HomeMy WebLinkAbout08-7207IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
NO.- C9 - 7a01 alvil Ter?1
a
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING SERIVCES
V.
CHARLES MACGREGOR
PETITION FOR LICENSE SUSPENSION APPEAL
Above Petitioner, by counsel, David R. Erhard, makes above motion as set forth
below:
1. On November 10, 2008, Petitioner was convicted of Driving under suspension under
75 Pa.C.S. §1543(a) in the office of Magisterial District Justice Paula Correal in a
case docketed at TR-3339-08.1
2. By attached letter dated November 17, 2008, Penn DOT sent Petitioner official
notice of suspension of his driving privileges for violating 75 Pa.C.S. §1543(a). This
letter indicates a suspension for a period of one year effective November 17, 2008,
at 12:01 a.m., and a right to appeal to the court within thirty days of the mail date.
3. Petitioner hereby appeals from such suspension.
1 Docket sheet is attached.
,?N-1 ORIGINAL
r
4.
5.
6.
The basis for the suspension appeal is that Defendant has appealed the underlying
conviction for the violation of 75 Pa.C.S. §1543(a), and anticipates that his
conviction will be undone through said appeal to the Cumberland County Court of
Common Pleas.z
The license suspension is premature in view of the summary appeal.
Accordingly, Petitioner petitions the Court to grant a supersedeas of the license
suspension pending the outcome of a hearing on this matter.
Dated:
Respectfully submitted,
STEVE RICE, P.C.
David R. Erhard, ID No. 203314
Attorney for Petitioner
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
'At the time of the filing of this petition, Defendant has mailed the summary appeal document for filing, but
has not yet received a time-stamped copy. A copy of the summary appeal document (as mailed) has bees
attached.
2
Magisterial District Judge 09-2-01
Docket Number: TR-0003339-08
Traffic Citation Docket
COMMONWEALTH OF PENNSYLVANIA
V.
MACGREGOR, CHARLES LYNN
Page 1 of 1
Judge Assigned: CORREAL, PAULA P Issue Date: 09/19/2008
OTN: File Date: 09/19/2008
Arresting Agency: NEWVILLE PSP, TURNPIKE Case Disp: Guilty By Plea
Arresting Officer: GEARHART, NEIL L Disp Date: 11/10/2008
Complaint/Incident # R0113380-1 Requested: $0.00
County: CUMBERLAND Judgment: $0.00
Township: NORTH MIDDLETON TWP Case Status: Adjudicated
Name: MACGREGOR, CHARLES LYNN Address: HANOVER, PA 17331
Date Of Birth: 12/05/1978 Sex: Male
Race:
# Charge Grade Description Disposition
1 75 § 1543 §§ A _
S DRIV WHILE dPER PRIV SUSP OR REVOKED Guilty Plea (Lower Court)
Total Due: $250.00 Total Adj: $0.00
Total Paid: $250.00 Balance: $0.00
Name: GEARHART, NEIL L
1200
Printed: 11/28/2008 5:25 pm
Recent entries made in the court filing offices may not be i ediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative ce of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) maybe subject to civil liability asset forth in 18 Pa.C.S. Section 9183.
FROM : POLLARD
PHONE NO. : 814 793 2543 NOV. 28 2008 04:39PM P1
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: NOVEMBER 17, 2008
CHARLES LYNN MACGREGOR WID a 083159283686730 001
124 E CHESTNUT ST PROCESSING DATE 11/10/2008
DRIVER LICENSE * 24919039
HANOVER PA 17331 DATE OF BIRTH 12/05/1976
Dea r M:R. • MA-CGRE.GUR.: • _
This is an official Notice
privilege as authorized by
Vehicle Code. As a result
of
violating Section 1543A o
SUSP/REVOKE on 09/17/2008:
of the suspension of your Driving
Section 1543 of the Pennsylvania
of your 11/10/2008 conviction of
the Vehicle Code DRIVING WHILE
¦ Your driving privilege is SUSPENDED for a period of 1
YEAR(S) effective 11/17/2008 at 12:01 a.m.
This suspension is in addition to any other suspensions al-
ready on your record.
