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Home My WebLink About00-01173 APR 1 9 20001/ JARED FRANKLIN SAWYER, : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, v. : NO: fJa -- //73 e;.,. V COMMONWEALTH OF PA DEPARTMEN1' OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING Respondent. ORDER AND NOW, thiS~daY of ilf ~~ \ , 2000, the license suspension appeal having been transferred from Perry County, Pennsylvania, a hearing is set for the ~1b.- daYOf9,t?..~ , 2000, at /:dtJ o'clock U --1-,m, in Courtroom No, . I of the Cumberland County Courthouse, C~lis~~ ., ":':,,"; --' 'I :< ""~"" "TJr, :"':~1 Cumberland County, Pennsylvania, for purposes of hearing a license susp~lon >j :-.-.:: L p..,.:~ en _~-- ,--- -< - ~-::: ~~ ~t~ f_ .. ;2: :=) --<. (1\ _~.... appeal filed by the Petitioner herein, ~~~l -~ ~~=) BY THE COURT: .--,..' ..:~f~ ~j :'l ~- +,,;;2 1. ". 'r ~~ i I ..../ I (r fo f-' 5' ~ r l, W ~ r i I , ~js~ ~' c', c ;. 4-i:;., _~.I:> i',; "'~'I=.' 251---'~ ::;-~i...r +c-, cSl~:~; -in a::.. ;:::; (', ~i"I ;::? ~~1:'~; ~J" +, -< !< I I 1 i I I , I I I ' ."'""'" , '..'! i i ;.i I Pril1tlid by: IMAI LimIted;. Form ti-102 E8176831 i I I I ! I I I I ~ f,; ~ In I i I'm l~ i ~ P ~~ II~ Iffi~ i,.K; I 1-', i ,,0 I I m ~ " i m I ~~i,ffi~lre Iml~ I ~ ~ ~ ~ I~ Ii ~ I r "'!ol::r f-'>O ~ ~ ~ 10 ro 0 , I IW 1>-3 H1 !!L b, I !~ I~ ~:il ~l ~I~ ~I~ ~ I II J P ;W ! ..... U1 - 8 ~ @ I-< .!J @ I-< ~ '< ro ..... I-< ..... ro - 'C tv I-< 0 o 0 '0 0 ~ I ~ ~ g p-. ro g f-' f-'. rt' ro 0 m rt' H1 I-< ~ ~ ~ ~ - ro I-< tv o o o 1 f? ~ @' rt' I~ I ..... .. 1 tv o o o - ro >< f-'. rt' rt' o L,j- a ~ ro >< f-'. rt' () i() ,rt' 10 IOJ !rt' Irt' k ,- I ,H, If-'. If-' If!' I I I I I I ~ rt' ro I-< rt' o rt' ffi () g rt' o H, () ~ g ~ ro OJ m o H1 ~ I-< f-' ,~ I~ ~ tl l~ n ~ . ! ~ " " tv ..... CD -..J - - f- ~ ~ ~ 1 ~ ~ ~ f,t rt' ~ ..... tv I ..... -..J 1 ~ t<J - ro >< f-'. IT () () IT o ~ ~ ~ ~ I-< - H1 f-'- f- ro . .Q :::s lro 'I-< ! f- t<J ~ ~ I r; () ro ::s rn ro ~ ~ rn f-'. o ::s >6' 16 OJ f-' H1 f-'. f-' ~ - ro >< f-'. IT rt' o w. c .E' ro . Ie.., \PJ 'I-< lro '~ ~~ - 117J eto:{ I i , , , I I 'hj 'I-< .~ If-' il-'" '::S 1m ~ t<J ~ I f-' o ~ ..... , c' (j ~ JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA v. 99-1091 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this l 't ft1day of Fe0V'-l.tlJ-' 2000, upon consideration of the Department's Motion to Transfer Matter to the Court of Common Pleas of Cumberland County Where Proper Venue Lies, this Court grants the Department's motion and it is hereby ORDERED that this matter be TRANSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY where proper venue lies. It is further ORDERED that that all costs, including transfer costs and filing fees, are to be paid by the petitioner, Jared Franklin Sawyer, and the petitioner, Jared Franklin Sawyer, shall ensure the case is transferred and filed within 60 days of the date of this Order. It is further ORDERED that the Department of Transportation shall reinstate the suspension of operating privileges, if the appeal has not been filed in accordance with this Order, By the Court: .. 0::' ""' -roo, J. r DISTRIBUTION: c George H. Kabusk, Esq'liire, PennDOT, Office of Chief Counsel, Riverfront Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 p, Richard Wagner, Esquire, Mancke, Wagner, Hershey & Tulley, 2233 North Front Street, Harrisburg, P A 17110 '-11 o o v, IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA 9lM091 ~. ;Nvv - //'73 ~ 'T~ JARED FRANKLIN SAWYER, PETITIONER COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION TO TRANSFER MATTER TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WHERE PROPER VENUE LIES The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H, Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Jared Franklin Sawyer a notice dated November 17, 1999, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on November 7,1999, his driving privilege was being suspended for a , ' ~"> CJ period of one year. :3 3: --< ,::_:':,_ ,~, n,", 2. Mr. Sawyer filed an appeal of the above menfion.ed s~ensio!J. in the Court of ~ -' Common Pleas of Perry County. "'0 ..-' ,. J N i<~~1 3. A hearing in the matter is scheduled for Febniaiy;23, gaOO, a1"l:00 p.m. in Courtroom b_ -. 