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HomeMy WebLinkAbout00-07744 . ALBERT JOSEPH AMES, . . Appellant . . . . . . . , v. . . . . . . COMMONWEALTH OF PENNSYLVANIA, . . DEPARTMENT OF TRANSPORTATION, . . BUREAU OF DRIVER LICENSING, . . Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 77t.t'l c'~~ll~ Appeal of Operators License Suspension ORDER OF COURT AND NOW this SId- day of -fJ ?~C!~~CJ 2000, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held matter at on the 1'L:Iu day of 1.d/'ULd:A1 --e in Courtroom No. I of the Cumberland County Courthouse, Carlisle, Pennsylvania. regarding this f~~' at /:~ I ' A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(I) until such time that this honorable court resolves this appeal. BY THE COURT: off / J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, PA 17011 I ~ ~ /1_ 7-W r'":J ~ 'IJ~ /!-h-oO ~ 1)(1) iIliIItiiriIi!lii ]~y- ......"llii;f<JIJ",..;:"~>'d&j'di:il''',;."'''d''''''"-'''''''o, '." ,;"_>",. '-, -,"0,;d-~,. ""1:t"'&ci.I,d"rI,,,,b;'I\'~-~~dilir4iM~~~Jila"u.l>iU".Ih_igMlIl$!RlOllmiili~~ Il!' o ~,~ _~__"~"-"-""~"'^r---, ,~ ,. "u ..'~ ,,-~~ " , "" ~,"'- -' ,,~ OF ~-ic-~D'~:~_~:~~r~~ . " ' "" ;>\!iJTAI:l,Y , ".'1..' ,( 00 NOV -6 PM 3: 36 CUM8E.F:LJ",D COUNTY PENNSYLVANIA d _""'~" ~,,,,..,<, " . '" ' ,'~~" '" "~~~"-",^, 1__ "..... i i , ALBERT JOSEPH AMES, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . NO. MJ. 77 'f 'f C,;;..e I ~ v. : . . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension . . APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Albert Joseph Ames, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 11-C Richland Lane, Apartment 10, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Appellant received a notice dated October 12, 2000, that , !i , result of his alleged violation of Pennsylvania Vehicle as a Code Section 1543B, offenses related to alcohol, his driving privilege was being suspended for a period of two year, effective suspension date July 15, 2012, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". " 3. The Appellant filed a Summary Criminal Conviction Appeal before your Honorable Court on or about November 1, 2000 regarding his conviction on October 4, 2000. 4. The Appellant submits that there has not been a final disposition of his appeal and that he would be unduly prejudiced if the suspension were to be imposed at this time. 5. There was insufficient evidence to convict the Appellant. 'em r " 'I 6. The Appellant denies he committed the offense. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to reverse the Department's Order to suspend his Pennsylvania operating privileges. Respectfully submitted, z Date: 11-1-60 ) atrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID* 46430 Tel. (717) 763-1800 ALBERT JOSEPH AMES, . IN THE COURT OF COMMON PLEAS OF . Appellant . CUMBERLAND COUNTY, PENNSYLVANIA . : . . . NO. . v. : . . . . COMMONWEALTH OF PENNSYLVANIA, . Appeal of Operators License . DEPARTMENT OF TRANSPORTATION, . Suspension . BUREAU OF DRIVER LICENSING, Appellee . . ATTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Albert Joseph Ames, hereby verifies and states that: 1. I am the attorney for Appellant, Albert Joseph Ames; 2. I am authorized to make this verification on my client' s behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: II- /-&0 ~/~ rick: F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID* 46430 Tel. (717) 763-1800 II ,I ALBERT JOSEPH AMES, . IN THE COURT OF COMMON PLEAS OF . Appellant . CUMBERLAND COUNTY, PENNSYLVANIA . . . . . : NO. v. . . . . . . COMMONWEALTH OF PENNSYLVANIA, : Appeal of Operators License DEPARTMENT OF TRANSPORTATION, . Suspension . BUREAU OF DRIVER LICENSING, . . Appellee : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: II--I-"cc/ atrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID* 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 12, 2000 ALBERT JOSEPH l1-C RICHLAND APT 10 CAMP HILL PA AMES LANE WID I 002799283244665 001 PROCESSING DATE 10/05/2000 DRIVER LICENSE I 12856277 DATE OF BIRTH 05/06/1946 17011 LICENSE IN BUREAU Dear MR. AMES: This is an Official Notice of the Revocation of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 10/04/2000 conviction of violating Section 1543B of the Vehicle Code DRVNG UNDR ALCHOL REL SUS on 05/10/2000: . Your driving privilege. is REVOKED for a period of 2 YEAR(S) effective 07/15/2012 at 12:01 a.m. This revocation is in addition to any other suspensions already on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Zmportant: 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. r 002799283244665 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, OCTOBER 12, 2000. If you file an appeal in the County Court, the Court will give you a time-stamped certified COpy of' the appeal. Send this time-stamped certified COpy of the appeal by certified mail to: . PENNSYLVANZA DEPARTMENT OF TRANSPORTATION OFFZCE OF CHZEF COUNSEL THZRD FLOOR, RZVERFRONT OFFZCE CENTER HARRZSBURG, PA. 17104-2516 Remember, this is an OFFZCIAL NOTICE OF REVOCATZON. Sincerely, .