COMPLYING WITH THIS SUSPENSION
PennDOT records indicate that your driving privilege is
currently suspended/revoked. You must return all current
Pennsylvania driver's licenses, learner's permits, tempo-
rary driver's licenses (camera cards) in your possession
IMMEDIA'T'ELY.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
_?--
PURPOSES. • However, you may, apply for and obtain.
--,` a any rives "License Center for a cost
of $10.00. 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 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.
' FROM : POLLARD
083159283686730
PHONE NO. : 814 793 2543 NOV. 28 2008 04:39PM P2
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), camera
card(s), and/or a sworn notarized letter, PennDOT will
send you a re_ cei.pt„,coAfi_rming_ the date • t•hat__cred.it• .b•e- -- --
gins. 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 pro-
ducts, we must refer this matter to the Pennsylvania
State police for prosecution under SECTION 1571(x)(4)
of the Pennsylvania Vehicle Code.
PROVIDING PROOF OF INSURANCE
Within the last 30 days of your suspension/revocationp 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.
IMPORTANT: 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
f..-t#,is-I-e-tie-r-- - -?-- -.._.____.._._•-. &REEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, NOVEMBER 17, 2008, 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 certi-
fied copy of the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief dounsel
Third Floor, Rive,rfront Office Center
Harrisburg, PA 117104-2516
I FROM : POLLARD PHONE NO, : 814 793 2543
083159283686730
NOV. 28 2008 04:40PM P3
dr erSlicAenseoproducts
must return all curt n tPennsylvania Cv
must
to PennDOY IMMEDIATELY.
Sincerely#
steve rice
CRIMINAL DEFENSE
' Steve Rice, P.C.
Times Square Building
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
December 2, 2008
Clerk of Courts Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: Com. v. Charles MacGregor, TR-3338-3339-08
To Whom It May Concern:
' Phone: 717.339.0011
Fax: 717.339.0010
Email: info@attomeydce.com
Please file the enclosed SUMMARY APPEAL for the above case(s) and send me one time-date
stamped copy for my records. Thank you.
STEVE RICE, P.C.
/s_ I'f _t'? L??G172 /??
David R. Erhard
Attorney for Defendant
Enclosures: No
Copyto: File, D
Prepared by: AG
I defend people accused of crimes
IN THE COURT OF COMMON PLEAS, COUNTY OF .....L.q.W..6 r. B. ......................
Notice of Appeal from Summary Criminal Conviction
flame and Address of Defendant:
.Uvwlt ...... ftu'..&rt?af ...................................................
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DateJ. d./.*.9 ..............
Issuing Authority Docket No.r.R...+..33.3.9.... *..3.J.... 9 - 0 b
Citation ?.1....... ;.... ..U..?.?.3 J7 1.... 0
Magisterial District No........V....l.•. v'••••••••••••.•••••••••••••
appeal from sentence of....... .....{!d ......Q ........ .................................................................................................................................
?. ?. A.nt .....of...
)ate of Sentence: .....?..?.?.d .d" ................. Offense(s)ofwhich convicted...'.t?! tV..... 1tu 1.I' .....b?QY...?.Y 1.V.. $.l?S. .... .V....X.f..??* d...j............
.................??.Q.l.....?.ul.....Q....l!Y1..i. ......?.N'l'! m.....:............................................................................................................................................
Name and mailing address of affiant as shown on citation
or complaint .... ...61.1...C--rt4r r.t ......................................
.M.vo.Y. S. k.... O..P...,....... 4 9 .....(l." r...l..........
11l .w.? ?..11...,...?A .......................... o.a.y.! ..............
Name and address of issuing authority:
...............plalkla ....... Corr u. aA ...................................................
......... .a..o....sp.ri ...........Aoj..f....S..k.3 .....................
'?c.r..I:r,s..1....,...P ................................... ZIP..../...7...oi. 3......
Phone?7..1..I..b.?.. 5
If sentence includes fine and costs, amount of which paid:
............................5g..............................................................................
Type or amount of bail furnished to issuing authority, if any:
................................. .....................................................................................
Name and address of o2 0' 3? /y
Attorney for Defend t: t
(signature) ........ .... ......... .' ............................................................
(Print name)....b.a.vi- ..... 9..... Er, ha.4 ........................................
(y Ci,,"l?sl? S+ Says Phone?(` -OD/I
(street)...?p ....... ......................j............. .... }?..2... 3.31 ..............
