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HomeMy WebLinkAbout02-2766JOHN M. LICHTENBERGER, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT · 02-2805 CIVIL TERM 02-2766 CIVIL TERMj ORDER OF COURT AND NOW, this ?~;:) day of July, 2002, upon agreement of counsel, the hearing currently scheduled for August 26, 2002, IS CANCELLED. The hearing is rescheduled for Monday, September 23, 2002, at 2:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The motor vehicle license suspension is stayed pending the disposition of this appeal. Gregory H. Knight, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation By the Co Edgar B. ~ ~.o~- :saa JOHN M. LICHTENBERGER, Appellant : IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2002- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes John M. Lichtenberger, Appellant, by and through his Counsel of Record, Gregory H. Knight, Esquire, to file a Petition for Appeal of License Suspension in support of which the following statements are made: 1. John M. Lichtenberger, is an adult male (Date of Birth - March 7, 1984) residing at 150 Pine Knob Road, Newville, Pennsylvania 17241. 2. On or about February 8, 2002, Mr. Lichtenberger was cited by an Officer of the North Middleton Township Police for a violation of 75 Pa. C.S. 3362 for which violation Mr. Lichtenberger was found guilty following a summary trial held in Magisterial District 09-2-01 on May 9, 2002. 3. By letter dated May 17, 2002, PENNDOT notified Mr. Lichtenberger that as a result of the May 9, 2002 conviction he was required, pursuant to 75 Pa. C.S. Section 1538(a), to take and pass a special written examination or his driver's license would be suspended. 4. By a second letter also dated May 17, 2002, PENNDOT notified Mr. Lichtenberger that as a result of the fact that he was not yet 18 years old at the time of the February 8, 2002 1'RUE COPY FROM RECORD Testimony wl~ereof, I here unto set my haae the, teal of said Cou[bat Carlisle. Pa 0rothonotarv violation, the driver's license issued to him by the Commonwealth would be suspended, pursuant to 75 Pa. C.S. Section 1538(e)(ii), for a period of 90 days beginning June 21,2002 at 12:01 a.m. See Exhibit A. 5. On June 5, 2002, Mr. Lichtenberger filed a timely Notice of Appeal from the May 9, 2002 conviction which is docketed to No. 02-1223 CR, Cumberland County Court of Common Pleas. See Exhibit B. 6. On June 4, 2002, Counsel for Mr. Lichtenberger contacted the citing Officer who stated that he would consider a disposition on appeal by which the February 8, 2002 citation would be amended to state a non-point violation of Section 3111 of the Vehicle Code. 7. Mr. Lichtenberger believes that he will prevail in the Notice of Appeal (see Exhibit B) he filed to his May 9, 2002 conviction. 8. Contemporaneously with the filing of this Petition for Appeal of License Suspension, Mr. Lichtenberger is filing a Petition for Appeal for the license action described in Paragraph 3 above. 9. Should Mr. Lichtenberger be successful in his appeal as stated in Paragraph 7, this Civil Action appeal will be moot and there will be no basis for the Department to suspend his driver's license. WHEREFORE, Mr. Lichtenberger respectfully requests that this Honorable Corm immediately stay the imposition of the driver's license suspension noted in Exhibit A and all further proceedings on this appeal until a decision is reached on the Appeal from Summary Conviction noted in Exhibit B. Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mai~ Date: MAY i7, 2002 JOHN M LICHTENBERGER 150 PINE KNOB RD NEWVILLE PA 17241 WID ~ 021309283806649 001 PROCESSING DATE 05/10/2002 DRIVER LICENSE # 26704461 DATE OF BIRTH 03/07/1984 Dear MR. LICHTENBERGER: This is an Offlclal Notice of the suspension of your Driving Privilege as authorized by Section 1558E of the Pennsylvania Vehicle Code. As a result of your 05/09/2002 conviction of violating Section 3562 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 02/08/2002: Your driving privilege is SUSPENDED fop a pep/od of 90 DAY(S) effective 06/21/2002 at 12:01 a.m. Before PennDOT can restore Your driving privilege, you must foilow the instructions in this ietter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL lnstnuctions veny canefully. Even If you have senved all the time on the suspension/revocation, we cannot restore your drlvlng priv- ilege until all the Pequlrements ape satisfied, 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 06/21/2002. You may surrender these items before, 06/21/2002, 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 $9.00. 