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Home My WebLink About09-0290 ADDISON R. WARNER, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA VS. : No. 0 9 2 96 Cur l -7 COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW COMES, Petitioner, ADDISON R. WARNER, (hereinafter "Petitioner"), by and through his attorneys, Saidis, Flower & Lindsay, and respectfully petitions the Court pursuant to 75 Pa.C.S.A. § 1550 for review of an Order of the Department of Transportation suspending his operating privilege, and in support thereof represents as follows: 1) Petitioner is an adult individual presently residing at 624 Belvedere Street, Carlisle, Pennsylvania. 2) Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. 3) Petitioner currently possesses a valid driver's license issued to him by the Commonwealth of Kentucky on August 18, 2006, which has not heretofore been suspended, cancelled or revoked. 4) The Director of the Bureau of Driver Licensing notified Petitioner of a suspension of his driving privilege effective January 28, 2009, by Notice dated December 24, 2008 a copy of which is attached hereto as "Exhibit A." 5) The Notice specified that the suspension of the driver's license is based upon an alleged violation of "Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 11/23/2008[.]" 6) Petitioner has a valid defense to the claim of chemical test refusal referenced in paragraph 5 of this Petition and in fact avers that his actions do not amount to a refusal of the chemical test. 7) Petitioner believes that the recall and suspension by Respondent is not warranted since he believes that his actions do not amount to refusal of the chemical test. Moreover, he believes that the recall and suspension by Respondent is not based upon competent evidence or the facts as they exist in this case and is, therefore, illegal and contrary to the law. 8) Petitioner avers that he is not taking this appeal for the purpose of delay and that he sincerely and legitimately believes that he has a valid defense in this action. WHEREFORE, the Petitioner respectfully requests this Honorable Court to grant this appeal and that this appeal act as a supersedeas to the suspension of Petitioner's driving privileges pending disposition of this appeal. Respectfully submitted, SAIDIS, FLOWER & LINDSAY By: Date ean . eynosa Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 24, 2008 ADDISON R WARNER WID # 083526117539373 001 624 BELVEDERE ST PROCESSING DATE 12/17/2008 DRIVER LICENSE # 29918442 CARLISLE PA 17013 DATE OF BIRTH 07/15/1985 Dear MR. WARNER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 11/23/2008: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/28/2009 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION and PAYING THE RESTORATION FEE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirement are satisfied. COMPLYING WITH THIS SUSPENSION You must acknowledge this suspension of your drivin privilege. You will not receive credit toward serving an suspension until we receive 'your acknowledgment'form.. Yo may surrender the acknowledgment form before this date 01/28/2009, for earlier credit. Complete the followin steps to acknowledge this suspension: 1. Complete the enclosed DL-16LC acknowledgment form. 2. Be sure to sign the form. 3. Return the form to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4. Upon receipt, review and acceptance of this acknowledgment, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks of mailing your documents, please contact our office. Otherwise, you 083526117539373 will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 24, 2008, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for 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 the enclosed DL-16LC acknowledgment form to PennDOT by 01/28/2009. Sincerely, 9?tu ?-- - Z go.,) / Janet L. Dolan, Director Bureau of Driver Licensing 083526117539373 INFORMATION 8:00 a.m. to 6.00 p.m. 