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Home My WebLink About12-5245F. DEAN MORGAN, ESQUIRE THE MORGAN LAW FIRM 150 W. Chocolate Avenue Hershey,PA 17033 717-707-15145 dean@fd?eanmorgan. com ED - DEICE MONO TAR t PH j' ?p M,0ERLAND I'c"VNSYLVANIUNT Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LINWOOD RICHARDSON, Petitioner NO. a- sayS 6-vd v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent APPEAL FROM THE SUSPENSION OF OPERATING PRIVILEGES AND NOW COMES, Petitioner, Linwood Richardson, Jr., by and through counsel, F. Dean Morgan, ',Esquire, who files this Petition and, in support thereof avers as follows: 1. Petitioner, Linwood Richardson, Jr., resides at 327 W. North Street, Carlisle, PA 17013 2. Petitioner's Operator's Number is 18107934. 3. PlennDOT proposes by notice dated July 31, 2012 to suspend Petitioner's Operating Privileges for a period of 12 months pursuant to secition 1547(b)(1)(ii) of the Vehicle Code effective September 4, 2012. A true and correct copy of the PennDOT Notice is attached hereto and marked Exhibit 1. 4. The withdrawal and suspension of Petitioner's Operating Privilege is unlawful for the following reasons: a. The Police Officer lacked reasonable grounds to believe that Petitioner was DUI. 0 amp *03.-)Spd a Cie g. 1 yo S 1 PAOJ?°? b. The Police Officer failed to properly advise Petitioner that his license would be suspended if he refused to submit to chemical testing and that, in the event that the Petitioner pleaded guilty or Nolo Contendre to DUI or was found guilty of refusing testing, the Petitioner would be subject to increased penalties. c. Petitioner's refusal was not knowing or voluntary. WHEREFORE, Petitioner respectfully requests that this Honorable Court allow him to take and appeal from the suspension of his operating privileges. Respectfully Submitted, F. DE ORGAN, ESQUIRE PA I.D. # 203088 The Morgan Law Firm 150 W. Chocolate Ave Hershey, PA 17033 717-707-5145 (tel.) 717-585-6574 (fax) dean a:fdeanmorgan.com (email) ATTORNEY FOR PETITIONER • • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 31, 2012 LINWOOD RICHARDSON JR WID # 122066032910725 001 327 WEST NORTH STREET PROCESSING DATE 07/24/2012 DRIVER LICENSE f 18107934 CARLISLE PA 17013 DATE OF BIRTH 12/22/1958 Dear MR. RIC_HARD_SOH _.-.. T 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 07/13/2012: r Y ur driving privilege is SUSPENDED for a period of 1 Y AR(S) effective 09/04/2012 at 12.01 a.m. COMPL ING W1 IM Inca 3u3rc?•J+UZI You must return all current Pennsylvania driver's licenses, learn'er's permits, temporary driver's licenses (camera cards) in your possession on or before 09/04/2012. You may surre'Inder these items before, 09/04/2012, for earlier credit; however, you may not drive after these items are surrelndered. YOU AY NOT RETAIN YOUR DRIVER'S LICENSE FOR YDENTIFICATIDN PURPGSES. However, You may apply for and obtain a photo identification card at any Driver License Center for a cost of 03.50. You must present two (2) farms of proper identification (e.g., birth certificate, valid U.S. Passport, gLar-riage certificate, etc.) in order to obtain your 'photo identification card. You ill not receive credit toward serving any suspension unti 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 fetter 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: £0/T0 39dd XVW30I3d0 VSZb£bZLTL 0b tbT ZT0Z/8Z/L0 • 122066032910725 • APFEAI You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date,'JULY 31, 2012, of this letter. If you file an appeal in th County Court, the Court will give you a time-stamped certi ied 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 OFFiCZAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PehnDOT by 09/04/2012. Sincerely, 9?tu? Z Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE I-SOO-932-4600 TDD IN STATE 1-800-228-0676 OUT-OAF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us 00/Z0 39bd XVW30Idd0 b9ZPCVZLTL 00:VT ZT0Z/8Z/L0 0 0 122066032910725 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, PennDQT will send you a receipt confirming the date that credit began. If you do not re.ge..ipt from_us within ..3 weeks, plg s_e contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDQT phone numbers ar!,e 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(x)(4) of the Pennsylvania Vehicle Code. PAYIN THE RESTORATION FEF You m st pay a restoration fee to PennDOT to be restored from p 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. Fpllow the payment and mailing instructions on the back of the application. Please note: Paying the restoration fee DOES NOT satisfy the rlequirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, pleasje follow the instructions listed under "Complying with this Suspension/Revocation". 80/60 30bd XaWMI330 VSZPCVZLTL Oh:bT ZTOZ/8Z/LO VERIFICATION 1, F. DEAN MORGAN, ESQUIRE the undersigned counsel for Petitioner has examined the pleadings and the entire investigative file made on behalf of said party and is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. This Verification of the Attorney is being attached hereto because the Verification of the Petitioner cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed'' Verification of the Petitioner will be filed as soon as it is obtained. The undersigned understands that the statements therein are made subject to the penalties of 18 PA C.S.A. SECTION 4904 relating to unworn falsification to authorities. Date: 7 1.00 F. DEAN MORGAN, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINWOOD RICHARDSON, JR., Petitioner NO. V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent CERTIFICATE OF SERVICE AND NOW, this 21st Day of August, 2012, I, F. Dean Morgan, Esquire certified that I did deliver this Appeal from Suspension of Operating Privileges to the party identified below via first class mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 The Morgan Law Firm F. DEAN GAN, ESQUIRE PA Supr e Court I.D. # 203088 The Morgan Law Firm 150 W. Chocolate Ave. Hershey, PA 17033 (tel) 717-707-5145 (fax) 717-585-6574 (email) dean@fdeanmorgan.com ,~ ~. L~~ Gr ~~ Qi"F#~i~lt?tAR`, 2l1~1 AUG 27 AM 1t~ 36 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO ~~ANIA LINWOOD RICHARDSON, JR., Petitioner v. COMMON WEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO. l,~- 5~~s Clv~~ ~/~ SCHEDULING AND SUPERSEDERS ORDER AND NOW, this ~~ day of ~cd,~ , 2012, upon presentation of the within .Appeal From Suspension of Operating Privilege it is hereby ORDERED that a hearing on this matter shall be held on the ~~ day of C~(,!tlhl ~ , 20~, at o'clock ~.m. in Courtroom No. _ of the Cumberland County Courthouse, Carlisle, PA. The action of the Pennsylvania Department of Transportation in suspending the driving privileges of the Petitioner is hereby stayed pending a final decision of the Court to the extent provided under Sections 1550(b) and 1377 of the Motor Vehicle Code. Petitioner must serve a copy of this appeal on the Pennsylvania Department of Transportation. BY THE O RT, Distribution: JUDGE Comoro $Pleaa~~Y / F. Dean Morgan, Esquire (Atty. For Petitioner) / Pennsylvania Department of 'T'ransportation. Office of Chief Counsel, Third Floor, Riverfront Office Center,Harrisburg, PA 17104-2516 ~°