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Home My WebLink About00-03563 MICHAEL STEWART MARTIN, . . Appellant . . : : . . v. . . : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF T~SPORTATION, . . aUREAU OF DRIVER LICENSING, . . Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. M' 3 j~{.,3 ~ 'lc.t--- Appeal of Operators License Suspension - Chemical Test Refusal AND NOW this r tl, ORDER OF C~URT l-S day of .J uJll:.... consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, 2000, upon it is hereby ordered that a hearing shall be held regarding this matter at on the . ?/d day of f1ur~ 2000 at '1;,~O in Courtroom No. I 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: ;:;~ J . ~~i ,~ Distribution: ~~8 ~~~ ~.~f~ -PA Dept. of Transportation, Office of Chief Counsel, T~rd 'Flo C , Riverfront Office Center, Harrisburg, PA 17104 ~ ~ ~ -Patrick P. Lauer, Jr., E..., 2108 Market s~ ~~.L7011 !., -/iJ-OO RJ<3 ~I?~~ 6~tlddw I !! ,",'''..' MICHAEL STEWART MARTIN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : . . NO. 00.3.5'(.3 Cux:ri L<.-<-- . . v. . . . . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal . . . . APPEAL OF LICENSE SUSPEliISION AND NOW comes the Appellant, Michael Stewart Martin, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 202 April Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Appellant received a notice dated June 2, 2000, that as a result of his alleged violation of Pennsylvania Vehicle Code Section 6308, offenses related to alcohol, his driving privilege was being suspended for a period of one year, effective suspension date July 7, 2000, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The Appellant filed a Summary Criminal Conviction Appeal before your Honorable Court on June 13, 2000 regarding his conviction on May 16, 2000. 4. 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. 5. There was insufficient evidence to convict the Appellant. II !i II gi;.\(:'\,1 6. 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: !uf1~ Patrick F. Laue , Jr , Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D# 46430 Tel. (717) 763-1800 'I! ~~. MICHAEL STEWART MARTIN, . . Appellant . . . . . . . . v. . . . . : COMMONWEALTH OF PENNSYLVANIA, . . DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, . . Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension - Chemical Test Refusal ATTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Michael Stewart Martin, hereby verifies and states that: 1. I am the attorney for Appellant, Michael Stewart Martin; 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; 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. submitte , Date: &/rz,/IJ() I . Patrick F. Lauer, r., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID. 46430 Tel. (717) 763-1800 '; ,I MICHAEL STEWART MARTIN, : i I Appellant . . . . . . . . v. . . . . . . COMMONWEALTH OF PENNSYLVANIA, . . DEPARTMENT OF TRANSPORTATION, . . BUREAU OF DRIVER LICENSING, . . Appellee . . I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension - Chemical Test Refusal CERTIFICATE OF SERVICE .1 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, PA 17104 Date: 02;1 b7J Respectfully submitted, Patrick F. Lauer, r., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 46430 Tel. (717) 763-1800 j.d...~, 'ill "''*'''"''__..........,='.".....,_L~ "J",~.~J ~ '~ .1__""0",,,,,,., J"..o-"'-"'c.illl~",""'.~. L' E ~ , -,......-~ l!IdI!m~~ ,~_"'~.lli:.J'~..,',~U<,.,,' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 02, 2000 CAMP HILL PA 17011 001476114933455 001 OS/26/2000 24924929 05/03/1979 /{~1~ MICHAEL ~TEWART MARTIN 202 APRIL DR Dear MR. MARTIN: As a result of your violation on 04/01/2000 Section 6308 (offenses related to alcohol), privilege is being SUSPENDED for a periOd of 1 mandated by section 1532D of the vehicle code. of violating your driving YEAR (S) as 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 (camera card) in your possession no later than the effective date listed. If yoU cannot IFy"/.{ L-",~T t.IL, comply with the requirements stated above, yOU are required 'to' submit a DL16LC Form or a sworn aff~davit stat~ng 'tiiat" ~ouare awjre 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 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving privilege is unaer suspension even if you do not surrender your license, Credit will not begin until 'all current driver's license ~Oguc~(~}. +bA nL16' r F~rm, or a ~etter 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 TH~ 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 07/07/2000, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. ",,~=,*.l'J~~~~clf!>;'i.'''''' ,__,=c..."""",~~~~",. ~~~-'~~ +~"~"""""'illl;,,,,,,,,",,,,,,,,",--,"~;'''''~j'' '~"""~o''''''''''''.I;l;/lllU_~~'"''''''''''''''''''''_''~~_'_'''''b",'.;'',~'''', 001476114933455 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JUNE 02, 2000) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 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 TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 , r 1.. '^ " J'. MICHAEL STEWART MARTIN, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ,., -,- ,< ":,,,' ;",,,. ,..:. " L~ ,,j ~, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : No. 00-3563 CIVIL TERM : . . Appeal of Operators License Suspension - Chemical Test Refusal . . . . . . PRAECIPE TO WITHDRAW APPEAL OF OPERATORS LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the appeal in the above captioned case. Date: J/S (J !200() Respectfully submitted: ~ 1!{arlin . arkley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ..., 'C:''-'''iIi.~'-':'''' L', ';"_' ';;W' , ,~ , I , ';'. 'i"~~" ~" . ~', '~~ ' l-, .~"' ,,' 0 ~. C) ......~J C C) -.", s: ]:,.. UCt: ~:-) rn"C 2~:'L &;5:, ,~....) a :-< .-::.- .~ ) r::: c; ~ .. ~ . .... ""',", C) !~ j;: c> , , C ::-:j' ,C.': eJ] ';.....; =< =7'1 c.) '< . = "., ~I,' '''-' ,'~'~ ... MICHAEL STEWART MARTIN, Appellant v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF lRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee . ~,"'I '. ,,','" _ ." 'l',;',''',~ ,;",;__".";'__=,',-""',, ""~" .' " ,. 'h' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-3563 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of August, 2000, upon consideration of the praecipe to withdraw appeal being filed in the above matter (a copy of which is attached), the hearing previously scheduled for August 31, 2000, is cancelled. Patrick F. Lauer, Jr., Esq. Marlin L. Markley, Esq. 2108 Market Street Camp Hill, PA 17011 Attorneys for Appellant George Kabusk, Esq. Office of Chief Counsel Department of Transportation 3rd Floor, South Office Building 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee :rc BY THE COURT, . ".... .I f.3/Jr(J ~~ '1-" ~ ~ ~ .. J' AUG-30-00 11:40 AM 7287425 3 52837 57 ... MICHA2L STEWART MARTIN, Appellant VB. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, ,BUREAU OF DRIVER LICENSING, Appellee - 7177634247 P.02 IN THE COURT OF COM)fON PLEAS OF : CUMBERLAND COUNTY I PBNNSYLVANIA . . . . I No. 00-3563 CIVIL TERM . . , Appeal of Operators License , Suspension - Chemical Test I Refusal , PRAP.CIPB TO WITHDRAW APPEAL OP OPERATORS LICBIISB SUSP_SION TO TH! PROTHONOTARY' Xindly withdraw the appeal in the above captioned ease. Date: ~15 (J /2.()()() Respectfully submitted: ~ <<arlin . arkley, Eequire Law Offices of Patrick F. Lauer, Jr. 210B Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 84745 Tel. (717) 763-1800 ......;~t~