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Home My WebLink About14-6660 Nov 18 14 12:11 p Philip Zulli 717-566-2373 7175662373 p.2 Supreme Court of Pennsylvania Court of Comfon Pleas Crv>l : oyer et For Prothonotary Use Only. L(,l N� bf.i'` C�l� Docket No: COUnty - bob l/re iglbrmation collected on this forin is used solely fbr court crdntini.;tration proposes. This form does not supplement or replace 1he frling and service q(pleadings or other papers os required hi;latic or rides((court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons Cl Petition It Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lea¢PlaintifrsName: L.eadDefendant's Name: C.—I 5 Iq R r— A[A 0�_ b Q1�0_91fo l'-� J Check:ker-e if you are a Set.Re-.)resnnted(Pvc Se)Liliqgant O Name of Plaintiff/Appellant's Attorney: I ' t �k f� 1 N Are money damages requested?; ❑Yes ZI No Dollar Amount Requested: within arbitration Iimits (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes 16 No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Moss 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 0 Dept of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability(does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute. E ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other T Judicial Appeals ❑ MDJ-Landlord/Tenant I ❑ Other: ❑ MDJ-Money Judgment o MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain!Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ -Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa R.CP.205.5 212010 Philip L. Zulli, Esq. Zulli Vehicle & Traffic Law 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 (717) 566-2373 Fax Zulli@msn.com www.zullilaw.com CURTIS HAROLD CLARK : IN THE COURT OF COMMON PLEAS Petitioner v. : CUMBERLAND COUNTY, PENNSYLV COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING I (gP WOO APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE t NOW COMES, Petitioner, Curtis Harold Clark, by and through his attorney, Philip L. Zulli, Esq., pursuant to Section 1550 of the Vehicle Code, 75 Pa.C.S. § 1550 (relating to Judicial review) and 42 Pa.C.S. §933(a)(1)(ii) of the Judiciary Code, 42 Pa.C.S. §933(a)(1)(ii) (relating to appeals from government agencies), and hereby files this Appeal from Suspension of Operating Privilege, and respectfully avers as follows: 1. Petitioner is Curtis Harold Clark, who is a resident of Cumberland County residing at 32B Fairfield Street, Carlisle, PA 17015. 1 0,64 ail 3533 2. Respondent is the Pennsylvania Department of Transportation, Bureau of Driver Licensing, which is an executive department of the Commonwealth located at 1101 South Front Street, Harrisburg, PA 17104-2516 (hereinafter "Department"). 3 By Official Notice dated and mailed October 24, 2014, the Department imposed a six-month suspension of petitioner's operation privilege pursuant to Section 1543(b)(1) of the Vehicle Code, 75 Pa.C.S. §3736 (relating to Driving under suspension) due to petitioner's conviction on October 16, 2014 of said offense, in Cumberland County,. (A true and correct copy of the Department's Notice of Suspension is attached hereto and incorporated by reference as Exhibit A.) 4. Undersigned counsel on behalf of Petitioner previously filed on November 13, 2014, with the Honorable Court of Common Pleas of Cumberland County, at Docket No. 2014 SA 234, a timely Notice of Appeal from Summary Conviction. (A true and correct copy of the Notice of Appeal from Summary Criminal Conviction is attached hereto and incorporated by reference as Exhibit B.) 5. Petitioner hereby invokes his statutory right to appeal the Department's Notice of Suspension of Operating Privilege (see Exhibit A), pursuant to Section 1550 of the Vehicle Code, 75 Pa.C.S. § 1550 (relating to Judicial review), in order to obtain his statutory right of a supersedeas pursuant to Sub -Section 1550(b) of the Vehicle Code, pending this appeal and the appeal from summary conviction now pending in the Cumberland County Court of Common Pleas. 6. Petitioner is aware that he may not collaterally attack in this license suspension appeal the underlying conviction upon which the suspension is based, and Petitioner will promptly advise 2 this Honorable Court and the Department of the outcome of his Appeal from Summary Conviction now pending before this Honorable Court of Common Pleas of Cumberland County at Docket No. 2014 SA 234. WHEREFORE, Petitioner respectfully requests that the suspension of his operating privilege by the Department be stayed pending appeal and that this appeal be sustained if Petitioner is successful in his appeal from summary conviction in Dauphin County. November 17, 2014 3 Respectfully submitted: tlY Philip L. Zulfi, Esq. Atty. D. No. 47499 Zuni Vehicle & Traffic Law, 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 (717) 566-2373 (Fax) Zulli@msn.com COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2014 CURTIS HAROLD CLARK 7044 CARLISLE PIKE CARLISLE PA 17015 Dear MR. CLARK: WID * 142909283297047 001 PROCESSING DATE 10/17/2014 DRIVER LICENSE * 29452301 DATE OF BIRTH 11/22/1988 LICENSE IN BUREAU This is an Official Notice of the Revocation of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 10/16/2014 conviction of violating Section 1543E of the Vehicle Code DRVNG UNDR ALCHOL REL SUS on 07/14/2014: Your driving privilege is REVOKED for a period of 2 YEAR(S) effective 09/23/2018 at.12:01 a.m. This revocation is in addition to any other suspensions al- ready on your record. 