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Home My WebLink About03-1810JAMES R. TRAYLOR, Petitioner Ye : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. COMMONWEALTH OF PA : DEPT. OF TRANSPORTATION,: Respondent : CML ACTION--LAW LICENSE SUSPENSION APPEAL PETITION FOR LICENSE SUSPENSION APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 2~ day of April, 2003, comes the Petition, James Traylor, 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: 1. Petition is an adult individual residing at 23 North Queen Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Petition received a Notice from the Department of Trans~rtation, dated March 24, 2003, notifying him that his present operator's license bearing Card No. 20633355, would be suspended for a period of one (1) year, effective April 28, 2003. 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 Petitioner's alleged Chemical Test Refusal on February 15, 2003. 4. Said suspension is illegal, unjust, not supported by the evidence, and erroneous as a matter of law as indicated below: Petitioner did not refuse the chemical test; Petitioner was not advised as to the certainty of the suspension; Petitioner did not receive the Implied Consent Warning; Petitioner was not properly advised as to the manner in which testing was to be conducted; (e) Petitioner did not understand his rights under the law, nor were they explained to him; (f) Petition could not agree to take the test under the circumstances in question. 5. Said suspension should be automatically stayed upon the filing of this Petition 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 the suspension of Petitioner's operating privileges pending this Appeal. Dated: April 2.1 , 2003 Respectfully Submitted, ~for Petitione-U 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112 (717) 541-1129 (phone) (717) 541-1527 (facsimile) SPINNAKER INC ?17 93~ 5~0~ P. 01 NAR--27--200~ 18:18 AM R TRAYLOR QUEEN ST SHIPP[NSBURG PA COMMONWEALTH OF pENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Hail Date: MARCH 24, 2003 17257 WID # 030766111120422 001 PROCESSING DATE 03/17/2003 DRIVER LICENSE ~ 23838972 DATE OF BIRTH 10/04/194b O'ear ~'.' TRAyLOR: This is an O~fictai Notice of the Suspension of your Driving Privilege as authorized by Section 1547 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 02/15/2005: · Your driving privilege is SUSPENDED for a perlod of YEAR(S) effective Oq/ZS/2005 at 12:01 a.m. *********************************************************** WARNING: If you are convicted of driving while your 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 I a MINIMUM I year period [ *********************************************************** COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driverbs licenses (camer..a ....... . ........ c. ards)~-l~*--Four 'pb-ssession on or before 0q/28/2003~ ...... Y0-u may surrender these items before, 04/28/2003, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER"S LICENSE FOR ZDENT~FZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. 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 receive credit toward serving any suspension until we recelve your [icense(s). Complete the follow~.ng steps ~o acknowledge this suspension. MAR--2?--2003 10:10 AH SPINNAKER INC 717 933 5305 P.02 0507&6111120~22 1. Return ail current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. 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 68695 Harrisburg, PA 17106-8693 2. 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. [f 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. $. If you do not return ali 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 FEE You must pay a restoration fee to PennDOT to be restored from a..suepen.sion/.revocation of your driving--.~r-i-~i-~ge-;*'To' pay your restoration fee, complete the following steps: l. 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 mailing instructions on the back of the application. MAR--2?--2003 18:11 AM SPINNAKER INC 717 933 5303 P.03 03076&111120~22 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil D/vision) u/thin $0 days of the mail date, HARCH 24, 2005, of this letter. Zf you file an in the County Count, the Count wtll give you a time-stamped cen~t~led c~¥ o~ the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation .... OffJce...of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710~-251& Remember, this is an OFFZC/AL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by Sincerely, Rebecca L. Bickiey, 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 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS w~w.dot.state.pa.us 1-800-228-0676 717-$91-&191 JAMES R. TRAYLOR, Petitioner COMMONWEALTH OF PA DEPT. OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION--LAW 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 statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904, relating to unswom falsification to authorities. Dated: April 9.