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Home My WebLink About08-5222JOHN J. GEOGHAN, III Petitioner V. IN THE COURT OF CUMBERLAND CO PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent PLEAS NO. Q Y-- S-;) Q ca ?,/ LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, John J. Geoghan, III, by and Edward F. Spreha, Jr. of Mancke, Wagner, Spreha & McQuillan, who the following: 1. The Petitioner, John J. Geoghan, III, is an adult individual Main Street, Dallastown, Pennsylvania, 17313. 2. Respondent, Pennsylvania Department of Transportation, Licensing has a mailing address of Riverfront Office Center, Third Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about July 30, 2008, the above-named Petitioner Notice of Suspension from the Department of Transportation, privilege was being suspended for a period of 1 year as a result of an 75 Pa.C.S.A. §1547. (See Exhibit A). 4. Petitioner believes such suspension is illegal, unjust and his attorney, avers at 328 W. Bureau of Driver 1101 S. Front an Official that his driving violation of for reasons which include, but are not limited to the following: a. There was no valid request to take a chemical b. There was no valid opportunity to take a chemical c. There was no valid refusal to take a chemical test; d. The Petitioner was not properly advised of any righ or was misled concerning any rights and/or conseque s of any alleged refusal; e. There was no conscious knowing and/or refusal; f. There were no reasonable grounds to believe our Petitionerwas operating a motor vehicle while under the influence of alcohol. WHEREFORE, Petitioner respectfully requests this Honorable C rt to schedule a hearing to determine the propriety of the suspension outlined in Exhibit? A. Respectfully submitted, MANCKE, WAGNER, SPREHA & McQUILLAN Edward F a, Jr., Esq. Attomey 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: ?-?g . Q g JUL-31-2008 01:23P FROM:ORECK YORK • 717-840-9040 TO:17172347080 P.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 30, 2008 JOHN J 6EO6HAN 3RD WID # 0820561 328 W MAIN ST PROCESSING DAT DRIVER LICENSE DALLASTOWN PA 17313 DATE OF BIRTH Dear MR. GEOGHANs 7429500 001 07/23/2008 0 21907742 06/01/1969 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547HII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 07/12/2008: ¦ Your driving privilege is SUSPENDED for a per#od of 1 YEAR(S) effective 09/03/2008 at 12:01 a.m. COMPLYING WITH _THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 09/03/2008. You may surrender these items before, 09/03/2008, for earlier credit; however, you may not drive after these i ems 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 610.00. You must present two (2) forms o proper identification (e. g... birth certifi.c.atej . _val. d .. U...St passport, marriage certificate, etc.) in order t obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(e). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to Penn OT. 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. Remembers You may not retain your driver's license for identification purposes. Please s nd these items tot Euh??? A JUL-31-2008 01:24P FROM:ORECK YORK 082056117429500 717-840-9040 T0:17172347080 • Pennsylvania Department of Transp rtation 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/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 will not be give credit toward. serving this suspension. PennD-OT ph-on-e 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. PAYI S THE RESTORATION-FEE i 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 ensur proper credit. 3. Follow the payment and mailing instructions an the back of the application. APPEAL You have the right to appeal this action to the Common Pleas (Civil Division) within 30 days of date, JULY 30, 2008, of this letter. If you file a in the County Court, the Court will give you a timl certified copy of the appeal. In order for your be valid, you must send this time-stamped certifies 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 SUSPENSI must return all current Pennsylvania driver license to PennDOT by 09/03/2008. Court of the mail n appeal -stamped ppeal to copy of DN. You products P.3 i JUL-31-2008 01:24P FROM:ORECK YORK 717-840-9040 TC:17172347080 PA . is 0 082056117429500 Sincerely, 9?tx?- ;6 g 0'V Janet L. Dolan, Dire?tar Bureau of Driver Lic using INFORMATION 8:00 a,m, to 6:00 a,m, IN STATE 1--8-00--932-4600 TDO IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www..dmv.state.pa.us 1-800-228-0676 717-412-5380 ? O .p o ? g N ? <' ? rTl SEP 0 2 2008(7 JOHN J. GEOGHAN, III IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Of -S2 COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this Y day of 08, upon consideration of the Rhin Petition, it is hereby ordered and decreed that a hearing be held on the day of '200t 4.A. , at o'clock in Courtroom .5, Cumberland County 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. J. Distribution: Award F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pnnsylvania Department of Transportation, Office of Chief Counsel, 01 South Front Street, 3'ti Floor, Harrisburg, PA 17104.2516 ,o1 A f 2 tt??