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Home My WebLink About05-6032 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. ()')' (I)">). CIVIL AMANDA D. STRAIGHT, Appellant NOTICE OF APPEAL OF LICENSE SUSPENSION 1. Appellant, Amanda Straight, is an adult individual whose current residence is 386 Juniata Street, New Baltimore, Pennsylvania 15553. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County, Pennsylvania. 3. By letter dated October 25, 2005, Appellee notified Appellant that her operating privileges would be suspended for a period of one (1) year, beginning on December 6, 2005. A true and correct copy is attached as Exhibit A. 4. The basis of the one (1) year suspension is an alleged violation of Section 1547 of the Vehicle Code (Chemical Test Refusal) on October 16,2005 in Cumberland County, Pennsylvania 5. This Honorable Court is granted jurisdiction in this matter pursuant to 42 Pa.C.S.A. ~933. 6. Tbe Appellant denies that she violated Section 1547 of the Vehicle Code on October 16, 2005, or on any other date. WHEREFORE, your Appellant respectfully requests This Honorable Court to set a hearing date for the above-captioned matter and reinstate Appellant's driving privilege supersedes pursuant to Pa.C.S.A. ~ 1550 (b). Respectfully submitted, Date: II )93 (er: ABOM & KUTULAKIS, L.L.P. ~ ..~~ " \ r - i f;~ eT b l Ro~ttJ. Daniels, Esquire ~omey for the Appellant Attorney LD.# 83376 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 CERTIFICATE OF SERVICE I, Emily J. Filiberti, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: 11/ 'L~! D )" Emily J. .. Lejc..) A<;'2,"<2A.(u\\- . IS (:;SG. -\--D eo kU-t- J D GU0 L Z \ ( Exhibit A FROM FRX NO. 8145231883 Nov. 21 2005 05:25PM P2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Lieensing Mail Date: NOVEMBER 01, 2005 AMANDA DAWN STRAIGHT 38b JUNIATA STREET NEW BALTIMORE PA 15553 WID. 05298b19~757325 001 PROCESSING DATE 10/25/2005 DRIVER LICENSE. 2?42?3~O DATE of BIRTH 03/15/1986 Dear MS. STRAIGHT: .---.' ,,,~--'-'-'-'-'.' .,-. ---' - This is an O~icial Notice of the suspension of your Driving Privilege as authorized bll Section 1541B11 of the Pennsylvania Vehicle Code. As a result of Your violation of Section 1541 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/16/2005: . Your driving privilege is SUSPENDED fo~ a period of 1 YEARlS) effective 12/06/2005 at 12:01 a.m. COMPLVING WITH THIS SUSPENSION You must return all current Pennsylvania driver's lieenses, learner's permits, temPQ~ary driver's licenses (camera eards) in your possession on or before 12/06/2005. You mall surrender these items before, 12/06/2005, for earlier eredit; however, 1I0U 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 p~oper identification.. (e.g.. . birth ce~tificate.. v"Ud ,_._U,LS_,.._._.____._,___. '-----Paiisp-or"f-;-niarriagecertTffea'te ;-etc'. )..- in-;;-~de~-to obtain your photo identifiCation card. You W1ll not receive cred1t toward serv1ng any suspens10n until We receive you!" licensels). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses. learner's permits andlor camera cards to PennDOT. If YOU do not have any of these items, send a sworn notarized letter stating lIou are awa~e of the suspension of You~ d~iving p~ivilege. Y.ou must specify in YOur letter why you a~e unable to retUrn your driver's licen~e.. Remember: You milY not retain you.... dr.iv@r's license for identif1cation purpo~es. Pleas@ send these items to: FAX NO. 8146231883 Nov. 21 2005 05:24PM Pi fROM ~ 0529861947sn25 Pennsylvania Department of Transportation Bureau OT Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your PennsYlvania driver's licensees), learner's permitCs), and/or a sworn notarized letter. PennDOT will send YOU a receipt conT irmin9 the da te the t credi t began. I f you do not receive a receipt from us ~ithin 3 weeks, please contact our office. Otherwise, yoU will.. not be given c~edit 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 Poli ce for prose cut ion under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PAVING 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 hine the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date. NOVEMBER 01, 2005, of this letter. If YOU file an appeal 1n the County court I the court will give you a time-stamped certified COllY of the appeal. In order for your appeal to be valid, you must send this time-stamped certified ~opy of the appeal by certified ~~., - Pennt;:,,1u--': - ~ D52986194757325 SincerelY, .i;)~~ Janet L. Dolan, Acting Director Bureau of Driver Licensing "'frCsTi'Tl~" OUT~OF-STATE WEB SITE ADDRESS INFORMATION7:.DD.a~m. .~.o 9:00 p.m. ~ ]-800-932-4600 TDD IN STATE 717-391-6190 TOO OUT-OF-STATE www.dmv.state.Pa.us _.,.. ".".,,,._,, __n,__"'."_""."___ ----.-- _., ," __.. ___ _...,_" "n..,_,','" _"..__ 1-800-228-0676 717-391-6191 ", (, y (--. C) ~ ""'" <':-'1 -n (~ "' ..., ~ \__'1 , 1.1 i" ~ r',' u:... (..J "" ,\ - Q ~ "\'...1 ~ r::; " '( .. .~ 'l,. ~ , '.1 , en ;) "l. , \N w -< ~ '--I Y ~ -:-.) '" ,:;: , . COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, Appellee \-'::;;:-';; '~,;~;;,--.- '" : I t<,f" , ~OV 2 f2. 2005 i IN THE COURT?F COMM2"N ~LEAS jY) Li I CUMBERLAND COUNTY, I E ".