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Home My WebLink About00-06061 ,. ~, ;', - ,- .""~~-;7'H;_. " . COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA Respondent : CIVIL DIVISION v. : STATUTORY APPEALS : No. S.A.,JoOO- (pot; I CHESTER 1. V ALENCIK JR, Petitioner. ORDER OF COURT \ AND NOW, this I fJ-' day of /1~ ,2000, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE, it is hereby ORDERED and ~ day of ~ ,2000 at DECREED that a hearing be held on the ,: 30 o'clock Lm. in Courtroom No. A of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. { Pennsylvania Department of Transportation; Office of Chief Counsel; 3rd Floor, Riverfront Office Center; Harrisburg, Pennsylvania 17104-2516 (' C~_7-(jO p,i,:> J, . Distribution: The Law Offices of Paul Bradford Ou, 50 East High Street, Carlisle, PA 17013 Paul Bradford Ou, Esquire &\ ,. " ~i " ~~~ . ,~,' ._"~ "~, "",,' ~'" ,"' - .,'~ ' ,.i" , , 2: CUll. i~~,~:.; :;,<" -:---.) C{)L..rNTY h.::;\ih16Yi v:' ~\ll (', -.',ll"i ~"~l-^--' ~ ",~_~Wi~1'~~!\W'~I!;j~J'I!~'$!!N~~~~"}~am:t:. '"'-'"Jritld ~-'"', ~~ " , ' , iJ'iUiiiliI~"", " .. COMMONWEALTH OF PENNSYLVANIA ; IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, ; CUMBERLAND COUNTY, PENNSYLVANIA Respondent ; CIVIL DIVISION v. : STATUTORY APPEALS tH>- f.,o(, f r>'.. n I.u-- :No.~. ~ CHESTER L.V ALENCIK,JR, Petitioner. PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE TO THE HONORABLE JUDGES OF SAID COURT: 1. Your Petitioner, Chester 1. Valencik, Jr., is an individual residing at 5108 Inverness Drive, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania 17055. 2. On or about August 7, 2000, Petitioner allegedly received a Notice from the Pennsylvania Department of Transportation notifYing him that his present operator's license, bearing card number 13858871, was being suspended for a period of one year effective September 8, 2000. A true and correct copy of said notice is attached hereto, made a part hereof and marked as Exhibit "A." 3. Said suspension arises out of the Petitioner's alleged chemical test refusal occurring on May 27, 2000. 4. The Notice of Suspension dated August 4, 2000, is insufficient as a matter of law and violates due process under the Pennsylvania and the United States Constitutions. 5. Said suspension is not supported by evidence and is erroneous as a matter of law. 6. Said suspension is unconstitutional in that it violates due process and equal protection under both the Pennsylvania and the United States Constitutions. ,~- , ' ,',': ':...:;;..1"-__ "O""r:M'iilN" 7. Said suspension is contrary to law in that the officer was without any reasonable grounds to believe that the Petitioner was either under the influence of alcohol or a controlled substance or was involved in an accident in which the Petitioner was the operator or passenger of any vehicle involved or a pedestrian requiring medical treatment or any resulting fatality. 8. Said suspension is also contrary to established case law in that the Petitioner was never warned that his refusal to submit to a chemical test might result in license suspension. 9. Said suspension should be automatically stayed upon the filing of this petition and upon timely notice to the Department of Transportation. WHEREFORE, your Petitioner respectfully requests that this appeal be granted and, in the interim, that this Honorable Court enter a stay of Petitioner's operating privileges pending this appeal. .~ 5' (X) espectfully Subm' ~ DA E Paul Bradford 0 ,Esquire Attorney for Petitioner The Law Offices of Paul Bradford Orr 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court LD. # 71786 M' ," J, lii "0'0 OJ, ';1: VERIFICATION I, the undersigned, verify that the statements made in the foregoing PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ?/~6 aL Chester 1. Valencik, Jr. Petitioner ,.--. -"'~., .;' ',.k"' " ..-', ,.,'., :--,,,,,~n._ .'<"~" _,';i~""A'~,,;"', -- ,'r'.' ~ ~ CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of Petitioner's PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE was served via first class certified mail upon the following: P A Department of Transportation Office of Chief Counsel 3cd Floor, Riverfront Office Ce r Harrisburg, PA 17104-2516 DATE: ct506 ,- , - - - '- ~' ...,,"" ~,--" . ,;~ ,. .f'::-I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 04, 2000 CHESTER L VALENCIK JR 5108 INVERNESS DRIVE MECHANICS BURG PA 17055 002106112445047 001 07128/2000 13858871 11/24/1949 Dear Motorist: As a result of your violatipn of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on OS/27/2000, 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 f~r 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 -,,,p,r,o,duct(s)-I'--t~--DLI-6'L'C Form, or 'a letter 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 09/08/2000, 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 ******************************************************************** 17 [+h/ hi! . , ~- - ,";;,,' , . .