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HomeMy WebLinkAbout14-6745Supreme Co Cou nnsylvania leas. County For Prothonotary Use Only: Commencement of Action: , 14 S� Docket No:/g--- 6 1 V,-/ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other papers as required by law or rules of court. C! T, I Q! N Commencement of Action: Petition Declaration of Taking Complaint © Writ of Summons ® ® Transfer from Another Jurisdiction ® Lead Plaintiff's Name: Christian H. Murray Lead Defendant's Name: Commonwealth of PA Department of Transportation Dollar Amount Requested: ®within arbitration limits (check one) ®outside arbitration limits Are money damages requested? 0 Yes No Is this a Class Action Suit? 0 Yes- l No Is this an MDJAppeal? 0 Yes LI No A Name of Plaintiff/Appellant's Attorney: Dean E. Reynosa, Esquire 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ® Intentional ® Malicious Prosecution O Motor Vehicle 9 Nuisance © Premises Liability © Product Liability (does not include mass tort) © Slander/Libel/ Defamation ® Other: MASS TORT ® Asbestos © Tobacco © Toxic Tort - DES © Toxic Tort - Implant ® Toxic Waste 9 Other: PROFESSIONAL LIABLITY O Dental © Legal © Medical O Other Professional: CONTRACT (do not include Judgments) © Buyer Plaintiff © Debt Collection: Credit Card ® Debt Collection: Other © Employment Dispute: Discrimination © Employment Dispute: Other © Other: REAL PROPERTY ® Ejectment © Eminent Domain/Condemnation ® Ground Rent ® Landlord/Tenant Dispute © Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ® Partition ® Quiet Title ® Other: CIVIL APPEALS Administrative Agencies © Board of Assessment ® Board of Elections Dept. of Transportation © Statutory Appeal: Other © Zoning Board O Other: MISCELLANEOUS © Common Law/Statutory Arbitration ® Declaratory Judgment Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto ® Replevin 0 Other: Updated 1/1/2011 -Ts Flt i•i'"i"i'.;Y- HE i ic0 11t01.--iJ 23P3 tiOV 20 PH 1: 11 CUMBERLANDCOUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN H. MURRAY : NO. .S" Cii11 C VS. : Appeal of Suspension : of Operating Privileges COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES AND NOW, COMES, Christian H. Murray, by and through his Counsel, Dean E. Reynosa, Esquire, and files this Appeal From Suspension of Driving Privileges, the following of which are statements in support thereof: 1. Appellant herein is Christian H. Murray residing at 218 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Appellee herein is Pennsylvania Department of Transportation having a mailing address of 1101 South Front Street, Third Floor, Riverfront Office Center, Harrisburg, PA 17104. 3. Appellant's Pennsylvania Driver License Number is 22747582. 4. Appellant received a Notice of Suspension of Driving Privileges with a mailing date of October 24, 2014, allegedly authorized by Section 1532C of the Pennsylvania Motor Vehicle Code for a period of 6 months effective November 28, 2014, based upon an alleged conviction on April 5, 2004, for violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act on February 12, 2004. A copy of 4N5 -.7s --pd Ce36za s- /ZdE 31393 the official Notice of Suspension of Driving Privileges is attached hereto and incorporated herein as Exhibit "A". 5. Pursuant to 75 Pa.C.S.A. § 1550(b) (driving license), Appellee is retaining his drivers license until final determination of the suspension of his operating privilege. I. DUE PROCESS VIOLATION 6. Paragraphs 1 through 5 are incorporated herein as though if set forth in full. 7. Appellant contends that the statutorily authorized imposition of a suspension for such conviction over ten years from the conviction date and from the offense date, is a violation of the due process clause of the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States. 8. Appellant contends that 75 Pa. C. S. Section 1532(c) that authorizes suspension of operating privileges for any conviction of the Controlled Substance, Drug, Device and Cosmetic Act, at any time, without any limitations, is a violation of the due process clause of the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States. 