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Home My WebLink About01-5270PATRICIA J. SLATICK APPELLANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF DRIVER'S LICENSE AND NOW COMES Patricia J. Slatick, Appellant, by and through her attorney, Kirstin M. Sweigard, Esquire and respectfully avers the following: 1. Appellant resides at 546 Bridge Street, Apt. 4, New Cumberland, Pennsylvania 17070. 2. Appellant was arrested for Driving Under the Influence on June 1, 2001 in New Cumberland, Cumberland County, Pennsylvania 3. On August 21, 2001, Appellant was notified by the Commonwealth of Pennsylvania, Bureau of Driver's Licensing that her license will be suspended for refusing to submit to a chemical test on June 1, 2001. A true and correct copy of the Notice is attached as Exhibit "A." 4. Appellant submits that she did not refuse chemical testing on June 1, 2001. 5. Appellant submits that she cooperated fully with the requests of the New Cumberland Police Department and that her actions did not constitute a refusal. 6. Appellant submits that she did not consciously and knowingly refuse chemical testing. 6. Appe'llant submits was not given any O'Connell warnings and was not informed that she would lose her driver's license for one year if she refused to take test. 7. Appellant was not informed that she had no right to an attorney. WHEREFORE, Appellant respectfully requests Your Honorable court schedule an evidentiary hearing on the matter. RESPECTFULLY SUBMITTED, Kirs'tin M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attomey for Appellant PATRICIA J. SLATICK APPELLANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Appellant, Patricia J. Slatick; 2. She is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Appeal are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of her knowledge, information, and belief; 5. She is award that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. RESPECTFULLY SUBMITTED, Kirs~in M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Appellant PATRICIA J. SLATICK APPELLANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States New Cumberland, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 RESPECTFULLY SUBMITTED, Kirst'in M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Appellant EXHIBIT A COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= AUGUST 21, 2001 PATRICIA JOAN SLATICK 546 BRIDGE STREET APT 4 NEW CUMBERLAND PA 17070 WID e 012266117447868 001 PROCESSING DATE 08/14/2001 DRIVER LICENSE ~ 10834803 DATE OF BIRTH 08/18/1940 Dear MS. SLATICK: This is an O~tctal Nat/ce o~ the Suspension of your Driving Privilege as authorized by Section 15q7 of the Pennsylvania Vehicle Code. As a result of your violation of Sect/on 15q7 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/01/2001: · Your driving Privilege is SUSPENDED ~OP a Pep/od o~ YEAR(S) e~ectlve 09/25/2001 at 12:01 a.m. WARNING: If you are convicted of driving while your I I license is suspended/revoked the penalties will be a I MINIMUM of 90 days imprisonment AND a ~1,000 fine AND I Your driving Privilege will be suspended/revoked for I a MINIMUM 1 Year Period I COMPLYING NITH THIS SUSPENSIOH You must return all current Pennsylvania driverms licenses, learner's perm/ts, temporary driver,s licenses (camera cards) in your Possesslon on or before 09/25/2001. You may surrender these items before, 09/2~/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER"S LICENSE FOR ZDENTZPZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 49.00. You must Present two (2) forms of proper identification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not Pecelve c~edit toward se~vlng any suspension unti~ ~e receive your ~lcense(s). Complete the following steps to acknowledge this suspension. 