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Home My WebLink About05-4870 DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ()$" - 4JI70 euJ.->~92-.~ DEBRA L. STAUFFER, Appellant : APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Debra L. Stauffer, by and through her attorney, Robert L. O'Brien, Esquire, who files the following petition: 1. Debra L. Stauffer is an adult individual currently residing at 133 West Locust Street, Apartment 203, Mechanicsburg, Cumberland County, Pennsylvania 17055-6361. 2. On August 30,2005, Pennsylvania Department of Transportation sent to Appellant a Notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in her possession. 4. Appellant received her Notice of Suspension as authorized by section 1547(b)(1 )(11) for an alleged chemical test refusal on July 29,2005. 5. Appellant, due to her physical limitations was unable to produce a sufficient volume of air to operate the breathalyzer. 6. Appellant volunteered to give a blood sample, but the police officer refused. WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the matter of Appellant's license suspension and immediately stay the imposition of her license suspension pending the result of said hearing. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: September l"f ,2005 ~J..P^ Robert L. O'Brien, Esquire Attorney for Plaintiff /.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Petition For Appeal of License Suspension are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsifications to authorities. DATE: DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. DEBRA L. STAUFFER, Appellant : APPEAL FROM LICENSE SUSPENSION CERTIFICA TE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: September 2el ,2005 ~~, Robert L. O'Brien, Esquire See flr.,-'!:: 1 1 . ,~ .., ,I. " I ':',',:';,,i ~ '. ", ~ I:' e ? , 6',,! ,f~ .J ' 3 7 9 3 P. 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licen~ing Mail Date, AUGUST 30, 2005 - DEBRA L STAUFFER 133 W LOCUST ST APT 203 MECHANICSBURG PA 17055 WID t 052356117658418 001 PROCESSING DATE 06/23/2005 DRIVER LICENSE. 17376373 DATE OF BIRTH 06/10/1956 Dear MS. STAUFFER: Thi~ i~ an O~~icial Notice o~ the Suspension of Your Driving Privilege as authorized by Section l547BlI of the Pennsylvania Vehicle Code. As a result of yoUr violation of Section 1547 of the Vehicle Code. CHEMICAL TEST REFUSAL, on 07/29/2005, · Your driving privilege is SUSPENDED for- a per-iod of 1 YEAR(S) effective 10/04/2005 at 12:01 a,m. COMPLYING WITH THIS SUSPENSION You must return all current PennsYlvania driver's licenses, learner's Permits, temporary driver'~ licenses (camera cards) in your possession on or before 10/04/2005. You may surrender these items before, 10/04/2005. 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 10,00, You must present two (2) forms of ProPer identification (e,g" birth certificate. valid U.S, pa~~port. marriage certificate. etc,) in order to obtain your photo identification card. You will not r-eceive cr-edit toward SerVing any suspension unt11 we rece1ve your 11cense(sJ, Complete the fOllOWing steps to aCknOWledge thi~ ~uspen~ion. I, Return all current PennSYlvania driver's licenses, learner's permits and/or camera card~ 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 r s license for identification purposes. Please send these items to: Sec. 2, 2CC5 l' :27AV e!s:J~~ ~eTrC, eu~ No.3793 052356117658418 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 licensees). 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 3 weeks. please contact our office. Otherwise, YOU will not be given credit toward serving this Suspension. PennDOl Phone numoers 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, APPEAL You have the right to apPeal this action to the Court of COmmon Pleas (Civil Division) within 30 days of the mail date. AUGUST 30. 2005. of this letter, If YOU file an appeal in the County Cou~tJ the Cou~t will give yOU a time-stamped ce~t1f1ed 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 O~~ICIAl NOTICE O~ SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 10/04/2005, p, 3 S.os, srr!:: .:.' '- '.' 