}} U }} p f3 1 JOHN J. GEOGHAN, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, NO. 5222 CIVIL 2008 BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 20TH day of OCTOBER, 2008, the hearing scheduled for Monday, November 24, 2008, at 9:30 a.m. is rescheduled to MONDAY, DECEMBER 1, 2008, at 10:00 a.m. in Courtroom # 3. Edward E. Guido, J. Edward F. Spreha, Jr., Esquire ? Pa. Dept. of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 :sld Copies -a'tLe.L l0/2 r?0 8 6 S :Z1 Wd i Z 1 i0 800Z 31RI Jo ??'I c?.31 13 JOHN J. GEOGHAN, III, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, NO. 5222 CIVIL 2008 DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Respondent ; MOTION FOR CONTINUANCE NOW COMES, Respondent, the Commonwealth of Pennsylvania, Department of Transportation (the "Department'), by and through its attorney, Philip M. Bricknell, and moves for a continuance as follows: 1. The above captioned matter is scheduled for a hearing on the I" day of December, 2008, at 10:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse. 2. The petitioning party for the hearing, John J. Geoghan, III, is represented by Edward F. Spreha, Jr., Esquire. 3. The responding party, the Department, is represented by Philip M. Bricknell. 4. The hearing was scheduled by Order entered on October 20, 2008. A copy of the Order is attached and marked as "Exhibit A." 5. The proceeding has been previously continued 1 time. The moving party has not previously obtained a continuance. 6. A continuance is requested because the Department was informed on November 18, 2008 by counsel for the Petitioner that the hearing had been rescheduled for December 1, 2008. Counsel for the Department was learned on November 24, 2008, that its witness, Officer Trenton R. Mellott is unavailable to testify on December 1, 2008. 7. The following Petitioner has been notified of this request and has no objection to the continuance requested. 8. I hereby certify that if a continuance is granted I will serve a copy of the order granting the continuance on all parties forthwith and that I will notify all witnesses who would be appearing at my request. 9. I specifically request a continuance to January 9, 2009, when other hearings for license suspensions have been scheduled. Respectfully submitted, Date: November 24, 2008 1 L Philip M. Bricknell Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 (717) 787-2830 I.D. no. 88330 VERIFICATION I, Philip M. Bricknell, verify that the facts contained in the foregoing document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: November 24, 2008 Philip M. Bricknell JOHN J. GEOGHAN, III, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 5222 CIVIL 2008 DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : Respondent : CERTIFICATE OF SERVICE I, Philip M. Bricknell, certify that on this date, I caused a copy of Respondent's Motion for Continuance to be served by first class mail, postage pre-paid on Petitioner's Attorney of record, Edward F. Spreha, Jr., Esq. at the following address: Edward F. Spreha, Jr., Esq. Mancke, Wagner, Spreha & McQuillan 2233 N. Front Street Harrisburg, PA 17110 Date: November 24, 2008 -, Philip M. Bricknell Counsel for Respondent y, 4 JOHN J. GEOGHAN, 111, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, : NO. 5222 CIVIL 2008 DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, ; Respondent ORDER OF COURT AND NOW, thisla TH day of November, 2008 the appeal filed in the above-captioned matter is CONTINUED and RESCHEDULED for the 9th day of January, 2009, at 3. ?0 t.m. in Courtroom 3. T: J. Distribution: Edward F. Spreha, Jr., Esq., Mancke, Wagner, Spreha & McQuillan, 2233 N. Front Street, Harrisburg, PA 17110 Philip M. Bicknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 ?..? .. ? .,. y I .., t .. ... _ ? '? !! i rr ????k ii i t.?. ?k' r,? 5::? ?}.? JOHN J. GEOGHAN, III Petitioner V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5222 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 9th day of January, 2009, after hearing, the appeal of Petitioner is sustained, and the action of the Department suspending his license for a chemical test refusal is overruled. Edward E. Guido, J. .,/Philip Bricknell, Esquire For the Respondent ? Edward F. Spreha, Jr., Esquire For the Petitioner srs cDP t -G-sr r"12 t C Lla?/ 0 7 ? ! :8 WV E I NVf 6002 AdViQNU"Hi b'd 3Ni ?O 1*4 ,k COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: Philip Bricknell, Esq. Assistant Counsel . Attorney I.D. No. 88330 1101 SOUTH FRONT STREET, 3d FLOOR HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA } DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING } V. } JOHN J. GEOGHAN, III } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 08-5222 CIVIL TERM LICENSE SUSPENSION APPEAL NOTICE OF APPEAL NOTICE is hereby given that the Commonwealth of Pennsylvania, Department of Transportation, hereby appeals to the Commonwealth Court of Pennsylvania from the order dated January 9, 2009. The adjudication in question is from an appeal of an administrative determination of the Commonwealth and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Rule 236 of the Pennsylvania Rules of Civil Procedure. A copy of the docket entries is attached. 4 L Philip Bricknell, Esq. Assistant Counsel COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: Philip Bricknell, Esq. Assistant Counsel Attorney I.D. No. 88330 1101 SOUTH FRONT STREET, 3d FLOOR HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA } DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. JOHN J. GEOGHAN, III NO. 08-5222 CIVIL TERM LICENSE SUSPENSION APPEAL REQUEST FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the court reporter is hereby requested to certify and file the transcript in this matter heard on January 9, 2009, in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. The Department of Transportation, appellant, does not desire or require a copy of the transcript. Philip Bricknell, Esq. Assistant Counsel t`?.7 [?