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Home My WebLink About01-04581t' k 1 RICHARD M. FULTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 0 / - U S 8 / l~[~P T.e.~-a- Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT AND NOW this o~'h~C day of ~.~,~ 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 r~~' day of ~~" eC.Ci.Qjy] 2001 at D! 3D a.m. in Courtroom No. ~_ 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: ~V T" (L~~- f'"gl,ao I R s L 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 RICHARD M. FULTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. t~l- y 581 ~cu~.Q 'fie.,,..,. Appeal of Operators License Suspension - Chemical Test Refusal APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Richard M. 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". 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. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, Date: r 3/ OJ 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 RICHARD M. FULTON, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal ATTORNEY VERIFICATION q 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; 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. Res ectfully submitted, Pa ric au , Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date:_~ ID# 46430 Tel. (717) 763-1800 RICHARD M. FULTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I 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, ~' ~~ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: 3t COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Li4ensing Mail Date: JULY 10, 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 Dear MR. E.UI_TON: This is an Offiicial Notice ofi the Suspension of your Driving Privilege as authorized by Section 1547 of the Pennsylvania Vehicle Code. As a result of Your violation of Section 1547 of the Vehicle Cade, CHEMICAL TEST REFUSAL, on 06/08/2001: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/14/2001 at 12:01 a.m. I 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 I your driving privilege will be suspended/revoked for I i a MINIMUM 1 year period I COMPLYING WITH THIS SUSPENSION Yau must return all current Pennsylvania driver's licenses, learner's Permits, temporary driver's li.cen5e5 (camera cards) in your possession on ar'before 08/24/2001. You may surrender these items before, 08/14/2001, far 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 C2) forms of proper iden- tification Ce.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. ,, O1i846102107517 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. 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.C. Box 68.693. 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 3 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. 3. 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)(4) 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 for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 011846102107517 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 10, 2001, of this letter. If you file an appeal in the County Court, the Court will give You a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third F1or_,r, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/14/2001. Sincerely, ~- `~ ~, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7100 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 7I7-391-6190 TDD OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us RICHARD M. FULTON, Appellant v. 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 WITFIDRAW APPEAL OF OPERATORS LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the license appeal in the above captioned case. The Parties agree that Appellant's license suspension will be effective January 1, 2002. Respectfully submitted: Pa$rick-F. 7,au~r, J'r., E quire 2108 Market Street, Azt c Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: 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 -Richard M. Fulton, 2002 Princeton Avenue, Camp Hill, PA 17011 -Judge Kevin A. Hess, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013