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HomeMy WebLinkAbout14-7291s E C T I 0 N A S E C T I 0 N Supreme Court:Of Pennsylvania v= Court' of._Commth Pleas Civil Cover -Sheet " r.A.E. = 0.v\a- County For Prothonotary Use Only: Lead Plaintiff intifs Name: 1 AY'Y10.. Tctne t ar---\-er5c n Docket No: iti-1C29/ e The information collected on this forth is used solely for court administration purposes. This form does not supplement Or replace the filing and service of pleacIu& s or other papers as rec,uired by law or rules of court. Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition . ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff intifs Name: 1 AY'Y10.. Tctne t ar---\-er5c n Lead Defendant's Name: yy Pe nrOLOT Dollar Amount Requested: ❑within arbitration limits Are money damages requested? ❑ Yes 0 No (check one) • outside arbitration limits Is this a Class Action Suit? ❑ Yes [ No Is this an MDJAppeal? ❑ Yes jos No Name of Plaintiff/Appellant's Attorney: :heck here if you have to attorney (are a Self -Represented (Pro 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 Mass Tort) ❑ Intentional O Malicious Prosecution ❑ Motor Vehicle O Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libell Defamation ❑ 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 0 Board of Assessment ❑ Board of Elections El Dept. of Transportation O Statutory Appeal: Other ❑ Zoning Board ❑ Other: MASS TORT ❑ Asbestos O Tobacco O Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent O Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition ❑ Quiet Title ❑ Other: MISCELLANEOUS 0 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. / 7Z-/ / eitn ArWICI Jane_ Pctftaovi (Type your name) Vs. Driver's License/Auto Registration Appeal &f/7/ rn Commonwealth of Pennsylvania rte-- Department of Transportation vcP Bureau of Drivers Licensing G ' '37 C� C C. CD co- AND NOW, this (enter today's date) , 20 , comes the Appellant, (Type your name) and states as follows: mac• s�? APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION $fri tG, joule_ Pittt&o5an , by his/her attorney, 1. Appellant's PA operator's number or automobile registration number is: 31'LI1L1. 731 2. PennDOT proposes, by Notice dated (insert "mailing" date here) DiCQv TI 1 , 20 1 , to suspend Appellant's y driving privileges automobile registration for a period of (Insert length of suspension) 10 days suspension is to be effective (Insert suspension effective date) )a.n1AaKy 13, 20 i5 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) pursuant to Section 635 of the Vehicle Code, which C test. I I Appellant did not knowingly or intelligently refuse a chemical test; El under appeal. (Attach a copy of the court docket this Appeal). The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently Other (Specify reason:) 11rve. CodCouvf i5 (e/J ptC.t-r-uct l y aa_.e..d r(vvit- d U6 tnl3i)Y of c r Jin aaltf 1`5 � dKivl - u.)arD. Appktlint 1,o6vL5 atavl -rutLHI-► rink. cl'viltd wUn v9 forc& hayrna. �% st ctoct e_ct' to k ak I t m cc)vA vvti,c.+e . Aw,ttAcivki hco o c, ha fivt fvbvv\ 4e,{ own -RAntr3 and VIM I,eavvu a a )ak,t.ab 1k • I &6611. )IS7S 1 ' ect vr3C 1 -OR - The suspension of Appellant's automobile registration is contrary to law in that: n My failure to have insurance was for a period of Tess 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). nOther (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, -Pcvvam4y, (Sign name here A n n o- TYcky\ e. PA -44f C O (1 (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: Type Name: Address: City / State / Zip Code: Telephone Number: Email address: Arra uj'a,,n e- a5\ Pe,-i-ers)ou`t, g Rd. Cart ; s 1-e PA , 110 13 (i i) al-tt- Ltgat q.ecvor lc @ micalloo. C,orrh 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 09, 2014 ANNA JANE PATTERSON 251 PETERSBURG RD CARLISLE PA 17013 Dear MS. PATTERSON: WID it 143369283887244 001 PROCESSING DATE 12/02/2014 DRIVER LICENSE it 31464831 DATE OF BIRTH 07/04/1997 This is an Official. Notice of the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 12/01/2014 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 11/18/2014: Your driving' privilege is SUSPENDED for a period of 90 DAY(S) effective 01/13/2015 at 12:01 a.m. PennDOT is required by Section 1535 of the Pennsylvania Vehicle Code to assign 5 points to your driving record. 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 priv- ilege 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 01/13/2015. You may surrender these items before, 01/13/2015, 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 iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. 143369283887244 You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. I. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to Penn8OT. 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 Bureau of Driver Licensing P.O, Box 88893 Harrisburg, PA 17108-8693 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. PennDOT 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 I7106-8693 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 143389283887244 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". 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 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 09, 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 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, P417104-2518 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 81/13/2015. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing 143369283887244 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A-vrna Joule Pu11xn (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. L -t - 1 as l Civ l -ern\ Driver's License/Auto Registration Aal- - rn CO C7 co z c -- iv CERTIFICATE OF SERVICE The undersigned hereby certifies that on it/111 ev I T, 20 14 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: Dguyvt, i ) 20 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3'I Floor 1101 South Front Street Harrisburg, PA 17104-2516 -, Signature: Cjyv&o PPattoLcA, Type your Name: Ann o raiN2 . ev-S'an Address: a61 PdaS bwig City / State / Zip Code: rrAJAA 51/ i Pi .F1013 Telephone: C11-1) a LtI. Lila-) ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Arena Jaye Pciivaan No, M— 72 91 (ft (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this fed5 day of tft It/ LC/°) , 20/S a hearing is scheduled on the appeal of Petitioner for the 9'64 day of,'7Y lZC.11 , 200 at 9:3 U/4 M in Courtroom #3 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`° 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. i/s/�s 113 fre.,41.q..c.C., Judge C=rri fl1 e.i} z: r\:) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Anna Jaine Patlt(on (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. aq G- (ft Torvri Driver's License/Auto Registration Apfeal ' 4-n 0-1 CERTIFICATE OF SERVICE oGt� L� The undersigned hereby certifies that on V 0,6 _ 1 , , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Datedavi ( , 20 �. U.S. Postal Servicer, CERTIFIED MAIL7t., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Via A Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 10.49 Sedq cs of e,kuef- U 1 Street, Apt. No.; f? v v -- _ L or PO Box No. .1j<diV1Arr a cl aKttet(4.3m F(0 d Clryi$tat , fIP+6 PS Form 380), August 2006 - See Reverse for Instructions Signature: Type your Name: Address: State / Zip Code: Telephone: N —o CMfvn o-uttVU1.,ni nnc� 0.n ?a-4-ter'sor1 a51 Pc.*ex5 h l.. 'c rciiut3k IPA- Bio 3 Lin) aLiI . U(11 y filled out and filed in the Prothonotary's office cling the documents to PennDOT **