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Home My WebLink About12-2443DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee V. ROBERT B. GARMAN, Apppellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA rnp -,. xrn ;;0 ?? -0m No Ica r =? NO. c -N3 ,°? r` Cn PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Robert B. Garman, Appellant, by and through his attorney, Gregory Barton Abeln, Esquire, who files the following petition and avers as follows: 1. Robert B. Garman is an adult individual currently residing at 301 Potato Road, Carlisle, PA 17015. 2. On March 27, 2012, the Pennsylvania Department of Transportation sent to Appellant a notice of license suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 3. Appellant has a valid Pennsylvania operator's license in his possession. 4. The Appellant's license is to be suspended as a result of an alleged chemical test refusal on February 28, 2012. 5. The reason for the suspension was that the Appellant was asked to submit to a blood draw for blood alcohol concentration analysis for an alleged driving under the influence violation and he refused. The Appellant was subsequently charged with driving under the influence. 6. Appellant is challenging the legality of his arrest and is due in court on May 11, 2012 for a preliminary hearing. 7. Appellant intends to argue that his arrest was illegal because he was not driving the vehicle and therefore cannot be convicted of driving under the influence. 8. It is asserted that the arresting officer did not have reasonable grounds to effectuate a ?/ traffic stop. 3 7 5- P 4 &47 6,t # NJ 2 `1' ?-. 7 '0s P WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of his license suspension pending the result of said hearing. `-t ? O ?Z Date Respectfully Submitted, Gregory Barton Abeln, Esq. 37 E. Pomfret Street Carlisle, PA 17013 Atty. I.D. #35960 717/245-2851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 27, 2012 ROBERT B GARMAN WID # 120806123771475 001 301 POTATO RD PROCESSING DATE 0312012012 DRIVER LICENSE # 23763546 CARLISLE PA 17015 DATE OF BIRTH 11/13/1975 Dear MR. GARMAN: 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 02/28/2012: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/01/2012 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 05/01/2012. You may surrender these items before, 05/01/2012, 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 -A- 120806123771475 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, MARCH 27, 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 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 120806123771475 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 0510112012. Sincerely, 9?0 ?-* - '6 g 6-') 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 DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PA, CUMBERLAND COUNTY, PA Appellee V. ROBERT B. GARMAN, : NO. Apppellant CERTIFICATE OF SERVICE I hereby certify that on this day, a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail: Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Date Respectfully Submitted, ABELN LAW OFFICES Shelly S?4r Legal Assistant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PA, CUMBERLAND COUNTY, PA Appellee V. ROBERT B. GARMAN, : NO. - ?yy3 ??;{("` Apppellant AND NOW, this 2 `lam ORDER OF COURT day of 44' , 2012, upon consideration of the within Petition For Appeal From License Suspension, a hearing is set for the l 5.0-day of I AA 011-1 2012, at f) o'clock m. In Courtroom No. of Cumber and County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of the appeal hearing. By the Court, Cc Phillip Bricknell, Esquire For the Commonwealth Gregory Barton Abeln, Esquire For the Appellant Copies A.a,led q/ls/l Z n ? c ?< - =rn 0 -or" .<> th ID a 'c C5 C4 o X" n M. = n X- C:- xo i 5- = CD _ try DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee V. ROBERT B. GARMAN, Apppellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-2443-CIVIL PRAECIPE TO WITHDRAW APPEAL To the Prothonotary: ?J 3 '?•.. Q ..Ts ... t• C ; ? rQ On behalf of the appellant, Robert B. Garman, please withdraw the appeal in the above-captioned case. Abeln Law Offices Gregory B. Abeln, Esq. Cc: Phillip Bricknell, Esquire For the Commonwealth Gregory Barton Abeln, Esquire For the Appellant DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PA, CUMBERLAND COUNTY, PA Appellee V. ROBERT B. GARMAN, : NO. Apppellant CERTIFICATE OF SERVICE I hereby certify that on this day, a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail: Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Date Respectfully Submitted, ABELN LAW OFFICES J ,8 1&0' , Shelly Syd?ror Legal Assistant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA, DEPARTMENT OF :CUMBERLAND COUNTY, PENNSYLV TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE V. ROBERT B. GARMAN, APPELLANT 12-2443 CIVIL TERM OR R OF COURT AND NOW, this day of August, 2012, the Praecipe to Appeal filed by Appellant is GRANTED. By the Court, Albert . Masland, Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Riverfront Office Center, 3`~ Floor Harrisburg, PA 17104-2516 Gregory B. 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