(address).Rh.S I.I. .....I..I?C? .................... ZIP../../..c?. .............
O COPY
AOPC 415-80 CLERK OF COURT
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below.
Service by Certified Mail, Return Receipt Requested:
PennDOT
Office of Chief Counsel
3`d Floor, Riverfront Office Ctr.
Harrisburg, PA 17104-2516
717-787-2830
Service by First Class Mail to the Clerk of Courts:
Taryn Dixon
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717.240.6200
1, ??- " ? 7 ?'
David R. Erhard, Esq., No. 203314
Attorney for Petitioner
Dated: A/ 0 'V 0 5
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DEC 1 12(,'8
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
0 ?'" ? LJv I L???'''
NO.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING SERIVCES
V.
CHARLES MACGREGOR
ORDER
AND NOW, this L day of , 2008, in consideration of the
attached PETITION FOR LICENSE SUSPENSION APPEAL, the Court or ers that 9 3d 4. Ir1 ??
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
MOTION FOR CONTINUANCE
Above Defendant, by counsel, David R. Erhard, makes above motion as set forth
below:
1. Defendant is scheduled for a license suspension appeal hearing on February 20,
2009 at 9:30 a.m. Defendant's pending license suspension is the result of a
conviction for driving under suspension via 75 Pa.C.S. §15439(a).
2. Defendant is scheduled for a summary appeal hearing on March 3, 2009 at 9:00
a.m. before the Cumberland County Court of Common Pleas, as he is appealing the
aforementioned conviction(s) that led to his pending license suspension.
3. It is necessary to determine the disposition of the summary appeal hearing before
holding the license suspension appeal hearing.
61 ORIGINAL
FOR ABOVE REASONS AND OR FACTS, Defendant respectfully requests that the
license suspension appeal hearing be continued to a date following the summary appeal
hearing and that undersigned be consulted about the scheduling of that hearing.
Respectfully submitted,
STEVE RICE, P.C.
Dated: f /° 10P T
??4 ,000&
David R. Erhard, ID No. 203314
Attorney for Defendant
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
2
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below. The manner of service satisfies the
requirements of Pa.R.Crim.P. 576.
Service by _ Personal Delivery _ Leaving Copy at Office 1:?_irst Class Mail:
District Attorney's Office
Cumberland County Courthouse
1 Courthouse Square, 3R
Carlisle, PA 17013
717-240-6210
Service by _ Leaving in Assigned Box at Clerk of Courts eF(rst Class Mail:
Taryn N. Dixon
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 3R
Carlisle, PA 17013
717-240-6200
; / &, /, 4 f "',-
David R. Erhard, Esq., No. 203314
Attorney for Defendant
Dated: //////gg
F-73 {
JAN 0 8 200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
ORDER
, 2009, in consideration of the
AND NOW, this ,gay of
attached MOTTON FOR CONTINUANCE, the Court orders that:
- Such motion is granted. License suspension appeal hearing is continued until
j?f/? AeVoo 2009 a t The •u erve a copy of this order on each party's attorney, or
the party if unrepresented, by any method of service authorized under Pa.R.Crim.P.114(B).
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
MOTION FOR CONTINUANCE
Above Appellant, by counsel, David R. Erhard, makes above motion as set forth
below:
1. Appellant is scheduled for a license suspension appeal hearing on March 11, 2009
at 11:30 a.m. Appellant's pending license suspension is the result of a conviction
for driving under suspension via 75 Pa.C.S. §15439(a).
2. Undersigned counsel appeared on behalf of Appellant for a summary appeal
hearing on March 3, 2009 at 9:00 a.m. before the Cumberland County Court of
Common Pleas, as he was/is appealing the aforementioned conviction that led to
his pending license suspension.
3. Appellant is enlisted in the U.S. Army Reserves and was deployed to Baghdad in
January of 2009 pursuant to active duty and to participate in Operation Iraqi
48 ORIGIML
Freedom. A copy of an email from Appellant's father to undersigned and a copy of
4.
5
6.
Appellant's military orders are attached.
At the summary appeal for the underlying conviction in this matter, the
Commonwealth agreed to continue the case to the call until Defendant/Appellant
could be present for court. The tentative agreement is that Appellant's 75 Pa.C.S.
1543(a) charge will be withdrawn pursuant to a plea agreement.
