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Home My WebLink About14-6026IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMONWEALTH OF PENNSYLVANIA ) NO. iy- 4049 no,c-retri DEPARTMENT OF TRANSPORTATION vs. ) APPEAL FROM DRIVER'S ) LICENSE SUSPENSION WILLIAM S. DIBERARDINE ) PETITION FOR APPEAL FROM ORDER OF THE DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATORS LICENSE TO THE HONORABLE JUDGES OF SAID COURT: 1 Your Petitioner, William S. Diberardine, is an individual residing at 37 Brian Drive, Carlisle, PA 17013. 2. Petitioner is duly licensed to operate motorvehicles in the Commonwealth of Pennsylvania. Operator's License No.14864326. 3 On or about September 15, 2014, Petitioner allegedly received a Notice from the Pennsylvania Department of Transportation notifying him that his present operator's license was suspended for a period of twelve (12) months effective October, 17, 2014. A true and correct copy of said notice is attached hereto, made a part hereof and marked as Exhibit "A". 4. Said suspension arises out of the Petitioner's alleged conviction of Section 1547 of the Vehicle Code, Chemical Test Refusal. 5. The Notice of Suspension dated September 12, 2014, is insufficient as a matter of law and violates due process under the Pennsylvania and the United States Constitutions. 6. Said suspension is not supported by the evidence and is erroneous as a matter of law. 7. Said suspension is contrary to law. 8. Said suspension should be automatically stayed upon the filing of this petition and upon timely notice to the Department of Transportation. fib 7.5-ct atSL.913 R2t (07 WHEREFORE, you Petitioner respectfully requests that this appeal be granted and, in the interim, that this Honorable Court enter a say of the suspension of Petitioner's operating privileges pending this appeal. Date: (i4 R ect su fitted: Paul Bradford Orr, Esquire Attorney for Petitioner ID No. 71786 50 East High Street Carlisle, PA 17013 (717) 258-8558 COMMONWE DEPART Burea Mail Da WILLIAM S DIBERARDINE 37 BRIAN DR CARLISLE PA 17013 Dear MR. DIBERARDINE: TH OF PENNS NT OF TRANSP /ATIO of Driver Licensing SEPTEMBER 12, 2014 42486032146291 001 #1.- v PROCESSING DATE 09/05/2014 DRIVER LICENSE * 14864326 DATE OF BIRTH 09/14/1950 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 08/29/2014: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/17/2014 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvan dr learner's permits, temporary drive cards) in your possession on or befo surrender these items before, 10 credit; however, you may not drive a surrendered. s licenses e 10/17/2014. 17/2014, for icenses, (camera u may arlier items are 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 two (2) forms of proper certificate, valid U.S. etc.) in order to obtain of S27.50. You must present identification (e.g., birth passport, marriage certificate, 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: 142486032146291 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". 142486032146291 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 12, 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 10/17/2014. 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 ATTORNEY VERIFICATION I, Paul Bradford Orr, Esquire, and Attorney for Petitioner verify that the statements made herein are true and correct to the best of my knowledge, and are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Date: Paul Bradford Orr, Esquire Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION vs. WILLIAM S. DIBERARDINE NO. APPEAL FROM DRIVER'S LICENSE SUSPENSION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petition and Order have been served upon the Commonwealth of Pennsylvania Department of Transportation by certified mail, return receipt requested at the below address: PA Department of Transportation Office of Chief Counsel 1101 South Front Street Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Paul Bradford Orr, Esquire Attorney for Petitioner V I � �tT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION ) NO. N vs. ) APPEAL FROM DRIVER'S LICENSE WILLIAM S. DIBERADINE ) SUSPENSION ORDER AND NOW, this /qt* day of �i /1� , 2014, upon consideration of the foregoing Petition for Appeal from the Order of the Department of Transportation, suspending the Petitioner's Operating Privileges, and on the motion of the Petitioner, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of operating privileges. This Appeal shall act as a supersedeas of the suspension Order, unless this suspension falls under 75 Pa.C.S.A. § 1550(b). A hearing is fixed for the ?04 day of ,,u , 20 ,1-5 , in Courtroom at 1; 3 0 A;Pvf./P.M at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. BY THE COURT: IL Distribution: Paul Bradford Orr, Esquire v Attorney for Petitioner Pennsylvania Department of Transportation yz—p o C�,, Office of Chief Counsel