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Home My WebLink About01-2236JOSEPH E. MARTZ, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appeal of Operators License Suspension - Chemical Test Refusal APPEAL OF LICENSE SUSPENSION comes the Appellant, Joseph E. Martz, by and through Lauer, Jr., and A_ND NOW his attorneys, the Law Offices of Patrick F. respectfully avers the following: 1. Appellant resides at 825 Market Street, 1~ Floor, Right side, Rear, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Appellant received a notice dated March 23, 2001 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 April 27, 2001, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." Appellant submits that the police officer lacked a basis to request Appellant to submit to a chemical 3. The reasonable test. 4. The Appellant submits that he did voluntarily refuse to submit to a chemical test. 5. The Appellant submits his actions did refusal. not intelligently and not constitute a WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, Date: ~/6 - 2 oo! 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JOSEPH E. MARTZ, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appeal of Operators License Suspension - Chemical Test Refusal ATTORNEY VERIFICATION I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Joseph E. Martz, hereby verifies and states that: 1. E. Martz; 2. my client's I am the attorney for Appellant, Joseph I am authorized to make this verification on behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; Date: The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 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, 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JOSEPH E. MARTZ, Appellant 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 Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: Respectfully submitted, 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 25, 2001 JOSEPH E MARTZ 825 MARKET ST 1ST FL RIGHT-SIDE REAR LEMOYNE PA 17043 010756101507103 03/16/2001 09225622 11/16/1936 001 Dear Motorist: As a result of your violation of Section 1597 of the Vehicle Code, CHEMICAL TEST REFUSAL on 05/04/2001, your driving privilege is being SUSPENDED for a period of 1 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 DLI6LC 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, C~edlt will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction?is received irt this But*eau. 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, YDU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~+*,,a ~L~,~e o~ suspension ts ~/27/200~, 12:01 a.m. WARNING: If you are convicted for driving while your license is suspended, the penalties will be: a MINIMUM of 90 days imprisonment AND a 1,000 fine AND your license will be suspended for I year. 010756101507105 .... 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 Divislon~ wZthin 50 days of~ ~ date, H~c. P~- ~nn[, of this letter. Z~ you ~tle an appeal n~'~'the County Court, the Court wtll glve you a time-stamped certified copy o~ the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mai! to: Pennsylvania Department of Transportation Office of Chief Counse! Third Floor, Riverfront Off/ce 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 [NFORHATION (7:00 AN TO 9:00 PH) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 JOSEPH E. 14~kRTZ, Appellant COMMONWEALTH OF PENNSYLV~/qIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/" D3& Appeal of Operators License Suspension - Chemical Test Refusal ORDER OF COUR~ AND NOW this ~f~ day of ~ I 2001, upon consideration of the within A~PEAL OF OPERATORS LICENSE SUSPENSION, it is hereby matter at on a~al./p.m, in ordered that a hearing shall be held regarding this the ~b4c~ day of ~ 2001 at 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. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, Third Floor, Pa 17011 CHEMICAL TESTIHO WARHING9 AND RE. oOFIr OF REFUSAL TO SUEIMIT TO CHEMICAL TEgTINQ A8 -0~07~;' &~O"~ ~07~.0~ AUIIIORIZED BY [.-t~lilaJ~ll.~dl OF THE VEHICLE CODE ~,,~, """ I I,- I h nye boon edHled d Ihe 8bo~. '~ Signature o? O/llcor: AFFIDAVI~ Dele:. 1. ~ nbov~ metadol was planed under o.ost !~r d!lv!ng ~der ~ ~fl~ el d~h~ or m ~b~ed au~t~ ~ vbl~lon el ~on 8~1 dee ~at ~e a~m named m~lalst was nvolvO~ in an a~l~fll In wh ~ ~ ~milor ~ pal~f ~ ~ v~ ~l~d ~ I ~l~ ~ 4. ~eabove~od~otorlstrb~edto sub~llto~em~ ~Sd~ .... ~ orwerd fo: [~gparlmenl of Transporfatlon P.O. Box 2253 Harrisburg, PA 17 f 05 ~ ~3o THIS FORM BAY BE O~PLICATEG Note: Any perllnont Io~l not nov/red by the affidavit ahould b~ lubndRId e sepmrele cheat and allayed bernie. That sheet IhoMd ~ 1~ n~ ADDITI~AL SUPPLIES OF Tills FORM ~Y ~E SECURED BY ~M~E7~9 F~M O~5' COMMONWEALTH OF PENNSYL VANIA ) )SS: COUNTY OF CUMBERLAND ) I certify that the attached copies of the Calibration & Accuracy Certificates CALIBRATION ACCURACY dated 2/16/01 / 2/16/01 are a true, correct, and complete copy of the original Calibration & Accuracy Certificates. In witness,whereof I hereunto set my hand and official seal. CUM co.m CARL )anlel Certified Date: Certified By: F ary v 001~.~ Daniel A. Lutz ACCURACY INSPECTION TEST Test Resuh$ Conslant Absoluta Difference A. 099 % 001 % LOT # 00190 B, . __ 099 C. O98 % .10% D, 097 · %' .10% E. 098 % .10% TOTA 001 _ % 0O2 OO3 ...... d~'% 002 · 009 AVERAGE DEVIATION = Tolal 009 $.0 _% 001 NOTE: ALL ENTRIES MUST lie TYPED, ADDITIONAL INFORMATION AND/OR REMARKS INTOXILYZER LOCATION CUMBERLAND COUNTY DUI DEPT. JOSEPH E. MARTZ, Appellant COM~0NWEALTH OF PENI~SYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COD-NTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2236 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 2001, this matter is continued to be completed at 1:15 p.m., Monday, September 24, 2001. By the George H. Kabusk, Esquire ey, J. For Department of Transportation Marlin L. Markley, Esquire For Appellant Sheriff pre JOSEPH E. MARTZ, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 01-2236 CIVIL TERM : : : LICENSE SUSPENSION : APPEAL : PRAECIPE TO WITHDBAWAPPF2%LOF OPERATORS LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the appeal in the above captioned case. Date: Respectf~mitted: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street~ Aztec Building Camp Hill, Pemqs~ivania 17011-4706 ID# 84745 Tel. (717) 763-1800