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Home My WebLink About14-7107s E C T I 0 N A s E C T I O N Supreme Court of Pennsylvania Court`'of::Common Pleas Civil;Cov rSh et C,' v .� = County For Prothonotary Use Only: Petition A e j!f-ficru Declaration of Taking L Docket • _:.;,::::�-t-- / —67 Dal /r!i-' The information collected 011 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 rales of court. Commencement of Action: Petition A e j!f-ficru Declaration of Taking ❑ Complaint ■ Writ of Summons )gi. • Transfer from Another Jurisdiction ❑ Lead Plaintiff's Name: C-Ovvu✓►"cY� rent -t -t , op rig Pevt✓7c4 j+ Lead Defendant's Name: rre - - 10.'1x S-1 Dollar Amount Requested: 1 within arbitration limits Are money damages requested? 1 Yes (check one) • outside arbitration limits ,KNo Is this a Class Action Suit? ■ Yes -No Is this an MDJAppeal? ■ Yes PKgo ,A Name of Plaintiff/Appellant's Attorney: p 7t _ t \ (. C)142- a Self -Represented [Pro Set Litigant) 1 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos O Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant O Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card 0 Debt Collection: Other ❑ Employment Dispute: Discrimination • Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment 0 Eminent Domain/Condemnation ❑ Ground Rent 0 Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment ❑ Board of Elections .Dept. of Transportation Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration Declaratory Judgment Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Ay— 7/0 7 6;)1-6 WID No. 143076355073034 001 Garrett David Kniselv Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Driver's License/Auto Registration Appeal APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this 5th day of December, 2014, comes the Appellant, Garrett D. Knisely, by his attorney, Paul B. Orr, Esquire,.and states as follows: 1. Appellant's PA operator's number is: 29541482. PennDOT proposes, by Notice dated November 3rd, 2014 , to suspend Appellant's driving privileges ['automobile registration, for a period of 1 year, pursuant to Section 1547611 of the PA Vehicle Code, which suspension is to be effective December 15th, 2014. ****A copy of the Notice sent by PennDOT is attached to this Appeal Labeled as "EHIXIBIT A"**** 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. Appellant did not knowingly or intelligently refuse a chemical test; 0 The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). 0 Other (Specify Reason:) 4/IS- 7.red C#268/ 1 -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, PAUL B. ORR 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. falsification to authorities. 4 relating r. n orn Signature: Type Name: PAUL B ORR, ESQUIRE Address: 50 E. HIGH STREET City / State / Zip Code: CARLISLE, PA 17013 Telephone Number: 717-258-8558 Email address: PAULBORR10@GMAIL.COM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Garrett D. Knisely Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. WID No. 143076355073034 001 Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE q 411 The undersigned hereby certifies that on December 51, 2014, I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: December 0', 2014 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: Type your Name: PAUL B. ORR, ESQUIRE Address: 50 E. HIGH STRRET City / State / Zip Code: CARLISLE, PA 17013 Telephone: ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail: Date: NOVEMBER 10, 2014 GARRET DAVID KNISELY 1840 MARY LANE. CARLISLE PA ,17013 WID * 143076355073034 001 PROCESSING DATE 11/03/2014 DRIVER LICENSE * 29541482 DATE OF BIRTH 11/10/1991 Dear MR. KNISELY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/30/2014: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/15/2014 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 12/15/2014. You may surrender these items before, 12/15/2014, 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. 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: 3 143076355073034 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. 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 applicablerestoration fee, payment can be made at anytime online @ www.dmv.state.pa.us or mailed to the address 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". 143076355073034 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 10, 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 12/15/2014. 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 • ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Garret David Knisely Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. lel— 1l07 4‘u/2 Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this a20� N day of 0 /T, upon consideration of the foregoing Petition for Appeal from the Order of the Department of Transportation, suspending the Petitioner's Operating Priveleges, and on the motion of the Petitioner, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of operating privileges. This Appeal shall act as a supersedeas of the suspension Order, unless this suspension falls under 75 PA.C.S.A § 1550(b). A hearing is fixed for the day of /1.2'9" 64 , 20din Courtroom .2 at 9. 3d A. 7`P" . at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. 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 a rn � r- r-- It shall further be Appellant's responsibility to file a Certificate of Service with thg,,r-othctnotary. (-, 4. . stating that service was made on the Commonwealth of Pennsylvania. " c — > By the Coa Cop I IL rbc . `-z ob() /a/a3/Ly Judge