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  #31 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by MrUgly View Post
Get. A. Lawyer. Pay. Him. Money. You do not need one, but neither do you have the be an ASE certified mechanic to work on your car, it just makes the job go faster.
This is precisely my point.

The last time that I had an ASE change my oil, he dumped half a quart down on the engine block (brand spanking new 35,000 rag top vehicle) we left for a trip the next day and had to smell burn oil fumes for three days, and then had to get a $99 detail job to clean the mess up after it was all said and done.

The time before that I hand an ASE work on one of my vehicles, the omitted the step in the service manual that states to check the fluid in the gearbox after installing it. 300 miles later I was on the side of the road with a bag full of metal gears and case pieces waiting 1hr for AAA to show up, and missing 5 hrs worth of work.

The last time that I hired an ATTY to represent me, she took a civil case dealing with lemon law and ran it off track in front of a set of arbitrators. I fired her in the middle of the hearing, asked for a continuance, was not granted one, asked for a 15min recess to re address the panel, got it, re addressed them and won the case for about $3000. If I had done the entire hearing my self (minus the paper work that I'll admit I'm not perfectly knowledgable about) we would have won $6000 or more.

So an ASE mechanic does not always save you time.

As for asking on here about a form or a sample of a filing... I was asking for some one who had already been to the law library, or some one who had already done this, to give me some worthwhile assistance the way that I have done for others on internet forums in the past on topics that I'm profficient about.
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  #32 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by Appealing View Post
This is precisely my point.

... snip
Post 4:
Quote:
I asked if there was any publicly available forms to fill out, he said "No, need an attorney."
Post 5:
Quote:
"An individual whose license is revoked may appeal to
the court of common pleas for the judicial district in which the
individual resides".
Post 7:
Quote:
your recourse is through the Court of Common Pleas for your county, and nowhere else.
Post 10:
Quote:
No there isn't any forms online.
Post 11:
Quote:
drive to the prothonotary's office and after waiting for someone to offer you assistance, ask them to explain the process for filing an appeal of a LTCF revocation. That is where it gets filed, as you yourself have already stated..... snip .... Someone with the letters E-s-q. after their name will be able to give you specific direction,
Have I made my point, or do i need to go through the entire thread for you?

There have also been several links posted to threads on this forum detailing every step others have taken when appealing revokations.

Your question was answered several times. You refused to accept the answers you were given. Obviously you want someone to hold your hand and take you through the process step by step, that is a job for your mother or an attorney, not us.

Now you have to decide to either read the threads you were provided links to, learn the process, and get it started - OR - get an attorney who specializes in firearms law to handle it for you. Either way, you have already wasted time arguing with people who answered your question rather than taking action using the answers and information you were given.
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  #33 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Thanks a bunch for pointing out everything to me in one great reply... It is much easier to find everything that is relevant in this post now.


Actually what I was wanting to find however, was a set of forms like theese for driving license suspension on the Lancaster County PA Self Help Center

http://www.co.lancaster.pa.us/prose/...sionappeal.pdf

Or a pdf copy of some one elses forms.

Law procedures are just duplication of paperwork changing names and other things per individual case.

When I get this all figured out, I'll post the sets of forms up and charge $5 for the pdf file of them for everyone else like Lancaster County does for these ones.





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  #34 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Because you had one bad experience with a lawyer, does not automatically mean that you will again.

This is your LTCF, not ours. If you feel you can take this on by yourself, then by all means, do so; however, If your LTCF was unlawfully revoked, you will have a much better chance of getting it back with a lawyer. Period.

The knowledge and advice from the members on this site that have had to go through similar issues is worth its weight in gold. If you choose not to listen to it, then we can't help you. Good luck.
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  #35 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Can someone find the OP's IP address and find out who he really is. IMHO, nobody joins a forum, and without so much as a friendly hello or any introduction what-so-ever, begins his very first post starting out:

Quote:
Originally Posted by Appealing View Post
Please keep the reply to this topic specifically on topic.
This reeks of a current forum member who has created a new screen name to conceal his identity.

His first post on the PAFOA forum and not only does he demand we stay on topic, yet goes off on a rant about how cops aren't smart enough to do anything else and how someone screwed up his oil change, but then he dismisses the responses providing information trying to help him because it's not the answer he wants to hear. Even when people are taking the time to make phone calls on his behalf.

Personally, I find nothing "Appealing" about this poster.

