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Home My WebLink About00-05021 ERIC RANDALL WHALLIN, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee I . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COURT AND NOW this day of J U? 1 2000, upon consideration of the within APPEAL OF LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the 5-4f, day of gj:3' ? 2000 at Oman p.m. in Courtroom No. _I 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 resol es this appeal7. C +G .. exl?? S'JC? SvpUScAcXS ti, i'r-I Q(c 42, ? O c_ Q a BY THE COURT: ? a .0 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 ?,? E? ;.,Jrl h - ... f- T i'?dNSYlih'tN41'1. ERIC RANDALL WHALLIN, Appellant V. , COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. "i-0 - SO ZI C" -7-L? Appeal of Operators License Suspension - Chemical Test Refusal APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Eric Randall Whallin, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 3705 Barnstable Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Appellant received a notice dated July 7, 2000 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 July 19, 2000, 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: 7 17 U ?6V C ??Zy Patrick F. Lauer, Jr., quire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ERIC RANDALL WHALLIN, 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, Eric Randall Whallin, hereby verifies and states that: 1. I am the attorney for Appellant, Eric Randall Whallin; 12. 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: 7,ectfully su mitted, k4l Patrick F. Lauer, Jr., squire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ERIC RANDALL WHALLIN, 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 !. i 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 Date: Respectfully submitted, P6-'d' C 4X,11, Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JULY 07, 2000 ---- ERIC RANDALL WHALLIN 001826102890603 001 3705 BARNSTAPLE ROAD 06/30/2000 17614552 MECHANICSBURG PA 17055 12/09/1956 Dear Motorist:, As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 02/26/2000, 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 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 07/19/2001, 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-1 Iment and a 1,000 fine and an additional 1 year suspension. I 001826102890603 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 07, 2000. 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.D. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ERIC RANDALL WHALLIN, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING, Appellee No. 00-5021 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2000, upon consideration of the Appeal of License Suspension, and pursuant to an agreement reached in open court between Appellant and his counsel, Patrick F. Lauer, Jr., Esquire, and the Commonwealth of Pennsylvania, Department of Transportation, represented by George F. Kabusk, Esquire, the appeal in this matter is withdrawn. George Kabusk, Esquire Assistant Counsel Motor Vehicle and Traffic Safety Sections Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For the Appellee Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011-4706 For the Appellant i W-61 130 wcy By the Court, -'r -: Ry e, n ('? - l.If?1TY rE 'Nai f_?!'jNIIA '11,910110, PON -lot "NOMIN,