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Home My WebLink About10-3687MICHAEL THOMAS ELLIOT, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. ~~ 0 3 ~ ~~~ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee APPFAT, nF nPF,RATnR'S T,TC'.FNSF. ST1~PF.NSTnN AND NOW comes the Appellant, Michael Thomas Elliot, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant, Michael Thomas Elliot, resides at 7 Heathersfield Drive, Willow Street, Pennsylvania 17584. 2. Appellant was originally convicted of Possession, Consumption, or Transportation of Alcohol, or Section 6308 on April 1, 2010. 3. Appellant filed a timely appeal of the underlying conviction in the Cumberland County Court at Docket No. CP-21-SA-65-2010, see Exhibit A, Notice of Appeal from Summary Criminal Conviction. 4. A hearing on the Defendant's appeal of the underlying conviction is scheduled for August 17, 2010 at 3:00 pm. in Courtroom 1, Cumberland County, Pa, see Exhibit B, Summary Offense Hearing Notice. 5. Appellant submits that any action taken by the Department of Transportation shall be suspended until after the underlying appeal of the original conviction is resolve~in C,~nberland - County Court. rV ~- -r;;-, ,~ ~... i, -~' W-: p ..,..' X7'9 CK~ -~- '.._. ~, ~ ~ -~ ~; ~..~ , * ~ ;! -x , ~ ~ CC7 ~ / . ' ~ r1 ` CJ~ 7 -<: WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a supersedes of any suspension until this matter is resolved regarding the underlying conviction of Section 6308. Respectfully submitted, ~. d ,~ f~' Panic .Lauer, Jr., Esquire La~v ffices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: June 4, 2010 ID# 46430 Tel. (717) 763-1800 MICHAEL THOMAS ELLIOT, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT 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 Respectfully Pl~tric# F. Lai.~er, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: June 4, 2010 ID# 46430 Tel. (717) 763-1800 MICHAEL THOMAS ELLIOT, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Michael Thomas Elliot, hereby verifies and states that: 1. I am the attorney for Appellant, Michael Thomas Elliot; 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, ..~°._ 7 r-' ~"" .____1 P ick F. L er, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: June 4, 2010 ID# 46430 Tel. (717) 763-1800 EXHIBIT "A" •. ' r ~N THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal. Conviction ~ - ~~ Name and Address of Defendant: Michael T_ Elliot 7 Heathersfield Drive fillillow Street PA Zip 17584 Sis~nature ' ~ / . Decision of Magisterial District Judge: P: ed guilty Name and Address of Magisterial District Judge: ~ionorable Mark Martin 507 N. York Street Mechanicsburg, PA Zip 17055 Magisterial District No. 0 9- 3- 0 5 Date of Decision 4% 1 12010 Offense(s) Appealed Pureh Etc Alcohol 3~:v by Minor Name and mailing address of officer as shown on citation or complaint Officer Mellott Upper Allen PD, 100 Gettysburg Pi Mechanicsburg, PA 17055 If sentence includes fine and costs, amount of which paid: $_ 50.00 / $287.00 balance Type or amount of bail furnished to Magisterial District Judge, if any: Name and Address Magisterial District Judge Docket No. N T- 9 3 -10 Citation No. P848827 A TRUE COPY FROM RECORD ~ir'~e~timonpwhererft~~~--my and the seal >al said Court at Carlisle, F This av of 1f ~ A en (signature) (print name) ~10A Aharkc~t- ~~rrreet- (address) C amri ~Ti 1 1 ~ vA Zip 1 701 1 Phone: 7 6 3-18 0 0 Atty. I.D. #, You will be notified of court hearing date by the District Attorney. If your appeal is from a motor. vehicle conviction that will result on your driver's license being suspended, you my have the Clerk of Courts certify a copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter. Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013 717-240-6250 WHITE -Clerk of Courts GREEN -Affiant's Copy YELLOW -District i s~ CLE OF COURTS udge PINK -DistrictAttomey GOLD -Defendant EXHIBIT "B" CUMBERLAND COUNTY OFFICE OF THE DISTRICT ATTORNEY DAVID J. FREED DISTRICT ATTORNEY May 7, 2010 SiTl~Il~1'ARY OFFENSE HEARING NOTICE Michael T. Elliott 7 Heatherfield Drive Willow Street, PA 17584 RE: Commonwealth v. Michael T. Elliott CP-21-SA-0065-2010 Charge: Appeal from Summary Purchase, Consumption, Possession Transportation of Liquor or Malt or Brewed Beverage Affiant: Ptl. Trenton Mellott Dear Mr. Elliott: You are hereby notified that the hearing in the above-mentioned case will be held at the Cumberland County Courthouse in Carlisle, Pennsylvania, on Tuesday, August 17, 2010, at 3:00 p.m., in Courtroom #1. Bring this letter with you and report to the Fourth Floor of the Courthouse at least fifteen minutes prior to your scheduled hearing time. Any uniformed sheriff on the Fourth Floor can assist you in finding your courtroom. You are required to attend this hearing, or your case will be decided against you. Bring with you all witnesses which you wish to have testify on your behalf. Respectfully, elle H. Sibert Chief Deputy District Attorney cc: File Pt1. Trenton Mellott <Patrck~°F=°- Lauer;== Jr. y> -Esquire Court Administrator CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, ROOM ZO2, CARLISLE, PA 17013 PHONE: (717) 240-6210 TOLL FREE: 1-888-697-0371 Exr. 6210 FAX: (717) 240-6164 e-mail: districtattomey@ccpa.net GDr v Gc MICHAEL THOMAS ELLIOT, Appellant 1 we. ^ ~ k V .