9. Appellant contends that there is no legitimate state interest served to deter original use by imposing a suspension of operating privileges upon him or any other individual who is rehabilitated, has fulfilled the criminal sentence and supervision, and who now has no association with drug use whatsoever, over ten years from the conviction date and the offense date. 10. Appellant contends that imposing a suspension of operating privileges upon him or any other individual who is rehabilitated, has fulfilled any criminal sentence and supervision, and who now has no association with drug use whatsoever, over ten years from the conviction date and the offense date, is not rationally related to any alleged state interest. II. EQUAL PROTECTION VIOLATION 11. Paragraphs 1 through 10 are incorporated herein as though if set forth in full. 12. In the alternative, Appellant contends that the statutorily authorized imposition of a suspension for such conviction over ten years from the conviction date and the offense date, is a violation of the equal protection clause of the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States. 13. As reflected in the Docket of CP -67 -CR -0001636-2004, the DL -21D form was prepared on October 15, 2014 and mailed to the Department of Transportation on October 16, 2014. See Docket attached hereto as Exhibit B. 14. The York County Clerk of Courts has publically acknowledged that there are a significant number of cases involving convictions for the Controlled Substance, Drug, Device and Cosmetic Act which the York County Clerk of Courts neglected to issue and send a DL -21D form to the Department of Transportation at the time of conviction for which he is in the process of issuing back only until 2004. See article form York Daily Record first published on August 6, 2014, attached hereto as Exhibit C. 15. The York County Clerk of Courts has publically acknowledged that at least since 2004, there are also cases involving convictions for the Controlled Substance, Drug, Device and Cosmetic Act which the Clerk of Courts has timely issued and sent a DL -21D form to the Department of Transportation at the time of conviction. See Exhibit C. 16. The York County Clerk of Courts has publically acknowledged that he will only be issuing delayed DL -21D forms to the Department of Transportation for cases that involve convictions for the Controlled Substance, Drug, Device and Cosmetic Act back to 2004 for which no DL -21D forms was timely issued to the Department of Transportation, therefore, resulting in cases prior to 2004 involving convictions of the Controlled Substance, Drug, Device and Cosmetic Act for which no DL -21D form will be issued to the Department of Transportation, and therefore, the licensees in those cases will not be subject to suspension of operating privileges. See Exhibit C. 17. Appellant contends that such action constitutes selective enforcement of 75 Pa. C. S. Section 1532(c) in violation of the equal protection clause of the Constitution of the Commonwealth of Pennsylvania and United States Constitution. Ill. SURRENDER DATE/EQUITABLE RELIEF/EQUITABLE ESTOPPEL/MANDAMUS 18. Paragraphs 1 through 17 are incorporated herein as though if set forth in full. 19. Section 1540 of the Motor Vehicle Code, Surrender of License, provides under subsection (a) as follows: CONVICTION OF OFFENSE — Upon conviction by a court of competent jurisdiction for any offense which calls for mandatory suspension in accordance with section 1532 (relating to suspension of operating privileges), the court or the district attorney shall require the surrender of any driver's license then held by the defendant and shall forward the driver's license together with a record of the conviction to the department. The suspension shall be effective upon a date determined by the court or District Attorney or upon the date of surrender of the license to the court or district attorney, whichever shall first occur. See 75 Pa.S.C.A. § 1540 (a) 20. Appellant contends that subsection (b) of Section 1540 addresses only the notice of suspension and effective date of suspension, for any other person, not a criminal defendant, and addresses circumstances only involving the person directly surrendering the license to the Department of Transportation and not the directive for a license to be surrendered as part of a criminal conviction. 21. In the alternative, Appellant contends that since the York County Court or York County District Attorney did not mandate the surrender of the license "upon conviction" as required in subsection (a) of Section 1540, the Court, District Attorney's Office and Department of Transportation are equitably estopped from now issuing a suspension of operating privileges. 22. Appellant contends that the York County Court, presumably by inaction of the Clerk of Courts, and/or the York County District Attorney, failed to perform its mandate under 75 Pa. C. S. Section 1540(a) in the present case and did not confiscate or order the surrender of the license by the Appellant in case CP -67 -CR -0001636-2004 upon conviction on August 12, 2004. 