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Home My WebLink About99-02391 .... ." -) ., ',," ','" ""- I" . ,~~~ ) , ~. \ /) .) " .-0 i." I , '.'1 :.,r." ::- i~ \ ". ..., I,. , ( ~. L{ (-' ~ ~;;:: '. I:l1 .., ci~ Iol," ::1..:1 <- ..:I'" ;., ~" ::t::E l;.)~ C2< ~ =- il ",g 8 r55 .5 - 00 u;g~::: ~~-:~ :E ~ :E r:: 00 N Q. r:: Cc(E__ N a " MATTHEW J. JOHNSTON, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 tj . ) 'J '11 C:'~a 'r;..~ 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 ~ day of Ct.y' J 1999, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held tn ,) matter at on the q day of ltUj Lw-J a..iIl'./p.m. in Courtroom No. ?" of the Cumberland County regarding this 1999 at /:30 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 . . /~ 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 ~~(ll30/99. ';4.'~ MATTHEW J. JOHNSTON, Appellant t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , i ! r [ ! I NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal 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: C{-21-77 Res ~ submitted, P trick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 MATTHEW J. JOHNSTON, . IN THE COURT OF COMMON PLEAS OP . Appellant . CUMBERLAND COUNTY, PENNSYLVANIA . : . . . NO. . v. . . . . . . COMMONWEALTH OF PENNSYLVANIA, . Appeal of Operators License . DEPARTMENT OF TRANSPORTATION, . Suspension - Chemical Test . BUREAU OF DRIVER LICENSING, Refusal Appellee . . CERTIFICATE OF SBRVICB 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 Room 103 Transportation & Safety Building Harrisburg, PA 17120 Date: L( -'2 I - 9 ~ Respectfully submitted, 2~<, J<., "q"-'<o 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 Df Driver Licensing Harrisburg, PA 17123 APRIL 12. 1999 MATTHEW J JOHNSTON 50 PENN ST PO BOX 777 BIGLERVILLE PA 17307 990956114551830 001 04/05/1999 22994869 05/14/1973 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEHICAl TEST REFUSAL on 03/26/1999, Your driving privilege is being SUSPENDED for a periDd Df 1 YEAR(S), In order tD comply with this sanction YOU are required tD 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 a Dl16LC Form Dr a sworn affidavit stating that you are 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 Police for prosecution under SECTION l57l(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, CI"p.d.1t will not b~ain until all cu:-rcnt driver '::; license productCs), the DL16lC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTHENT 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 IMHEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 05/17/1999, 12:01 a.m. ******************************************************************** IWARNING: If YOU are convicted for driVing while your license is I Isuspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I ******************************************************************** MATTHEW J. JOHNSTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : : NO. 99-2391 civil Term Appeal of Operators License Suspension - Chemical Test Refusal PRAECIPE TO WITHDRAW APPEAL OF LICENSB SUSPENSION TO THE PROTHONOTARY: Please withdraw the Appellant, Matthew J. Johnston's Appeal of License Suspension which was filed on April 22, 1999, and a hearing was scheduled for Monday, August 9, 1999 at 1:30 p.m. at the Cumberland County Courthouse befor.; the Honorable Edgar B. Bayley. Appellant no longer wishes to pursue his appeal and he is therefore requesting that it be withdrawn. Respectfully submitted, Date: ~~-~-7 ( Prick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800