The URL can be used to link to this page

Home My WebLink About15-0128s E c T I O N A Supreme Court of Pennsylvania Court of Common Pleas CAmb-er County For Prothonotary Use Only: ti`j 446 Docket No:/q ( $t S.-001-'0 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 • Complaint • Writ of Summons • Transfer from Another Jurisdiction Lea Plaintiffs e, Nam • n �n I\ Le Defendant's Name: CunvLa �1 �m� 1 d P Pr Are money Dollar Amount Requested: one) • within arbitration limits damages requested? • Yes JNo g 9(check • outside arbitration limits Is this Is this an MDJAppeal? a Class Action Suit? • Yes r\jklo • Yes Name of Plaintiff/Appellant's Attorney: (are . Self -Represented [Pro Se] Litigant) Check here if you have no • , orney s E c T I O N B 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 O Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste ® Other: PROFESSIONAL LIABLITY O Dental O Legal ® Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination 0 Employment Dispute: Other fl Other: REAL PROPERTY 0 Ejectment Eminent Domain/Condemnation 0 Ground Rent D Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition • Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ® Board of Assessment ® Board of Elections Dept. of Transportation O Statutory Appeal: Other ❑ Zoning Board O Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment 0Mandamus Non -Domestic Relations Restraining Order O Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLFA.S OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY CAMPBELL V. COMMONWEALTH of PENNSYLVANIA : APPEAL FROM DRIVER'S LICENSE SUSPENSION APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES AND NOW comes the Appellant, Jeffrey Campbell, by and through his attorney, Gary C No. 0d1S- bO\S CIVIL ACTION -LAW Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On November 28, 2014 Appellant was stopped for a traffic violation by a West Shore Regional Police Officer. 2. On or about December 10, 2014 Appellant received a suspension letter regarding a Chemical Test Refusal. (Copy attached) 3. The effective date of suspension is January 14, 2015. 4. The Appellant did not knowingly or intelligently refuse a chemical test. WHEREFORE, Appellant, Jeffrey Campbell based on the foregoing representations, respectfully requests that this Honorable Court grant a hearing to determine the status of his operator license suspension, and enter a Supersedeas until such time as a hearing can be held. RESCT. LY SUBMITTED: ysag re . No. 39183 1350 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-5320 ATTORNEY FOR APPELLANT VERIFICATION The undersigned hereby states that the statements, made in the attached Appeal are true and correct to the best of my knowledge, information and belief.. The undersigned understands that the statements in attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. CERTFICATE OF SERVICE I, Gary Lysaght, Esquire, hereby certify that on the 6th day of January, 2015, I served a copy of the forgoing document by depositing such into the custody of the United States Postal Service, certified mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ° COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 10, 2014 JEFFREY S CAMPBELL 620 MALLARD DR ETTERS PA 17319 Dear MR. CAMPBELL: WID it 143376032169969 001 PROCESSING DATE 12/02/2014 DRIVER LICENSE it 22345348 DATE OF BIRTH 07/18/1970 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547811 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 11/28/2814: * Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/14/20I5 at 12:0I 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 01/14/2015. You may surrender these items before, 01/14/3015, 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. nassport, 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 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 '143376032169969 Bureau of Driver Licensing P.O. Box 88693 Harrisburg, PA 17106-8693 2. UPon receipt, review and acceptance of your Pennsylvania driver's Iicense(sl, learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. I1` you do not re- ceive a receipt from us within three (3) weeks, please comtact'«xur 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 17108-0693 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 1-800-932-4800 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". 143376032169969 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 10, 2014, of this letter. If you file an appeal in the County Court, the Court will give you a time - stamped certified cop -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, PA 17104-2518 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 01/14/2015. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-008-932-4600 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY CAMPBELL NO. a() IS -'W\ -'L7 V. CIVIL ACTION -LAW COMMONWEALTH of PENNSYLVANIA : APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this /dA —1 day of L//g'gW , 2015, in the foregoing Appeal from License Suspension, a hearing is granted to determine whether appellant is subject to suspension of his automobile operator's license. This appeal shall act as supersedeasto the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation, Commonwealth of Pennsylvania. A hearing will be held on the 916 day of 4/IV-CA , 201,f at Q ' J C .m., in Court Room 3 , Cumberland County Courthouse, One Courthouse Square; rns c. - 4th Floor, Carlisle, Pennsylvania. BY J. Distribution: Prothonotary ,./17a Dept. of Transportation, Office of Chief Cousel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, #787-2830 ✓ary Lysaght, Esquire, 1350 Fishing Creek Valley Road, Harrisburg, PA 17112, #599-5320 co:m.es frab.:6k ///3/15 ca