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Home My WebLink About14-3317Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet Cumberland County For Prothonotary Use Only: Petition Declaration of Taking Docket No: I4 -33 f'7 DiITeJn4 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint ■ Writ of Summons ® Transfer from Another Jurisdiction ® Lead Plaintiffs Name: Donald L. McGlone II Lead Defendant's Name: Comm. of PA, Dept. of Trans., Bureau of Driver Lic. Dollar Amount Requested: ®within arbitration limits Are money damages requested? ! Yes I No (check one) • outside arbitration limits Is this a Class Action Suit? 0 Yes F2 No Is this an MDJAppeal? ■ Yes 1 No Name of Plaintiff /Appellant's Attorney: David E. Hershey, Esq. Self- Represented [Pro Se] Litigant) ■ Check here if you have no attorney (area 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 ▪ Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander /Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY O Ejectment O 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 • Board of Assessment O Board of Elections Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law /Statutory Arbitration • Declaratory Judgment O Mandamus 0 Non - Domestic Relations Restraining Order 0 Quo Warranto Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JUN -2 PH !2: r CUMBERLAND COUNT( PENNSYLVANIA DONALD L. MCGLONE II Petitioner v. NO: 14- 3317 AvilTerril COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent TO THE HONORABLE JUDGE OF THE ABOVE SAID COURT: AND NOW COMES, Petitioner, Donald L. McGlone, II, by and through his attorney David E. Hershey of Colgan & Associates, LLC, who makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Donald L. McGlone, II, is a licensed driver and a Cumberland County resident with an address of 1413 Silver Creek Drive, Mechanicsburg, PA 17050. 2. Respondent, The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing has a mailing address of 1101 South Front St., Harrisburg, PA 17104. 3. Petitioner received a notice, with a mail date of May 9, 2014 from Respondent with a proposed one (1) year license suspension for chemical test refusal on 4/29/2014. See "Exhibit A" attached hereto, and incorporated herein by reference. 4. The suspension, as proposed by the Department, is illegal, improper and invalid for some or all of the following reasons: 1 43 103. '75 Po irn'/ Bocci 30(pLoqq a. All of the elements of§1547(a) and (b) of the Vehicle Code have not been satisfied. b. The suspension is otherwise in violation of the Vehicle Code and/or case law. WHEREFORE, Petitioner prays that Your Honorable Court grant the attached Order scheduling the matter for a hearing and directing the Department to stay the proposed suspension until such time as this matter can be decided on its merits. Respectfully submitted, Date: David E. Hershey, Es COLGAN & ASSOC ATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 2 CERTIFICATE OF SERVICE On the 'v day of May, 2014, I certify that a copy of the foregoing p etition was served upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, First Class, as follows: Date: < Jc — / Philip Bricknell, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104 -2516 David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502 -5000 VERIFICATION The undersigned, Donald L. McGlone, II, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 5-1 Respectfully submitted, COLGAN & ASSOCIATES, LLC 2-dig Cm- nf?1064-- Donald L. McGlone, II Exhibit 'A" .„....,____ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 09, 2014 DONALD LEE MCGLONE II 1413 SILVERCREEK DR MECHANICSBURG PA 17050 WID # 141226075104414 001 PROCESSING DATE 05/02/2014 DRIVER LICENSE # 23040 ?82 DATE OF BIRTH 06/14/1958 Dear MR. MCGLONE This is an Official Notice o-f the suspension of your Driving Privilege as authorized by Section 154781I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 04/29/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 06/13/2014 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 06/13/2014. You may surrender these items before, 06/13/2014, 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, .._inarrias ,..c_erti_ficat.e, 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 141226075104414 Bureau of Driver Licensing P.0, 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 wil1 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 numb.