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Home My WebLink About06-4885 II . CORY 1. ERHARD, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ; NO. 0(,' 'IF;$" ~ r~ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee APPRAJ. OF OPRRATOR'S T.TCFNSF, STlSPRNSTON AND NOW comes the Appellant, Cory 1. Erhard, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant resides at 13 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Appellant received a notice dated August 4, 2006, that as a result of his OS/23/2006 conviction of violating Section 3802AI of the Vehicle Code Dm GENERAL IMPAIRMENT on 08/2012005, his driving privilege is SUSPENDED for a period of I YEAR(S) effective 08/02/2007 at 12:01 a.m. A copy of the Notice is attached as Exhibit "A." 3. Appellant submits that his conviction was for an ungraded misdemeanor under section 3802(a), he was/is subject to the penalties provided in section 3804(a), and he has no prior offenses. 4. Section 3804( e X2Xiii) provides that his drivers license shall not be suspended. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. -- ..,:;::...... Date: August 22, 2006 arlin 1. ar ey, Esquire Law Offices fPatrick F. Lauer, Jr., LLC 2108 Marke Street, Aztec Building Camp Hill, ennsylvania 17011-4706 ID#84745 TeL(717)763-1800 . . fxhjhtt A - - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 04. 2006 CORY L ERHARD ],3 ENCK DRIVE BOILING SPGS PA ],7007 WID' Ob209b],],790935], DO]' PROCESSING DATE 07/28/20Db DRIVER lICENSE' 2b38795]' DATE OF BIRTH 04/2]'/]'983' LICENSE IN BUREAU Dear MR. ERHARD: This is an Officia1 Notice of the suspension of Yo~r Driving Privilege as authorized by Section 3804E2I IIf the Pennsylvania Vehicle Code. As a result of your OS/23/2006 conviction of violating Section 3802Al of the Vehicle Code DUI GENERAL IMPAIRMENT on 08/20/2005: · Your driving privile~e is SUSPENDED for a period of- 1 YEAR(S) effective 08/02/2007 at 12:01 a.m. This suspenSion is in,addition to any other suspensions al- ready on Your record. IGNITION INTERLOCK Before your driving priVilege can be restored yoU are re- qUired by law to have all vehicle(s) owned by YOU to be a.quippa" \lith aft 19..i tion - Inter 10",--'8>>-::" l.jW. Th.J~'J:s II resu~ ~ of your conviction for Driving Under the Infiuence. You will receive more information regarding this reqUirement approx- imately 30 days before Your ~ligibility date. PROVIDING PROOF OF JNSURANCE Within the last 30 days of your suspension/revocation. we will send you a letter asking that yOU provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if YOU do not own a vehicle registered in PennsYlvania. %MPORTANT: Please make sure that PennDOT is notified if YOU move from your current ~ddress. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. / 062096117909351 APPEAL You have the right to appeal this action to the Court of COII..on Pleas CCivil Division) within 30 days of the ..ai"l date, AUGUST 04, 2006, of this letter. I~ you ~1le an appeal in the County Court. the Court will give you a t1me-sta.ped cert1~1ed copy o~the appeal. In order for your appeal to be valid, yOU lIust send this ti..e-sta"ped certified COpy of the appeal bY certified.ail tOI -PennsYlvania Depart..ent of Transportation D~~i~. n~ ~hi.f touR..I Third Floor, Riverfront Office Center Harrisburg, PA Itl04~2S16 Re..e..ber, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, tJ,.e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8100 a.... to 6100 0.... IN STATE 1-800-932"'4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5~~0 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS w!iiw.d..v.state.oa.us :',:',;:' .',,'-'1' II " CORY 1. ERHARD, 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 TTORNRV VF,RIli'TC'A TTON !, Marlin 1. Markley, Esquire, undersigned counsel for Appellant, Cory 1. Erhard, hereby verifies and states that: 1. I am the attorney for Appellant, Cory 1. Erhard; 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; 40 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 CoSo 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: August 22, 2006 Marlin . arkley, Esq. Law ffi s of Patrick Fo Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 If 'I CORY L. ERHARD, Appellant v. : IN TIill COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee CF.RTTFICATF, OF SF,RVTCF. 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 Date: August 22, 2006 -- Marlin L. e ,Es ' Law Offices of atrick F. Lauer, Jr., LLC 2108 Market eet, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ~~~ ~~ :0, ~ \)~ ~ (j\ (.)..1 , ) ~ (') c <. v~=t~ 1\1 \ ~'?'~ U:" ~; t'~: 2': :<!. r-> "'" => d' yo c:: 6'> N N .." :J:: .::.~ - ~ ~~ \:")1)) .00 9(:> .,~ ., (~~ .;:..\..) .I-..fl\ c:J, 5; '< <:;:) l'5r.:: i'""< f"7"-"'T . '.,-c: . ~~.~..,'f ': '/,":u_)' ~ II 'I . AULi.2 4. lUUD BY: v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~-4fr~ /I - - 11 : NO. v ~ CORY 1. ERHARD, Appellant COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee ORnER OF rOITRT AND NOW this ..3~ "fA day of 2006, upon consideration of the within APPEAL OF OPERATORS LICENSE USPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the;Qrtof day of -;1...flAh~Y7h.A or at ;;).; 36 n III. /p.m. in Courtroom No. t/ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: 44- pistribution: .I-P A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 171,.9.4 . -Marlin 1. Markley, Esq~l 08 Market Street, Camp Hill, P A 17011 . ~ ':-..0 0004; VINlfl\l/,SNN3d UN"'~ ....... .~. "'.~. '^'n" J ) L)' \ ....'.' "":':::-:::--;1'1l v ez :8 \\IV Ie tlOV 90UZ ^'U\<lO""'" ',,'" I ~Hl '0 Cl v j\jl,)~"\':~I.,)~JC.;j1 :l :j~il:i:i.;J-Q311.:f CORY L. ERHARD, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-4885 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORT A TION, BUREAU OF LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER AND NOW, this =/. day of September, 2006, at the request of counsel for the appellant, and with the concurrence of counsel for PennDOT, hearing in the above matter set for November 22,2006, is continued to Thursday, November 30,2006, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Marlin Markley, Esquire For the Appellant ~.1J 7 A. Hess, 1. George Kabusk, Esquire For PennDOT . ~ 9. 01."t. ~ :rlm l "I ~U :Cl $ ~'d L 'i'1 J~ -:('1 CORY L. ERHARD, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4885 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee PRARCTPR TO WTTHllRA W APPRAT. OF OPRRATORS T .JCF,NSR SnSPF,NSTON TO THE PROTHONOTARY: Kindly withdraw the license suspension appeal in the above captioned case filed on August 22,2006. The Parties agree that Appellant's license suspension appeal hearing scheduled for November 30, 2006 at 2:00 p.m. is no longer needed. Respect~lJy'.sGbmitte ...- ,I''" .-- /t1arlin . M ey, Esquire , Law Offic of Patrick F. Lauer, Jr., LLC 2108 M et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: November 29, 2006 Distribution: -PA Dept. of Transportation, Office of Chief Counsel, George H. Kabusk, Esq., Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -Cory Erhard, 13 Enck Drive, Boiling Springs, P A 17007 -Judge Kevin A. Hess, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 2 ;.....- ~d ""0\:,;- \~'1.t'~.'. .~ -'-:~ 's'--1" tr)'~: :::.:c';,'" r;.c ~(j '~L~ 7S;. F."? '~ ~ ,~ ~\ o ;;;, ~ ~ ~~ ::;;.\ ~ - ., - ...J