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Home My WebLink About01-4530COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPEl ,1 .EE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VI. : No. 01-~_3~) CIVIL JAMESON E. CHRISTOPHER APPELLANT ORDER ^ND NOW, t~_/_~ day of J~y, 200I, upon consi&ra6on of the Appellant's Notice of Appeal, a heating is set for th,e~l~ay of_~., 2001, at / :~O ~ Courtroom # --,~, Cumberland County Courthouse. John A. Abom, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 Pennsylvania Depaxhnent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING : APPELLEE JAMESON E. CHRISTOPHER APPEIJ,ANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL NOTICE OF APPEAL OF LICENSE SUSPENSION Appellant, Jameson E. Christopher, is an adult individual who currently resides at 247 H Street, Carlisle, Cumberland County, Pennsylvania. Appellee, Commonwealth of Pennsylvania, Deparmaent of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County, Pennsylvania. Your appellant was arrested on June 2, 2001, by a Pennsylvania State Police trooper for suspicion that he was operating his motor vehicle while under the influence of alcohol. After the appellant's arrest, appellant was brought to Holy Spirit Hospital for medical treatment and so that the Pennsylvania State Police trooper could obtain a sample of is blood for testing purposes. On that same night, the Pennsylvania State Police trooper, after requesting that the appellant give a sample of his blood for testing purposes, deemed that the appellant refused to provide a sample of his blood. Appellant denies that he refused to provide a sample of his blood for testing purposes. By letter dated July 4, 2001, the Commonwealth of Pennsylvania, Depa~iment of Transportation provided the appellant with an official notice of suspension of his driving privileges to be effective on August 8, 2001, allegedly as a result of a violation of 75 Pa.C.S. el 547. A true and correct copy of said notice is attached as Exhibit A. WHEREFORE, your appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that his driver's license be suspended. Date: Respectfully submi~ed, ~A'yt~ney fttomey ITDr .~e77A9P6Plellant 8 South Hanover St. Suite 204 Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, Jameson E. Christopher, verify the statements made in the foregoing Notice of Appeal axe true and correct to the best of my knowledge and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to Unswom Falsification to Authorities. Date CERTIFICATE OF SERVICE I, John A. Aborn, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Depamnent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: ?/) ~//~ r COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY Oq, 2001 JAMESON E CHRISTOPHER 247 H STREET CARLISLE PA 17013 WID # 011786114273312 001 PROCESSING DATE 06/27/2001 DRIVER LICENSE # 22064071 DATE OF BIRTH 09/26/1969 Dear MR. CHRISTOPHER: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 15q7 of the Pennsylvania Vehicle Code. As a result of your violation of Section 15~7 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/02/2001: Your driving privilege is SUSPENDED fop a pe~od of 1 YEAR(S) effective 08/08/2001 at 1Z:O1 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a 1,000 fine AND your driving Privilege will be suspended/revoked for a MINIMUM 1 year period COMPLYING WITH THIS SUSPENSION You must return ail current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your Possession on or before 08/08/2001. You may surrender these items before, 08/08/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVERmS 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 will not Peceive cPedit towaPd sePving any suspension until we Pecelve youP license(s). Complete the following steps to acknowledge this suspension. 01178611~275312 1. Return all current Pennsylvania driver's licenses, leather'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 68695 Harrisburg, PA 17106-8695 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. 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 privilege. To pay Your restoration fee, complete the foilowing steps: I. 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. ~1178~11~273312 APPEAL You have the right to aPPeal this action to the Court of Common Pleas (Civi! Division) within 30 days of the mail date, JULY 04, 2001, of this letter. Z~ you ~ile an appeal tn the County Coupt, the Court w111 give you a t~me-stamped cePt~fted co~y o~ 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 SUSPENSION. You must return all current Pennsylvania driver license Products to PennDOT by 08/~8/2001. