The URL can be used to link to this page

Home My WebLink About13-6356 Supreme CourtibtRennsylvania Court of-Common Pleas For Prothonotary Use Only: CM1::3Cbver Sheet Docket No CytmPD � '� , County ..- 6(J sZ �V' X1-1. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the tiling and service ofpleadings or other papers as required by lint.or rules of-court. Commencement of Action: , S 0 ! Complaint 0 Writ of Summons 'Petition E. 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: ( Lead D fendant's T Dollar Amount Requested: 0within arbitration limits I Are money damages requested? 0 Yes No (check one) 0 outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes No Is this an MDJAppeal? 0 Yes 0 No .A Name of Plaintiff/Appellant's Attorney-fin -I'D l)i gr-1___ 0 Check here if you have no attorney(are a Self-Represented [Pro Se Litigant) 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,Class Tort) CONTRACT(do not include Judgments) CIVIL APPEALS O Intentional 0 Buyer Plaintiff Administrative Agencies O Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 B.. . of Elections 0 Nuisance )L, Dept.of Transportation 0 Premises Liability I Statutory Appeal: Other S 0 Product Liability (does not include mass tort) 0 Employment Dispute: E 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: 0 Other: O MASS TORT O Asbestos N 0 Tobacco 0 Toxic Tort-DES O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law,7Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto O Dental 0 Partition 0 Replevin O Legal 0 Quiet Title Other: O Medical 0 Other: O Other Professional: Updated 1/1/2011 'r r',, • r... 2. : ' 1 s•'Ui INA fi P.Richard Wagner, Esquire PA Supreme Court ID#23103 Wagner&Spreha 2233 North Front Street Harrisburg,PA 17110 Telephone(717)234-7051 Fax(717)234-7080 Attorney for Petitioner SAMUEL S. KINBACK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 13- 63,5-6 C, 1 fir' COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, SAMUEL S. KINBACK, by and through his attorneys, Wagner& Spreha, and files the following License Suspension Appeal: 1. Your Petitioner, SAMUEL S. KINBACK, is an adult individual and a licensed driver in the Commonwealth of Pennsylvania with a residence address of 1425 Timberbrook Drive, Mechanicsburg, Cumberland 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 September 15, 2013, Petitioner was charged with allegedly violating 75 Pa.C.S.A. §§3802(a)(1) of the Motor Vehicle Code. X03 79/ eb Ar P#2 q7 /4Z 4. On or about October 1, 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 October 1, 2013 is null and void, ineffective and invalid for the following reasons: A. The officer did not advise the Petitioner of the consequences of refusing to take a submit to a test; B. The condition of the Petitioner was as a result of the automobile accident such that he could not form an opinion as whether to take or not take the test; C. The condition of the Petitioner unrelated to the use of alcohol was as a result of an automobile accident that prevented him from making a knowing decision regarding the taking or not taking the test. 6. As a result of the above, Petitioner believes and therefore avers that the suspension of his driving privileges is inappropriate, invalid, null and void and should be set aside. 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 .' '. • .rd Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: /4/a S// • 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 unswom falsification to authorities. 4 Date: /a- z3 .-- /3 10/07/2013 02:16 FAX [41001 41-1.0 \14•11.°412-- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing ,,._. Mail Date : OCTOBER 01, 2013 SAMUEL S KINBACK kiID t 132676032051855 001 5008 LOCUST LN PROCESSING DATE 09/24/2013 DRIVER LICENSE t 23599720 HARRISBURG PA 17109 DATE OF BIRTH 06/04/1975 Dear MR. KINBACK: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1547E11I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/15/2013: Your driving privilege is SUSPENDED for a period of 18 MONTH(s) effective 11f05,2013 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 11/05/2013. You may surrender these items before, 11/05/2013, 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 aoolY 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 identification (e.g. , birth certificate, valid U.S. passport , marriage -certificate, etc.) _ in order to obtain our hots idenfifIc (fen car — -- -- • — � , _-. ,-- 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 : 1V/VIP GV1u VL.iV FAIL y!-J uVi • 132676032051855 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 65693 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 three (3) weeks, please - -contact oar 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 f'ee DCtErs1EXT- `atsfy"- _ _^i 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". 132676032051855 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 01 , 2013, 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 -- --.T-h.iz-d F...l.v o r.,...Ri-v e r fc o-n t Office Cent-a-r - -- — --- Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/05/2013. Sincerely, 4:i004.6117017‹ m6014!4,Mil Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a .m. to 4:00 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.dtnv.state .pa.us ', HE PROTHONG Ar( 2E3 NOV -4 AM H: 36 P.Richard Wagner, Esquire CUMBERLAND COUNT' PA Supreme Court I.D.#23103 PENNSYLVANIA Wagner&Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone(717)234-7051 Fax(717)234-7080 Attorney For Petitioner SAMUEL S. KINBACK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 13- /(03� eitn? COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL ORDER o 0/3 AND NOW,this l4L day of , upon Petition of Samuel S. Kinback, a hearing is set on the License Suspension Appeal for the/T day of diud_ 211/jui ,20// ,at f 3' o'clock /) .m. in Courtroom No. 11 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: ; J. Distribution: P thonotary's Office f ice of Chief Counsel,PennDOT, 1101 S.Front Street,Harrisburg,PA 17104-2516 ‘,/r. E$ Richard Wagner, q.,2233 N.Front Street,Harrisburg,PA 17110 C W,11`.S "21 // I.I//3 SAMUEL S. KINBACK, • IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-6356 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 WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED, effective July 17, 2014. BY THE COURT: ,k) J. Attest: ✓ P. Richard Wagner, Esq., Wagner & Spreha, 2233 North Front Street, Harrisburg, PA 17110 . Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 IGALEcC, . , r ?Ay { • t.--