Undersigned has been in contact with Appellant's father, Daryl Pollard, since
Appellant has been deployed. Pollard indicates that Appellant has been told that
he may be allowed to return to the United States in September of 2009.
It is necessary to determine the disposition of the summary appeal hearing before
holding the license suspension appeal hearing.
FOR ABOVE REASONS AND OR FACTS, Defendant respectfully requests that the
license suspension appeal hearing be continued until October of 2009 in order for
Appellant to resolve the summary conviction underlying his license suspension appeal.
Dated: 3la ?/O '7
Respectfully submitted,
STEVE RICE, P.C.
David R. Erhard, ID No. 203314
Attorney for Defendant
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
2
FROM : POLLARD PHONE NO. : 814 793 2543 MAR. 01 2009 05:29PM P1
Page 1 of 1
Subj. AddMW
Date. I) M9 8:49:33 A.M. Fastem Standard Time
From: chadesmacgregor&phoo. com
TO. DEPFTKN0XQao1. cam
Hey Dad,
Hello just wanted to say hi and miss you guys. Here Is my address for kag,
SSG MacGregor Charles
Cco ?1112th
Unit #43007
Camp Liberty
APO, AE 09344-3005
David:
Sorry you were unaware of Chuck being deployed by the PA Nat. Guard at this
time. Following are his orders for the original deployment to several
southern states for training before going to Iraq. His unit, the 56th
Stryker command shipped from Fort Dix, NJ to Bagdadh in early January,
2009. His mailing address and E-mail address are listed above. Thank
you for your help. Looking forward to a positive hearing.
Daryl E. Pollard,Father and POA
1537 Cross Cove Road
Martinsburg, PA 16662
814-793--2543
814-934-3096 (Cell)
n MMt - 2 209
I LO
STEVE RICE, P.C.
FROM : POLLARD PHONE NO. : 814 793 2543
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
THE ADJUTANT GWZPJkL
ANNVILLE, PENNSYLVANIA 17003-5002
ORDERS 220175
MACGREGOR CHAPJXS L 210-58--5147 SSG CO C (-^) 2/112TH INF
(TU2C0-628) 1081 ZION ROAD AEI"FONTE PA
MAR. 01 2009 05:30PM P2
07 August 2008
16823
You are ordered to active duty as a member of your Reserve Component Unit for
the period indicated unless sooner released or unless extended. proceed from
your current location in sufficient time to report by the date specified.
You enter active duty upon reporting to unit home station.
FZPORT TO ROME STATION: 19 September 2008, ALTOONA,PA
REPORT TO MOB STATION: 27 September 2008, CP Shelby,MS
Period of active duty: Not to exceed 400 days
Purpose:' Operation Iraqi Freedom-CO C 2-112 INF
Mobilization Category Code: G
Additional instructions:
(a) Army One Source is available. to assist Soldiers and family members to
seek solutions in dealing with life's issues and questions during
deployment. Contact by phone at (US 1-800--464-8107 or outside the US at
1-404-530-5889).
(b) This is an unaccompanied tour. Storage of URG and/or one POV is
authorized for single Soldiersi Soldiers married to another service member
when both are deployed; Soldier married to another service member residing
at different permanent duty stations; and Soldiers who are single parents
with a childcare plan that requires the dependent to leave the residence.
When RC Soldiers execute storage option for HHG, BAB is not authorized.
(c) If authorized, RC Soldiers will coordinate with the installation
transportation officer (ITO) to ascertain the requirements/availability
to store a vehicle on the installation. RC Soldiers will first ascertain
the availability of vehicle storage at the unit prior to contaotIng the ITO
(d) Sure Pay is mandatory. Bring the appropriate documentation to authorize
sure pay to the bank (SF 1199). Bring copies of marriage certificate,
divorce decree, birth certificate of natural children or documentation of
dependency/ child support, family care plan, wills, powers of attorney and
other documents affecting pay status. Pay stratus reported in DJMS-RC A24.
Transaction: must be O (Alpha Character). Per Diem Authorized IAW JFTR.
(e) ID Card and Tags required on person while on Government orders.
Panographic Dental X-Rays or SF 603 and HIV Screen required if not current.
You and your dependents, as your agents, authorized PX/COM/THEATER and
med care during the period covered by this order; The National Defense
Authorization Act 2004 see 703 authorizes early eligibility for health care
benefits.