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-619i COMMONV~2~TH OF PA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSEING, : IN TH~ COURT OF coMMON pLEAS : oF cUMBERLAND CouNTY, : pF_,NNSYL,VA~LA : NO. 01-4.530 CIVIL O~RDEROF cOURT AND NOW this~ gL of September, 2001 upon consideration of the Avpellanes Motion For a continuance and upon learning that the Appellee by and through its attorneys, do not oppose said Continuance, the Molaon ts granted and the previously scheduled hearing is now scheduled for the o, number ~ ~ ,~ Attorney for Appellant George Kabush, Esquixe Attorney for Appellee Commonwealth, DepaxUx-~ent of Transportation CO~t~oNWF-2,LTH OF PA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LiCENSEING, jAMESON E. CHRISTOPHER ^1,p~T · IN THE COURT OF coMMON pLEAS · OF CUMBERLAND cOUNTY, : pENNSYLVANIA : : NO. 01-4530 CIVIL Mo,.rioN_~o c~o NI~ N~F- AND NOW comes the Appellant, Jameson Christopher, by and through his attorneys, ABOM & KUTULAKIS, L.L.P., who respectfully requests that the hearing scheduled for September 25, 2001, pursuant to the Appellant's appeal of his license suspension be continued, and in support thereof avers the following 1. Your Appellant was arrested on June 2, 2001 by a Pennsylvania State Police Trooper for suspicion that he was operating his motor vehicle while under the influence of alcohol. 2. Following the Appellant's arrest, Appellant was brought to Holy Spirit Hospital for medical treatment and so that the Pennsylvania State Police Trooper could obtain a sample of his blood for testing purposes. 3. On that same night, the pennsylvania State Police Trooper, after requesting that the Appellant giv~ a sample of his blood for testing purposes, deemed that the Appellant refused to pro-ride a sample of his blood. 4. On June 20, 2001, pennsylvania State police charged the Appellant with seven (7) different alleged violations of the yehide Code, including ckiving under the influence of alcohol. 5. A preliminary Hearing was held on Monday, September 17, 2001 at the office of District Justice Robert Manlove. 6. The Appellant is next scheduled to appear on November 20, 2001, at 1:30 p.m. for the purposes of a formal a=aignment on the offenses allegedly committed on June 2, 2001. .... a:,~ ~inst him has not yet been 7. Because the criminat matter penu~ ~,--- resolved, the Appellant respectfully requests that the license suspension heating in the above captioned matter be continued pending the disposition of the criminal case. Appellant has concern that any statements made by him during the course of the license suspension hearing may be used against him at the time o£ a later cdminal trial. 8. Appellant's attorney has spoken with the attorney for the Department of Transportation, George Kabusk, Esquire, who indicated that he does not oppose the requested continuance- WHEREFORE, for all the foregoing reasons the Appellant respectfully requests that the license suspension heanng previously scheduled for September 25, 2001, be continued. Respectfully submitted, Al~om & KumlMds, L.L.P. Date: September 17, 2001 ~ I.D. No. 77961 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 24%0900 Distribution List: John A. Aborn, Esquire Attorney for Appellant George Kabusk, Esquire Attorney for the Appellee . Commonwealth, Department of Transportation cOMMONWE2~TH OF PA, DEpARTN[F-2qT OF TRANSPORTATION BURE. AU OF DRIVER LiCENSEING, APPEIJuEE jAMESON ~- CHRISTOPI-I~R ApP~T IN TH~ COURT OF COMMON pLEAS : OF CUlVrI3EIt~AND couNTY, : pE2qNSYLYANIA : : NO. 01-4530 CIVIL CERTIFICATE OF sERVICE I, John A. Aborn, hereby certify that I sereed a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: . · ~--~.4~ent of Transportauon Pennsylvama ~'~}'~- Office of Chief Counsel Third Floor, Riveffront Office Center Harrisbur~ PA 17104-2516 Dated: September 17, 2001 COMMONWEAL OF PENNSYLVANIA BUREAU OF DRIVER LICENCING, Appellee Vo JAMESON E. CHRISTOPHER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA hearing, : 01-4530 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ER F RT AND NOW, this 30th day of November, the appeal of James A. 2001, after Christopher from the suspension of his operator's Department 1547(a) is license is dismissed, and the action of the suspending his operating privileges pursuant to Section sustained. By the Court, Edward E. Guido, J. George Kabusk, Esquire For the Commonwealth John Abom, Esquire For the Defendant it