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Home My WebLink About10-5308 LUi h'., i7 1 rz ?,v? a Au?¢. ? Z a rn P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Petitioner BRIAN S. RENTSCHLER V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO: !O -- S?aS `t vi ?,, / ?L COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, Brian S. Rentschler, by and through his attorneys, Mancke, Wagner & Spreha, and files the following License Suspension Appeal: 1. Your Petitioner, Brian S. Rentschler, is an adult individual and a licensed driver in the Commonwealth of Pennsylvania with a residence address of 1841 Basin Hill Blvd., Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania. 3. On or about July 20, 2010, the Petitioner herein received a notice of license suspension of his driving privilege for a period of one (1) year for allegedly violating § 1547 of the Motor Vehicle Code. A copy of said notice is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. q • 00 I?cL eke tq3 4. The facts and occurrences for which this suspension was filed occurred July 3, 2010 in Middlesex Township, Cumberland County, Pennsylvania. 5. At the aforementioned time and place, the Petitioner herein allegedly refused to take a blood test while at the Carlisle Booking Center. 6. The suspension is invalid and improper and should be overturned for the following reasons: A. The chemical test intoxilyzer unit was not certified for accuracy; B. The intoxilyzer breath test device was not properly calibrated; and C. The officer did not give the correct O'Connell warnings unto the Petitioner. 7. Petitioner believes and therefore avers that the license suspension should be invalidated, and should be set aside. -2- WHEREFORE, Petitioner requests this court to grant his appeal from the license suspension, reinstatement and dismissal of the suspension notice, and determine that his suspension is null and void. Respectfully Submitted, Mancke, Wagner & Spreha Ric agner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Petitioner Date: F,2,- to -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: 5 / llior COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 20, 2010 BRIAN STEWART RENTSCHLER WID # 101946680827999 001 1841 BASIN HILL BLVD PROCESSING DATE 07/13/2010 DRIVER LICENSE # 23709366 CARLISLE PA 17013 DATE OF BIRTH 08/14/197.5 Dear MR. RENTSCHLER: 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 07/03/2010: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/24/2010 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 08/24/2010. You may surrender these items before, 08/24/2010, 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 $12.00. 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: EXHIBIT ??' a 101946680827999 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". 101946680827999 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 20, 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 08/24/2010. Sincerely, 9?-k ?-- - '6 g &') Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6.00 p.m. IN STATE 1-800-932-4.600 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 RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Receipt Date 8/13/2-01 Carlisle, Pa 17013 Receipt Time 11:01 Receipt No. 2467_ RENTSCHLER BRIAN S (VS) PENNSYLVANIA COMMONWEALTH OF -? - Case Number 2010-05308 Received of PD MANCKE WAGNER SPREHA IM Total Non-Cash..... + Total Cash 92.00 Check# 6193 ......... + Change ............. - .00 .00 Receipt total...... _ $92.00 ------------------------ Distribut ion Of Payment ------------------- -------.- Transaction Description Payment Amount APPEAL LIC SUSP TAX ON APPEAL 55.00 CUMBERLAND CO GENERAL FUND ?. SETTLEMENT .50 8 00 BUREAU OF RECEIPTS AND CONTROL"_ AUTOMATION FEE JCP FEE . 5.00 CUMBERLAND CO GENERAL FUND CUMBERLAND CO AUTOMATION FUNd . y 23.50 _ -. .... BUREAU OF RECEIPTS AND CONTR&L,- $ 92.0 0 ?