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Home My WebLink About12-1417IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher James Luce (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. a- 1412 ?Siyi l Teerm c= -V 3 ma7 Drivers License/Auto Registration Appea M . ?r C.. r.a m :_D c APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION N -a AND NOW, this (enter today's date) March 02 •2012 , comes the Appellant, (Type your name) Christopher James Luce , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 23101677 2. PennDOT proposes, by Notice dated (insert "mailing" date here) February 02 , 20j2____, to suspend Appellant's driving privileges M automobile registration for a period of (Insert length of suspension) 1 Year pursuant to Section 1547611 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) March 08 , 2012 ****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. a Appellant did not knowingly or intelligently refuse a chemical test; 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:) 4103.16 PDPIFF CAsH ?# di 712% -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). Other (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, name here Christopher James Luce (Type name here) 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: Christopher James I?Zce Address: 503 Louisa Lane City / State / Zip Code: Mechanicsburg, PA 17050 Telephone Number: 717-512-3252 Email address: Luce0872 @ hotmail.com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher James Luce (Type your name) Vs. No. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania . Department of Transportation . Bureau of Driver Licensing . CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 02 , 2012 , i caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3i° Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: March 02 2012 7 Signature: ` Type your Name: Christopher James Luce Address: 503 Louisa Lane City / State / Zip Code: Mechanicsburg, PA 17050 Telephone: 717-512-3252 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 02, 2012 CHRISTOPHER JAMES LUCE WID # 120266123746700 001 503 LOUISA LN PROCESSING DATE 01/26/2012 DRIVER LICENSE # 23101677 MECHANICSBURG PA 17050 DATE OF BIRTH 08/07/1972 Dear MR. LUCE: 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 01/03/2012: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/08/2012 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 03/08/2012. You may surrender these items before, 03/08/2012, 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 120266123746700 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, FEBRUARY 02, 2012, 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 120266123746700 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 03/08/2012. Sincerely, X6, g V;C/) 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher James Luce No. la - 1411 C :1 Vi l T M (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing /ORDER SCHEDULING HEARING ON APPEAL AND NOW, this ?! day of . 20_L 4,, a hearing is scheduled on the appeal of Petitioner for the ' day of .20 LA_ at 9-:6A1 M in Courtroom # J--of the Cumberland County Courthouse, One Courthouse Square, 0 Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, V Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, e4 r : 5 ,4p? X et, Lc e 10A ba?j - ? &Ce? ecr c' s )-K&, 'led 31bll -;L &be tom- CA Cj ^ a =?» F ?C3 ..:.. z 4z,& CHRISTOPHER J. LUCE, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,J 2012-1417 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL, FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 22nd day of June, 2012, after hearing in the above-captioned matter, the appeal of the suspension of license is denied. The suspension of the defendant's license is reinstated. By the Court, ?k _? M. L. Ebert, Jr., d"? ra Christopher J. Luce, Appellant Y> 503 Louisa Lane r Mechanicsburg, Pa. 17050 -C ;0 r j Philip M. Bricknell, Esquire ?? -o - For Appellee zC-1) = -. :mtf ??S tha"Iee? )hkL