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Home My WebLink About07-6945JAMES P. VALLE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent AND NOW, comes James P. Valle, Wagner, Spreha & McQuillan, who 1. The Petitioner is an adult individual IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'7 G 995 LICENSE SUSPENSION APPEAL Petitioner, by and through his attorneys, Mancke, epresent: residing at 919 B Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania address of Riverfront Office Center, Third of Transportation, Bureau of Driver Licensing has a mailing , 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 19, 2007, the Department of Transportation, indicating that t months as a result of an alleged chemical test received an Official Notice of Suspension from the driving privilege would be suspended for a period of 18 fusal pursuant to 75 Pa.C.S.A. §1547. (See Exhibit A). 4. Petitioner believes such is illegal, unjust and improper for reasons which include, but are not limited to the following: a. There was no valid to take a chemical test; b. There was no valid re usal to take a chemical test; C. Your Petitioner was no properly advised of any rights or was misled concerning any rights and/or consequences of any alleged refusal; d. There was no e. There were no reasoi operating a motor vet f. Your Petitioner did no license suspension; a g. The officer who stopp( to do so. WHEREFORE, the Petitioner respectfi determine the propriety of the suspension outli is, knowing and/or intelligent refusal; able grounds to believe your Petitioner was cle while under the influence of alcohol; refuse in such a way that would authorize a the Defendant's vehicle was not authorized lly requests this Honorable Court to schedule a hearing to ied in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edward F. SpreWtk, EA. Attorney ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated:I `. lu . 0 COMMONWEALTI DEPARTMENT I Bureau of 1 Mail Date: JAMES P VALLE 9198 HUMMEL AVE LEMOYNE PA 17043 Dear MR. VALLE: OF PENNSYLVANIA F TRANSPORTATION river Licensing ICTOBER 19, 2007 WID # 072856691086567 001 PROCESSING DATE 10/12/2007 DRIVER LICENSE # 23445107 DATE OF BIRTH 10/25/1973 This is an Official Notice off the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehi le Code, CHEMICAL TEST REFUSAL, on 09/15/2007: ¦ Your driving privilege s SUSPENDED for a period of 18 MONTH(S) effective 11/21/2007 at 12:01 a.m. You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession o or before 11/23/2007. You may surrender these items before, 11/23/2007, for earlier- credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRII PURPOSES. However, you ma'. identification card at any I of 10.00. You must pre identification (e.g., bi passport, marriage certific your photo identification ci ER'S LICENSE FOR IDENTIFICATION apply for and obtain a photo, river License Center for a cost ;ent two (2) forms of proper th certificate, valid U.S. ite, etc.) in order to obtain rd. You will not receive credi toward serving any suspension until we receive your lice se(s). Complete the following steps to acknowledge this s spension. 1. Return all current Pe learner's permits and/o you do not have any notarized letter stating of your driving privilf letter why you are ur license. Remember: Yc license for identificatj items to: nnsylvania driver's licenses, camera cards to PennDOT. If 3f these items, send a sworn you are aware of the suspension ge. You must specify in your able to return your driver's u may not retain your driver's on purposes. Please send these Egl1i bI 't A I 072856691086567 Pennsylvan ia Department of Transportation Bureau of Driver Licensing P.O. Box 8693 Harrisburg , PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), lea rner's permit(s), and/or a sworn notarized letter, Penn OT will send you a receipt confirming the date tha t credit began. If you do not receive a receipt from u within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this susp ension. PennDOT phone numbers are listed at the end o this letter.. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosec ution under SECTION 1571(a)(4) of the Pennsylvania Vehi cle 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, co mplete the following steps: 1. Return the enclosed App lication for Restoration. The amount due is listed on the application. 2. Write your driver's lice nse number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and m iling instructions on the back of the application. APPEAL You have the right to appea Common Pleas (Civil Divisio date, OCTOBER 19, 2007, of appeal in the County Couri time-stamped certified copy your appeal to be valid, yi certified copy of the appeal Pennsylvania Departme Office of Chief Couns Third Floor, Riverfro Harrisburg, PA 17104 1 this action to the Court of i) within 30 days of the mail this letter. If you file an , the Court will give you a of the appeal. In order for u must send this time-stamped by certified mail to: it of Transportation al it Office Center -2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Penn ylvania driver license products to PennDOT by 11/23/200-1 072856691086567 Sincerely, 9?A ?-- '6 go) Janet L. Dolan, Director Bureau of Driver Licensing IN STATE 1-800-932 4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412 5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv_atate nm *IFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject o the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date Sb 8 0 n J n N OD (Y cb.? 0 tTtt-^' r. J.- tlj -•.. C rri r grn rrov s12007 JAMES P. VALLE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a7 - Loci X15 l:1v i l Term LICENSE SUSPENSION APPEAL ORDER AND NOW, this atbi?day of `?t"t'"aJ,{k_ 2007, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the !? da of y tli4??4-7 , 200 at .3y o'clock in Courtroom , Cumberland Count Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Distribution: dward F. Spreha, Jr., Esquire, 2233 No Prth Front Street, Department of Transportation, Office of Chief Counsel, PA 17110 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516 nsel, J ? . im; co tr1 co ++C.?y??y?? ... F 0 N JAMES P. VALLE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6945 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of February, 2008, this matter having been called for a hearing, and upon the withdrawal of the appeal by petitioner, James P. Valle, By rsagar v"/George H. Kabusk, Esquire For the Department of Transportation V-'?Edward F. Spreha, Jr., Esquire For Petitioner prs Car ES.?( LL c;?-/1 q109 al IS DISMISSED. Cour . Bayley, J. t?s L S?- - LA- t s ic > 7