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Home My WebLink About11-6222IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT NO. - & Ma ? iva T rpt ? D L U1 :. t_M V. FRANCIS A. SIRIANNI, PETITIONER PETITION FOR APPEAL OF NOTICE OF SUSPENSION OF DRIVING PRIVILEGES And now comes your Petitioner, Francis A. Sirianni, by and through his counsel Willig, Williams & Davidson and Irwin W. Aronson, Esquire, and appeals the Notice of Suspension issued by the Commonwealth of Pennsylvania Department of Transporta- tion and states in support of his appeal as follows: 1. Your Petitioner is Francis A. Sirianni, an adult individual whose residential address is 935 York Road, Dillsburg, York County, Pennsylvania 17019. 2. Petitioner, Francis A. Sirianni, is currently possessed of a valid Pennsyl- vania driving operator's license issued to him on March 20, 2008, which has not hereto- fore been suspended, cancelled or revoked. 3. By letter dated on or about July 28, 2011 the Pennsylvania Department of Transportation entered an Order, in writing, suspending Petitioner Francis A. Sirianni's driver's operating privileges based upon a putative and alleged violation of Section 1547 of the Pennsylvania Vehicle Code asserting a chemical test refusal on June 25, 2011. A true and correct copy of the said letter is attached hereto as Exhibit A and incorpo- rated by this reference as if fully set forth herein. 4 qa. QO PD A77! ?t a?ao 4. The suspension is improper and unlawful for various reasons including, but not limited to, the fact that your Petitioner did not and never refused to submit to a chemical test and the arresting officer failed to properly provide your Petitioner with an adequate opportunity to submit to a chemical test. 5. Based upon the improper and unlawful Notice of Suspension of your Peti- tioner's driver operating privileges, your Petitioner respectfully appeals the imposition, by the Pennsylvania Department of Transportation of the said Suspension. 6. Based upon the improper and unlawful Notice of Suspension of your Peti- tioner's driver operating privileges, your Petitioner respectfully demands a supersedeas and stay of the imposition of the improper and unlawful suspension of his driving privi- leges presently scheduled to commence on or about September 1, 2011 and continue for a period of one year thereafter, and further, that a supersedeas be issued with re- spect to your Petitioner being otherwise compelled to return his Pennsylvania Driver's License pending the final resolution of the instant Appeal. Respectfully submitted, WILLIG, WILLIAMS & DAVIDSON 212 Locust Street, Suite 504 Harrisburg, PA 17101 (717) 221-10QQ IRWIN W'ARONSON PA REG. No. 36921 Dated: ,(??? ) ST 5 Zo// COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 28, 2011 FRANCIS FRANCIS A SIRIANNI YORK RD YID 0 132026746505256 001 PROCESSING DATE 07/21/2011 DILLSBURG PA 17019 DRIVER LICENSE i 16545526 DATE OF BIRTH 05/28/1955 Dear MR. SIRIANNI: This is an Official Notice of the Suspension of yo Drivin Privilege as authorized by Section 154791Iurof the Pennsylvania Vehicle Code. As a result of the your Section 1547 of the Vehicle Code, CHEMICAL TESTvREFUSAL, on 06/25/2011: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 09/01/2011 at 12:01 a.m. COMPLYING WITH THIS SUSPEN ION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 09/01/2011. You may surrender these items before, 09/01/2011, 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 $13.50. 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 letter why you are unable to return your your driver's license. Remember: You may not retain y our driver's license for identification purposes. Please send these items to: 112026746505256 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-x693 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 RESTO?ATrnu Fc You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving pay your restoration fee, complete the followin ege. To g s siteps= 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 Please follow the instructions liYour usponun/ s3omrevocation, stedsunder"Com this Suspension/Revocation". plying Nith 112026746503256 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 289 2011, 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 09/01/2011. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m.