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Home My WebLink About00-04461 ERIC RANDALL WHALLIN, . . Appellant . . . . . . . . v. . . . . . . COMMONWEALTH OF PENNSYLVANIA, . . DEPARTMENT OF TRANSPORTATION, . . BUREAU OF DRIVER LICENSING, . . Appellee . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. a? t/I./~I CwJ Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT AND NOW this JO-ii1 day of ;)A.t /'A fL..-' 2000, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the IS'7:/; day of vtj15/Y71 iAfl~ 2000 at 9; 30 8/p.m. in Courtroom No. 1 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: tAl- J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 .~ l~ \;~~ II iJ !IIJl!~~, ,1 ~~~ ,_. ., - '.~ ~ ~-- , ,,' ,--. '~---- .-'". ",~ "~ ~. . '_cr ". '-n~;,~" .... --'-"'._'^'" ,~,,,*,,',,, o ~ "1:16j I~f-~ --',.' " <C. ::(, 2r ~<': ~s _-::-t.J' )> ~st~ ."C .- c:::: :< ~ t'-'--lfi-~(--l"-. Cl o C- c::: ~:;:: 'fl "E i il.::tJ ,- ~TZ ITj ,~M C)(J: l~:-r: 2(3 l~rf) -~ 55 -.;; <.0 o -''' :J~ ::i' r.:- r\) 1R1lOlIIl!~1!IfWIW."~~~P.iI",,_W''''''!%''''1j\-''-'''T'"'''~"~'~'I'HfI''~i''B'''r:I'i!''''''''''!'1lll!lli!li!fli<-"lIf<~l!i<l'~I'OO<-'OllI__~ .~. ERIC RANDALL WHALLIN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. d1J. 'I'If., ICe;;,:,., L<-o- . . v. . . . . . . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal : . . APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Eric Randall Whallin, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 3705 Barnstable Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Appellant received a notice dated June 14, 2000 that, as a result of his alleged violation of Pennsylvania Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege was being suspended for a period of one year, effective suspension date July 19, 2000, 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. II WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, Date: 0./ ( r= ff~ ::/-~ U ~ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 II ERIC RANDALL WHALLIN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : . . : NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : BUREAU OF D~IVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal . . . . ATTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Eric Randall Whallin, hereby verifies and states that: 1. I am the attorney for Appellant, Eric Randall Whallin; 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. Date: v~( r;ro ~~bmitted' atrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ERIC RANDALL WHALLIN, . . 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 CERTIFICATE OF SERVICE 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, PA 17104 Respectfully submitted, ~~.- <? -- ~trick F. Lauer, Jr., Esquire ~ ~~68 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: (---/,5-0(\ I, II Jun 16 00 05:001' " -_J. ~ oj, .j - '... ,. ER I C I.JHALLI N 717-728-4364 /,.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 14, 2000 MECHANICSBURG PA 17055 0015'b1170'5~O? 001 06/07/2000 17b14552 1210'/1'56 ERIC RANDALL WHALLIN 3705 BARNSTAPLE ROAD Dear Motorist: As a result of your violation of Section 154T of the Vehicle Code, CHEMICAL TEST REFUSAL on OS/29/2000, your driving privihge is being SUSPENDED for a period of 1 YEAR (S) . 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 complY with 'the requirements stated above. you are required to submit II D1l6LC Form or a sworn affidavit stating that YOU arll 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 Poli~e for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, e"ed:i.t will not begin until all cut.rent driver's license product(s), the Dl16LC Form, or a letter acknowledging your sanction is re~eived in this 8ureau, 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 e~~ectlve date of suspension i6 07/19/2000, 12.01 a.m. ******************************************************************** IWARNING, If YOU are convicted for driving while your license is I Isuspended, the PQnalties will bel not less than 90 days imprison-l Imant and a 1,000 fine and an additional 1 year suspension. I *******************~*.*.*********.*..4********************~********* 0..,."",- ,,-- Jun 16 00 05:00p ERIC IJHALUN 717-728-4364 p.l 001596117095407 Please see the enclosed application far restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, JUNE 14, 2000. If YOU file en appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. S~nd this time-stamped cer- tified 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 Si,ncerely, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICEHSE/Dl-l6lC/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 .' , , -, "'~ t r i I. f: ( i , ! I I' I I ,. !: ERIC RANDALL WHALLIN, Appellant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . : NO. 00-4461 v. . . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT AND NOW, this J'r , day of y.,o~ 2000, based upon Appellant's Petition to withdraw the aforesaid appeal, the appeal is hereby withdrawn and the Appellant's suspension shall go into effect November 15, 2000. -;7( ~~ 8"-. J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp 17011 <, ~ cr 'q~)3-(~ PA 17104 , Hill, Pa II ! ~~~l'ii!Il'!!~~IM<._ .,.~~ ~"f'~!fl':Ir". ~>~ - ,.",. " ,-. .'1,- , -r)nv C'r:D ,,:1,[ :i.: ! C~ ('J 1,1 ,. ',! .- ,- ,",., ,~._., v' ~j\!I;~'".n- ::,.'.,1 - '.1 ~: '~'J~cy. ... '-'-.. .~, Lf.J l..,,',JUP' PE011\j,\:-j\('[')l\!'II;r I I ~ .-,. _"', ',:: 1 ..- "_M.~__' _-_'4_",~~' - N --,~,.~>- lr1Jr!f(-_no'i))~-'~'j 'OJ{ -j- _, '!ll1J!lll'li'!!1!W/~j!~UlflJ:ffl~;m--",_5~"""'l'7"'"''--'''~'fJ''''ln~'''''-0!''':'lc-~,"F'''W'''''l'il'.";,~~r.,,'~m"!1'!""'~!i"''''!WiJO<'''''''!!i'!''Wllf$lill'1'fli!'IIl~ ERIC RANDALL WHALLIN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . : NO. 00-4461 v. . . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal : . . PETITION TO WITHDRAW LICENSE SUSPENSION APPEAL AND NOW, comes the Appellant, Eric Randall Whallin, by and through his attorney, Patrick F. Lauer, Jr., and respectfully avers the following: 1. The Appellant filed the aforesaid license appeal in the Court of Common Pleas at the above-docket number on June 15, 2000. 2. A hearing on the aforesaid matter is scheduled for September 15, 2000 at 9: 30 a.m. before the Honorable Kevin A. Hess. 3. Appellant's attorney, Patrick F. Lauer, Jr. and the attorney for the Commonwealth of Pennsylvania, George Kabusk, have agreed to the following: A. The appeal shall hereby be withdrawn; B. There shall not be a need for a hearing; and C. The Appellant and the Appellee have agreed the suspension date shall go into effect November 15, 2000. II WHEREFORE, the Appellant respectfully requests your Honorable Court to withdraw the aforesaid appeal and cancel the hearing for September 15, 2000 at 9:30 a.m. Respectfully submitted, ~.r. Jr., ..quire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 7-7-tPC? Date: II ERIC RANDALL WHALLIN, Appellant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . : NO. 00-4461 v. : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal . . : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe 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 Respectfully submitted, atrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: 1'-- 7 ~C) II