__C :. F~ -' 1 __ 1..-. IN THE COURT OF COMMON .PLEAS3OF CUMBERLAND COUNTY, PENNS~I:VANIA ~- w ~. ,:c v NO 10-3687 --f COMMONWEALTH OF PENNSYLVANIA,: Appeal Nonc Pro Tunct DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING,- Appellee APPF.i.LANT'S MnTinN F(1R f'nNTiNi1ANCF. AND NOW, comes the Appellant, Michael Thomas Elliot, by and through his attorney, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant is scheduled for a hearing regarding Appellant's Appeal Nonc Pro Tunct on Wednesday, September 1, 2010 at 1:00 p.m. in the above-captioned case. 2. Appellant's counsel is presently conducting ongoing plea negotiations with the District Attorney's Office and an agreement has not yet been finalized. 3. Appellant's counsel has contacted Philip Bricknell, Assistant Counsel, Pennsylvania Department of Transportation, regarding the Appellant's request for' continuance and Assistant Counsel Bricknell has no objection. 4. Commonwealth will not be prejudiced as a result of the Appellant's first request for a continuance. 5. Appellant waives his rights to a speedy trial pursuant to Rule 600 of the Pennsylvania Rules of Criminal Procedure. WHEREFORE, the Appellant respectfully requests your Honorable Court to grant a continuance of his case until the next term of court... Date: ~ ~~\ Respectfully submitted, L Patri k F. Lauer, Esquire Law Offices ofPatrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D# 46430 Tel. (717) 763-1800 MICHAEL THOMAS ELLIOT, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 10-3687 COMMONWEALTH OF PENNSYLVANIA,: Appeal Nonc Pro Tunct DEPARTMENT OF TRANSPORTATION, BUREAU OF IIRN'ER LICENSING, Appellee ATTnRNF.Y VFRiFif'ATinN I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Michael Thomas Elliot, hereby verifies and states that: L I am the attorney for Appellant, Michael Thomas Elliot; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Motion are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Motion 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: Respectfully submitted, Pa ck F. Lauer, squire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, .Pennsylvania 17011-4706. ID# 46430 Tel. (717) 763-1.800 MICHAEL THOMAS ELLIOT, ; IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-3687 COMMONWEALTH OF PENNSYLVANIA,: Appeal None Pro Tunct DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee I hereby certify that I am this day serving a copy of the foregoing Appellant's Motion for Continuance upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, postage paid and addressed as follows: Philip Bricknell, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel River&ont Office Center 1101 South Front Street, Third Floor Harrisburg, PA 17104 Date: Respectfully submitted, C Pa 'ck F. Lauer, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 1 70 1 1-4706 ID# 46430 Tel. (717) 763-1800 AUG 1 8 ZU1U MICHAEL THOMAS ELLIOT, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-3687 COMMONWEALTH OF PENNSYLVANIA,: Appeal Nonc Pro Tunct DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AND NOW this 9 day of August, 2010, upon consideration of the Appellant's Motion for Conti uance, the Motion ' reby The case is continued until the ! ayof d d , 2010, at V• 3 y o'clod M. BY TH J. 0 .N 0 ?o 0 o? Philip Bricknell, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 1101 South Front Street, Third Floor, Harrisburg, PA 17104 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 MICHAEL T. ELLIOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF N0.2010-3687 CIVIL TERM PENNSYLVANIA, DEPARTMENT OF . TRANSPORTATION, BUREAU OF DRIVER LICENSING: ORDER OF COURT AND NOW, this 15TH day of OCTOBER, 2010, by agreement of the parties the hearing in this matter is continued to WEDNESDAY, OCTOBER 27, 2010, at 9:30 a.m. in Courtroom # 3. Patrick F. Lauer, Jr., Esquire hilip Bricknell, Esquire :sld l.:.D~ t ~S jolt 4 ~10 ~~ ~'a ~ B ourt, Edward E. Guido, J. ~ o -~, -~ ~ --~ s ~ ~~ ~ ~ ~ ~-- -gym ~ ~~ --- ~ =~~ ~ , r--~- o ~~ ~~, z ~ ~ ` o c ~ 0 y~ - ~ -~ w D ~ ~ `- -< MICHAEL T. ELLIOT, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. . COMMONWEALTH OF PENNSYLVANIA, NO. 2010-3687 CIVIL TERM DEPARTMENT OF TRANSPORTATION, n p BUREAU OF DRIVER LICENSING, ~~ ~, Respondent m°; ° ORDER ~ ~ --~ ..`"~ ~ ~ <~' ,,• AND NOW, this 27th day of October, 2010, the appeal filed in tbc~e referenced matter is: _' z W -~ .~ '_ X REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATE. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. 0 -n -~ ~~ M~ ~fTt ~~ o , -+o =-r, o-n z~ om D -< WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED AND RESCHEDULED FOR THE DAY OF , 2010, AT _.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. BY TH J. Attest: ~atrick F. Lauer, Jr., Esq., The Law Offices of Patrick Lauer, Jr., LLC, 2108 Market Street, -Aztec Building, Camp Hill, PA 17011 ~ilip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ~.o iFs gnat /d ~?~ ~ U ~-r'1