HomeMy WebLinkAbout10-4361
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TISHA D LANDRUM, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
No.: j0' -/3
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
DOCKET NO: CV 2008
BUREAU OF DRIVER'S LICENSING,
Respondent
STATUTORY OPERATOR'S LICENSE
APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
STATUTORY OPERATOR'S LICENSE APPEAL
AND NOW, this 29th day of June, 2009, comes the above-captioned defendant,
Tisha D. Landrum, by and through her counsel, The McShane Firm, LLC, and Tim M.
Barrouk, Esquire, and hereby appeals from a Notice of Suspension issued by the
Pennsylvania Department of Transportation, Bureau of Driver's Licensing, and avers the
following in support thereof:
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1. This Court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a) and
75 Pa.C.S.A. §1550(a).
2. The Petitioner is Tisha D. Landrum, Pennsylvania Driver License Number
25195631, whose place of residence is 608 Bosler Ave, Lemoyne, PA 17043 in
the County of with a date of birth of 14 November 1979.
3. Respondent is the Bureau of Driver's Licensing of the Commonwealth of
Pennsylvania, Department of Transportation, which has its principal place of
business at the Riverfront Office Center, 1101 South Front Street, Harrisburg,
Pennsylvania.
4. The Appeal is taken from an Official Notice bearing a mailing date 25 June 2010.
With that Notice the Bureau of Driver's Licensing notified Petitioner that it was
suspending his privilege of operating a motor vehicle for the period of 1 year,
effective 30 July 2010, at 12:01 a.m., pursuant to Section 1547(b)(1) of the
Pennsylvania Vehicle Code, as a result of an alleged refusal by Petitioner to
submit to chemical testing on 5 June 2010. A true and correct copy of the
Bureau's Notice of Suspension is appended to this Petition as Exhibit "A".
5. The 1 month suspension of Petitioner's operating privilege is improper and illegal
because:
a. The Officer involved in this matter did not possess
reasonable grounds to demand that the Petitioner submit to
the chemical test.
b. The Officer did not properly advise the Petitioner of her
implied consent and O'Connell warnings.
c. The Petitioner's alleged refusal to submit to chemical testing
was not equivocal, knowing, voluntary, and intelligent.
6. The Petitioner requests relief pursuant to 75 Pa. C.S.A. §1550 (b)(1) -
Supersedeas. As this matter is timely filed and service has been effected upon
the Department's legal office, and none of the enumerated exceptions under 75
Pa. C.S.A. §1550 (b)(1) (ii) or (iii) exist.
WHEREFORE, Petitioner, Tisha D. Landrum, respectfully requests this
Honorable Court hold a de novo hearing on his Appeal from the suspension of his
operating privilege and invalidate the illegal taking of her privilege to operate an
automobile and issue orders consistent with the same to the Department of
Transportation, Bureau of Driver's Licensing, to suspend her operating privilege.
Respectfully submitted,
The McShane Firm, LLC
cd-
Tim M. Barrouk, Esquire
Attorney for Petitioner
4807 Jonestown Road
Suite 148
Harrisburg, PA 17109
Tel: 717-657-3900
Fax: 717-657-2060
Attorney ID: 204537
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JUNE 25, 2010
TISHA D LANDRUM WID # 101696123527626 001
608 BOSLER AVE PROCESSING DATE 06/18/2010
DRIVER LICENSE # 25195631
LEMOYNE PA 17043 DATE OF BIRTH 11/14/1979
Dear MS. LANDRUM:
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 06/05/2010:
¦ Your driving privilege is SUSPENDED for a period of 1
YEAR(S) effective 07/30/2010 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 07/30/2010. You may
surrender these items before, 07/30/2010, for earlier
credit; however, you may not drive after these items 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 512.00. You must present two (2) forms of proper
identification (e.g., birth certificate, valid U.S.
passport.- marriage certificate, etc.) 'in order to obtain
your photo identification card.
You will not receive credit toward serving any suspension
until we receive your license(s). Complete the following
steps to acknowledge this suspension.
1. Return all current Pennsylvania driver's licenses,
learner's permits and/or camera cards to PennDOT. 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 to:
101696123527626
Pennsylvania Department of Transportation
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 given credit
toward serving this suspension. PennDOT phone 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.
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.
Please note: Paying the restoration fee DOES NOT satisfy
the requirement to acknowledge your suspension/revocation.
If you have not acknowledged your suspension/revocation,
Please follow the instructions listed under "Complying with
this Suspension/Revocation".
101696123527626
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JUNE 25, 2010, 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 all current Pennsylvania driver license products
to PennDOT by 07/30/2010.
Sincerely,
.! ? '-?- - Z g z ")
Janet L. Dolan, Director
Bureau of Driver Licensing
INFORMATION 8:00 a.m. to 6.00 p.m.
IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676
OUT-OF-STATE 717-412-5300 TOO OUT-OF-STATE 717-412-5380
WEB SITE ADDRESS www.dmv.state.pa.us
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office Receipt Date 7/01/2010
Carlisle, Pa 17013 Receipt Time 16:19:13
Receipt No. 244556
LNADRUM TISHA D (VS) COMM OF PA DEPT OF TRANSPORT
Case Number 2010-04361
Received of PD ATTY BARROUK
MJM
Total Non-Cash..... +
Total Cash......... +
Change ............. -
Receipt total......