°'7 ? c _ -- ?? _- _, _, ' \? PYS511 Cumberland County Prothonotary' s Office Page 1 Civil Case Print ,2008-05222 GEOGHAN JOHN J III (vs) COMMONWEALTH OF PA DEPT OF TRA Reference No..: Filed........: 8/29/2008 Case Type ..... : APPEAL - LICENSE SUSP Judgment..... .00 Time.........: Execution Date 3:46 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. t 1 C i 0/00/0000 ------------ Case Comments ------------- .: gher r H Higher Crt 2.: **************************************************** ***************** *********** General Index Attorney Info GEOGHAN JOHN J III APPELLANT SPREHA EDWARD F JR 328 W MAIN STREET DALLASTOWN PA 17313 PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 8/29/2008 APPEAL FROM SUSPENSION OF DRIVERS LICENSE - BY EDWARD F SPREHA JR ATTY FOR PETITIONER ------------------------------------------------------------------- 9/04/2008 ORDER DATED 09-04-08 - HEARING ON 11-24-08 AT 9:30 AM IN CR#3 CUMBERLAND COUNTY COURTHOUSE - BY THE COURT EDWARD E GUIDO J - COPIES MAILED ------------------------------------------------------------------- 10/21/2008 ORDER OF COURT - 10/20/08 IN RE: LICENSE SUSPENSION APPEAL - THE HEARING SCHEDULED FOR 11/24/08 AT 9:30 AM IS RESCHEDULED TO 10/1/08 AT 10:00 AM IN CR3 - BY EDWARD E GUIDO J - COPIES MAILED /21/08 ------------------------------------------------------------------- 11/24/2008 MOTION FOR CONTINUANCE - BY PHILIP M BRICKNELL ATTY FOR PA DEPT OF TRANSPORTATION ------------------------------------------------------------------- 11/25/2008 OROEO OF COURT - 11/25/08 IN RE: MOTION FOR CONTINUANCE - THE APPEAL FILED IS CONTINUED AND RESCHEDULED FOR 1/9/09 AT 3:00 PM IN CR3 - BY EDWARD E GUIDO J - COPIES MAILED 11/26/08 ------------------------------------------------------------------- 1/13/2009 IISDSUSTTAINEDR- BYlEDWARD EAGUIDOFTER COPIES MAILEAL ED O1/13/09TIONER - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bw*Bal***P*ymts/Ad End Bal *********************************** ****** ******************************* APPEAL LIC SUSP 55.00 55.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 APPEAL HIGH CT 48.00 48.00 .00 ------------------------ ------------ 126.50 126.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** RU E cop ``FRO eur?t+a my tc?t Too t wwad, thr 8"1 of low Cain at Colo. PIL ? d LAW ag -.Saab C,-v; l Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 A 5012 - 10/99 1011199 Commonwealth Court of Pennsylvania www.aopc.org February 3, 2009 RE: Goeghan III v. DOT No.: 162 CD 2009 Agency Docket Number: 08-5222 Civil Term Filed Date: February 2, 2009 Notice of Docketing Appeal A Notice of Appeal from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within sixty (60) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Party Name Party Type Philip Murray Bricknell, Esq. Bureau of Driver Licensing Appellant Edward F. Spreha, Esq. John J. Geoghan , III Appellee Address all written communications to: Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Irvis Office Building Harrisburg, PA 17120 (717) 255-1650 Filings may be made in person at the following address (except on Saturdays, Sundays and holidays observed by Pennsylvania Courts) between 9:00 a.m. and 4:00 p.m. Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Sixth Floor Irvis Office Building Harrisburg, PA 17120 (717) 255-1650 Pleadings and similar papers (but not paperbooks or certified records) may also be filed in person only at: Office of the Chief Clerk Commonwealth Court of Pennsylvania Filing Office Suite 990 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 560-5742 The hours of the Philadelphia Filing Office are 9:00 a.m. to 4:00 p.m. Under Pa.R.A.P. 3702, writs or other process issuing out of the Comonwealth Court shall exit only from the Harrisburg Office. 1 ? y co COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION V. JOHN J. GEOGHAN, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5222 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 5TH day of FEBRUARY, 2009, pursuant to Pa.R.C.P. 1925, the Commonwealth of Pennsylvania, Department of Transportation, shall file of record and serve on this judge, within twenty-one (21) days of this date, a concise statement of errors complained of on appeal. Any issue not properly included in the concise statement timely filed and served pursuant to Rule 1925(b)shall be deemed waived. ? Philip Bricknell, Esquire For the Dept. of Transportation V/ Edward F. Spreha, Jr., Esquire For the Defendant Court Reporter sld - / (2o I ES I'Y1? ?4?C? 1 Edward E. Guido, J. iS ` i zZ ;C Wd G- 8316001 A8VlQN,)rLL0dd 3A -40 D34G-Glu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. GEOGHAN, III, Petitoner V. NO. 08-5222 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent License Suspension Appeal STATEMENT OF MATTERS COMPLAINED OF ON APPEAL TO THE HONORABLE, THE JUDGES OF THE. SAID COURT: AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (the "Department"), Respondent, by its attorney, Philip M. Bricknell, and, in compliance with the requirements of Pa.R.A.P. 1925 (relating to opinion in support of order), hereby sets forth the matters about which it complains with respect to its appeal of this Court's January 9, 2009 order (the "Order"): 1. The Court erred as a matter of law when it found that Appellant Bureau of Driver Licensing (the "Bureau") did not satisfy its prima facie burden of proof to support the one-year suspension of Appellee John J. Geoghan, III's operating privilege under Pennsylvania's Implied Consent Law, Section 1547 of the Vehicle Code, 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance). As established by the credible testimony of Upper Allen Township Police Officer Trenton Mellott, Geoghan (1) was arrested for a violation of 75 Pa.C.S. §3802 by a police officer who had reasonable grounds to believe that he was operating or was in actual physical control of the movement of a vehicle while he was in violation of 75 Pa.C.S. §3802; (2) was asked to submit to a chemical test; (3) refused to do so; (4) was specifically warned that a refusal would result in the suspension of his operating or driving privilege and would result in his being subject to the penalties set forth in 75 Pa.C.S. §3804(c) (relating to penalties) if he were later convicted of violating 75 Pa.C.S. §3802(a)(1). See Martinovic v. Department of Transportation, Bureau of Driver Licensing, 881 A.2d 30, 34 (Pa. Cmwlth. 