23. Appellant contends that but for the York County Court (through the Clerk of Courts) and/or the York County District Attorney's failure to act under 75 Pa. C. S. Section 1540 (a), Appellant would have fulfilled the period of 6 months suspension of his operating privileges in or about February of 2005. 24. Appellant contends that the York County Clerk of Courts or the York County District Attorney failed to perform their mandate under 75 Pa. C. S. Section 1540(a) in the present case by not confiscating or ordering the surrender of the license by the Appellant in case CP -67 -CR -0001336-2004 upon conviction on August 12, 2004, and also the failure of the Clerk of Courts to send a record of conviction as mandated under 75 Pa. C. S. A. 6323(1) within 10 days after conviction to the Department of Transportation, resulting in the Clerk of Courts acting without any authority whatsoever, by recently issuing the DL -21D form prepared on October 15, 2014, and mailed to the Department of Transportation on October 16, 2014 in this matter ten years after conviction. 25. Appellant also contends that this Honorable Court has subject matter jurisdiction to make a finding that the York County Clerk of Courts did not have the authority to issue the DL -21D form to the Department of Transportation on October 16, 2014, was unauthorized, and under the theory of equity, estoppel and/or mandamus, direct the York County Clerk of Courts to amend the DL -21D form and reissue the form to the Department of Transportation indicating that the date of surrender of the license for purposes of commencement of the suspension of operating privileges is April 5, 2004, the date that the Appellant was before the York County Court of Common Pleas and convicted in CP -67 -CR -0001636-2004, and the date that the license would have been surrendered had the York County Clerk of Courts or York County District Attorney fulfilled their mandatory duty under 75 Pa. C. S. Section 1540(a), or reissue the DL -21D form reflecting that there should be no record of conviction for the purposes of suspension. IV. LATCHES 26. Paragraphs 1 through 25 are incorporated herein as though if set forth in full. 27. In the alternative, Appellant contends that the Pennsylvania Department of Transportation is precluded from imposition of a suspension for such conviction over ten years from the date of conviction and the date of the offense based upon the theory of latches. V. PREJUDICE 28. Paragraphs 1 through 27 are incorporated herein as though if set forth in full. 29. Appellant contends that he will suffer extreme prejudice and hardship by the imposition of the suspension of his operating privileges ten years after the date of his conviction. 30. Appellant is a single father, without any reliable assistance from any third party to care for the child and transport his child to and from medical appointments every other week. 31. Appellant's child's mother resides in Raleigh, North Carolina, and pursuant to a custody order/agreement, the two are required to each travel to a halfway point to exchange custody over holidays and the summer. 32. Appellant is a Jehovah Witness and this untimely license suspension will impact his ability to participate in voluntary missionary work. 33. Appellant has become rehabilitated, abstained from drug possession or use, and has completely fulfilled his sentence and court supervision. WHEREFORE, Appellant respectfully requests that this Honorable Court sustain the appeal from the suspension of operating privileges. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS DearvE. Reynos- Esquire Attorney I.D. #804 ^ 0 26 West High Stree Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant VERIFICATION I, Christian H. Murray, verify that the statements made in the Appeal from Suspension of Driving Privileges are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to penalties of 18 Pa. C.S. Section 4904 related to Unsworn Falsification to Authorities. Date: I k/ Christian H. Murray COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2014 CHRISTIAN H MURRAY 218 CHESTNUT ST MT HOLLY SPGS PA 17065 Dear MRi• MURRAY: WID # 142906352310448 001 PROCESSING DATE 10/17/2014 DRIVER LICENSE 41 22747582 DATE OF BIRTH 06/26/1972 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 04/05/2004 conviction of violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act, on 02/12/2004: Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 11/28/2014 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving Privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's learner's permits, temporary driver's licenses cards) in your possession on or before 11/28/2014. surrender these items before, 11/28/2014, for credit; however, you may not drive after these surrendered. licenses, (camera You may earlier items are 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 two (2) forms of proper certificate, valid U.S. etc.) in order to obtain of *27.50. You must present identification (e.g., birth Passport, marriage certificate, 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. 