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Home My WebLink About14-6373S E C T I 0 N A S E C T I 0 N Supreme Court of Pennsylvania Court of Common Pleas Civil:.. CoverSheet County For Prothonotary Use Only: Docket No: /1 —6372 es, , The information collected on this"Orin is used solely. for court achninistration 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 Plaintiff s Name: r Ail c I�/e i5•4 c✓y' f —1j vTz )-t!' Lead Defendant's Name: Ifp)- e. Tries, _L w. ei - Are money damages requested? ❑ Yes ZriNO Dollar Amount Requested: III arbitration limits (check one) • outside arbitration limits Is this a Class Action Suit? ❑ Yes tl No Is this an MAT Appeal? ■ Yes CpNo Name of Plaintiff/Appellant's Attorney: l ' 0 it A7 le./ , £S, a Self -Represented [Pro Se( Litigant) ■ Check here if you have no attorney (are 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute O Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies O Board of Assessment ❑ Board of Elections „i -Dept. of Transportation Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 17 WEST SOUTH STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 t t\U 1 flONO iAi"i ! 20!ti NOV -3 P11 I: LSO CUMBERLAND COUNTY PENNSYLVANIA Aric Weishaar Hertzler, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : No. 14- : LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1) AND NOW comes the Appellant, Aric Weishaar Hertzler, by and through his attorney, Mark F. Bayley, Esquire, and avers as follows: 1. Appellant resides at 15 Sipe Road, Carlisle, PA 17015. 2. Appellant received notice from the Commonwealth of Pennsylvania Department of Transportation, mailed October 24, 2014, stating that as a result of his alleged violation of Section 1547 of the Vehicle Code (Chemical Test Refusal) on October 11, 2014, his driving privilege was being suspended for a period of 18 months, effective November 28, 2014, at 12:01 rrs.`.7 pd I c#02/ 12,/3/ 2qs-/ a.m. A copy is attached hereto as Exhibit "A". 3. Suspension is improper in that (a) The required implied consent warnings were inadequately provided; (b) Appellant did not intend to refuse testing; (c) 75 Pa.C.S. 1547 is unconstitutional based upon, including but not limited to, the Fifth and Sixth Amendments of the United States Constitution; and (d) For other reasons to be determined after testimony is taken at a hearing. 4. A supersedeas pending the disposition of the within appeal is appropriate pursuant to Vehicle Code Section 1550(b)(1). WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter, to grant a Supersedeas pursuant to the Vehicle Code, and to enter the attached order. L H- ig Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, • uire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Aric Weishaar Hertzler, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : No. 14- : LICENSE SUSPENSION APPEAL VERIFICATION Mark F. Bayley, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: H4Mark F. Bayley, Esquire l COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2014 ARIC WEISHAAR HERTZLER 11 S PITT ST APT S CARLISLE PA 17013 Dear MR. HERTZLER: WID a 142906249096623 001 PROCESSING DATE 10/17/2014 DRIVER LICENSE • 27939517 DATE OF BIRTH 07/22/1987 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547811I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Cade, CHEMICAL TEST REFUSAL, on 10/11/2014: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/28/2014 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 11/28/2014. You may surrender these items before, 11/28/2014, 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 two (2) forms of proper certificate, valid U.S. etc.) in order to obtain of 627.50. 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: TO 39bd ALL-STATE EGAL®■ EXHIBIT bt996bbZ0£ tZ:Zt btOZ/t£/0t 142906249096623 Pennsylvania Department of Transportation Bureau of Driver Licensing P.Q. 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 the applicable restoration fee, payment can be made at anytime online a www.dmv.state.pa.us or mailed to the address listed below. Please include your driver number on your check, money order or correspondence. Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 The Restoration Fee is based on the Consumer Price Index and subject to change. For the current restoration fee amount due, please visit PennDOT's website at www.dmv.state.pa.us to obtain a copy of your restoration requirements letter. If you do not have internet access, please call PennDOT's Customer Care Center at 1-800-932-4600 to request a copy of your restoration requirements letter. 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". Z0 39Vd bt956biZoE tZ:Zt btOZ/tE/0t 142906249096623 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 24, 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 11/28/2014. 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 60 3910d bt996bt686 tZ:Zi btG6/t6/0t Aric Weishaar Hertzler, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14 - COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ( Mark F. Bayley, Esquire Aric Weishaar Hertzler, : IN THE COURT OF COMMON PLEAS OF Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : CUMBERLAND COUNTY, PENNSYLVANIA : No. 14- 6373 ant-. -E7;7 : LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 4 day of C) mW1"71CC) r SCD cp / , upon consideran APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR C,) a CD o4 this ' SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1), it is Ordered that a hearing on the matter shall be held on the v2 (% day of 4/1"4 -y - a..0/5 , at /:30 o'clock p m. in Courtroom No. 11 of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that the appeal is resolved. By the Court: 4stribution: PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 /Mark F. Bayley, Esquire '-o (a2. lL