(f) You are ordered to AD with the consent of the Governor or other appropriate
authority of your state.
(g) Demobilization of units is prohibited without prior approval of HQ DA.
Individual members of the unit will demobilize with the unit unless
provisions of AR 635-100 or AR 635200 apply; Send DD form 214 to Unit
of Assignment. You will return to the place of initial entry on AD for
Outprocessing/Refrad.
FROM : POLLARD
PHONE NO. : 814 793 2543 MAR. 01 2009 05:30PM P3
ORDERS 220-175 HQ PA NC, OTAG, 07 August 2008
Additional instructions (cont):
(h) Dependents of RC Soldiers ordered to active duty for more than 30-days are
eligible for he same benefits (e.g., medical care, TRICARE, comTissary/PX
benefits, legal assistance, use of MWR facilities, etc) as dependents of
regular Army Soldiers (but excluding dental, which requires orders to AD
for over 180-days). For TRICARE details call 1-888-DoD-CARE or go to
www.tricare.osd.mil/reserve/ or email TRICARE help@ammedd.army.mil
(i) The Soldier is responsible to ensure dependents are issued DD Form 1172,
Active Duty dependent ID cards, To locate the nearest ID card facility near
your home visit web site www.dmdc.osd/rsl (Rapids site locator by state,
city, zip code).
(j) The soldier will be excluded from the active Army end-strength per
10 USC 115 and will not be placed on the active-duty list
(10 USC 620 and 10 USC 641).
(k) Pursuant to Presidential Executive Order 13223 (14 Sep 2001 ), you are
relieved from your present Reserve Component status and are ordered to
report for a period of active duty not to exceed 25 days for mobilization
processing. Proceed from your present location in sufficient time to
report by the date specified,
(1) If upon reporting for Active Duty you fail to meet deployment medical
standards (whether because of a temporary or permanent medical condition),
then you may be released from Active Duty, returned to your prior reserve
status and returned to your home address, subject to a subsequent order
to active duty upon resolution of the disqualifying medical condition.
(m) It upon reporting for Active Duty, you are found to satisfy medical
deployment standards, then you are further ordered to Active Duty for
period not to exceed (400) days, such period to include the period (not to
exceed 25 days) required for mobilization processing.
(n) Call 1-800-336--4590 (National Committee for Employer Support of the Guard
and Reserve) or check on-line at www.ESGR.org if you have questions
regarding your employment or re-employment rights.
(o) Excess baggage is authorized,
(p) Meals and lodging will be provided at no cost to the Soldier. Claims for
reimbursement require a statement of non-availability control number.
(q) For unresolved pay issues, contact the ARNG Pay Ombudsman at toll-,free
1-877-ARNGPAY or by email at ARNG-MILPAYWSG-FSC.NGB.ARMY, MIL
FOR ARMY USE
Auth: Title 10 USC Section 12302
Acct clas:
Snl pay/alw: 2182010.0000 01-1100 P2X2A00 ll**/12** VIRQ F9203 $570 512120
Enl tvl/pd: 2182020.0000 Bl BlTC 135197 212i/21T2/22NL/2578/2579 (SON) VIRQ
F4210
Ent pay/alw: 2192010.0000 01-1100 P2XZA00 ll**/12** VIRQ F9203 5570 512120
Enl tvl/pd: 2192020.0000 B1 B1TC 135197 21T1/2lT2/22NL/2578/2579 (SDN) VIRQ
Sex: M
MDC: PM
PMOS/AOS/ASI/LIC: 11B3,
HOR: 124 E CHESTNUT ST
DOR: 18-MAY-07
PEED: 12-FEB-98
Security Clearance: N
Comp: ARNGUS
Format: 165
YY , YY
HANOVER PA17331
FROM : POLLARD
PHONE NO. : 814 793 2543 MAR. 01 2009 05:31PM P4
ORDERS 220-115 HQ PA NO, OTAG, 07 August 2008
FOR THE ADJUTANT GENERAL:
DISTRIBUTION:
DCSOPS-T
\\ xQ, PAARNG
\\ OFFICIAL
BARRY T. LOWEN
Col, Pa"G
Chief of Staff
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below.