2005). Cf. Banner v. Department of Transportation, Bureau of Driver Licensing, 737 A.2d 1203, 1206 (Pa. 1999) (setting forth elements of Bureau's prima facie case under prior version of Implied Consent Law). Once an officer provides implied consent warnings to a motorist, the officer has done all that is legally required to ensure that the motorist has been fully advised of the consequences of refusing to submit to chemical testing. Department of Transportation, Bureau of Driver Licensing v. Scott, 546 Pa. 241, 684 A.2d 539 (Pa. 1996). An officer's sole duty is to inform motorists of the implied consent warnings; once they have done so, they have satisfied their obligation. Id. Additionally, officers have no duty to make sure that licensees understand the implied consent warnings or the consequences of refusing a chemical test. Martinovic, 881 A.2d at 35. Furthermore, a licensee's right to due process does not require that the Department prove that the licensee understood the implied consent warnings. Croissant v. Commonwealth, 539 A.2d 492, 495 (Pa. Cmwlth. 1988), appeal denied, 549 A.2d 138 (Pa. 1988). Here, Officer Mellott testified credibly that he provided the implied consent warnings to Geoghan several times. The Department met its burden of proof. 2 2. The Court erred as a matter of law in ruling that Geoghan satisfied his burden of proving either that he was physically incapable of completing chemical testing or that he was physically unable to make a knowing and conscious decision to refuse chemical testing. See Martinovic, 881 A.2d at 34. Where there is no obvious physical inability to do so, a licensee must prove that he was incapable of making a knowing and conscious refusal through competent and unequivocal medical testimony. Jacobs v. Department of Transportation, Bureau of Driver Licensing, 695 A.2d 956 (Pa. Cmwlth. 1997), allocatur denied, 549 Pa. 705, 700 A.2d 443 (1997). Geoghan did not testify that he was physically incapable of completing chemical testing let alone provide any medical testimony or evidence to that effect. Geoghan did not testify that he was physically unable to make a knowing an conscious decision to refuse chemical testing. Geoghan failed to meet his burden of proof. 3. The trial court erred as a matter of law in ruling that Geoghan did not have to produce expert medical testimony to discount the effects of his admitted alcohol consumption on his ability to make a knowing and conscious decision to refuse chemical testing. Dailey v. Department of Transportation, Bureau of Driver Licensing, 722 A.2d 772, 774 (Pa. Cmwlth. 1999). An expert medical witness must testify, within a reasonable degree of medical certainty, that alcohol did not contribute to the licensee's . inability to make a knowing and conscious refusal. See Barbour v. Department of Transportation, Bureau of Driver Licensing, 557 Pa. 189, 194, 732 A.2d 1157, 1160 (Pa. 1999). Geoghan did not provide an expert medical witness, testimony, or other evidence that alcohol did not affect his ability to make a knowing and conscious refusal. 4. "It is well established that anything less than a licensee's unqualified, unequivocal assent to submit to chemical testing constitutes a refusal under § 1547 of the Code." Finney v. Department of Transportation, Bureau of Driver Licensing, 721 A.2d 420, 423 (Pa. Cmwlth. 1998); citing Department of Transportation, Bureau of Traffic Safety v. Mumma, 79 Pa.Cmwlth. 108, 468 A.2d 891 (Pa.Cmwlth.1983). A licensee may not "stall" when asked to submit to a chemical test nor may a licensee keep "putting it off." Lucas v. Department of Transportation, Bureau of Motor Vehicles, 854 A.2d 639, 642 (Pa. Cmwlth. 2004), appeal denied, 582 Pa. 690, 870 A.2d 325 (2005) ("Stalling tactics also indicate a refusal."). Police officers are not required to spend time either cajoling an arrestee or waiting for him to change his mind. Department of Transportation, Bureau of Traffic Safety v. Ferrara, 493 A.2d 154,156-157 (Pa. Cmwlth. 1985). Accord, King v. Department of Transportation, Bureau of Driver Licensing, 828 A.2d 1, 5 n.8 (Pa. Cmwlth. 2002), appeal denied, 577 Pa. 738, 848 A.2d 931 (2002), cert. denied, 538 U.S. 1034, 123 S.Ct. 2090, 155 L.Ed.2d 1064 (2003); Broadbelt v. Department of Transportation, Bureau of Driver Licensing, 903 A.2d 636, 641 n.7 (Pa. Cmwlth. 2006). "The occasion is not one for debate, maneuver or negotiation, but rather a simple `yes' or `no' to the officer's request." Morris Motor Vehicle Operator License Case, 280 A.2d 658, 660 (Pa. Super. 1971). Furthermore, the Commonwealth Court has "held that a refusal to take a breathalyzer test is not vitiated by a subsequent consent and request to take the test." 4 Department of Transportation, Bureau of Traffic Safety v. Wroblewski, 442 A.2d 407, 408-09 (Pa. Cmwlth. 