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HomeMy WebLinkAbout06-2167 II WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee A PPF AT, OF T .TCF.NSF STlSPFNSTON AND NOW comes the Appellant, William Lee Christopher, by and through his attorneys, the Law Oftices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant resides at 985 Forge Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Appellant received a notice dated March 21, 2006, that as a result of his 01/21/2006 conviction in Delaware his driving record reflects a violation on 10/12/2005 that is similar to violating Section 3802A2 of the Pennsylvania Vehicle Code, DUI BAC .08-<.10, and his driving privilege is suspended for a period of one year, effective 4/25/2006 at 12:01 a.m. A copy of the Notice is attached as Exhibit "A." 3. Appellant submits that his conviction in Delaware was not for an oftense which is substantially similar to an offense enumerated in Pennsylvania title 75 9 3802. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted,') ../'. Date: April 18, 2006 ?---~-_.. ./'/ Marlin tf{arkley, Esquire Law Oftices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 lD# 84745 Te!. (717) 763-1800 - &- i;kl+ A- ". ;'! 06 01: 311' Kimber-I;:l Lar-gent 7172414484 1'.2 COMMOHWEAlTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATIOH Bureau of Driver Licensing Mail Datel MA~GH 21, 2006 ~ILlIAM lEE CHRISTOPHER 985 fORGE RD POBOX 23 CARlISl[ PA 17013 WID * 060736117817183 001 PROCESSING DATE 03/14/2006 DRIVER lICENSE * 19962003 DATE OF BIRTH 05/13/1963 Dear MR. CHRISTOPHER: This is an Of1':lcial Notice of the Suspension of your Driving Privl1e~e as authorized by Section 3804E21 of the PennsYlvania Vehicle Ceele. As a result of yeur 01/27/2006 conviction in DELAWARE: . Vaur driving record that is similar to Pennsylvania Vehicle ~ef1ects a violation on 10/12/2005 violating Section 3802A2 of the Code, DUI BAC .08-<.10. . Your driving priv,ilege is SUSPENDED '1'01' a period 01' 1 YEARIS) e'l''I'ective 04/25/2006 at 12:01 a.m. Your cenviction in DELAWARE is listed in Article IV of Sec- tion 1581 of the Pennsylvania Vehicle Code which mandates that PennDOT process specific out-of-stt3te convictions as though they had occurred in Pennsylvania. Before PennDOT can restore your driving privilegeJ you must folIo'. the instructions in this letter f~r COMPLYIHG WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDHIG PROOF OF IHSURAHCE. You ShOUld follow ALL instructions vepy .._._ ,_ __.. _c~e.'I' u.llJt--L- _!;v.e.rL..:l.:t yew. have. set'ved....a.ll--1:A€-...t.::.m............-t-h-e-------,-------- suspension/revocation. we cannot I'Qstope your driving priv- ilege until all the requirements ape satisfied. COMPLVCNG WITH THIS SUSPENSION You must return all cur~ent Pennsylvania driver's licenses, learnerls permits, temporary drive~'s licenses (camera cards) in your Possessjon on or before 04/25/2006. You may surrender these items before, 04/25/2006, for earlier credit; howeverJ you may not drive a-rter th~se item::s are Sllrr~r,dQred . YOU MAY NOT RETAIN YOUR DRIVeR'S LICENSE FOR IDENTIFICATION PURPOSES. However~ You may applY for- and obtain a pr.ota identIfication card at any Driver Ljcense Center ~6r ~ co~t ~f ~lO.OO. You ~ust pr~sent two (2) forms af proper iden- .~ -, ,~.-- .r 21 as 01: 31p Kimberl~ Lar~ent 7172414484 p.3 060736117817183 tific:ation (e.g~, birth certificate, l.lalid U.S. pas:~pcrt, marriage certificate, etc.) in orde~ to obtain your photo identification card~ You will not t'eoeive ol'edit towal'd serving any suspension until WE! receive \IOUI' 11cense(s). COl1lplete tne following steps to acknowledge this susPension. 1. Return all current Penn~ylvania driver's lic~nses1 learnerls permits and/or camera cards to Pe~,nDOT. If --_.y-,,,,--d.o"..n.,,.t--ha v.e...a ny -0 f.-1: he.."" .rtem.s,.