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.state.pa.us VERIFICATION I, Addison R. Warner, hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: January 2009 Addison R/der ( V V?, O f1 I V IZI% d N 22 j f of -t JAN 2 3 Z001%c, ADDISON R. WARNER, Petitioner vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 - ?,go COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent SCHEDULING AND SUPERSEDEAS ORDER AND NOW, this oQ L01 day of 10-4, , 2009, upon consideration of a Petition for Appeal of License Suspension filed by ADDISON R. WARNER (hereinafter "Petitioner"), IT IS HEREBY ORDERED that a hearing on this matter shall be held on 3 , 2009, at V90 o'clock P . M. in Courtroom No. S of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED THAT the action of the Department of Transportation in suspending the Petitioner's driving privileges is hereby stayed pending a final decision of the court to the extent provided under §§ 1550 (b) and 1377 of the Motor Vehicle Code. Petitioner is directed to serve a copy of this appeal on the Pennsylvania Department of Transportation. By the Court, I N, I- \ J. Cc: Prothonotary Court Administration 7e an E. Reynosa (Counsel for Petitioner), 2109 Market St., Camp Hill, PA 17011 Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 4 5 C" 9? KAyr HE ?J ADDISON R. WARNER, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA vs. : No. 09-290 COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, : Respondent AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND DEAN E. REYNOSA, ESQUIRE, being duly sworn according to law deposes and says that: 1. I am an attorney-at-law, duly licensed to practice my profession in the Commonwealth of Pennsylvania and County of Cumberland. 2. I have an office for such practice with the law firm of Saidis, Flower & Lindsay, situate at 2109 Market Street, Camp Hill, Cumberland County, Pennsylvania 3. A true and correct copy of the Petition for Appeal of Suspension was served upon the following on January 26, 2009 at the stated address by the method of certified mail, return receipt requested: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 4. Attached hereto and made a part hereof is the acknowledging service. , SA,`kSQUIRE Sworn and subscribed to before me this day of January, 2009. ARY PUBLIC CAMMO FALTH of PENNSYLVANIA Noww sw YVWN Sws* NoWy Pubk CMV HN SM Cumbulyd caour?y . rennFAMM AtsodWM card ¦ Complete it" 1, 2, and 3. Also complete hem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the caret to you. ¦ Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Pennsylvania Departmetht of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 X 13 Agent ? Addreme B. Received by (Printed Name) . Date of Delivery JAC 2 6 2009 D. Is delivery address df rw t from Rem 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type 12tertifled Mail ? l5wess Mail E3 Registered 2'Asturn Receipt for MerchandM 13 insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7 04 055 0000 8951 3038 (rnrrMW Gom senrke label) - P? iwr,t? 1 , Febrtisry 2W4 Dorrlwtk Rek" RicMpt 102595-02-M-1540: CERTIFICATE OF SERVICE AND NOW, January A) , 2009, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing AFFIDAVIT OF SERVICE and attachment upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 C`' q 1 4?? ??? _ _? J ADDISON R. WARNER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL NO. 09-0290 CIVIL ORDER OF COURT AND NOW, this 3`d day of April, 2009, after hearing in the above captioned matter, the Court makes the following Findings of Fact: 1. On November 23, 2008, at approximately 1:22 a.m., the Defendant was the operator of a silver Toyota which was involved in a single motor vehicle accident during which he drove over and completely flattened a traffic control sign. 2. The Petitioner, when confronted by Cpl. Speck for the Hampden Township Police Department was visibly and highly intoxicated. 3. The Petitioner was uncooperative with the Police Officer during his investigation. 4. While the Defendant was being fingerprinted by the Booking Agent, he struck the Booking Agent in the testicles with his hand in an action called in the vernacular a "ball tap." 5. Cpl. Speck clearly read the chemical test warnings to Petitioner from the DL-26 form. 6. After hearing the testimony of Cpl. Speck and viewing the video of the Petitioner's behavior at the booking center (Commonwealth's Exhibit 3), the Court finds the testimony of the Petitioner not to be credible. ? c} :? ? ? -- ?d'? 6?OZ 1•+? `,J ,{tL1? 7. The Petitioner was not confused about the information written in the DL-26 form as read to him by Cpl. Speck. 8. The Petitioner refused to submit to chemical testing. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Petitioner's Appeal of his License Suspension is DISMISSED. By the Court, kst, --?, 4" M. L. Ebert, Jr., J. Dean Reynosa, Esquire Attorney for Defendant X-Phillip Bricknell, Esquire Attorney for PennDot bas f ----4/11