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Home My WebLink About11-8922 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA V. /I-89aa Civil T,erM JUSTIN T. DECAPRIO NQ . GP 2.1 G;z `)0089 2 ORDER OF THE COURT AND NOW, this ?5Adate, of Qtpi" , 2012, after due consideration of the Defendant's Motion to Con nue and fter considering response, if any, by the Commonwealth, IT IS HEREBY ORDERED AND DECREED that the Defendant's Motion to Continue is hereby GRANTED. It is further ORDERED AND DECREED that this matter shall be continued until the L day of aAA 2012 Al N'clock in Courtroom #j-- f The delay occasioned by the granting of this order shall be computed against the Defendant for purposes of computing Rule 6oo if necessary. r? C"?y The Attorney for the defense shall be responsible for giving actual notice of the- :r MCO continuance as well as the new mandatory Court date to his client. The failure?rm of the Defendant to appear at the designated time and place will result in a, bench warrant being issued with bail forfeited. BY THE COURT: > c- J c? rti? cn Distribution: Prothonotary Court Administrator's Office Phillip Bricknell, Esq., PennDot, Office of Chief Counsel,11oi S. Front Street, Harrisburg, PA 17104 V Bryan E. DePowell, Esq., 4807 Jonestown Road, Ste 148, Harrisburg, PA 17109 evP es rVi .1?,, W rl,D- ? /,-? ,k6. ,_ f,? !J t- C• F ?, 1. T t i IVi?4J ?.Il 12 i > J v ?', "t'`1SYLVAfdlA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA V. a CfUil JUSTIN T. DECAPRIO No.: TO THE HONORABLE JUDGE OF SAID COURT: MOTION TO CONTINUE AND NOW, this loth day of April, 2012, comes the above-captioned defendant, Justin T. Decaprio, by and through his counsel, The McShane Firm, LLC, and Bryan E. DePowell, Esquire, and respectfully avers as follows: 1. Currently this matter is set for License Suspension Appeal Hearing on April 16, 2012 at 9:3o a.m. in Courtroom 3. 2. A Continuance in this matter is requested as undersigned counsel has not fully completed investigation in this matter. 3. The Defendant in this matter understands the implications of this request with respect to Rule 600. 4. Undersigned counsel contacted Attorney Phillip Bricknell of Pennsylvania's Department of Transportation, Office of Chief Counsel regarding his concurrance to this Motion. However, we have not received a response from Attorney Bricknell. WHEREFORE, Defendant, Justin T. Decaprio, respectfully requests This Honorable Court grant his Motion and continue this matter. Respectfully submitted, Bryan E. DePowell, Esquire Attorney for Petitioner 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Tel: 717-657-3900 Fax: 717-657-2o6o Attorney ID: 308156 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN T. DECAPRIO No.: CP-21-CV-ooo8922-2011 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CERTIFICATE OF SERVICE I, Bryan E. DePowell, Esquire, hereby certify that the following service of the Defendant's Motion to Continue has been completed in compliance with the Rules of Criminal Procedure: Via First Class Mail Phillip Bricknell, Esq. PA Dept of Transportation Office of Chieff Counsel 11o1 S. Front Street, 3`d Floor Harrisburg, PA 17104 Respectfully submitted, ?l! r. cam;--?r?.? B E. DePowell, Esquire Attorney for Petitioner 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Tel: 717-657-3900 Fax: 717-657-2o6o Attorney ID: 3o8156 JUSTIN T. DECAPRIO, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-8922 CIVIL TERM ORDER AND NOW, this 16th day of April, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 15th day of August, 2012, at 1:30 p.m., in Courtroom no. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE. COURT,-.,_ J. Attest: --/Bryan E. DePowell, Esq., The McShane Firm, 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3'd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 / x T .r... CD (' "a -- .. 7 f JUSTIN T. DECAPRIO, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Respondent NO. 11-8922 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of August, 2012, upon consideration of appellant's appeal from the suspension of operator's privileg , and after hearing and argument of counsel, the court makes the following findings of fact: 1. On August 10, 2011, at approximately 6:30 a.m., Officer Steven Grunden of the Silver Springs Township Police Department responded to a report of a hit and run accident. 2. The hit and run accident occurred in Silver Spring Township along Trindle Road, however, the officer responded to area in Monroe Township, the adjacent township, where the petitioner was observed walking. 3. Upon arriving at the scene, the petitioner had been placed in handcuffs in the rear of the State Police vehicle and as transferred by Officer Grunden to the rear of the Silver Spring Township police car. 4. Upon transfer, the officer noted various indication that the petitioner was under the influence. 5. The petitioner, in fact, admitted to driving the vehicle involved in the one car accident and to drinking alcohol c beverages. 6. The petitioner was placed under arrest and transferred to the Carlisle Regional Medical Center at approximately 6:50 a 7. Although the petitioner had mentioned his shoulder hurt at the scene, upon arriving at the hospital, he made no further indication of pain or requests to the officer for treatment. 8. The petitioner did have blood on his head from a possible contusion. 9. Throughout the time of the officer's interactions w~.th the petitioner, he was confrontational and combative, swearing repeatedly at the officer, and thrashing about and kicking in rear of the police vehicle. 10. At the Carlisle Regional Medical Center, the petitioner was read the DL-26 form in its entirety during which time he continued to swear at the officer. 11. Following completion of reading the form, the offic r offered a pen to the defendant to sign the form. 12. The defendant refused to sign the form, did not consent to the test, and three minutes later the officer noted that this constituted a refusal. 13. Given the combative behavior of the petitioner, whether the officer waited three minutes, thirty minutes or hours would have made little difference. We specifically find t at his combative behavior obviated the need to wait any longer than the officer did. 14. We find that from the time the officer began to the DL-26 until the refusal occurred was approximately five to s~.x minutes. 15. The defendant refused to sign the DL-26 form. 16. Based on the the credible testimony of Officer regarding the nature of the petitioner's behavior at the hospital., we do not find the petitioner to be credible when he says that asked to take the blood test. 17. We do not believe the petitioner was confusQd in way, shape, or form about the DL-26 and that his actions constituted a refusal. Accordingly, it is hereby ordered and directed that the petitioner's appeal of his license suspension is dismissed, and supersedeas formerly granted in this case is rescinded. By the Court, Albert H. Masland, J. ;/ Bryan E. DePowell, Esquire ~~ ~. For the Petitioner ~ ~ Il Philip M. Bricknell, Esquire "~ For the Department of Transportation .~~ -,~ ~~...,, 3 ~,,/ r ~~L ~ s=~ r;, s-rs ;s .t