The URL can be used to link to this page

Home My WebLink About00-00722 -~! TERRIE LEIGH CUPP Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. .;2000- 7~ (!LU~L/~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent ORDER AND NOW, this /0 ~ day of \tIf",L~./L("{LV7 Aj- ,2000, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the /~ day of ~ ;;;.OO~ at q ~ t5C> o'clock, in Courtroom No. L, Cumberland County Courthouse, Carlisle, Pennsylvania, Notice of said hearing shall be given to the Department of Transportation by certified mail by Petitioner's counsel not less than 60 days prior to the date of the scheduled hearing. By the Court, I -/I JJ.- J. ~~ d-/'/'OO R K..3 ~ .I ^,- I;'"~ "" FllJD-O):FiCE Tc_'r:" :')r'crn-irJl'lQTAF1Y 00 FER I 0 P/o'1 .,. ',I, o ~ ...J' ,. -j CUMbEHU\;\U CUUr~TY PENNSYLWINi!\ ,- ~=~p"" ,"'I~~~~',': r.,.-,'-4"-,d,,~. N .~~i. ~"IIl!Hm~~~~ ~_ ~~'H "" 0" ~ TERRIE LEIGH CUPP Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent LICENSE SUSPENSION APPEAL AND NOW, this L/-ih day of February, 2000, comes Terrie Leigh Cupp, through her attorneys, Mancke, Wagner, Hershey & Tully, who respectfUlly represent: 1. Your Petitioner is an adult individual residing at 2260 Old Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Petitioner received notice from the Department of Transportation concerning license suspension for alleged chemical test refusal pursuant to ~1547, a copy of which is attached hereto and made a part hereof as Exhibit A. 3. Your Petitioner believes that said license suspension is illegal, unjust and improper for reasons which include, but are not limited to, the following: a. Your Petitioner did not knowingly and intelligently refuse to take a chemical test; b. Your Petitioner did not knowingly understand that she would be receiving a one year loss of license as the result of an alleged refusal; c. Your Petitioner was misinformed and/or inadequately informed as to the consequences of a refusal and/or the rights that she had or did not have concerning the chemical test refusal; d. Your Petitioner did indicate that she would take a chemical test but was denied the opportunity. - ~ I. . WHEREFORE, Your Petitioner prays Your Honorable Court to schedule a hearing to determine the validity of the license suspension outlined in Exhibit A. Dated: ~ -4-{fJ John . Mancke, Esq., 10 No. 07212 Manc Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner ,'^ I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ;}pz -d:s" - ct? Date ~~47 ",-..,- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 17, 2000 TERRIE LEIGH CUPP 2260 OLD HOLLOW RD 000106102780247 001 01/10/2000 21419426 11/17/1967 MECHANICSBURG PA 17055 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 12/31/1999, your driving privilege is being SUSPENDED for a period of 1 YEAR(S}. 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 (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, yOU are 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 1571(a}(4} of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if yOU do not surrender your license, Credit will not begin until all current driver's license product(s}, the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECE IVES 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 effective date of suspension is 02/21/2000, 12:01 a.m. .1 ~~ ******************************************************************** IWARNING: If you are convicted for driving while your license is I Isuspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I ***********************x~xx~x~xxxxxxx******************************* ~ EXHIBIT " w ~ ~ A- i;; -' ~ <( ~ .- """ - ~"~J " """~~" 000106102780247 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, JANUARY 17, 2000. If YOU file an appeal in the County Court, the Court will give YOU a time-stamped certified COpy of the appeal. Send this time-stamped cer- tified 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 717-391-6191 i ~(}d - >- en ~ cr" ., ,-~- :,~ 6 C' C"': -') , C);f (~_::'( (~!.~ r- '--:" >- U) .~')Z ~. r.~l ;~-g~ LL.l lJ.._ -..:;.: ;;:-; I~) :~J ~, (:) U ~~ <i~ ~ . " WE DO HEREBY CERTIFY THAT THIi:: WITHIN IS A TRUE AND COR. RECT COPY OF THE ORIGINAL FUD IN THIS ACTION BY '-- 0'" Q 0'-- ~ ~ ~ f'vJ v,' 11 i YSri. \ LAW OfFICES a:>- w ..J ~ 0 Z ...J w..... Cl ::> ~ ~ <(I-.~ m I- <( ~ S o(j ~ [L :s .. >- ~ g $: w w ~:l ~ l<: I 0 m () (J) ~ ~ z a: ~ <( <( W N l: ~I . " ro YOU ARE HERESY NOTIFIED TO FILE A WRITTEN RESPONSE "[0 THE ENCLOSED -', ~~I~E W~ ~W f~1to o~ MAY BE ENTE~ AGAINST YOU '" FEe A"OR"," - 9 200~\j ATTORN~ MANCKE, WAGNER, HFRSHEY & TULLY . .~ J . -, i TERRIE LEIGH CUPP Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-722 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent ORDER AND NOW, this /1.... day of f'~"t , 2000, it is hereby ordered and decreed that the hearing previously scheduled forApril13, 2000 at 9:00 am is continued to the 17th day of April 2000, at 10:00 o'clock, in Courtroom No, 4, Cumberland County Courthouse, Car1isle, Pennsylvania. Notice of said hearing shall be given to the Department of Transportation by certified mail by Petitioner's counsel not less than 60 days prior to the date of the scheduled hearing. By the Court, J. .!I.-Il-OO 1? J-{ 3 ~.*." "q,,,;,"-,.i.~-~-, ,~ ' ~..~-""W~~....... ' F:j!_tD--Of-FiCE '"' ", ,- . ,"/,-," ''-1' fJT'"'Y C),:" I ;":!- -',.il "",..:';1, If-Vi nn ~~n I" uL f"i:.D 0 PH 3: 41 0, i!,;,;;:,:; /'I\'i)' r'U"U'1lY C'...JI.,.;!....',,1 iW,,'h V 1'1 PENNSYLV,ANIA .' -,," ,~ i- - .~, 0:-' TERRIE LEIGH CUPP Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent I "~i : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-722 Civil Term PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL Please mark the above-captioned license suspension appeal withdrawn. DaIs'}! 1'1/7;0 R ncke, Esq., 10 No. 07212 , agner, Hershey & Tully 2233 . ront Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner ~ N ~ ..:f E N :::J~ ~~, :c 8~ 0- -- 15r.::. o~ ~O In Z Doc :5z UJ,c,- a:z ~1.l.J c:r::: llii5: ~r: .... 1-' :c :::iE u.. 0 :::J 0 0 (.) ;;: ~ WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COpy OF THE ORIGINAL FILED IN THIS ACTION BY . ATTORNEY MANCKE, WAGNER, HERSHEY & TULLY LAW OFFICES 0:' >- W ..J \;; ~ Z -I w... (!) ::> ~ ,... (}J<(t-~... ~S~~~ l5 >- II. " B{~U Ucn~~ Z II: ~.:( <(W"~ ~I ~u ARE HERESY NOTIFIEt! TO FILE A WRITTEN RESPONSE TO THE ENClOSED ~;WI~E ~~~T;j, W f~t~:':E~~ MAY BE.~tfEAED AGAlt;STVOU " ATTell""