~ , 002106112445047 , - - ~< l.l'&l' 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, AUGUST 04, 2000. If YOU file an appeal 1n the County Court. the Court will give yOU a time-stamped c:ert:if:ied c:opy of the appeal. Send ,this time-stamped cer- ,_____tifiedcDpy o,f_th.e...app,eal. by certifi.ed 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 .;r ~C'_ ~ 1'_ i. ,J < ~ .-" ~ .. .' '-'-~,~i CHESTER L. V ALENCIK, JR.; . , PETITIONER IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6061 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this 2:Z- day of ~ 2000, upon motion by the Department of Transportation, the hearing in the above referenced appeal is continued and rescheduled for the 12th day of Februarv, 2001 at 2:00 p.m. in Courtroom Number 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Distribution: George H. Kabusk, Esquire, Department of Transportation, Riverfront Office C nter- 3rd Floor, . 1101 South Front Street, Harrisburg, PA 17104-2516 . C\ \ Paul B. Orr, Esquire, 50 East High Street,Carlisle, PA 17013 .. . 1'\ ~ . . . . . . L d'l\JJP I) /I.()O . ' u~ 1\' ~~, f(.~?J J. ~ - Ii 1:1 i', rl l' l8JII_"~ ~~~-~.~ .~-~ . ~,' ~ ~~, '0'"\ v,,'ii '."~ t:,'". [c j" ,~ -" 'I' c:\ j .., ~ . '" "',,,' ::":{"\'l\NTY C"! ",ii,"':,.' """..! ,...j...Jl '0 'IV ~~;:-\~~~\f~\l;.I-'\l,r\t\j\/\ \-'J.:l\4!'v \.-., " -,.,. ~ W:;~~"~'~,,*,-lb~""''i-~t~KNW;W;~~'f~!~~\!;iI!I'W*\l~~~-' I,. '<JlII..M,~" - ~" ,..c.., ~ ,: 'I . CHESTER L. V ALENCIK, JR., PETITIONER IN THE COURT OF. COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6061 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, . BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Chester L. Valencik, Jr., O.L.N. 13858871, a notice dated August 4, 2000, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on May 27,2000 his driving privilege was being suspended for a period of one year. 2. Mr. Valencik filed an appeal of the above mentioned suspension. 3. A hearing in the matter is scheduled for December 4, 2000, at 1 :30 p.m. in Courtroom No.2, Cumberland County Courthouse, Carlisle, P A. 4. The undersigned and all attorneys in the Department of Transportation, Office of Chief Counsel, Vehicle and Traffic Law Division, are required to attend the General Counsel meeting scheduled for December 4, 2000 and, therefore, will be unavailable to appear at the hearing to ~, ..---~- .........~- ~"'iIif; . represent the Department of Transportation. 5. The undersigned respectfully requests a continuance and the case be scheduled at a later date. 6. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehic1eCode. 7. The undersigned counsel contacted Paul B. Orr, Esquire, attorney for the petitioner, and Attorney Orr indicated he has no objection to the granting of a continuance in this matter. WHEREFORE, the Department respectfully requests that its Motion For Continuance be granted and that the aforesaid hearing be continued. Respectfully submitted, George H abusk, Esquire Assistant Counsel . Office of Chief Counsel Riverfront Office Center 11 0 1 South Front Street. Harrisburg,PA 17104-2516 (717) 787-2830 Date: November 22, 2000 ...........: ". I ." , -,'~" ~.; . CHESTER L. V ALENCIK, JR., PETITIONER IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6061 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, .. BUREAU OF DRNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION. I verifY that the statements made in the Motion for Continuance are true and correct. I understand that false statements aremade subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. George H. usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg,PA 17104-2516 (717) 787-2830 DATE: November 22, 2000 ,- " '.c. -., --"'"...,~-- -^ ~, i , . , . CHESTERL. VALENCIK, JR., PETITIONER IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6061 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, . BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Paul B. Orr, Esquire. 50 East High Street Carlisle,P A 17013 oOO~~~ Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 , . (717) 787-2830 DATE: November 22,2000 " . "- ""- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHESTER L. VALENCIK, JR. 00-6061 CIVIL TERM ORDER OF COURT AND NOW, this 1'1- day of February, 2001, this matter having been called for a hearing on the appeal by Chester L. Valencik,Jr., from the suspension of his operating privilege by the Department of Transportation, and defendant having withdrawn the appeal, the appeal IS DISMISSED. By the Court, Edgar B. Bayley, J, / George H. Kabusk, Esquire Office of Chief Counsel Vehicle & Traffic Law Division 1101 S. Front Street Harrisburg, PA 17104-2516 Paul Bradford Orr, Esquire For Appellant :I' {'\ () \ Vo..:{'j~ :saa :. ,'I cl=\' \':) \) " \' .......1 Pl,''-' " \ ~ . ::.t,1 \.. . . "c\\)\ti'i ""'<> ;,:,>'~'~ V-- n' \,,~(,,(;,\;,.J "';{' ,,'.,\\l\ Vv,' ",-""" \ ~r'\\ rc.\'\\'\;> - ~,. - ^~~ , ~.~" '.f ~--,~~ [,1!!Wl'I 'I~' >'. "~ '" "~ '1' ,=~~~,"'~ - ~ . " I'