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Home My WebLink About00-00131 WILLIAM V. YOST, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CrO~[ T~ NO. .;;Looo- /6 I CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA,DEPT OF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL ORDER .J, AND NOW, this /'-1 day of January, 2000, IT IS ORDERED AND DECREED THAT a hearing in the above-captioned License Suspension Appeal will be held on the ~d day of /J},Jrr J.. at / :,.j() o'cIock,gM. in the ClUllberland County Courthouse, Carlisle, Pennsylvania. ~ G l4A"IU E. .6 /.<..f d'd ~~ / / -/8'00 ../?J{5 J. .1'[; J. ~ ,{)O I N{J11 v I~J ~t,.v [;bWf' FILED-OFFiCE OF THE PFlOTHONOTARY 00 JflN 14 PM 1,: 05 CUMBERLA"iD COUNTY PENNSYLVAl'P.A WILLIAM V. YOST, Petitioner v. .IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. .:< M-V" ).3/ &:vd ~~ CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA,DEPT OF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, this 7th day of January, 2000. comes the Petitioner, William V. Yost, hereinafter "Petitioner", by and through his attorney, Bernard L. Coates, Jr., Esquire, who files this License Suspension Appeal and in support thereof, avers as follows: I. Petitioner is.an adult individual residing at 4106 Caissons Court, Enola, ClUllberland County, Pennsylvania 17025. 2. Respondent, the Pennsylvania Department of Transportation, hereinafter "Respondent" has a mailing address of Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, River Front Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a Notice from Respondent with a mail date of December 8, 1999 indicating that as a result of his violation of Section 1547 of the Vehicle Code, Chemical Test Refusal on November 18, 1999, his driving privileges were being suspended for a period of one (I) year. A copy of this Notice is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. 4. Petitioner avers that this suspension is unjust and illegal at this time for the following reasons: (a) No reasonable grounds existed to believe that the Petitioner was operating or in actual physical control of a motor vehicle. (b) Petitioner was never "arrested" as defined for purposes of the Implied Consent Law. (c) Petitioner demands proof that the officers are "police officers" as defmed by 75 Pa. C.S. 9102. (d) Petitioner was not asked to submit to a chemical test. (e) Petitioner was never warned that his license would be suspended. (f) Petitioner was confused over his right to have an attorney present for the purpose of the chemical test. WHEREFORE, Petitioner respectfully requests that your Honorable Court schedule a hearing on this License Suspension Appeal.. ~y," iU., .\ ,Bemard L. e. r., Esquir Attc:~ N. ~686 4401. ~orth nt Street H' ,PA I71I0 -236-9391 - Telephone 717-236-6602 - Facsimile Dated: January 7, 2000 . . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DECEMBER 08, 1999 WILLIAM V YOST 412 SHARON AVE 993356112162574 001 12/01/1999 10674355 06/06/1940 MECHANICSBURG PA 17055 Dear Motorist: a result of your violation of Code, CHEM I CAL TEST REFUSAL privilege is being SUSPENDED Section 1547 of on 11/18/1999, for a period As Vehicle driving YEARCS) . the your of 1 In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license Ccamera card) in.your possession no later than the effective. date listed. If you cannot complY with the requirements stated above, yt?_I:I__~re required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against-your driving privi- lege, Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca}C4} of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, C!'edi.