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Home My WebLink About11-3918 C -Uil ;"'? ? ELI: 5 DAVID S. GARRY, 011F COMMON PLEAS OF Appellant COUNTY PENNSYLVANIA 8 G v?1 NO. 11- -3011 COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION UREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW comes the Appellant, David S. Garry, by and through his attorneys, the Law of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, David S. Garry, resides at 808 Erford Road, Camp Hill, Pennsylvania. 2. Appellant was arrested for DUI on March 5, 2011. 3. Appellant has been accused of refusing to submit to a chemical test and was given an Notice of Suspension, mailed March 30, 2011, see Exhibit A, Official Notice of 4. Appellant denies he refused to submit to a chemical test. 5. Appellant submits the police officer lacked a reasonable suspicion to believe Appellant was under the influence of alcohol. 6. Appellant did not exhibit signs of intoxication. 7. Appellant's actions did not constitute a refusal to submit a chemical test. 8. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of his license until a hearing has been held. a >q sqa oo p d Ors 1(11919 po5V411 WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a of any suspension until this matter is resolved regarding the underlying conviction of 1547B l I. Respectfully submitted, Patrick 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 DAVID S. GARRY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE EPARTMENT OF TRANSPORTATION, SUSPENSION UREAU OF DRIVER LICENSING, Appellee I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, David S. Garry, hereby and states that: 1. I am the attorney for Appellant, David S. Garry; 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 client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 1 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. 6.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: k4?te() 12 k- ? 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 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 30, 2011 DAVID TEVEN GARRY WID # 110826691444591 001 808 ER ORD RD PROCESSING DATE 03/23/2011 DRIVER LICENSE # 21082603 CAMP HILL PA 17011 DATE OF BIRTH 09/07/1965 Dear MRj. GARRY: This is an Official Notice of the Suspension of your Driving Privile e. .as authorized by Section 1547BII of the Pennsyl ania Vehicle Code. As a result of your violation of Sect on 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/0 12011: ¦ You driving privilege is SUSPENDED for a period of 1 YEA(S) effective 05/04/2011 at 12:01 a.m. CUMPLYI G 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 05/04/2011. You may surrender these items before, 05/04/2011, for earlier credit; however, you may not drive after these items are surrend red. 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 $13.50. You must present two (2) forms of proper identif"cation (e.g., birth certificate, valid U.S. passpor , 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 tol,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 notarized letter stating you are aware of the suspension of our driving privilege. You must specify in your letter why you are unable to return your driver's lice se. Remember: You may not retain your driver's lice se for identification purposes. Please send these item to: 110826491444591 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)(4) of he Pennsylvania Vehicle Code. PAYING HE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay you restoration fee, complete the following steps: 1. Ret rn the enclosed Application for Restoration. The amo nt due is listed on the application. 2. Wri a your driver's license number (listed on the first pag ) on the check or money order to ensure proper cre it. 3. Fol ow the payment and mailing instructions on the back of he application. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the. instructions listed under "Complying with this Su pension/Revocation". 110826491444591 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, ARCH 30, 2011, 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 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 re urn all current Pennsylvania driver license products to Penn OT by 05/04/2011. Sincerely, 9?x ?-- - Z go) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5.00 p.m. IN STATE 1-800-932-4600 TOD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us DAVID S. GARRY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA I V. NO. OMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE EPARTMENT OF TRANSPORTATION, SUSPENSION UREAU OF DRIVER LICENSING, Appellee I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's zse Suspension upon opposing counsel by depositing a copy of the same in the United States , Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage and addressed as follows: Philip Bricknell, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, P rick 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 ¦ DAVID S. GARRY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA NO. I I- 3c?jg Ciwl V. . COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee AND NOW this -j ":,-6 day of 2011, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the day of ' , ,I/ a 00 a.m. in Courtroom No. 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 THE COURT: r mo - t 00 00 S CF C ODP 4!j4W Distribu inn: Philip Bricknell, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 .4 0 TAR Y 2011 JUN 29 AM 10: 09 DAVID S. GARRY., THE COURT OF COMMON PLEAS Appellant M"" y C?UN?NBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA V. : DOCKET NO. 11-3918 COMMONWEALTH OF PENNSYLVANIA, : APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, : Appellee APPF,i,i. -hm;s R:S:TiON FOR C'ONTI TITAN: E AND NOW, comes the Appellant, David S. Garry, by and through his attorney, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant is scheduled for an appeal of operator's license suspension hearing on Friday, July 8, 2011 at 2:00 a.m. in the above-captioned matter. 2. Appellant's counsel has been informed that appellant has been mandated to appear for training through his employment that he cannot miss. 3. Appellant's counsel has contacted Philip Bricknell, Assistant Counsel for the Department of Transportation, regarding the Appellant's request for continuance and he 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. Respectfully submitted, Date: (6 ;atrick FF. Lauer, Esquire F. Lauer, 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 DAVID S. GARRY, IN THE COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 11-3918 COMMONWEALTH OF PENNSYLVANIA, : APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, : Appellee Undersigned counsel for the Appellant, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for David S. Garry, Appellant; 2. He is authorized to make this verification on his behalf, 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is 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, Date: t ? P ck F. , auer, 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 EDWARD D. HAMILTON, IN THE COURT OF COMMON PLEAS Appellant FRANKLIN COUNTY, PENNSYLVANIA V. DOCKET NO.: 2010-1202 COMMONWEALTH OF PENNSYLVANIA, : APPEAL, OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION 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 the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by first class mail to the address listed below: Philip Bricknell, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, Third Floor Riverfront Office Center Harrisburg, PA 17104 Respectfully Date: -&- /Fatnql`. Lauer, Es u' Law Offices of Patric F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 DAVID S. GARRY, : IN THE COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 11-3918 COMMONWEALTH OF PENNSYLVANIA, : APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee AND NOW, this t SA day of , 2011, upon consideration of the Appellant's Motion for Continuance, the Motion is hereby it A" 7e D The case is continued until the lC' day of 2011, at G1 o'clock A.M. BY THE COURT: J. r r*t r- c cn ? w o r -? C') Mc w `4 nis rihntinn: Philip Bricknell, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 C'otl;es 44Q.l,-ye 7//qbl ?? G ?011 AUG --8 AM 10: 03 DAVID S. GARRY, ^iS'r B E i WrIRT OF COMMON PLEAS OF Appellant PEW ND COUNTY, PENNSYLVANIA V. NO. 11-3918 Civil COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee APPELLANT'S PRAFC IPE TO DISC ONTINUF TO THE PROTHONOTARY: Please mark the above-captioned appeal as withdrawn with prejudice. The appellant's license suspension has an effective date of January 31, 2012 or shortly thereafter. Respectfully submitted, Date: g S Patrick 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 DAVID S. GARRY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-3918 Civil COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee I hereby certify that I am this day serving a copy of the foregoing Appellant's Praecipe to Discontinue 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 Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: e S ( I Patrick 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 DAVID S. GARRY, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 11-3918 CIVIL TERM }ycz Co IN RE: PRAECIPE TO DISCONTINUE ORDER OF COURT ?'., zX of PY?I c:r AND NOW, this 9th day of August, 2011, upon consideration of the Praecipe to Discontinue filed in the above matter on August 8, 2011, the hearing previously scheduled for August 10, 2011, is cancelled. Patrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Appellant Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee rc eop. e 5 M,,, led <Il%/ at BY THE COURT,