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Home My WebLink About06-2424 II CORYP.KELLY, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Dc.. - d.. Cf :2. If C~LLY~ : LICENSE SUSPENSION APPEAL APPFAT. FROM SnSPF.NSrON OF OPFRATOR'S PRrVn,FfiF AND NOW, comes the Appellant, Cory P. Kelly, by and through his attorneys, the Law Otlkes of Patrick F. Lauer, Jr., LLC, respectfully avers the following: I. Appellant resides at 236 Shanahan Lane, Loysville, Perry County, Pennsylvania 17047. 2. Appellant received a Notice dated April 3, 2006, that as a result of his alleged violation of Vehicle Code Section 1547 Chemical Test Refusal on March 9, 2006, his driving privileges were being suspended for a period of one year (I), effective suspension date May 8, 2006, at 12:01 a.m. 3. Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 4. Appellant submits that he did not knowingly or consciously refuse to submit to chemical testing. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respe~tfully submitted, . ~- r Date: I 1 ' L{, 11I~ Pick F. Lauer, Jr., Esquire L w Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 TeL (717) 763-1800 II r- CORYP. KELLY, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee A TTORNRV Vli'RTFW A TTON The undersigned, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: I. He is the attorney for the Appellant, Cory P. Kelly; 2. He is authorized to make this verification on his behalj~ 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and beliet; 5. He is aware that false statements herein are made subject to the penalties of ] 8 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: __~ .c;;.------:;? /f P- <:'--- Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2]08 Market Street, Aztec Building Camp Hill, Pennsylvania 1701 ]-4706 10#46430 TeL (717) 763-1800 II CORY P. KELLY, Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee CFRTfFJr A TF OF SFRVTCF I hereby certifY that I am serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: Lt /11 /IJ6 { , Pa . k F. La 1', 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 < '\A . \p'~ fi-\--.' Rpr 11 06 08:39<; S'r'NERT'oCH 717--703-6828 ",.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver ~icensing Mail Date: APRIL 03, 2006 LOY$VILlE PA 170~7 WID. 060866128294060 001 PROCESSI~G DATE 03/27/2006 DRIVER LlCENSE. 2655706. DATE OF BIRTH 08/20/1983 CORy P KELL'r 236 SHANAHAN LN Dear Hit. <ELL Y: T~is is an Official Notice of the Suspension of your Driving p'"lvilege as authorized by Section 1547Bl I af the Pennsylvania Vehicle Code. As e result of your violation af Section i547 of the Venicle Code, CHEHICAL TEST REFUSAL. on 05,,,'09/2006: . Vour driving orivi1ege is SUSpeNDEO for a pe~'1od of 1 YEAR(S) effective 05/08/2006 at 12.01 a.m. COMPLYiNG WITH THIS SUSPENSION You ~ust return Qll cu~rent Pennsylvania dri~er's licenses. learner's permits, temporary driver's licenses (camera cards) in your possessiQ~ on or before 05/08/2006. Yo~ may surrender these items before, 05/08/2006. for earlier credit; however, ,you may not dt~ive after these .items are slir'rendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR ID~NTIFICATION PURPOSES. However, you may apply for and obtai" a pnoto ide~t~ficatiQn card at any Driver License Center for a cost of $10.00. You must present twc (2) forms of proper' iden'. tification (e.g. ~ birth certificate, valid U.S. passport) marriage certifjcate, etc.) in order to obtain your photo identification card. You will not receive cl"ed11: towaro serv1r,g any suspension until we receive your license(s). Complete toe following st~ps to acknowledge this suspension. 