2, Perry County Courthouse, New Bloomfield, Pennsylvania. 4. The refusal was reported to the Department of Transportation by Corporal Scott Wolfe ~'-, - o , r-\ ,j who is employed as a police officer for Mid-Cumberland Valley Regional Police Department. See Exhibit 1. 5. Cumberland County is the location where the arrest for a violation of75 Pa, C.S, S 3731 (relating to driving under influence of alcohol or controlled substance) and the violation of Section 1547 of the Vehicle Code occurred. 6. Section 933 of the Judicial Code states that the venue shall be in "the county where the arrest for a violation of75 Pa, C,S. S 3731 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa, C,S. S 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence", 4:2 Pa. C.S. 933. 7. The proper venue for this matter is in the Court of Common Pleas of Cumberland County. 8. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 ofthe Vehicle Code. 9. The undersigoed contacted P. Richard Wagoer, attorney for the petitioner, and Mr. Wagoer has no objection to granting of this motion. WHEREFORE, the Department respectfully requests that this matter be transferred to the Court of Common Pleas of Cumberland County where proper venue lies. Respectfully submitted, I. , , ~;! . Date: February 9,2000 ~ ' I i7 " ~ c . o ,i~WL George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 (-0, "",,.I o JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA v. 99-1091 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of The Motion To Transfer Matter To The Court Of Common Pleas Of Cumberland County Where Proper Venue Lies upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail: P. Richard Wagner, Esquire Mancke,Wagner, Hershey & Tulley 2233 North Front Street Harrisburg, PA 17110 !!::,&.~( Assistant Counsel Department of Transportation Riverfront Office Center 110 1 South Front Street Harrisburg,PA 17104-2516 (717) 787-2830 DATE: February 9,2000 '. ,. , ! o . . o JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA v. 99-1091 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion to Transfer Matter are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. d:~Ld..Cc Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: February 9,2000 " ~-< ' o ",",,-Y o COMMONWEALTH OF PENNSYLV ANlA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER-THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 TELEPHONE: (717) 787-2830 FAX: (717)705-1122 February 9,2000 Brenda Albright, Prothonotary Court of Common Pleas, Perry County Perry County Courthouse Center Square New Bloomfield, P A 17068 Re: Jared Franklin Sawyer v. Commw. ofPa" DOT, BDL, No. 99-1091, License Suspension Appeal Dear Prothonotary Albright: Please find enclosed for filing an original and four copies of the Department's Motion to Transfer Matter to the Court of Common Pleas of Cumberland County Where Proper Venue Lies and a proposed Order in the above-mentioned case. The case is scheduled for hearing on February 23,2000, at 1 :00 p.m, in Courtroom No.2, in the Perry County Courthouse, New Bloomfield. The Department is requesting that this matter be transferred to the Court of Common Pleas of Cumberland County. Kindly return to me two stamped in copies of the Department's motion in the enclosed self-addressed stamped envelope. Thank you for YOlJ.fcoop.\lIation. If you have any questions, please feel free to call me, :~ <;':J ,~, ('< ." G.. (,_- " :...l_ ~ ~ , c.. Sincerely, hK~ George H. Kabusk Assistant Counsel r-" ,-- cr.: CC .' I L co <1.: {~ J ;C-.O., c--' Enc. cc: P. Richard Wagner, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street, Harrisburg, P A 17110 ;,., "~I ..........~ O...,j ,"", (j JARED FRANKLIN SAWYER : IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA v. NO. 99-)09/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION . . ORDER AND NOW, this --11 f*. day of Jecem b~r , 1:!.i:L, upon Petition of JARED FRANKLIN SAWYER, a hearing is set for the .~ ~(' ~~ day of ~DMU I , ~ ' at \\ec 0' clock ~.m. in Courtroom NO.