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Home My WebLink About14-6620s E C T I 0 N S E C T I 0 N Supreme Couo ° ennsylvania Cour o -CJ unio'� Pleas Cl<iC'eh�t Cu - County For Prothonotary Use Only: 1 rSJ� l Docket No: J9-1.p602_o eivAi The information collected on this form is used solely 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 of court. Commencement of Action: Petition Declaration of Taking 0 Complaint 0 Writ of Summons M■ • Transfer from Another Jurisdiction • Lead Plaintiff's Name: Commonwealth/Dept. of Transportation Lead Defendant's Name: Jaclyn Gingrich Dollar Amount Requested: [ within arbitration limits Are money damages requested? * Yes J No (check one) I• outside arbitration limits Is this a Class Action Suit? • Yes X No Is this an MDJAppeal? 0 Yes la No Name of Plaintiff/Appellant's Attorney: John A. Abom, Esquire - Attorney for Appellant a Self -Represented [Pro Se] Litigant) 0 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 ® Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) L] Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY J Dental Ili Legal O Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff Debt Collection: Credit Card O Debt Collection: Other • O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY * Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies • Board of Assessment O Board of Elections Dept. of Transportation Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory Judgment Mandamus 0 Non -Domestic Relations Restraining Order Quo Warranto 0 Replevin 0 Other: • Updated 1/1/2011 OM & UTULAK IS John A. Abom, Esquire Attorney ID. No.: 77961 2 West High Street Pennglvania 17013 (717) 249-0900 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVERS' LICENSING, • APPELLEE v. 1:11..f1D - OF THE PROTHONOT,t,,R';' 2011i HOV 114 PM CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA /9 6620e2d : Driver License No.: 27072478 JACLYN GINGRICH, APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this 14th day of November, 2014, the Appellant, Jaclyn Gingrich, by and through her attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Jaclyn Gingrich, is an adult individual who currently resides at 1325 Scenery Drive, Mechanicsburg, Pennsylvania, 17050, Cumberland County. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated §3804E2I of the Vehicle Code on or about May 8, 2004. 4. By letter dated October 24, 2014, Appellee notified Appellant that her driving privilege would be suspended for a period of one (1) year effective November 28, 2014. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". IK .a4 a 74-4 RP 3 /31139 5. Appellant denies that the Appellee is authorized to suspend her driving privileges. 6. The Appellant will suffer unfair prejudice and harm as a result of the Commonwealth's delay in seeking to suspend her driving privileges more than a decade after she is alleged to have violated the Vehicle Code. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that her license be suspended and that her driving privileges be reinstated pending this Appeal. DALE, Respectfully submitted, ABOM & KUTULAKIS, LLP John A. Abo squire Attorney f Appellant 2 West Street Carlisle, PA 17013 (717) 249-0900 ID No. 77961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2014 JACLYN MARIE GINGRICH 1325 SCENERY DR MECHANICSBURG PA 17050 Dear MS. GINGRICH: WID 1 142907347746528 001 PROCESSING DATE 10/17/2014 DRIVER LICENSE * 27072478 DATE OF BIRTH 10/30/1984 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 08/24/2004 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 05/08/2004: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11/28/2014 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 privilege 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 11/28/2014. You may surrender these items before, 11/28/2014, 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. 142907347746528 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: 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. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approximately 30 days before your eligibility date. 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. 142907347746528 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 24, 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 11/28/2014. 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 CERTIFICATE OF SERVICE I, Emily J. Barnes, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTULAICIS, LLP DATE /OW l Li R--127 Emil J. Be:--1) es 1) Emily COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVERS' LICENSING, APPELLEE V. JACLYN GINGRICH, APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA /9 V - 614).-0 64,4 : Driver License No.: 27072478 ORDER AND NOW, this Jday of , 2014, upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the ga day of 20.65 , at 36 AM/..P.11.4-, in Courtroom # , of the Cumberland County Courthouse. FURTHERMORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. §1550(b) pending said hearing. BY THE COURT A. A. Abom, Escplire 2 West High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 C01v /1 19M `=nt) L.