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Home My WebLink About07-5410BENJt~MIlV KYLE LAUER, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. O~ - Sy~d ~=l ~~ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPAIRTMENT OF TRANSPORTATION, :Suspension BUR~jAU OF DRIVER LICENSING, : Appellee APPFAi, nF ~IWF.RAT(N2'4 i.iCF.NRF .~iTCPFN~inN AND NOW comes the Appellant, Benjamin Kyle Lauer, by and through his attorneys, the Lawv Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. '~, Appellant resides at 40 Manda Creek Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. 'The underlying violation that is alleged for this suspension occurred in Cumberland Country. 3. ,The Appellant received a notice dated August 21, 2007, that as a result of his August 13, 2407, conviction of violating § 3367 of the Vehicle Code, Racing on Highways on August 4, 20~J7, that his driving privilege is suspended for a .period of six (6) months, effective September 25, 2007, at 12:01 a.m. A copy of the Notice is attached as Exhibit "A." 4. I The Appellant received notice dated August 21, 2007, that as a result of his August 13, 2007,; conviction of violating § 3714A of the Vehicle Code, Careless Driving on August 4, 2007, that his driving privilege is suspended for a period of fifteen (15) days, effective Mazch 25, 2008. A copy of the Notice is attached as Exhibit "B." 5. ,~ The Appellant filed a Summary Criminal Conviction Appeal in Cumberland County Court on S~ptember 5, 2007 regazding his conviction on August 13, 2007. A copy of the Summary Appel is attached as Exhibit "C." 6. ~, 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. 7. There was insui~'icient evidence to convict the Appellant. 8. '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. Date: - ~ ~" Z GD Respectfully Marlin L.~l~squire Law Offi s of P trick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 BENJAMIlV KYLE LAUER, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMIytONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee I, Mazlin L. Markley, Esquire, undersigned counsel for Appellant, Benjamin Kyle Lauer, hereby verifies and states that: 1. I am the attorney for Appellant, Benjamin Kyle Lauer; 2. I am authorized to make this verification on my client's behalf; 3. ;The facts set forth in the foregoing Appeal aze known to me and not necessarily to my clienty 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 submitte ~ Mazlin~I~ ey, Esq Law O ce of Fatrick F. Lauer, Jr., LLC . 2108 Maz et Street, Aztec Building ~ l - ~ ~' a' Camp Hil ,Pennsylvania 17011-4706 Date:', ID# $4745 Tel. (717) 763-1800 BENJAMIl~T KYLE LAUER, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPA~tTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee 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 ~^ 1 ~ zdaT Date: Respectfully Marlin L. ley, Esq. Law Offices of Patric .Lauer, Jr., LLC 2108 Market Street, ec Building Camp Hill, Pennsyl 'a 17011-4706 ID# 84745 Tel. (717) 763-1800 ~~~h~~' ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 21, 2007 BENJAMIN KYLE LAVER WID ~ 072269283945200 001 40 MANADA CREEK CIR PROCESSING DATE 08/14/2007 DRIVER LICENSE ~ 27639539 CARLISLE PA 17013 DATE 4F BIRTH Q8/24/1986 Dear MR. LAVER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 08/13/2007 conviction of violating Section 3367 of the Vehicle Code RACING ON HIGHWAYS on 08/04/2007: • Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 09~25i2007 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 ail the time on the suspensionirevocation, we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cardsa in- yo-u~---~sas-tes-s-~o~--®~n_ or .before 89r2~/2-007. -Yoa maY surrender these items before,. 09/25/2007, 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 510.00. You must. present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, 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. 072269283945200 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 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. IMPORTANT: Please make sure that PennDOT is notitied 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, AUGUST 21, 2007, 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 tos 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 09/25/2007. Sincerely, ~~ ~~~ Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing R.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 072269283945200 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: 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 receive 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 products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)t4) 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. 072269283945212 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 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.0. 