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Home My WebLink About98-03068 6, The undersigned was infonned by the North Middleton Township Police Department that Patrolman Sturn will be unavailable to testify on July 28, 1998, in this matter on behalf of the Department of Transportation. 7. The undersigned counsel respectfully requests a continuance and thc case be scheduled at a later date. 8. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 9. The undersigned counsel contacted the office of Patrick F. Lauer, Jr., Esquire, attorney for the petitioner, and Mr. Lauer's secretary 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, !y_ljchJL George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 Date: July 8, 1998 MICHAEL P. LOVE, PETITIONER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 98-3068 COMMONWEALTH OF PENNSYL VANIA, 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 for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 Date: July8, 1998 Ll{ r</~ George H. abusk Assistant Counsel Department of Transportation Riverfront Office Center 110 I South Front Street Harrisburg, P A 17104-2516 (717) 787-2830 . .-... .~. - MICHAEL P. LOVE, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA . . . qp-dObI e.(~, f'--R:"~frl . . NO. . v. : . . . . COMMONWEALTH OF PENNSYLVANIA, . Appeal of Operators License . DEPARTMENT OF TRANSPORTATION, . Suspension - Chemical Test . BUREAU OF DRIVER LICENSING, . Refusal . Appellee : ORDER OF COURT AND NOW this f -0'1 day of Llu AI L 1998, upon it is hereby ordered that consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, matter at on the :J.lt:/i day of a.m /~ in Courtroom No. S- a hearing shall be ,llLt / y' held regarding this 1998, at 9:3tJ Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section of the Cumberland County 1550(b) (1) until such time that this honorable court resolves this appeal. J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Room 103, Transportation & Safety Building, Harrisburg, PA 17120 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 l.A.~ ~a..i~__.,l "/6/ f 8' . ><s.Ii'. MICHAEL P. LOVE, Appellant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. qjJ. b-,j) COl'r '--k/LI'-t 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, Michael P. Love, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 232 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Appellant received a notice dated May 7, 1998 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 June 11, 199B, 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. - MAY-2~-9a a6:02 PM LAWREt~CE 'HIRD 717 243 l~o..5 COMMONWEAL TII OF PENNSYlVANIA DEPARTMENT OF TRANSPORTATION bureau of Driver L1cenSing H~rrisbUrg, PA 17123 HAY 07, 1998 "ICH41:l P LOIIE: ~3~ r LOUTHER STREET '81~D~lDe40?e?s 001 04/30/1'1'18 2152/l8~4 03/2'l/1'lb/l CARLISLE PA ],7013 ,.. . Deer Motoristl As e result of your viollltion of Section 1547 of the Vehicle Cod... CHEMICAL TEST REFUSAL On 04/111/1998, Your dr1villg priVilege is being SUSPENDED for a period of 1 YEARCS). In order to Comply with this sanction ~ou are required to r~turn any current driver's license, learner's permit and/or temporary ~river's license (camera card) in YOur POSSession no later tllan the effective date listed. If YOU clInnot comply with the reqUirements stated above, yOU are required to SUbmit a Dll6LC Form or a SWorn affidavit stating that YOU arn aware of the "anotion against your drlvinll orivi- loge. 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 mOlndates that Your driving privilego is under sUspension eVen If You do not SUrrender YOUr license. 'i:r8a1~wIlr ";,'or"betfIn-- Unlll":lll cun',mt d"her's license product(s), the DL16LC FOrm, or a letter aCknOWledging YOur sanction is rOceived in this Bureau. -~_. . ..,- WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE_ MENT, WE WILL SEND YOU A RECEIPT. IF YOu 00 NOT RECEIVE THIS RECEIPT WITHIN 15 DAVs CONTACT THE DEPARTMENT IMM~DIATELY. OTHERWISE, YOU WILL Nor BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The ef1ect~ve date 01 soanenR10h ~~ 06~11~1998, 12101 8.m. *M***~*~*..**.***.*~****~*~*.**~**.**.**************.*..**********~. IWARNING: If you are conVicted for driving while YOur license is I Isu,oended, the penalties will be: not less than 90 da~s im~risan--I Imant and a l.noo '1no <lnd on ,..J<litlunZll 1 year sUSr'ension. I **..**...*.*..****..*.*...**..****~**..*..*....*.**.**"**........... -- ...-.--.. P.03 -....... -, MAY-2~-~a 96:92 PM L.AWRENCE lIF-JRD 717 243 1:tEo3 981C!06102407275 ........ Pleas. lee the enclosed APPlication fo~ ~estQr~tion fee in- formation. You hive the rJght to appeal the Oepartment's action to the Court of Common Pleas (Clvil Division) Within 30 days of the mail date (HAY 07, 1996) Of thh notice. PLeASE NOTE tlHlt this Civil Appeal Is in addition to any appeal YOU have to file from the criminal conviction, THE APpeA~ MUST BE SENt BY C!RTZFIED MAIL TO: PENNSYLVANIA bEPARTMENT O~ T~ANSPORTAT%ON O~F1CE OF CHI~F COUNSE~ THIRD FLOOR, RIVeRFRONT OFFIce CENTER HARRISBURG, PA. 17104 . . -- SincerelY, ~~.~ seND FEE/L!CENSE/Dl-I6LC/TO' Department Of Tronsportatlon Bureau Of Driver Licensing p,O. Box 68693 , -'_._.JI.Ilc.rUbur9'J'A 1710~.:JI69..3 _ __ Rebecca L, Hlckley, Director Bureau 01 Driver Licensing XNFORHATION l7:00 IN STATE OUT-OF-STATE TOO IN STAtE tDO OUT-OF-STATE AH TO 9: 00 PM) l-SOO--932--4600 7I7-Hl-6I90 l-OOO--22B-0676 717--Hl-6191 . . 0- .'., ,- . '..'.- . --- - - .--- P.l32 -.-