HomeMy WebLinkAbout07-6949
GEORGE GILES MCLEWEE, JR.,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS. RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
COMMONWEALTH OF 07_ G 9V?
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, DOCKET NO: CV 2007
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
OPERATING PRIVILEGE SUSPENSION APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
ONO Tee,
AND NOW, comes the above-named Petitioner, George Giles McLewee, Jr., by
and through his Attorney, Shawn M. Curry, Esquire, and hereby appeals from a Notice of
Suspension issued by the Pennsylvania Department of Transportation, Bureau of Driver's
Licensing, and avers the following in support thereof:
1. This Court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a) and
75 Pa.C.S.A. §1550(a).
2. The Petitioner is George Giles'!McLewee, Pennsylvania Operator Number
24425524, whose place of residence is 36 Lantern Lane, Shippensburg, PA
17257, with a date of birth of ctober 2, 1961.
3. Respondent is the Bureau of Dlriiver's Licensing of the Commonwealth of
Pennsylvania, Department of ransportation, which has its principal place of
?,II
business at the Riverfront Office Center, 1101 South Front Street, Harrisburg,
Pennsylvania.
4. The Appeal is taken from an Official Notice bearing a mailing date October 19,
2007. With that Notice the Bureau of Driver's Licensing notified Petitioner that it
was suspending his privilege of operating a motor vehicle for the period of
eighteen (18) month(s), effective November 23, 2007, at 12:01 a.m., pursuant to
Section 1547(b)(1)(ii) of the Pennsylvania Vehicle Code, as a result of an alleged
refusal by Petitioner to submit to chemical testing on September 16, 2007. A true
and correct copy of the Bureau's Notice of Suspension is appended to this Petition
as Exhibit "A".
5. The eighteen (18) month suspension of Petitioner's operating privilege is
improper and illegal because:
a. Petitioner's alleged refusal occurred incident to his being charged with
driving under the influence, as a first offense, and the Police Criminal
Complaint simply charges him with a DUI-General Impairment charge
only; thus, the eighteen (18) month suspension pursuant to Section
1547(b)(1)(ii) of the Pennsylvania Vehicle Code is not proper. A true and
correct copy of the Police Criminal Complaint is appended to this Petition
as Exhibit "B."
b. The procedural prerequisites that law enforcement must follow in order to
obtain a valid sample Were not met in this case.
6. The Petitioner requests relief pulrsuant to 75 Pa. C.S.A. §1550 (b)(1) -
Supersedeas. As this matter is timely filed and service has been effected upon the
Department's legal office, and none of the enumerated exceptions under 75 Pa.
C.S.A. §1550 (b)(1) (ii) or (iii) exist, the Petitioner specifically requests that this
Honorable Court in its Order grant Supersedeas to stay the Department's planned
suspension.
WHEREFORE, Petitioner, George Giles McLewee, Jr., respectfully requests this
Honorable Court hold a de novo hearing on his Appeal from the suspension of his
operating privilege and will invalidate the illegal taking of his privilege and the improper
action of the Department of Transportation, Bureau of Driver's Licensing, to suspend his
operating privilege.
Respectfully submitted,
Shawn M. urry, Es re
Attorney for Petitioner
Attorney ID#: 202061
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax No.: (717) 657-2060
EXHIBIT A
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT F TRANSPORTATION
Bureau of Driv
Mail Date: 0 OBER 19, 2007
GEORGE GILES MCLEWEE.JR WID # 072856691086592 001
36 LANTERN LN PROCESSING DATE 10/12/2007
DRIVER LICENSE 24425524
SHIPPENSBURG PA 17257 DATE OF BIRTH 10/02/1961
Dear MR. MCLEWEE:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1547BIII of the
Pennsylvania Vehicle Code.' As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL,
on 09/16/2007:
¦ Your driving privilege is SUSPENDED for a period of 18
MONTH(S) effective 11/2$/2007 at 12:01 a.m.
COMPLYING WITH THIS SUSPENSXON
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in your possession o7 or before 11/23/2007. You may
surrender these items be ore, 11/23/2007, for 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 10.00. You must present two (2) forms of proper
identification (e.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.
