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HomeMy WebLinkAbout14-4270Supreme Co Cour k ennsylvania leas it County For Prothonotary Use Only: Commencement of Action: ,�'� Docket No: /4'- �/p770 Z 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. S E C T I 0 N A Commencement of Action: Petition Declaration of Taking Complaint i Writ of Summons * Transfer from Another Jurisdiction 0 Lead Plaintiff's Name: Tony Pearson Lead Defendant's Name: Commonwealth of Pennsylvania Department of Transpoi No Dollar Amount Requested: ®within arbitration limits Are money damages requested? 0 Yes (check one) NSA X outside arbitration limits No Is this a Class Action Suit? I Yes l Is this an MDJAppeal? 0 Yes I No Name of Plaintiff/Appellant's Attorney: Dean E. Reynosa, Esquire (are a Self -Represented [Pro Se] Litigant) Check here if you have no attorney S E C T I O 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 0 Motor Vehicle 0 Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) Slander/Libel/ Defamation O Other: X 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 0 Debt Collection: Credit Card 0 Debt Collection: Other ▪ Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY 0 Ejectment O Eminent Domain/Condemnation O Ground Rent 0 Landlord/Tenant Dispute O Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial 0 Partition O Quiet Title O Other: 1 CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections Dept. of Transportation Statutory Appeal: Other ▪ Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment 0Mandamus Non -Domestic Relations Restraining Order O Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 DELAWARE COUNTY OFFICE OF JUDICIAL SUPPORT Civil Docket Report Report generated on : 6/25/2014 9:18:39 AM Criteria : Case Number : 2014-003622 CERTIFIED A TRUE AND CORRECT COPY FROM THE RECORD THISZVAY 0414t1 -d A.D.a* ANGA L. MARTINEZ, ESQ., DIRECTOR CE OF JUDI AL SUPPORT Ca e 2014-003622 Status Judge COURT ADMIN JUDGE DEFAULT In The Matter Of Case Type COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION vs. TONY Department of Transportation (LSA) PEARSON Party Balance COMMONWEALTH OF PENNSYLVANIA Plaintiff $0.00 DEPARTMENT OF TRANSPORTATION • TONY ISAIAH PEARSON JR Defendant $0.00 463 BURMONT RD DREXEL HILL, PENNSYLVANIA 19026 Attorneys FAUL, JOANNE STEINKE 7000 GEERDES BOULEVARD, SUITE 413 KING OF PRUSSIA, PA 19406 Delaware County Courthouse 201 West Front Street Media, PA 19063 Page 1 of 3 •-‹ • Report generated on : Criteria : Opened 4/21/2014 DELAWARE COUNTY OFFICE OF JUDICIAL SUPPORT Civil Docket Report 6/25/2014 9:18:39 AM Case Number : 2014-003622 Court Type CIVIL (AOPC) No. Date of Pleadings Filed, Orders and Decrees Comments 1 4/21/2014 11:07:32 AM 2 4/21/2014 11:12:32 AM/ 3 4/21/2014 11:18:27 AM 4 4/30/2014 12:08:34 PM .✓ 5 6 • 7 6/24/2014 10:15:34 AM Receivable Created For $257.00 Case Initiated - Petition Receipt# 066493 generated for the amount of $ 257.00 Hearing Date Change of Venue 6/24/2014 10:16:33 AM Receipt# 075362 generated for the amount of $ / 50.00 6/24/2014 11:37:30 AM ✓ Order Case is Transferred 8 6/25/2014 9:04:05 AM / OJS 236 Notice of Order 9 6/25/2014 9:12:18 AM Order LSA : PETITION PURSUANT TO RULE 206.1 : NEW HEARING DATE: JUNE 24,2014 CTRM TBA 8:30 A.M. (HEARING) (PETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE.) TO CUMBERLAND COUNTY. 236 N/S 06/25/2014 (JUDGE DURHAM) GRANTING REQUEST FOR SUPERSEDEAS. 236 N/S 06-25- 2014 (JUDGE DURHAM) Delaware County Courthouse 201 West Front Street Media, PA 19063 Page 2 of 3 DELAWARE COUNTY OFFICE OF JUDICIAL SUPPORT Civil Docket Report Report generated on : 6/25/2014 9:18:39 AM Criteria : Case Number : 2014-003622 10 6/25/2014 9:14:01 AM OJS 236 Notice of Order ALL FILINGS ARE LISTED END OF DOCUMENT Delaware County Courthouse 201 West Front Street Media, PA 19063 Page 3 of 3 • • IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA COVER SHEET - NOTICE OF FILING OF MOTION OR PETITION UNDER LOCAL RULES OF CIVIL PROCEDURE CASE CAPTION:" -w, ©, of) PA ✓s rc ny QearS0n NATURE OF MATTER FILED: (please check one) CIVIL CASE NO. 0/ Z/— _3(o g LV' Petition Pursuant to Rule 206.1 ❑ Response to Petition ❑ Motion for Judgment on the