-sel1o-;'--s W o-,'n--nOl:a -....... rized letter stating You are aware of the suspension of your driving privilege. You must specify in your letter wh~ you are unable to r'eturn your drive,Fs license. Remember: You may not retain you~ driver's license for identification purposes. Please send these items to: PennsYlvania Depa~tment af Transportation Bureau of Driver Licensing P.O. Box 68$93 Harrisburg, PA 17106-8693 2. Upon receiptJ review and acceptance of your PennsYlvania driver's licensees), learner's cermitCs)1 and/or a sworn notarized letter, PennDOT will send you a ~eceipt con- fir",ing the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, please contact our office.. Otherwise, yoU will not b~ given 'Credit toward .serving this suspension. PennODT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, we must refer thi3 matter to the Pennsylvania State Police far prosecution under SECTION 1571 Ca> (4) -----.""---.-'-~crf' tilt:! P~11Tf~l"fIaVenlcle L:ode. --,---------- PAVING THE RESTORATION FEE You must pay a restoration fee to PennO'OT to be restored from a suspension/revocation of Your driving privilege. To pay yeur 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 ensur-e proper- c~edit. 3a Follow the payment and mailing instructions on the back of the application. / / ,/1 , ;r 21 08 01: 311" ?,4 Kirnber"'l~ Larr;:ent 7172414484 / 06073"U7817183 IGNITION INTERLOCK Bafore your driving privilege can be restored >IOU an.. re- quired by law to have all vehicle (s) owned by you to be equipp.d with a~ Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approx- imately 30 days before your eligibility date. PROVIDING PROOF OF~_SUR~N~~ Within the last 30 days of your suspension/revocation, lole ------.-"-1--11 sand"-y-ou a i:""e-rt-er --a-rtiTIQ -n'iat YOU prOVIde proof of in- surance at that tillle. 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 !four 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 Cammon Pleas (Civil Division) within 30 days of the mail date, MARCH 21, 2006, of this letter. I~ you ~11e an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. 1n order for your appeal ta be valid, You must send this time-stamped certified copy of the appeal by certified mail to: PennsYlvanja Department of Transportation Office of Chief Counsel __ihi r d .E,l.lQ,or-,.~-.v-e-r-f~ro-n-t- (j-ff-ice--C'ent en--------- ---.- Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You lnust return all current Pennsylvania driver license products to PennDOT by 04/25/2006. Sincerely, ~ brertAJ Janet L. Dolan-, Actirig Director Bureau of Driver Licensjng WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee A TTORNFY VFRTFTfA nON I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, William Lee Christopher, hereby verifies and states that: I. I am the attorney for Appellant, William Lee Christopher; 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 I 8 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: April 18, 2006 Respectfully submitted, /--7 .,.,~,/-._.~., /'/ ./ / -------- ....- . ~ --~---"--""-' '/' - Marlin L. ~:kfrkley, Esq. Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 170 I 1-4706 ID# 84745 Tel. (717) 763.1800 WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee C'FRTTFWATF. OF SFRVWF 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, P A 17104 Respectfully submitted, ....J ." / , Date: April 18, 2006 " ...-" --~. .......~ ./ Marlin r.._M""~y~sq. Law OfficesofPatrick F, Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 II <:-:\ (~ ~~ ~. ~ t;;:;e:. ..r::. ,> ~ " M "..;'" ~. ~. ::a. (~ <;.:-> ~ ->or) II I) ~ --:J '-.. ..~ ~ ~ f'. ~ GJ ~? --":'> t.......... ~..-' <-~. " ..\ ~_. . p~n:(< l':iT':TE:n r I APR 1 9 2006 I kY:L~~J IJ II WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. OC: "rJJ&? COMMONWEAL TII OF PENNSYL VANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee AND NOW this cl- 4th ORnFR OF rOllRT day of ~ 2006, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the ;;rift!-- day of rt at ) 010 0 a.m.l~. in Courtroom No. . S of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(I) until such time that this honorable court resolves this appeal. BY THE COURT: I\\k W ~ J. Dj8tribution: ...LPA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 ~lin 1. Markley, E ., 2108 Market Street, Camp Hill, P A 17011 CL~ ~\)\D .'\7_ ~ rr. a '11? ~~ l ~ " .~ (.. ,- ',~..