-ers- are__listed at ...the. end of this lett.er,.. 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 SCCTION 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: Paving 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 /Revocat-io --- - nn. ------" - APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 09, 2014, 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 Third Floor, Riverfront Office Center Harrisburg, PA 17104 -2516 141226075104414 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/13/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 •.m. IN STATE OUT -OF -STATE WEB SITE ADDRESS 1- 800 -932 -4600 TDD IN STATE 1- 800 -228 -0676 717- 412 -5300 TDD OUT -OF -STATE 717 -412 -5380 www.dmv.state.pa.us s E C T I 0 N A s E C T I 0 N B Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet Cumberland County For Prothonotary Use Only: I/, 5 Docket No: I4-317 1\111T fl The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking 1 Complaint Writ of Summons El Transfer from Another Jurisdiction 1 Lead Plaintiff's Name: Donald L. McGlone II Lead Defendant's Name: Comm. of PA, Dept. of Trans., Bureau of Driver Lic. Dollar Amount Requested: within arbitration limits Are money damages requested? Yes x No (check one) n outside arbitration limits Is this a Class Action Suit? 1 Yes Ix No Is this an MDJAppeal? 0 Yes El No Name of Plaintiff/Appellant's Attorney: David E. Hershey, Esq. • (are a Self -Represented [Pro Se] Litigant) 1 Check here if you have no attorney 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 no1 include Mass Tort) ▪ Intentional 0 Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability O Product Liability (does not include mass tort) • Slander/Libel/ Defamation • Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY O Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition • Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections El Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration • Declaratory Judgment Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DONALD L. MCGLONE II, Petitioner • v. NO: 14- 3'i% el0Teriv‘ COMMONWEALTH OF PENNSYLVANIA •LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent • AND NOW, this /� day of ORDER , 2014, upon consideration of the Petitioner's Appeal filed in the above captioned matter, this matter is hereby scheduled for a hearing on the ikAiday of , 2014, at /%3a f- .m. in Courtroom � of the Cumberland County Courthouse located at 1 N. Courthouse Avenue, Carlisle, Pennsylvania. Pursuant to §1550 of the Vehicle Code, a supersedeas is granted. The Department is directed to stay the proposed suspension until this matter is decided on the merits. BY THE COURT: jstribution: ilip Bricknell, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St., Harrisburg, PA 17104 ./11 -avid E. Hershey, -Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 ees T HO 2,21tc SEP 22 P1 12: t. CUMSERLAi'a'J COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. MCGLONE II, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent : No.: 14-3317 CV : LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE TO THE HONORABLE CHRISTYLEE L. PECK: AND NOW, this 19' day of September, 2014, comes the above named Petitioner, Donald L. McGlone, II, by and through his attorney, David E. Hershey, of Colgan & Associates, LLC, and makes the following averments in support of this request for continuance: 1. A license suspension appeal is scheduled in this matter before Your Honorable Court on October 16, 2014. 2. The related criminal case docketed at CP -21 -CR -2152-2014 pertaining to the charge of §3802(a)(1) of the Vehicle Code is still trial pending and will not be resolved prior to October 16, 2014. 3. The next date for license suspension appeals that all parties are available is December 18, 2014. —1— 4. Counsel for the Department of Transportation, Philip Bricknell, Esq., has been consulted and has indicated that the Department does not object to the proposed continuance for the above mentioned reasons. WHEREFORE, Petitioner prays that your Honorable Court continue the license suspension appeal for the next available date for license suspension appeals. Respectfully submitted, Date: David E. Hershey, Esquire ID No.: 43092 COLGAN & ASSOCIATES, LLC 130 W. Church St. Ste. 100 Dillsburg, PA 17019 (717) 502-5000 -2- VERIFICATION The undersigned, on behalf of my client, Donald L. McGlone, II, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ' 