Pleadings Pursuant to Rule 1034(a) ❑ Motion Pursuant to Rule 208.1 ❑ Response to Motion ❑ Summary Judgment Pursuant to Rule 1035.2 ❑ Family Law Petition/Motion Pursuant to Rule 206.8 FILING PARTY IS RESPONSIBLE FOR SERVICE OF THE RULE RETURNABLE DATE OR HEARING DATE UPON ALL PARTIES s4- A motion or petition was filed in the above captioned matter on the �/ day of A -pr: � , , which: ❑ Requires you, Respondent, to file an Answer within twenty (20) days of the above date to this notice, or risk the entry of an Order in favor of the Petitioner. Answers must be filed and time stamped by the Office of c,L_ .r - r -1=1 Ts Judicial Support by 4:30 PM on the following date D Requires all parties, to appear at r at U ,3 Din Courtroom Ir ' orafefenee on the `( day of elaware County Courthouse, Media, Pennsylvania/. At t �c3 N you t be prepared to present all testimony and/or argument, and must ensure that your. witnesses -will b co present. ❑ Was timely answered, thus requiring the scheduling of the following hearing in the above captioned matter on: at 10:00 AM in Courtroom At this hearing, all parties must be prepared to present all testimony and/or argument and must ensure that their witnesses will be present. El Qualifies as an Uncontested Motion or Petition, and as such requires neither an answer from the Respondent nor the scheduling of a hearing in this matter. ❑ Has been assigned to Judge NUaliag date: FOR OFFICE USE ONLY �` �' 1 4 Processed by: A -c- • • IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW COMMONWEALTH OF PENNSYLVANIA NO, DEPARTMENT OF TRANSPORTATION v. Pnmon Appellant ` ORDER AND NOW, to wit, this day of , after hearing on the Petition for Appeal from Suspension of Operating Privilege Denial of Driver's License Suspension of Motor Vehicle Registration it is hereby ORDERED that said petition is GRANTED and that the Department of Transportation's Suspension of Operating Privilege Denial of Driver's License Suspension of. Motor Vehicle Registration as to the above captioned Appellant is hereby SET ASIDE. BY THE COURT: J. • • IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW COMMONWEALTH OF PENNSYLVANIA NO,a-(:)\(-\— c3Ls) aa- sg, DEPARTMENT OF TRANSPORTATION.... Alm Vr -- ca 0-,,-n Appellant l v. IPETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE DENIAL OF DRIVER'S LICENSE SUSPENSION OF MOTOR VEHICLE REGISTRATION To the Honorable Judges of the Court of Delaware County: 1. Appellant herein is 'i0111 /Q % S , residing at having a mailing address of f%,:. ROrriar4'V3 ) rrxar7.l �c (1) Get/90r94 2. Appellee herein is the Pennsylvania Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 • • 3. By letter of notice dated MOAT k 19 (11 a copy of which is attached hereto, the Department of Transportation V ordered Appellant to surrender his or her operating license for a period of r1E' ycC ordered Appellant to surrender his or her motor vehicle registration for a period of denied the issuance or renewal of a driver's license. 4. Pursuant to 75 Pa.C.S. § 1550 (b) (driver's license) or 75 Pa. C.S.§ 1377(motor vehicle registration), the Appellant is retaining his or her driver's license or motor vehicle registration until final determination of the suspension of operating privilege or registration. 5. The said suspension of the Appellant's driver's license is improper or unlawful for the following reasons: la e rect'. ,Jhe drver kdaS ArA / 'Z57L r d tuell b T- w2. 3411 7 tob, -, Wet> cas c/4 Apiordqh,W. c dry v-- KGs asksf o / d r/a/4S7L Ao4-irP4sed crfOqr_r t3coicl r2o4--- ifieteywQ4bn alveYAIZol Ies4 #hLhe 0,5C) e WHEREFORE, Appellant respectfully requests that, after a hearing on the matter, the order of suspension or the order of denial be set aside. Respectfully submitted, Ap,l' lant's signature • • IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW COMMONWEALTH OF PENNSYLVANIA NO, DEPARTMENT OF TRANSPORTATION v. on V&tvson Appellant/ VERIFICATION/CERTIFICATE OF SERVICE I I hereby verify that the statements made in this foregoing Petition are true and correct to the d— best of my knowledge, information, and belief. I further certify that on the 49 day of ft Y?t l ,, I served the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, by certified mail to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: y�ai/r9 ant's signature COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 19, 2014 TONY ISAIAH PEARSON JR 463 BURMONT RD DREXEL HILL PA 19026 Dear MR. PEARSON: WID # 140?160?5091623 001 PROCESSING DATE 03/12/2014 DRIVER LICENSE # 2942346? DATE OF BIRTH 02/26/1991 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 03/08/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/23/2014 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 04/23/2014. You may surrender these items before,. 