 IA day of dTh-e1)..4a4A-C1 , 20/5 at 361 f2M in Courtroom # 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, 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. Le} By the Court, 4 Judge • C.) - cczz rrl rTi c- Z' 74; *"‹ 7.7 John M. Kerr, Esquire John M. Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com JAMES W. WOLF, JR. : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-6483 COMMONWEALTH OF : CIVIL ACTION -LAW PENNSYLVANIA DEPT. OF TRANSPORTATION : BUREAU OF DRIVERS LICENSING Defendant AFFIDAVIT OF SERVICE I, John M. Kerr, Esquire, hereby verify that I served the Office of Chief Counsel, Pennsylvania Department of Transportation. with a true and correct copy of the Notice of Appeal by United States Postal Service, first class mail, postage prepaid, certified, on the 13th day of November 2014. The return receipt signed by Plaintiffs agent, is attached hereto. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. November 19, 2014 Respectfully submitted, JOHN M. KERR LAW, P.C. /VI M. Kerr co co Postage Certified F Return Receipt Fee (Endorsement Required) 1:3 C:1 rn r.R U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage Provided) For detive on visit our webslte HARzisByffir. ve 5 A Restricted Delivery Fee (Endorsement Required) Total Postage & Fees www.usps.com 11/13/2014 PS Form 3800, August 2006 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. It Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: V. -7D \ OK\ LA--) C b \N. --t-N:c 1 -LA c) 0 c c As-\(-3Lr-v-v\zo\LS1-1\ GcC)c--"\ \ 0LA — See Reverse for instructions COMPLETE THIS SECTION ON DELIVERY 0 Agent O Addre B. Received by ( Printed Name) D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No Service Type Certified Mail 0 glstered 0 Insured Mall 0 Express Mail o Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from senrIce labe0 7013 0600 0000 0848 8916 0 Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540