- .... ,~ , ./ " ! WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2167 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee MOTION FOR CONTINUANCE OF HEARING FOR A PPRA T, FROM SnSPRNSTON OF OPRR A TOR'S PRTVTT ,R(;R AND NOW, comes the Appellant, William Lee Christopher, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant resides at 985 Forge Road, Carlisle, Cwnberland County, Pennsylvania 17013. 2. Appellant filed an appeal of operator's license suspension with your Honorable Court on April 18, 2006. 3. A license suspension appeal hearing is scheduled before the Honorable M.L. Ebert, Jr. on July 28, 2006 at 10:00 a.m. 4. Appellant is a Funeral Director for Burg Funeral Home in Red Lion, Pennsylvania. 5. The week that Appellant's license suspension appeal hearing is scheduled, Appellant is the only Funeral Director available for the business. 6. Appellant respectfully requests your Honorable Court grant a continuance of the license suspension appeal hearing. 7. Attorney for the Commonwealth, Department of Transportation, George Kabusk, does not object to Appellant's request for a continuance. , , .' " WHEREFORE, your Appellant respectfully requests your Honorable Court grant a continuance of license suspension appeal hearing. ./ Respectfully s~b..mffied, -' " ~' Date: July 17, 2006 kley, Esquire s of Patrick F. Lauer, Jr., LLC 2108 M et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 .' II WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2167 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee A TTORNRV VF.RTFTCA TTON I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, William Lee Christopher, hereby verifies and states that: 1. I am the attorney for Appellant, William Lee Christopher; 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 sul]JBiti~d, ..'" ",.J'~- ..~~,..,."/,,,.. /'/- Date: July 17,2006 - Marlin L. arkle, Esq. ' Law Offices of atrick F. Lauer, Jr., LLC 2108 Market S~eet, Aztec Building Camp Hill, Pe~sylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 , I WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2167 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee CRRTTFTCATR OF SRRVTCR I hereby certify that I am this day serving a copy of the foregoing Motion for Continuance of Hearing for Appeal from Suspension of Operator's Privilege 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 A TIN: George Kabusk, Esquire Third Floor, Riverfront Office Center Harrisburg, P A 17104 Date: July 17, 2006 () ,_r..... · --1 , " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-2167 CIVIL WILLIAM LEE CHRISTOPHER, Appellant COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATORS LICENSE DEPARTMENT OF TRANSPORTATION, : SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this 20th day of July, 2006, upon consideration of Appellant's Motion for Continuance, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for July 28,2006 at 10:00 a.m. is continued. The hearing in this matter is rescheduled for October 4, 2006 at 9:00 a.m. in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Marlin L. Markley, Esquire Attorney for Appellant ~ ~ 1_;;J.c.ov C)-. George Kabusk, Esquire Attorney for Appellee bas . ,,:,..~...~,.~ .!I1] 9(::IIIPI0Z 9UDZ II WILLIAM LEE CHRISTOPHER, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 2167 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee PRARCTPR TO WTTHnRA W APPRAT. OF OPRRATORS T.TCRNSR SnSPRNSTON TO THE PROTHONOTARY: Kindly withdraw the license suspension appeal in the above captioned case filed on April 18, 2006. The Parties agree that Appellant's license suspension appeal hearing scheduled for October 4,2006 at 9:00 a.m. is no longer necessary. Respectfully s // /,.. ,.,;/ ;' arlin L arkl , Esquire ./ Law Offices of atrick F. Lauer, Jr., LLC 2108 Market treet, Aztec Building Camp Hill, ennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: October 4, 2006 Distribution: -P A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104 -Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 o ~; ...:.....,- ;-:-;'\ r--:> c::> c--::> Cl'"' o o --I , ..;. o -n ~ ::e..., r11r: fT1 l~', :';! ~:~~ -,.nl S~ -'> :P ~ -"":"111< :::'-;0'" ..;,- Cf? .$:"" ....... ~.