-t will not begin until all current ._driver' ~ license productCs), the DL16LC Form, or~ letter ~cknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The eTTective da-te oT suspension is 01/12/2000, 12:01 a.m. -.. i "A' .... . . 993356112162574 Please see the enclosed application for restoration fee in- f.ormation. APPEAL You have the right to app'eal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, DECEMBER 08, 1999. If YOU fi1e an ap- pea1 in the County Court, the Court wi11 give you a time- stampec/ cel'ti1'iec/ copy 01' the appeal.. Send this time-stamped certifi-e'd copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, ~~\~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.o. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) .1-800-932-4600 717-391-6190 1-800-228-0676 n 7-391-6191 ~ ~------~~---~-~.............- --~~-~~~-~~==-------- WILLIAM V. YOST, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA,DEPT OF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts as stated . therein are true and correct to the best of my knowledge, information and belief. I understand that any false statement herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Respectfully submitted, Dated: January 7, 2000 WILLIAM V. YOST, Petitioner v. COMMONWEALTH OF PENNSYLVANIA,DEPT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this 7th day of January, 2000, serving a true and correct copy of the foregoing License Suspension Appeal by First Class U.S. mail, postage prepaid to the office listed below: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Dated: January 7, 2000 By: e __d L. tto No. 44686 4409 North Front Street Harrisburg, PA I71I0 717-236-9391 - Telephone 717-236-6602 - Facsimile >-: ("') ?:: Gv 5'2 .-'- ~ j-' .. _..J4 - /--"-'= u10 -:- ~~~ 7" ("')- S2t':c ~"", ~ lJ....:- ~ '-"_~~' y f-:~ r- ~~~ ~~ 0, I __._~ [G>-- l '__L._ ~~.~ ~ ~~1: I- ~ ',_ v. 0 _:J U 0 U ~- ~ ~ - f\J1 I ~~ L, 8 ~ ~ ~ (,j '-1" 1I1 :::rJ ~ ::t ~6L Dj f~_ .~ . ~. WILLIAM V. YOST, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 20b.O-13I Civil Term CIVIL ACTION - LAW. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this3~ day of March, 2000, IT IS ORDERED AND DECREED THAT the hearing in the above-captioned License Suspension Appeal scheduled for March 3, 2000 at 1:30 P.M. is continued until April 7, 2000 at 8:30 A.M. ED ARD E. G~I~O, J} ~~ 3-3-00 RK3 FiLED-OFFICE OF TilE PFIOTlJO;\IOTAFlY 00 NAR -3 Pi! 2: 1.:4 CUM3ERU,ND COUNTY PENIYSYLW,:11'4 0:;-" ,. BERNAR-D L. COATES, JR. ATTOI"tNEY AT /...A..w 4409 NORll-i FRONT STREET HARRlSeURG, PA I 71 10 PHONl:!:: (7 I 7) Z3Z-770e FAX C7 I 7') 23&-6602 blcjrlaw@ptd.net April 4, 2000 The Honorable Edward E. Guido, Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PAl 70 13 RE: Yost v. DOT (2000-131 Civil Term) Dear Judge Guido: This letter will confirm my telephone conversation of April 4, 2000 with your chambers wherein I indicated that my client wishes to withdraw the License Suspension Appeal which he had previously filed with the Court of Common Pleas of Cumberland County. As a result, my client and I will not appear in your court on Friday, April 7, 2000 at 9:00 a.m. for the scheduled License Suspension Appeal. I have advised opposing counsel of my client's intentions by this letter and by a telephone message of the same date. If you have any questions, please contact me. lam V. Yost Mr. George Kabusk, Esquire Ms. Linda Daggett j ....,tV7 .. t()ll". Iii"#" ,.. _ ---t " ....... WILLIAM V. YOST, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 2000-131 Civil Term CIVIL ACTION - LAW -COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this /3 ~ day of April. 