04/23/2014, 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 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: 140716075091623 Pennsylvania Department of Transportation 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 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/Revocation". 140716075091623 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 04/23/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmv.state.pa.us 1-800-228-0676 717-412-5380 • IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION : } NO. 14-03622 vs. } TONY PEARSON } ORDER AND NOW, on this o? iih Li day of f €. , 2014, it is ORDERED that this appeal is TRANSFERRED to the Court of Common Pleas of CUMBERLAND COUNTY. It is further ORDERED that the petitioner, within 40 days hereof, shall perfect the transfer by forthwith filing any and all documents, paying any and all fees and costs, and taking any other necessary steps to have the appeal docketed by and listed for a hearing before the Court of Common Pleas of CUMBERLAND COUNTY. Furthermore, petitioner, within 40 days hereof, shall notify JOANNE STEINKE FAUL, Esquire, in writing, at Office of Chief Counsel, 7000 Geerdes Blvd., King of Prussia, PA 19406, of the new docket number and hearing date. Should petitioner fail to comply with this Order, the Department of Transportation shall reinstate the suspension. The rights of the Department to object to jurisdiction, timeliness of filing and all other issues which may arise are preserved. BY THE COURT: _,_ �W FILED IN OPEN COURT -KV:-/Y DATE r)9 J. IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. 10 NI ?VI -KS C114 Petitioner NO. 201U --0o 3622 - ORDER AND NOW, this Z f day of 3 -LA . , 2014, Dr/iPen-no tigR. `s 006s1' FNP--- 4- S) egseb S IS 6A-1ITom. 0 BY THE COURT: J. FILED�"IN rOP/EN COURT t�-�I'�1Hy DATE r? f TONY PEARSON, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. (q- 44,7 0 2 r z .- COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal ma' cf DEPARTMENT OF TRANSPORTATION : zv. BUREAU OF DRIVER LICENSING,v w 4,4 Respondent < . -v; C,:r , -< PRAECIPE TO ENTER APPEARANCE TO PROTHONOTARY: Kindly enter my appearance on behalf of the Petitioner/Appellant, Tony Pearson, in the above captioned docket. Dated: ski Respectfully submitted, SAIDIS, S LIVAN & ROGERS Dean E. Reynosa Esquire Attorney Id. 8044 26 West High Stre-t Carlisle, PA 17013 (717) 243-6222 Counsel for Tony Pearson TONY PEARSON, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Respondent CERTIFICATE OF SERVICE AND NOW, July 23, 2014, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First -Class Mail: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 1 71 04-251 6 Joanne Steinke Faul, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 7000 Geerdes Blvd. King of Prussia, PA 19406 SAIDIS, SULLI /AN & ROGERS Dean E. Reynosa\Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Tony Pearson TONY PEARSON, Petitioner vs. COMMONWEALTH OF PENSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSY.Js.VAI IA c : No. 14-4270 -o= m x73 >C) --4 --c : License Suspension Appeal MOTION TO SCHEDULE HEARING AND NOW, comes Tony Pearson, by and through his counsel, Dean E. Reynosa, Esquire and Saidis, Sullivan & Rogers, and in support of his Motion, avers as follows: 1. This License Suspension Appeal was originally timely filed in Delaware County, Pennsylvania, on April 21, 2014. 2. A hearing was held in Delaware County on June 24, 2014, at which it was determined that the matter should be transferred to Cumberland County. 3. Transfer of this matter was perfected by the docketing of this appeal in Cumberland County. 