The URL can be used to link to this page

Home My WebLink About04-1232 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTHofPENNSYLVANIA: NO. ~)~- /~Z2- : V. : CIVIL ACTION-LAW : CURTIS LEE BLAINE : APPEAL FROM DRIVER'S Petitioner : LICENSE SUSPENSION APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES AND NOW comes the Petitioner, Curtis Lee Blaine, by and through his attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. Petitioner was arrested for Driving Under the Influence. 2. On or about February 26, 2004 Petitioner received a suspension letter regarding a Chemical Test Refusal. (Copy attached) 3. At the time of the Petitioner's arrest and detainer he was not adequately advised of the consequences of refusing to take the chemical breath test. 4. Petitioner never refused to take a chemical breath test on January 2, 2004. WHEREFORE, Petitioner, Curtis Lee Blaine, based on the foregoing representations, respectfully requests that this Honorable Court grant a hearing to determine the status of his operator license suspension, and enter a Supersedeas until such time as a hearing can be held. I.D. NoL 39183 1350 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-5320 ATTORNEY FOR PETITIONER MAR-19-~004 1S:B5 FROM: T0:717 599 5821 P.6/8 COHHONWEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau ef Drivtr Llcensin9 Mai! Date: FESRUARY ~6, 2004 CURTIS LEE BLAINE ~83~ WALNUT ST CARP HILL PA PROCESSINg ]ATE ]ATE OF BIRTH Deer HR. ELAINE: This is an 0~1clel Notice O~ the su~eflliafl of your Driving Privi/ege aa authorized by Sectlon ]547 of the Pennsylvania Vehicle Code. As a result of Your violation of Section 1547 ef the Vehicle Code, CHEMICA~ TEST REFUSAL, on Your driving privilege is SUSPENDED ~oP YEAR(S) e~feottve 0~/01/200& et 12:01 ~ARNIN6: If You are convicted of driving ~hile Your license is suspended/revoked the penalties will be a HININUH of 9~ days iaorieenmant AND a $1~000 fine AND YOUr dr/venD privilege will be Suspended/revoKed for · HIN]HUH ] ylar period COHPLYING WTTH THIS SUSPEpSIQN You must return 811 current Pennsylvania driver's licenses, learner's Permits, temporary driver's licenses (camera cards) in your possession Qn or before 06/01/200q. You may surrender these items before, 04/01/2004, for earlier credit; he.ever, you may not drive after these items are surrendered. YOU MAY NOT RE?AZN YOUR DR2VER'S LZCENSE FOR 2DENT~FZCATZON PURPOSES. He~ever~ you may epol¥ for and obtaln a photo identlftCetlDn card at any Driver LJcense Center far a cost of $10,00. You must Present rife (2) forms of proper Identification (e.g., birth certificate, vBlid U.S. passport, marriage certlficate, etc.) in order to obtain your photo ldentificat]Dn card. You ~tll not ~eGelve oredlt to~apd aervlng any suspension untll ~e receive your ZScenoe(B). Complete the relieving steps to acknovledge this suspension. MAR-19-8~4 15:06 FROM: T0:717 599 5881 P.8/8 040SO&lgG177102 1. Return ail current Psnn=¥1vania driver's licenses, learner's permits and/or camera cards to PennOOT, If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember= You may not retain your driver's license for identification purposes. Please send these items Pennsylvanip Department of Transportation Bureau of Driver Licensing P.O. Box 68&9~ Harriaburg~ PA 17106-8693 2. Upon receipt, review and acceptance of your driYer;$ license(s), loarner;s permit(s), and/or 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 #~l~ not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under S£CTION of the PennsyZvanta Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDDT to be restored from a suspension/revocation of your dr~ving Privilege. To pay your restoration fei, complete the following steps; Return the enclosed Application for Restoration. The amount due is listed on the application, 2. ~rita your driver'S license number (listed on the first page) on the check or money order to ensure proper credit. Follo~ the Payment and mailing instructions on the back of the application. MAR-19-2804 15:05 FROM: T0:717 599 5821 P.7~8 APPEAL. You have the right to appeal this action to the Court of Common Pleas (Civil Dirts/on) within $0 days of the date, FEJRUAR¥ 26, 2004. of this latter. I~ you file in appeal in the County Court, the CouPt will give you your appeal to be valid, You must sand this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Dapartment of Transportmtlon Office of Chief Counsel Third Floor, Riverfroot Office Cant~r Harrlsburg, PA 17104-2516 Remember, this is an OFFZCZAC NOTTCE OF SUSPENSZON. You must return all current Pennsylvania driver licanJe products to PennDOT by 04/01/200q. Sincerely, Rebecca L. Elckley, Director Bureau of Driver Licensing INFORHATZON 7JO0 a.m. to 9:00 IN STATE 1-600-952-4&00 TOD IN STATE OUT-OF-STATE 717-391-6190 TOD OUT-OF-STATE WEB S[TE ADDRESS ~w.dot.state.pa.u$ 1-800-2~8-0676 717-391-6191 CERTFICATE OF SERVICE I, GaryLysaght, Esquire, herebycertifythatonthe~4~yof ~ ,2004, I served a copy of the forgoing document by depositing such into the custody of the United States Postal Service, certified mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA: V. : CURTIS LEE BLAINE : Petitioner : NO. CIVIL ACTION-LAW APPE;~L FROM DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this __~ O4~ day of /t~/~. , 2004, in the foregoing Appeal from License Suspension, a heating is granted to determine whether petitioner is subject to suspension of his automobile operator's license. This appeal shall act as supersedeas to the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation, Commonwealth of Pennsylvania. A hearing will be held on the ~t' '_~'day of __~Le~f_~_~ 2004, at~,',~ a.m.{lll[., in Court Room~, Cumberland CounVy Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ~b%~ONOi~J.O~J ~Hi ~0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent CURTIS LEE BLAINE, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1232 CIVIL TERM CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this 24th day of May, 2004, the Commonwealth's motion to amend its Notice of Suspension to provide that the chemical test refusal occurred on 1/1/04 rather than 1/2/04 is granted. Edward E. Guido, J. George Kabusk, Esquire For the Respondent Gary Lysaght, Esquire For the Petitioner srs COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent Vo CURTIS LEE BLAINE, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1232 CIVIL TERM CIVIL ACTION - LAW APPEAL. FROM DRIVER'S LICENSE SUSPENSION hearing, DISMISSED. ORDER OF COURT AND NOW, this 24th day of May, the action of the Bureau is sustained, Edward E. Guido, J. 2004, after and the appeal is George Kabusk, Esquire For the Respondent Gary Lysaght, Esquire For the Petitioner srs