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HomeMy WebLinkAbout14-6611E 0 'tN A S T 0 Supreme Co Cou ennsylvania County For Prothonotary Use Only: 1, .2M S1 - Docket No: /I/ e6// &,i The information collected on this form is used solely for court administration purposes. This form does not lace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint 0 Writ of Summons Petition Declaration of Taking 0 Transfer from Another Jurisdiction •; Lead Plaintiffs Name: 5¢at., /vlac.4.r2f ca,,o6e/) Lead Defendant's Name: t=ES' wt eee p4 r �e071 dT Ira H5 Pd 1-(0 Are money damages requested? © Yes til No Dollar Amount Requested: ®within arbitration limits (check one) • outside arbitration limits Isthis an MDJAppeal? © Yes �'� No Is this a Class Action Suit? © Yes NoA 4 Name of Plaintiff/Appellant's Attorney: /Tier F• _/ re )Sr 1 7. 0 Check here if you have no attorney (are a Self -Represented [Pro Se] 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 © Nuisance • Premises Liability O Product Liability (does not include mass tort) ® Slander/Libel/ Defamation O Other: CONTRACT (do not include Judgments) ® Buyer Plaintiff ® Debt Collection: Credit Card Debt Collection: Other ® Employment Dispute: Discrimination © Employment Dispute: Other CIVIL APPEALS Administrative Agencies ® Board of Assessment O Board of Elections 70 Dept. of Transportation Statutory Appeal: Other © Zoning Board ® Other: MASS TORT © Asbestos O Tobacco O Toxic Tort - DES ® Toxic Tort - Implant © Toxic Waste ▪ Other: PROFESSIONAL LIABLITY O Dental O Legal ▪ Medical © Other Professional: O Other: REAL PROPERTY © Ejectment © Eminent Domain/Condemnation © Ground Rent Landlord/Tenant Dispute O Mortgage Foreclosure: Residential © Mortgage Foreclosure: Commercial Q Partition O Quiet Title ® Other: MISCELLANEOUS (� Common Law/Statutory Arbitration [� Declaratory Judgment O Mandamus 00 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 SEAN MICHAEL CAMPBELL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs . No: (/ — %6/f C��G � 7 ((/ COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF TRANSPORTATION . BUREAU OF MOTOR VEHICLES APPEAL FROM THE SUSPENSION OF MOTOR VEHICLE REGISTRATLON TO THE HONORABLE JUDGES OF CUMBERLAND COUNTY: e/M AND NOW, comes Petitioner, Sean Michael Campbell, by his counsel, Taylor P. Andrews, Esq. and respectfully avers as follows: 1. Petitioner resides at and has a mailing address of 13 South 19th Street, Apt B, Camp Hill, PA 17011. 2. Petitioner's Pennsylvania owns a 2008 Suzuki Sedan, License No: GJDO718, Title No: 66893716, VIN No: KL5JD56Z18K788272. 3. PennDOT proposes by Notice dated October 21, 2014 to suspend the registration for the above referenced vehicle for a period 3 months, pursuant to Section 1786(d) of the Vehicle Code, effective November 25, 2014. .A copy of said Notice is attached hereto as Petitioner's Exhibit A. 4. The suspension of Petitioner's vehicle registration is unlawful for the following reason: The suspension was prompted by a guilty plea that was subsequently vacated and changed to a not guilty plea. The guilt of the Petitioner with regard to the underlying charges has not yet been finally determined. WHEREFORE, Petitioner respectfully requests that this Honorable Court allow him to take an appeal from the suspension of his operating privileges. Respectfull ubmitted, *Itc, spd /39b #• 3(3/07 Ta for ' . Andrews, Esquire A ii • ey for Petitioner 78 West Pomfret Street Carlisle, PA 17013 717-243-0123 Supreme Court ID # 15641 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A § 4904, relating to unsworn falsification to authorities. Date Sean Michael Campbell, Petitioner Address: 13 South 19th Street, Apt B City/State/Zip: Camp Hill, PA 17011 Phone: 717-254-0204 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us SEAN M CAMPBELL 13 S 19TH ST APT B CAMP HILL, PA 17011 WID* 142889999000093 001 TITLE* 66893716 PROCESSING DATE 141014 TRANSACTION CODE 00340 OFFICIAL NOTICE MAIL DATE: 10/21/14 Dear Customer: The Department was recently notified that a traffic offense occurred on 10/01/14 involving the following vehicle: MAKE: SUZUKI LICENSE PLATE#: GJDO718 TITLE#: 66893716 VIN#: KL5JD56Z18K788272 At the time the offense occurred, you were unable to provide proof of fmancial responsibility (insurance). As a result, the registration for the vehicle listed above will be suspended for three months effective 11/25/14 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. Do not send cash. You can also pay by credit card online at www.dmv.state.pa.us by selecting "Pay Your Financial Responsibility Restoration Fee". Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within • thirty(30) days of the mail date 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 the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: YEAR: 2008 BODY TYPE: SEDAN Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street -3rd Floor Harrisburg, PA 17104-2516 If you believe your insurance coverage was terminated in error or you did not receive proper notice of your insurance termination, you should file a complaint with the Pennsylvania Insurance Department, Bureau of Consumer Services. Complaints can be filed via the website at www.insurance.pa.gov or mailed to the Pennsylvania Insurance Department, Bureau of Consumer Services 1209 Strawberry Square, Harrisburg, PA 17120. Please include your insurance company name and policy number with your complaint. By Order of Director Bureau of Motor Vehicles Department of Transportation Information (8:00 Pennsylvania Out of State TDD Pennsylvania TDD Out of State AM to 5:00 PM) 800-932-4600 717-412-5300 800-228-0676 717-412-5380 00-000 66893716 PAY THIS AMOUNT $50.00 ---- BY CHECK OR MONEY ORDER ---- PAYABLE TO PA DEPT OF TRANSPORTATION DO NOT SEND CASH 668937160034050.00 SEAN M CAMPBELL 13 S 19TH ST APT B CAMP HILL, PA 17011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Taylor Putney Andrews, Esq. Andrews & Johnson 78 W Pomfret St Carlisle, PA 17013 Summary Trial Notice Commonwealth of Pennsylvania v. Sean M Campbell Docket No: MJ -09202 -TR -0002450-2014 Case Filed: 10/1/2014 Comp/Cit #: T 2431194-3 Charge(s) 75 § 4703 §§ A (Lead) OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF INSPECTION A Summary Trial has been scheduled for the above captioned case to be held on/at: Date: Thursday, January 8, 2015 Time: 9:00 AM Place: Magisterial District Court 09-2-02, Carlisle 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 717-240-6564 This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $102.50 has been accepted as collateral for your appearance at trial. You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your responsibility to notify your attorney and/or witnesses of this trial date/time. Failure to appear for your trial shall constitute consent to trial in your absence and if you are found guilty, the collateral deposited shall be forfeited and applied toward the fines and costs. You shall have the right to appeal within 30 days for a trial de novo. If you have any questions, please call the above office immediately. Should you fail to appear for your summary trial, a warrant may be issued for your arrest. November 07, 2014 ez Date Magisterial District Judge Jessica Brewbaker If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. You can make case payments online through Pennsylvania's Unified Judicial System web portal. Visit the portal at http://ujsportal.pacourts.us to make a payment. MDJS 308 1 Printed: 11/07/2014 3:04:16PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Business CentraBuilding Carlisle, PA 17013 Telephone: 717-240'6564 Taylor Putney Andrews; Esq. Andrews & Johnson 78 W Pomfret St Codis|e, PA 17013 Summary Trial Notice Commonwealth of Pennsylvania V. Sean M Campbell Docket No: 1'2014 Case Filed: 10;/2014 Comp/Cit #: T 2431195-4 Charge(s) 75 § 4706 §§ C5 (Lead) PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION PROGRAM A Summary Trial has been scheduled for the above captioned case to be held on/at: Date: Thursday, January 