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Home My WebLink About11-0362FfL ED-OF - i" 18 i BRUCE K. MASHTARE, B E R L r N +:.: IE COURT OF COMMON PLEAS OF Appellant "CUMBERLAND COUNTY, PENNSYLVANIA V. NO. i i, . COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee APPF,AL OF OPERATOR'S LICENSE S1JSPF.NS10N AND NOW comes the Appellant, Bruce K. Mashtare, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant, Bruce K. Mashtare, resides at 1901 Sterretts Gap Avenue, Carlisle, Pennsylvania, 17013 and previously resided at 4730 Spring Road, Shermans Dale, Pennsylvania 17090. 2. Appellant was arrested for DUI on November 25, 2010. 3. Appellant has been accused of refusing to submit to a chemical test and was given an Office Notice of Suspension, mailed December 17, 2010, see Exhibit A, Official Notice of Suspension. 4. Appellant denies he refused to submit to a chemical test. 5. Appellant submits the police officer lacked a reasonable suspicion to believe Appellant was under the influence of alcohol. 6. Appellant did not exhibit signs of intoxication. 7. Appellant's actions did not constitute a refusal to submit a chemical test. 8. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of his license until a hearing has been held. P4 -i% -m ?d( /4' , ?? /37! WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a supersedeas of any suspension until this matter is resolved regarding the underlying conviction of Section 1547B111. Date: 8 k k Respectfully submitted, Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 'Tel. (717) 763-1800 BRUCE K. MASHTARE, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee : I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Bruce K. Mashtare, hereby verifies and states that: 1 I am the attorney for Appellant, Bruce K. Mashtare; 2. I am authorized to make this verification on my client's behalf, 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief, and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date: B Respectfully, submitted, Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 17, 2010 BRUCE K MASHTARE WID * 103446123594505 001 4730 SPRING RD PROCESSING DATE 1211012010 DRIVER LICENSE # 18807171 SHERMANS DALE PA 17090 DATE OF BIRTH 04/13/1957 Dear MR. MASHTARE: 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 11/25/2010: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 01/21/2011 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 01/21/2011. You may surrender these items before, 01/21/2011, 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 $12.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in rrder 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 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 103446123594505 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 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 of this letter. 3. If you do not return all current driver license pro- ducts, 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. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 17, 2010, 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 certi- fied 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 103446123594505 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 01/21/2011. Sincerely, 9?x ?-- Z g 0')r) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us BRUCE K. MASHTARE, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: ' a t Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 I BRUCE K. MASHTARE, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ! f- 3C ?o` v? I COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension MEU c_.? :Zrn x- BUREAU OF DRIVER LICENSING, =;0 = ? Appellee .` "?n cac >O ?-rJ ORDER OF COURT AND NOW this V-t4 day of 2011, upon consideration of -gR i the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be ltda regarding this matter at on the day of at 10 ' 30 a.m. . in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that BY THE COURT: this honorable court resolves this appeal. Mstrihutinn: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 BRUCE K. MASHTARE, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUN'T'Y, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. I1-362 CIVIL COMMONWEALTH OF PA., DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER AND NOW, this I `' day of February, 2011, hearing in the above-captioned matter set for May 26, 2011, is rescheduled for Thursday, May 5, 2011, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ess, P. J. Patrick F. Lauer, Jr., Esquire For the Appellant ( J Mai P,Q? ? Philip Bricknell, Esquire ?? m For PennDOT a'' V X;o vn ern Zr- n1.. ? c•a :rlm --_ ?, 01