HomeMy WebLinkAbout06-2165
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0 h - ;)..1 u ') (; v; it u to<
CORY ROBERT NAILOR,
Appellant
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, : Suspension
BUREAU OF DRIVER LICENSING,
Appellee
APPFAI, OF I JCFNSF, SIlSPFNSION
AND NOW comes the Appellant, Cory Robert Nailor, by and through his attorneys, the
Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following:
1. Appellant resides at 300 Tuckahoe Road, Dillsburg, Cumberland County, PelIDsylvania
17019.
2. The underlying violation that is alleged for this suspension occurred in Yark County.
3. The Appellant received a notice dated March 21,2006, that as a result of his 3/13/06
conviction of violating g 3736 of the Vehicle Code, Reckless Driving on 1/16/06, that his
driving privilege is suspended for a period of one year, effective 4/25/2006 at 12:01 a.m. A
copy ofthe Notice is attached as Exhibit "A."
4. The Appellant filed a Summary Criminal Conviction Appeal in York County Court on
April 11 , 2006 regarding his conviction on March 13, 2006.
5. The Appellant submits that there has not been a final disposition of his appeal and that he
would be unduly prejudiced if the suspension were to be imposed at this time.
6. There was insufficient evidence to convict the Appellant.
7. The Appellant denies he committed the offense.
WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an
evidentiary hearing on the matter and to reverse the Department's Order to suspend his
Pennsylvania operating privileges.
Respectfully submitted,
"
Date: April 18, 2006
----
-----
Marlin'[, arkley, Esquire
Law Offic s of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10# 84745 Tel. (717) 763-1800
('x ~, 1o..t II-
v
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MARCH 21, 2006
CORY ROBERT NAILOR
300 TUCKAHOE ROAD
WID * 060739283797369 001
PROCESSING DATE 03/14/2006
DRIVER LICENSE * 27778710
DATE OF BIRTH 04/08/1987
DILLSBURG PA 17019
Dear MR. NAILOR:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1532B of the PennsYlvania
Vehicle Code. As a result of your 03/13/2006 conviction of
violating Section 3736 of the Vehicle Code RECKLESS DRIVING
on 01/16/2006:
. Your driving privilege is SUSPENDED fo~ a pe~iod of 6
MONTH(S) effective 04/25/2006 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 inst~uctions ve~y
ca~efully. Even if YOU have se~ved all the time on the
suspension/~evocation, we cannot ~esto~e YOU~ d~iving
p~ivilege until all the ~equi~ements a~e satisfied.
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 04/25/2006. You may
surrender these items before, 04/25/2006, 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 $10.00. 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 ~eceive c~edit towa!"d se~ving any suspension
until we ~eceive YOU!" license(s). Complete the follOWing
steps to acknowledge this suspension.
060739283797369
I. 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 licensees), learner's permitCs), 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 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:
I. 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.
060739283797369
PROVIDING PROOF OF INSURANCE
Wi thin 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, MARCH 21, 2006, of this letter. IT YOU Tile an appeal
in the County Cou~tJ the Cou~t will give YOU a time-stamped
ce~tiTied copy oT 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 04/25/2006.
Sincerely,
];)~~
Janet L. Dolan. Acting Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (8:00
IN STATE
OUT-OF-STATE
TOO IN STATE
TOO OUT-OF-STATE
AM TO 6:00 PM)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
CORY ROBERT NAILOR,
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 TTORNFV VFRTFICA nON
I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Cory Robert Nailor,
hereby verifies and states that:
I. I am the attorney for Appellant, Cory Robert Nailor;
2. I am authorized to make this veritication 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 tacts 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: April 18, 2006
....M~lin L. arkley, Esq.
Law Offi es of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
1-
CORY ROBERT NAILOR,
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
CRRTTFWATF. 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 Centcr
Harrisburg, P A 17104
Respectfully submitted,
Date: April 18, 2006
.Marlin L. kley, Esq.
Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
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CORY ROBERT NAILOR,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. ()l-d/ 16
COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License
DEPARTMENT OF TRANSPORTATION, Suspension
BUREAU OF DRIVER LICENSING,
Appellee
ORnFR OF rOTJRT
AND NOW this d~'rL 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 d $S'fL day of -n
at '1:30 a.m./19I. in Courtroom No. ~ C) 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:
\~
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Dytribution:
vA'A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center,
Harrisburg, P A 17104
~arlin L. M~kley, Esq., 2108 Market Street, Camp Hill, P A 170 II
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II
CORY ROBERT NAILOR,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.: 2006 - 2165
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
: APPEAL OF OPERATOR'S LICENSE
: SUSPENSION
MOTION FOR CONTINUANCE OF HEARING FOR
A PPF, A T, FROM STTSPRNSTON OF OPRRA TOR'S PRTVTT ,R~R with CONCITRRRNCR
AND NOW, comes the Appellant, Cory Robert Nailor, by and thrQ~gh his attorneys, the
Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following:
1. Appellant resides at 300 Tuckahoe Road, Dillsburg, Cumberland County, Pennsylvania
17019.
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 9:30 a.m.
4. Appellant has a pending summary criminal conviction appeal hearing scheduled for July
26, 2006 at 9:00 a.m. at the York County Courthouse.
5. Appellant respectfully requests your Honorable Court grant a continuance of the license
suspension appeal hearing to allow York County sufficient time to rule upon the summary
appeal and provide the documentation that would be used for the license suspension appeal
hearing.
6. Attorney for the Commonwealth, Department of Transportation, George Kabusk,
concurs with my request of Appellant's continuance.
(
II
;1
WHEREFORE, your Appellant respectfully requests your Honorable Court grant a
continuance of license suspension appeal hearing.
Date: July 17,2006
"Marlin L. M
Law Offices of atrick F. Lauer, Jr., LLC
2108 Market S eet, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
''':''"~'","'''.,,~"',.
I'
II
CORY ROBERT NAILOR,
Appellant
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 2006 - 2165
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
: APPEAL OF OPERATOR'S LICENSE
: SUSPENSION
A TTORNRV 'VRRTFTCA TTON
I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Cory Robert Nailor,
hereby verifies and states that:
1. I am the attorney for Appellant, Cory Robert, Nailor;
2. I am authorized to make this verification on my client's behalf;
client;
3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my
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.
Date: 'July 17, 2006
Respectfully submitted,
/~
,/
...-
,./'
arlinL Mar
Law Offices 0 . atrick F. Lauer, Jr., LLC
2108 Market Street, Aztec BUitding '" . .,
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
., '.-~i>' .._.... ',_",.
,
II
CORY ROBERT NAILOR,
Appellant
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 2006 - 2165
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
: APPEAL OF OPERATOR'S LICENSE
: SUSPENSION
CRRTTFTCA TR 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
"
CORY ROBERT NAILOR,
Appellant
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2006-2165 CIVIL
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 9:30 a.m. is continued.
The hearing in this matter is rescheduled for August 23, 2006 at 2:30 p.m.
in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
,~
J.
M. L. Ebert, Jr.,
Marlin L. Markley, Esquire
Attorney for Appellant
George Kabusk, Esquire
Attorney for Appellee
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CORY ROBE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO.: 2006 - 2165
TII OF PENNSYL V ANlA,:
DEPARTMEN OFTRANSPORTATlON,
BUREAU OF RIVER LICENSING,
ppellee
: APPEAL OF OPERATOR'S LICENSE
: SUSPENSION
MOTION FOR CONTINUANCE OF HEARING FOR
AND W, comes the Appellant, Cory Robert Nailor, by and through his attorneys, the
I. Appell t resides at 300 Tuckahoe Road, Dillsburg, Cumberland County, Pennsylvania
atrick F. Lauer, Jr., LLC and respectfully avers the following:
17019.
2. Appell t filed an appeal of operator's license suspension with your Honorable Court on
April 18, 2006.
3.
suspension appeal hearing is scheduled before the Honorable M.L. Ebert, Jr.
on August 23, 2 06 at 2:30 p.m.
4. On July 26,2006, York County Court of Common Pleas reduced Appellant's reckless
driving charge t careless driving, the reckless driving was the underlying summary offense that
resulted in this s pension that Appellant has appealed.
5. t 21, 2006, the Attorney for the Commonwealth, Department of
Transportation, eorge Kabusk advised me he is still awaiting the documentation from York
County Court 0 Common Pleas so that he can correct Appellant's'driving record and rescind the
suspension.
