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HomeMy WebLinkAbout14-5948O IA S E C T I 0 N ennsylvania leas Vt County For Prothonotary Use Only: 1)-4,1, CS'T I) No: /Y -.5�z18 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the lin and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition R Declaration of Taking X Complaint Writ of Summons Transfer from Another Jurisdiction Least Plainti s Name: mto, C, Sul (tom Lead Defendant's Name: (�� n� -�-f� a-� V iFf No Dollar Amount Requested: (check one) II within arbitration limits Are money damages requested? 0 Yes 1• outside arbitration limits pitiNo Is this an MDJAppeal? 0 Yes No Is this a Class Action Suit? U Yes Name of Plaintiff/Appellant's Attorney: ] war -0 ,, ,C1J- � attorney (are a SelRepresented [Pro Se] Litigant) Check here if you have no 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 ® 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 Legal ® Medical ® Other Professional: R CONTRACT (do not include Judgments) O Buyer Plaintiff ▪ Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other 0 Other: REAL PROPERTY ▪ Ejectment O Eminent Domain/Condemnation El Ground Rent Landlord/ Tenant Dispute ® Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial ® Partition Quiet Title ® Other: 111 CIVIL APPEALS Administrative Agencies Board of Assessment O Board of Elections ept. of Transportation Statutory Appeal: Other O Zoning Board © Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration ID Declaratory Judgment • Mandamus of Non -Domestic Relations Restraining Order ® Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 H 201[1.0CT Pi1.12: CUMBERLAND COUrJI PENNSYLVANIA MATTHEW C. SULLIVAN : 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. P4 139118 Cu:C., sean.„7 LICENSE SUSPENSION APPEAL AND NOW, comes Matthew C. Sullivan, hereinafter Petitioner, by and through his attorneys, Wagner & Spreha, who respectfully represent: 1. Your Petitioner, Matthew C. Sullivan, is an adult individual residing at 2 Patricia Drive, Enola, 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 September 10, 2014, the Petitioner received an official notice of suspension from the Department of Transportation indicating that his privilege to drive a motor vehicle would be suspended for 1 year as a result of a violation of 75 Pa.C.S.A. §1547, chemical test refusal. (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 was not provided an adequate opportunity to submit to chemical testing; b. The Petitioner was not put on notice of the consequences for a refusal of chemical testing; and c. The Petitioner did not knowingly, intelligently or voluntarily refuse chemical testing. WHEREFORE, for the reasons stated above, your petitioner prays your Honorable Court to hold hearing to determine the validity of the suspension outlined in Exhibit A. ows. 7s-cLii-14)1 c4 -1E. /ssif Respectfully submitted, WAGNER & SPREHA Eddy F. Spre 1 , r., Attorney ID No. 78661 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 61' - 30 - Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 10, 2014 MATTHEW C SULLIVAN 2 PATRICIA DR ENOLA PA 17025 Dear MR. SULLIVAN: WID t. 142466075141119 001 PROCESSING DATE 09/03/2014 DRIVER LICENSE # 23234521 DATE OF BIRTH 03/15/1974 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 08/28/2014: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/15/2014 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 10/15/2014. You may surrender these items before, 10/15/2014, 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 t27.50. You must present two (2) forms of proper identification (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 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: 142466075141119 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review. and acceptance o.f. 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".. 142466075141119 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 10, 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 1101 South Front Street 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 10/15/2014. 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 1-800-228-06-76 717-412-5380 MATTHEW C. SULLIVAN : 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. Pi 59,18 1;,,t'LL7-62...16-, ORDER AND NOW, this qday of aetihA) , 2014, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the oVIS-day of .1t1A-Li.11.415( , 20/5 , at /40 o'clock in Courtroom 4/ , 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: "ward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 ennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ies rl2iiEct- c)139/iy