012266117~7868 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. You do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilegeo You must specify in your letter why you are unable to return Your driver"s license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2o Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner~s permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If You do not receive a receipt from us within 3 weeks, Please contact our office. Otherwise, YOU will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return* all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(~) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEF You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of Your driving Privilege. To Pay Your restoreticn fee, complete the f:llo~ing steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first Page) on the check or money order to ensure Proper credit. Follow the payment and ma/ling instructions on the back of the application, 0122~117~78¢8 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, AUGUST 21, 2001, of this letter. Zf you file an appeal in the County Cou~t, the Cou~t will give you a time-stamped cePtifled copy of the appeal. In order for your appeal to be valid, you must send this t/me-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 09/25/2001. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 PATRICIA J. SLATICK, Appellant COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5270 CIVIL LICENSE SUSPENSION APPEAL AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the LICENSE SUSPENSION APPEAL filed in the above captioned case upon Appellee, by certified mail, remm receipt requested on September 11,2001 addressed to: PA Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 and did thereafter receive same as evidenced by the attached Post Office receipt card dated September 13, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date KIRSTIN M. SWEIGARD, E~QUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Appellant · Cemplele items 1, 2, and 3. Aisc complete ~ 4 if Restricted Delivery is desired. · ~ your name and address on the reverse ac th~ we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. B. Date of I~ C. Signature X [] Ag~t SEP 1 3 Z001 OFFICE OF 3. s,~-'3Ui~3FI ' ~..Certlf~d Mall I-1 Expres~ Mail [] ~egista'ed [] Return Receipt for Mercha'~C~e [] Insu~d Mail [] C.O.D. 4. Restrfcted De~h~ (Extra Fee) . [:~ Yes PS Form 3811, July 1999 C~ ~ Receipt PATRIClA J. SLATICK APPELLANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF DRIVERS LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ,~/ ~' ~ day of ~ 2001, upon consideration of this APPEAL FROM DRIVER'S LICENSE SUSPENSION, it is hereby Ordered that a Hearing on the matter shall be held on ~"~d~ay of ~____ 2001,at_~; ~) o'clock ~ .m. in Courtroom No. ,~ of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time tha~ this Honorable Court resolves this appeal. COMMONWEAL OF PENNSYLVANIA BUREAU OF DRIVER LICENCING, Appellee PATRICIA J. SLATICK, Appellant IN THE COURT OF COMI~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5270 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ~D F RT AND NOW, this 30th day of November, 2001, after hearing, the appeal of Patricia J. Slatick from the suspension of her operating privileges is dismissed, and the action of the Department suspending those privileges pursuant to Section 1547 of the Vehicle Code is sustained. By the~ Edward E. Guido, J. George Kabusk, Esquire For the Commonwealth Kirstin M. Sweigard, Esquire For the Defendant it WRIT OF EXECUTION and/or A'I'rACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF cumberland To satisfy the debt, interest and costs due NO. COUNTY: Phy.~ ~ o~h~_rapy AssociG~ 0~-5~7(] CIVIL TERM CIVIL ACTION - LAW PLAINTIFF(S) from Albert J. Deitch, 39 Greenhill Road, Mechanicsburq, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property ol the defendant(s) and to sell T~-,,~ u[x3n all personal property of above-listed defendant at above-listed address including but not limited to defendnat vehicle - one 1985 Ford Sedan Model TGL, Vin ~ 1FABP22XXFK123429 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ~ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $~.5.30 Imerest from A=+~ n~ jn~? 7,/~7,/~0 Atty's Comm S32.27 A~y Paid $31.75 Plaintiff Paid L.L. $ .SO Due Prothy $1.00 Other Costs Date: January 24, 2001 REQUESTING PARTY: Name Rnh~- D. Kodak. Esq. Address: ~ Rnw ] ] 848 ~hn~g~ PA 17108 Attorney for: p'l ~ ne-~ Ff Telephone: '7~'7-~'~R-'7~ ~ Supreme Courl ID No. 3 RRZt'i Curtis R. Long Prothonotary, Civil Division Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SherifFs Costs: Docketing $ 18 Poundage 12.90 Advertising 20.00 Law Library .50 Prothonotary 1.00 Mileage 13.94 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee 121.34 ~, Advance Costs: 150.00 Sheriffs Costs: 121.36 .00 28.66 Refunded to Arty on 12 / 21 / 01 Sworn and Subscribed to before me this }'~ day of ~ ptto~onotary So Answers; R. Thomas Kline, Sheriff