8, 2015 Time: 9:00 AM Place: Magisterial District Court 09-2-02Carlisle 18 North HanoveStreet, Suite 1OO Business Central Building Carlisle, PA 17013 717-240-6564 This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $00.00 has been accepted as coilateral for your appearance at trial. You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your responsibility to notify your attorney andlor witnesses of this trial date/time. Failure to appear for your trial shall constitute consent to trial in your absence and if you are found guilty, the collateral deposited shall be forfeited and applied toward the fines and costs. You shall have the right to appeal within 30 days for a triaT de novo. If you have any questions, please caII the above office immediately. Should you fail to appear for your summary trial, a warrant may be issued for your arrest. cet. 4-` November 07, 2014 Date Magisterial District Judge Jessica Brewbake If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. You can make case payments online through Pennsylvania's Unified Judkial System web portal. Visit the portal at http://ujsportal.pacourts.US to make a payment. MDJS 308 Printed: 11/07/2014 3:0415PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Taylor Putney Andrews, Esq. Andrews & Johnson 78 W Pomfret St Carlisle, PA 17013 Summary Trial Notice Commonwealth of Pennsylvania v. Sean M Campbell Docket No: MJ -09202 -TR -0002452-2014 Case Filed: 10/1/2014 Comp/Cit #: T 2431196-5 Charge(s) 75 § 1786 §§ F (Lead) REQUIRED FINANCIAL RESPONSIBILITY A Summary Trial has been scheduled for the above captioned case to be held on/at: Date: Thursday, January 8, 2015 Time: 9:00 AM Place: Magisterial District Court 09-2-02, Carlisle 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 717-240-6564 This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $365.00 has been accepted as collateral for your appearance at trial. You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your responsibility to notify your attorney and/or witnesses of this trial date/time. Failure to appear for your trial shall constitute consent to trial in your absence and if you are found guilty, the collateral deposited shall be forfeited and applied toward the fines and costs. You shall have the right to appeal within 30 days for a trial de novo. If you have any questions, please call the above office immediately. Should you fail to appear for your summary trial, a warrant may be issued for your arrest. November 07, 2014 Date Magisterial District Judge Jessica Brewbaker If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. You can make case payments online through Pennsylvania's Unified Judicial System web portal. Visit the portal at httpJ/ujsportal.pacourts.us to make a payment. MDJS 308 1 Printed: 11/07/2014 3:04:16PM SEAN MICHAEL CAMPBELL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF TRANSPORTATION : BUREAU OF MOTOR VEHICLES No: /1/ 66/! 6;<< ORDER FOR HEARING AND NOW, this /9 `��p day of l V6m/ Pt_, 20/V , upon consideration of the petition of Sean Michael Campbell for review of an order of the Department of Transportation suspending the registration of Petitioner's 2008 Suzuki, License Plate#: GJDO718, a hearing is granted to determine whether the action of the Department of Transportation in suspending petitioner's vehicle registration should be set aside. A hearing is scheduled for 124,044t € 201 at 3U o'clock C1 .m. in Courtroom No: I/of the Cumberland County Courthouse, Carlisle, Pennsylvania. The petitioner is directed forthwith to serve a certified copy of the appeal to, Pennsylvania Department of Transportation, Office of General Counsel, 1101 South Front St., Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, by certified mail, return receipt requested. It is further Ordered that this petition for appeal acts as a supersedeas pending this appeal; and that all proceedings are stayed. BY THE COURT: cc: T yIor P. Andrews, Esquire, Attorney fo i efendant ennDOT Ccy t e.S 1)2zt LecL /I/ mpg' ./17) c -D