HomeMy WebLinkAbout08-2106
SARAH K. STERNICK
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: Q ?- ro
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF CIVIL APPEAL LAW
TRANSPORTATION APPEAL FROM LICENSE SUSPENSION
PETITION FOR
APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES
AND NOW comes Sarah K. Sternick, by her attorneys, Carrucoli & Associates, PC, and
presents the following Petition for Appeal from Suspension of her Driving Privileges.
1. Petitioner is an adult individual who resides at 140 Highland Circle, Etters, York
County, Pennsylvania 17319.
2. Your Petitioner is licensed as a motor vehicle operator by the Commonwealth of
Pennsylvania, Department of Transportation, License No. 24661694.
3. Petitioner's license was suspended for allegedly failing to submit to a chemical
test.
4. At the time of sentencing, the Judge held that Petitioner's license was to be
suspended for a period of one (1) year.
5. Petitioner made a good faith and valid attempt to complete the breathalyzer test,
but was unable to generate enough breath/air to generate a reading due to her
asthma condition.
6. Based upon the foregoing circumstances, your Petitioner requests that this
Honorable Court prohibit the Department of Transportation from suspending her
license for period of one (1) year.
WHEREFORE, Your Petitioner prays this Honorable Court to schedule a hearing upon
her appeal from the suspension of her driving license privileges and, upon hearing testimony, to
vacate the one year suspension as imposed by the Department of Transportation.
Respectfully submitted,
CARRUCOLI & ASSOCIATES, PC
By: (? 110?"'t 'e?j --
Michael A. Carrucoli, Esquire
Attorney I.D. No. 90584
875 Market Street, Suite 200
Lemoyne, PA 17043
(717) 761-1274
Attorneys for Petitioner
Dated: 13 g V1
CERTIFICATE OF SERVICE
AND NOW, this day of ?' a , 2008, I hereby certify that I have
served a copy of the within document on the following by depositing a true and correct copy of
the same in the Certified Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
Respectfully submitted,
CARRUCOLI & ASSOCIATES, PC
By: ----
Michael A. Carrucoli, Esquire
Attorney I.D. No. 90584
875 Market Street, Suite 200
Lemoyne, PA 17043
(717) 761-1274
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SARAH K. STERNICK IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF NO.. 0$ 0110(0 l.tvi C Term
PENNSYLVANIA DEPARTMENT OF CIVIL APPEAL LAW
TRANSPORTATION APPEAL FROM LICENSE SUSPENSION
ORDER
AND NOW, this V'4 day of 2008, upon -Al
presentation of the
attached Petition and upon the Motion of Michael A. Carrucoli, Esquire, attorney for the
Petitioner, a hearing de novo is granted to determine whether the action of the Department of
Transportation in suspending the driver's license of Petitioner should be set aside. Moreover, it
is hereby ORDERED and DECREED that no suspension shall occur until a hearing has been
held and this Court makes a final determination of the Petition contained herein.
A Hearing in the within matter is scheduled for
? 2008, at
l 1 o'clock in Courtroom No. Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT:
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