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 Pecetve credit toward serving any suspension untll we receive youP license(s). Complete the following steps to acknowledge this suspension. 021509283806649 I. 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 Bureau of Driver Licensing P.O. ~ox 68693 Harrisburg, PA ~7Z06-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s)~ learnerWs 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 wii1 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)(q) 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. Follow the payment and mailing instructions on the back of the application. 02150928~806649 PROVIDING PROOF OF INSURANCE Within the last $0 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. zmpoPtant= Please make sure that PennDOT is notified if you move from YOUr current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, MAY 17, 2002, of this letter. If you file an appeal in the County Coupt, the Coupt wtll glve you a time-stamped cePttfled 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 maiI 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 06/21/2002. Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing* P.O. Box 68693 Harrisburg, PA 17106-8693 INFORHATION (7:00 AM TO 9:00 PH) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 Name and .Address Of Defendan[: Jolm I~ LJ. olfl:ea~erge~ 150 pLtm l~aob ROad Signature IN THE COURT OF .Co/vIM. ON PLEAS, COUNTY OF CUMBERLAND Not/ce of Appeal from Summary Criminal Conviction Name and Address of District Justice: Zip 17241 Caeltall, p& Zip 17013 Magisterial District No. Decision of District Justice: Date of Decision $/~/02 l~ound guLlt, y o£ 75 Pa, IS ~phOffense(s) Appealed 53362 - excee~ maxLmum speed by Name and mailing address of officer es.shown on citation or complaint Off~oe~ Bryan NoVJ. t:ty 2051 Sp::l. ng Road CI~XXiXo~ PA 17013 District Jt If sentence includes' fine and costs, amount of which paid: $130.00 Type or amount of bail fdmished to District Justice, if any: N/A Name and Acklress of Attorn~,y: ' (signature) _~_'~1~'~'~ ~"~ ~~'~ (print name; ~ ~ ~' '~ PhoneJ717) 24~-5373 Zip ~Atty. I.D.# ~ NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. wHITE - Clerk of Courts If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy o!~l~p~l for your use in requesting a delay in that suspension. .--'~ CRt'tt/~'~ ~hh I hereby ce~ify that an appeal had been filed m the ~0~(apt~on~ ma~ ', OURTS' '" ' ' ~R~EN - Affiant% Cosy Y~LLOW - Oistrlm lu~ice PINK'- District A~omev GOLD - Defendant VERIFICATION I, John M. Lichtenberger, hereby verify that the facts set forth in the foregoing Petition for Appeal from License Suspension are true and correct to the best of my knowledge, information and belief, and I understand that false statements herein are made subject to the penalties of ! 8 Pa. C.S. §4904 relating to unswom falsifications to authorities. ~ Jo~hn ~1~. Lichten~ er~ JOHN M. LICHTENBERGER, Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2002- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Petition for Appeal from License Suspension was sent to the following address below: Service by United States Mail, certified, return receipt requested, upon: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel ATTN: George Kabusk Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 JOHN M. LICHTENBERGER, APPELLANT : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE : 02-2766 CIVIL TERM AND NOW, this day of June, 2002, upon consideration of this appeal from a license suspension, a hearing shall be conducted at 2:00 p.m., Monday, August 26, 2002, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania· The motor vehicle license suspension is stayed pending the disposition of this appeal. .,'Gregory H. Knight, Esquire For Appellant ~George Kabusk, Esquire For the Department of Transportation By the Court, Edgar'~5~e~, ~, :saa JOHN M. LICHTENBERGER, APPELLANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE : 02-2805 CIVIL TERM AND NOW, this day of June, 2002, upon consideration of this appeal from a license suspension, a hearing shall be conducted at 2:00 p.m., Monday, August 26, 2002, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. appeal. The motor vehicle license suspension is stayed pending the disposition of this JGregory H. Knight, Esquire For Appellant x. George Kabusk, Esquire For the Department of Transportation Edgar B. Bayiey, .