1982); citing Department of Transportation, Bureau of Traffic Safety v. O'Rourke, 361 A.2d 496 (1976). In Wroblewski, the Court reasoned that the public interest in ascertaining violators of the prohibition against driving under the influence is so compelling that a very strict application of Section 1547 is justified. Wooblewski, 442 A.2d at 409. Officer Mellott did not testify that Geoghan ever said "yes" to Officer Mellott's request for a chemical test even after having the implied consent warnings read to him several times. Geoghan conveniently and self-servingly testified that he tried to recant his refusal, but he did not testify that he did so with Officer Mellott, who had deemed Geoghan's failure to give an unqualified, unequivocal assent a refusal and moved on to other duties. Having provided Geoghan with the implied consent warnings, Officer Mellott had no obligation to wait for Geoghan to change or make up his mind. Geoghan dithered and refused to assent to Officer Mellott's request that he submit to chemical testing. Accordingly, the facts support a finding that Geoghan did refuse Officer Mellott's request to submit to a chemical test. The Court erred as a matter of law when it ruled that Geoghan did not refuse a police officer's request that he submit to a chemical test of his blood in accordance with Section 1547. 5 5. The Department reserves the right to argue any additional issues that may be raised by the Common Pleas Court's Opinion filed in support of the Order. Respectfully submitted, ......... Philip M. Bricknell Assistant Counsel Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division Riverfront Office Center, 3ra Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 February 20, 2009 6 CERTIFICATE OF SERVICE The foregoing document was filed and served via hand delivery on February 20, 2009 on the following: The Honorable Edward E. Guido Cumberland County Courthouse Carlisle, PA 17013 f??r uv zdD ?' The foregoing document was served via first class mail on qtr 20,-2%8 on the following: Edward F. Spreha, Jr., Esq. Mancke, Wagner, Spreha & McQuillan 2233 N. Front Street Harrisburg, PA 17110 Philip M. Bricknell 7 ? h? r;? .-..s;' - ..?,t .? ,?, ti`1 ...,? - - C.7 ,. - ?_t?i -• i' ?-'? ...... -4 JOHN J. GEOGHAN, III, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 5222 CIVIL TERM IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., May IV' , 2009 The Bureau has filed this timely appeal from our order of January 9, 2009 which overruled its suspension of petitioner's operating privileges pursuant to section 1547 of the Vehicle Code.' It has raised several allegations of error on appeal.2 Some of the alleged errors deal with rulings we never made or matters we never addressed. Rather than chase those red herrings, we will explain the reasons for our order in the opinion that follows. We will start with a recitation of the facts as we found them to be. On the night of July 11 into the early morning hours of July 12, 2008, a joint task force of Cumberland County police departments established a D.U.I. checkpoint in Upper Allen Township. It was a model of efficiency designed to identify, process and arrest a multitude of suspected drunk drivers. The line officers were to identify suspects, place a simple form on their windshield and direct them into a parking lot where numerous other officers were ' 75 Pa. C.S.A. § 1547. 2 See Statement of Matters Complained of on Appeal. 2008 - 5222 CIVIL TERM to conduct a further investigation.3 As the suspects entered the parking lot another officer "would be there with a flashlight just directing the way to a parking space in front of a patrol vehicle."4 The investigating officers had audio and video recorders available during this stage of the proceedings.5 In the instant case Mr. Geoghan was directed into the pull off area because he admitted to having imbibed alcohol.b Upper Allen Township Officer Mellott was in charge of conducting the further investigation of Mr. Geoghan. However, the officer could not recall if he was the one that directed him to the parking space because there "were too many vehicles that night." 7 Mr. Geoghan did not fare well during this stage of the processing. His speech was slow and slurred, he smelled of alcohol, and he did not adequately perform the field sobriety tests.8 The officer asked him to submit to a portable breath test which he refused.9 Mr. Geoghan recounted his version of that refusal as follows: ... (H)e asked me if I would come over for a Breathalyzer. I believe he started walking toward his cruiser, which is where I thought the Breathalyzers were. I'm not sure if I was mistaken. I never went over there. But I asked him what would happen if I refused to take the Breathalyzer, and he stated that he would arrest me for DUI. I thought about it and said that I think I'm going to have to refuse. (emphasis added).1OAt that point the officer placed him under arrest. Officer Mellott walked Mr. Geoghan to another area of the parking lot where he was to be further processed. Mr. Geoghan was seated at one side of a table with booking ' See Transcript of Proceedings, p. 5, 6. a Transcript of Proceedings, p. 16. s Transcript of Proceedings, p. 17. 6 Transcript of Proceedings, p. 6. Transcript of Proceedings, p. 16. s Transcript of Proceedings, pp. 9 - 12. 9 Transcript of Proceedings, pp. 9 - 13. 10 Transcript of Proceedings, p. 23. We note that we found Mr. Geoghan's testimony to be credible. 2 2008 - 5222 CIVIL TERM center personnel on the other. As he was being questioned by the booking center personnel, Officer Mellott grabbed a DL-26 form from a stack and "redirected" Mr. Geoghan's attention to go over it with him.11 After being read the form, Mr. Geoghan neither refused nor consented to submit to the breathalyzer. Rather he expressed confusion. The officer then gave him the form to read for himself. By the time he had finished reading and digesting the form, Officer Mellott had returned to his other duties at the checkpoint. He testified that he took Mr. Geoghan's "hem-hawing" around as a refusal. 