-to 5;00 c m IN STATE 1 800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1-800-228-0676 WEB SITE ADDRESS www.dmv.statL oa us 717-412-5380 ExHIBI T A COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA DEPARTMENT OF ? =; l TRANSPORTATION V. C C-1 + FRANCIS A. SIRIANNI, NO. 2011 - 6222 CIVIL TERM ORDER OF COURT AND NOW, this 15TH day of AUGUST, 2011, a hearing is scheduled on the above captioned matter for THURSDAY, SEPTEMBER 22 2011 at 1.00 i , , p.m. n Courtroom # 3. A supersedeas of the imposition of the requirement of returning the Pennsylvania driver's license and the suspension of the driving privileges of the Petitioner, Francis A. Sirianni, is hereby GRANTED pending the final resolution of the said Petitioner's Appeal of the Notice of Suspension issued by the Commonwealth of Pennsylvania Department of Transportation on or about July 28, 2011 with respect to the Petitioner, Francis A. Sirianni. B e Court, ? Pennsylvania Dept. of Transportation Edward E. Guido, J. Riverfront Office Center - 1101 S. Front Street Harrisburg, Pa. 17104 IP,S Irwin W. Aronson, Esquire Q 212 Locust Street, Suite 504 Harrisburg, Pa. 17101 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, RESPONDENT ` 0, q - 2 Guido, J V. FRANCIS A. SIRIANNI, PETITIONER -- ' C;`3 T N tl 7 i ?.; -n -, C-1 TM -? rt:_ ORDER AND NOW, this ?-a day of September, 2011, the Motion for Continuance filed on behalf of Defendant, Francis A. Sirianni regarding the Notice of the Suspension of his Driving Privileges is hereby GRANTED and the hearing date is rescheduled for N 7 , 2011 and further that the supersedeas of the imposition of the require- ment of returning the Pennsylvania driver's license and the suspension of the driving privileges of the Petitioner, Francis A. Sirianni, previously granted remains in effect pending the final resolution of the said Petitioner's Appeal of the Notice of Suspension issued by the Commonwealth of Pennsylvania Department of Transportation on or about July 28, 2011 with respect to the Petitioner, Francis A. Sirianni. By the C r#; J. ?hl?i ? • ?t'iCIC1)?? fi?nn,^, ??"-? T-cucn W. Aronson l,oP aKh FRANCIS A. SIRIANNI, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-6222 CIVIL TERM ORDER Cl) C -0 ?. MCD Z? Nr ...tD rz D C7 Zo Dc Z N c -.r "O z cr $?D AND NOW, this 7th day of November, 2011, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 9th day of February 2012, at a.m., in Courtroom no. Y of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE J. Attest: ? Irwin W. Aronson, Esq., Willig, Williams & Davidosn, 212 Locust Street, Harrisburg, PA 17101 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 cow Mai (eJ =-n rn-. ?Q o? C3-n C)m D FRANCIS A. SIRIANNI, Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER NO. 11-6222 CIVIL TERM AND NOW, this 9th day of February, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 16th day of April, 2012, at 9:30 a.m., in Courtroom no. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: "'al Attest: CU -? .. err, rrn i,,. Co ?V Irwin W. Aronson, Esq., Willig, Williams & Davidosn, 212 Locust Street, Harrisburg, PA 17101 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 pa, led P* G J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, ; DEPARTMENT OF TRANSPORTATION, RESPONDENT NO. - oil a'1 a' V. FRANCIS A. SIRIANNI, PETITIONER ORDER AND NOW, this 7' 1*4 day of f f.?i?.. -A , 201A the Mo- tion for Continuance filed by Petitioner, Frank A. Sirianni, is hereby GRANTED. The hearing in this matter is hereby rescheduled for Monday, April 16, 2012 at 9:30 AM. By the Co , J. Mw r= - LO c _J 111:-? cn?l1, Esf f1 ron Slate , E sy 4P P ,err FRANCIS A. SIRIANNI, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 11-6222 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 16th day of April, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 15th day of August, 2012, at 1:30 p.m., in Courtroom no. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. ttest: A 504 it St t S u e ree , Irwin W. Aronson, Esq., Willig, Williams & Davidson, 212 Locust Harrisburg, PA 17101 / Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief ,/ Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg., PA 17104-2516 n..' " +;?-` 1- T1 FRANCIS A. SIRIANNI, IN THE COURT OF COMM Petitioner PLEAS OF CUMBEF~LAND CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, NO. 11-6222 CIVIL TERM DEPARTMENT OF TRANSPORTATION, K..., ~y BUREAU OF DRIVER LICENSING, ~ Respondent : iJ7 -~ ~~ ~ ORDER ~ ~ ~ ~_ ~: ~ ~~ AND NOW, this 15~' day of , 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 24~' day of October, 2012, at 1:30 p.m., in Courtroom no. 5 of the Cumberland County Cour~houise, Carli Pennsylvania. BY THE COURT: "r ~~=. s._ ~ ~;' ~ ,...