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HomeMy WebLinkAbout14-4167 Supreme Co nnsylvania Cou ot>r> o leas For Prothonotary Use Only: akr , t Docket No: I �"Um County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint Q Writ of Summons tirion 0 Transfer from Another Jurisdiction © Declaration of Taking E c Le d PI ' tiff's Name: L d Defendant's Name: mmonvWA 4 PA T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes No (check one) [3 outside arbitration limits O N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? [3 Yes �No AName of Plaintiff/Appellant's Attorney: ® Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant) TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional ❑ Buyer Plaintiff Administrative Agencies ® Malicious Prosecution [3 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle [3 Debt Collection:Other Moard of Elections Nuisance Liept.of Transportation Premises Liability Statutory Appeal:Other S [3 Product Liability(does not include © Employment Dispute: Emass tort) Slander/Libel/Defamation Discrimination 0 Other: ❑ Employment Dispute:Other ® Zoning Board T 0 Other: I — Other: o MASS TORT ® Asbestos N 0 Tobacco Q Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste © Other: 0 Ejectment © Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation © Declaratory Judgment Ground Rent Mandamus [30 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure:Commercial 13 Quo Warranto Dental 0 Partition 0 Replevin ® Legal ❑ Quiet Title 0 Other: 0 Medical [3 Other: 13 Other Professional: Updated 1/1/2011 JEFFREY L. STINE : IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNSYLVARA, V. �y 16 3 COMMONWEALTH OF PENNSYLVANIAN r, DEPARTMENT OF TRANSPORTATION :LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Jeffrey L. Stine, hereinafter Petitioner, by and through his attorneys, Wagner& Spreha, who respectfully represent: 1. Your Petitioner,Jeffrey L.Stine,is an adult individual residing at 355 Strohm Road,Shippensburg, Pennsylvania. 2. Respondent,Pennsylvania Department of Transportation,Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about June 19, 2014, the Petitioner received the attached notice of suspension indicating that his license would be suspended for a period of 18 months as an alleged violation of§1547 of the Vehicle Code for refusing a chemical test. See Exhibit A.. 4. Your petitioner believes such suspension is illegal,unjust and improper for reasons which include, but are not limited to the following: a. The Petitioner did not refuse chemical testing; b. The Petitioner was not advised of his warnings as required by law; C. The Petitioner was not provided a valid opportunity to provide a chemical test. WHEREFORE,your petitioner prays your Honorable Court to hold a hearing to determine the validity of the suspension outlined in Exhibit A. Respectfully submitted, %341,s 3e6 3— WAGNER&SPREHA e�6 Edward F. Spreha, Jr Esq. Attorney ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dates JUNE 19, 2014 JEFFREY LYNN STINE WID * 141636180711491 001 355 STROHM RD PROCESSING DATE 06/12/2014 DRIVER LICENSE t 20655551 SHIPPENSBURG PA 17257 DATE OF BIRTH 10/19/1964 1 Dear MR. STINE . This is an official i#&tice of the Suspension of your Driving Privilege as authorized by Section 1547BIll of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/06/2014: r Your driving privilege is SUSPENDED for a period of IS MONTHS) effective 07/24/2014 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 07/24/2014 . You may surrender these items before, 07/24/2014, 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 527.50 . You must present two (2) forms of proper iden- tification (e .g. , birth certificate, valid U.S. passport.- marriage assport,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 `Row 141636180711491 Bureau of Driver Licensing P.O. Bax 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 nate 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 i amount due is listed an the application. 2. Write your driver's license number (listed on the first page) an the check or money order to ensure proper credit . 3. Follow the payment and mailing instructions an 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, JUNE: 19, 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 141636180711491 Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 07/24/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8: 00 a .m. to 5: 00 P- 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 WEE SITE ADDRESS www.dmv.state.pa .us JEFFREY L. STINE : IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION :LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent NO. P/- Vg ? ORDER AND NOW, this °?/' day of , 2014, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the 4 -et -day of G�u 20 , at i' o'clock in Courtroom .5— , Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Appellant's attorney at least sixty days prior to the date of the hearing. By the Court: Distribution: and F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 ennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`d Floor, Harrisburg, PA 17104-2516 J. C— IN) N Zom U, 5 JEFFREY L. STINE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-4167 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION ORDER AND NOW, this 16th day of October, 2014, the appeal filed in the above - captioned matter is: Attest: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED/ Apj\7( 1 6 2.-.9 CONTINUED and RESCHEDULED for the day of , 20_, at .m., in Courtrgarn Room No. of the Cumberland County CourthiA, Carlisle, Pennsylvania. r-= <c) =c, BY THE COURT: Edward F. Spreha, Esq., 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 e,o()Lie maded 1011-71N gia