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Home My WebLink About11-8768IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Type your name) Vs Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. C= Q • -v 3 Mao 2 Driver's License/Auto Registration Appe r r,3 < • T+ c-5 3 ? c: APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION r? -v ? --to z? AND NOW, this (enter today's date) NMM?ff dl. 20 comes the Appellant, (Type your name) L?? FU?? o? r/• . by his/her attorney, u and states as follows: 1. Appellant's PA operator's number or automobile registration number is: t) I- *- 1!7--? q r13-?; 9 2. PennDOT proposes, by Notice dated (insert "mailing" date here) ./- 101 , 20 11 to suspend Appellant's driving privileges ? automobile registration for a period of (Insert length of suspension) I % Mo n*h S pursuant to Section I c5 4 `] ,h I I 1 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 11/3- S 20 ' ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) ? The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; F1 The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). ? Other (Specify reason:) 0,9S4 ,cra6776-0 -OR- The suspension of Appellant's automobile registration is contrary to law in that: My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). F1 Utner (specity reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Si ere) guou ?? (Type name ere) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: Type Name: Address: City / State / Zip Code: Telephone Number: Email address: x U1h M - - a 0 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 19, 2011 LYNN E FURLOW JR WID # 112856123712270 001 4 S MARKET ST PROCESSING DATE 10/12/2011 DRIVER LICENSE t 17397359 DUNCANNON PA 17020 DATE OF BIRTH 03/14/1954 Dear MR. FURLOW: 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 09/26/2011: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/23/2011 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 11/23/2011. You may surrender these items before, 11/23/2011, 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 identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc,) ir order to --Main 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: 112856123712270 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". 112856123712270 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 19, 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 ci••..••^r -ive-rfr-o.nt 0 _. ffic2 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 11/23/2011. Sincerely, 9?-u ?-- - Z f? e-') Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m to 5.00 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TOO OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (11 ?" w I? (Type our name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. //- Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE The undersigned hereby certifies that on I al , 20 11 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: NDV . v)-j , 201( Signature: Type your Name: Address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 City / State / Zip Code: Telephone: ** This form must be completely filled out and filed in the Prothonotary's office y g°l promptly after mailing the documents to PennDOT ** LYNN E. FURLOW, JR., Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 11-8768 CIVIL TERM AND NOW, this 9th day of February, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 16th day of April, 2012, at 9:30 a.m., in Courtroom no. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Attest: BY THE COURT: 4TM rnp -,? _- c. ? te `d ?? %/ r -- i--y ..ter (?} ?: ?- y V Gary Lysaght, Esq., 1350 Fishing Creek Valley Road, Harrisburg, PA 17112 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 p;es /ha,'/e4 ;,? Iq // a A,1-L LYNN E. FURLOW, JR., Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8768 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 16th day of April, 2012, after hearing, the action of the Department is sustained and the appeal is dismissed. ?Philip M. Bricknell, Esquire For the Respondent /Gary Lysaght, Esquire For the Petitioner :lfh 06 f Cez M-Ai Lic-L O ri N '?