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HomeMy WebLinkAbout14-0722 Supreme Co ennsylvania COUI• Co`��In leas For Prothonotary Use Only: j � TI�-1 1 C . i r t Docket No: �0vul,� ` _ � County The information collected on this fibrin is used solely for court administration purposes. 17ris form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S ® Complaint Writ of Summons Petition eEi E ® Transfer from Another Jurisdiction 13 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Shannon Rae Swartz Commonwealth of Pennsylvania, Dept of Trans. Dollar Amount Requeste : 13within arbitration limits I Are money damages requested? 0 Yes El No O (check one) outside arbitration limits N Is this a Class Action.Suit? 13 Yes to No Is this an MDJAppeal? 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THE PROT 201 FEB -7 Pik 3: 13 CUMBERLAND COUNTY PENNSYLVANIA SHANNON RAE SWARTZ, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 14- 7 A,2- COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1) AND NOW comes the Appellant Shannon Rae Swartz, Pro se, and avers as follows: 1. Appellant resides at 27 Liam Lane, Carlisle, Pennsylvania, 17013. 2. Appellant received notice from the Commonwealth of Pennsylvania Department of Transportation,mailed January 7, 2014 stating that as a result of her alleged violation of Section 1547 of the Vehicle Code (Chemical Test Refusal) on December 8, 2013,her driving privilege was being suspended for a period of 1 year, effective February 11, 2014, at 12:01 a.m. A copy is attached hereto as "Exhibit A." 3. Suspension is improper and unfair under the circumstances in that: (a) The required implied consent warnings were inadequately provided; (b) Appellant did not intend to refuse testing; (c) Any chemical testing request that was made was done at a time just after Appellant had sustained significant injuries in an automobile accident and was incapable oe 0 5 S� �r GQ � A of comprehending,understanding or otherwise complying with such a request; (d) The Commonwealth had no reason to request the incoherent Appellant to submit to chemical testing under the circumstances in that the Commonwealth could obtain a sample of Appellant's blood from the hospital by simple subpoena, which it did. (e) 75 Pa.C.S. 1547 is unconstitutional based upon, including but not limited to, the Fifth and Sixth Amendments of the United States Constitution; and (f) For other reasons to be determined after testimony is taken at a hearing. 4. A supersedeas pending the disposition of the within appeal is appropriate pursuant to Vehicle Code Section 1550(b)(1). WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter,to grant a Supersedeas pursuant to the Vehicle Code, and to enter the attached order. Respectfully submitted, Shannon Rae Swartz, Pro se 27 Liam Lane Carlisle, PA 17013 SHANNON RAE SWARTZ, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 14- COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. '-2[-711. — Date Shannon Rae Swartz COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driv.er Licensing Mail Date : JANUARY 07 , 2014 SHANNON RAE SWARTZ WID # 133656123084374 001 133 REGENCY WOODS N PROCESSING DATE 12/31/2013 DRIVER LICENSE # 30268669 CARLISLE PA 17015 DATE OF BIRTH 05/28/1993 Dear MS. SWARTZ : 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 12/08/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 02/11/2014 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 02/11/2014 . You may surrender these items before , 02/11/2014 , 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 license . Remember : You may not retain your driver ' s license for identification purposes . Please send these items to : Pennsylvania Department of Transportation g EXHIBIT f � 133656123084374 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 con- firming the date that credit began . if you do not re- ceive a receipt from us within three (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 pro- ducts , 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" . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , JANUARY 07 , 2014 , of this letter . If you file an ap- peal 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 certi- fied copy of the appeal by certified mail to : Pennsylvania Department of Transportation Office of Chief Counsel k Third Floor , Riverfront Office Center 4 Harrisburg , PA 17104-2516 133656123084374 Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 02/11/2014 . Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8 : 00 a .m . to 5 : 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. dmv . state . pa . us I !l i I f I E r I SHANNON RAE SWARTZ, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 14- COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee CERTIFICATE OF SERVICE 1, Shannon Rae Swartz, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Shannon Rae Swartz )N. SHANNON RAE SWARTZ, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14- 7v2-.1- OF : LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT , OF TRANSPORTATION, BUREAU OF DRIVER • ter' 77c;' LICENSING, • cam-- Appellee . r, t'4 pp —4 (.... •„I ORDER OF COURT -� AND NOW, this Ps"— day of 3 -�tw • , 2014,upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1), it is Ordered that a hearing on the matter shall be held on the c day of , =30 I , at 1,'( 0 _ o'clock - m. in Courtroom No. � of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that the appeal is resolved. By the Court: \\\\* J. D' tribution: PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office enter, Harrisburg, PA 17104-2516 Cop I‘Es 41/14( SHANNON RAE SWARTZ, : IN THE COURT OF COMMON PLEAS OF Appellant V COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-0722 CIVIL TERM : APPEAL FROM LICENSE SUSPENSION IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 2nd day time and place set for a hearing operating license privilege, and dismiss the appeal as a result accordingly, this court has no of June, 2014, this being the on an appeal from suspension of the Commonwealth having moved to of the appeal being filed late, jurisdiction to hear the appeal, IT IS HEREBY ORDERED AND DIRECTED the appeal is dismissed. You have 30 days from today's date to file an appeal of this Order. By the Court, Shannon Rae Swartz, Appellant Pro Se Cho delivered b6i'no ',e,) Philip M. Bricknell, Esquire For PennDOT :mtf