The URL can be used to link to this page

Home My WebLink About04-6377 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF lRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No.)'t-'377 CIVIL JOHN A. MAGLIULA, APPEllANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this ;;t 0 ~ay of December, 2004, the Defendant, John A. Magliula, by and through his attorney, Michael T. Traxler, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, John A. Magliula, is an adult individual who currently resides at 1305 Bard Drive, Shipp ens burg, Pennsylvania 17257. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Harrisburg, Dauphin County, Pennsylvania. 3. Appellant was cited on or about October 31, 2004, for allegedly committing a violation of the Vehicle Code. 4. It has been alleged that Appellant refused to submit to a chemical test in violation of~1547 of the Vehicle code on or about October 31, 2004. 5. By letter dated November 25, 2004, Appellee notified Appellant that his driving privilege would be suspended for a period of one (1) year effective December 30, 2004. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, ABOM & KUTULAKIS, LLP DATE i~ / Ql, CJ / (J t ~Qr~ Michad T. Traxler, Esquire Attorney for Appellant 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 CERTIFICATE OF SERVICE I, Michael T. Traxler, Esquire, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department ofTransportadon OOice of Chief Counsel Third Floor, Riverfront OOice Center Harrisburg, PA 17104-2516 MOM & KUTULAKIS, LLP DATE IP? / ~ (J / tJ i.j 'j n --~ ~/~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 25, 2004 JOHN A MAGLIULA 11 TARA DR E STROUDSBURG PA 18301 WID i 043236187443028 001 PROCESSING DATE 11/18/2004 DRIVER LICENSE I 26898548 DATE OF BIRTH 08/20/1984 Dear MR. MAGLIULA: --" -------- ----.- This is an O~~icial Notice o~ the Suspension of your Driving Privilege as authorized by Section 1547Bl1 of the Pennsyl vania Vehic Ie Code. As a result of your vi olat i on of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/31/2004: · Your driving privilege is SUSPENDED for a period of 1 YEARCS) effective 12/30/2004 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 12/30/2004. You may surrender these items before, 12/30/2004, for earlier credi t; however, yoU may not dri ve 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 10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, me N'iage certi fi ca ll:i, --e-t'-c-;-)---:rn-oFder to oota]. n your-- lifiOl:--O--- identification card. You will not receive credit toward serving any suspension until we receive your licenseCs). Complete the following steps to acknowledge this suspension. 1. Return all current PennsYlvania driver's licenses, learner's permi ts and/or camera cards to PennDOT. If yOU do not have any of these items, send a sworn nota- rized 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: Pennsylvania Department of Transportation 043236187443028 Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-B695 2. Upon receipt, review and acceptance of your Pennsylvania dr/yetis license(s), learner"s perm/t(s), and/or a sworn notar/zed [etter, PennDOT w/l! send you a receipt con- firming the date that credit began. Zf you do not re- ceive a receipt from us with/n 3 weeks, please contact our office. Otherwise, you will not be given credit toward serv/ng this suspension. PennDOT phone numbers If you do not return all current driver license pro- ducts, ~e must refer this matter to the Pennsylvania State Police for prosecution under SECT[ON 1571(a)(4) of the Pennsylvania Vehicle Code. PAYZNG THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your dr/ring privilege. To pay your restoration fee, complete the following steps= 1. Return the enclosed Applicat/on for Restoration. The amount due is 1/sted un the application. 2. ~rite your dr/verls license number (listed on the first Page) on the check or money order to ensure proper credit. 5. Follow the payment and mailing instructions on the back of the appl/cation. APPEAL You'-have the right---to app~al-'~thi~ Common Pleas (Civil Division) w/thin 50 days of the mail date, NOVEHBER 25, 2004, of this lette~. Z~ you ~tle an a~peaZ tn the County CauPt, the Cau~t wll1 glve you a time- stamped certified copy o~ the appeal. [n order for your appeal to be val/d, you must send this time-stamped certi- fied copy of the appeal by certified mail to= Pennsylvania Department of Transportation Off/ce of Chief Counsel Third Floor, Riverfront Off/ce Center Harr/sburg, PA 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 043236187443028 SincerelY, ~--" ~. ~ Rebecca L. Bickley, Director Bureau of Driver Licensing IN STATE-- OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7:00 a.m. to 9:00 p.m. - --- -1---8-8-0--9-3- 2,-46 0-0--- T-DD I-N---S T-A-T-E- - ----}-- e 0 o---2-2-8~O-6 7 (,--- -- -- 717-391-6190 TOO OUT-OF-STATE 717-391-6191 www.dmv.state.pa.us ~-u ~fJ (l) CL y\ =r ~~t - :P D ;()._ 0\.0- c<) 0 lJt 3' VJ ., {'- ~ F -, L p ~ -, (j) (,~; ~".:i r) r <:..,; ~~::1 :--./ r.rl (."':' (. J I .-'11,:'"1 - ,) I r', } c._) ~ .: ,~.~., ~ i -""'1 (,) , , ,~ . j" j ~l COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE v. JOHN A. MAGLIULA, APPEU.ANT IN THE COURT OF COMMON PLEAS CUMBERL\ND COUNTY, PA NO. 04-6377 CIVIL PRAECIPE TO WITHDRAW TO THE PROTHONOTARY OF SAID COURT: Kindly withdraw the LICENSE SUSPENSION APPEAL in the above-captioned action with prejudice. A License Suspension Appeal Hearing is scheduled to occur on March 28, 2005. DATE: MARCH 17, 2005 Respectfully submitted, AllOM & KUTULAKIS, LLP ~JuJ?1 ~ l--R_ Michael T. Traxler, Esquire ! 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 J>' -_,. CERTIFICATE OF SERVICE AND NOW, I, Michael T. Traxler, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe to Withdraw by First Class U.S. Mail at the following: Pennsylvania Department of Transportation Oflice of Chief Counsel Third Floor, Riverfront Oflice Center Harrisburg, PA 17104-2516 ADOM & KUTULAKIS, LLP D"\TE 3/17 / nr- I I I~r~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 10,) c: (~- vi , , ?> -..J ..., ) :;) 'c ......'~ w (j:J 'N