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Home My WebLink About99-05131 ?b 3 Z 0 'F 0 V v h G O? 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. Tef_rn Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT AND NOW this ,? day of I 1 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 they day of 1999 at 1 3 c) a.m.?/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, (tip' maee/?.(f31f9 Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 ,r, t C' it `? Ol J U 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. `I9 3 /3/ ( C Lzl T.e-- Appeal of Operators License Suspension - Chemical Test Refusal 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 30, 1999 that, as a result of his conviction on July 2, 1999 of violating Section 3714 of Pennsylvania Vehicle, Careless Driving, his driving privilege was being suspended for a period of fifteen days, pursuant to Section 1544, effective suspension date August 27, 1999, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, Patric F. auer, Jr., Esquire 2108 Market Street, Aztec Building Z }' Camp Hill, Pennsylvania 17011-4706 Date: 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 ATTORNEY VERIFICATION 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. 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: v-??? J Respectfully submitted, P trek g, Lauer, Jr., Esquire 2106 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 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 Date: 75 - C. 3 - p--/ Respectfully submitted, Patrick F. Lauer, Jr., Esquire 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 Harrisburg, PA 17123 JULY 30, 1999 SCOTT ALAN RUNK 992049283119638 001 BOX 92 07/23/1999 21084423 PLAINFIELD PA 17081 09/13/1966 Dear Motorist: As a result of your conviction on 07/02/1999 of violating section 3714 of the Vehicle Code CARELESS DRIVING on 06/25/1999, 3 points have been assigned to your record. Section 1544 of the Vehicle Code requires the Department to extend any existing suspension/revocation at the rate of five days for each additional point. Therefore, an additional sanction of 15 DAY(S) is imposed. 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 DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. 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 Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit 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 ACKNOWLEDGEMENT, 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 08/27/2000, 12:01 a.m. 992049283119638 The above mentioned sanction is in addition to any previously issued sanction(s). APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, JULY 30, 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 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 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 i i F PATRICK F. LAt I ER, .1 R. Aflorncv at Law 21,118 ,M aA'Y $Imel Ane. Iluddmg Camp Ildl. i'A 17011 (717) 761. IXIN1 uu6 ? a ?g9?_ ? ? ?.l ? ? ? ? ? [?: ( ? // ?? ? ? 1- - .. ll.l• 'T 11?rr?? Ul li. ?. ? ?? L_. 1_i? W c ?? r ) ? ' _ ? lJ 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 r/ 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, ZIA/, Kevi A. Hess, J. Matthew Haekler, Esquire Pennsylvania Department of Transportation Office of Chief Counsel River£ront Office Center Harrisburg, PA 17104 For the Appellee 3i4 9 ' Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011-4706 For the Appellant :mae ALFD-OFFICE OF ?!:c" °F,;:,THQNOTAAY 99 NOV 22 PM L: 13 CU OERLANO COUNTY PENNSYLVANIA