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Home My WebLink About11-9374DARWIN KEITH VS. COMMONWEALTH OFfA, DEPT. OF TRANSPORTATION, FILED-OFFICE OF THE PROTHONOTARY M I DEC 22 AN 11: 13 W BNR, - YNO CO ANTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02 //- 1,9 ??/ PETITION FOR APPEAL COMES NOW, D m Keith Brosius, by and through his undersigned counsel, Jerry A. Philpott, Esquire, and appeals the Notice of the Suspension on the following grounds: 1. Appellant is Darwin eith Brosius residing at 1200 Rossmoyne Road, Mechanicsburg, PA 17055. 2. Appellee is the ommonwealth of Pennsylvania, Department of Transportation ("Department"), havi g a mailing address of Pennsylvania Department of Transportation, Office of Chief Coun el, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516. 3. By notice "mail date' of November 30, 2011, a copy of which is attached hereto as Exhibit A, the Department rdered appellant to surrender his operating license for a period of eighteen months. 4. Supersedeas: Pursua t to 75 Pa.C.S.A. § 1550(b)(1)(i), appellant is retaining driver's license until final determina on of the suspension of operating privilege. 5. The said suspension following reasons: followed. appellant's operating privileges is improper or unlawful for the ellant was not given proper notices and improper procedure was -,-? ?,2. C) Of 0/?5 WHEREFORE, and that the order of su December 21, 2011 A respectfully requests that this matter be scheduled for a hearing be set aside. Jerry A enilpo Supreme Court 227 N. High S Duncannon, P 717-834-308 Attorney fo D, 1) No. 47624 P.O. Box 116 17020 in K. Brosius Encl.: Exhibit A - I verify that the st, personal knowledge, unde are made subject to the authorities. .ts made in the foregoing documents are true and correct to my best ing, information and belief. I understand that false statements herein ties of 18 Pa.C.S. § 4904, relating to unsworn falsification to Darwin W Keith Brosius Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 30, 2011 DARWIN KEITH BROSIU 1200 ROSSMOYNE ROAD MECHANICSBURG PA 1 Dear MR. BROSIUS: This is an Official Privilege as autt Pennsylvania Vehicl of Section 1547 of on 11/08/2011: WID * 113276123728424 001 PROCESSING DATE 11/23/2011 DRIVER LICENSE * 17018802 1055 DATE OF BIRTH 04/30/1956 Notice of the Suspension of your Driving orized by Section 1547B1II of the e Code. As a result of your violation :he Vehicle Code, CHEMICAL TEST REFUSAL, ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 01/04/2012 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 01/04/2012. You may surrender these items before, 01/04/2012, for earlier credit; however, y u may not drive after these items are surrendered. YOU MAY NOT RETAIN OUR 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 ust present two (2) forms of proper identification (e g., birth certificate, valid U.S. passport, marr-iag-e 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 ct learner's perm; YOU do not h: notarized lette of your drivin letter why yo license. Reme license for idi items to: Trent Pennsylvania driver's licenses, is and/or camera cards to PennDOT. If ve any of these items, send a sworn r stating you are aware of the suspension g privilege. You must specify in your a are unable to return your driver's nber: You may not retain your driver's ntification purposes. Please send these Exhibit A 113276123728424 P nnsylvania Department of Transportation B reau of Driver Licensing P 0. Box 68693 H rrisburg, PA 17106-8693 2. Upon receipt, r view and acceptance of your Pennsylvania driver's licens (s), learner's permit(s), and/or a sworn notarized lett r, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a recei t from us within 3 weeks, please contact our offi-c€.- 0 herwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at t e end of this letter. 3. If you do no return all current driver license products, we mu t refer this matter to the Pennsylvania State Police f r prosecution under SECTION 1571(a)(4) of the Pennsylv nia Vehicle Code. You must pay a re toration 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 en4 amount due is 2. Write your dri page) on the credit. 