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Home My WebLink About01-04478SCOTT A. GRAMM, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND CO., PENNSYLVANIA COMMONWEALTH OF PA, CIVIL ACTION DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Respondent ORDER OF COURT AND NOW, this ,~ day of , 2001, upon petition of , a heazing -{~ is set on the License Suspension Appeal for the 15 day of ~, 2001, at ~I 3 t~ o'clock ~.m., in Courtroom No. ~, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to § 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. /~ i , BY THE COURT ~~A/" 1 J. _ ^i 7: ~ ~1~ !~~ SCOTT A. GRAMM, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND CO., PENNSYLVANIA v. NO. COMMONWEALTH OF PA, CIVIL ACTION DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Respondent LICENSE SUSPENSION APPEAL NOW COMES Scott A. Gramm, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. Petitioner is an adult individual residing at 612 Range End Road, Lot 1, Dillsburg, York County, Pennsylvania 17019. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, with an address of 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Petitioner received a notice of suspension letter for alleged refusal to take a blood alcohol test, dated June 28, 2001, suspending his privileges for one (1) year effective August 2, 2001. A copy of said notice letter is attached hereto and made a part hereof as Exhibit A. 4. The aforementioned refusal apparently arises from an accident which occurred on May 8, 2001, where the petitioner was involved in a one vehicle accident involving apparent head injuries, and the finding of the petitioner by the State Police in an unconscious condition. 5. The aforementioned suspension is illegal and improper for the following reasons: a. The officer did not have reasonable grounds to believe that the Petitioner was the operator of the motor vehicle in question; a. The officer did not have reasonable grounds to believe that the Petitioner _~ was under the influence of alcohol in violation of 75 Pa.C.S.A. §3731; b. The officer did not adequately explain the law of implied consent; c. When Petitioner asked to talk to his attorney, he was not given the appropriate O'Connell warnings as they relate to right to counsel in a refusal case; d. The Petitioner never refused to take a blood test; and e. The suspension is in direct contravention of cunent Pennsylvania statutory and case authority. WHEREFORE, Petitioner prays that this Honorable Court grant a supersedeas on the suspension, as outlined in Exhibit A, until such time as there is a final disposition on this license suspension appeal. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner Date: ~ ' ~~l "~ ( ~` ~ William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 I.D. #36410 SCOTT A. GRAMM, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND CO., PENNSYLVANIA v. NO. COMMONWEALTH OF PA, CIVIL ACTION DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Respondent CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: ~ - ~ ~, -O ~ _ ~•-r-~C~~ William T. Tully, Esq. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ - ~Cl "(} ~ -~-------- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 28, 2001 SCOTT A GRAMM WID # 011726112824371 001 612 RANGE END ROAD PROCESSING DATE ~6/21/20U1 LOT 1 DRIVER LICENSE # 23170149 DILLSBURG PA 17019 DATE Of BIRTH 06/02/1973 Dear t4R. GRAMM: This is an Official 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 05/09/2001: Your driving privilege is SUSPENDED for a period of 1 YEARCS) effective 08/02/2001 at 12:Ol~a.m. I WARNING: If you are convicted of driving while your I I license is suspended/revoked the penalties will be a I I MINIMUM of 90 days imprisonment AND a 51,000 fine AND I your driving privilege will be suspended/revoked for I I a MINIMUM 1 Year period - COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) xn your possession on or before 08/02/2001. You may surrender these items before, 08/02/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 59.00. 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 receive your license(s). Complete the fallowing steps to acknowledge this suspension. 011726112824371 1. Return all 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 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/ar 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)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following 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. 3. Follow the payment and mailing instructions on the back of the application. 011726112824371 APPEAL You have the right to' appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 28, 2001, of this letter. if you file ah appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order far Your appeal to be valid, you must send this time-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 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/02/20D1. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-SDO-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL 1101 SOUTH FRONT STREET, 3RD FLOOR HARRISBURG, PENNSYLVANIA 17104-2516 VOICE (717) 787-2830 TELEFAX(717)705-1122 October 12, 2001 Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Scott A. Gramm v. Department of Transportation, Bureau of Driver Licensing O1-4478 Civil Term James Keith Pennell v. Department of Transportation, Bureau of Driver Licensing 01-4685 Civil Term Ryan C. Wade v. Department of Transportation, Bureau of Driver Licensing 01-3318 Civil Term Aaron M. Yost v. Department of Transportation, Bureau of Driver Licensing 01-3515 Civil Term Dear Judge Bayley: As Supervising Attorney, and as required by Pa. B.A.R. 322(a)(2), I give my approval, along with that of the Commonwealth of Pennsylvania, Department of Transportation, for Ms. Theresa IGnsinger-Horvath, Certified Legal Intern, to represent the Department in the above-referenced matters. Sincerely, ~~ arold H. Cramer Assistant Chief Counsel Vehicle and Traffic Law Division ~' y; Supreme Court of Pennsylvania Shellry A. Carters, Esq. Deputy Prorhoaotary Patties A. Honard Chid Clerk Harold H. Cramer, Esq. Asst Chief Cnsl Transportatn 1101 S Front Street 3rd FI Harrisburg, PA 17104-2516 RE: Kinsinger-Horvath, Theresa No.2 INT 2001 Dear Attorney Cramer: Western District January 10, 2001 801 City-County Building Pittsburgh, PA 15219 412-5652816 www.aopc.org The above-named law student has been approved and certified under Pa. B.A.R. 321 and 322 by: Widener University -Harrisburg Fruth, Ann Elizabeth Dean as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern as of January 10, 2001. Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 and 322, the above-named student has been certified as a legal intern and you have been approved to pertorm the duties of supervising attorney. WITNESS my signature and the seal of this Court, January 10, 2001 /elf cc: Ms. Ann Elizabeth Fruth Very true yours, Shelle A. rrar Y Deputy Prothonot: ~~ ~~i~ Dean Ms. Theresa Kinsinger-Horvath SCOTT A. GRAMM, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING,: Resondent 01-4478 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of October, 2001, this matter having been called for a hearing and defendant having withdrawn the appeal, it is ordered that the appeal is dismissed, and that the Department shall reinstate the suspension that prompted the appeal effective January 1, 2002. William P. Tully, Esquire 2233 North Front Street Harrisburg, PA 17110 For the Petitioner Theresa ~Cinsinger-Horvath, Certified Legal Intern Office of Chief Counsel 1101 South Front Street Harrisburg, PA 7104-2516 For the Respondent ~~Y"~~ ~~U~ ~,,o pcb ~'1Nb,1~,~SNN~d .tuvno~ ~~~-~~~~~,ana ~U .~ ~d 9 f 1J0 its