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Home My WebLink About99-05130SCOTT ALAN RUNK, Appellant V. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9??Y- n J0 J0 Guc Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT AND NOW this J ! day of ci ,-¢ 1999, 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 `? / , K 'l „/« , 1999 at % ) `a.mi/p.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: J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Riverfront Office Center, Harrisburg, PA 17104 c6p- -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 LO SCOTT ALAN RUNK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA NO. 99. 5120 ou" % u V. COMMONWEALTH OF PENNSYLVANIA, Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension - Chemical Test BUREAU OF DRIVER LICENSING, Refusal Appellee APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Scott Alan Runk, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 16 West Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Appellant received a notice dated July 23, 1999 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 31, 1999, 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: _z^) S ?/ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 SCOTT ALAN RUNK, 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 I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Scott Alan Runk, hereby verifies and states that: 1. I am the attorney for Appellant, Scott Alan Runk; 2. L 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. Respectfully submitted, Z21 P rick F. L uer, Jr., Esquire 2108 Market Street, Aztec Building Cj ,? z 7 _ 5 cJ Camp Hill, Pennsylvania 17011-4706 Date: O ID# 46430 Tel. (717) 763-1800 SCOTT ALAN RUNK, 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 Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, e atrick F. Laue , Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ID# 46430 Tel. (717) 763-1800 EXHIBIT A Aug 23 99 10:I1a SCOTT ALAN RUNK BOX 92 PLAINFIELD PA Oear Motorist, COSTOPOLOUS, FOSTER, FIEL 17171761-4031 p.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing ---- Harrisburg, PA 17123 JULY 23, 1999 ---- 991976112991829 OD1 07/16/1999 21084423 17061 09/13/1966 As a result of your violation Of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL On 07/03/1999, your driving privilege is being SUSPENDED for a Period of I 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 a OL16LC Form or 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 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, _.rredi.t will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. 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 effective date of suspension Is 08/27/1999, 12:01 a.m. IWARNINGs If you are convicted for driving While your license is I (suspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I **if*******if**if***if***3f%M***k********#********************3f**3f******* Aug 23 99 10:11a 991976112991829 COSTOPOLOUS, FOSTER, FIEL (717)761-4031 P.3 Please see the enclosed application for 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 nail date of this letter, JULY 23, 1999. If you file an appeal in the county Court, the court will give you a time-stamped certified copy of the appeal. Send this time-stamped car- tified copy of the appeal TY certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER MARRI3EUR0, PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PH) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.O. Box 68693 TOO IN STATE 1-000-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 ? T LL?': C ? (,, CJ U\ V PATRICK F. LAUER, JR. Attorney at Law 2108 Markel Slrcgl Anec Building Camp Hill. PA 17011 (717) 767-I8(%, d ti a3 _ .? y c Q E e a ?\-? AlIG G 4 199IV SCOTT ALAN RUNK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5130 CIVIL TERM COMMONWEALTH OF 99-5131 CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER Appeal of Operators License LICENSING, Suspension - Chemical Test Appellee Refusal IN RE: LICENSE SUSPENSION APPEALS ORDER OF COURT AND NOW, this 22nd day of November, 1999, by agreement, the within license suspension appeals are dismissed. The defendant's license suspension, however, shall not take effect until March 1st, 2000. By the Court, -; ? e ? X-Z z; Z Kevi A. Hess, J. Matthew Haekler, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Riverfront Office Center Harrisburg, PA 17104 For the Appellee 3 f 9 `t Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011-4706 For the Appellant :mae FILED-OFFICE OF 7H P- )THn ,OT4AY 99 NOV 22 PH 4: 13 CUMBERLAND COUNTY PENNSYLVANIA