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Home My WebLink About12-2504FILED-OFFICE: OF THE PROTHONOTAiRY 2012 APR 24 AM 10: 05 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTIN MAREN V. COMMONWEALTH of PENNSYLVANIA : NO. )A-9s6y bil CIVIL ACTION-LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES AND NOW comes the Appellant, Dustin Maren, by and through his attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On February 5, 2012 Appellant was stopped for a traffic violation by Upper Allen Township police officer. 2. On or about March 27, 2012 Appellant received a suspension letter regarding a Chemical Test Refusal. (Copy attached) 3. The effective date of suspension is May 1, 2012. 4. The Appellant did not knowingly or intelligently refuse a chemical test. WHEREFORE, Appellant, Dustin Maren based on the foregoing representations, respectfully requests that this Honorable Court grant a hearing to determine the status of his operator license suspension, and enter a Supersedeas until such time as a hearing can be held. ekN ,98? ??a7y1'? 0 Y SUBMITTED: LIT No. 3918 1350 Fishing KeekV alley Road Harrisburg, PA 17112 (717) 599-5320 ATTORNEY FOR APPELLANT VERIFICATION The undersigned hereby states that the statements made in the attached Appeal are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Dustin Maren, Appellant CERTFICATE OF SERVICE I, Gary Lysaght, Esquire, hereby certify that on the 23 rd day of April, 2012,1 served a copy of the forgoing document by depositing such into the custody of the United States Postal Service, certified mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 2 ppf y Esquire &;V? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 27, 2012 DUSTIN ERIC MAREN WID # 120806691536884 001 64 VINE ST PROCESSING DATE 0312012012 DRIVER LICENSE # 25746325 HIGHSPIRE PA 17034 DATE OF BIRTH 02/09/1981 Dear MR. MAREN: 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 02/06/2012: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(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 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: 120806691536884 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 an 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". 120806691536884 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 05/01/2012. Sincerely, 9?tkt? Zee vor"") 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 DUSTIN MAREN V. COMMONWEALTH of PENNSYLVANIA : NO. I P . aSOy CIVIL ACTION-LAW c G urn -c r ?- APPEAL FROM DRIVER'S ? c LICENSE SUSPENSION a c.n -v 3 r 0 mom. s -, C3'?1 C ORDER OF COURT '1 AND NOW, this day of ?? 2012, in the foregoing Appeal from License Suspension, a hearing is granted to determine whether appellant is subject to suspension of his automobile operator's license. This appeal shall act as supersedeas to the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation, Commonwealth of Pennsylvania. A hearing will be held on the j &d ay of '2012, at /: 50 an./p.m., in Court Room Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania. Distribution: B E COURT: J. Prothonotary Pa Dept. of Transportation, Office of Chief Cousel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, #787-2830 Gary Lysaght, Esquire, 1350 Fishing Creek Valley Road, Harrisburg, PA 17112, #599-5320 0 DUSTIN E. MAREN, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, NO. 12-2504 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF Respondent LICENSE SUSPENSION ORDER AND NOW, this 15"' day of August, 2012, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the baisis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of thi appeal shall be REINSTATED. 1~': ° ~ CONTINUED and RESCHEDULED for the day of ~.: ~ x , 2012, at .m. in Courtroom =~> ~-~~ ~ ,~ Q ~~ _ , Room No. of the Cumberland County Courthouse, ~> ~~ ~ ~ .~>- c Carlisle, Pennsylvania. --~ ~_~, ~ ~c _Y '+ ~ BY THE COURT: ~v ~_, Attest: / ~ / Gary Lysaght, Esq., 1350 Fishing Creek Valley Road, Harrisburg, PA 17112 ~ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3~d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ~p~eS n~~'l~a~ ~~/~~a