.'
II
6. Appell t's attorney and the Commonwealth Attorney, George Kabusk have agreed to
continue this c e and anticipate that the proper documentation will be forwarded to PennDot
and that this ap
will be resolved without a hearing being necessary.
7. Appell t respectfully requests your Honorable Court grant a continuance of the license
suspension ap
hearing to allow York County Court of Common Pleas enough time to
entation to PennDot.
8. Attorne for the Commonwealth, Department of Transportation, George Kabusk,
concurs with m request of Appellant's continuance.
WHE . FORE, your Appellant respectfully requests your Honorable' Court grant a
continuance of 'cense suspension appeal hearing.
Respectfully submitted,
Marlin L. kley, Esquire
Law Office of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
Date: August 21 2006
,
.
II
CORY ROBE T NAILOR,
ppellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO.: 2006 - 2165
TII OF PENNSYL V ANlA,:
DEPARTMEN OFTRANSPORTATlON,
BUREAU OF RIVER LICENSING,
ppellee
: APPEAL OF OPERATOR'S LICENSE
: SUSPENSION
A TTORNFV VERIFTCA TION
L. Markley, Esquire, undersigned counsel for Appellant, Cory Robert Nailor,
d states that:
1. ttorney for Appellant, Cory Robert Nailor;
2. I am au orized 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 lief; and
5. I am aw that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to sworn falsification to authorities.
Respectfully submitted,
~
Date: August 22, 006
lin L. ey sq.
Law Offices ofPatiick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID#84745 Te1.(717)763-1800
II
-'
CORY ROBE
COMMONWE
DEPARTME
BUREAU OF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO.: 2006 - 2165
TH OF PENNSYLVANIA,:
OF TRANSPORTATION,
RIVER LICENSING,
ppellee
: APPEAL OF OPERATOR'S LICENSE
: SUSPENSION
CF.RTlFlCATF, OF SF.RVlCF.
I hereby rtify that I am this day serving a copy of the foregoing Motion for Continuance
of Hearing for ppeal from Suspension of Operator's Privilege upon opposing counsel by
depositing a cop of the same in the United States Mail, Camp Hill, Pennsylvania, through first
class mail, certifi , return receipt requested, postage paid and addressed as follows:
Pennsylvania De artment of Transportation
Office of Chief C unsel
AnN: George busk, Esquire
Third Floor, Rive ont Office Center
Harrisburg, PA 1 104
Date: August 22, 2 06
Respectfully submitted,
~
arlin L. M
Law Offices fPatrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
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~RECEIVED i
AUG 2 ~ 2006
BY:
CORY ROBERT NAILOR,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO.: 2006 - 2165
COMMONWEAL TII OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, : APPEAL OF OPERATOR'S LICENSE
Appellee : SUSPENSION
OROF.R OF COTTRT
AND NOW, this dJ J'k:l. day of ~ 2006, upon consideration of
this Motion for Continuance of hearing scheduled for August 23, 2006 at 2:30 p.m. on APPEAL
FROM SUSPENSION OF OPERA TOR'S PRIVILEGE,
IT IS HEREBY ORDERED that this Hearing shall be ~.........0-
hearing shall be rescheduled for ~ ~.JOD(P at q':~D It/)}
Courtroom # S of the Cumberland County Courthouse, Carlisle, Pennsylvania.
. The
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BY THE COURT:
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Distribution:
-PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center,
Harrisburg, PA 17104 , 'f;JJ.o'
-Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, P A 17011 .~ ~
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II
CORY ROBERT NAILOR,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.: 2006 - 2165
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL
Appellee
PRARCTPR TO WTTHDRA W APPRAT. OF OPRRATORS T.TC'RNSR STTSPRNSTON
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 9:30 a.m. is no longer needed.
/Marlin L. , kley, Esquire
Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
Date:
9, 2. U Zt7~t,
Distribution:
-PA Dept. of Transportation, Office of Chief Counsel, George H. Kabusk, Esq., Third Floor,
Riverfront Office Center, Harrisburg, P A 17104
-Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011
-Cory R. Nailor, 300 Tuckahoe Road, Dillsburg, PA 17019
-Judge M.L. Ebert, Jr., Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
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