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Home My WebLink About94-03469 l' . - COMMONWEALTH OF PENNSYLVANIA, I DEPARTMENT OF TRANSPORTATION, I BUREAU OF DRIVER LICENSING I I vs. I I JOSEPH L. MCMULLEN I IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-3469 CIVIL TERM ORDER AND NOW, this ~6U. day of JoJ~?'Lf.4'A) - I upon petition by the Department of Transportation, the hearing sct(duled for october 3, 1994, is continued and rescheduled for the , ~ day of '1l.tPbn..U-t. , 1994, at 1,11) ..,.'l.m. in courtroom number 2, Cumberland County Courthouse, Carlisle, pennsyl vania, , 1994, I 'J 1 ~~ II'll) ~~. Distribution I Matthew x. Haeckler, Esquire, 103 Transportation and Safety Building, Harrisbrrg, Pennsylvania 17120 Patrick F, Lauer, Jr., Esquire, 2108 Market street, Aztec Building, Camp Ilill, Pennsylvania 17011 J. , , - COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3469 CIVIL TERM vs. JOSEPH L, MCMULLEN MOTION FOR CONTINUANCE AND NOW, comes the commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, by and through its attorney, Matthew X. Haeckler, Esquire, respectfully requests a continuance in the above referenced matter as followsl 1. The above referenced matter is an appeal of a one- year suspension imposed by the Department based upon a refusal to submit to a chemical test, A hearing in the above referenced matter is scheduled for October 3, 1994, in courtroom number 2 at 1130 p.m. at the Cumberland County Courthouse. 2. The Department has one witness in this matter, Officer Gregory S. Martin. Officer Martin is unavailable to attend the hearing on the scheduled hearing date. 3. The undersigned counsel for the Department contacted the offices of Patrick F. Lauer, Jr., Esquire, counsel for motorist Joseph L, McMullen, however, Mr, Lauer was unavailable and did not return the phone call. ....... . .. . .. SEP 2 n 1994 , , , . I f {i nSllJ8UI SEP 2 9 199~(!... ('IlMMIl:'<lWI':,UIII m I'I-:Ni'iS\I.\'ANIA L . 1I1-:I'AIII MI'NI orlltAi'iSI'1l111AllO:'<l Office of Chief Counsel 103 Transportation and Safety Building Harrisburg, Pennsylvania 17120 september 29, 1994 It...."..~~ ~ 1J.j~(PI' fllffRto Richard Pierce Assistant Court Administrator One Courthouse square Carlisle, Pennsylvania 17013 ReI commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing vs. Joseph L, McMullen No, 94-3496 Civil Term Dear Mr, Pierce I Enclosed please find a motion for a continuance for the above referenced mattsr. This case is currently scheduled for october 3, 1994 at 1130 in courtroom number 2. Thank you for your attention to this matter. Very truly yourR, /~a~.) V~t~L Matthew X. ~e~~ler Assistant counsel Department of Transportation 220/MXH/jlp -- (717) 787-2830 CCI Patrick F. Lauer, Jr., Esquire Recycl.d PIpe, i. I. II , I, COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, APPELLEE I IN THB COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PHNNSYLVANIA I I NO. C/'-I- 3 L/ 61 6i..t TiI \-11'../ I I I I I I VS. JOSEPH L. MCMULLEN, APPELLANT ORDBR OF COURT AND NOW, this ~<.J.. day of tLlLJ ' 1994, based upon 3 (tt. , Appellant's Appeal, a Hearing shall be held on day of (\.J.:olJ..v", , 1994, in Courtroom.JL. at _1.30 o'clock tL. 01. at the Cumberland County Courthouse. This Appeal ehall act as a supercedious of any suspension or , revocation of Appellant's licenee pendi~ e hearing. ~ J. Datel lulJ Go. 197'/ , ~ 4().rLt y I ~UIP \'. JUl I; 2 ll1 I'H '9~ tf (;Li~ '" !i :1 ;0'. . :fHI) In .~ IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA I PENNSYLVANIA DEPARTMENT 1 OF TRANSPORTATION 1 BURBAU OF DRIVER LICENSING, 1 APPELLEE 1 1 vs. 1 1 JOSEPH L. MCMULLEN, 1 APPELLANT 1 NOTICB OP APPBAL NO. 1. Appellant, Joseph L. McMullen, is an adult individual whom currently resides at 613 Herrin Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Appellee, Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Bureau of Driver Licensing, Harriaburg, Dauphin County, Pennsylvania, 17123, ie a state agency. 3. Your Appellant was arrested for allegedly operating his motor vehiole while driving under the influenoe on May 7, 1994, at 0137 hours in the area of the Shippensburg Raceway entrance. 