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
notarized 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:
072856691086592
Pennsylvania Department of Transportation
Bureau of ',Driver Licensing
P.O. Box 68693
HarrisburgI, 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, Penn OT will send you a receipt
confirming the date that credit began. If you do not
receive 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
products, 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.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, OCTOBER 19, 2007, 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 Floor, Riverfr nt Office Center
Harrisburg, PA 17106-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Penn ylvania driver license products
to PennDOT by 11/23/2007.
072856691086592
Sincerely,
Janet L. Dolan, Director
Bureau of Driver Licensing
INFORMATION 800 a.m. to 6:00 .m.
IN STATE 1--800-93 -4600 TDD IN STATE 1-800-228-0676
OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380
WEB SITE ADDRESS www.dmvi.state.pa.us
EXHIBIT B
POLICE CRIMINAL COMPLAINT
C
JWEALTH OF PENNSYLVANIA
?
? COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland
VS.
DEFE DANT (NAME AND ADDRESS)
Magisterial District # 09-3-01 Geor Giles MCLEWEE JR
MDJ Hon Harold E. BENDER First N me Middle Name Last Name Gen.
Address 35 W. Orange ST G
Shippensburg, PA 17257 36? Lantern LN
Shlippensburg, PA 17257
Telephone 717 530 - 7676 L J
NCIC'Extradition Code Type
1-Felony Full 4-Felony No Ext. B-Misdemeanor Limited E-Misdemeanor Pending
? 2-Felony Ltd. ? 5-Felony Pend. ? C-Misdemeanor Surrounding States
0 3-Felony Surrounding States ? A-Misdemeanor Full ? D-Misdemeanor No Extradition
Distance:
DEFENDANT ID NTIFICATION INFORMATION
RACE ETHNICITY Number D to Filed OTN/LiveScan Number Complaintlincident Number
® White ? Hispanic
® Non- OPM-INI O / Q$/ 2007 L373867-4 H02-1698815
? Asian
Hispanic DOB POB
? Black ? Unknown 10 / 02 / 61 Pennsylvania
? AmNative erican GENDER Add'l. DOB SSN Add'I. SSN
? Unknown ®Male / / 215 - 82 - 5682 - -
?Female AKA First Name Middle Name Last Name Gen.
SID HAIR COLOR GRY (Gray) RED (Red/Aubn.)
RED EYE COLOR
25483014 ? BLK (Black) ? ONG (Orange) ? (Blonde/ ? GRN (Green) ? PNK (Pink)
Request Lab ? BLU (Blue) ? PLE (Purple) Strawberry ? BLK (Black) ? GRY (Gray) ? MUL
Services? ? BRO (Brown) ? PNK (Pink) ? I (White) ?BLU (Blue) ? HZL (Hazel) (Multicolored)
)
? Yes ? No ? GRN (Green) ? SDY (Sandy) E] (Unk/Bald) ® BRO (Brown) ? MAR (Maroon) ? UNK (Unknown)
Driver License State
PA License Number
24425524 Expires
10 / 03 / 2010 Weight (pounds)
DNA ? Yes ® No DNA Location
150
FBI Number 963214JA4 MNU Number Ft. HEIGHT In.
Fingerprint Classification 5 04
DEFENDANT VEHICLE INFORMATION
Plate # State Hazmat Registration Stickler Comm'I Veh. Ind. School Veh. Oth. NCIC Veh. Code
DTP771 PA ? MM/YY of 08 ? ?
VIN Year Make Model Style Color
lGlJC124XVM158050 1997 Chevrolet Cavalier CID BLK
Office of the Attorney for the Commonwealth: ? Ap proved ? Disapproved because:
(The Attorney for the Commonwealth may requi that the complaint, arrest warrant affidavit, or both be approved
b the Attorne for the Commo nwealth prior to filing. See Pa.R.Crim.P. 507).
(Name of the Attorney for the Commonwealth -
Please Print or Type) (Si gnature of the Attorney for the Commonwealth) (Date)
I, Tpr. Steven P. NESBIT 10233
(Name of the Affiant - Please Print or Type) (PSP/MPOETC - Assigned Affiant ID Number & Badge #)
Of Pennsylvania State Police-Carlisle
PAPSP1000
I
(Identify Department or Agency Represented and Political Subdivision) (Police Agency OR[ Number
do hereby state: (check appropriate box)
1. ® I accuse the above-named defendant who lives at the address set forth above
? I accuse the defendant whose name is unknown to me but who is described as
? I accuse the defendant whose name and popular designation or nickname are unknown to me and whom I have
therefore designated as John Doe or Jane Doe
with violating the penal laws of the Commonwealth ?f Pennsylvania at [ 215 ] Southampton Twp.
