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Home My WebLink About06-0924 AMRITPAL SINGH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. CIVIL ACTION COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, Respondent NO: O&, - 9;;2lf GCJ/... '----rER..~ PETITION FOR APPEAL OF SUSPENSION OF DRIVING PRIVILEGE TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: And now, comes Andrew W. Norfleet, Esquire and the Law Firm of Metzger Wickersham, Knauss & Erb, P.C., attorneys for Petitioner, Amritpal Singh, and aver the following: I. AmritpaI Singh (hereinafter, "Petitioner") is an adult individual licensed to operate a motor vehicle in the Commonwealth of Pennsylvania. 2. Petitioner's operating license number is 28328902. 3. On or about January 21,2006, Petitioner received notice from the Commonwealth of Pennsylvania, Department of Transportation, that his driving privilege was suspended for a violation of Section 1547 of the Vehicle Code, Chemical Test Refusal. (See letter from Department of Transportation, attached hereto as Exhibit "A") 4. Petitioner believes and therefore avers that, he did not knowingly or voluntarily refuse to participate in Chemical Testing as required by Section 1547 of the Vehicle Code. 347784-1 5. Petitioner has been a resident of the United States for a short period of time and often requires a translator to understand the English language. 6. Petitioner, without the aid of a translator/interpreter, could not knowingly and/or voluntarily agree to participate in the chemical analysis test. 7. Petitioner believes and therefore avers that the notice of suspension letter issued on January 19, 2006 is an error and respectfully requests that a hearing be held on the matter. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew W. Norfleet, Attorney LD. No. 83 94 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: February I.s-, 2006 347784-1 OVR CENTRAL OFFICE Fax:717-705-9345 Jan 20 '06 9:37 P.02 COMMONWEALTH OF PENNSYLVANIA D~PARTMENT OF TRANSPORTATION. Bureau of Driver Licensing Mail Date: JANUARY 19, 2006 AMRITPAL SINGH 1205 WINDSOR RD MECHANICSBURG PA 17050 WID i 060126194818311 002 PROCESSING DATE 01/12/200b DRIVER LICENSE i 28328902 DATE OF BIRTH 10/01/1981 ~- ';". .. ,~,_."l>;'SIN"'~_._. . -,- ~----""" ~-- -.-'--' - _. -,_._-~.. - _. -, -". This.is an Offic1al No~1ce of ~he suspension of Your Driving Privilege as authorized bY Section 1547BII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 11/29/2005: < ,1' " . Your driving privilege is SUSPENDED for a per10d of 1 YEAR(S) e~fective 02/23/2006 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 02/23/2006. You may surrende~ these items befo~e, 02/23/2006, for ea~lier credit; howeve~, you may not drive afte~ these items a~e surrendered. If' , s- o YOU.MAY NOT RETAIN YOUR DRIVER'S lICENSE ~OR IDENTI~ICATION PURf!OSES. However, you milY apPlY .fo~ and obtain a photo ide~tificatian ca~d at anY Driver license Center for a cost of "$10.00. You must present two (2) forms of proper j....,,-.q't.;<FjCtltjQ~ (liiI~,S,_ ....---oob-~....---c-e-r--t-i-f-i:c1!ll_, ...tiIIl:";'J U.3.~ passport, marriage certificate. ete.) in order to obtain your photo identification card. You' will not roeee1ve cred1 ~ towa,..d seroving any suspension until we ,..ece1ve you,.. l1cense(s). Complete the following steps to acknoWledge this Suspension. 1. Return all current PennSYlVania driver's licenses, lea~ner's permits and/or came rill cards to f'ennOOT. 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. Vou must specify in your letter whY YOU are unable to return your driVer's license. Remember: Vou mal{ not retain Your drive.r's ~iccn~e ~or ida~~ificatiQn Dur~oses. Please send these items to: .. .. ';~"':'.:;:.':'::::".~,'::::'~:':':'';':''':'L'" .' ,,,,,,-,~,.:..::...:..::.;~.':.::~Jt.;:.,~.,.~-,..," ""~K~..,__._ .,.:..:.;'. OVR CENTRRL OFFICE Fax:717-705-9345 Jan 20 '06 9:37 P.03 060126194818311 ~::....::. 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 d~1VQr's licensees), learner's permitCs). and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a re~eipt from us within 3 weeks, please contact ._~u.r_.<Jffice.. ot.he-r-w-ise. y.." wi.ll-.not.-J:>e giYen-"'CT"e"di l 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 !'lust 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. :=c.;;:....".. . ''''Af'P"E'm::'' . ..- - .~..~.~_.. --. -'-"-"'- You bave th.. ri51bt to ap"..al this action to the Court of Comm;;n Pleas (Civil Division) within 50 days of the mail date, JANUARY 19, 2006. of this letter. If YOU file an appeal in the County court. the court wU.I 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 O"partment of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must rgturn a11 eurrent P~nnsYlvania driver licen~e products to PennOOT by 02/23/2006. OVR CENTRAL OFFICE D6D12~194818311 " ~, Fax:717-705-9345 Jan 20 '06 9:37 P.04 Sincerely, i;)rf..~ Janet L. Dolan, Acting Director Bureau of Diiver Licensing IN S1'ATE OUT-OF-STATE WEB SITE ADDRESS I-NF-OR'IUI T I etl 8, D II a....... t a l!:...O a I'l. m . 1-600-932-4600 TDD IN S1'ATE 717-412-5300 TDD OUT-OF-STATE www.dmv.~tate.Da.us 1-800-228-0676 717-412-5380 ,. , ';. '. .,",. --,"" ..--....-. . ...-.,...----... -.-.-".....,. ~.,'..',....',.',-..'"'' ~"''1 ,-.) ,~ -f) ----.t ~ ..,., -:::r.' ~ ~ C:: ,;'1 r;,:,':; ?CJ ~ lri -- G\ 1=- - - -- j W ~ .. --- ...t. ...? C) ""- .c: ~ ~ ~ , -r- "'l --L.. .J' ' . tJ AMRITP AL SINGH, RECEIVED FEB 17 2/XJJ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. CIVIL ACTION COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, Respondent NO: 6l.. - c;:J.f.( Ct'vL c,-~ ~J ORDER OF COURT AND NOW, this>> day of h~ 2006, upon consideration of the attached Petition for Appeal of Suspension of Driving Privilege, IT IS HEREBY ORDERED AND ~ay ofNI6 L ,2006 at DECREED that a hearing on the matter shall be he!i . 3// ~. 30 A .m. in Courtroom , Cl,unflerland County - -C.- urthouse. J. Distribution: Andrew W. Norfleet, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 }')3 -{)Le ~ /I1~A_ J* 347784-J rl~ i:J f 1 o . (,., 1 00 ;i~ c ~ ~) AMRITPAL SINGH, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : Respondent NO. 06-924 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24th day of April, 2006, the Petitioner having indicated to the Court that he wishes to withdraw his appeal, the appeal is DISMISSED. By ther\:"~ /~~~~' '. ,f' Edward E. Guido, J. ~drew W. Norfleet, Esquire For the Petitioner ~rge Kabusk, Esquire For the Respondent srs ; ~ *, '}