~ :saa JOHN M. LICHTENBERGER, Appellant COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2002-2805 and NO. 2002-~I~6 ~'7/,,(,, ~ CIVIL ACTION -. LAW PRAECIPE TO WITHDRAW AND NOW, comes the Appellant, by and through his Counsel of Record, Hanft & Knight, P.C. and Gregory H. Knight, Esquire, to file a Praecipe to Withdraw the above referenced appeals in support of which the following statements are made: 1. On or about June 10, 2002 Appellant filed the above referenced appeals from two licensure determinations/actions taken by the Department of Transportation, Bureau of Driver Licensing. 2. At the same time as the above referenced administrative agency appeals were filed, Appellant also filed an appeal from a summary vehicle citation (Commonwealth v. John Lichtenberger, No. 02-1223 Criminal, Cumberland County Court of Common Pleas) which citation was the basis for the administrative agency dete .rminations. 3. On February 11,2003, upon motion of the Commonwealth to withdraw the criminal citation, the Honorable Edward E. Guido issued an Order dismissing the case against the Appellant. See Exhibit A. 4. Upon receipt of Judge Guido's February 11 Order, Counsel for the Appellee sent Appellant' s Counsel a copy of Appellant' s driving record showing that the Department has corrected its records by rescinding and deleting the violation which was the subject of the Order issued by Judge Guido on February 11. See Exhibit B. 4. As stated in Paragraph 7 of his Administrative Agency appeals, the February 11 Order makes moot the AdministratiVe Agency appeals. WHEREFORE, Appellant withdraws his Administrative Agency appeals. Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H. Knight, Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Appellant John M. Lichtenberger CERTIFICATE OF SERVICE AND NOW, this 2~t'l~'day of February, 2003, I, Gregory H. Knight,, Esquire, hereby certify that I have this day served the following person with a copy of the Petition to Withdraw, by first class, United States Mail, postage pm-paid, addressed as follows: George H. Kabusk, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division 1101 South Front Street Harrisburg, PA 17104-2516 HANFT & KNIGHT, P.C. Gregory H. Knight, iEsquire Attorney ID No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 EXHIBIT A CO~O~E~TH. Ve JOHN M. LICHTENBERGER IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1223 CRIMINAL TERM CHARGE: APPEAL FROM SUMMARY MAXIMUM SPEED LIMITS AFFIANT: PTL. BRYAN McVITTY CITATION NO. A7240411-3 ORDER QF COURT AND NOW, this llth day of February, 2003, upon the motion of the Commonwealth, the citation is withdrawn, and the case is dismissed. Costs upon the county. the Edward E. Guid¢~, J. Jaime M. Keating, Esquire Chief Deputy District Attorney ~gory Knight, Esquire Private Counsel Probation Sheriff D.J. Correal srs EXHIBIT B COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 TELEPHONE: (717) 787-2830 FACSIMILE: (717) 705-1122 Gregory H. Knight, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Re: February 19, 2003 Re: John M. Lichtenberger v. Commw. of Pa., DOT, BDL, Cumberland County, License Suspension Appeal Dear Attorney Knight: The Department is in receipt of information that indicates that upon appeal of the conViction of May 9, 2002, of a violation of 3362 of the Vehicle Code on February 8, 2002, the prosecution withdrew the citation and as a result the court dismissed the case. As a result, no points rather than three points should be assessed and the Section 1:538E of the Vehicle Code 90 day suspension should be rescinded. Please be advised that the Department corrected its records .and rescinded and deleted the February 8, 2002, violation of Section 3362 of the Vehicle Code, rescinded and deleted the 1538 Special Written Examination requirement, and rescinded and deleted the Section 1538E of the Vehicle Code 90 day suspension. See attached print-outs confirming the same. A hearing is scheduled for March 31, 2003, at 3:30 p.m. in Courtroom No. 2, Cumberland County Courthouse, Carlisle. