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Home My WebLink About04-3387CHRISTOPHER LEE LIGHTNER, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- o~2 ~'"'1 CIVIL ACTION-LAW APPEAL APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW, comes Petitioner above named by his attomeys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and prays Your Honorable Court to stay the enforcement o fa suspension of his operator's license pursuant to 75 Pa. C.S.A. §1550, as amended by the Act of 1978, April 28, P.L. 202, No. 53, and in support thereof avers as follows: 1. Petitioner is Christopher Lee Lightnet, a minor residing at 9 Oak Flat Road, Newville, PA, 17241, with his parent or guardian and possesses Pennsylvania driver's license number 27603950. 2. At all time pertinent hereto, Petitioner has had a valid driver's license in Pennsylvania. 3. On June 3, 2004, Petitioner was convicted of violating 75 Pa. C.S.A. § l 512, Violation of Restriction. On June 14, 2004, Petitioner received an Official Notice of Suspension of his driving privileges. 5. As a result of said Official Notice of Suspension, Petitioner is required to surrender his driver's license on or before July 19, 2004. 6. Petitioner is appealing his said conviction and requests Your Honorable Court to stay the suspension of his license during the appeal. 7. Respondent has notified Petitioner that it will continue his suspension for a period of ninety (90) days. A copy of said notice is attached hereto and marked as Exhibit "A." WHEREFORE, Petitioner prays Your Honorable Court to stay the enforcement of such suspension and to fix a hearing for the purposes of determining whether the suspension should be enforced. MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 13, 2004 COHHONNEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Hail Date: JUNE lq, ZOOq CHRISTOPHER LEE LIGHTNER 9 OAK FLAT ROAD NEWVILLE PA 17241 WID H 041599283112525 001 PROCESSING DATE 06/07/2004 DRIVER LICENSE t 27603950 DATE OF BIRTH 09/17/1986 Dear HR. LIGHTNER= This is an O~flctel Notice of the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 06/05/200~ conviction of violating Section 1512 of the Vehicle Code, VIOLATION OF RESTRICTION, on 05/22/200~= Your driving privilege is SUSPENDED for a period of 90 DAY(S) effective 07//9/2004 at /2:0/ a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter far CONPLYING NITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should ~ollo~ ALL tnetructlons very carefully. Even if you have served sll the time on the suspension/revocation, ~e cannot restore your drlving p~tv- liege until all the requirements are satisfied. CONPLYING NITH 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 07/19/200q. You may surrender these items before, 07/19/200~, for earlier credit; however, you may not drive after these items are surrendered. YOU HAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZPZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00o You must present two (2) forms of proper iden- tification (e.g., birth certiflcate, va/id U.S. passport, marriage certiflcate, etc.) in order to obtain your photo identification card. You will not pecelve c~edlt toward se~vlng any suspension until ~e recelve youP license(s). Complete the following steps to acknow/edge this suspension. 011599285112525 1, Return all current Pennsylvania driver's 11censes~ learner~s permits and/or camera cards to PennDOTo you do not have any of these items, send a sworn nota- rized 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= 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/ar a sworn notarized letter, PennDOT wi1! send you a receipt con- firming the date that credit began. If you do not re- ceive 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 af this letter. 3. If you do not return all current driver license pro- ducts~ we must refer this matter ta the Pennsylvania State Police for prosecution under SECTION 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. Follow the payment and mailing instructions on the back of the application. 0~1599285112525 PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we w/Il send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what w/ll be needed /f you do not own a vehic/e registered in Pennsylvania. ZMPORTANT: Please make sure that PennDOT /s notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (C/vi1 D/v/sion) within 50 days of the ma/1 date, JUNE lq, 200~, of this letter. Zf you file an a~eal in the County Court, the CouPt ~111 glve You a time-stamped cePtl~led ¢o~y of the a~peal. In order for your appeal to be val/d, you must send this t/me-stamped certified copy of the appeal by cert/fied mail Pennsylvania Department of Transportation Office of Ch/el Counsel Th/rd Floor, Riverfront Office Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return a11 current Pennsylvania driver license products to PennDOT by 07/19/200q. Sincerely, Rebecca L. Bickiey, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA I7106-8695 [NFORNATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AN TO 9:00 PN) 1-800-952-q600 717-391-6190 1-800-228-0676 717-591-6191 VERIFICATION The foregoing Appeal is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Appeal is that of counsel and not my own. ! have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the eontect of the Appeal is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subj eot to the penalties o f 18 Pa. C.S. §4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Emily M. McMullin, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Appeal was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: MARTSON DEARDORFF WILLIAMS & OTTO Emily(M ' ~I CT en E a-St~rlighM~; C~lisle, PA 17013 (717) 243-3341 Dated: JUL '20O4 CHRISTOPHER LEE LIGHTNER, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC sAFETY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ~3~ CIVIL ACTION-LAW APPEAL ORDER OF COURT AND NOW, this ~_ day o~, 2004, upon consideration of the attached DEARDORFF, WILLIAMS, & OTTO, attorneys for Appeal and on motion of MARTSON' ~ Petitioner, a heating on this matter is set for the [lay of ~ 2004 at ~},~ ~o,clock, ~_~_.m. in CourtroomNo' ~, ofthe Cumberland County Courth°use' The . further order of this Court. on June 14, 2004 ~~ suspension issued by Respondent ~~ % /,i:h'iOh!CIH!O~d ~HZ qO 3Oh!:~O-(]']'lld CHRISTOPHER LEE LIGHTNER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA COMMONWEALTH OF DEPARTMENT : pENNSYLVANIA, BUREAU : OF TRANSPORTATION, : APPEAL OF TRAFFIC SAFETY, Respondent : pRAECIPE TO DISCONTINUE NO. 04-3387 CIVIL ACTION-LAW TO TIlE PROTHONOTARY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 23, 2004 CERTIFICATE OF SERVICE_ I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: George H. Kabusk, Esquire Department of Transportation 1101 S. Front Street 3rd Floor Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO ~hristopher E. Rice, Esqu' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 23, 2004