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Home My WebLink About13-6077 Supreme Courf'o'fi;-Pennsylvania Courfof�Cdinmori Pleas For Prothonotary Use Only: �-,, Civil C over Sheet �s Docket No: o__� f .fur"► County 7 The i7l1orntatton collected on Hits fbr7n 1S used solely for court administration purposes. This form does not supplement or replace the filing and servi ce ofpleadings or other papers as required by 1mv or rules afcourt. Commencement of Action: {� Complaint Writ of Summons f Petition S Q Transfer from Another Jurisdiction F Declaration of Taking Lead Plaintiff's Na Lead Defendant's Name: T. . Dollar Amount Requested: within arbitration limits I Are money damages requested? Q Yes No (check one) Doutside arbitration limits 0 . N Is this a Class Action Sttit? El Yes DINo Is this an JVDJAppeal? Yes El No A_' Name of Plaintiff/Appellant's Attorney: F7 Check 'sere if you have no att0rt:ey(nre a Self-Repr eseuted ii'_L SC� Li E,:aarA, Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 7 Intentional Buyer Plaintiff Administrative Agencies 7 Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment Q Motor Vehicle 0 Debt Collection: Other of Elections Nuisance Dept. of Transportation Premises Liability El Statutory Appeal:Other S Product Liability (does not include E mass tort) 7 Employment Dispute: Slander/LibeU Defamation Discrimination C Other: El Employment Dispute:Other E] Zoning Board 0 Other: T i `E I Other: MASS TORT 0 Asbestos E] Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: El Ejectment F Common Law!Starutory Arbitration BEl Eminent Domain/Condemnation Declaratory Judgment El Ground Rent Mandamus El Landlord/Tenant Dispute F1 Non-Domestic Relations F1 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial 0 Quo Warranto F Dental F1 Partition El Replevin 0 Legal 0 Quiet Title Other: Medical Other: Fj Other Professional: Updated 1/1/2011 i i 1 t.; f"i 16 Ail 6 0 MBER!_,c,Ni7 Co I't- PENNSY�.VANIi~� P.Richard Wagner,Esquire PA Supreme Court I.D.#23103 Wagner&Spreha 2233 North Front Street Harrisburg,PA 17110 Telephone(717)234-7051 Fax(717)234-7080 Attorney For Petitioner PAMELA LYNNE DASKALAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA V. NO: �3 . � '1r7 LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, PAMELA LYNNE DASKALAKIS, by and through her attorneys, Wagner& Spreha, and files the following License Suspension Appeal: 1. Your Petitioner, PAMELA LYNNE DASKALAKIS, is an adult individual and a licensed driver in the Commonwealth of Pennsylvania with a residence address of 5226 Belle Vista Drive, Marysville, Perry County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania. 3. On or about August 23, 2013, Petitioner was charged with allegedly violating 75 Pa.C.S.A. §§3802(a)(1) of the Motor Vehicle Code. � 6 /0 a 4. On or about September 16, 2013, Petitioner received a notice of license suspension, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit A, for allegedly refusing to submit to a chemical test authorized by §1547(b)(3) of the Motor Vehicle Code. 5. Petitioner believes and therefore avers that the suspension as set forth in the attached notice dated September 16, 2013 is null and void, ineffective and invalid for the following reasons: A. Petitioner did not refuse to take a breath, blood or urine test; B. Petitioner was not properly advised of the consequences of not taking the test; C. Petitioner was required to give up her constitutional rights to an attorney and her right to remain silent, all in violation of her constitutional rights under threat of taking or not taking the test; and D. The officer did not have reasonable belief to conclude that the Petitioner was operating a motor vehicle under the influence of alcohol. 6. As a result of the above, Petitioner believes and therefore avers that the suspension of her driving privileges is inappropriate, invalid,null and void and should be set aside. x WHEREFORE, Petitioner prays this Court to grant his appeal from the license suspension, and determine that his suspension is null and void. Respectfully submitted, Wagner& Spreha By . Ri and Wagner, Esquire #23103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 Attorneys for Petitioner Date: /D / 13 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : SEPTEMBER 16 , 2013 PAMELA LYNNE DASKALAKIS WID # 132526180623142 001 226 BELLE VISTA DR PROCESSING DATE 09/09/2013 DRIVER LICENSE # 23114927 MARYSVILLE PA 17053 DATE OF BIRTH 09/18/1973 Dear MS. DASKALAKIS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIII of the Pennsylvania Vehicle Code . As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL , on 08/23/2013 : ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 10/21/2013 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 10/21/2013. You may surrender these items before , 10/21/2013, 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 iden- tification (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 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 lice Remember : You may not retain your driver ' s li - - identification purposes . Please send the-- Pennsylvania Department EXHIBIT VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: - \ IX P. Richard Wagner,Esquire !' ; E t1 LAr J v :Ii 1 PA Supreme Court I.D.#23103 PEN NS,'LVA H I A Wagner&Spreha 2233 North Front Street Harrisburg,PA 17110 Telephone(717)234-7051 Fax(717)234-7080 Attorney For Petitioner PAMELA LYNNE DASKALAKIS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . NO: I d l/ l7 : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING • • .I ORDER AND NOW,thisday of aetiatlid , upon Petition of Pamela Lynne Daskalakis, a hearing is set on the License Suspension Appeal for the da of 2 at g P PP �� Y , 0/5� , 1;50 o'clock p .m. in Courtroom No. T of the Cumberland County Courthouse, 101 Market Street, Harrisburg, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty(60)days prior to the date of the hearing. Pursuant to §1550(b)of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending final determination in this matter. BY THE COURT: AL" J. Distribution: Prothonotary's Office /6ffice of Chief Counsel,PennDOT, 1101 S.Front Street, Harrisburg,PA 17104-2516 �Pf Richard Wagner,Esq.,2233 N.Front Street,Harrisburg,PA 17110 C.:AAA; nU.t PAMELA L. DASKALAKIS, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY • v. • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-6077 CIVIL TERM • DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • SUSPENSION APPEAL ORDER AND NOW, this 17TH day of January, 2014, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 30th day of May, 2014, at 1:30 p.m., in Courtroom 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Attest: ✓ P. Richard Wagner, Jr., Esq., Wagner & Spreha, 2233 North Front Street, Harrisburg, PA 17110 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 P IS t r V/�//v PAMELA L. DASKALAKIS, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PA DEPT. OF TRANSPORTATION BUREAU OF DRIVER LICENSING, 13-6077 CIVIL IN RE: CHANGE OF HEARING DATE ORDER OF COURT AND NOW, this 5th day of February, 2014, the Court now having a conflict with the hearing date of May 30, 2014, IT IS HEREBY ORDERED AND DIRECTED that the hearing will now be held on Monday, June 2, 2014, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. ✓ P. Richard Wagner, Esquire Attorney for Petitioner Xhilip Bricknell, Esquire Attorney for PennDot bas S141 3;>b CD PAMELA LYNNE DASKALAKIS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION: BUREAY OF DRIVER LICENSING : NO. 13-6077 CIVIL ORDER OF COURT AND NOW, this 2"d day of June, 2014, upon agreement of the parties, the appeal filed in the above captioned matter is WITHDRAWN. The suspension which is the basis of this appeal shall be reinstated effective December 2, 2014. By the Court, Richard Wagner, Esquire X:hilip M. Bricknell, Esquire bas C-CrieS L�.. X13 /y .r C.-. i -4 C" C) 3