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Home My WebLink About11-4136 RICHARD M. WEAVER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 413(c Civi l ??.?'? COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LItC,ENU DEPARTMENT OF TRANSPORTATION, : SUSPENSION (_- BUREAU OF DRIVER LICENSING, rnm M M Appellee 331, -? -"QM APPEAL OF OPERATOR'S LICENSE, SUSPFNSTO&C -5,!?-- n? r+, AND NOW comes the Appellant, Richard M. Weaver, by and through hWattMey the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Richard M. Weaver, resides at 1005 Brentwater Road, Camp Hill, Pennsylvania. 2. Appellant was arrested for DUI on March 12, 2011. 3. Appellant has been accused of refusing to submit to a chemical test and was given an Office Notice of Suspension, mailed March 12, 2011, see Exhibit A, Official Notice of Suspension. 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. 4ga.o0 Po ATrY t 507 a58 76 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 1547E I I. Respectfully submitted, Date: trick F. Lauer, Jr., Esq ire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 RICHARD M. WEAVER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Richard M. Weaver, hereby verifies and states that: 1. I am the attorney for Appellant, Richard M. Weaver; 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, Date: trick 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: APRIL 08, 2011 RICHARD MICHAEL WEAVER WID # 110916746447895 001 1005 BRENTWATER RD PROCESSING DATE 04/01/2011 DRIVER LICENSE # 25818200 CAMP HILL PA 17011 DATE OF BIRTH 10/20/1981 Dear MR. WEAVER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIl of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/12/2011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/13/2011 at 12:01 a.m. COMPLYING 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 05/13/2011. You may surrender these items before, 05/13/2011, 'for earlier credit; however, you may not drive after these items are surrendered. 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 identification (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 notarized 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. Remember: You may not retain your driver's license for identification purposes. Please send these items to: 110916746447895 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(x)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege.. To pay your restoration fee, complete the following steps: 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 or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the 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 Suspension/Revocation". 110916746447895 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 08, 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 return all current Pennsylvania driver license products to PennDOT by 05/13/2011. Sincerely, 9?" ?-- - '6 g Z") Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5.00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-4.12-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us RICHARD M. WEAVER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 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 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: Philip Bricknell, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: S 2 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 RICHARD M. WEAVER, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND V. CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, NO. 2011-4136 DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, License Suspension Appeal Respondent 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 July 8, 2011, at 3:30 p.m. in Courtroom No. 1 of the Cumberland County Courthouse. 2. The petitioning party, Richard Weaver, is represented by Patrick F. Lauer, Esquire. 3. The responding party, the Department, is represented by Philip M. Bricknell. 4. A continuance is requested because witness for the Department, Detective Shane Cohick, is unable to attend the hearing on July 8, 2011 due to a conflict. 2011. 5. Detective Cohick is available for a hearing of Richard Weaver's appeal after July 20, 6. Mr. Lauer concurs with this motion. 7. Mr. Weaver's operating privilege has been restored pending appeal. Respectfully submitted, Date "INVAJASNIN3d !. no.i cNiv,839wrno June 21, 2011 r10 ? '? ZZ ?' 1107 , ff Philip M. Bricknell, I.D. 88330 Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 (717) 787-2830 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. Date: June 21, 2011 ` 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, Esq. 2108 Market Street Camp Hill, PA 17011 Date: June 21, 2011 • Philip M. Bricknell Counsel for Respondent . • RICHARD M. WEAVER, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 2011-4136 License Suspension Appeal AND NOW, this day of L.A 0 , 2011, upon consideration of the Department's Motion to Continue, the Motion is hereby GRANTED, and this Matter is CONTINUED and rescheduled for hearing on the /&4a day of 2011 at 30 _.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT DISTRIBUTION: /Patrick F. Lauer, Esq., 2108 Market Street, Camp Hill, PA 17011 Philip Bricknell, Esq., PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 C = rn CO D i RLED-OFFiCE THE PROTHON'OTAF,% 2011 AUG -3 AM 11: 3 RICHARD M. WEAV BERLA D GjU?4'F'IN THE COURT OF COMMON PLEAS OF Appellant t ENNSY! %JAINIP : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-4136 COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee : APPELLANT'S PRAECTPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned appeal as withdrawn with prejudice. The appellant's license suspension has an effective date of December 31, 2011. Date: Respectfully submitted, ?atrA F.fLauer, 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 RICHARD M. WEAVER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-4136 COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee CF,RTIFIC'ATF. OF SF.RVIC E 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: /at 'c F. Lauer, Jr., Esquire aw Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 RICHARD M. WEAVER, 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 -n ? -,, w rn c ?'F NO. 11-4136 CIVIL TERM IN RE: PRAECIPE TO DISCONTINUE ORDER OF COURT AND NOW, this 9ffi day of August, 2011, upon consideration of the Praecipe to Discontinue filed in the above matter on August 3, 2011, the hearing previously scheduled for August 10, 2011, is cancelled. f 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 BY THE COURT, V J. ?esley Ole, MJr.J. rc •? / ,e?lC