HomeMy WebLinkAbout11-3821STEPHEN ALAN CURL, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. No.
z?
MW a? ; -z-
COMMONWEALTH OF Civil Appeal From License'Suspen rr-a ?
?
PENNSYLVANIA, DEPARTMENT OF .{ o
TRANSPORTATION,
=c ate'
-
T' N q
r!
? rJ1
PETITION OF APPEAL FROM SUSPENSION OF DRIVING ERIVILEGES
And now comes the Petitioner Stephen Alan Curl by and through his attorney, Douglas
K. Marsico of Caldwell & Kearns and file the within Petition of Appeal from Suspension of
Driving Privileges and in support thereof aver the following:
1. The Petitioner is an adult individual residing at 505 David Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. The Petitioner is licensed as a motor vehicle driver by the Commonwealth of
Pennsylvania, License No. 27574980.
3. By official notice dated March 31, 2011, the Petitioner received notification from
the Commonwealth of Pennsylvania, Department of Transportation that his driving privileges
were suspended for a period of twelve months.
4. The suspension was based upon an alleged refusal to take a chemical test on
February 14, 2011.
5. The Petitioner did not in fact refuse to take the chemical test and the police
officer's determination that the Petitioner's conduct acted as a refusal was arbitrary and
capricious.
6. The Petitioner did not unequivocally refuse to take the chemical test to determine
blood alcohol content.
,('CI ? 4 9,2 1,6
e,llif -i?lftAo
p f-#-l n1Ar5tm
;' l'td 1 % 2310
7. The Petitioner hereby appeals the notice of suspension and requests a hearing by
this Honorable Court.
WHEREFORE, the Petitioner prays your Honorable Court to vacate the one year license
suspension as imposed by the Commonwealth of Pennsylvania, Department of Transportation in
its March 31, 2011 notice.
Respectfully submitted,
*UToorth sico, Esquire
A o. 69804
AL KEARNS
3631 t Stree t
Harrisburg, PA 17110
717-232-7661
Date: I I Attorney for Petitioner
? ??
CERTIFICATE OF SERVICE
AND NOW, this I / day of April, 2011, I hereby certify that I have served a copy of the
within document on the following by certified mail addressed to:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
Third Floor, River Front Office Center
Harrisburg, PA 17104
B3
CALDWELL & KEARNS
i 1
STEPHEN ALAN CURL, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. No.
COMMONWEALTH OF Civil Appeal From License Suspension
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
ORDER
And now this - 2 6 ? day of - , 2011, upon presentation of the
attached Petition, a hearing de novo is granted to determine whether the actions of the
Department of Transportation in suspending the driving privileges of the Petitioner should be set
aside. It is hereby ordered and decreed that no suspension shall occur until a hearing has been
held. The hearing in this matter is scheduled for , 2011 at •3 d JYl
o, ez in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania.
'bouglas k. Marsieo, &9-
V boi-
O*A;A
A?
-a s
rn co
XM
XM
??
3M-
N)
C:)
CIM
°G~r
r
=°
BY THE COURT
i
STEPHEN ALAN CURL,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-3821 Civil :--;
C_-- c
CIVIL APPEAL - LAW r ;
2 x ,
APPEAL FROM LICENSE SUSPEN
1
r- ? rn
C
Z
Q
i; C .?
PRAECIPE TO WITHDRAW APPEAL -4 c>
_< C;
On behalf of the Petitioner, please withdraw the appeal in the above-captioned case.
Respectfully submitted,
BV i
Marsico,'L"§-q-uire
V&vff
Sup. t. I.D. No. 69804
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661 - Phone
(717) 232 - 2766 - Fax
Cs
:rl
Q C*'.)
Attorneys for Petitioner
Date: July 5, 2011
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Philip Bricknell, Assistant Counsel
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
1101 South Front Street
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Respectfully submitted,
By:
Do sico, Esquire
p. t. . No. 69804
3631 rth Front Street
Harrisburg, PA 17110-1533
(717) 232-7661 - Phone
(717) 232 - 2766 - Fax
Attorneys for Petitioner
Date: July 5, 2011
178939