12 We found Mr. Geoghan's version of those events to be credible. He described what occurred in the following exchange with counsel and the court: A. The officer gave me the form. As I recall, he read it to me, and I said I didn't understand, and he let me read it. Q. The form you're talking about, is this the form the officer was referencing? A. Yes, it is. As soon as I read the part about my license being suspended for a year if I refused the blood test - - or the Breathalyzer, I said, I would like to retract my refusal. He said, that's fine. We'll talk about that later. Q. Now, you said he. A. I believe it was the officer - - it was - - when we went over; we were on the same side of the table. The police officer that said we'll talk about it later was on the opposite side of the table from me. It could have been Officer Mellott, but it might have been - - I assumed that it was someone else at the time. Q. So, you were - - you said you were read this form once? A. Yes. Q. Do you make any statements after you were read this form once? A. Well, I said that I wasn't quite sure that I wanted to refuse the Breathalyzer. I asked what would happen if I retracted my refusal. Q. And you said you had questions? 11 Transcript of Proceedings, p. 19. 12 Transcript of Proceedings, p. 19. For the reasons stated below, we were not persuaded by the officer's equivocal testimony that he read the form more than once to Mr. Geoghan. 3 2008 - 5222 CIVIL TERM A. Yes. I wasn't sure - - when I heard the part about losing your license for a year, I wasn't sure that that was something I wanted to do. I asked to read it myself. I did. As soon as I saw the part that said, if you refuse you will lose your license for a year, I said I would like to retract my refusal. BY THE COURT: Q. What did you mean by your refusal? A. Well, I had - - I was the one that brought the refusal up. Q. Was that at the police car? A. That was at - - well, at my car, yes. I never actually got over to where the cruiser was, but after the field sobriety tests. Q. Is that what the officer was referring to as the portable breath test? A. Yes. Q. The PBT? A. Yes. I refused to take the test until I read that form. When I read the form, I asked if I could retract that refusal. Q. Who did you ask? A. As I said, there was an officer across the table from me. It could have been Officer Mellott. I'm not really sure. 13 DISCUSSION The law with regard to this matter is clear. As the Pa. Supreme Court has stated: To sustain a suspension of operating privileges under section 1547, DOT must establish that the licensee: (1) was arrested for driving under the influence by a police officer who had reasonable grounds to believe that the licensee was operating or was in actual physical control of the movement of the vehicle while under influence of alcohol; (2) was asked to submit to a chemical test; (3) refused to do so; and (4) was warned that refusal might result in a license suspension. Banner v. Commonwealth of Dept. of Transportation, 558 Pa. 439, 445, 737 A.2d 1203, 1206 (Pa. 1999). In the instant case we found that the Bureau had sustained its burden in connection with only the first two elements. We could not, in good conscience, find that Mr. Geoghan refused to submit to a breathalyzer test. Furthermore, we were not persuaded that he had been adequately warned of the license suspension at the time the officer had decided to treat his confusion as a refusal. 13 Transcript of Proceedings, pp. 24 - 27. 4 2008 - 5222 CIVIL TERM It was clear from the testimony that Officer Mellott was extremely busy that night. The volume of his work load contributed to his failure to adequately communicate with the licensee. The officer had given Mr. Geoghan conflicting advice. His first refusal of the PBT was based upon the assurance that the only consequence would be his arrest for driving under the influence. Minutes later he was read the DL-26 and was understandably confused because of the ancillary consequence of license loss. He then asked to read it. As soon as he completed reading the form he "retracted" his "refusal." However, we were convinced that the only "refusal" he ever made was to the PBT. We were not persuaded by the officer's testimony that Mr. Geoghan was "hem- hawing" as he was read the DL-26. The officer was testifying from memory, rather than referring to the notes made in his report. Furthermore, we noted that he used "I believe" when describing his alleged multiple readings of the DL-26. Finally, despite the presence of audio and video equipment, there was no recording made of this crucial step of the processing. 14 The Department argues that the officer is only required to inform the licensee of the implied consent warnings. He is not required to make sure that the licensee understands the warnings or the consequences of the refusal. In support of its position the Department cites Department of Transportation v. Scott, 546 Pa. 241 684 A.2d 539 (Pa. 1996) and Martinovic v. Department of Transportation, 881 A.2d 30 (Pa. Commonwealth 2005). We agree that there is language in each case standing for that 14 Officer Mellott was unable to make any recording of the events surrounding the implied consent warnings because his microphone was taken for use by another officer due to the high volume of suspects being processed. We do not suggest that this stage of the proceedings must be recorded. However, the failure to record in the instant case was one factor considered by us in determining the credibility and weight of the evidence. 