-^„,. JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. LAW OFFICES MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 August 2, 2010 Mr. David D. Buell Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Brian Rentschler v. Pa. Dept. of Transportation Dear Mr. Buell: PHONE (717) 234-7051 FAX (717) 234-7080 Enclosed herein for filing please find a License Suspension Appeal on behalf of my client, Brian Rentschler. I have enclosed a check in the amount of $92.00 to cover the filing fee. Should anything further be required, please let me know. Your attention is appreciated. ,J Wagner PRW/dks Enclosures 4 3 ao I? Al,[G- 20 Am 9.'oL P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 - Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Petitioner AUG ; 2 2010 BRIAN S. RENTSCHLER V. COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : LICENSE SUSPENSION APPEAL NO: 10 -- s3o6 l., tcj c L ORDER 444 (--- 'Ro/O AND NOW, this 11 day of upon Petition of Brian S. Rentschler, a hearing is set on the License Suspension Appeal for the I i day of o 01 - / , 2010, at /Q • d 0 o'clock R in. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation 0 Pursuant to § 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending final determination in this matter. Distribution: Prothonotary's Office ice of Chief Counsel, PennDOT, 1101 S. Front Street, Harrisburg, PA 17104-2516 ?P. Richard Wagner, Esq., 2233 N. Front Street, Harrisburg, PA 17110 6 oia BY T COURT: J. BRIAN S. RENTSCHLER, Petitioner ocT o 5 zoo IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, N0.2010-5308 DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER /'~ AND NOW, this ~ day of V , 2010, upon consideration of the Department's Motion to Continue, the Motion is `reby GRANTE ,and the Matter is Continued and rescheduled for hearing on the ~~ day of ~ 2010 at ~ ~ .m. in Courtroom No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania. BY T T J. DISTRIBUTION: ~ichard Wagner, Esq., 3322 North Front Street, Harrisburg, PA 17110 clip Bricknell, Esq., PennDOT, Riverfront Office Center-3rd Floor, 1101 So lint ~reet, Hamsburg, PA 17104-2516 ~-~°~. o - c~-` rya c 7 _.., s® cn~ ~ ° ~~ -~ ~~ °~o ~ ~~~ X~ ~ ~ ~ r~~ -~. oc~ o ~ zoo BRIAN S. RENTSCHLER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, R d N0.2010-5308 espon ent ~, c ~ ~ -~ MOTION FOR CONTINUANCE ~ ~, - ~ ~} ~ °~ c~ ; ~, ~:_ cs e7 ~=~ NOW COMES, Respondent, the Commonwealth of Pennsylvania, Dep~tme~t o~ Transportation (the "Department"), and moves for a continuance as follows: 1. The above captioned matter is scheduled for a hearing on October 11, 2010, at 10:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse. 2. The petitioning party, Brian Rentschler, is represented by P. Richard Wagner, Esquire. 3. The responding party, the Department, is represented by Philip M. Bricknell. 4. A continuance is requested because witness for the Department, Pennsylvania State Police Corporal Michael Brandtonies, is unable to attend the hearing on October 1 1, 2010 due to a conflict. 5. Officer Brandtonies is available for a hearing of Brian Rentschler's appeal on October 27, 2010 and is scheduled to attend another Cumberland County license suspension hearing scheduled on that date. 6. Attempts to reach Mr. Wagner regarding this motion via telephone and first class mail have been unsuccessful. Mr. Rentschler's operating privilege has been restored pending appeal. Respectfully submitted, Philip M. Bricknell Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 1 7 1 04-25 1 6 (717) 787-2830 I.D. no. 88330 Date: October 4, 2010 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: October 4, 2010 Philip M. Bricknell 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 at the following address: P. Richard Wagner, Esq. 3322 North Front Street Harrisburg, PA 17110 Date: October 4, 2010 / '" - / Philip M. Bricknell Counsel for Respondent BRIAN S. RENTSCHLER, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY C7 N N0.2010-5308 CIVIL T~tMo ~ ~ x ~~ ° ~ m ~ --i r -v ~ ~r ~ ov ORDER xo ~ i c = °r*r AND NOW, this 27~" day of October, 2010, the appeal filed in the nova ` referenced matter is: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED. and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED AND RESCHEDULED FOR THE DAY OF , 2010, AT _.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. BY T OURT: J. Att st: P. Richard Wagner, Esq.; Manke, Wagner, & Spreha, 2233 North Front Street, Harrisburg, PA 17110 Phili M. Bricknell Es P nn p q , e sylvarna Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 t E.S rrta ~~ tc~ ~? ~ ~p n'l