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Home My WebLink About11-5478WILLIAM M. WITTER, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?? .No. I I- 5u19 b VA A rna APPEAL OF OPERATOR'S LICE SUSPENSION <a =o APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE ---+ 'C. Pte? r- r rn AND NOW, comes the Appellant, William M. Witter, by and through his attorney, Marlin L. Markley, Jr., respectfully avers the following: 1. Appellant resides at 67 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 2. Appellant received a Notice dated June 10, 2011, that as a result of his alleged violation of Vehicle Code Section 1547 Chemical Test Refusal on May 13, 2011, his driving c? rn -am C) --ic? rTt -i' privileges were being suspended for a period of eighteen (18) months, effective suspension date July 15, 2011, at 12:01 a.m. 3. Appellant submits that the police officer lacked a reasonable basis to request Appellant tosubmit to a chemical test. 4. Appellant submits that he did not knowingly or consciously refuse to submit to chemical testing. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Date: July 5, 2011 Respectfully Marlin L. Nfi 3920 Market Camp Hill, P ID# 84745 i j/, Jr., Esq. ;et, Suite 303 ;ylvania 17011 (717) 635-9538 OL 00. P ? ju01 Q1 yW WILLIAM M. WITTER, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee ATTORNEY VERIFICATION The undersigned, Marlin L. Markley, Esquire, hereby verifies and. states that: 1. He is the attorney for the Appellant, William M. Witter; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief; 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Respectfully Date: July 5, 2011 Marlin L. lc 3920 Market St Camp Hill, Pe ID# 84745 T?] Jr., Esq. .et, Suite 303 Sylvania 17011 (717) 635-9538 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 10, 2011 WILLIAM M WITTER WID # 111546746473954 001 67 WEST BIG SPRING AVE PROCESSING DATE 06/03/2011 DRIVER LICENSE # 22355477 NEWVILLE PA 17241 DATE OF BIRTH 08/06/1970 Dear MR. WITTER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 05/13/2011: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 07/15/2011 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 07/15/2011. You may surrender these items before, 07/15/2011, 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 $13.50. You must present two (2) forms of proper iden- tification (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 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 111546746473954 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, JUNE 10, 2011, 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 111546746473954 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 07/15/2011. Sincerely, 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 WILLIAM M. WITTER, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: July 5, 2011 Ulin L. M ey, Jr., Esq. 3920 Mar Street, Suite 303 Camp Hil , Pennsylvania 17011 ID# 847 5 Tel. (717) 635-9538 WILLIAM M. WITTER, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANI A V. NO. 11- 5478 CIVIL COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, SUSPENSION Appellee .,v zc PRAECIPE TO WITHDRAW APPEAL OF OPERATOR'S LICENSE SUSPENSION } iW \ TO THE PROTHONOTARY: Kindly withdraw the Appeal of Operators License Suspension filed on July 6, 2011 on behalf of the Appellant. The License Suspension Appeal hearing scheduled for September 15, 2011 at 1:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse is no longer necessary. Date: August 17, 2011 o Marlin L. M y, Jr., Esq. 3920 M et eet, Suite 303 Cam ill, ennsylvania 17011 ID# 84745 Tel. (717) 635-9538