Service by Certified Mail, Return Receipt Requested:
Penn DOT
Office of Chief Counsel
3'd Floor, Riverfront Office Ctr.
Harrisburg, PA 17104-2516
717.787.2830
Service by Leaving in Assigned Box at Clerk of Courts:
Taryn Dixon, Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
David R. Erhard, Esq., No. 203314
Attorney for Petitioner
Dated:
C'! ;"*?
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MAR 0 9 2009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
ORDER
AND NOW, this (dih day of 2009, in consideration of the
attached MOTION FOR CONTINUANCE, the Court orders that:
Such motion is granted. License suspension appeal hearing is continued until hi y
o' G r , 2009 at 1 3 0 4.041
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
MOTION FOR CONTINUANCE
Above Petitioner, by counsel, David R. Erhard, makes above motion as set forth
below:
1. Petitioner filed a petition for license suspension appeal on December 9, 2008. A
hearing on his petition is scheduled for Friday October 9, 2009 at 9:30 a.m.
2. The underlying cause of Petitioner's license suspension is a November 11, 2008
conviction for a violation of 75 Pa.C.S. §1543(a) (Driving while operating privilege
is suspended or revoked). Petitioner subsequently appealed this conviction to the
Cumberland County Court of Common Pleas.
3. On October 6, 2009, Petitioner's charge of 75 Pa.C.S. §1543(a) was withdrawn by
the Commonwealth in exchange for a guilty plea to 75 Pa.C.S. §1501(a) (Driving
4 ONGINAL
without a license).' Thus, the 75 Pa.C.S. §1543(a) charge underlying the license
4.
5.
suspension appeal is no longer at issue.
Petitioner anticipates that, once the appropriate paperwork is forwarded to Penn
DOT from the clerk of courts, his petition for license suspension appeal will be
rendered moot. However, Petitioner does not desire to cause This Honorable Court
of the parties to be called to court to litigate this matter.
For the above facts and/or reasons, Defendant respectfully requests that this
matter be continued at least thirty days from October 9, 2009 in order for the
parties to discuss an out-of-court resolution to this matter.
Dated:
/a ?pG'lO j
Respectfully submitted,
STEVE RICE, P.C.
c
David R. Erhard, ID No. 203314
Attorney for Defendant
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
' There was a substantial delay of the summary appeal and license suspension appeal in this matter.
Petitioner is in the military and was serving in Iraq. His proceedings were delayed until he returned to the
United States.
2
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below.
Service by Certified Mail, Return Receipt Requested:
PennDOT
Office of Chief Counsel
3`d Floor, Riverfront Office Ctr.
Harrisburg, PA 17104-2516
717-787-2830
Service by First Class Mail to the Clerk of Courts:
Taryn Dixon
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717.240.6200
David R. Erhard, Esq., No. 203314
Attorney for Petitioner
Dated:
2G 99 6 ;-r -0' 1 ''I J
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
ORDER
AND NOW, this G of 0 d.'?* , 2009, in consideration of
Defendant's MOTION FOR CONTINUANCE, the Court orders that:
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HE OCT 12 AN 0= 03
CL'J r«,; Y
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, `
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
MOTION FOR CONTINUANCE
1.
2.
3.
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4 q
N
Above Petitioner, by counsel, David R. Erhard, makes above motion, as set forth below:
Defendant is scheduled for a license suspension appeal hearing on December 21, 2009.
The charge underlying the license suspension is a November 11, 2008 conviction for a
violation of 75 Pa.C.S.§1543 (a) (Driving while operating privilege is suspended or
revoked). Petitioner subsequently appealed this conviction to the Cumberland County
Court of Common Pleas.
On October 6, 2009, Petitioner's charge of 75 Pa.C.S.§1543(a) was withdrawn by the
Commonwealth in exchange for a guilty plea to 75 Pa.C.S.§1501(a) (Driving without a
license). Thus the 75 Pa.C.S. § 1543(a) charge underlying the license suspension appeal is
no longer an issue.
41 WGIML
4. According to the Cumberland County Clerk of Courts' office, the appropriate paperwork was
sent on October 9, 2009, to PennDOT reflecting the amended charge. Phillip Bricknell, Esq.
counsel for PennDOT, has indicated to undersigned that PennDOT has not yet received this
paperwork and therefore is unable to classify the license suspension appeal as moot.