4. Appellant requests that this license suspension appeal be scheduled for a hearing. WHEREFORE, Appellant respectfully requests this Honorable Court schedule a hearing on his license suspension appeal. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Dated: / - / �( Dean E. Rynosa, Esquire Attorney Id. 0440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Tony Pearson TONY PEARSON, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14-4270 COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Respondent CERTIFICATE OF SERVICE AND NOW, August 1, 2014, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First -Class Mail: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 1 71 04-251 6 Joanne Steinke Faul, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 7000 Geerdes Blvd. King of Prussia, PA 19406 SAIDIS, SULLIVAN & ROGERS Ak*W°P Dea ��E. Reynosa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Tony Pearson TONY PEARSON, : IN THE COURT OF COMMON PLEAS Petitioner vs. COMMONWEALTH OF PENSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA_.,, �j Z _L.-- —1 • —171 No. 1 �cr� ▪ , ,.<as .4- c , XC) n -71 c--1 D� . License Suspension Appeal ORDER SCHEDULING HEARING ON APPEAL -< .4"." AND NOW, this '-71v day of a 4 i , 2014, upon consideration of a Petition for Appeal of License Suspension filed by Tony Pearson (hereinafter "Petitioner") in the Delaware County Court of Common Pleas at docket No. 14-03622 on April 21, 2014, and that matter having been transferred to Cumberland��County, IT IS HEREBY ORDERED that a hearing on this matter shall be held on re16 tALc,) /�,) , 2014, at f,34) o'clock P M. in Courtroom No. J of the Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania. A copy of this Order shall be served on Petitioner. It shall be Petitioner's responsibility to serve a copy of this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Petitioner's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, Distribution: Dean E. Reynosa, Esquire Saidis, Sullivan & Rogers 26 W. High Street Carlisle, PA 17013 oanne Steinke Faul, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 024 7000 Geerdes Blvd. King of Prussia, PA 19406 eet).4- retic `Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 1 71 04-251 6 J. 5 TONY PEARSON, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14-4270 COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, : Respondent - CERTIFICATE OF SERVICE AND NOW, August 5, 2014, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Order of Court dated August 4, 2014, upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First -Class Mail: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 Joanne Steinke Faul, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 7000 Geerdes Blvd. King of Prussia, PA 19406 SAIDIS, SULLIVAN & ROGERS 73. cn -p Esquire Attorney Id. 804 26 West High Str:et Carlisle, PA 17013 (717) 243-6222 Counsel for Tony Pearson I TONY PEARSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent CIVIL ACTION - LAW 14-4270 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 16th day of October, 2014, this being the time and place set for a License Suspension Appeal, and following a hearing in this matter, the Court finds the Defendant who was under arrest for driving under the influence of alcohol, that Trooper Black had reasonable grounds to believe that the Defendant was under the influence of alcohol and was driving, that Trooper Black requested the Defendant to submit to a blood test, that Trooper Black read the DL -26 form regarding chemical test warnings to the Defendant, and that following that reading the Defendant thereafter refused to submit to the blood test and refused to sign the DL -26 form. Accordingly, the License Suspension Appeal is hereby dismissed, and the suspension which is the basis of the appeal is reinstated. By the Court, ax Chri"stylee L. Peck, J. ZS :8 WV CZ 130'110/ ,/ llean E. Reynosa, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle PA 17013 For the Petitioner Philip M. Bricknell, Esquire Office of Chief Counsel 1101 South Front Street- 3rd Floor Harrisburg, PA 17104-2516 For the Appellee ees 01,14W., pcb