~ of the Perry County Courthouse, New Bloomfield, Perry County, Pennsylvania, all proceedings to stay meanwhile. Pursuant to S 1550(b) of the Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending final determination in this matter. BY THE COURT: J. ;-'.) ~ :::X:.l .... "0 :-eJ ;......1 i71 ,-J', .. ) _-00:, '--.J - .. ~~ r .,. . I ,,..,., I"i;e.;,)' o JARED FRANKLIN SAWYER IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA v. : : NO. 99-/09/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LZCENSE SUSPENSZON APPEAL AND NOW, comes your Petitioner, JARED FRANKLIN SAWYER, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following License Suspension Appeal: 1. Petitioner, JARED FRANKLIN SAWYER, is an adult individual residing at 1232 Bower Road, Shermans Dale, Perry County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania. 3. Petitioner received a notice of license suspension dated November 17, 1999, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit A, for an alleged violation of S1547 of the Motor Vehicle Code, refusing to take a chemical test. 4. The notice of suspension is as a result of a incident that allegedly occurred on November 6, 1999. 5. The license suspension is invalid, impr~er and invalid 3: for the following reasons: .-,..,{ ",.-,. , I_~' ;~i - . ~~ ,-, r " _ _r (j..; c. ; :')? (') "-: c ~ A. The officer did not have a reasonable basis to stop Petitioner's vehicle; B. The officer failed to advise Petitioner of the appropriate rights under the law; C. The Petitioner herein did not refuse to take the test as requested by the officer; WHEREFORE, Petitioner requests this Court to grant his appeal from the license suspension. Respectfully submitted, Mancke, wag/ Hershey & Tully By /p ichard Wagne , Esquire 1.D. #2310 orth Front street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: /,t( ~ /4. -- 7/ -;;,;;nilfll~_ -_'_" _"\"_"I~_'_";_'_ n"~~"v " , ~ ,. o o VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. fJ 0"'7 DATE: IZ//c., /1 i '( ( ]'. '1~ - n \, / n COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 17, 1999 SHERMANS DALE PA 17090 993146112137378 001 11/10/1999 24793484 03/13/1979 JARED FRANKLIN SAWYER 1232 BOWER ROAD Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 11/07/1999, your driving privilege is being SUSPENDED for a period of 1 YEARCSl. In order to comply with this sanction YOU are required to return any current driver's license, learner's permit and/or temporary driver's license Ccamera card) in your possession no later than the effective date listed. If you cannot complY with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that yoU are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca)C4) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if yOU do not surrender your license, credit will not begin until all current driver's license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WIll SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 12/22/1999, 12:01 a.m. ******************************************************************** IWARNING: If you are convicted for driving while your license is I Isuspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I ******************************************************************** EXHIBIT A ~ _ '__j ,-~ "" 'r o n \. ~ 993146112137378 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court at' Common Pleas (Civil Division) within 30 days of the mail date of this letter, NOVEMBER 17, 1999. If YOU file an ap- peal in the County Court, the Court will give you a time- stamped certified COpy of the appeal. 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 Sincerely, ~~,~ Rebecca L. Bickley, 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 (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-:391-6191 ;>1~""'f~ ", -' ~ , ~"~"' (""I \<<,-.-Y n \ / CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I am this day serving a copy of the foregoing document to the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing the same in the united States Mail, Harrisburg, Pennsylvania, certified mail, return receipt requested, and addressed as follows: George Kabusk, Esquire Office of Chief Counsel Department of Transportation 1101 South Front Street Harrisburg, PA 17104 By ~~~ Debra K. Spin r, Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Petitioner DATE: M/I~/'1q I / 1",":'r' ->----'"'-"1-.' -' _ n ," I ~ , 'JOll 9 laao r/fJ JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1173 COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ day of ::ru\\ , 2000, the Department having requested that the above-mentioned matter be continued because Officer David Miller, who is the arresting officer and a necessary witness in this matter, is unavailable to testify on July 24, 2000, and without objection of the continuance by the petitioner, the appeal filed in the above referenced matter is CONTINUED and RESCHEDULED for the .5' LJt, day of ~.u-U , 2000, at /: 3lJ ]p.m., in Courtroom Number 1 in the Cumberland County Courthouse, Carlisle, P A BY THE COURT DISTRIBUTION: George Kab~~lJ~9ill,~e'-. Riverfront Office Center, 1101 South Front Street, Harrisburg, P A 1;u,\I,4~~t<<;~ \N:!~. P. Richard Wagne~, Esqaiib:i~ancke, Wagoer, Hershey & Tully, 2233 North Front Street, IiI:~jJ):,$, M 117W:)" ,- -~' "" ll.l r; '.) '\)~'.I",;/;I;"hi;L ~i:'itJ~_!~ . i:~ 1- .20-~O;l.b v ie',," I''''''' "~~~~ , ' JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1173 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Jared Franklin Sawyer a notice dated November 17, 1999, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on November 7, 1999, his driving privilege was being suspended for a period of one year. 2, Mr. Sawyer filed an appeal of the above-mentioned suspension in the Court of Common Pleas of Perry County. 3. Upon motion by the Department of Transportation, the matter was transferred to the Court of Common Pleas of Cumberland County. 4. A hearing in the matter is scheduled for July 24, 2000, at I :30 p.m. in, Courtroom No. I, Cumberland County Courthouse, Carlisle, P A. -,- !^ " < , ' 5. The refusal was reported to the Department of Transportation by Corporal Scott Wolfe of the Mid Cumberland Valley Regional Police Department. 6. Officer David Miller was the arresting officer in the incident and is a witness for the Department of Transportation in this matter. 7. The undersigned was informed that Officer Miller will be unavailable to testify on July 24,2000, because he is scheduled to be out of the area on vacation for the week of July 24,2000. 8. The undersigned counsel respectfully requests a continuance and that the case be scheduled at a later date. 9, The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 10. The undersigned counsel contacted P. Richard Wagner, Esquire, attorney for the petitioner, and Mr. Wagner indicated he has no objection to the granting of a continuance in this matter. WHEREFORE, the Department respectfully requests that its Motion For Continuance be granted and that the aforesaid hearing be continued. Respectfully submitted, .9;Ck-?f it~ c George . Kabusk, Esqulfe Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, PA 17104-2516 ""'" ~ ~ r- - ~ . y , ' (717) 787-2830 Date: July 19, 2000 "- '"_T_.""",,,__ ~'- '- "~~-':'C".:. , -,I '. , . 'I... .., , ' JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO, 00-1173 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements ofthe Pennsylvania Rules of Civil Procedure: By rust class mail, prepaid, addressed to: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, P A 1711 0 Jt/t,I!:h/c George H abusk Assistant Counsel Department of Transportation Riverfront Office Center 11 0 I South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: July 19, 2000 HJF"~"f!i ocr - 9 ~ . \\ JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 00-1173 COMMONWEALTH OF PENNSYLV ANlA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this I h it day of 0 (j- 0 L c.! , 2000, the Department having requested that the above-mentioned matter be continued because Officer David Miller, who is the arresting officer aod a necessary witness in this matter, is unavailable to testify on October 5, 2000, aod without objection of the continuaoce by the petitioner, the appeal filed in the above referenced matter is CONTINUED aod RESCHEDULED for the '-/ ffi ft2 01001 1'.2 day of ~' 1.00&; at '.:JtJ County Courthouse, Carlisle, P A L<m., in Courtroom Number 1 in the Cumberlaod ~ W\O'\?-$ BY THE COURT J, DISTRIBUTION: George Kabusk, Esquire, Riverfront Office Center, 1101 South Front Street, Harrisburg, P A 17104-2516 P. Richard Wagoer, Esquire, Maocke, Wagoer, Hershey & Tully, 2233 North Front Street, Harrisburg, P A 1711 0 ~YJ~ ~/tllpd ~ ~t~~ "r , ~" ~, _'--'~-'.';".