142906352310448 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: 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 three (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 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 the applicable restoration fee, payment can be made at anytime online ul www.dmv.state.pa.us or mailed to the address listed below. Please include your driver number on your check, money order or correspondence. Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 The Restoration Fee is based on the Consumer Price Index and subject to change. For the current restoration fee amount due, please visit PennDOT's website at www.dmv.state.pa.us to obtain a copy of your restoration requirements letter. If you do not have internet access, please call PennDOT's Customer Care Center at 1-800-932-4600 to request a copy of your restoration requirements letter. 142906352310448 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". PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance 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 listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 24, 2014, 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 1101 South Front Street 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 11/28/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing 142906362310448 SEND FEE/LICENGE/OL-16LC/TO; Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17188-8693 INFORMATION (8:00 AM TO 5:00 PM) IN STATE 1-800-932-4800 OUT-OF-STATE 717-412-5308 TDD IN STATE 1-000-228-0878 TDD OUT-OF-STATE 717-4I2-5380 COURT OF COMMON PLEAS OF YORK COUNTY CKE7 Docket Number: CP-67-CR-0001636.2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Page 1 of 9 Christian H Murray t. >:. ' , • .'.- y„ Judge Assigned: Blackwell, Penny L. z CASE INFORMATION' Date Filed: 04/05/2004 Initiation Date: 04/05/2004 OTN: H 857170-6 LOTN: Originating Docket No: Initial Issuing Authority: Scott J. Gross Final Issuing Authority: Roger A. Estep Arresting Agency: Attorney General Arresting Officer: Lowe, Thomas W. Complaint/Incident #: Unknown Case Local Number(s) Case Local Number Type(s) Legacy Docket Number 2004CA1636 u . t_. s„`.STATUS°NFORMATION ...." R.. ::� �.r,. .. Case Status: Closed Status Date Processing Status Complaint Date: 02/18/2004 08/25/2005 Sentenced/Penalty Imposed 04/05/2004 Migrated Case . ..DA' T ae 3-' m"4.$ PE"� x” r. _ >R .t^8"i .. r . �uy• .{*iS:r CALEE NDAR E1fENT.�. Case Calendar Schedule Start Room Judge Name Schedule Event Type Start Date Time Status Probation Violation 08/22/2005 Hearing Probation Violation 08/25/2005 Hearing 8:30 am Courtroom 6 Senior Judge Penny L. Continued Blackwell 9:00 am Courtroom 6 Senior Judge Penny L. Scheduled Blackwell DEFENDANT INFORMATION i ' '` ' ,. City/State/Zip: Mechanicsburg, PA 17055 Date Of Birth: 06/26/1972 Alias Name Murray, Christian Hethe in'T i4 .�W -�x"V r � x • CASE PARTICIPANTS ." _'S�- , t, : � .. . .. � �r � r,. s'< a.. ... .> ..z a� 6.h ip .1.. v �a � .xsa. H v Participant Type Name Defendant Murray, Christian H. BAIL. INFORMATIO Murray, Christian H. Bail Action Date Nebbia Status: None Bail Type Percentage Amount Set 02/18/2004 Bail Posting Status Posting Date ROR $0.00 Posted 02/18/2004 tom.... �..�.,.. Sea. Orig Seg, Grade Statute _.. _., ... _.�.�....�....�...q ...m�., CHARGES ..� Statute Description �yOffense Dt, OTN 1 1 F 35 § 780-113 §§A35 Poss W/Int To Distr Nc Subs Res Contr 02/12/2004 H 857170-6 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of th System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inac data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history backgroun only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Crimi Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 11/17/2014 COURT OF COMMON PLEAS OF YORK COUNTY Commonwealth of Pennsylvania v. Christian H Murray Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 2 of 9 Seq. 3 Oriq Seq. Grade Statute Statute Description 3 F 35 § 780-113 §§A36 Knowing/In Mftr/Dist Of Design Drug Offense Dt. 02/12/2004 OTN H 857170-6 903 §§A2 Manuf/Del/Poss/W Int Manuf Or Del 02/12/2004 H 857170-6 Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Migrated Disposition Migrated Dispositional Event 1 / Poss W/Int To Distr Nc Subs Res Contr Migrated, Judge Blackwell, Penny L. Confinement Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period Final Disposition Grade Section Credit For Time Served