~ _.... -~; Attest: d Irwin W. Aronson, Esq., Willig, Williams & Davidson, 212 Locust Street, Suite 504 Harrisburg, PA 17101 / Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, ce of Chief Counsel, Riverfront Office Center, 3~ Floor, 1101 South Front S t Harrisbur , PA 17104-2516 ~op`~es w~a :l erg ~~/~~ia IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, :. RESPONDENT NO. ~ ~ -- ~~Z ~. ~~' G~ : ~ c_ . .-;~ :~-- `~~ t.;, ~ --; -~~, `~`~'r ::~'~J ~ V,-ri !)? < 1 FRANCIS A. SIRIANNI, , ,.--a~ --~~~ PETITIONER "~~' ~' a ~~i -;......_. ORDER ~' ~" ~44 tiJ ~' ~~~ ^ P ~ ..~. i ~y .'.~-. ~ r"~'~~C~ ~k'~'~ AND NOW, this ~ ~ _ day of ~:- 2012, upon consideration of the Petitioners' Petition to Withdraw Appeal of Notice of Suspension of Driving Privileges, the said Petition to Withdraw is hereby GRANTED. The Petition shall be marked as having been withdrawn and the Petitioner, Francis A. Sirianni, shall sur- render his Pennsylvania driver's license to the Pennsylvania Department of Transporta- tion, Bureau of Driver Licensing on or before 12:01 AM on March 29, 2013 and his Pennsylvania driving privileges shall be suspended for a period of one year effective as of that date and time or the date and time Petitioner physically submits his Pennsylvania drivers license to the Bureau of Driver Licensing of the Department of Transportation of the Commonwealth of Pennsylvania whichever occurs first. By the Court, ~ ' ~-- ` -- ~. ~d (fS" r~~~l~c~ ~• hF/L-0~J S d~ . a~~.~~.c~ ~~ o, ~~,~ ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT NO. 1 1-6222 GUIDO, J. v. FRANCIS A. SIRIANNP, PETITIONER PETITION TO WITHDRAW APPEAL OF NOTICE OF SUSPENSION OF DRIVING PRIVILEGES And now comes your Petitioner, Francis A. Sirianni, by and through his counsel Willig, Williams & Davidson and Irwin W. Aronson, Esquire, and Petitions this Honorable Court for permission to withdraw his appeal of the Notice of Suspension issued by the Commonwealth of Pennsylvania Department of Transportation and states in support thereof as follows: 1. Your Petitioner is Francis A. Sirianni, an adult individual whose residential address is 935 York: Road, Dillsburg, York County, Pennsylvania 17019. 2. Petitioner, Francis A. Sirianni, is currently possessed of a valid Pennsyl- vania driving operator's license issued to him on May 22, 2012, which has not hereto- fore been cancelled or revoked. 3. By notice dated July 28, 2011 the Commonwealth of Pennsylvania De- partment of Transportation Bureau of Driver Licensing transmitted to your Petitioner its official Notice of Suspension and advising your Petitioner of his right to appeal that ac- tion to the Court of Common Pleas (Civil Division) within 30 days of the said mailing date of July 28, 2011. 4. On or about August 3, 2011 your Petitioner filed a timely appeal of the said Notice of Suspension in the Cumberland County Court of Common Pleas which appeal was docketed to Number 11-6222 Civil Term and the Court thereafter issued a Supersedeas of the imposition on your Petitioner of the requirement of returning his Pennsylvania Driver's License and the suspension of his driving privileges pending the final resolution of Petitioner's Appeal of the Notice of Suspension Issued by the Com- monwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing that was to have been effective at 12:01 AM on September 1, 2011. 5. Your Petitioner now wishes to withdraw his pending appeal of the Notice of Suspension of his driving privileges and proceed appropriately. WHEREFORE, your Petitioner, Francis A„ Sirianni prays that his Honorable Court grant the within Petition to withdraw appeal, mark the appeal as having been withdrawn and order that the driver's license of Francis A. Sirianni be submitted to the Pennsylvania Department of Transportation on or before 12:01 AM March 29, 2013 and that your Petitioner's suspension of his driving privileges for a period of one year be ef- fective on that date or upon the date of his submission of his Pennsylvania driver's li- cense to the Commonwealth of Pennsylvania Department of Transportation whichever occurs first. Respectfully submitted, WILLIG, WILLIAMS & DAVIDSON 212 Locust Street, Suite 504 Harrisburg, PA 17101 (717) 221-1000 ,,-~ ~' J ~/` i i _~-- --- ,,. f< IRWIN W. AAONSpN Dated: ~".~~~G~~ d PA Rio. No. 36921 CERTIFICATE OF SERVICE I, IRWIN W. ARONSON, ESQUIRE, hereby certify that I have this date caused a copy of the foregoing Petition to Withdraw Appeal of Notice of Suspension of Driving Privileg- es to be served upon the Respondent in this matter by placing the same in the United States First Class Mail, postage prepaid, addressed as follows: Phillip Bricknell, Esquire PA Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center , , Harrisburg, PA 17104-2516 ~ ,~" \ ~ ~,, WIN W. ARONSON -^!! r /~ Dated: v.~T~~jz <--; y~ ~o~Z