~1 , 2003 Respectfully Submitted, ~ P~t_ition.er _ ~ Forest Hills Drive, Suite 37 Harrisburg, PA 17112 (717) 541-1129 (phone) (717) 541-1527 (facsimile) JAMES R. TRAYLOR, Petitioner COMMON~/EALTH OF PA DEPT. OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION--LAW : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Bernard L. Coates, Jr., Esquire, hereby certify that I have this ~-/~'day of April, 2003, served a trued and correct copy of the foregoing License Suspension Appeal, via First Class, postage pre-paid U.S. mail, to the person(s) listed below: Commonwealth of Pennsylvania Department of Transporafion Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Harrisburg, PA 17112 (717) 541-1129 (phone) (717) 541-1527 (facsimile) Dated: April 2{ , 2003 JAMES R. TRAYLOR, Petitioner COMMONWEALTH OF PA DEPT. OF TRANSPORTATION, Respondent :NO. ~ /~/~ ~ : CIVIL ACTION~LAW : : LICENSE SUSPENSION APPEAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORDER AND NOW, this ,,2r~( day of .'~. v,~ x_,_ , 2003, IT IS ORDERED AND DECREED that a hearing in the above-captioned License Suspension Appeal will be held on the day of J/-~ of ~.Z~.~. , 2003, at q; .~ o'clock in Courtroom No. fi( of the Cumberland County Courthouse. This document will also act as a supersedeas to the license suspension proposed in the Department's letter dated March 24, 2002, herein attached as Exhibit "A." BY THE COURT / 3AMES R, TRAYLOR, Petitioner v COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 03-1810 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: APPEAL WITHDRAWN ORDER OF COURT AND NOW, llth day of August, 2003, this matter having been called for hearing, on motion of the appellant, the within appeal is deemed withdrawn and dismissed, and the license suspension reinstated. By the Court, Hess, 3 · George H. Kabusk, Esquire Pennsylvania Department of Transportation For the Commonwealth Bernard L. Coates, Jr., Esquire For the Defendant :bg John A. Statler, Esquire Atturney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Jessica L. Freedman ROBIN J. PARKER, as Executrix of The ESTATE OF DEANNA E. MILLER, Deceased, Plaintiff V. JESSICA L. FREEDMAN and JACK R. ANDERSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2098 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.27 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) No objection to the subpoenas has been received; and 4) oflntent. DATE: 98650.1 The subpoenas to be served are identical to the subpoenas attached to the Notice By: ~ A. tS~ler,~Es '~ Attorney I.D. No..43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SI'HPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Jessica L. Freedman ROBIN J. PARKER, as Executrix of The ESTATE OF DEANNA E. MILLER, Deceased, Plaintiff V. JESSICA L. FREEDMAN and JACK R. ANDERSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-2098 CIVIL TER1VI NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: ROBIN & PARKER, as Executrix of The ESTATE OF DEANNA E. MILLER, Deceased, Plaintiff DAVID H. ROSENBERG, ESQUIRE Handler, Henning & Rosenberg, LLP 1300 Linglastown Road Harrisburg, PA 17108 Attorney for Plaintiff PLEASE TAKE NOTICE that Defendant Jessica L. I reedman intends to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: "~/~- ~- /03 By: GOLDBERG, KATZMAN & SHIPMAN, P.C. John A. Sta~ler,27~E~sq.~uir~ - Attorney for Defendant TO: Milton S. Hershey Medical Center: Copies of all hospital records, emergency room records, treatment records, surgical records, MRI reports, CT scan reports, nurses notes, trauma records, consultation reports, EMT or paramedic records, Life Lion/helicopter treatment records, toxicology records, test results, progress reports, admission and discharge summaries and all other records pertaining to any care or treatment ever rendered to: DEANNA E. MILLER; DOB: 4/12/84. ROBIN J. PARKER, as E~ecutrix of The ESTATE OF DEANNA E. MILLER, Deceased, Plaintiff JESSICA L. FR~JMAN and. JAC~ R. ANDERSON, Defendants File No. 03-2098 Civil Term -.~ TO PROOUCE DO3,X~NTS OR THIN~¢~ FC~R O!SOOVER¥ PURSUANT TO I'~.ILE 4009.22 TO: ~OLDEN CORRAL, 6476 Carlisle Pike, Meck~n{.sbur§. PA 17055 (Na~e of Pecso~ oc Entity) Within twenty (20) days afte~ s~'vice of this sub~aa, yo~ a~eo~de~ed by the cou~t to O~x/uce the following docunents o~ thjn~s: COpies of all ~ork records, employm.nt records. W-2 forms. 1099 forms, attendance r~cords, applications for emDlo ent -t-e~~6?a~an a n ........... -- ym · disciplqnary ~ords, ~ ............ uu pertaining otb-any emp oymen o at Coldberg. Katze~n & Sh/pman. P.C.. 320 W~rket Street. P.O. BOx 1268. Rarrisbur§. PA -- (ddd~ess) You may delive~ o~ mai; legible cooies of the doctrnents this subiwoe~a, to~ethe~ with the certificate of oa,o]iance, to the pa~tymakin9 this mequest at the address listed above. You have the .i~ht to seek in advam, ce the reasonable cost of pnepa~in9 the co~ies oc Producing the thinss souDht. if you fail to pmoduce the docune~ts oc thirds nequined by this subpoena within twenty (20) days afte~ its service, the ~amty se~vin~ this sub~'la may seek a count omde~ con15e]lir;g you to c~uly with it. THIS SUBPOENA WAS ISSUED AT THE RH~J~$T O~ THE FOCLoWIN~ PERSON: NA/4H: John A. Statler, Esquire a~._32D_~arket Street P.O. Box 1268 TELEPHOt4E: (717) 234-4161 SUPREINEOOURT ID ~ 43812 A~-~O~y FOR: ])~f~ndnnt Jess/ca L. Free&~ OATE: Seal' of the Oour. t 8YTHEo3~RT: Proth6~otemy/Cle?k, Civil Division O~puty (Eff. 7/97) · O~t43hT~M~TH O~' PENIqSYLVANT_A O00NI~ OF ~ ROBIN J. PAIGiER, as Executrix of The ESTATE OF DEANNA E. HILLER, Deceased, Plaintiff JESSICA L. FREEDNAN and.!~ACK R. ANDERSON, Defendants : File No. 03-2098 Civil Te~m ~S~_/6POF_K~ TO PI~XJCE ~NTS OR THIN~; FOR DI933VERy PtRSUANT TO Rt~L__~ 4009.2? TO: EAST PENNSBORo SCHOOL DISTR~CT, East Pennsboro NAddle School, 529 North Enola Drive, (Name'--Person o~- Entity) E~PA Within twenty (20) days afte~s~vice of this subpoena, you a~eo~de~edby the court to produce the fo]lowing documents o~ things: Copies of all school records, attendnuce records, disciplinary records, IiPs, couselin~ records, crim_/nal records, grade reports, suspension or der ~nri~r ~rds-,-aIm~ . , all other records ertainin to the follo~ri : DEANNA E. ~ LLER; DOB: 4/12/84 recoru~aUdat ~Katzman & Shipmn~, P.C., 320 Narket Street, P.O. BOx 1268, Harrisburg, PA (Address) You may de]ive~ o~ mai] legible cooies of the doct4T~_nts o~ produce things requested this subpoena, togethe~ with the certificate of oomp]ia~ce, to the Pa~tymakin9 this request st the addce~s listed above. You have the right to seek in advance the reasonable cost o~ prepa~ing the copies o~ p~Oducing the things sought. If you fail to p~oduce the doctments oc things ~equ~Ped by this subpoena within twenty (20) days af[e~ i~s service, the panty se~vincj th~s subpoet-la may seek a court o~de~ c~ellir:g you to cc~3ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FCLLOWlNG PERSON: NAJ~E: JolmA. Statler. Esquire ADOR----, GOldberg. Ka~.~,, e ~b~l~e~~ ~._32-~L~Jar~t Street P.O. 1268 TELEPI-t3t{E:_(717) 234-4161 SUPREI~ ID # 43812 ATTOOJqEy FOR:J)ef~ndant Jessica L- Free~-~-~,. OATE :_ __ .. Seal of the BY THEOOURT: Protl~Sr~ta~y/Cle~k, Civil Division Deputy (Elf. 7/97) CERTIFICATE OF SERVICF~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing Interrogatories of Defendant Jessica L. Freedman for Answer by the Plaintiffupon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ,] [ TL4 day of .~ \ ~ b~3 ~ ,2003, addressed to the following: David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 Mr. Jack R. Anderson, III 1073 Lancaster Boulevard Suite 15 Mechanicsburg, PA 17055 By Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ohn A. Stair, Esqlnm~ Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717)1234-4161 Attorneys for Defendant Jessica L. Freedman WILLIAM K. HUDSON, Plaintiff BRIANNE M. HUDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5921 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY CYNTHIA ENCK, Plaintiff WILLIAM KEITH HUDSON, Defendant BRIANNE M. HUDSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1810 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Brianne M. Hudson (hereinafter referred to as "mother") and William K. Hudson (hereinafter referred to as "father"). WHEREAS, Brianne M. Hudson is the natural mother of the child, William Taylor Hudson, born June 3, 1999, (hereinafter referred to as "child"); and, WHEREAS, William K. Hudson is the natural father of the child; and, WHEREAS, the natural parents are separated and living in separate residences; and, WHEREAS, the parties believe it to be in the best interest of the child that the child reside primarily with Mother; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child on alternating weekends beginning Friday at 6:30 p.m. until Saturday at 6:30 p.m.; the Father shall have partial physical custody of the child on Sunday of the same weekend from 9:00 a.m. until 6:00 p.m. 4. Father shall have the child in 2003 from December 25 at 9:00 p.m until January 1, 2004 at 8:00 p.m. Father will ensure that the child speaks with the Mother on the telephone each evening prior to going to bed. 5. Father shall have the child each of the following holidays throughout the year during the half of the day Mother is at work, or if Mother is not working, in the afternoon of the holiday from 1:00 p.m. until 8:00 p.m: New Years Day, Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. 6. Neither of the parties shall consume alcoholic beverages while in the presence of the child. If the child is in need of a babysitter on any occasion, the party in need of the babysitter must first notify the other parent to determine if the other parent is available to provide supervision for the child. 7. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 8. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 9. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: Brianne M. H~d~on mas.dirldomesticlhudsonlcustody.stp