2000. having received a letter from P~titioner's counsel indicating the Petitioner wished to withdraw the above-captioned License Suspension Appeal. IT IS ORDERED AND DECREED THAT the same License Suspension Appeal is withdrawn and dismissed. BY THE COURT: ~ l' DO ~. y,j ~\L.S EDWARD E. GUIDO, J. FILED-'-OfFlCE OF TiI:: PC\JhCi..;OTAFlY 00 IWR 13 fili 9: 08 CUlv:8ERLAND COUI~'TY PENNSYLVANiA . , BERNARD L. COATES, JR. ATTORNEY AT LAw 4409 NORTH FRONT STREET HARRISBURG. PA 1"7 Ira PHONE!: (7 I 7) 2.32-7700 FAX (7 I 7) 236-6t502: blcjrlaw@ptd.net April II, 2000 The Honorable Edward E. Guido, Judgc Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: Yost v. DeDartment of Transportation (No. 2000-131 Civil Term) Dear Judge Guido: Enclosed please find a proposed Order with respect to the above matter. If you have any comments or questions, please contact me. BLC/eew Enclosure ce: George Kabusk, Esquire (w/enc.) Rpr OS 00 07:S6a Nicholas&Forem~n 717-236-6602 p.2 J BERNARD L. COATES, JR. A'1'TO""N~ I'o.T ~'N 4I40Q NORTH FRONT STREET HARRISBURG, PA I 7 J I 0 PHONe (7 J 7) 232-7706 FAx (7 I 7) Z3e~6e02 blcjrlaw@ptd.net April 4,2000 The Honorable Edward E. Guido, Judge Court of Common Pleas of Cumberland County Cumberland CotUlty Courthouse One Courthouse Square Carlisle, PA 17013 RE: Yost v. DO (2000-13 I Civil Term Dear Judge Guido: This letter will confirm my telephone conversation of April 4, 2000 with your chambers wherein I indicated that my clicnt wishes to withdraw the License Suspension Appeal which he had previously filed with the Court of Common Pleas of Cumberland County. As a result, my client and I will not appear in your court on Friday, April 7, 2000 at 9:00 a.m. for the scheduled License Suspension Appeal. I have advised opposing counsel of my client's intentions by this letter and by a telephone message of the same date. If you have any questions, please contact me. a \ lam V. Yost Mr. George Kabusk, Esquire Ms. Linda Daggett Rpr OS 00 07:56a ~ ~- DATE: TO: FAX NO: FROM: FAX NO: Nicholas&Far~man 717-236-6602 .BE:.RNA.R.6~ L. COATE.S, ..JR.-. AnORNe:"r AT LAw 4.<:10Q NORTH FRONT' STREET HARRISBURG, FA 1'" I 10 PHONE: (7 I '7l Z~Z-'770e F....x ('7 1 7l -Z-.3e---SiSO'2. FAX COVER MEMO ~ 5j 2000 "7 's-O Q./Vl. TIME: ~:"'~~..J..- (?n) 2.'-+0.. (, '-I c., '- t3Lc..Jr L/Il) 2.31,,""'0'2-- 2 TOTAL NO. PAGES INCLUDE. COYER SHEET: v/)or ( 2-0 MESSAGE: ~ ~ d.vJ'~ ) 00. /3/ ORIGINAL WJLLNOTFOLl:OW "'/ORlGINAL WItLFOLLOW BY: ,/' MAIL OVERNIGHT COURIER HAND DELIVERY In me event ota problem, please notify: Bernard L. Coates. it.. Esauire (d) 232-7706 ****~******************************************** Tilt: informallOIl \,:onrained in tbis r,JcslmiI~ mt:'SsJ.ge is attorney prj,..i1egcd-and contidentla(infLJona[joo imenJt."J only for the use of the Lndjviduil[ or c:ntily named a_hove. ir_thc read.;:r ofthi,s messJge is not the intended recipknt, you.He h~r~by norifiedTn;JClny d..issemiIlatl0n_ dl:mibuuon iJ~ copy of this c.ommunil.:l1tion is .srri~tI~ prohibitJ:d. jryou have received this cornmunit.:';lt..ion in ~fror.-pJe.1se immedi.:Hely notify us by tckphonc-, COJlC'Ci and r~illrn thl.:- ori.~in.11 mcssaJ;:L:.tO us J[ the' abo\ ~ adcrc:'"5S ,-,iLl the l' .S. POJ;[.1! Service (we ,...ill reirnburs.C' pOSt;)g~) ill.1nJ.: you. p_ 1