Last edited by str8shooter; August 21st, 2008 at 02:46 PM.
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  #36 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by Appealing View Post
.....Actually what I was wanting to find however, was a set of forms like theese for driving license suspension on the Lancaster County PA Self Help Center

Or a pdf copy of some one elses forms.

Law procedures are just duplication of paperwork changing names and other things per individual case.

When I get this all figured out, I'll post the sets of forms up and charge $5 for the pdf file of them for everyone else like Lancaster County does for these ones.
.....
What I tried to point out earlier was that the process for appealing a sheriff's revocation is not an administrative process, where you just fill out the right forms. The UFA specifies that the appeal goes right to the Court of Common Pleas, as a formal legal case. PennDOT may have internal appeal procedures that use standard forms. Your county CCP does not, except for incidental docketing forms.
It's true that 2 revocation appeals within the same county will look similar, although the substance will vary in the important places. But the process between 2 counties for the same revocation could be different. Each county has its own rules of procedure. I also noted that some counties will consider it to be a civil appeal, because there's no open criminal docket; but other counties consider it to be criminal, because it's pursuant to the Crimes Code.
I don't think that we can provide the answer that the OP wants, and I'm starting to think that he lacks the self-evaluative skills to be sure that he didn't merit the revocation in the first place.
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  #37 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by Appealing View Post
Actually what I was wanting to find however, was a set of forms like theese for driving license suspension on the Lancaster County PA Self Help Center

http://www.co.lancaster.pa.us/prose/...sionappeal.pdf

Or a pdf copy of some one elses forms.

Law procedures are just duplication of paperwork changing names and other things per individual case.

When I get this all figured out, I'll post the sets of forms up and charge $5 for the pdf file of them for everyone else like Lancaster County does for these ones.
To answer your question, no, I don't know, nor have I heard of any forms like you are talking about similar to the ones you talk about. If they exist, not many here know about them. As GunLawyer said:

Quote:
The process for appealing the revocation of an LTCF is not an administrative proceeding for which there are pre-printed forms, it's basically a lawsuit. You have to draft and file a Petition, it has to be served, you need to draft and provide a proposed order. The sheriff has to respond, you may have to respond to any new matter, a date will be set and you should get your day in court.
As far as looking at other's who have done the same thing, links were posted to threads where the information is available. The first reply in this thread had a link where this information can be found. And in the 7th reply, Greg had a link in his signature.

So you were given as much information as the members here could give without going to the court house and doing the leg work themselves. If this is not sufficient, then please feel free to see yourself out. But you came here asking questions which were answered. And your replies that the answers were not satisfactory were taken as quite rude (not sure if they were intended that way or not). So, if you are going to continue to frequent this forum, and I hope you do, please try not to word your responses in ways that others could take offense or become hostile over. We are here to help.
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  #38 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by Appealing View Post
Thanks a bunch for pointing out everything to me in one great reply... It is much easier to find everything that is relevant in this post now.
Based on that statement alone its obvious that you didnt bother to read the posts I quoted from. You have just proved me right about your desire to have everything spoon fed to you like a child.


Quote:
Actually what I was wanting to find however, was a set of forms like theese for driving license suspension on the Lancaster County PA Self Help Center

http://www.co.lancaster.pa.us/prose/...sionappeal.pdf

Or a pdf copy of some one elses forms.
Guess you didnt even read the quotes in my post. You will be filing an appeal with the court of common please. There is no form to fill out.

[/quote]
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  #39 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by Appealing View Post
Actually what I was wanting to find however, was a set of forms like theese for driving license suspension on the Lancaster County PA Self Help Center

http://www.co.lancaster.pa.us/prose/...sionappeal.pdf

Or a pdf copy of some one elses forms.
Yeah, there are appeal forms you can get online. I was just looking at them the other day. They have them listed by county. It's a pretty simple process. You can either fill it out online, or you can click "save as" on the link and fill the form out by hand, and then mail it in. That might be a better option because you can send it certified mail. Hope this helps.
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  #40 (permalink)  
Old August 21st, 2008
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Default Re: How to Appeal License Revocation?

Quote:
Originally Posted by GunLawyer001 View Post
... But the process between 2 counties for the same revocation could be different. Each county has its own rules of procedure. I also noted that some counties will consider it to be a civil appeal, because there's no open criminal docket; but other counties consider it to be criminal, because it's pursuant to the Crimes Code.
WOW, that's interesting. That 2 (or more) counties in the same state can have such varying processes for the same thing and still be legal procedures. I do not understand how each county can have its own rules of procedure, if they are working from the same state laws and statutes. That's one reason I am not a lawyer, I guess!
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