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal or by having a hearing and having the matter dismissed of as moot. If you choose to file a praecipe to withdraw, kindly provide me a copy of the praecipe so that I may close-out my file. If you have any questions, please feel free to call me. Since. rely, George H. K~usk Assistant Counsel Enc.:l C7201500 2DL01510 TRAFFIC SAFEI~F'INQUIRY LIST customer : 26704461 LICHTENBERGER, 3OHN,M Date of Birth : 03/07/84 six Point Cntr : 00 Suspension Cntr : 001 TOtal Points : 05 Driver Privilege: A0730309 02/19/03, DUI chtr : O0 CDL DQ Cntr : 00 CDL ~ajor Cntr: 00 CDL STO CNTR : 00 viol/Occ section Date vi ol Convict Trans Unc Date Action Date Ind 10/14/00 3367 06/22/01 02/19/03 02/19/03 10/26/00 SUSPENSION 11/13/00 RE~0~ 06/15/01 RESCIND ~05/10/02 DELETE 0~/06/02 DELETE' ~18/02 Eff Rein chng St D Date TS PtS Cnt Cy Q 12/22/00 00 001 00 05 00 00 001 00 00 001'00 00 001 00 Next Trans Date =:=> 3-SUBMENU 17-PDPS 15-RETURN £7201500 2DLO1510 TRAFFIC SAFETY INQUIRY LIST CUStomer ·: 26704461 LICHTENBERGER, 3OHN, M ' ~' . i:<,~:.i .i-`.Interlock Cnt~;., : 00 Date of Birth : 03/07/84, six Point Cntr : 01 SuspensiOn Cntr : 002 Total Points : 06 Driver Privilege: AP viol/Occ Section Convict Trans Unc Date vi ol Date ACti on Date Ind 10/14/00 3367~~i~267~~ON 11/13/00 ..... ' 02/08/02 3362 05/09/02 YD SUSP PT EXM~/10/02 06/06/02 ' 'PASSED EXAM-C 06~06/02 06/06/02 RESTR PT APPEA 06/~18/02 A0730309 02/14/03 DUI Cntr : 00 CDL DQ Cntr : 00 CDL Major Cntr: 00, CDL STO CNTR : 00 Eff Date 12/22/00 06/21/02 Rein chng St D TS PtS Cnt Cy Q oo ool Oo 05 O0 03 001 O0 02- 001 00 00 001 00 Next Trans Date :::> 3-SUBME~ 17-PDPS 15-RETURN JOHN M. LICHTENBERGER, Appellant : IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2002- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes John M. Lichtenberger, Appellant, by and through his Counsel of Record, Gregory H. Knight, Esquire, to file a Petition for Appeal of License Suspension in support of which the following statements are made: 1. John M. Lichtenberger, is an adult male (Date of Birth - March 7, 1984) residing at 150 Pine Knob Road, Newville, Pennsylvania 17241. 2. On or about Februa~ 8, 2002, Mr. Lichtenberger was cited by an Officer of the North Middleton Township Police for a violation of 75 Pa. C.S. 3362 for which violation Mr. Lichtenberger was found guilty following a summary trial held in Magisterial District 09-2-01 on May 9, 2002. 3. By letter dated May 17, 2002, PENNDOT notified Mr. Lichtenberger that as a result of the May 9, 2002 conviction he was required, pursuant to 75 Pa. C.S. Section 1538(a), to take and pass a special written examination or his driver's license would be suspended. 4. By a second letter also dated May 17, 2002, PENNDOT notified Mr. Lichtenberger that as a result of the fact that he was not yet 18 years old at the time of the February 8, 2002 COPY FROM R£C_. R0 )n Ts~l~n~'w~, I here u..g~my ham3 and the. spa.'l of sald~El~_~Carlisle. Pa. Thi~ Prothono~ violation, the driver's license issued to him by the Commonwealth would be suspended, pursuant to 75 Pa. C.S. Section 1538(e)(ii), for a period of 90 days beginning June 21,2002 at 12:01 a.m. See Exhibit A. 5. On June 5, 2002, Mr. Lichtenberger filed a timely Notice of Appeal from the May 9, 2002 conviction which is docketed to No. 02-1223 CR, Cmberland County Court of Common Pleas. See Exhibit B. 6. On June 4, 2002, Counsel for Mr. Lichtenberger contacted the citing Officer who stated that he would consider a disposition on appeal by which the February 8, 2002 citation would be amended to state a non-point violation of Section 3111 of the Vehicle Code. 7. Mr. Lichtenberger believes that he will prevail in the Notice of Appeal (see Exhibit B) he filed to his May 9, 2002 conviction. 8. Contemporaneously with the filing of this Petition for Appeal of License Suspension, Mr. Lichtenberger is filing a Petition for Appeal for the license action described in Paragraph 3 above. 9. Should Mr. Lichtenberger be successful in his appeal as stated in Paragraph 7, this Civil Action appeal will be moot and there will be no basis for the Department to suspend his driver's license. WHEREFORE, Mr. Lichtenberger respectfully requests that this Honorable Court immediately stay the imposition of the driver's license suspension noted in Exhibit A and all further proceedings on this appeal until a decision is reached on the Appeal from Summary Conviction noted in Exhibit B. Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mai~ Date: MAY 17, 2002 JOHN M LICHTENBERGER 150 PINE KNOB RD NEWVILLE PA 17241 WID ~ 021309283806649 001 PROCESSING DATE 05/10/2002 DRIVER LICENSE ~ 26704461 DATE OF BIRTH 03/07/1984 Dear MR. LICHTENBERGER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 05/09/2002 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 02/08/2002: Your driving privilege is SUSPENDED for a period of 90 DAY(S) effective 06/21/2002 at 12:01 a.m. Before PennDOT can restore your driving privilege, YOU must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the tlme on the suspension/revocation, we cannot restore your driving priv- ilege untll all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return ali current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in Your Possession on or before 06/21/2002. You may surrender these items before, 0G/21/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $9.00. 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 wll! not receive credit toward servlng any until we receive your license(s). Complete the steps to acknowledge this suspension. suspension following 0213092838066~9 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 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8695 2o 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 $ 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. 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)(~) 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 privilegeo 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. Follow the payment and mailing instructions on the back of the application. 021509283806649 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZmpoPtant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NAY 17, 2002, of this letter. Zf you file an appeal tn the County CouPt, the CouPt wtll glve you a time-stamped cePttfted 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 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSP£NS~ONo You must return ail current Pennsyivania driver iicense products to PennDOT by 06/21/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing' P.O. Box 68693 Harrisburg, PA I7106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 Name and Address of Defendant: ~OIm ~1~ l, tel~tealaerger 1 $0 PI.~ l[aob Roaa Signature JN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of District lustice: Zip 17241 Magisterial DistrictNo, Zip ~ 09-2-01 -- Decision of District Justice: Date of Decision 519102 Found gu~.~ty o£ 75 ~a. 53362 - exoeodJ, ng m&xJ.ama speed IS aipltOffense(s)Appealed Appeal. fro~ aent;enoe of f~.ne,, and cost Name and mailing address of officer as.shown on citation or complaint Off Lost Bryan II~VJ, t.t:y 2051 S~:Xng Road District If sentence includes fine and costs, amount of which paid: $130.00 Type or amount of bail fdrnished to District Justice, if any: Name and Address of Attorney: (si§nature) j~.,~ ~ (print name) ~"~ (a&re~ 1~ 111t3 Zip rhone(?17) ~9-M7~ "Atty. LD.# ~ NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. WHITE - Clerk of Courts If your appeal is from a m~tor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy o~f~iLtRap~l for your use in requesting a delay in that suspension. . _- ~ CR~ .rhea, ~, . ~ ' ~' r'*;~=~( '~t . . ...,/ . I hereby cemfy that an appeal had been filed m the a~(apt~on~ ma~., GREEN - Af~ant'g Coov YELLOW - Distri~ lu~ice PINK - District Attorney GOLD - Defendant VERIFICATION I, John M. Lichtenberger, hereby verif~ that the facts set forth in the foregoing Petition for Appeal from License Suspension are hue and correct to the best of my knowledge, information and belief, and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. Date:_ JOHN M. LICHTENBERGER, Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2002- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Petition for Appeal from License Suspension was sent to the following address below: Service by United States Mail, certified, return receipt requested, upon: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel ATTN: George Kabusk Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373