1. Return all current Pennsylva~ia driver's licenses; learner's PQr-mits and/or camera cards to PenI1DOT. If you do not have any Of these items, send a sworn nota- rized le~ter stating you are aware of the suspension of your driving privilege. You mu,t ~pecify i~ vour letter why you are unable to return your driver'" license, Remember: Vou may not ~etain your driver1s license for identification purposes. Please send t~ese items to: Pennsylvania Department of Transport~tlon AI"r' 11 06 09,40.. SYNERTECH 717-703--8829 0608&6128294060 Bureau of Drive~ licensing P.O. Box 68693 Harrisburg. PA 17106-8693 2. Upon receipt~ re~iew and ecceptance of you~ ?ennsylvania dri.ver ~s licensees), learner' 5 permit (s), and/or a sWOl"'n notarized letter, Pen~OOT will s~nd you a recejpt con- firming the date that credit began. If lIOU do not re- c&ive a receipt from us within 3 weeks, please contact our office. Otherwise, you ....'ill not be given credit toward serving this suspension. PennDOT ~hone numbers are listed at the end of this letter. 3.. If you do not r-eturn all current dri~er 1 icense pro- du.cts) we must refer this matter to the Pennsylvania S"tate Police for prosecution under SECTION 1571 (al (4) of the Penn5vlvsnia Vehicl.e Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving pf1vilege, Te 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 ~our driver~s licen5e number (listed or. the firST page) on the check or' money order ta ensure Pi'ope" credit. 3. Follow the payment and mailing instructions on toe back of tne application. 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 03, 2006. of this letter. If you file an appeal in the County court, the court will give YOU a time-stomped eertified COpy of the appeal. In order for your appeal to be valid, you ~ust send this time-stamped certified COpy of the appeal by certified ~ail to: PennsYlvania Department of T~a"5Portation Office of Chief Counsel Third Floor. Riverfront Office Center HarriSburg, PA 17104-2516 Remember. this Is an OFFICIAL NOTICE OF SUSPENSIOIL You must ret~rn ~ll currant Pennsy~vania d~iver licen3e products to PennDOT b~ 05/08/2006. 1'.3 Rpr 11 06 08: 47,a SYNERTECH 717-703-6829 0608&6128294060 SincerelY I ~ brerv;J Janet L. Dolan, Acting DjrectDr Bureau of Driver Licensins INfORHATIOH 8100 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-Of-STAlE 717-412-5300 TOO OUT-Of-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.oa.us ,c p.1 ~ D rV 7ft 1l --- -------- ~ ---{ ~ ----:) ''-C:::: ~ -..j '0 ~ ~ err D ~ b +-- -F- , r .'-----. ,-..., ~.~:! ('""\ ~\ " ,. ~, ~.....,'...~' '_ vi _"<:...._~_-', 7 , I I MAY 0 3 2006 I ~_E~,T: CORYP. KELLY, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO.: ~-:N2Y eviL ~~ COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee OROF.R OF COURT AND NOW, this 5 T1---- day of ~ 2006, upon consideration of this APPEAL FROM SUSPENSION OF OPERA TOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on~ /3"f1- day of ~< f! if ' 2006, at II :Do o'clock Pi . m. in Courtroom No. 5 of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(l) until such time that this honorable court resolves this appeal. BY THE COURT: ~~ 1. l. Q~ ~r 'D~ Qiatribution: 1 0 /PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 atrick F. Lauer, Jr., Law Offices of Patrick F. Lauer, Jr., LLC, 2108 Market St., Camp Hill, PA 17011 'v'INV^lASNN3d JJ.NnO~~ O'\'lii:i8Wm €O:1 Wd S- AVlmOl AtNl0NOHlOl:lcl 3H1 :10 30l.:J:lO-031[j II CORY P. KELLY, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO.: 2006-2424 COMMONWEALTH OF PENNSYLVANIA,: PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION BUREAU OF DRIVER LICENSING, : APPEAL Appellee PRAECIPE TO WITHDRAW APPEAL OF OPERATOR'S LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the license appeal in the above captioned case. The hearing scheduled for July 13, 2006, at 11 :00 a.m. is not needed. atrick 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 Date: 7 lid ( eO , I Distribution: -P A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, P A 17011 -Cory P. Kelly, 236 Shanahan Lane, Loysville, PA 17047 -Judge M.L. Ebert Jr., Cwnberland County Courthouse, One Courthouse Square Carlisle, P A 17013 ~~ , 'f