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Home My WebLink About07-6907JEFFREY ALBERT LORD, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee LICENSE -SUSPENSION APPEAL AND NOW, comes Jeffrey A. Lord, hereinafter Appellant, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. The Appellant is an adult individual residing at 4412 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 2. Appellee, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 17, 2007, the Appellant received an Official Notice of Suspension from the Department of Transportation, indicating that his license will be suspended for a period of eighteen months as a result of an alleged chemical test refusal under 75 Pa.C.S.A. §1547. (See Exhibit A). 4. Appellant believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. There were no reasonable grounds to believe that your Appellant was operating a motor vehicle under the influence of alcohol; b. There was no valid request to take a chemical test; C. There was no valid opportunity to take a chemical test; There was no valid refusal to take a chemical test; e. Your Appellant was not properly advised of any rights or was misled concerning any rights and/or consequences of any alleged refusal; f. There was no conscious knowing and/or intelligent refusal; and g. Your Appellant did not refuse in such a way that would authorize a license suspension. WHEREFORE, the Appellant respectfully requests this Honorable Court to schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edward F. re , Jr., Esq. Attorney No. 8661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: I !. /3- 0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 17, 2007 JEFFREY ALBERT LORD 4412 GETTYSBURG RD APT # 6 CAMP HILL PA 17011 Dear MR. LORD: WID # 072836187070330 001 PROCESSING DATE 10/10/2007 DRIVER LICENSE # 27553419 DATE OF BIRTH 04/05/1984 This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/26/2007: Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/21/2007 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, l,earner's permits, temporary driver's licenses (camera cards) in your possession on or before 11/21/2007. You may surrender these items before, 11/21/2007, 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. passport, marriage certificate, etc.) in order to'obtain 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: cxh b.-i R 072836187070330 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 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. 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 17,' 2007, 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 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 11/21/2007. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ul-c- 1 X C? rin X' ? fS V-41 OD O d P? c.n r? r? V PA 4 NOV Y 62007 JEFFREY ALBERT LORD, IN THE COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee NO. 0 7 - 407 ? LICENSE SUSPENSION APPEAL ORDER AND NOW, thisA day of , 2007, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the day of , 200& :00 o'clock in Courtroom, Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Appellant's attorney at least sixty days prior to the date of the hearing. Distribution: rd F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 ,--?ennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, DA 17104.2516 J 05 ` { T y ? ' `1 ?"/ 4 (`j JEFFREY ALBERT LORD, Appellant V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6907 Civil Term LICENSE SUSPENSION APPEAL ORDER AND NOW, this 13" day of February, 2008, it is hereby ordered and decreed that the Appellant's hearing is continued to the w? day of 2e, at o'clock in Courtroom j , ?-- - Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 qua cr% ?: ?? .ter i? uj ? ?y Z.- Lt- p N JEFFREY ALBERT LORD, Appellant V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6907 CIVIL TERM LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Appellant. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN 8y Edwar F. Spreha, Jr., Esquire Attorney I.D. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: /4, 3- 6 No cf: W ?. ? N - C