----,-Y ANIA~. uL... V. No. dtXJ5-:"Cf,/J{) . CNIL AMANDA D. STRAIGHT, Appellant ORDER AND NOW, this cf'- day of _~){A, 2005, upon consideration of the Appellant's Notice of Appeal, a hearing is set for the ,yi day o~, 2001., at 300 AM/PM, in Courtroom # 5, Cumberland County Courthouse, Carlisle, Pennsylvania. AND NOW, Appellee is hereby ordered to reinstate A , driving privilege Jttpemdeas pursuant to 75 Pa.C.S.A. ~1550(b) pending said hearing. J. Robert J. Daniels, Esquire 36 South Hanover Street Carlisle, P A 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 0- '{--of ~4 ~4:L '-pi;' ',,; ,,.., c..) f'_ I " '-.:_J (.''',j AMANDA D. STRAIGHT, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2005-6032 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Amanda D. Straight, O.L.N. 27427340, a notice dated November I, 2005, informing the petitioner that as a result of the petitioner's violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on October 16,2005, the petitioner's driving privilege was being suspended for a period of I year as mandated by Section 1547 of the Vehicle Code. 2. The petitioner filed an appeal of the above mentioned suspension in the Court of Common Pleas of Cumberland County. 3. A hearing in the matter is scheduled for February 13, 2006, at 3:00 p.m. m Courtroom Number 5 of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The refusal was reported to the Department of Transportation by Trooper Elmer Hertzog who at the time of arrest was stationed at the Carlisle Station, Pennsylvania State Police. 5. Troper Hetzog has been transferred and is now stationed at the Indiana Station, Pennsylvania State Police 6. The undersigned received a call on January 30, 2006, from Sergeant Sorce of the Indiana Station, Pennsylvania State Police. Sergeant Sorce indicated to the undersigned that he had just received the notice of hearing and that Trooper Hertzog is scheduled for the midnight shift for the week of the hearing. Sergeant Sorce asked if the undersigned could seek to have the hearing rescheduled in order to allow Sergeant Sorce to reschedule Trooper Hertzog and also to arrange for travel and overnight accommodations for Troper Hertzog. 7. Trooper Hertzog is a necessary witness for the Department's case. 8. The undersigned counsel respectfully requests a continuance and that the case be rescheduled for hearing. 9. The undersigned counsel contacted Robert J. Daniels, Esquire, attorney for the petitioner, and Mr. Daniels does not objection to the granting of a continuance in this matter. WHEREFORE, the Department respectfully requests that the Department's Motion for Continuance be granted and that the aforesaid hearing be continued and rescheduled. Respectfully submitted, /~~( George H. abusk, Esquire - Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 Date: January 31,2006 AMANDA D. STRAIGHT, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2005-6032 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verifY that the statements made in the Motion for Continuance are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. .P~{~{6u(c George H. abusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: January 3 1,2006 AMANDA D. STRAIGHT, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2005-6032 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Robert J. Daniels, Esquire 36 South Hanover Street Carlisle, PA 17013 &".~ r~{C George . K usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: January 31, 2006 (2- (;. ~ ~:~:') cY' '- ~ <..~ ..- (;;. q, ~-n (\'C :\~q ;l~~ '::::~~ -"'c? "0 ::<. "':::1> ~,~ -~ -- .- r-' ....J ) AMANDA D. STRAIGHT, PETITIONER IN THE COURT OF COMMON PLEAS C; CUMBERLAND COUNTY, PENNSYLVANIA v. 2005-6032 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER fr AND NOW, this 31 ~ day of ~ ,2006, upon consideration of the Department's Motion to Contmue, the otlOn IS hereby granted, and the Matter is Continued and rescheduled for hearing on the d 0'11) day of ~ J , at 1,'$ ..p-.m. in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT \ 't (~d ~ \ \. \ J. DISTRIBUTION: J George H. Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, P A 17104-2516 .Aohert J. Dmi~ire, 36 South Hm"~ S_ O>di,l, P A 170D ~?oto V \. ( O\.?J ,.::~Jcl ""I'()C) -'.',',!: !v \1"['-"', -I, ,~; I'..' LS :Z Wd IS NtT 9GOZ A'W\1i "': 'r'.'J ' ,",r':d ;]'Hl '0 uV..t.l';\vr ;,.lV,-, ..II .:1 3JU:iO-G31l:! AMANDA D. STRAIGHT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 2005-6032 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 20th day of March, 2006, after hearing, the record in the case being closed, the parties are directed to file findings of fact and proposed conclusions of law on or before the close of business on April 3rd, 2006. By the Court, \k M. L. Ebert, Jr., J ~obert J. Daniels, Esquire For the Petitioner ~orge H. Kabusk, Esquire For the Respondent :lfh ~ _" r 00:b ":I2 iJVH 9JnZ If', ::\'1 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, APPELLEE V. AMANDA D. STRAIGHT, APPELLANT : 2005-6032 CIVIL ORDER OF COURT AND NOW, this 30th day of March, 2006, upon consideration of the Memorandum submitted by Appellee, and the concurrence of Appellant, Appellant's License Suspension Appeal is SUSTAINED, and any suspension of Appellant's driving privilege based on this case is vacated. By the Court, ''"l v .'~~ M. L. Ebert, Jr., Robert J. Daniels, Esquire - 0~Jv Attorney for Appellant ~\ \ ~~O \p George Kabusk, Esquire 3~ofop /J..j\ Attorney for Appellee DJ J. bas j)~ ~~ ..}o ~ V (j.. ~~ ,Ii 'n:) ~",; r.; ;'.",1, '",1,) C' .," r! L....ur:n.7 ... ' ,;;: ~;\\ ~V