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STEPHEN E. SEYMORE,
Appellant
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6610 Civil
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVER LICENSING,
Appellee
ORnER 01< C'OTJRT
AND NOW, this ;'.3 ~y of ~llUltttY 2002, upon consideration of Appel!ant's
request for a continuance, it is hereby Ordered that this case be continued until Q"j Ilif V ~
2002 at e : 3d G~ in Courtroom s.... of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
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L-I -PA Dept. of Transportation, Office of Chief Counse~ Third Floor, Riverfront Office Center,
. Harrisburg, PA 17104 - Georg e. 1<0...'o\..l...5K
l-/-PatrickF. Lauer, Jf., Esq., 2108 Market 81., Camp Hill, PA 17011
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STEPHEN E. SEYMORE,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-6610 Civil
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVER LICENSING,
Appellee
A,PP~T.T.4. NT'~ DRQJTF,ST ROD rnNTTNTT.4. N~
AND NOW comes the Appellant, Stephen E. Seymore, by and through his attorney, Patrick F.
Lauer, Jr., Esquire, and respectfully avers the following:
1. The Defendant was convicted of3 731 (A)(I), driving under the influence on May 16, 2001.
2. The Defendant was found not guilty of3731(A)( 4).
3. Post-Trial Motions were filed and denied before the trial court.
4. A direct appeal was filed before the Superior Court on August 21, 2001.
5. Briefs have been filed by the Commonwealth and the Defense, and Oral Arguments are in
the process of being scheduled before the Superior Court.
6. On October 31,2001, the Appellant was notified by the Commonwealth of Pennsylvania,
Department of Transportation that his license were being suspended for one year as a result
of his conviction ofDUI.
7. The Defendant submits that the license suspension hearing is premature since the
Defendant's conviction is being appealed before the Superior Court.
8. Defense counsel has spoken with Attorney George Kabusk of the Pennsylvania
Department of Transportation and he has no objection to the continuance of the license
suspension appeal hearing scheduled for Friday, January 25, 2002 at 8:30 a.m. before the
Honorable Judge Edward Guido until the case is deposed of by the Superior Court.
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WHEREFORE, defense counsel hereby respectfully requests that this hearing be
rescheduled/continued for a later date after the Superior Court resolves these issues.
Date:
I /zz/O v
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Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID#46430 Te1.(717)763-1800
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STEPHEN E. SEYMORE,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 01-6610 Civil
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVER LICENSING,
Appellee
A TTORNIi'V VERTmCA nON
I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Stephen E. Seymore,
hereby verifies and states that:
1. I am the attorney for Appellant, Stephen E. Seymore;
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 filets 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.
Date: ~
l{/T/vI
PatrickF. Lauer, Jr., Esqwre
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID#46430 Te1.(717)763-1800
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STEPHEN E. SEYMORE,
Appellant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6610 Civil
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVER LICENSING,
Appellee
rERTmTr A TE OR SERVTrE
I hereby certifY that I am this day serving a copy of the foregoing APPELLANT'S REQUEST
FOR CONTINUANCE 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, P A 17104
Date:
,
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Respectfully submitted,
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Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
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STEPHEN E. SEYMORE,
Appellant P
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:: NO. 0l- ~Cel 0 cw.<:t
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRlVERUCENSING,
Appellee
AND NOW this / 1 ~ day 0;';::: ~F~~2001, upon consideration of the within
APPEAL OF OPERATORS UCENSE S~}PENSIO~it is hereby ordered that a,hearing shaI1 be
held regarding this matter at on the ;;.stn dayofllAAlUAteY ?olJ-J.. at8. 30et'..~.
in Courtroom No...5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
A supersedeas is granted pursuant to Vehicle Code Section 155O(b )(1) until such time that this
honorable court resolves this appeal.
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Distribution:
-PA Dept. of Transportation, Office of Chief Counse~ Third Floor, Riverfront Office Center, .
Harrisburg, P A 17104 n' (1'.~ . J
-PatrickF.Lauer, Jr., Esq., 2108 Market St., CampHill,PA 17011 L- ~ -fYl' N.
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STEPHENE. SEYMORE,
Appellant
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:' NO. t3/- 10(016
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRlVERUCENSING,
Appellee
A PPEAT. OR T .Tn.N~E ~TTSPEN~TON
AND NOW comes the Appellant, Stephen E. Seymore, by and through his attorney, Patrick F.
Lauer, Jr., Esquire, and respectfully avers the following:
1. Appellant resides at 908 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. The Appellant received a notice dated October 31,2001, that as a result of his conviction on
May 16, 2001 of PemJSylvania Vehicle Code Section 3731, driving under the influence, his driving
privileges were being suspended for a period of one year, effective suspension date December 5, 2001,
at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A".
3. The Appellant filed an appeal with Superior Court on August 21, 200 1 and said case is
docketed at 1366 MDA 2001.
4. The Appellant submits that there has not been a final disposition ofhis 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.