(Subdivision Code) (Place-Political Subdivision)
in Cumberland County [211 on or about 0/16/07, at approx_ 0638 Hours
(County Code
^"? ~' ?^-w 20070206-1 Page 1 of
lk? POLICE CRIMINAL COMPLAINT
Da at Ny be Date Filed OTN/LiveScan Number Complaint/incident Number
to /is/ 2007 1-373867 H02-1698815 -7 Defendant Name First Name Middle Name Last Name
George Giles MCLEWEE JR.
The acts committed by the accused are described belo with each Act of Assembly or statute violated, if appropriate:
(Set forth a brief summary of the facts sufficient to advise the Zen ant of the nature of the offense(s) charged. A citation to the statute(s) violated,
without more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly
violated.)
Inchoate Attempt Solicitation Conspiracy Al A2 B Permitting (Title 75 Only)
Offense 18 901 A 18 902 A 18 903 (Engaging) (Aiding) Knowled a 75 1575 A
_
1 3802 (a)(1) of the 75 1 M 210
Lead? Offense # Section Subsection PA Stat to (Title) Counts Grade NCIC Offense Code UCR/NIBRS Code
PennDOT Data
(if applicable) Accident
Number
E] Safety Zone
? Work Zone
Acts of the accused associated with this Offense:
VC 3802(a)(1) DUI/UNSAFE DRIVING
IN THAT, on or about said date THE DEFENDANT did rive, operate or was in actual physical control of the movement of
a vehicle namely, a 1997 black Chevrolet Cavalier bear ing PA Reg # DTP7708 after imbibing a sufficient amount of
alcohol such that rendered him incapable of safely drivi ng, operating or being in actual physical control of the movement
of the vehicle, in violation of Section 3802 (a)(1) of the 1
i 3A Vehicle Code.
Inchoate Attempt Solicitation Conspiracy Al A2 B Permitting (Title 75 Only)
Offense 18 901 A 18 902 A 18 903 En a in (Aiding) (Knowledge) 75 1575 A
2 3309 1 of the 75 1 S
Lead? Offense # Section Subsection PA Stat to itle Counts Grade NCIC Offense Code UCR/NIBRS Code
PennDOT Data
if a licable) Accident
Number
? Safety zone
? Work zone
Acts of the accused associated with this Offense:
VC 3309(1) DRIVING WITHIN LANE.
IN THAT, on or about said date, THE DEFENDANT did fail to drive as nearly as practicable entirely within a single lane
AND/OR moved from the lane without first ascertaining that the movement could be made with safety while driving a
vehicle upon a roadway divided into two or more clearlylmarked lanes for traffic at 400 Block Mcculoch RD Shippensburg
Twp. Cumberland County, in violation of Section 3309(1) of the PA Vehicle Code.
Inchoate Attempt Solicitation Conspiracy 1 A2 B Permitting (Title 75 Only)
Offense 18 901 A 18 902 A 18 903 n a in n (Knowledge 75 1575 A
3 3714 a of the 75 1 S
Lead? Offense # Section Subsection PA Statu e itle Counts Grade NCIC Offense Code UCR/NIBRS Code
PennDOT Data
(if a licable) Accident
Number
? Safety zone
? Work Zone
Acts of the accused associated with this Offense:
VC 3714(a) CARELESS DRIVING
IN THAT, on or about said date, THE DEFENDANT did rive a vehicle in careless disregard for the safety of persons or
property at 400 Block Mcculoch RD. Shippensburg Twp. Cumberland County by driving while intoxicated, in violation of
Section 3714(x) of the PA Vehicle Code.
i
AOPC 412A-06 2000206-1 Page 2 of
POLICE CRIMINAL COMPLAINT
Do e u ber
r Date Filed
1
D; le OTN/LiveScan Number Complaint/Incident Number
1
't
_'y
0
1-373867+4
H02-1698815
I First Name
Defendant Name
George
iddle Name
iles
Last Name
MCLEWEE JR.
2. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made.
1 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This
verification is made subject to the penalties of Section4904 of the Crimes Code (18 PA.C.S.§4904) relating to unsworn
falsification to authorities.