3. Follow the pay of the applica Please note: Payi the requirement to If you have not a please follow the j this Suspension/Rei losed Application for Restoration. The isted on the application. er's license number (listed on the first :.heck or money order to ensure proper ent and mailing instructions on the back ion. g the restoration fee DOES NOT satisfy acknowledge your suspension/revocation. cknowledged your suspension/revocation, instructions listed under "Complying with vocation". Exhibit A 113276123728424 APPEAL You have the right Common Pleas (Civil date, NOVEMBER 30, appeal in the Cou time-stamped certif your appeal to be certified copy of t Pennsylvania Office of Ch' Third Floor, Harrisburg, Remember, this is must return all curl to PennDOT by 01/04 to appeal this action to the Court of Division) within 30 days of the mail 2011, of this letter. If you file an ty court, the Court will give you a Led copy of the appeal. In order for valid, you must send this time-stamped ie appeal by certified mail to: Department of Transportation .ef Counsel Riverfront Office Center 'A 17104-2516 an OFFICIAL NOTICE OF SUSPENSION. You gent Pennsylvania driver license products /2012. Sincerely, 4i?xk?- Z g V)(/) Janet L. Dolan, Director Bureau of Driver Licensing IN STATE -800-932-4600 TOO 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 Exhibit A DARWIN KEITH BROSIUS, IN THE COURT OF COMMON PLEAS Appellant, OF CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, Appellee NO: ?977y ORDER AND NOW, R eq Ity -; 0 , 201;, Appellant havin filed an appeal, IT IS ORDERED AND DIRECTED that a hearing be held on the ?(a day of 2016, at 5346 A.m. in Courtroom # of the Cumberland County Courthouse in Carlisle, Pennsylvania. A certified copy of this Order and Petition shall be served by appellant, on the Department of Transportation via Certified Mail, Return Receipt Requested. cc: Jerry A. Philpott, Esquire P.O. Box 116 Duncannon, PA 17020 ? PA Dept. of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 barwi n )L. &os,'us Cp p;e-s ma.l ed 11,111D BY, COURT: c ro 3 zt'^ z? cnr- t? A z p D ? z J. ? r-- :? ro r o c7 sro Mn.,J,.W d by a>4 lllno4-A DARWIN K. BROSIUS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-9374 CIVIL TERM 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: - leg= J. Attest: ?Jerry A. Philpott, Esq., Philpott Wilson LLP, 227 North High Street P.O. Box 116, Duncannon, PA 17020-0116 -"Phili M B i k ll E P l p . r ne c , sq., ennsy vania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 =5 .- ma c rr, DARWIN K. BROSIUS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-9374 CIVIL TERM ORDER AND NOW, this 15~' day of August, 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 Courthouse, Carlisl Pennsylvania. cµ° .~.. e.., c:~ ~~~~`~=' "' ~~ BY THE COURT: __ ~- ~ :~ ~ ~~a „~ eC ~~_~ -> ~~~ ZJ i ~~~ ~ ~~ '~~ ~ 4- cv ~ , cr ~. Attest: / Jerry A. Philpott, Esq., Philpott Wilson LLP, 227 North High Street, P.O. Box 116, Duncannon, PA 17020-0116 i/ Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Offica of Chief Counsel, Riverfront Office Center, 3'~ Floor, 1101 South Front Street, Harrisbu , PA 17104-2516 ~~ DARWI~J K. BROSIUS, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 11-9374 CIVIL ORDER TF~M,,~, W ~~ ~ O ~ ~, < ~-, v ~ i ~ ~. z ~ ~ ~ ~ ~ i ..~ .. AND NOW, this 24'" day of October, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 12t" day of December, 2012, at 1:30 a.m., in Courtroom no. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 1 ' ' J { r - b II ~J . Attest: /Jerry A. Philpott, Esq., Philpott Wilson LLP, 227 North High Street, P.O. Box 116, Duncannon, PA 17020-0116 ~ilip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3~d Floor, 1101 South Front Street, Harrisburg, PA 17104-?_516 i ~S rn ~..t ~£d~, ir,/~/i ~ ~~~ BY THE COURT: DARWIN K. BROSIUS, IN THE COURT OF COMMON Petitioner PLEAS vs. OF PENNSYLVANIA COMMONWEALTH OF CUMBERLAND COUNTY PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-9374 Civil Term PRAECIPE TO WITHDRAW ACTION COMES NOW the undersigned counsel for the above-captioned Petitioner, Darwin K. Brosiust, and withdraws the license suspension appeal. I have spoken with Philip Bricknell, PennDOT counsel, and we have reached an agreement that the license suspension for the refusal would take effect 6 months after the date of the pending hearing scheduled for December 12, 2012. It is my understanding that Mr. Bricknell will be before the court December 12, 2012 and can confirm at that time Respectfully submitted, A. Ph' squire, Supr rt ID No. 47624 227 N. High St., P.O. Box 116 Duncannon, PA 17020 Dated: November 30, 2012 c --~ '`+': _~ ~~ ~ `~~:' ~ ~ ~' ` ~; ~ ~~ ~' ~ ~... -;, ca -° ~c ~; '~ .~ ~< tv