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 in- surance at that time. This_ letter will .list accept -able -- 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. 142909283297047 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 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 110-1—Sinitli-ff0mt—Stit Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF REVOCATION. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing 041.1.11111111111111•••• INFORMATION (8:00 AM TO 5:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 Commonwealth of Pennsylvania Court of Common Pleas County of: CUMBERLAND 9TI-1 Judicial District C te 45A paifroi Appellant Name: CURTIS HAROLD CLARK Address: 328 FAIRFIELD STREET City: CARLISLE State: PA Zp: 17050 Notice of Appeal from Summary Criminal Conviction Date: 11/12/2014 Issuing Authority Docket Number: TR -2522-2014 Citation No: C1418878-6 Magisterial District No: 09-3-04 ..1751‘er 45 onfre),117; A sentence of FII4eSiiitetwaS imposed on: 10/16/2014 . Offense(s) of which convicted: DUS 75 PACS 1543B Grounds relied upon for appeal (except when the appeal is from a guilty plea or a conviction): Date of entry of guilty plea, the conviction, or other final order from which appeal is taken: 10/16/2014 • Name and mailing address of affiant as show on citation or complaint: Affiant Name: THOMAS BURFEIND Address: Hampden Twp., PD, 230 S. Sporting Hill Rd. City: Mechanicsburg State: PA Zip: 17050 Name and mailing address of issuing authority: Issuing Authority: HON. KATHRYN 11. SILCOX Address: 5275 EAST TRINDLE ROAD, SUITE 110 City: Mechanicsburg State: PA Zip: 17050 Phone No: (717) 697-2201 • NOTICE TO DEFENDANT: If sentence includes fines, costs or restitution, amount paid, if any: 0 Type or amount of bail or collateral fumished to issuing authority, if any: 0 WC) rn r— 1",41 CZ= D _176k .7Z C=) Name and address of atto Attorney Signature: Attorney Name (Printed): PHILIP Address: 155 GRANDVIEW ROAD -0 City: Hummelstown State: pj Zip: 17036 Phone No: 717 566 8585 Fax No: ,717 566 2373 Supreme Court ID Number, 47499 • If your appeal is from a motor vehicle conviction other than parking, have the cletl of courts certify this copy and mail to the following address: PennDOT Correspondence Unit PO Box 68618 Harrisburg, PA 17106 I hereby certify that an appeal has been filed in the above -captioned case. AOPC 2028 REV. 02/2112008 VERIFICATION The undersigned having read the forgoing Appeal from Suspension of Operating Privilege states that the language within is based on information furnished to counsel, or such information has been gathered by counsel in the course of preparing this Appeal from Suspension of Operating Privilege, and that it is true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code (relating to unsworn falsification to authorities). November 14, 2014 CURTIS HAROLD CLARK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING NO.: CERTIFICATE OF SERVICE I, Philip L. Zulli, Esq., certify that I will serve a time -stamped copy of this Appeal from Suspension of Operating Privilege upon the Department of Transportation, Bureau of Driver Licensing on the date indicated below by United States First Class Certified Mail, Return Receipt Requested: Donald J. Smith, Esq. Assistant Chief Counsel Pa. Department of Transportation Office of Chief Counsel Riverfront Office Center, Third Floor Harrisburg, Pa 17104-2516 DATED: November 19, 2014 ielmOe Philip L. Zulli, Es Atty ID.: 47499 Zulli Vehicle & Traffic Law 155 Grandview Road Hummeistown, PA 17036 Phone: 717-566-8585 Zulli@msn.com CURTIS HAROLD CLARK Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: I i lJL V SCHEDULING AND SUPERSEDEAS ORDER AND NOW, this / TV day of C/ //?,ezi1cl=/ , 2014, upon presentation of the within Appeal From Suspension of Operating Privilege, it is hereby ordered that a hearing de novo on this matter will be held on the ;04 4 day of _�,ef,f/l4 , 20 j at R <36 o'clock , .M., in Courtroom No. T of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. The action of the Pennsylvania Department of Transportation, Bureau of Driver Licensing, in suspending the driver's license and operating privilege of the Petitioner is hereby stayed pending a final decision of the Court to the extent provided under §1550(b) of the Vehicle Code, 75 Pa.C.S. §1550(b). Petitioner shall serve a copy of the appeal upon the Pennsylvania Departent 'of Transportation. m 1 f f.. r— INJ Ul 4 G i < c° c; > ca 11 DISTRIBUTION: BY THE COURT: JUDGE i Philip L. Zulli, Esq., Zulli Law Office, 155 Grandview Road, Hummelstown, PA 17036-9269—Attorney for Petitioner Donald J. Smith, Esq., Assistant Chief Counsel, PA Dept. of Transportation, Office of Chief Counsel, 1101 South Front Street, Riverfront Office Center— Third Floor, Harrisburg, PA 17104-2516— Attorney for the Department (0p,es ti q/iq