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
I' operating privileges. Respectfully submitted, ,
tM f twY
PatrickF. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10#46430 Tel. (717) 763-1800
Date: II J,;)+ / /)1
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STEPHEN E. SEYMORE,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:. NO. 0[- Ct>CaJ6
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF 1RANSPORTATION, : Suspension
BUREAU OF DRNERLICENSING,
Appellee
A 'J'TORNF,V VF.R1FJ('A nON
I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Stephen E. Seymore,
hereby verifies and states that:
1. I am the attorney for Appellant, Stephen E. Seymore;
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:~
PatrickF. Lauer, Jr., E uire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10#46430 Tel. (717) 763-1800
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STEPHEN E. SEYMORE,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:. NO. ()/- G,~J6
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVERllCENSING,
Appellee
rERTJFJl'A n. OF SF,RVTrE
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 fonows:
Pennsylvania Department ofTransportajion
Office of ChiefCounse1
Third Floor, Riverfront Office Center
Hanisburg, PA 17104
Respectfully submitted,
Date: fr lz 11 () f
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2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10#46430 Tel. (717) 763-1800
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 31, 2001
STEPHEN E SEYMORE
908 ALLENVIEW DRIVE
MECHANICSBURG PA 17055
WID i 012976117507150 DOL
PROCESSING DATE 10/24/2001
DRIVER LICENSE i 21684591
DATE OF BIRTH 09/20/1968
Dear MR. SEYMORE:
Ihis is an Official Notice of the Suspe"sion of your Driving
Privilege as authorized by Section 1532B of the PennsYlvania
Vehicle Code. As a result of your 05/16/2001 conviction of
violating Section 3731 of the Vehicle Code DRIVING UNDER
INFLUENCE on 04/15/2000:
. Your driving privilege is SUSPENDED fo~ a pe~iod of 1
VEAR(S) effective 12/05/2001 at 12:01 a.m.
***********************************************************
I WARNING: If you are convicted of driving while your I
I license is suspended/revoked the penalties will be a I
I MINIMUM of 90 days imprisonment AND a 1,000 fine AND I
I your driving privilege will be suspended/revoked for I
I a MINIMUM 1 year period I
****~******************************************************
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 inst~uctions ve~Y
carefu~lY. Even if you have se~ved all the time on the
suspension/~evocation, we cannot ~esto~e your d~iving p~iv-
ilege until all the ~equi~ements a~e 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 12/05/2001. You may
surrender these items before, 12/05/2001, 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
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012976117507150
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 ~eceive c~edit towa~d se~ving any suspension
until we ~eceive you!' license(s). Complete the following
steps to acknowledge this suspension.
1. Return all current PennsYlvania driver's licenses,
learner's permits and/or C;3mera 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 17106-8693
2. Upon receipt, review and acceptance of your PennsYlvania
driver's licensees), learner's permit(s), and/or a sworn
notarized letter, PennOOT 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.
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 SECTIDN 1571 (a) (4)
of the Pennsylvania Vehicle Code.
PRISON RELEASE REOUIREMENT (ACTI51)
The Court of CUMBERLAND CTY, Court Number 002555, Court Term
2000 has sentenced you to serve a prison term for this vi-
olation. Pursuant to Section 1541(13.1) of the Vehicle Code,
yoU will not receive credit for this suspension/revocation
or any additional suspension/revocation until you complete
your prison term and you have complied with the requirements
listed in this letter. The Court must certifY your com-
pletion to PennDOT. You may wish to contact your probation
officer and/or the Court after your release to make sure
that PennDOT is properly notified.
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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
credi t.
3. Follow the payment and mailing instructions on the back
of the application.
IGNITION INTERLOCK
Before your driving privilege can be restored you are re-
quired by law to have all vehicle(s) owned by you to be
equipped with an Ignition Interlock System. This is a result
of your conviction for Driving Under the Influence. If you
fail to comply with this requirement, your driving privilege
will remain suspended for an additional year. You will re-
ceive more information regarding this requirement approxi-
mately 50 days before your eligibility date.
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.
Impo~tant: Please make sure that PennDOT
move from your current address. You may
your address change by calling any of
listed at the end of this letter.
is notified if you
notify PennDOT of
the phone numbers
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APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, OCTOBER 31, 2001, of this letter. IT YOU Tile an ap-
peal in the County Cou~t, the Cou~t will give yOU a time-
stamped ce~tiTied COpy oT the appeal. In order for your
appeal to be valid, yOU must send this time-stamped certi-
fied 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 12/05/2001.
Sincerely,
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Rebecca L. Bickley, Director
Bureau of Driver Licensing
IN STATE
OUT-OF-STATE
WEB SITE ADDRESS
INFORMATION 7:00 a.m. to 9:00 p.m.
1-800-932-4600 TDD IN STATE
717-391-6190 TDD OUT-OF-STATE
www.dot.state.pa.us
1-800-228-0676
717-391-6191
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STEPHEN E. SEYMORE,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
01-6610 CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
IN RE:
CONTINUANCE
ORDER OF COURT
AND NOW, this 3rd day of May, 2002, at the
request of Appellant, and without objection by the Commonwealth,
this matter is continued to Monday, September, 23, 2002, at
8:30 a.m.
Guido, J.
1}eorge Kabusk, Esquire
Attorney for Appellee
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)patrick F. Lauer, Jr., Esquire
Attorney for Appellant
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STEPHEN E. SEYMORE,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V AN1A
v.
: NO. 01-6610
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVER LICENSING,
Appellee
PRA EC'TPE TO WITHnRA W A PPEA T. OF OPERA TORS T .Tl"'ENSE STTSPIi'.NSTON
TO THE PROTHONOTARY:
Kindly withdraw the license appeal in the above captioned case. The Parties agree that
Appellant's license appeal is moot.
Respectfully submitted:
Date: If (t/cZ-
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1atrickF. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10#46430 Tel. (717) 763-1800
Distribution:
-PADept. of Transportation, Office ofChiefCounse~ Attn: George H. Kabusk, Esq.,
Third Floor, Riverfront Office Center, Harrisburg, PA 17104
-PatrickF. Lauer, Jr., Esq., 2108 Market St., Camp Hill, PA 17011
-Stephen E. Seymore, PO Box 575, Mechanicsburg, P A 17055
-Judge Edward Guido, Cumberland County Courthouse, One Courthouse Square,
Carlisle, PA 17013
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