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Home My WebLink About12-4454IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l.arrr T C?S\ ( ) f • No. (Type your name) , Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania zM F' F_ Department of Transportation , r- ; M. Bureau of Drivers Licensing - ..c r? c-z -+t D CD APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION - :7f _ AND NOW, this (enter today's date) July 17 2012 comes the Appellant, (Type your qa4 "Y-N F'CaS1 PC J'C . by his/her attorney, Joseph N. Gothie and states as foll ws: 1. Appellant's PA operator's number or automobile registration number is: 30802749 2. PennDOT proposes, by Notice dated (insert "mailing" date here) June 21 , 20j2____, to suspen d Appellant's driving privileges Flautomobile registration for a period of (Insert length of suspensio ) 1 year pursuant to Section 15478(1)(1) of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) July 26 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) n? The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemi al test. W] Appellant did not knowingly or intelligently refuse a chemical test; F] The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is cur ently under appeal. (Attach a copy of the court docket this Appeal). F] Other (Specify reason:) '57/5- 2,7913 1 -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). F] Other WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the of operating privileges or automobile registration. Respectfully submitted, (Sign n e here) Joseph N. (Type na a here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspensi n or Registration are true and correct to the best of my knowledge, information and belief. The undersigned under, tands 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: ?oS ?n N . '10?- le Address: 111 E. Market Street- Ste. 101 City / State / Zip Code: York. PA 17401 Telephone Number: 717-848-8455 Email address: jn9 -@gvafirm.com COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 21, 2012 LARRY RICHARD FRASIER JR WID # 121666032894676 0.01 219 LOCUST ST PROCESSING DATE 06/14/2012 DRIVER LICENSE # 30802749 HANOVER PA 17331 DATE OF BIRTH 01/1S/1960 Dear MR. FRA64-ERi This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/02/2012: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 07/26/2012 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 07/26/2012. You may surrender these items before, 0712612012, 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, ma-rri-aver c"er-tltfi-cate; -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: 121666032894676 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 r ac e i v.e a._ - c e i p t...... £r o m u s_ wi. t.h i. n. 3 :w.e e k s , .p leas e- -c o.nf.a c t 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 the requirement to acknowledge your If you have not acknowledged your please follow the instructions listed this Suspension/Revocation". fee DOES NOT satisfy suspension/revocation. suspension/revocation, under "Complying with 121666032894676 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 21, 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 tom Pennsylvania Department of Transportation a# _Chi-af --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 07/26/2012. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8;00 a.m. to 5.00 p.m IN STATE 1-800-932-4600 TOD IN STATE 1-800-228-06 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-53 WEB SITE ADDRESS www.dmv.state.pa.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1_ CA'rL'i F-xAsAeC ?i . (Type your name) No. Vs. Commonwealth of Pennsylvania , Department of Transportation , Bureau of Driver Licensing Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE The undersigned hereby certifies that on July , 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, 3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: July 11 , 2012 Signature: ok?' l? 'K " Type your Name: jQsrxh N , C '1n'i p Address: 111 E. Market Street -Ste. 101 City / State / Zip Code: York, PA 17401 Telephone: 717-848-8455 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** IN THI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Larry Frasier Jr. No (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 3 •'-? day of , 204?, a hearing is scheduled on the appeal of Petitioner for the -7 day of -,20 -/? at -L: ge? LM in Courtroom # „L of the Cumberland County Courthouse, One Courthouse Square, 41h 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, 3'd 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, Judge rn c ? s ? f ° p? Gt??? -?+-iG r*? ?„ , , r C car" rv x'r P /l (JV "4 ' e w Y J < "A61 =' LARRY FRASIER, JR., Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-4454 CIVIL TERM APPEAL OF LICENSE SUSPENSION ORDER AND NOW, this 24th day of October, 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 basis 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 this appeal shall be REINSTATED~• t~ ~~`°~.~_ ~'~*' `~`~-t' w~~~=~~'-~ ~ ~.~~r~~-~~ _ CONTINUED and RESCHEDULED for the da o~ Y 20 , at _,.m., in Courtroom }. c-. e~ ~~,~; Room No. of the Cumberland County Courthouse, ` " ~ ~- - ' = ;~~;~ Carlisle, Pennsylvania. ~~ ~~ ~ ~ ~-- ~.~c ; ~~~„ BY THE COURT: ~ ~ ~ ~ E` ~ 4`t ~ ~ a_ ~ _.~~ J~ Attest: ,~~ ~oseph N. Gothie, Esq., 111 East Market Street, Suite 101, York, PA 17401 ~/ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 110//1 South Front Street, Harrisburg, PA 17104-2516 ~.c~ ~ - Es rz1. ar t t ~s 1, I ~ l~l 1 ~ ,_I~