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HomeMy WebLinkAbout12-3903{ I. LU i'..; ?i1 if• r 2 2 GEORGE M. RUSSELL, : IN THE COURT OF COMMON PLEAS OF Appellant'PENNSYLVANIA g'" CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 3ct03 Civil COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW, comes the Appellant, George M. Russell, Jr., by and through his attorney, Marlin L. Markley, Jr., and respectfully avers the following: Petitioner is George M. Russell, Jr., Pennsylvania Operator Number 27222044, whose place of residence is 828 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is the Bureau of Driver 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. 3. By official notice bearing a mailing date of May 29, 2012, the Bureau of Driver Licensing notified Petitioner that as a result of his alleged violation of Vehicle Code,„Section 1547 Chemical Test Refusal on May 12, 2012, his driving privileges were being suspended for a period of one year, effective suspension date July 3, 2012, at 12:01 a.m. A true and correct copy of the Bureau's notice of suspension is appended to this petition as Exhibit A. 4. Petitioner submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 0 ?.s tibs. 5. Petitioner submits that he did not knowingly or consciously refuse to submit to chemical testing. WHEREFORE, Petitioner respectfully requests that this Honorable Court hold a de novo hearing on his appeal from the suspension of his operating privilege and will invalidate the action of the Department of Transportation, Bureau of Driver Licensing, to suspend his operating privilege. Respectfully ' Marlin L. l? ey, Jr., Esq. 3920 Marke treet, Suite 303 Camp Hil ennsylvania 17011 Date: June 22, 2012 ID# 847 Tel. (717) 635-9538 GEORGE M. RUSSELL, JR., : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee ATTORNEY VERIFICATION The undersigned, Marlin L. Markley, Esquire, hereby verifies and states that: 1. He is the attorney for the Appellant, George M. Russell, Jr.; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief, 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Respectfully Marlin L. , Jr., Esq. 3920 Market eet, Suite 303 Camp Hill, ennylvania 17011 Date: June 22, 2012 ID# 8474 Tel. (717) 635-9538 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 29, 2012 GEORGE M RUSSELL JR WID t 121436739567217 001 828 W TRINDLE RD PROCESSING DATE 0512212012 DRIVER LICENSE t 27ae22044 MECHANICSBURG PA 17055 DATE OF BIRTH 08/13X1985 Dear MR. RUSSELL: 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 0511212012: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 07/03/2012 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 07/03/2012. You may surrender these items before, 07/03/2012, 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 513.50. 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 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: 121436739567217 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 29, 2012, 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 07/03/2012. Sincerely, 9?j ?--- - Z g kq'? Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8.00 a.m. to S:OO p.m. IN STATE 1-800-932-4600 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 121436739567217 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". GEORGE M. RUSSELL, JR., : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully Marlin L. MJr., Esq. 3920 MarSuite 303 Camp Hill, sylvania 17011 Date: June 22, 2012 ID# 8474 Tel. (717) 635-9538 0 GEORGE M. RUSSELL, JR., Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1a -3°103 COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee ORDER OF COURT AND NOW, this?z day of 2012, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby ordered that a Hearing on the matter shall be held on day of 2012, at % 30 _ P . m. in Courtroom No. S?_ of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: J. C -vim` ?a --? rn? r-Z ©y CD co Distribution: rn Y -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Ceaer,- Harrisburg, PA 17104` ? -Marlin L. Markley, Jr., 3920 Market St., Suite 303, Camp Hill, PA 17011 e0r4-5 $40,"fld &1-_Y71,a at GEORGE M. RUSSELL, JR., Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl NO. 12 - 3903 CIVIL APPEAL OF OPERATOR'S LICSE~, SUSPENSION ``~ ,,. ~~ ~ r v~, -- PRAECIPE TO WITHDRAW ~~ A -~-; OPERATOR'S LICENSE SUSPENSIO Ic ~ ~ -> =r --; .~ ~ . c.~ TO THE PROTHONOTARY: Kindly withdraw the Appeal of Operator's License Suspension filed on June 22, 2012 behalf of the Appellant. The License Suspension Appeal hearing scheduled for October 24, 2011 at 1:30 p.m. Courtroom No. 5 of the Cumberland County Courthouse is no longer necessary. Respectfully Date: August 17, 2012 Marlin L. y, Jr., Esq. 3920 Market treet, Suite 303 Camp Hill ennsylvania 17011 ID# 8474 Tel. (717) 635-9538 GEORGE M. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPAR'T'MENT OF TRANSPORTATION, BUREAU : OF DRIVER LICENSING, Appellee NO. 12-3903 CIVIL TERM ORDER OF COURT AND NOW, this 20'' day of August, 2012, upon consideration of the Praecipe To Withdraw Appeal of Operator's License Suspension, filed on August 17, 2012, the hearing previously scheduled in this matter for October 24, 2012, is cancelled. BY THE COURT, Marlin L. Markey, Jr., Esq. 3920 Market Street Suite 303 Camp Hill, PA 17011 Attorney for Appellant 'Philip Bticknell, Esq. Christylee L. Peck, J. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee 4pp:es "Jec{ rv