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Home My WebLink About14-2849E T 0 N A E T 0 N B Supreme Courto Tennsylvania Courtof Commthi Pleas Civil CoverSheet 6-LM(boEA-0 County For Prothonotary Use Only: „ . . 0 Petition • Declaration of Taking Docket No: Y -WV, The information collected on this form is used solely °for court administration purposes. This form does not - • • , • , a ' • a ers as re( uired by law or rules ofcourt. Commencement of Action: 0 Complaint 0 Writ of Summons 0 Transfer from Another Jurisdiction „ . . 0 Petition • Declaration of Taking Lea intiff s Name: ‘..vvile ) —5 P-4,)yziA_ Lead Defendant's Na C No Dollar Amoun Requested: El within arbitration limits (check one) ['outside arbitration limits Are money damages requested? • Yes Is this a Class Action Suit? E Yes D'1‘ Is this an MDJ Appeal? 0 Yes 0 No • ‘ Name of Plaintiff/Appellant's Attorney: Check here if you have no attorney (are a Self-RepAented [Pro Sej 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 Mass Tort) O Intentional O Malicious Prosecution O Motor Vehicle 0 Nuisance o Premises Liability o Product Liability (does not include Mass tort) • 0 Slander/Libel/ Defamation O Other: MASS TORT O Asbestos 0 Tobacco 0 Toxic Tort - DES O Toxic Tort - Implant 0 Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical 0 Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff O Debt Collection: Credit Card 0 Debt Collection: Other O Employment Dispute: Discrimination 0 Employment Dispute: Other Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections -ffiert. of Transportation O Statutory Appeal: Other El Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment Mandamus O Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 E THE PROTHONOTARY 'AIR MAY -9 PM 1: 3.7 CUMBERLAND COUNTY PENNSYLVANIA 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 BEAU H. MACGINNES : IN THE COURT OF COMMON PLEAS v. COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING : CUMBERLAND COUNTY, PENNSYLVANIA NO: /V., .02<? : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes the Petitioner, BEAU H. MACGINNES, by and through her attorneys, Wagner & Spreha, and files the following License Suspension Appeal: 1. Your Petitioner, BEAU H. MACGINNES, is an adult individual and a licensed driver in the Commonwealth of Pennsylvania having as a NEW address 3805 Hillcrest Road, Harrisburg, Dauphin County, Pennsylvania, 17109. 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 March 22, 2014, Petitioner was charged with allegedly violating 75 Pa.C.S.A. §§3802(a)(1) of the Motor Vehicle Code. 1/0 (1#/2O 3O5673 4. On or about April 11, 2014, 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 April 11, 2014 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. 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 Date: `/4//i/ d Wagner, Esquire 3103 233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner 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: • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 11, 2014 BEAU H MACGINNES 1779 DEODATE RD ELIZABETHTOWN PA 17022 Dear MR. MACGINNES: WID # 140946075096837 001 PROCESSING DATE 04/04/2014 DRIVER LICENSE # 28280899 DATE OF BIRTH 08/19/1988 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 03/22/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/16/2014 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 05/16/2014. You may surrender these items before, 05/16/2014, 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 513.50. You must present identification (e.g., birth passport,- marriage certificate, your photo identification card. two (2) forms of proper certificate, valid U.S. etc.) in order to obtain - 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 whyyou 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: 1 EXHIBIT 140946075096837 Pennsylvania Department' of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2.. Upon: re.ceipt., review an:d^ acceptance; of your'.Pennsyivania 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 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 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 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./Revoca.ti-on". 140946075096837 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 11, 2014, of this letter. If you file an appeal in the County Coor.t, the Court' you -a' time -stamped.. certified copy of thoe 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, Rixerfront Office Center Harrisburg, PA 17104-2518 Remember" this is an CJFFIC/AL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 05/18/2014^ Sincerely, f‘ Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4800 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmw.state.po.us 1-800-228-0676 717-412-5380 P. Richard Wagner, Esquire PA Supreme Court 1.D. #23103 Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Petitioner THE PRO 1 HOeiO T ,' 2tIl if t1AY 13 AN 10: 58 CUMBERLAND COUNTY PENNSYLVANIA BEAU H. MACGINNES v. COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION :. BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: �/ 9 (y / /`'/ei • • //JJ� AND NOW, this`rs day of ORDER upon Petition of Beau H. Macginnes, a hearing is set on the License Suspension Appeal for the �� day of 71- 20 , at 9.' X o'clock Q .m. in Courtroom No. 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: Distribution: Prothonotary's Office Office of Chief Counsel, PennDOT, 1101 S. Front Street, Harrisburg, PA 17104-2516 ✓Pr. Richard Wagner, Esq., 2233 N. Front Street, Harrisburg, PA 17110 C-DiesiZt s12AY J. 1 BEAU H. MACGINNES, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, ' DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-2849 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 20th day of August, 2014, on agreement of the parties, the appeal filed in the above -captioned matter is WITHDRAWN, and the suspension which is the basis of this appeal shall be REINSTATED, effective February 20,491 BY THE COURT: Attest: P. Richard Wagner, Esq., 2233 North Front Street, Harrisburg, PA 17110 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Ciunl, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 t'rnr rn --V CD ,. epi@s pt t. ed /2///v