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Home My WebLink About10-5362aoro ~~ t~ PM a cl ~ , ~.:, STEVEN GIORDA~10., : IN THE COURT OF COMMON PLEAS OF Appellar~fi= :CUMBERLAND COUNTY, PENNSYLVANIA v. - . : No. ~o -y3~~. ~'w~tT~rw COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee APPF.AT, nF nPF,RAT()R'~ T,T(:F,N~F ~TT~PF.NCTnN AND NOW comes the Appellant, Steven Giordano, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant, Steven Giordano, resides at 253 Taylor .Road, Springfield, Pennsylvania 19064. 2. Appellant has been accused of refusing to submit to a chemical test and was given an Office Notice of Suspension, mailed July 23, 2010, see Exhibit A, Official Notice of Suspension. 3. Appellant denies he refused to submit to a chemical test. 4. Appellant submits the police officer lacked a reasonable basis to believe Appellant was under the influence of alcohol. 5. Appellant submits the police officer lacked a reasonable suspicion to believe Appellant was under the influence of alcohol. 6. Appellant's actions did not constitute a refusal to take a chemical test. 7. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of his license until a hearing has been held. ~Qa .oo PA ~m ~~ fi33 R~~ay~s~a WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a supersedeas of any suspension until this matter is resolved regarding the underlying conviction of Section 1547BII. Date: ~ ~ Respectfully Petrick F.I Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 STEVE GIORDANO, : 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, Steven Giordano, hereby verifies and states that: 1. I am the attorney for Appellant, Steven Giordano; 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. ~. C~ Date: 1,~, Respectfully submitted, Pa 'ck F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 f~8r1~i ~~315 13:56 6162841u?6 MICHaELJ3AXTER P~C~ 3:,`N_ COMMDNWEALTN OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing ~____~ Mail Date: JULY 23, 2010 S~'EVEH G14RDAN0 *-~WID ~ 101°l7b6913441Z9 001 253 TAYLOR RD PROCESSING DATE 07136/2020 DRIVER LICENSE p 24881].64 SPRINGFIELD PA 19064 RATE OF BIRTH t77lt76l19ga This is an Official Notice d• the SUripehSioh of your Driving Privilege as authorized by Section 15~i7Bli of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of thrR vehicle Code, CHEMICAL TEST REFUSAL, on 06/25!2010: 'Your driving privilege is SUSPENDED for a period. of l YEAIt(5} effective 08~27~2010 at 12:01 a.m. COMPLYING WITH THIS SIjSpENSION You must return all current Pennsylvania driver's licenses, learner's perreita, temporary driver's licenses tcamera rartis).in your possession vn ur before 08/27f2D10. Yau may surrender these items before, 08/2712010, for earlier credit: however, you may not drive after these items are sa~rrendered. YOU MAY Nt?T RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PtJRPORRS. However, you may apply far and abtain a photo identification card at any driver License Center for a cost of f12.00. You must present two t2) forms of Praiser iden- tification Ca.i3., birth certificate, valid U,S, passpt+rt, identification card. 'You will not receive t:redit toward serv3hg soy autcpension until ae receive your licansets). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or caswera cards to PennDDT. If you do not have any of these items, send a sworn nata~ razed letter stating you are aware of the suspension of your drivfin9 privilege. You must specify in your letter why you are unablo to return your driver's' license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvan9a~ Departe+ierlt of TransPortatlrys'~ 98~10I2910 13:56 5192841476 101476691344119 WI ICHf~ELBP~}~TER Ht?GE 92f H.3 Sursau of braver licensing P.0, Box 6Bb93 Harrisburg, PA 1710.6-$693 2. Upon recaipt, rlviaw And accoptancq off' your Pennsylvanim driver's license(s), learner's permit(s), andlar a sworn notarized letter, PennDOT kill send you a receipt con- fir~nxng the date that credit began, If you r!o not re- CeYVP_ a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit ~._.,_._~.taytar~s.g~~e ~„hjc cLcp~siQn._,,.~en OT phone numbers _ .~OQ .,._. _ . .-_ ~.~ nre 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 157.1ta)C4) of the Pennsylvania Vehicle Code. F'AYINr; THE RESTQRATION FEE You must pay a restoration fee to PennDOT to be restored fra~n a suspension/revocation of your driving privilege. To pay your restoration fee, connplete the following stapes 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 yr taoney order to ensure proper credit. 3. Fallow the payment and mailiny~ instructions an the back of the application. Alops~ notes Paying the restoration fee DOES NOt satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspensionlrgvocation, this Suspension/Revocation". ~.~.~ You have the right to appeal th3,s actxnn to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 23, 2010, of this letter.' ~f you ?iY• an appeal in the County Count,, tine court wtili give you a tine-stamped certified espy of the appeal. In order far your appeal to be val.7.d, you must send this tin~e--stan~pod certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Genter Harrisburg, PA 17T04-2516 ~j8l1['f201~~ '!?:56 6:L@2$41476 MIrHGELBt;7~TER FAiat_ vJ'3,.@B ZQ1976691344119 R4r~emher, this is an OFFICIAL MOTSCE OR SUSPENSION. You must return all current Pennsylvania driver larense products to PennD4T by 08/27/2010. S3neer•e1Y, __ __ _~ .