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HomeMy WebLinkAbout94-04104 Appellant CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW <14 - <II o'~ NO, CIVIL TERM VS. COMMONWFALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AND NOW, this ORDER ~i'day of July, 1994, upon presentation and consideration of the attached, verified petition, it is ordered that a hearing be held on the 71".1 day of ffi-Z~A . , 1994, , 9: ~c) - at o'clock~,m, in Courtroom No. ~, of the Cumberland County courthouse, carlisle, Pennsylvania. Appellant shall forthwith serve a copy of this Order and her Petition on Appellae by certified mail, return receipt requested. The registration suspension is hereby stayed pending further Order of court, fo"t o"I'1""{ l..d so lo\,,~.l~ ~PfC({)I)t~ '''Sl.lJzhC~ ~.." U 7",.. h? fo be ~'"l rCo'''' s.1at J 6r ,., ~ ,'(e d ""'~ I't...,,', OS ,..; it f4.c.l ~ By ~e Court, , J r, 't- t! ~~ lZ) vi; J, , II Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW q'l-'f/()Lf NO. CIVIL TERM TOMMI LYNCH, VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee PETITION FOR APPEAL AND SUPERSEDEAS The appellant, by counsel, Philip C, Briganti of Legal services, Inc" respectfully represents as follows: 1. The appellant is Tommi Lynch, an adult individual residing at 236 North Baltimore Avenue, Apartment B, Ht. Holly springs, Pennsylvania 17065, 2, The appellee is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (hereafter "Penn Dot"), whose offices are located in the Transportation and Safety Building, Room 103, HarriSburg, Pennsylvania 17123, 3. By a Notice dated June 27, 1994, Penn Dot informed the appellant that her registration was being suspended as of August 2, 1994, for a three-month period, because of an alleged lapse in the insurance coverage for her vehicle, A true copy of the Notice is attached hereto as Exhibit "A," 4. Penn Dot's proposed suspension of the appellant's registration is contrary to law and unsupported by evidence, in that, inter ~: a, A three-month suspension was not authorized by the controlling statute, 75 P,S. S17B6(d), at the time the appellant's insurance coverage was terminated, (e) Property owned Cash :._.._.._._.__.__.......__._.._..U~~ Check i ng Account :.... ..___.________...19,J_QQ__.. ______ Sav i n9s Account:. p$l1QQ,9.9_______._. Certificates of Deposit: N/A....___._____ Real Estate (including home): NI!!.__ .___... Motor veh i c 1 e: Make pontll;\g Year Cost__9H_t._______ Amount owed Stocks; bonds: $.on.' ~_.b9.n(tli__$,2Q_QtQQ_____ Other: __.__.___ _____________________0._ _ (f) Debts and obligations Mortgage: u..u__ ____ m__ 9____.u Rent: _____.__H1!D._..':'__I1Q.J:!lnLPAi..d Loans :_ . _____ _ u ___u___ ___ __.____._______p Monthly Expenses:G.r9_~!lriQ'Il____1')9_L~Qy.!lred by food stamos S80, 00: .QM._IQ.Lc!ir_ $40_,0_Q_;___IU_~~r i c S30, 00: _Ie 1 eDn2nL.. 12.2.....0.0.;, L jte j n.~_u.r:_!m~!LlJ_Q ,.QQ;_.I,!,._Qfl.l1J.!L.t2.~,..QJ2;___. MJ ece 1. 1 aneOlJ6~Xpen8!!1S $~Q,_oo_;_CJ_otJ1 in.9._$~Q&~ (g) Persons dependent upon you for support (Wife) (Husband) Name: _ u___.NltL___u__. Children, if any: Name: ___$!lthj..Yn~b __ __ _.__ Age :_____ ..l_t1_~_ 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances whiCh would permit me to pay the costs incurred herein. .., ..... ....'. TOMMI LYNCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 94-4104 CIVIL TERM Appellant VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee PETITION TO WITHDRAW APPEAL COMES NOW the appellant, Tommi Lynch, by counsel, Philip C, Briganti, Legal Services, Inc., and respectfully petitions this Court as follows: 1. On July 22, 1994, Appellant filed an appeal from a decision by Appellee to suspend her vehicle registration for a three-month period, because of an alleged lapse in the insurance coverage for her vehicle, 2, On July 25, 1994, this Court issued an Order scheduling a hearing on this matter for October 7, 1994 at 9:30 a.m, 3, Subsequently, the issues raised in Appellant's Petition for Appeal and supersedeas have been resolved, rendering further proceedings unnecessary, WHEREFORE, Appellant respectfully requests that she be permitted to withdraw her appeal, and that the hearing sche.duled for October 7, 1994, at 9:30 a.m., be cancelled. Respectfully submitted, 7j,,/thr / / / / J j//. <0 ( ~__,. At- Philip e, Brigan~ Attorney for Appellant LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400