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Home My WebLink About00-02040 - ~- -"-'cc . - -. . -", ',,~~ ,~ ""-';, .,'"-j,. "~.-- -- '-' -"'''''''", ANDREW NORRIS MUZA 4603 Hampden Avenue Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. &0 . c20t/t/ ~ v. COMMONWEALTH OF PENNSYLVANIA: CIVIL APPEAL LAW DEPARTMENT OF TRANSPORTATION : APPEAL FROM LICENSE SUSPENSION AND NOW this ORDER '1-t9\ day of ~, 2000, upon presentation of the attached Petition and upon the Motion of Matthew R. Gover, Esquire, attorney for the Petitioner, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending the driver's license of Petitioner should be set aside. Moreover, it is hereby ordered and decreed that no suspension shall occur until a hearing has been held and this court makes a final determination of the Petition contained herein. A hearing in the within matter is scheduled for 7/Jt.1 ;{ Cf ' 2000, at ;:30 o'clock, in courtroom no. d- ,Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. It is further noted that the attorney for the Petitioner shall notify the Department of Transportation of the hearing date, forthwith and shall provide the Department with a copy of this Petition and Order. ~~J 'I-7-() b "R~S Iiii_ "'.cc . ,"'- --"-thli;"~'-o- -..;,.i,:~~;~.;-,;,-,,-~,y .... '._''';,;;,-_~,",,;_-" <>,,_-,"0,-,;;., liiNVS1ASNN3d t t ""fiG (1'!' ._c :.__"'1"'-' {U..\ I.)r ,,)u' ,f\< ~~-i=1~rr 11J i U:2 l:(~ L - (~(rJ 00 ,~-'" .".,.-}-'... - - -...., ~ - ~. "".- . ."--~. :;i ANDREW NORRIS MUZA 4603 Hampden Avenue Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Hi - :2O'1D ~ ~ v. COMMONWEALTH OF PENNSYLVANIA: CIVIL APPEAL LAW DEPARTMENT OF TRANSPORTATION : APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES AND NOW, comes Andrew N. Muza, by his attorneys, Nealon & Gover, and presents the following Petition for appeal from suspension of his driving privileges: 1. Petitioner is an adult individual who resides at 4603 Hampden Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Your Petitioner is licensed as a motor vehicle operator by the Commonwealth of Pennsylvania, Department of Transportation. 3. By office notice, dated March 9, 2000, your Petitioner received notification from the Commonwealth of Pennsylvania, Department of Transportation, that his driving privilege was to be suspended for a period of one year. The official notice found a suspension based upon an alleged refusal to take a chemical test on January 28, 2000. (Attached as Exhibit "A" and incorporated herein by reference thereto is the notice received by your Petitioner.) 4. Your Petitioner did not refuse the test. 5. To the contrary, the efforts of law enforcement officials were arbitrary and capricious in judging his conduct as a refusal. 6. Further, your Petitioner specifically asked for a test on more than one occasion. '''', vc..-__"'._,- > >' -. ~~-' ,,';'e, "-~ , ~''', " -";'--,-"C;,,_ ,.t+JE !f 7. At all times materials thereto, your Petitioner was ready, willing and able to I 1: r I' I Ii I ii I, ii I I; I; take any test offered by law enforcement officials. 8. Based on all the foregoing circumstances, your Petitioner requests that this Honorable Court prohibit the Department of Transportation from suspending his license for WHEREFORE, your Petitioner, prays this Honorable Court pursuant to 75 Pa.C.S. 'i; i~ ii; i~ ,,- it If it: i~ I Ii !~ " if: '1. a period of one year. ~1550, to schedule a hearing upon his appeal from the suspension of his driving license privileges and, upon hearing testimony, to vacate the one year suspension as imposed by the Department of Transportation. 1; COUNT II " :1' 9. Paragraphs 1 through 8 are incorporated herein by reference thereto. 10. The arrest and request for a blood alcohol test by your Petitioner was illegally obtained. 