5. Undersigned counsel has attempted to have the Clerk of Courts forward proof of the
amended charge directly to Bricknell, but the office of the Clerk of Courts has repeatedly
refused to do so.
6. Undersigned counsel has a scheduling conflict on December 21, 2009 with matters in both
Adams and Franklin Counties. After his discussion with attorney Bricknell, undersigned
believes that this matter will be resolved without a hearing.'
7. Attorney for PennDOT, Philip Bricknell, is not opposed to this request.
FOR ABOVE REASONS AND FACTS, Defendant respectfully requests that this matter be
continued at least 30 days from December 21, 2009, in order for the necessary paperwork
to be verified by PennDOT and/or for the parties to discuss an out-of court resolution to
this matter.
'Attorney Brickn ell has indicated a willingness to personally visit the Clerk of Courts while present in Carlisle in
December for appeals unrelated to this instant matter.
Dated: 71®
Respectfully submitted,
STEVE RICE, P.C.
c
David R. Erhard, ID No. 203314
Attorney for Defendant
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below. The manner of service satisfies the
requirements of Pa.R.Civ.P. 440.
Service by First Class Mail:
PennDOT
Office of Chief Counsel
3?d Floor, Riverfront Office Ctr.
Harrisburg, PA 17104-2516
Service by First Class Mail:
Taryn Dixon, Court Administrator
Cumberland County Court Administrator's Office
1 Courthouse Square, 3R
Carlisle, PA 17013
David R. Erhard, Esq., No. 203314
Attorney for Defendant
Dated: / 02 a 7 /a
E[LED-?'' -r-'CE
1, IONOTAPY
2009 DEC -9 PM 2= 30
-,'._? UhfiN
PERNI SYLVAINI A
DEC 10 2009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR
ORDER
eK
AND NOW, this _10 L day of , 2009, in consideration of
MOTION FOR CONTINUANCE, the Court orders that:
Such motion is granted. The license suspension appeal is continued until ?? D
2010 at Tbo •
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loc.
FILED-OFiCE
OF THE PROTPONOTARY
2009 DEC ! 1 AM ID: 5 9
CUB, r Y , :y'UN Y
F'F+NN3YLV'llV
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING
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V. -
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CHARLES MACGREGOR °
MOTION TO WITHDRAW APPEAL
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Above Petitioner, by counsel, David R. Erhard, makes above motion as set forth
below:
2.
3.
Petitioner filed a petition for license suspension appeal on December 9, 2008. A
hearing on his petition is scheduled for Friday October 9, 2009 at 9:30 a.m.
The underlying cause of Petitioner's license suspension is a November 11, 2008
conviction for a violation of 75 Pa.C.S. §1543(a) (Driving while operating privilege
is suspended or revoked). Petitioner subsequently appealed this conviction to the
Cumberland County Court of Common Pleas.
On October 6, 2009, Petitioner's charge of 75 Pa.C.S. §1543(a) was withdrawn by
the Commonwealth in exchange for a guilty plea to 75 Pa.C.S. §1501(a) (Driving
ki ORIGINAL
without a license). Thus, the 75 Pa.C.S. §1543(a) charge underlying the license
4.
5.
6.
suspension appeal and its accompanying suspension is no longer at issue.
The appropriate paperwork which would indicate that the disposition of the
underlying charge was modified to a violation of §1501(a) was somehow not
processed by Penn DOT. It is unclear where or how this oversight took place.1
On January 15, 2010, Attorney Phillip Bricknell, Esq. for the Office of the Chief
Counsel for Penn DOT indicated to undersigned that, since the date of petitioner's
last continuance request in this matter, December 7, 2009, he has personally gone
to the Cumberland County Clerk of Courts and verified the information averred in
paragraph 3 as being correct. Thus, the issue underlying Defendant's appeal has
been rendered moot.
For the above facts and/or reasons, Defendant respectfully requests that his appeal
in this matter be withdrawn.
Dated: l ??d
Respectfully submitted,
STEVE RIC , P.C.
David R. Erhard, ID No. 203314
Attorney for Defendant
'Undersigned counsel was in contact with the Office of Chief Counsel and the Cumberland County Clerk of
Courts several times. The Clerk of Courts repeatedly indicated that they had sent the appropriate form, a DL-
21, indicating the outcome of the October 6, 2009 summary appealto Penn DOT. Penn DOT repeatedly
indicated that their records did not show that such a form was ever received. Penn DOT requires that a DL-21
form come directly from a clerk of courts, and will not accept material forwarded from private counsel.