2008 - 5222 CIVIL TERM proposition. However, those cases do not stand for the proposition that the licensee has no recourse if his failure to understand is caused by the officer. The facts in this case are very similar to those in Scott. In Scott the officer made a misstatement of the law in giving the O'Connell warnings. The trial court held that the Department had not satisfied its burden of proof in connection with the fourth prong, i. e. "the motorist was specifically warned that a refusal would result in the revocation of his operating privileges" 684 A.2d at 542. The Supreme Court reversed, stating: The trial court ignored the fact that proper O'Connell warnings were given to appellee two more times following this one misstatement by Officer Cartmell. To find that Officer Cartmell's misstatement, sandwiched in between three properly worded O'Connell warnings, would have the devastating effect of nullifying all the correct statements of law provided to appellee, is a conclusion unjustified on the basis of this record. 684 A.2d at 543. Furthermore, the Supreme Court noted that the motorist testified that he understood the O'Connell warnings, he just did not believe them. As the Court stated, a "subjective belief, when faced with a correct statement of his rights, is insufficient to support a legal conclusion that under such circumstances he was not capable of making a knowing and conscious decision." 684 A.2d at 546. In the instant case the licensee reasonably thought that he had already refused the chemical test at the time Officer Mellott read the DL-26 implied consent warnings. Unlike the motorist in Scott, Mr. Geoghan was genuinely confused by the officer's contradicting statements. He believed that the warnings were telling him what was going to happen as a result of his prior refusal rather than what would happen if he currently refused. Furthermore, unlike the trial court in Scott, we were not persuaded that the officer made numerous attempts to read and explain the warnings. He read them once and then gave them to the licensee to read. At that point Mr. Geoghan was still confused, 6 2008 - 5222 CIVIL TERM but immediately inquired if he could recant his previous refusal. Under these circumstances we find that the Commonwealth did not sustain its burden of proving either that the defendant refused, or that he was adequately informed that a refusal of the chemical test would result in the suspension of his operating privileges. s// e% DATE PHILIP BRICKNELL, ESQUIRE For Penn DOT EDWARD F. SPREHA, JR., ESQUIRE For the Petitioner :sld \...b t'?S rY2 ?- l ?trc? R vs Edward E. Guido, J. C? C- 7 c-? '17 t •,? 10 C..: ; < ;.°? /? t'r; - ?? i*3 ?4.1t?? ,pper .??A .., j. , ? C?7 " t .? tY L_ a`l%Y A=' ? ? t...• c .i C"" CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: John J. Geoghan, III VS. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing 08-5222 Civil Term 162 CD 2009 The documents comprising the record have been numbered from No.1 to 84, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 05/-i//2009 . C is R. on ary Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Cumberland in the Commonwealth of Pennsylvania 162 CD 2009 to No. 08-5122„ivi I Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY John J. Geoghan, III VS. Carrnonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing **SEE CERTIFED COPY OF THE DOCKET ENTRIES** Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONYHEREOF, I have hereunto this 21A I, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein John J. Geoghan, III Plaintiff, and Ccmwnwealth of Pennsyly< Departinent of Transportation Bureau of Driver Licensing Defendant , as the same remains of record before the said Court at No. OS-5222 of civil Term, A. D. 19 . set my hand and affix d the seal of said Court day okW MaT?? A. D.,A29 02. Prothonotary I, Edger B. Bav] ey President Judge of the Ni nth Judicial District, composed of the County of Cumberland, do certify that trtiG R. Long. , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qu lifif to a of whose acts as such full faith and credit are and ought to be given as well in Courts of judi ture as else re, an` thmt-the said record, certificate and attestation are in due form of law and mad b3(the pr er offt?e . Commonwealth of Pennsylvania County of Cumberland ss: President J 1, Curtis R. Long , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Edgar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my and and affixed the seal of said Court this 21st y of - May /I A. D. ISK209 Prothonotary 0 4 C3 N R a a a 0 I K ? n o a H p :? "Ti 3 b n n d 0 N c I? ? o a ' Y 8r !N N +? 0 13 .o i 09523405212009 Cumberland County Prothonotary 's Office Page 1 PYS510 Civil Case Print 2008-05222 GEOGHAN JOHN J III (vs) COMMONWEALTH OF PA DEPT OF TRA Reference No... Filed......... 8/29/2008 Case Type.....: APPEAL - LICENSE SUSP Time.........: 3:46 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: C t C Disposed Date. i 0/00/0000 ------------ ase ommen s ------------- H gher Crt 1.: 162 CD 2009 Higher Crt 2.: General Index Attorney Info GEOGHAN JOHN J III APPELLANT SPREHA EDWARD F JR 328 W MAIN STREET DALLASTOWN PA 17313 PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 * Date Entries FIRST ENTRY - - ?