4. This complaint is comprised of the preceding page, as well as the attached pages that follow, numbered through
specifying offenses and participants, if any.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of
Pennsylvania and were contrary to the Act(s) of the A sembly, or in violation of the statutes cited.
(Before a warrant or arrest can be issued, an affidavit of probably cause must be completed, sworn to before the issuing
authority, and attached.)
09/22, 2007
Date Month and Da ear Si nature Affiant
AND NOW, on this date /
k?=J certify that the complaint has been properly completed and verified.
An affidavit of probable cause must be completed before a warrant can be issued.
AOPC 412A-06
20070206-1 Page 1 of 1
CRIMINAL COMPLAINT
D N be .- 1 D d
t?
= OTWLiveScan N umber yvescaoNumber P.ererredl Complaint/Incident Number
L373867-4 H02-1698815
First: Middle: Last:
George Giles MCLEWEE JR.
AFFIDAVIT?of PROBABLE CAUSE
This affiant is Tpr. Steven P. NESBIT a member of th Pennsylvania State Police currently assigned to the Patrol Unit at
Troop H, Carlisle station.
On 09/16/07, at approx. 0635 hours, I was dispatch d to assist EMS with a possible dead motorist. It was related that
the motorist was still in his car slumped over the steer ng wheel. The vehicle was parked in a field at 441 Mcculloch RD.
Southampton Twp. Cumberland County. Upon arrival to the area I met with Shippensburg Area EMS
Shippensburg EMS related that upon responding 1
bearing PA reg DTP7708. Upon approach to the veh
steering wheel. They related that the operator was w
operator related that he was not drinking however, thi
breath and he appeared to be intoxicated. They relate
Ln Shippensburg, PA 17257. Shippensburg EMS als
realize that they were not police officers. They relate
441 Mcculloch RD. they observed a black Chevrolet Cavalier
le they observed a W/N-M with grey hair slumped over the
ken up and they began an initial assessment. They related that the
r smelled the strong odor of an alcoholic beverage coming from his
that they were able to obtain the operators address of 36 Lantern
related that as they when talking to the operator he seemed to
that all of a sudden the operator turned on his car and drove away.
When asked, EMS related that they had cleared the
information. After obtaining this information we respol
Lantern LN I observed a black Chevrolet Cavalier bea
residence. I observed the operator to be passed out b,
vehicle was running. With my observations and the in
immediately pulled the operator out. The operator wa:
from EMS and the vehicle was running. I determined
vehicle. I noted the time of the initial observation of the
Once the operator was removed from the vehicle, I
emanating from his breath and person. I also observe
removed from the vehicle stumbled to the rear of the c
that he had not driven and was unaware why PSP wa:
and he related that it was in his wallet in the front seat
as George Giles MCLEWEE JR. of Shippensburg, PA
40 oz Budweiser brand on the front passenger side flo
MCLEWEE again denied he was ever driving or drinkii
I,Tpr. Steven P. NESBIT -if
ACCORDING TO THE LAW, DEPOSE AND SAY T
ARE TRUE AND CORRECT TO THE BEST OF MY
Sworn to me and subscribed before me this day
My commission expires first Monday of January, 1
>cene at 0656. 1 met with EMS at 0700 hours, and obtained this
Jed to 36 Lantern LN Shippensburg, PA 17257. Upon arrival, to
ng PA REG# DTP7708 parked in the front driveway of the
hind the steering wheel. The keys were in the ignition and the
)rmation form EMS I opened the door to the vehicle and
pulled out of the vehicle due to the fact that he had driven away
to be an officer safety issue to let the operator remain in the
Chevrolet Cavalier to be 0705 hours.
mmediately smelled the strong odor of an alcoholic beverage
him to have blood shot and glassy eyes. The operator once
r and spit fell from his mouth. When asked, the operator related
speaking with him. The operator was then asked for identification
if the vehicle. Upon retrieving his wallet the operator was identified
iy his PA photo driver's license. At this time I observed an empty
r of the vehicle. When asked again what was going on
3 any alcoholic beverages.
, BEING DULY SWORN
THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT
)WLEDGE, INFORMATION AND BELIEF.
ez?
Signature ofAffiant)
, Magisterial District Judge.
SEAL
AOPC 411C-O6 200 0206-1 Page 1 of
CRIMINAL COMPLAINT
(LNeScan Number Prefe"d)
L373867-4
George I'IGiles
AFFIDAVIT 0 PROBABLE CAUSE
H02-1698815
MCLEWEE JR.
