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Home My WebLink About07-7112DANIEL RYAN MCGRATH, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0:7 - 7,11-x Cc kO 7-1, COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW, comes the Appellant, Daniel Ryan McGrath, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: 1. Appellant resides at 842 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The underlying violation that is alleged for this suspension occurred in Cumberland County. 3. The Appellant received a notice dated October 30, 2007, that as a result of his 08/28/2007 conviction of violating Section 3802B of the Vehicle Code DUI BAC .10-< .16 on 12/30/2006: his driving privilege is suspended for a period of 18 MONTH(S) effective 10/09/2007 at 12:01 a.m. A copy of the Notice is attached as Exhibit "A." 4. The eighteen month suspension is authorized by Section 3802(e)(ii) for individuals convicted of a DUI graded as a misdemeanor of the first degree. 5. Appellant submits that he was convicted of a DUI an ungraded misdemeanor and is therefore to have his driver's license suspended for only one year as authorized by Section 3802(e)(i). WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to order that appellant's license be suspended for one year and not 18 months. Marl IL71ceof ey, Esquire Law OPatrick F. Lauer, Jr., LLC 2108 Meet, Aztec Buil ding Camp Hill, Pennsylvania 17011-4706 Date: November 28, 2007 ID# 84745 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA -?- DEPARTMEINT OF TRANSPORTATION --? Bureau of Driver Licensing "-' Fail Date: OCTOW 301 2007 DANIEL RYAN MCGRATH WIO * 0724136117250815 OU1 842 ACRI ROAD PROCESSING DATE 10/23/2007 DRIVER LICENSE 6 25074024 MECHANICSBURG PA 17055 DATE OF BIRTH 08/01'1979 LICENSE IN BUREAU Dear MR. MCGRATH: This is an official Notice of the Suspension of your Drivfng Privilege as authorized by Section 5804E211 of the Pennsylvania Vehicle Code. As a result of your 08/28/2007 conviction of violatioa Section 55028 of the Vehicle Code DUI SAC .10-<.Id an 12/30/2006e ¦ Your driving privilege is SUSPENDED for d perks! of 18 MONTH(S) effective 1 0/0 912 0 07 at 12:01 B.M. Before PennDOT can restore your driving privilege. You must follow the instructions in this letter for PAYING THE RESTaRATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspensi.onrrevocation, We cannot restore your driving privilege until all, the requirements are satisfied. PRISON RELEASE REQUIREMENT The Court of CUMBERLAND CTY, Court Number 1144, Court Term 2007 has sentenced You to serve a prison term for this violation. Pursuant to Section 1541(a.1) of the Vehicle: Code, You will not receive credit for this suspenslan/revocat,ion or any additional suspension/revocation until you complete your prison term. The Court crust certify your completion 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. 07296&&,17250815 APPEAL You have the right to appeal this action to the Court of Common Fleas (Civil Division) within 30 days of the mail date, OCTOBER 30, 2007, of this letter. If you file an appeal. 3.n the County Court, the Court will give you a time-stamped eel-t Pied 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. tat Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburv, PA 17104-2516 Remember-, this is an OFFICIAL NOTICE OF SUSPENSYON. Sincerely, 4: (?- Z g e, 0 t) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/L1CENSEfDL-16LC/Tea Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, FA 17106-8693 INFORMATION (8.00 IN STATE OUT-OF--STATE TDD IN STATE TDD OUT-OF-STATF AM TO 600 PM) i-soa-932-4600 717-412-5300 i-8oa-228-0676 717.412-5380 DANIEL RYAN MCGRATH, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION I, Marlin L. Markley, Esquire undersigned counsel for Appellant, Daniel Ryan McGrath, hereby verifies and states that: 1. I am the attorney for Appellant, Daniel Ryan McGrath, 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 unworn falsification to authorities. Respectfully f _,A4arlin arey, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 28, 2007 ID# 84745 Tel. (717) 763-1800 DANIEL RYAN MCGRATH, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's License Suspension 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 Date: November 28, 2007 61-/Marlin L. Mar y, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 / u-^ r 1 J Co ? i _ NOV 3 0 20D7 el DANIEL RYAN MCGRATH, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. t) j - '111A C iVi l 1ef wi COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION ORDER OF COURT AND NOW this day of ? 2007, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter on the 6?day of ?Yyl?vlti - AD" at 10" ?0 -a.m./fin. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. a'k 9VVOXQ2 Q?? BY T OURT: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center Harrisburg, PA 17104 410 -Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 <a./Ai/07 ry- } ?? t\,..? ?rv,: ?+Y `jet ,.?t?:. "?.. 1 ?] L ? 1?.:. ? ? , 1^" ? t 7 '' ? N DANIEL RYAN MCGRATH, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 07-7112 CIVIL COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : APPEAL OF OPERATORS LICENSE BUREAU OF DRIVER LICENSING, : SUSPENSION Appellee TO THE PROTHONOTARY: Kindly withdraw the appeal of operator's license suspension that was filed on November 28, 2007, for the above-captioned case. The Parties agree that a license suspension appeal hearing is no longer needed. Marlin L. Mar y, Esquire Law Offices o atrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: March 3, 2008 Distribution: -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 -Daniel Ryan McGrath, 842 Acri Road, Mechanicsburg, PA 17055 -Judge Edgar B. Bayley, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 C =' r z? : i c Co