~•~-~ ~ Janet L. Qolan, Director ~-~ - ~"~W 8uresu of Drfver Licensing L~iFORMATION 8,~0~ ~.tN. to 6s00 y.m. IN STATE 1,800-932-4600 TAD IN STATE I-800-228-067b DllT-OF-SLATE 717-412-5300 TAD OUT-DF-STATE 717-412-5380 WEB SITE ADDRESS w1~M+. CfsRV .state . pa _ u.s S-~J~ Et~~~ fkNa LAW OFFICE PATRICK F LAUER 7R LLC ' 2108 MARKET ST CAMP HILL, PA 17011 08J10f2010 14:10:54 Merchant ID: 000000001663779 Terminal ID: 02497302 178251726992 CREDIT CARD VISA SALE CARD # ~a~000000(XX6652 INVOICE 0001 Batch #: 000020 Approval Code: 130342 Entry Method: __• Manual Approved: Online Avs Code: YYY SALE AMOUNT $750,00 CUSTOMER COPY xrF-E.fG ~tar2D~keYG LAW OFFICE PATRICK F LAUER JR LLC 2108 MARKET ST CAMP HILL, PA 17011 08(10(2010 14:10:54 Merchant ID: 000000001663779 Terminal ID: 02497302 178251726992 CREDIT CARD VISA SALE CARD # X)0000000000(6652 INVOICE 00 1 Batch #: 0000.0 Approval Code: 130342 Entry Method: Manual Approved: Online Avs Code: YYY SALE AMOUNT $x.30.00 I agree to pay above total amount according to card issuer agreement. (Merchant agreement if Credit Voucher) X MERCHANT COPY _. ., __ ~~ EMORANDUM TO: File FROM: WK DATE: August 10, 2010 RE: Steve Giordano Lora Baxter (mother) Visa 4427 9199 0684 6652 Expiration 07/13 Security Code 823 Billing address: 253 Taylor Road, Springfield, PA 19064 484-573-1016 $750 STEVE GIORDANO, : IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, :Suspension BUREAU OF DRIVER LICENSING, Appellee I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage .paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: (~ Pa 'ck .Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 1 70 1 1-4706 ID# 46430 Tel. (717) 763-1800 3 AUG 18 'LULU STEVEN GIORDANO, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. it) -sB& aOg a-witTerio COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee AND NOW this r day of knt?? 2010, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a //?? ? ?da hearing shall be held regarding this matter at on the y of U CA^ ,A30/V at 110 a.m./$An. in Courtroom No. ?.OF 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. BY COURT: J. N 0 ,a q6ennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Patrick F. Lauer, Jr.,IES ire, 2108 Market Street, Camp Hill, PA 17011 QC? ? t eS ? lh -l ` ?k, F{Lc~-GE;=ICE STEVEN GIORDANO, F Petition~~ ~ ~ C`i' ~ ~ a~ ~' c -~ ~'~F'i~E~~. ~~wCJ CUUt~ i •`~, x~r~~~r,~.i qtr=;~; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 2010-5362 MOTION FOR CONTINUANCE NOW COMES, Respondent, the Commonwealth of Pennsylvania, Department of Transportation (the "Department"), and moves for a continuance as follows: 1. The above captioned matter is scheduled for a hearing on October 22, 2010, at 9:30 a.m. in Courtroom No. 3 of the Cumberland County Courthouse. 2. The petitioning party, Steven Giordano, is represented by Patrick F. Lauer, Jr., Esquire. 3. The responding party, the Department, is represented by Philip M. Bracknell. 4. A continuance is requested because witness for the Department, Police Officer Scott Cornelious, is unable to attend the hearing on October 22, 2010 due to his deployment to Afghanistan. 5. Officer Cornelious is expected to be available for a hearing of Steven Giordano's appeal during September 2011 and thereafter. 6. Mr. Lauer has been notified of this motion and has no objection to the continuance requested. Mr. Giordano's operating privilege has been restored pending appeal. Respectfully submitted, ----~~--~--r-__ Philip M. Bricknell Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 (717) 787-2830 I.D. no. 88330 Date: September 23, 2010 VERIFICATION I, Philip M. Bricknell, verify that the facts contained in the foregoing document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. lam- r Date: September 23, 2010 ~ ~ -~-------~ Philip M. Bricknell CERTIFICATE OF SERVICE I, Philip M. Bricknell, certify that on this date, I caused a copy of Respondent's Motion for Continuance to be served by first class mail, postage pre-paid on Petitioner's Attorney of record at the following address: Patrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 ^~---~_ Date: September 23, 2010 Philip M. Bricknell Counsel for Respondent ~ , L • M SEP 2 4 201(1 STEVEN GIORDANO, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO.2010-5362 ORDER AND NOW, this ~ ~ day of , 2010, upon consideration of the Department's l~tion to Continue,,,ithe Motion is herehvE('TR ANTFiD, and -- the Matter is Continued and rescheduled for hearing on the! 3 ~ day of 0 ~t ~,~ /Q .m. ir~~~~~umberland County Courthouse, Carlisle, Pennsylvania. J. DISTRIBUTION: 'Patrick F. Lauer, Jr., Esq., 2108 Market Street, Camp Hill, PA 17011 d Philip Bricknell, Esq., PennDOT, Riverfront Office enter-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ~ ` ~ 'ta ~ ~~ ,~,,~ -~ ~ C®p~es r~.a,.l ~ed td/~~~o ..l.C:!~tJ~~ Qs'~~'~~~'~~~~(?, j`~ ~ ~~ ~~~ ~M 1~0 Of~Z ~f.~ -.. _. . STEVEN GIORDANO, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 10-5362 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24th day of October, 2011, after hearing we are satisfied that the Department has met its burden, and the appeal is dismissed. The action of the Department in suspending Appellant's operating privileges is sustained. By the Court, C?- Edward E. Guido, J. Patrick F. Lauer, Jr., Esquire For the Appellant Philip M. Bricknell, Esquire 1P.5 Mailed ? For the Appellee ?Dla? 11 :lfh r f -i