MCLEWEE was unable to stand up without swaying- Zth the above information and observations MCLEWEE was taken
into custody for DUI. MCLEWEE was then place into patrol car and transported to Cumberland County Prison for
further processing. After leaving MCLEWEE'S residen e I met with Shippensburg EMS at Lantern LN and Rustic DR.
Shippensburg, PA. Shippensburg EMS made a positive identification that MCLEWEE was the operator of the black
Chevrolet Cavalier.
While transporting MCLEWEE he was provided his Miranda rights that he acknowledged. MCLEWEE acknowledged
his Miranda warnings however he continued to related that he knew his rights and that I did not need to provide him his
rights. I then began to explain the process at Cumber) nd County Prison. MCLEWEE became very upset and
uncooperative. He continued to relate that he was not riving and that he had not driven his vehicle or drank alcoholic
beverages that day.
On 09/16/07, at 0753 hours, MCLEWEE was provid d his implied consent and OCONNELL warnings that he
acknowledged. MCLEWEE however refused to sign tht DL 26 and related that he would not submit to a breath test. I
related to MCLEWEE that if he did not provide the breath test he would be subject to more enhanced penalties and he
again related he would not submit to a breath test.
I respectfully request that the MCLEWEE answer to the charges set forth in this complaint.a
THE LAW, DEPOSE AND SAY THAT THE FACTS S
CORRECT TO THE BEST OF MY KNOWLEDGE, INI
Sworn to me and subscribed before me this day of
BEING DULY SWORN ACCORDING TO
FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND
IMATION AND BELIEF.
f(a (Sig ature ofAffiant)
My commission expires first Monday of Januarys lia
, Magisterial District Judge.
SEAL
GEORGE GILES MCLEWEE, JR.,
PETITIONER
VS.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
DOCKET NO: CV 2007
AFFIDAVIT OF SERVICE
I, Shawn M. Curry, Esquii
Department of Transportation, Bure
George Giles McLewee, Jr.'s Petiti
sending said copy to the Bureau of
Certified Mail, Return Receipt Ri
addressed as follows:
do hereby affirm that I have served upon the
of Driver's Licensing, a true and correct copy of
for Appeal of Operating Privilege Suspension by
iver's Licensing by United States Postal Service,
ested, Receipt No,.-I&)4 oGS0 ,,,o 7-1.4,6, 2195
Offic of Chief Counsel
Departry ent of Transportation
Riverfront ffice Center - 3rd Floor
11 1 S. Front Street
Harrisburg, ennsylvania 17104-2516
This affirmation is made with
relating to unsworn falsification to au
Date:
knowledge of the penalties of 18 P.S. §4904
*ties.
Respectfully Submitted,
MCSHANE & HITCHINGS, LLC
By:
Shawn . C rry, squire
Attorney for Petitioner
Attorney ID# 202061
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax: (717) 657-2060
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NOV 212007
GEORGE GILES MCLEWEE, JR., IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
VS. RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
COMMONWEALTH OF &q49 C1,va le.m
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, DOCKET NO: CV 2007
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
ORDER OF COURT
AND NOW, this A day oN/1, 2007, IT IS HEREBY ORDERED
AND DECREED THAT the Petitioner's Motion for a de novo hearing regarding the
Bureau of Driver's Licensing of the Commonwealth of Pennsylvania's suspension of the
Petitioner's Operating Privilege IS GRANTED.
Specifically, the Court further finds that Petitioner's Motion challenging the
suspension was timely filed as it was filed within thirty (30) days of the mailing date of
the Bureau's Notice.
This matter is set for4=he_ day of Obg , at
0('.tk6 o'clock in Courtroom A
FURTHER, this Court directs The Department to stay its planned suspension
during the pendency of this AI
Distribution:
Shawn M. Curry, Esquire
Office of Chief Counsel
?-
ce)
-:
uj -
OD w
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a
GEORGE GILES MCLEWEE, JR.,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6949 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of March, 2008, this matter
having been called for a hearing this date, and the petitioner
representing that he is withdrawing the appeal, it is ordered
that the appeal is withdrawn
/'e"orge H. Kabusk, Esquire
For the Department of Transportation
vl`<wn M. Curry, Esquire
For Petitioner
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