~~,~ 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 INFORMATION (7:00 IN S!ATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE '1'11 AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT' OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 10/06/00 ALBERT JOSEPH AMES ll-C RICBLAND LANE APT 10 CAMP HILL PA 170ll DRIVER'S LICENSE NUMBER: 12856277 BIRTH DATE: 05/06/46 Dear MR. AMES : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. The date when you are eligible to have your driving privilege restored has not been determined. To determine this ELIGIBILITY DATE, you must resolve any issues listed in this letter as DRIVER'S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a $25.00 restoration fee to PennDOT. Write your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PennDOT. ),- - --, "'~- \-"^' \, LICENSE NO. : 12856277 PAGE 2 PROOF OF INSURANCE -within ,30 days of your ELIGIBtLITY DATE; provide a copy of one of the following to PennDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PennDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your. name, address, driver's license number and date of birth on the statement. LEARNER'S PERMIT -You must apply for a learner's permit. You may make application 30 days BEFORE your eligibility date. *If an eligibility date DOES appear at the end of this letter and you WITHIN 30 days of that date, visit a PennIlOT Driver License Center to obtain a Pennsylvania Driver's Manual. The manual provides the instructions and the Medical Qualifications Certificate (DL-180A) which is required to be completed prior to applying for a learner's permit. Once you have studied the manual and had a physical, please return to a Driver License Center with t~is letter, your completed Medical Qualifications Certificate (DL-l80A) and a check or money order for all nec- essary fees. You will be given a vision test and a traffic signs and knowledge test at that time. *If an eligibility date DOES NOT appear at the end of this letter, you must resolve any issues listed in ~his letter as DRIVER'S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL to determine your eligibility date. INDEFINITE SUSPENSION -A judgment, resulting from an accident in which you were involved, was filed against you in the following court: County: CUMBERLAND CTY Term: 81 Number: 003357 Accident Date:05/l9/8l To satisfy this judgment, you must do one of the following: (l)Provide PennDOT with an official document, signed and sealed, from the prothonotary of CUMBERLAND CTY, indicating the judgment was paid in full or, (2)Pr6vide PennDOT with a letter of agreement from the judgment creditor that payments will be made on a regular basis. The jud~ent creditor is the person or company who filed the judgment agalnst you. f"""~ >I,,~< . ~ ,. T . LICENSE NO. : 12856277 PAGE 3 INDEFINITE SUSPENSION -A judgment~ resulting from an accident in which you were involved, was filed against you in the following court: County: YORK COUNTY Term: 1982 Number: 001461 Accident Date:05/l9/8l To satisfy this judgment, you must do one of the following: (l)Provide PennDOT with an official document, signed and sealed, from the prothonotary of YORK COUNTY, indicating the judgment was paid in full or, (2)Provide PennDOT with a letter of agreement from the judgment creditor that payments will be made on'a regular basis. The judgment creditor is the person or company who filed the judgment ~gainst you. INDEFINITE SUSPENSION -A judgment, resulting from an accident in which you were involved, was filed against you in the following court: County: DAUPHIN COUNTY Term: 85 Number: 002239 Accident Date:07/22/84 To satisfy this judgment, you must do one of the following: (l)provide PennDOT with an official document, signed and sealed, from the prothonotary of DAUPHIN COUNTY, indicating the judgment was. paid in full or, (2)Provide PennDOT with a letter of agreement from the judgment creditor that payments will be made on a regular basis. The judgment creditor is the person or company who filed the judgment against you. TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/15/99. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/99 and will end on 07/15/01. The suspension/revocation resulted from a violation on 12/16/86 of Section 1543, DRIVING WHILE SUSP/REVOKE TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/15/01. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/01 and will end on 07/15/03. The suspension/revocation resulted from a violation on 08/02/87 of Section 1543, DRIVING WHILE SUSP/REVOKE r I~'~ 1 ' LIC~NSE NO. : 12856277 PAGE 4 T~RM SUSPENSION/REVOCATION . -You have a 2 YEAR(S) suspension/revoc~tion that began (or will begin) on 07/15/03. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/03 and will end on 07/15/05. The suspension/revocation resulted from a violation on 06/14/87 of Section 3928, UNAUTHORIZED USE OF AUTO T~RM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 07/15/05. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/05 and will end on 07/15/06. The suspension/revocation resulted from a violation on 08/25/90 of Section 1547, CHEMICAL TEST REFUSAL T~RM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/15/06. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/06 and will end on 07/15/08. The suspension/revocation resulted from a violation on 08/25/90 of Section 3731, DRIVING UNDER INFLUENCE TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/15/08. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/08 and will end on 07/15/10. . The suspension/revocation resulted from a yiolation on 08/25/90 of Section 1543, DRIVING WHILE SUSP/REVOKE TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/15/10. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/10 and will end on 07/15/12. The suspension/revocation resulted from a violation on 03/13/91 of Section 1543, DRIVING WHILE SUSP/REVOKE TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/15/12. Credit for serving this suspension/revoca- tion began (or will begin) on 07/15/12 and will end on 07/15/14. The suspension/revocation resulted from a violation on 05/10/00 of Section l543B, DRVNG UNDR ALCHOL REL SUS l"""' , . ~, _ rA <~"-~ LICENSE NO. I 12856277 PAGE 5 This letteridentifie~ the requirements necessary to restore your .. d~iving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PennDOT. Thank you. MAILING ADDRESS: PennDOT . Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDO IN STATE TDD OUT-OF-STATE AM to 9:00 PM) 1-800":932'-4600 717-391-6190 1-800-228-0676 717-391-6191 r- - . I ~,~." ALBERT JOSEPH AMES, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-7744 CIVIL TERM APPEAL OF OPERATORS LICENSE SUSPENSION PRAECIPE TO WITHDRAW APPEAL OF OPERATORS LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the appeal in the above captioned case. Date: 1// '5'J 2.6D{ 1 , '1,'l-, ~", , ,~---~-t-. - , ,) Respectfully submitted: ~~ Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-47'06 ID# 84745 Tel. (717) 763-1800 "' -~-~. .^ -'""-~~- " ~,.",I'!I'~ - ~If~- Z::<:-, ':;-, ~~2L .;=_::~ :::.::':: ';--~ '~; 2,~_~ -:7 :-::! o C.... ~ - r.__ -..._1 .r:-" :::> ....! =.~ ..-m~mm~_'ffl'II!i<;\'<!<I~'N~~~~~ ~_ ,lI!MIIlJ~_~L .".----,-"" ALBERT JOSEPH AMES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendant NO. 00-7744 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of February, 2001, upon consideration of the praecipe to withdraw the appeal of operator's license suspension filed on January 17, 2001, the hearing previously scheduled for February 8, 2001, is cancelled. BY THE COURT, ,. y ~~ <,\,0\ t O~O* J Marlin Markley, Esq. Law Offices of Patrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Appellant George Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee :rc ", , ,,^" n. "",_~ . . -'I ;Mij;u&iIl" ~'ll:ii;llJli.11j~il]jjilo_':';~I!I_~_""K,,;,,*"!il:!"'!,:,ill-,,._,,,,,,,,,W>!(."p.;:M","""'-il>-,,~;";,t<l~.;",!IU~ ,-C' ,~~~ ^~ l'I".N,,~J,,~,!,., .JL,L "'.~'o>..,.,.,,,.,.."... ." ,-~-<- . ,-' ~ilillllilllkWllillli&!.jll( 11 8fliW~' !i ;;r',"f"'n, - 1(;t1f U"l,.. ! rCf:t> u ",7 f',j I CW~iP;c : .') 7 --"-.h, -' J'):: ',"'/'",1\., -~NNSHY" COC'i\ih, -vi.,Nl4 .! r ".c_",. ". ililllliltll!l ""