Despite numerous requests from undersigned counsel for them to do so, the Clerk of Courts refused to fax a
copy of the DL-21 form to Penn DOT.
2
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below.
Service by Certified Mail, Return Receipt Requested:
PennDOT
Office of Chief Counsel
3rd Floor, Riverfront Office Ctr.
Harrisburg, PA 17104-2516
717-787-2830
Service by First Class Mail to the Clerk of Courts:
Taryn Dixon
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717.240.6200
David R. Erhar , Esq., No. 203314
Attorney for Petitioner
Dated: ?d
,• + r
3
JAN 2, y 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
cn ^'
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING.
V.
CHARLES MACGREGOR
ORDER
AND NOW, this aa?day of , 2010, in consideration of
Defendant's MOTION TO WITHDRAW A EAL, the Court orders that:
J.
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?.-{G.c-
?o` { rnaLLL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL
08-7207
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
n
BUREAU OF DRIVER'S LICENSING
V.
CHARLES MACGREGOR J
CxJ
MOTION TO WITHDRAW APPEAL
Cf ,
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Above Petitioner, by counsel, David R. Erhard, makes above motion as set forth
below:
1. Petitioner filed a petition for license suspension appeal on December 9, 2008. A
hearing on his petition is scheduled for Friday October 9, 2009 at 9:30 a.m.
2. The underlying cause of Petitioner's license suspension is a November 11, 2008
conviction for a violation of 75 Pa.C.S. §1543(a) (Driving white operating privilege
is suspended or revoked). Petitioner subsequently appealed this conviction to the
Cumberland County Court of Common Pleas.
3. On October 6, 2009, Petitioner's charge of 75 Pa.C.S. §1543(a) was withdrawn by
the Commonwealth in exchange for a guilty plea to 75 Pa.C.S. §1501(a) (Driving
iN ORIGINAL
? ?
without a license). Thus, the 75 Pa.C.S. §1543(a) charge underlying the license
suspension appeal and its accompanying suspension is no longer at issue.
4. The appropriate paperwork which would indicate that the disposition of the
underlying charge was modified to a violation of §1501(a) was somehow not
processed by Penn DOT. It is unclear where or how this oversight took place.1
5. On January 15, 2010, Attorney Phillip Bricknell, Esq. for the Office of the Chief
Counsel for Penn DOT indicated to undersigned that, since the date of petitioner's
last continuance request in this matter, December 7, 2009, he has personally gone
to the Cumberland County Clerk of Courts and verified the information averred in
paragraph 3 as being correct. Thus, the issue underlying Defendant's appeal has
been rendered moot.
6. For the above facts and/or reasons, Defendant respectfully requests that his appeal
in this matter be withdrawn.
Dated: 1 / l l 114:01
Respectfully submitted,
C.
STEVE RIC , P. C*
C? l Z-?
David R. Erhard, ID No. 203314
Attorney for Defendant
1 Undersigned counsel was in contact with the Office of Chief Counsel and the Cumberland County Clerk of
Courts several times. The Clerk of Courts repeatedly indicated that they had sent the appropriate form, a DL-
21, indicating the outcome of the October 6, 2009 summary appeal to Penn DOT. Penn DOT repeatedly
indicated that their records did not show that such a form was ever received. Penn DOT requires that a DL-21
form come directly from a clerk of courts, and will not accept material forwarded from private counsel.
Despite numerous requests from undersigned counsel for them to do so, the Clerk of Courts refused to fax a
copy of the DL-21 form to Penn DOT.
2
18 Carlisle Street, Suite 215
Gettysburg, PA 17325
717.339.0011
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the persons and in the manner indicated below.
Service by Certified Mail, Return Receipt Requested:
PennDOT
Office of Chief Counsel
3rd Floor, Riverfront Office Ctr.
Harrisburg, PA 17104-2516
717-787-2830
Service by First Class Mail to the Clerk of Courts:
Taryn Dixon
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717.240.6200
David R. Erhar , Esq., No. 203314
Attorney for Petitioner
Dated: / ? /a