92.00 Check# 2181
.00
.00
$92.00
Distribution Of Payment
Transaction Description Payment Amount
PETITION
TAX ON PETITION 55.00 CUMBERLAND CO GENERAL FUND
SETTLEMENT .50
8
00 BUREAU OF RECEIPTS AND CONTROL
AUTOMATION FEE .
5.00 CUMBERLAND
CUMBERLAND CO GENERAL FUND
CO AUTOMATION FUND
JCP FEE 23.50 BUREAU OF RECEIPTS AND CONTROL
$92.00
.,~ •
JUL 072010
TISHA D LANDRUM, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY,
PENNSYLVANIA
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
DOCKET NO: CV 2008
BUREAU OF DRIVER'S LICENSING,
Respondent
STATUTORY OPERATOR'S LICENSE
APPEAL
ORDER OF COURT
AND NOW, this ~~ day of , 2010, IT IS HEREBY
ORDERED AND DECREED THAT the Petitioner's Motion for a de novo hearing
regarding the Bureau of Driver's Licensing of the Commonwealth of Pennsylvania's
suspension of the Petitioner's Operating Privilege IS GRANTED.
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as i in i of
This matter is set for~yu~er~t t e ~ day of ,
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2010, at ~~ d~ P~'clock in Courtroom
FURTHER, this Court directs The Department to stay its planned
suspension during the pendency of this Appeal
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to 75 Pa. C.S.A. §(b~(;1).
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Distribution:
"~ Office of Chief Counsel, PennDOT
'~ Tim M. Barrouk, Esquire, The McShane Firm, LLC, 4807 Jonestown Road, Suite 148,
Harrisburg, PA 17109
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TISHA D LANDRUM,
v.
COMMONWEALTH OF
PENNSYLVANIA, DEP RTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
espondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 10-4361 Civil Term
STATUTORY OPERATOR'S LICENSE
APPEAL
AFFIDAVIT OF SERVICE
I, Tim M. Barro k, Esquire, do hereby affirm that I have served upon the
Department of Transpo ation, Bureau of Driver's Licensing, a true and correct copy of
Trisha D. Landrum's Pe ition for Appeal of Operating Privilege Suspension by sending
said copy to the Bureau of Driver's Licensing by United States Postal Service, Certified
Mail, Retum Receipt R uested, Receipt No,. 7007 0710 0002 4080 4842, ~lrep~ed,
as follows:
~~
Office of Chief Counsel -- -~;~,
Department of Transportation ~;. -
,.
Riverfront Office Center - 3`~ Floor ~~ ~~ _
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1101 S. Front Street ~ ~ -` ~ ~ ` ~w
Harrisburg, Pennsylvania 17104-2516 j. ~` ~"'~ `
~.
This affirmation is made with the knowledge of the penalties of 18 P.S. §4904
relating to un-sworn falsi ication to authorities.
Respectfully submitted,
The McShane Firm, LLC
~~ ~
Tim M. Barrouk, Esquire
Attomey for Petitioner
4807 Jonestown Road
Suite 148
Harrisburg, PA 17109
Tel: 717-657-3900
Fax: 717-657-2060
Attomey ID: 204537
TISHA, D LANDRUM,
v
Petitioner
COMAAONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 10-4361 Civil Term
STATUTORY OPERATORS LICENSE
APPEAL
1, Tim M. Bantiuk, Esquire, do hereby affirm that I have seed upon the
Department of T rtation, Bureau of Driver's Licensing, a true and Oxmct copy of
Trisha D. Lark nW* Pin for Appeal of Ope ing Privilege Suspension by standing
said copy to to Bumau of Driver's Licensing by United Siallis Postal Service, Certified
Mall, R um Receipt Requested, Receipt No,. 7007 0710 0002 4080 4042, addressed
as t4kms:
Office of Chief Counsel
Department of Transportation
Riverfront Office Center - 3'd Floor
1101 S. Front Street
Harrisburg, Pennsylvania 17104-2516
This affirmation is made with the knowledge of the penalties of 18 P.S.
relating to un-sworn falsification to authorities.
Respectfully submitted,
The XcShww FkM LLC
r)?
Tim M. Bar m*, Esquire
Attorney for Petitioner
4807 Jonestown Road
Suite 148
Harrisburg, PA 17109
Tel: 717-667-3500
Fax: 717-657-2060 {
Attorney ID: 204537 ;p
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Exhibit "A"
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TISHA D. LANDRUM,
PETITIONER
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
q 3lj l
DOCKET NO.: 10-444-1, CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APP
BUREAU OF DRIVER LICENSING, iR
RESPONDENT
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ORDE
AND NOW, this day of '1010, upon consideration o4e
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Department's Motion to Transfer Matter to the Court of Common Pleas of Dauphin County
Where Proper Venue Lies, this Court grants the Department's motion and it is hereby
ORDERED that this matter be TRANSFERRED TO THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY where proper venue lies.
It is further ORDERED that that all costs, including transfer costs and filing fees, are to
be paid by the petitioner, Tisha D. Landrum, who shall ensure the case is transferred and filed
within 60 days of the date of this Order.
It is further ORDERED that the Department of Transportation shall reinstate the
suspension of operating privileges, if the appeal has not been filed in accordance with this Order.
By the Court:
J.
?TRIBUTION:
,,,-'rim M. Barrouk, Esquire, The McShane Firm, LLC, 4807 Jonestown Road, Suite 148,
Harrisburg, PA 17109
M. Bricknell, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd
Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
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