7 —1 -VZ/ Respectfully submitted, David E. Hershey, Esquire ID No.: 43092 COLGAN & ASSOCIATES, LLC 130 W. Church St. Ste. 100 Dillsburg, PA 17019 (717) 502-5000 CERTIFICATE OF SERVICE On the ( ( day of September, 2014, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by U.S. Mail, First Class, as follows: Philip Bricknell, Esquire Office of Chief Counsel Pennsylvania Department of Transportation 1101 S. Front St. Harrisburg, PA 17104 Date: Respectfully submitted, David E. Hershey, Esquire ID No.: 43092 COLGAN & ASSOCIATES, LLC 130 W. Church St. Ste. 100 Dillsburg, PA 17019 (717) 502-5000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEP 26 AN fr: 1BEFlLAND COUNTY PENNSYLVANIA DONALD L. MCGLONE II, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION • BUREAU OF DRIVER LICENSING, Respondent : No.: 14-3317 CV : LICENSE SUSPENSION APPEAL ORDER AND NOW, this d(o qday of September, 2014, upon consideration of Petitioner's request for continuance in the above -captioned matter, noting the reasons supporting same, and that counsel for the Department of Transportation has no objection, said motion is hereby 14 s f . This matter is rescheduled to December 18, 201/ at 1:30 p.m. in courtroom . BY THE COURT: Peef- Distribution: . - ourt Administration 'Philip Bricknell, Esq., Office of Chief Counsel, PennDOT, 1101 S. 17104 V David E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, C (9 f,; es hua.lei 944/1 y J. Front St., Harrisburg, PA PA 17019 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. MCGLONE II, Petitioner • vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent : No.: 14-3317 CV : LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE TO THE HONORABLE THOMAS PLACEY, JUDGE OF THE ABOVE SAID COURT: AND NOW, this L day of December, 2014, comes the above named Petitioner, Donald L. McGlone, II, by and through his attorney, David E. Hershey, of Colgan & Associates, LLC, and makes the following averments in support of this request for continuance: 1. A license suspension appeal is scheduled in this matter before Your Honorable Court on December 18, 2014. 2. The related criminal case docketed at CP -21 -CR -2152-2014 pertaining to the charge of §3802(a)(1) of the Vehicle Code is still trial pending, scheduled for the January 2015 term of court, and therefore will not be resolved prior to December 18, 2014. 3. Counsel for the Department of Transportation, Philip Bricknell, Esq., has been consulted and has indicated that the Department does not object to the proposed continuance for the above-mentioned reasons. WHEREFORE, Petitioner prays that your Honorable Court continue the license suspension appeal to the next available February of 2015 date for license suspension appeals. Respectfully submitted, Date: i 2-- 11-1 David E. Hershey, Esquire ID No.: 43092 COLGAN & ASSOCIATES, LLC 130 W. Church St. Ste. 100 Dillsburg, PA 17019 (717) 502-5000 VERIFICATION The undersigned, on behalf of my client, Donald L. McGlone, II, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ��— Respectfully submitted, David E. Hershey, Esquire ID No.: 43092 COLGAN & ASSOCIATES, LLC 130 W. Church St. Ste. 100 Dillsburg, PA 17019 (717) 502-5000 CERTIFICATE OF SERVICE On the 7 day of December, 2014, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by U.S. Mail, First Class, as follows: Philip Bricknell, Esquire Office of Chief Counsel Pennsylvania Department of Transportation 1101 S. Front St. Harrisburg, PA 17104 Date: Respectfully submitted, David E. Hershey, Esquire ID No.: 43092 COLGAN & ASSOCIATES, LLC 130 W. Church St. Ste. 100 Dillsburg, PA 17019 (717) 502-5000 THE, PROTHOHOLVC: 2014 DEC —8 PH 3: 38 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. MCGLONE II, Petitioner vs. : No.: 14-3317 CV • • COMMONWEALTH OF PENNSYLVANIA : LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 7 day of December, 2014, upon consideration of Petitioner's request for continuance in the above -captioned matter, noting the reasons supporting same, and that counsel Department of Transportation has no objection, said motion is hereby This matter is rescheduled to February 20, 2015 at I.50 a.m./p.m. .in courtroom BY THE COURT: Thomas y, J. Distribution: Court Administration — picaceS-1•6 •Q ilip Bricknell, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St., Harrisburg, PA 17104 u•••""15 -;;;;.d E. Hershey, Esquixe, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 C. Clip / y