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Home My WebLink About11-9458WILLIAM KEISS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendant : LICENSE SUSPENSION APPEAL PETITION FOR LEAVE TO FILE LICENSE SUSPENSION APPEAL NUNC PRO TUNC c1) rrnm a? C/,r- 0 -c C c? N v 3 CA) n? CZ) ?r AND NOW comes the Appellant, William Keiss, by and through his attorney, Eric R. David, Esquire, and avers the following: 1. Defendant resides at' 1.1150 S. Komensky Avenue, Alsip, IL 60658. 2. Mr. Keiss permanently resides in Illiniois. 3. Mr. Keiss works across country repairing machines. 4. Mr. Keiss received' notice of his suspension at his Illinois address and mailed the documentation to Attorney Eric David's office upon his return to his home. 5. Mr. Keiss has a bona fide defense to the accusation and needs his license to continue his employment. 6. Defendant was charged with Section 1547 of the Vehicle Code, Chemical Test Refusal. 7. Defendant received Notice dated September 7, 2011, that as a result of his violating Section 1547 of thel Vehicle Code, Chemical Test Refusal, his driving privilege was ?I being suspended for period of one year, effective October 12, 2011, at 12:01 a.m. 8. Defendant avers that the notification from the Pennsylvania Department of x{40 72 Transportation suspending his license is improper as a it would be patently unfair to deny him that due proces1 0 because his geographic location made it impossible to comply with the dealing imposed by the Commonwealth. WHEREFORE, your Appellant respectfully requests this Honorable Court grant his request to file an Appeal Nunc Pro Tune. C4/ Date: Respectfully submitted, Rominger & Associates Eric R. David., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 205748 WILLIAM KEISS, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Eric R. David, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Petition for Leave to File a License Suspension Appeal Nunc Pro Tunc upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: I Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Date: J6, 4A Respectfully submitted, Rominger & Associates Eric R. David., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 205748 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing MailjDate: SEPTEMBER 07, 2011 WILLIAM ARTHUR KEIS WID # 112436746530435 001 11550 S. KOMENSKY A E PROCESSING DATE 08/31/2011 DRIVER LICENSE # 30840662 ALSIP IL 60658 DATE OF BIRTH 01/18/1490 Dear MR. KEISS: This is an Official Notice of the Suspension of Your Driving Privilege as aut orized by Section 1547B1I of the Pennsylvania Vehicl Code. As a result of your violation of Section 1547 of he Vehicle Code, CHEMICAL TEST REFUSAL, on 0811212011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/12/2011 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructlions in this letter for COMPLYING WITH THIS SUSPENSION andIPAYING THE RESTORATION FEE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspensionirevocation, we cannot restore your driving privilege until all the requirements are satisfied. You must acknowle privilege. You wil suspension until we may surrender the 10/12/2011, for ea steps to acknowledg 1. Complete the en 2. Be sure to sign 3. Return the form P B P H 4. Upon receipt, acknowledgment, confirming the receive a receipt from us documents, plea a contact Ige this suspension of your driving L not receive credit toward serving any receive your acknowledgment form. You acknowledgment form before this date, •lier credit. Complete the following this suspension: losed DL-16LC acknowledgment form. the form. to: nnsylvania Department of Transportation reau of Driver Licensing 0. Box 68693 rrisburg, PA 17106-8693 and acceptance of this will send you a receipt credit began. If you do not within 3 weeks of mailing your our office. Otherwise, you review PennDOT late that 112436746530435 will not be give credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. You must pay a res oration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To .^My -our reetnrat-on fee; complete the following steps: 1. Return the enclc amount due is li 2. Write your drive page) on the cl credit. 3. Follow the payme of the applicati sed Application for Restoration. The ited on the application. .'s license number (listed on the first eck or money order to ensure proper t and mailing instructions on the back n. Please note: Paying the restoration fee DOES NOT satisfy the requirement to cknowledge your suspension/revocation. If you have not ac nowledged your suspension/revocation, please follow the in tructions listed under "Complying with this Suspension/Revo ation". APPEAL You have the right o appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 07, 2011, of this letter. if you file an appeal in the Coun y Court, the Court will give you a time-stamped cer%tifi d copy of the appeal. In order for your appeal to be v lid, you must send this time-stamped certified copy of th appeal by certified mail to: Pennsylvania epartment of Transportation Office of Chi f Counsel Third Floor, iverfront Office Center Harrisburg, Pi 17104-2516 Remember, this is a OFFICIAL NOTICE OF SUSPENSION. You must return the enc osed DL-16LC acknowledgment form to PennDOT by 10/12/2011. i i 4 112436746530435 Sincerely, 9;?U? Z g Osy) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8s00 a.m. t 5:00 .m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmv.state.pa.us 1-800-228-0676 717-412-5380 WILLIAM KEISS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No./l- f'1 dp t1iYI G ??7 COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendant LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of 011, in consideration of the within Petition for Leave to File License Suspension Appeal Nunc Pro Tunc, a hearing is scheduled on , 201 at % o'clock A M., in court room the ` day of No-j- 1 '9 " 3 0 # J' , at the Cumberland County Courthouse, Carlisle, Pennsylvania By the Court: J. Distribution: c Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION =? Third Floor, Riverfront Office Center )> U) r nC'' Harrisburg, Pennsylvania 17104-2516 -< r-z =C) ,? +GV r? ?Eric R. David, Esquire ? ru '' ROMINGER & ASSOCIATES co -? 155 South Hanover Street Carlisle, Pennsylvania 17013 C& ;C6 PA a. ,7 1 WILLIAM KEISS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-9458 CIVIL TERM IN RE: PETITION FOR LEAVE TO FILE LICENSE SUSPENSION APPEAL NUNC PRO TUNC ORDER OF COURT AND NOW, this 16th day of April, 2012, the request for leave to file a License Suspension Appeal Nunc Pro Tunc is denied. -' Philip M. Bricknell, Esquire Fob the Respondent Eric R. David, Esquire For the Petitioner :lfh ?-O'J 1 ??S rYt? c By the Court, (?w Edward E. Guido, J. 00 Z- y. .c a ? -C v?