Start Date 04/05/2004 Guilty Plea 04/05/2004 08/25/2005 Min of 6.00 Months Max of 23.00 Months Other Defendant to successfully complete Drug and Alcohol counseling that is ordered. Can apply for Outmate Defendant to have random screens, 0.0 tolerance Final Disposition F 35 § 780-113 §§ A35 3 / Knowing/In Mftr/Dist Of Design Drug Migrated, Judge Blackwell, Penny L. 4 / Manuf/Del/Poss/W Int Manuf Or De Migrated, Judge Probation Blackwell, Penny L. Guilty Plea 04/05/2004 08/25/2005 Guilty Plea 04/05/2004 08/25/2005 780-113 §§ A36 18 § 903 §§ A2 CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY Commonwealth of Pennsylvania v. Christian H Murray Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 3 of 9 Name: Supreme Court No: Name: Clasina B. Houtman Mahoney, Esq. Public Defender Supreme Court No: 080231 Rep. Status: Active Phone Number(s): 717-771-9217 (Phone) Address: 45 N George Street York, PA 17401 Representing: Murray, Christian H. Sequence Number 1 CP Filed Date 02/25/2004 JUDGE ASSIGNED BLACKWELUDRUGS PETITIO JUDGE ASSIGNED BLACKWELUDRUGS PETITION TO APPOINT COUNSEL FILED Document Date 1 02/27/2004 COUNSEL APPOINTED PLB. COUNSEL APPOINTED PLB. ATTORNEY - GROSS, RONALD SERVICE RE: DA, PD, RONALD GROSS, ESQ., DJ GROSS. 1 04/05/2004 JUDGE ASSIGNED BLACKWELUDRUGS JUDGE ASSIGNED BLACKWELUDRUGS 2 3 Filed By Migrated, Filer Migrated, Filer Migrated, Filer 04/05/2004 Migrated, Filer Migrated Disposition Migrated Automatic Registry Entry (Disposition) Text Disposition Filed 04/05/2004 Migrated, Filer CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY Commonwealth of Pennsylvania v. Christian H Murray Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 4 of 9 Sequence Number CP Filed Date 4 04/05/2004 Original Papers Received from Lower Court 5 Migrated Sentence Migrated Sentence 04/05/2004 1 04/16/2004 ARRAIGNED COUNSEL ENTERS APPEARANCE AT ARRAIGNED COUNSEL ENTERS APPEARANCE ATTORNEY - GROSS, RONALD PRE-TRIAL CONFERENCE 06/15/2004 9:00 AM BEFORE JUDGE BLACKWELL. JHC Document Date Filed By Unknown Filer Migrated, Filer Migrated, Filer 1 04/19/2004 Migrated, Filer INFORMATION FILED INFORMATION FILED 1 04/22/2004 INFORMAL DISCOVERY FILED INFORMAL DISCOVERY FILED 1 05/28/2004 JUDGES SECRETARY SCHEDULES PRE-TRIAL JUDGE'S SECRETARY SCHEDULES PRE-TRIAL CONFERENCE 06/09/04 @ 8:30 AM. 1 06/09/2004 PRE-TRIAL CONFERENCE 08/10/2004 9:00 PRE-TRIAL CONFERENCE 08/10/2004 9:00 AM SEPT TERM OF COURT, RULE 600 AGAINST DEFENSE. PLB. Migrated, Filer Migrated, Filer Migrated, Filer CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY Sequence Number 1 CP Filed Date 08/12/2004 Commonwealth of Pennsylvania v. Christian H Murray Document Date *Anric7, Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 5 of 9 -rokvk,sfxr:L.tzd. ,:.cs.tromsv .gews GUILTY PLEA TO DELIVERY OF NON CONTROLL GUILTY PLEA TO DELIVERY OF NON CONTROLLED DRUGS (2 COUNTS), DELIVERY DESIGNER DRUGS (2 COUNTS), DELIVERY DRUGS (3 COUNTS) C/C DELIVERY OF DRUGS. PLB. SENTENCE SCHEDULED 10/15/04 @ 9:00 A.M. PLB, PRE -SENTENCE INVESTIGATION -COMPLETE SENTENCE RECOMMENDATION. PLB. 1 08/24/2004 SERVICE RE: ORDER 06/09/04;DA-INTEROFFI SERVICE RE: ORDER 06/09/04:DA-INTEROFFICE, RONALD GROSS,ESQ-US MAIL @ 4:30 PM. 1 Filed By Migrated, Filer Migrated, Filer 09/30/2004 Migrated, Filer SERVICE RE: DA, INTEROFFICE, RONALD SERVICE RE: DA, INTEROFFICE, RONALD GROSS, ESQ, US MAIL @ 29 E PHILA ST, YORK @ 4:00 PM CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court tiling offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY Commonwealth of Pennsylvania v. Christian H Murray Docket Number: CP -67 -CR -0001636.2004 CRIMINAL DOCKET Court Case Page 6 of 9 Sequence Number 1 CP Filed Date 10/15/2004 SENTENCE PROBATION 48 MONTHS, REPORTING SENTENCE PROBATION 48 MONTHS, REPORTING, DELIVERY NON CONTROLLED DRUGS (CT 1), DELIVERY OF DESIGNER DRUGS (2 COUNTS), DELIVERY OF DRUGS (CT 5), C/C DELIVERY OF DRUGS. PLB. PAY COSTS PLB. TASC PROGRAM PLB. COMMUNITY SERVICE 25 HOURS PER YEAR, PLB. SENTENCE CONCURRENT WITH EACH OTHER. PLB. DEFT SUBJECT TO RANDOM SCREENS, 0.0 TOLERANCE .02 TOLERENCE. PLB, SENTENCE PROBATION 12 MONTHS REPORTING, DELIVERY OF NON CONTROLLED DRUGS. PLB. SENTENCE CONCURRENT WITH OTHER COUNTS. PLB. SENTENCE PROBATION 24 MONTHS, REPORTING, DELIVERY OF DRUGS (CT 6 AND 7). PLB, SENTENCE CONCURRENT WITH OTHER COUNTS. PLB. Document Date 1 10/27/2004 SENTENCE GUIDELINE FILED SENTENCE GUIDELINE FILED 1 Filed By Migrated, Filer Migrated, Filer 10/29/2004 Migrated, Filer SERVICE RE: ORDER OF 10/15/04 TO DA SERVICE RE: ORDER OF 10/15/04 TO DA AND RONALD GROSS, ESQ 1 11/05/2004 ATTORNEY'S FEES PETITION FILED ATTORNEYS FEES PETITION FILED Migrated, Filer CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY Commonwealth of Pennsylvania v. Christian H Murray Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 7 of 9 Sequence Number CP Filed Date 1 11/09/2004 ATTORNEY'S FEES PETITION GRANTED RONALD ATTORNEY'S FEES PETITION GRANTED RONALD GROSS, ESQ. PLB. CERTIFIED COPY OF ORDER TO PURCHASING 1 PAID IN FULL 122 -AUTOMATION FEE PAID IN FULL 122 -AUTOMATION FEE 11/16/2004 5.00 Document Date Filed By Migrated, Filer Migrated, Filer 1 07/08/2005 07/07/2005 Blackwell, Penny L. Detainer Issued 1 07/27/2005 York County Adult Probation Petition to Schedule Probation/Parole Violation Hearing 1 08/03/2005 08/01/2005 Murray, Christian H. Entry of Appearance 1 08/16/2005 Gross, Ronald James Motion for Continuance Defense Request 1 08/23/2005 Blackwell, Penny L. Order Granting Motion for Continuance 1 08/25/2005 Blackwell, Penny L. Order - Sentence/Penalty Imposed Gross, Ronald James 10/21/2005 First Class York County District Attorneys Office 10/21/2005 Interoffice 1 10/21/2005 Mahoney, Clasina 8. Hou an Motion for Counsel Fees 1 10/28/2005 10/27/2005 Blackwell, Penny L. Order Granting Motion for Counsel Fees CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY Commonwealth of Pennsylvania v. Christian H Murray Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 8 of 9 Sequence Number Service To Issue Date Service Type York County Purchasing 10/28/2005 Interoffice CP Filed Date 1 12/06/2005 Order Granting Parole 1 06/10/2006 Delinquency Notice Filed - 304 Days Overdue Document Date Service By Status Date Filed By Service Status Blackwell, Penny L. Court of Common Pleas - York County 1 10/15/2014 O'Shell, Don R. DL -21D to be Prepared 2 10/15/2014 O'Shell, Don R. DL -21D was prepared 1 10/16/2014 Unknown Filer DL -21 D Sent to PennDOT CPCMS 9082 Printed: 11/17/2014 Recent entries made In the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF YORK COUNTY 4,4r '1‘ Last Payment Date: 07/11/2006 Murray, Christian H. Defendant Costs/Fees Judicial Computer Project Commonwealth of Pennsylvania v. Christian H Murray 44 Assessment .471.0 A ,t*Anit.4,4,6 gukc vz 7411.e. Docket Number: CP -67 -CR -0001636-2004 CRIMINAL DOCKET Court Case Page 9 of 9 Total of Last Payment: -$33.50 Payments Adjustments Non Monetary Total Payments $10.00 -$10.00 $0.00 $0,00 $0.00 Crime Victims Compensation (Act 96 of $35.00 -$35.00 $0.00 $0.00 $0.00 1984) Automation Fee (York) $5.00 $0.00 45.00 $0.00 .$0.00 CRIM Court Cost - 101 (York) $168.10 -$133.10 -$35.00 $0.00 $0.00 State Court Costs (Act 204 of 1976) $10.56 410.56 $0.00 $0.00 $0.00 Domestic Violence Compensation (Act $10.00 -$10.00 $0.00 $0.00 $0.00 44 of 1988) Victim Witness Service (Act 111 of 1998) $25.00 -$25.00 $0.00 $0.00 $0.00 Firearm Education and Training Fund $5.00 -$5.00 $0.00 $0.00 $0.00 Substance Abuse Education (Act 198 of $50.00 450.00 $0.00 $0.00 $0.00 2002) Commonwealth Cost - HB627 (Act 167 $15.84 -$15.84 $0.00 $0.00 $0.00 of 1992) Subpoena Costs (York) $9.00 49.00 $0.00 $0.00 $0.00 Substance Abuse Education (Act 198 of $50.00 450.00 $0.00 $0.00 $0.00 2002) Photostatic Copies - Per Sheet (York) $7.00 -$7.00 $0.00 $0.00 $0.00 Transport Costs (York) $29.00 -$29.00 $0.00 $0.00 $0.00 Costs/Fees Totals: $429.50 -$389.50 -$40.00 $0.00 $0.00 Grand Totals: $429.50 4389.50 440.00 $0.00 $0.00 ** Indicates assessment is subrogated CPCMS 9082 Printed: 11/17/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. 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. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. yorkdispatch.com (http://www.yorkdispatch.com Weather: York, PA 1 Now:46° (http://www.yorkdIspatch.comiweather) 1 Fligh:49° (http://www.yorkdispatch.corn/weather) I Low:21° NEWS (1BREAK 1 N Gy.yorkdispatch.corn/weather) (http://www.yorkdispatch.cornlweather) 1 5 -Day Forecast thting/www.vorkdisnatch.comlweatheri HOT TOPICS: Free 4rg counseling. Contact a counselor. lie your home. County oversight leads to years late PennDOT license suspensions for thousands By LIZEVANS SCOLFORO 505-5429j@ydcrimetime POSTED: 08/06/2014 09:11:21 AM EDT I UPDATED: 3 MONTHS AGO 5 COMMENTS An oversight by some employees in the York County Clerk of Courts office so far has led to about 2,000 people receiving driver's license suspensions years after their criminal cases were resolved. And York County Clerk of Courts Don O'Shell said that number could rise to 4,000 or 5,000 defendants by the time his office finishes its internal review. Defendants who plead guilty or are convicted of certain drug offenses — such as simple drug possession and drug dealing — automatically receive a six-month license suspension from the state Department of Transportation. But some former clerks in O'Shell's office were not