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Home My WebLink About11-7502RAY S. SWARTZ, II, 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. // , 75e7A (, / vd l?'? LICENSE SUSPENSION APPEAL =rn "M - m . ? gy C°) ? ..'? C7 _...? i APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Ray S. Swartz, 11, by and through his Attorney, Drew F. Deyo, Esquire, and avers the following: 1. Appellant resides at 12 Parsonage Street, Newville, Pennsylvania 17241. 2. Appellant received Notice dated September 29, 2011, stating that as authorized by Section 1547B l I of the Pennsylvania Vehicle Code, as a result of his violation of Section 1547, his driving privilege was being suspended for a period of ninety (90) days, effective November 3, 2011, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. The administrative order of the Pennsylvania Department of Transportation suspending his license is improper. 4. Petitioner did not refuse. 5. The Legislature did not intend for a suspension to apply in this instance. q ? 9a. r d? R7??a6s37/ WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully Submitted, ROMINGER & ASSOCIATES Dated: - Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17015 (717) 241-6070 Supreme Court I.D. # 308857 Attorney for Appellant RAY S. SWARTZ, II, 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. : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully Submitted, ROMINGER & ASSOCIATES Dated: -- D W -- I Drew . Deyo, squire 155 South Hanover Street Carlisle, PA 17015 (717) 241-6070 Supreme Court I.D. # 308857 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 29, 2011 RAY S SWARTZ II WID * 112656746540865 001 12 PARSONAGE ST PROCESSING DATE 09/22/2011 DRIVER LICENSE # 16566490 NEWVILLE PA 17241 DATE OF BIRTH 10/04/1955 Dear MR. SWARTZ: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/09/2011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11/03/2011 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 11/03/2011. You may surrender these items before, 11/03/2011, for earlier credit; however, you may not drive after these items are surrendered. 19 1 YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Drover License Center for a cost of $13.50. 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: 112656746540865 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. 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". 112656746540865 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 29, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/03/2011. Sincerely, 9?ju? zg&") 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