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 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 SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. APPEAL You have the right t-o appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 21, 2007, of this letter. I• 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 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 09/25/2007. x~Q b; ~- .6 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION $ureau of Driver Licensing Mail Date: AUGUST 21, 2007 BENJAMIN KYLE LAVER WID ~ 07229283945212 D01 40 MANADA CREEK CIR PROCESSING DATE 08114/20D7 DRIVER LICENSE ~ 27639539 CARLISLE PA 17013 DATE OF BIRTH 08/24/1986 Dear MR. LAVER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 08/13/2007 conviction of violating Section 3714A of the Vehicle Code, CARELESS DRIV- ING, on 08/04/2007: ^ Your driving privilege is SUSPENDED for a period o• 15 DAY(S) effective 03i25~2008 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to Your driver's license record. There- fore, PennDOT is assigning this additional 15 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. 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 09/25/2007. You may surrender these items before, 09/25/2007, 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 010.00. 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. 072269283945212 Sincerely, ~~~ Janet L. Dolan, Director Bureau of Driver licensing ~NFQRMATION 8:00 a.m. to 6:00 a.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-QF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.aa.us r~ ~,,,`~ b ~x IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Beniamin Kvle Lauer Name and Address of District Justice: Honorable Susan K. Da PO Box 167 Carlisle PA Zip 17013 Signature ~~ Mt. Holly Springs, PA Zip 17065 Magisterial District No. 09-3-03 Decision of District )ustice: Pled guilty Date of Decision 8/13/2007 Offense(s) Appealed Racing on highways and careless driving,. Name and mailing address of officer as shown on citation or complaint Trooper ,Johnston ,~ 1538 Commerce Avenue: Carlisle, PA 17013 District Justice Docket No. ` TR-51-75-07 Citation No. Q` 0061549-5 tf sentence includes fine and, ecosts, amount of~which paid: $ 357.50 (~4.0'~ W/~~, f ~ Type or amount of bail furnished to District ustice, if any: Name and Address orn (signature) (print name) Marli L. Markley, Esq 2108 Market Street (address) Camp Hill, PA Zip 17011 Phone: 763-1800 Atty.1.D.# 84745 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. 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 of the appeal for your use in requesting a delay in that suspension. hereby certify that an appeal had been filed in the above captioned matter. CLERK OF COURTS WHITE -Clerk of Courts GREEN -Affiant's Copy YELLOW -District Justice PINK -District Attorney GOLD -Defendant ~ , * ~y lri ~ ~ + C ~~ O O' ~ ~ N %• ~~ aPi~~~,, BENJAMIN KYLE LAUER, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 0'7- .5~1o Civit Tefwt COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee nRnTR nF C'niTRT AND NOW this ~ ~ day of ~}t/~, 2007, upon consideration of the within APPEAL OF OPERATORS LICENSE SU~S~P~E(,NSION, it is hereby ordered that a hearing shall be held regarding this matter at on the a~~' day of ~`"~ , at~a~n./p.m. in Courtroom No. ~- of the Cumberland County Courthouse, Cazlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b}(1) until such time that this honorable court resolves this appeal. Harrisburg, PA 171 4 -Mazlin L. Mazkley, Esq., 108 Mazket Street, Camp Hill, PA 17011 D'stribution: ~A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, /~ ~~ y .s"- ., , . t"` ~~ ~ ' ~~ ~ ~"" ~,:~ ..-~ ~ `~ ~ a ,~ +C""i - `t t. r -i; BENJAMIN KYLE LAUER, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v' NO. 07-5410 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee ~ ~ AND NOW ties Z day of 2007, the hearing on the APPEAL OF OPERATORS LICENSE SUSPENSION scheduled for.: Monday, November 26, 2007 at 3:30 p.m. is hereby rescheduled to Thursday, December 27, 2007 at 3:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550 b 1 until such time that ~)~) this honorable court resolves this appeal. Distribution: ~A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2~Og Market Street, Camp Hill, PA 17011 - ~/ ~ ~~ :, ~" ~ c~ ~- :' ~ -?' t~ -~- °- - ~ :~ `~ [ ~ ~ r1i ~'lLl '~ : ' ! ti `.'t ! . '` Q r-- ~ N BENJAMIN KYLE LAVER, :1N THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-5410 Civil Term COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee TO THE PROTHONOTARY: Kindly withdraw the appeal of operator's license suspension that was filed on September 12, 2007, for the above-captioned case. The Parties agree that Appellant's license suspension appeal hearing scheduled for December 27, 2007 at 3:30 p.m. is n ng needed. MarH'L. M kley, Esquire Law Office of Patrick F. Lauer, Jr., LLC 2108 Mar et Street, Aztec Building Camp Hil ,Pennsylvania 1 70 1 1-4706 ID# 84745 Tel. (717) 763-1800 Date: December 26, 2007 Distribution: -Honorable Edgar B. Bayley, Cumberland County Courthouse, l Courthouse Sq, Carlisle, PA 17013 -PA Dept. of Transportation, Office of Chief Counsel, George H. Kabusk, Esq., Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -Benjamin Kyle Lauer, 40 Manada Creek Circle, Carlisle, PA 17013 ~ ~ ~_ ~''~' o ?"1i e~ iTl t'7 ~~-~" ~ ~.' ~.,~ ~' "L7 ~-~-' fir, :~ ~~`-'' ` ``-x C~ =jam. ;= :. N ~ i'r'1 _ --t t~.? c.D