sending the required notification to PennDOT on those cases, meaning the state wasn't starting the clock on defendants' suspensions, according to O'Shell. "I was unaware, and I should have been aware," he said. "I've read • EDITORIAL: Debts not yet the (clerk of courts) manual more times than I can count." peizi (iport e cle/html/irnageDisplay.jspZ co utentltemR ela ti on ship Id = 6145387) O'Shell RELATED STORIES Aug 7: O'Shell said all his clerks were sending the proper form to PennDOT for DUI -related cases. fhttp://www.yprkdispateh.comfbreakjnafcj 26292027/editoria I - debts -not -yet -pa id? source=p Two deaths: O'Shell said he first started looking into the issue after learning about two cases in Philadelphia in which drivers whose licenses should have been suspended for drug convictions ended up killing people while driving. The Philadelphia Inquirer article about the cases stated that for more than a decade, Philadelphia courts failed to notify PennDOT about suspending the licenses of tens of thousands of people who possessed or dealt illegal drugs. Advertisement Close Ad X Super Simple Security "It piqued my curiosity," O'Shell said. "I decided to start running reports to see where we were." And that's when he realized PennDOT notifications for drug offenses had not been made consistently, he said. "We're finding certain clerks just didn't do it, while other clerks did," O'Shell said. "It wasn't picked up on by me and my management team." Nearly all the clerks who failed to make PennDOT notifications are no longer with the office, but not for disciplinary reasons, he said. They either found new jobs or moved from the area, he said. 'Revamped': "We've revamped the process so there won't be any judgment calls on the part of the clerks," he said. "And we'll be running reports every month (to be sure)." From now on, clerks who fail to properly notify PennDOT will be disciplined, he said. State law says county clerk of courts offices have 10 days to make notification to PennDOT on license suspensions, but it lists no statute of limitations, O'Shell said. "I feel it's my obligation to submit the (old notifications)," he said. "I don't have any discretion in this. I must do what the law requires, albeit late." O'Shell said ignoring the past mistakes could cause him to be cited with a summary offense or even removed from office. Lebanon case: That's similar to what happened to Lisa Marie Arnold, 48, Lebanon County's clerk of courts. She remains charged with obstructing the administration of law and failing to comply with a court -reporting rule. Authorities allege Arnold told underlings she was the only person in the office who could send DUI license -suspension notifications to PennDOT, then kept all those records in a plastic bag inside a filing cabinet, The Associated Press has reported. So far, O'Shell's office has reviewed cases from as far back as 2008, he said. The numbers: Of about 12,000 drug -offense notifications that needed to be made to PennDOT since 2008, "we missed about 2,000," he said. O'Shell's staff began reviewing 2007 cases on Tuesday. "And we're going to go all the way back to 2004, when I became clerk of courts," he said, meaning more missed notifications will likely be uncovered. "I suspect the number will continue to grow, maybe by as much as 2,000 or 3,000 more," he said. O'Shell said he's received calls from a few criminal attorneys and a couple of state legislators, who received complaints from clients and constituents, respectively. Inconvenient: "Obviously I feel for these individuals, especially if they've gotten themselves together," he said. "I can see why it's unfair in their minds." But there's never a good time to lose one's license, O'Shell said. "It would have been inconvenient and prohibitive then, and it will be inconvenient and prohibitive now," O'Shell said. York attorney Jeff Marshall said he's been contacted by several people, including two former clients, who were notified their licenses are being suspended. One client's conviction is six years old, he said. Appeals process: Marshall said the appeals standard set by recent Commonwealth Court decisions requires PennDOT to prove the suspension delay was not its fault. If PennDOT can prove the delay was caused by another agency, such as a clerk of courts office, ' then the suspension is upheld on appeal, he said. '"There perhaps could be a challenge based on constitutional issues," Marshall said, but noted that relief granted by common pleas judges in some out -of -county cases was later overturned when PennDOT appealed to Commonwealth Court. "Quite frankly, it just seems unfair to these clients. Most of them have completed their supervision, gained employment and moved on with their lives," Marshall said. "It's a significant hardship." 