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Home My WebLink About15-0258s E T 0 N A s E T 0 N County For Prothonotary Use Only: Docket No: e_6(,S The information collectedon this form is used solely for court administration purposes. This form does not supplement or replace theliling and service of pleadings or, other papers as required by law or rules o 'cout. Commencement of Action: 0 Complaint 0 Writ of Summons ---)Erce-tition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: Lead De ant's Name: Dollar Amount Requested: (check one) ['within arbitration limits Are money damages requested? Ill Yes YNo • outside arbitration limits Is this a Class Action Suit? 0 Yes KNo Is this an Mal- Appeal? Yes No Name of Plaintiff/Appellant's Attomey: )•-• k LL -t pord'A .5— 1---- i.:1-0 A-) 0 (.heck here if you have no attorney (are a Self -Represented 'Pro Se} 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) 0 Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance O Premises Liability 0 Product Liability (does not include mass tort) Slander/Libel/ Defamation O Other: MASS TORT 0 Asbestos 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL LIABLITY 0 Dental 0 Legal O Medical • Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial 0 Partition O Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies Board of Assessment t oard of Elections .1 T. Dept. of Transportation 0 Statutory Appeal: Other O Zoning. Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment • Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING V. JEANETTE LYNN BUCKLEN, Appellant NO. CP -21 -CV- : CIVIL ACTION — LAW - 2015 c:t PENNSYLVANIA : DRIVER'S LICENSE SUSPENSION :APPEAL TO THE HONORABLE, THE JUDGES OF SAID COURT: PETITION FOR APPEAL FROM ORDER SUSPENDING DRIVING PRIVILEGE AND NOW, this 14th day of January, 2015, comes the Petitioner, JEANETTE LYNN BUCKLEN, by and through her attorney, WILLIAM J. FULTON, who, pursuant to 75 P.S. § 1550, files this Petition for Appeal, representing that: 1. Petitioner is an adult individual residing at 50 Pine Ridge Circle, Enola, Cumberland County, PA 17025. 2. Petitioner possesses a currently valid Pennsylvania Operator's License Number 21632213. 3. Under letter dated December 16, 2014, Petitioner was notified by the Department of Transportation that her operating privilege was being suspended for eighteen (18) months as a result of an alleged Chemical Test Refusal on December 6, 2014. A copy of the notice is attached hereto as an Exhibit and is incorporated herein by this reference. 4. Petitioner alleges that the suspension is unjustified, improper and contrary to law for the following reasons: //S_-? ,,d . a-4 443 31 1, 7f, (a) Petitioner was not given adequate O'Connell warnings. (b) A police officer did not read the DL -26 warnings to Petitioner. (c) Petitioner was not advised that she was subject to a suspension enhanced from 12 to 18 months. (d) Petitioner respectfully reserves the right to raise additional objections and defenses at the time of a hearing de novo. WHEREFORE, Petitioner respectfully requests that Your Honorable Court schedule a hearing de novo to review the propriety of the Department of Transportation's suspension notice and to thereafter issue an Order sustaining this appeal and overturn the departmental action and restore her operating privileges and to stay the suspension in the meantime. Dated: January 14, 2015 Respectfully submitt Vu,�tj William J. Fulton Attorney for Petitioner 106 Walnut Street Harrisburg, PA 17101 (717) 233-5133 Attorney I.D. #25457 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 16, 2014 JEANETTE LYNN BUCKLEN 50 PINE RIDGE CIRCLE ENOLA PA 17025 Dear MS. BUCKLEN: WID # 143436739920590 001 PROCESSING DATE 12/09/2014 DRIVER LICENSE # 21632213 DATE OF BIRTH 07/13/1968 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 12/06/2014: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 01/20/2015 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 01/20/2015. You may surrender these items before, 01/20/2015, 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. 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 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 you 143436739920590 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 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 a 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 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 the requirement to acknowledge your If you have not acknowledged your please follow the instructions listed this Suspension/Revocation". fee DOES NOT satisfy suspension/revocation. suspension/revocation, under "Complying with 143436739920590 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 16, 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, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 01/20/2015. 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 certify that a true and correct copy of the foregoing Petition is being served this date by certified mail, return receipt requested addressed as follows: PA Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 A n Dated: January 14, 2015 `K Jv /\ William J. Fulton