~~~li'li.I~~kHlit or' ~.'"~~,W'~llli."i&$lilI co, '~"",...,:";,,~...,, .'('".'j'\:rJ1:i\RY 00 OCT! I ilN II: 36 CU1"""U" ",,' ['''''1' "'TV ' \jliJt.t~;Lhl '~;) __,G\.Ji'~ I j"JE"iN:,S"! \fi\~ii,\ .1\ 1 '-H ,. ,," "I .1 ,,";;' ,~ " '!ok; . . JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1173 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Jared Franklin Sawyer a notice dated November 17, 1999, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on November 7,1999, his driving privilege was being suspended for a period of one year. 2. Mr. Sawyer filed an appeal of the above-mentioned suspension in the Court of Common Pleas of Perry County. 3. Upon motion by the Department of Transportation, the matter was transferred to the Court of Common Pleas of Cumberland County. 4. A hearing in the matter is scheduled for October 5, 2000, at 1 :30 p.m. in, Courtroom No.1, Cumberland County Courthouse, Carlisle, P A. -~""-~ , .-' . . 5. The refusal was reported to the Department of Transportation by Corporal Scott Wolfe of the Mid Cumberland Valley Regional Police Department. 6. Officer David Miller was the arresting officer in the incident and is a witness for the Department of Transportation in this matter. 7. The undersigned was informed on October 2, 2000, by Corporal Scott Wolfe that Officer Miller had a heart attack and is expected to be unavailable to testifY on OctoberS, 2000, because he is currently hospitalized. 8. The undersigned counsel respectfully requests a continuance and that the case be scheduled at a later date. 9. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 10. This matter was scheduled for hearing on July 24,2000, but was continued at the request of the Department without objection by the petitioner's attorney because Office Miller was unavailable to testifY on July 24, 2000, because he had been scheduled for vacation. 11. The undersigned counsel contacted P. Richard Wagner, Esquire, attorney for the petitioner, and Mr. Wagner indicated he has no objection to the granting of a continuance in this matter. WHEREFORE, the Department respectfully requests that its Motion For Continuance be granted and that the aforesaid hearing be continued. Respectfully submitted, Date: October 6, 2000 "-"'f~ . . ,L iL.;~ George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center 11 0 1 South Front Street. Harrisburg, P A 17104-2516 (717) 787-2830 . . . JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1173 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verifY that the statements made in the Motion for Continuance are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. /j,,'C{&~ ( George H. abusk Assistant Counsel Department of Transportation Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: October 6, 2000 .-..- , ,-~ -.","""'!' ~~~ , . , # , . JARED FRANKLIN SAWYER, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1173 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the Department's Motion for Continufance upon the person, and in the marmer, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PAl 711 0 ! f4 George H. ~usk Assistant Counsel Department of Transportation Riverfront Office Center 11 0 1 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: October 6, 2000 , , ~ ~ JARED FRANKLIN SAWYER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent No. 00-1173 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of January, 2001, upon consideration of Appellant's appeal from the license suspension which is the subject of a notice from the Appellee, dated November 17, 1999, and pursuant to an agreement reached in open court between the Commonwealth in the person of George Kabusk, Esquire, and Appellant's counsel, William T. Tully, Esquire, the appeal filed herein is deemed withdrawn, and the suspension imposed by the Department of Transportation is reinstated. By the Court, d{ Ji. 'Wesley William T. Tully, Esquire For the Petitioner !~~ 01-8-0 I George Kabusk, Esquire For the Respondent wcy ~X!3 :~ cr. :'" ~ -'.' --"_.1"" ~"",,- -. -'-';"'",'~ "' - .. ~iII!~""~~I~ .. ---I):FiCE '-'-'~'Y i'_JU-\r; " 1'1' " ,".!" I'i)" 'J" U j .,:'{: ~.O 1-"<11 \,' ..1U CUr!hi:hLr .:-'-~O COUI\JIY PEi\jr~SYLVpNjA f"''''''~~ '". ":j ~, -