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(/contact] JOIN THE CONVERSATION Offers and articles from around the Web ADVERTISEMENT You won't believe what Odd Trick "Fights" these child stars are Diabetes... up to now. New Site Exposes Pennsylvania: Here's a Anyone! So addicting little known way to pay down your mortgage Recommended for You I. HOUSEHOLDER: Thomasvllle's Hodnett continues... ► VOICE VIEWS: Meet Ryan 5111 of Team Gwen on The_ Saturday's York Reptile & Pet Expo to aid IocaL. k Pennsylvania expands property tax, rent rebate... ► Police: Pumpkins hurled at moving cars near_. ► Dill seeing mountain Ilan in.,. ��'b�6eBRfiEs Newly Emerged Bill Cosby Accuser Powe5Ehy Says She Wants People to... Ltogram' (FrmDall}^40.mm) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.%r! .�Crl Vt ��Z CHRISTIAN H. MURRAY VS. : Appeal of Suspension : of Operating Privileges COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER SCHEDULING HEARING ON APPEAL AND NOW, this al5:45 day of err4 , 20/Y, a hearing is scheduled on the appeal of Petitioner for, the 070-4 day of L5 , 20.14, at 9: a.mlp .?, Courtroom number 11 , of the Cumberland County Courthouse, Carlisle Pennsylvania. A copy of this Order has been served on Appellant. It shall be Appellant's the, responsibility to serve a copy of this Appeal, all attachments, and this Ord r rim attorney for the Commonwealth, at the following address: �=F Cn � <E5 CZ Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 -< .r - EN) CD It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. BY THE COURT: D-Ot e &e piesmajed I 1 f 1i,// JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN H. MURRAY : NO. 2014-6745 VS. : Appeal of Suspension : of Operating Privileges Z COMMONWEALTH OF PENNSYLVANIA, -.<> DEPARTMENT OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING > CERTIFICATE OF SERVICE The undersigned hereby certifies that on November 20, 2014 I caused to be mailed by Certified Mail No: 7014 0510 0002 3752 1549, Return Receipt requested, a copy of the Appeal from Suspension of Driving Privileges and all attachments to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 And for which the Return Receipt card which is attached hereto as Exhibit "A:" reflects by signature that the items were received on November 24, 2014. Date: December 1, 2014 SAIDIS, SULLIV A ROGERS Dean :. Re-ynos , ' squire Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Def ik SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. I Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DP-Ff CL04- Ch Counv_ 'few -at L.C2A.AD INA ibin v n Or-pkg. 3P-43 now IJ So-ui-in Si-. ro'slou , PA n/o14--Dzkd COMPLETE THIS SECTION ON DELIVERY A. Signatur X B. Received by (Printed Name) 0 Agent 0 Addressee t2orgtririy D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mate o Registered o Insured Mall Priority MaffExpress- eturn Receipt for Merchandise Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ( 7014,... 0510 i 0002i 3752 154% zi Transfer from service labe0 • PS Form 3811, July 2013 Domestic Return Receipt -• „ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN H. MURRAY : NO. 2014-6745 VS. : Appeal of Suspension : of Operating Privileges COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING CERTIFICATE OF SERVICE The undersigned` hereby certifies that on December 2, 2014 I caused to be mailed by Certified Mail No: 7014 0510 0002 3752 0580, Return Receipt requested, a copy of the November 25, 2014 Order of Court to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 And for which the Return Receipt card which is attached hereto as Exhibit "A:" reflects by signature that the items were received on December 4, 2014. Date: December 5, 2014 SAIDIS, SULLIVAN & ROGERS Dean'E. Reynosa; Esquire Attorney I.D. #80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant C-) rn 3 a SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IN Print your name and address on the reverse so that wecan return the card to you. 11 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: v r i Ct of Chief (Mai �✓�siol t Mete ctrot Tref c Law ,� nor �ir�U�r012� IiC� i v? {� /la (50,4 F?t Sim{ lian sba", P4 / 7/ a5/, COMPLETE THIS SECTION ON DELIVERY A. Signatu X B. Recel ed by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery ®4 c 4 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mall® 0 Priority Mail Express'" ❑ Registered XReturn Receipt for Merchandise ❑ Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article. Number (Transfer from service .. 7014 0510.0002 3752 0580 PS Form 3811, July 2013 Domestic Return Receipt •