'j '~ : 2 i,~ t.,': S-:"'!2 ~et((Ile'H f!c 3793 D 4 052356117658418 Sincerely, .bK~ Janet L. Dolan, Acting Director Bureau of Driver Licensing INFORMATION 7:00 a,m, to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us ~ ~ 'n \:;) tv --...[J - rJ t -t V) ...0 "\;} ~ U) .1/1 V( D -u p:: =2- ~ () ~~; ".".. ~..1I_J..' IT'C' ";7; ~~ ~,~- .~-t'l >~~ ~~l .-( ,..., = = <J> V> fT1 --0 ~ :?~ ~P;!~I~ {'\, :0 '-. \..0 0 ...J......J: =--t:Ti -0 (:J JJ ::t:: ~z: ?ri 8 'Jc:~ .:0 -< ~ N o ~ C'::\. "\ \"'-<"-" rl-- jRECEIVED SEP 20 Z005 DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. OS- - 4110 e~dJ 't-'iIUJ DEBRA L. STAUFFER, Appellant : APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this ~lu~ day of -f~h!'l'l.~ ,2005, upon presentation and consideration of the within Petition For Appeal From License Suspension, a hearing is set for the 6 ~ day of ~ ,2005, at B,))l) o'clock f.m. in Courtroom No. d- of the Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of this appeal hearing. By the COurt, /4 '~' ~J. ~ o9-jJ, ..(H cc: Robert L. O'Brien, Esquire Pennsylvania Department of Transportation, Office of Chief Counsel FILED-OffiCE OF TH~t:: POilT!-"" IrJ-1 ARv \,., """",,'\:- ',', znos SEP 26 M'lIO: 16 Cr p ,'-', :' '''(,. '.>~I , !~\j'r",'"; , ; '01\" \- ...... I' ....... . . "'~ .~" 't! I PF'i'.! ,\,::)'{f.:j/i\!J~. !I . DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA, :NO. 2005-4870 CIVIL TERM DEBRA L. STAUFFER, Appellant :APPEAL FROM LICENSE SUSPENSION MOTION FOR CONTINUANCE 1. Movant is Robert L. O'Brien, Esquire, attorney for Debra L. Stauffer, the Appellant in the above-captioned action. 2. Ms. Stauffer is seeking a medical opinion to determine whether or not she was physicallly incapable of providing a breath sample that was unrelated to the ingestion of alcohol or drugs. Ms. Stauffer has consulted with her family physician and has received a referral to a pulmonologist. 3. Movant respectfully requests that the Court continue the hearing set for December 5, 2005 at 2:30 p.m. until February of 2006, so as to allow Ms. Stauffer sufficient time to determine whether she was physically incapable of performing a breath test. Respectfully submitted, O'BRIEN, BARIC & SCHERER I By'-- ~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 f'<i <-::..::J (') ;~~~~ . \ I --..) C" f.n --J . . COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING V, DEBRA L. STAUFFER AND NOW, this '2-') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-4870 CIVIL TERM ORDER OF COURT day of November, 2005, the hearing scheduled for December 5, 2005, is cancelled and rescheduled and reassigned in Courtroom No, 5, for Monday, February 6, 2006, at 1 :30 p.m. J<leorge H, Kabusk, Esquire Office of Chief Counsel Vehicle & Traffic Law Division 1101 S. Front Street Harrisburg, PA 17104-2516 /'. "Robert L. O'Brien, Esquire , For Debra L. Stauffer ~ :sal By the,~ Cf__;;J \ \ .1--LQ' i:."j c', c-:-:.\ C.., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DEBRA L. STAUFFER 05-4870 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of November, 2005, the hearing scheduled for February 6,2006, is cancelled and rescheduled for Monday, February 13, 2006, at 1 :30 p.m., in Courtroom Number 5. By the court,I.;) /' /'/ " ,- / ,/ ee ~orge H, Kabusk, Esquire Office of Chief Counsel Vehicle & Traffic Law Division 1101 S, Front Street Harrisburg, PA 17104-2516 \ ~obert L. O'Brien, Esquire For Debra L. Stauffer ~ :sal ri; ti Ip;:/ /- 0,)ihl'nl'~u I .. "" " f , Ai!. ''^t",::f.'''((>; ,. J.- ,.. ,', "~I j'i>jl COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION,' BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4870 CIVIL TERM V. APPEAL FROM LICENSE SUSPENSION DEBRA L. STAUFFER IN RE: PPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 13th day of February, 2006, after de novo hearing, the ourt finds that the Department of Transportation has sustained its burden of proof by a preponderance of t e evidence and, accordingly, the petitioner's appeal of license uspension is denied. By the Court, M ~,~,,~,~ 104-2516 )-/4-{)(P C~ "'L1,A..JJ..A... George H. Kabusk, Office of Chief Co Vehicle & Traffic 1101 S. Front St. Harrisburg, Pa. 1 squire nsel aw Oivisio Robert L. O'Brien, Esquire For Debra L. Stauf er :mtf ~i.J iJ " , , oJ ;.. I (. J ') ,