- /5r 8/29/2008 ATTYEAL FROETITIOENSION OF DRIVERS LICENSE - BY EDWARD F SPREHA JR FOR -----------------------------------------------------•-------------- 9/04/2008 ORDER DATED 09-04-08 - HEARING ON 11-24-08 AT 9:30 AM IN CR#3 CUMBERLAND COUNTY COURTHOUSE - BY THE COURT EDWARD E GUIDO J - COPIES MAILED ------------------------------------------------------------------- COURT ENSION APPEAL 10/21/2008 HRDRRNGFSCH DULEDIFOR010'24/08EATL9:30SAMSISPRESCHEDULED TO THE 125T08gAT 10:00 AM IN CR3 - BY EDWARD E GUIDO J - COPIES MAILED ------------------------------------------------------------------- 11/24/2008 MOTION FOR CONTINUANCE - BY PHILIP M BRICKNELL ATTY FOR PA DEPT OF TRANSPORTATION ------------------------------------------------------------------- 11/26/2008 ORDER OF COURT - D AND RE: MOTION FILED IS 11/25/08 IN RESCHEDULED O FO7 1T/9/09N A AT 3:00 PM IN CR3 - BY EDWARD E GUIDO J - COPIES MAILED 11 26/08 ------------------------------------------------------------------- THE APPEAL 1/13/2009 IORDER S SUSTTAINEDRT BYl//ED9//WA0R9D-EAGUIDOHJA- COPIES MAILED 10/13/OgTIONER ---------------------------------------------------------------- o?S 2/02/2009 NOTICE OF APPEAL TO COMMONWEALTH COURT FILED BY PHILIP BRICKNELL - - - ESQ ------------------------------------------------------------------- a(;, 2/02/2009 REQUEST FOR TRANSCRIPT ------------------------------------------------------------------- 7_? 2/02/2009 PROOF OF SERVICE - BY COMMONWEALTH OF PENNSYLVANIA ------------------------------------------------------------------- ?y? 2/05/2009 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 162 CD 2009 ------------------------------------------------------------------- 3 a 2/05/2009 ORDER OF COURT - 2/5/09 IN RE: LIC NSE SUSPENSION APPEAL - BY EDWARD E GUIDO J - COPIES MAILED 2/5/09 ------------------------------------------------------------------- 3 3°7Q 2/13/2009 TRANSCRIPT OF PROCEEDINGS - BY EDWARD E GUIDO J ------------------------------------------------------------------- ...7/--2 7 2/20/2009 STATEMENT ATTYATTERS COMPLAINED OF ON APPEAL - BY PHILIP M FOR DEFT ------------------------------------------------------------------- ?? 5/18/2009 ORDER - 5/18/09 IN RE: OPIN ON PURSUANT TO PA RAP 1925 - BY EDWARD E GUIDO J - COPIES MAILED 5/18/09 ------------------------------------------------------------------- 5/21/2009 NOTICE OF DOCKET ENTRIES MAILED TO PHILIP M BRICKNELL ESQ AND EDWARD F SPREHA JR ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information 09523405212009 Cumberland County Prothonotary's Office Page 2 PYS510 Civil Case Print 2008-05222 GEOGHAN JOHN J III (vs) COMMONWEALTH OF PA DEPT OF TRA Reference No... Filed......... 8/29/2008 Case Type.....: APPEAL - LICENSE SUSP Time.........: 3:46 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Disposed Desc.: Jury Trial.... Disposed Date. i 0/00/0000 162 CD 2009 ------------ Case Comments ------------ - gher Crt 1.: H Higher Crt 2.: * Fees & Debits Beg Bal ymts/Ad P End Bal *************************** ******************************** ******* * * ****** **** APPEAL LIC SUSP 55.00 55.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 APPEAL HIGH CT 48.00 48.00 --------- .00 ------------ --------------- 126.50 126.50 .00 ******************************************************************************** End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ..... ?....... day of.... .??t' ....... .........`.... ...... :.. ev.... . Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 1014 - 09/07 "'v r Commonwealth Court of Pennsylvania Kristen W. Brown Prothonotary Michael Krimmel, Esq. June 5, 2009 Chief Clerk of Commonwealth Court Notice of Discontinuance of Action RE: Geoghan III v. DOT Appeal of: Bureau of Driver Licensing Type of Action: Notice of Appeal No. 162 CD 2009 Cumberland County Court of Common Pleas Agency Docket Number: 08-5222 Civil Term Irvis Office Buildine. Room 624 Harrisbure. PA 17120 717-255-1650 The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Party Name Party Type Philip Murray Bricknell, Esq Terrance M. Edwards, Esq. Edward F. Spreha, Esq. Bureau of Driver Licensing Bureau of Driver Licensing John J. Geoghan, III Appellant Appellant Appellee Certified from the Record JUN 0 5 2009 and Order Exit OF 4W047ARY 2009 JUN -8 AH I I: 42 CtJ,A ::. -,-? a: : !k lirJT"Y + ? rn ti n PENN,8 ?NAI ,'Ax File Copy Commonwealth Court of Pennsylvania Kristen W. Brown Prothonotary Michael Krimmel, Esq. Chief Clerk of Commonwealth Court Irvis Office Building, Room 624 June 8, 2009 Harrisbure. PA 17120 717-255-1650 Certificate of Remittal/Remand of Record TO: RE: Geoghan III v. DOT No. 162 CD 2009 Trial Court/Agency Dkt. Number: 08-5222 Civil Term Trial Court/Agency Name. Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description trial court record May 22, 2009 1 Date of Remand of Record: 6/8/2009 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. P&U4 Signature Date Printed Name FILED-OFF-CE OFT PROTIO'NCTARY 1009 JUN -9 PM Z: Q6 CUCui c v f"'OUNTY PENNSYLVANIA Commonwealth Court of Pennsylvania Kristen W. Brown 0 Prothonotary June 5, 2009 Michael Krimmel, Esq. Chief Clerk of Commonwealth Court Notice of Discontinuance of Action RE: Geoghan III v. DOT Appeal of: Bureau of Driver Licensing Type of Action: Notice of Appeal No. 162 CD 2009 Cumberland County Court of Common Pleas Agency Docket Number. 08-5222 Civil Term FW CopY Irvis Office Buidi V Room 624 FILMlibom PA 17120 -M7-255-1650 The above-captioned matter has been marked "Discontinued" with this cowri.:-. Certification is being sent to the lower court. Attorney Name Party Name Party ry;Pe Philip Murray Bricknell, Esq Terrance M. Edwards, Esq. Edward F. Spreha, Esq. Bureau of Driver Licensing Bureau of Driver Licensing John J. Geoghan, III Appe Ilarit Appellant AP pef*e OF TW MOTI-'MOTARY 2H9 JUN -9 FM 2:06 VtiwIC.k`"Gr`.'tii J ?DUNi E` pFRJI?,,'?Yl.V/?NIA CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: John J. Geoghan, III VS. ,.., fr7 Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing -- `p 08-5222 Civil Term 162 CD 2009 f' z A C=) m -r The documents comprising the record have been numbered from No.1 to 84, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 051.E 1/2009 . rtis R. oth notary Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title