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Home My WebLink About01-4581II RICHARD M. FULTON, Appellant COMMONWEALTH OF PENNSYLV~NIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT ~ NOW this ~ day of /~_~///~gd~ 2001, 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 /~ day of /~/~ 2001 at /0; a.m.~, in Courtroom No. ~ of the CungDerland 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: Distribution: -PA Dept. of Transportation, Office of Chief Riverfront Office Center, Harrisburg, PA -Patrick F. Lauer, Jr., Esq., 2108 Market St., Counsel, Third Floor, 17104 Camp Hill, Pa 17011 RICHARD M. FULTON, Appellant COFSMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREJkU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVi~_NIA Appeal of Operators License Suspension - Chemical Test Refusal APPEIkLOF LICENSE $~SPENSION comes the Appellant, Richard M. 3. The reasonable test. 4. The Appellant submits that he did voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did refusal. not intelligently and not constitute a AND NOW Fulton, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., and respectfully avers the following: 1. Appellant resides at 2002 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Appellant received a notice dated July 10, 2001 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 August 14, 2001, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". Appellant submits that the police officer lacked a basis to request Appellant to submit to a chemical WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Date: ~//31/~/ Respectfully submitted, Patrick F. aue , Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 RICHARD M. FULTON, Appellant Vo 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, Richard M. Fulton, hereby verifies and states that: 1. I am the attorney for Appellant, Richard M. Fulton; 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; The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 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. Respectfully ~ubmitted, Pa~r~c~ ~. ~au~, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 RICHARD M. FULTON, Appellant Vo 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, ~ ~ ~EEsquire Patrick'F. Lauer, Jr., 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 EXHIBIT A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 1O, 2001 RICHARD M FULTON WID ~ 011846102107517 001 2002 PRINCETON AVE PROCESSING DATE 07/03/2001 DRIVER LICENSE # 20500876 CAMP HILL PA 17011 DATE OF BIRTH 04/04/1964 ~ear MR. FUI. TRN= This is an O~ficial Notice of the Suspension of your Driving Privilege as authorized by Section I547 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/08/2001: · Your driving privilege is SUSPENDED fop a aeplod o~ 1 YEAR(S) effective 08/14/2001 at 12:01 a.m. ] WARNING: If you are convicted of driving while your I I license is suspended/revoked the penalties will be a I I MINIMUM of 90 days imprisonment AND a 1,000 fine AND [ [ your driving privilege will be suspended/revoked for I I a MINIMUM I year period I 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 9n or before 08/14/2001. You may surrender these items before, 08/14/2001, 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 9.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You W111 not recelve credlt toward servlng any suspension until we receive your license(s). Complete the foliowing steps to acknowledge this suspension. 0!18~6102107517 1. Return all current Pennsyivania driver's licenses, learner's permits and/or camera cards to PenRDGT. If you do not have any of these items, send a sworn nota- rized 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: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O, Box 68695 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within $ weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension· PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) 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 restoration fee, complete the following steps: 1. Return the enclosed Application fur Restoration. The amount due is Iisted on the appiication. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit· 5. Follow the payment a'nd mailing instructions on the back of the application. 0118~6102107517 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, JULY 10, 2001, of this letter. Z~ you file an appeal in the County Coupt, the CouPt will glve you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this t/me-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 OFFZCZAL NOTZCE OF SUSPENSZONo You must return ail current Pennsylvania driver license products to PennDOT bY 08/14/2001. Sincerely, Rebecca L. 8ickley, Director Bureau of Driver Licensing INFORHATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-~600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 RICHARD M. FULTON, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4581 CIVIL Appeal of Operators License Suspension - Chemical Test Refusal PRAECIPE TO WITHDRAWAPPEALOF OPERATOP~ LICENSE SUSPENSIOn: TO THE PROTHONOTARy: Kindly withdraw the license appeal case. The Parties agree that Appellant's be effective January 1, 2002. in the above captioned license suspension will Respectfully submitted: Pafrlck-F. %au~r, Jr., ~quire . 2108 Market Street, Azt6c Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: /~/~/~/ / / Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Riverfront Office Center, Harrisburg, PA 17104 Third Floor, -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, PA 17011 -Richard M. Fulton, 2002 Princeton Avenue, Camp Hill, PA 17011 -Judge Kevin A. Hess, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013