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Home My WebLink About06-5670 , ANTHONY RAYMOND CRAYTON, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: Dl.o - 5lP70 C.ivi I lerm COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee APPEAl, FROM STTSPF,NSION OF OPF,RATOR'S PRIVTI,F,(:;F, AND NOW, comes the Appellant, Anthony Raymond Crayton, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: 1. Appellant resides at 73 East Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Appellant received a Notice dated August 31, 2006, that as a result of his alleged violation of Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege were being suspended for a period of (18) eighteen months, effective suspension date October 5, 2006, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. The Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 4. The Appellant submits that he did not intelligently and voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did not constitute a refusal. 6. If Appellant's actions are deemed to have been a refusal, Appellant submits that the chemical test warnings provided to him did not conform to 75 S1547(b)(2), and encouraged the Appellant to refuse to submit to the chemical tests. " WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Date: September 27, 2006 c/Marlin . M 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 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 31, 2006 ANTHONV RAVMOND CRAVTON 73 E WILLOW ST WID. 062366974103405 001 PROCESSING DATE 08/24/2006 DRIVER LICENSE. 23826988 DATE OF BIRTH 08/03/1960 CARLISLE PA 17013 Dear MR. CRAYTON: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIII of the Pen n s y I van i a Ve h i c I e Cod e . A s are suI to f yoU r v i 0 I a t ion of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 07/28/2006: · Your driving privilege is SUSPENDED for a period of 18 MONTHCS) effective 10/05/2006 at 12:01 a.m. 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 10/05/2006. You may surrender these items before, 10/05/2006, 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 certific~te, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your licenseCs). Complete the following steps to acknowledge this suspension. 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: 062366974103405 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 licenseCs); 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 se rvingthi s 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 Ca) (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 restora~ion 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 Clisted 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. AP~EAL You have the right to appeal this action to the Court of Common Pleas CCivil Division) within 30 days of the mail date, AUGUST 31, 2006, of this letter. If you file an appeal in the County Cou~t, the Cou~t will give you a time-stamped ce~tified 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 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 10/05/2006. 062366974103405 Sincerely, .bl.f.~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMA~ION 8:00 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us ANTHONY RAYMOND CRAYTON, 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 A TTORNRV VF,RTFTCA TTON The undersigned, Marlin L. Markley, Esquire, hereby verifies and states that: 1. He is the attorney for the Appellant, Anthony Raymond Crayton; 2. He is authorized to make this verification on his behalf; 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 belief; 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: September 27, 2006 Respectfully s // /' ,/ //".,. /' L;;./'- Marlin L.. ar ey, 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 !I I' I ANTHONY RA YMOND CRA YTON, 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 CF,RTTFTCA. TF, OF SF,RVTCF. I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rilles 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, PAl 7104 .~ Respectfu1~JVsubmitte /...-' "./ /' /' Date: September 27, 2006 Marlin . Law Offic of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ~~~ ~~ ~ ~ CJ' ~ ') "^ rf CJ ~-;~ ~ c::.::> <::::;:) t.-r- (/') '.~1 ~v N -J ,C~ :~\ ..< -c ~ .r:- ~ ~-n rn- r- -om _., S::1 ~.;i ~.~:~ '~~ '-IJ < . ANTHONY RA YMOND CRA YTON, Appellant v. tJ SEP 2 82006V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA t~ - ,jG,7() C~ : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AND NOW, this ~rL : LICENSE SUSPENSION APPEAL OROF:R OF COTTRT day of OLt. 2006, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on I~ a day of ~ 2006, at r;,;;o o'clock CL. m. in Courtroom No. / of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves~l) b \Jt ~(1 t (;) tk e- c:xt 0) t fl, J J 2 $u fCJs~J.~.s \i ~ ~ J 2 t,l to l ~\ 2l v l~ . 11 BY THE COURT: J. D~bution: ~A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104 - arlin L. Markley, Law Offices of Patrick F. Lauer, Jr., LLC, 2108 Market St., Camp Hill, P A 17011 __//f1{JU/~ '7J~CI , lols/f)/')/h t-..:I en "{(.; (i1 4- ~... y;:, ~..; ~~t- :o~ ;~ \.)( ~ \...>' ~. c-;:::> ~ \fj ANTHONY RAYMOND CRA YTON, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-5670 Civil Term COMMONWEALTH OF PENNSYL VANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee PRARCTPR TO WTTHnRA W APPRAT, OF OPRRATORS T,TC.RNSR SnSPRNSTON TO THE PROTHONOTARY: Kindly withdraw the appeal of operator's license suspension that was filed on September 27,2006, for the above-captioned case. The Parties agree that Appellant's license suspension appeal hearing scheduled for February 12,2007 at 9:30 a.m. is no longer needed. -"'. Respectfully submitted/ ~ .~ ~.""'--- ,/ ------ --. ,J'" J ~ , Marlin L. Markley, Esquire Law Offices 6fpatrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: February 5, 2007 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 -Anthony R. Crayton, 73 East Willow Street, Carlisle, PA 17013 -Honorable J. Wesley Oler, Jr. l"-~ (".;~;:\ ~-, ....... ~ ~ ;"''l-' GJ I CO (,) U1 C) ANTHONY RA YMOND CRA YTON, Appellant v. COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTA TION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 06-5670 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of February, 2007, upon consideration of the Praecipe To Withdraw Appeal of Operator's License Suspension, the hearing previously scheduled for February 12,2007, is cancelled. Aarlin L. Markley, Esq. 2108 Market Street Camp Hill, PA 17011-4706 Attorney for Appellant . Rfeorge H. Kabusk, Esq. V Riverfront Office Center 1101 South Front Street Harrisburg, PAl 71 04- 2516 Attorney for Appellee :rc BY THE COURT, 'v1NVA1N3NN3d I llqnn...... 1"1; R,J-' ,.~/"'t!^lnl'"\ 1\.1..1\ i".)cj ,,!;;',J 1~:r~Jfjtl tJ 9S : II WV Z J 83.:HOOl )J.:I\flONOH10tid 3H1 :10 301:HO-{J31!:1