11. The Officer did not have probable cause to arrest the Petitioner or request the submission of a blood alcohol test under the circumstances. WHEREFORE, due to the illegal arrest of your Petitioner, it is respectfully requested that the suspension requested by the Department of Transportation by vacated. Respectfully submitted, Matt ew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 Date:~O ~LWi!;j. - '~~'> COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 09, 2000 ANDREW NORRIS MUZA 513 SPRING HOUSE RD CAMP HILL PA 17011 000626112269676 001 03/02/2000 23887584 05/02/1976 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 01/28/2000, your driving privilege is being SUSPENDED for a period of 1 YEARCS). 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, 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 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, Credit will not begin until all current driver's license productCs), the DL16LC Ferm, ora-I-etter acknowledging 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 effective date of suspension is 04/13/2000, 12:01 a.m. ******************************************************************** 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 ******************************************************************** -- ~ , i ~-.""l,,\oc' 0006261122696 76 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, MARCH 09, 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 " ,.~ ,. "_, '__ _~"_ _,__C~~_" ,- ----".', -~-- ~':,,~ - k '." - " '-"~- . " -', '-, - '~' - -" " , ,,, ",' ',j'-'-~""""j ,~ !- ,', ""-.' -- -' '- , I 'c1 VERIFICA liON I, Matthew R. Gover, Esquire, attorney for the Petitioner, verify that the statements made in the foregoing Petition For Appeal From Suspension of Driving Privileges are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA ~4904 relating to unsworn falsification to authorities. ~.rzD)~k Matthew R. Gover, Esquire ~. .. ,- , ~ - "'_<-_~~" '~,c':",,',,-,; :'__''',' --,_ :J m;,',J1 I CERTIFICATE OF SERVICE " I I l " :I i I J! " Iii 'I J I II I I I I I AND NOW, this ~~ay of April, 2000, I hereby certify that I have served the foregoing Petition for Appeal from Suspension of Driving Privileges on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 iM"~,.f-1 Matth R. Gover, Esquire . '" " ~ ,-~, - ",~ ,~,>o~,- _ _,_ c' .''' . ,,, ''-.'-'' ,. ."'.0. - ~" , ,__ ~__", .~',~ .'-"'C"-"_ ;,,,.~,,l' - "0;',,','< " '~;i',c, ',."" ~ ~':-, ;,_. /~.'" -". . " . ANDREW NORRIS MUZA 4603 Hampden Avenue Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2040 v. COMMONWEALTH OF PENNSYLVANIA: CIVIL APPEAL LAW DEPARTMENT OF TRANSPORTATION: APPEAL FROM LICENSE SUSPENSION PRAECIPE TO THE PROTHONOTARY: Please discontinue the appeal filed in the above-captioned matter. Respectfully submitted, NEALON & GOVER Mat ew R. Gover, Esquire Attorney 1.0. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 Date: _ r.'.-. '_."4.,~.. !!lI_ .. &,..liiI"1 ~..,,"-~.~~tl'" ..," ~" .-- ~--' , 0 0 0 C 0 -n s:: , -00.::; C rn-, ~ Zl', ~!: :C 2T U) -I'm ci5''Y 0 ill~ -<~_. r'f" :< .> .....,'; Pc zd ~ "-.:>-0 W "':"-'rn Pc 0 Z -, =< :::> ~ w ': . _ _~. A"__." " '"~ ,"', <"." <i I Ne.!I\on r,J.... ':~ ..... ever ~.XITAw 301 MARKET STREET' 9m FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717)232-9900 FAX, 1717) 236-9119 June 14, 2000 JAMES G. NEALON, ill MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGIIT The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: Commonwealth v. Andrew Norris Muza Criminal 00-0696 Dear Judge Bayley: Please be advised that my client has executed a discontinuance of his appeal and forwarded it to the attorney representing the Department of Transportation. He does not wish to pursue his appeal and has been advised of his rights. Counsel for the Department of Transportation intends to represent this to the Court at the time of the scheduled hearing on June 26, 2000, at 1 :30 p.m.. To the extent the Court would require anything further from my office, do not hesitate to contact me. :&r;Z1ffi~ Matthew R. Gover NEALON & GOVER MRG/slf cc: Andrew Muza George H. Kabusk, Esquire