4. Your Appellant was notified on or about May 23, 1994, that his license was being suspended for a period of one year which would go into effect June 27, 1994 at 12101 a.m. A true and correot copy of the Notice is attached at Exhibit "A". 5. Your Appellant denies that he refused to submit to breath, blood or urine testing and that said suspension is improper and unwarranted. 6. The Dsfendant took a pre-breath test at the scsne of the arrest with a reading of 0.04\. 7. The Defendant was not informed that the pre-brsath test did not oonstitute a valid breath test. CBRTIPICATB OF SBRVICB I hereby certify that I am this day serving a copy of the foregoing Appsal upon the penon and in the manner indicated ,below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depoBiting a copy of the same in the United states Camp Hill, Pennsylvania, through first , class certified mail, prepaid and addressed as followSI Pennsylvania Department of Transportation Room 103 Transportation & Safety Building Harrisburg, PA 17120 Date I itll it( y I' - . /.J~ c ' (I' atr ck F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Supreme ct. lOt 46430 ! 'I I. VBRIPICATION Ii j! II I, JOBeph L. NoNullen, state that I am the Appellant in the " I' above-oaptioned oase and that the faots set forth in the above ,; :1 .. Notioe of Appeal are true and correct to the best of my knowledge, :, information and belief. I realize that false statements herein ,. i' are subject to the penalties for unsworn falsifioation to authorities under 18 Pa. C.S. 4904. j; tlq5[ CJ ;1Ijh, IL seph L. NoNullen Date. It(rJ Ie; ~ ~ ! P ~ (i Elhlbit A COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Orivor Licensing Harrisburg, PA 17123 MAV 23, 1994 JOSePH L MCMULLeN ],],Sl.5 weAveR RIl l.7244 ~4l.32S411DD22D5 DOl. D51l.101l.~~4 1%333~2 03/D2/1~SS ORRSTOWN PA Dear Motorist. As a result of your Violation of Section 1547 of the Ve- hicle Code, CHEMICAL TEST REFUSAL on 05/07/1994, your driving privilege is being SUSPENDED for a period of 1 VEARCS), In order to comply with this sanction, yoU are required to return a completed DL-16LC Form (Acknowledgement Form) acknowledging the sanction of your driving privilege. Credit will not begin until the DL-16LC Form acknOWledg- ing your sanction is received by this Bureau, When the department receives your form of acknoWledge- ment, it 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 tuward serVing the sanction, Effective Datu of Suspension. 06/27/1994, 12.01 a,m. ..........1(......................................................... IWARNINGI If yOU are convicted for driving while your license is I 'suspended, the penalties will be. not less than 90 days imprisun-I Iment and a .1,000 fine and an additional 1 year suspension. I ....1(.............................1(................................. Please see the enclused application for restoration fee information. _-.........4__._____.._._ _~__._.._ ... .....-.....- " . . 941328411002205 ---- You have the right to appeal to the Court of Common Pleas of the countv of vour residonce within 30 davs of the mail date (MAY 23, 1994) of this notice, Sending a copv to this de- portment of a timelv, filed appeal will stav the deportment's action pending a final decisiDn bv the cDurt, The CDPV must be sent bv certified mail tD' Room 103 TransportatiDn and Safetv Building Harrisburg, PA 17120 Sincerelv, ..-;; _? ~. -I(.'-r-~ DDuglas K. Tobin, DiractDr Bureau Df Driver Licensing SEND FEE/LICENSE/DL-16LC/TO. Departmant Df Transportation 'Bureau of Driver Licensing P.D. Box 68693 Harrisburg, PA 17106-8693 INFDRMATION (7,00 Pittsburgh Area Philadelphia Area Harrisburg Area Toll Free AM TO 6,30 PM) - 412-565-5670 - 215-698-8100 - 717-787-3130 1- 800-932-4600 '7r ~1" :;I:: <l. f',,", ,'.. .:1' , I '" ~ , . ) . I- ) ~t ~\ ~,: '~ " 'I~ t;;.. ,-1 ~j "'\ :1 -j ~J \ ' -.\_ n 'A- .' < ..l-> '...' '"" .... ~i .~'\ .~ .... (~ ::t- III IWIIW'" t. I , ."111'" J "llnrnfl at I ' , " I ' .all IlIk \t" ~ \ '" \Ih'd I 'h~ 111111,11111' ..1111111111 11\ " ~ 'I ! I ,( II I , '" I I ""I! " ,~ ......_" --4 j - ~~ I',>,:) ..:. . 1~:f ~~ r-I ~- rf) rf) - if Ji..' . ~ ., ~~ - " E ;:).J...:.o;::- < w Vi E - :5 ..J,,-,"~" (J - " - ~~~;Q.r'; u. " aJ ...; \.Q ~e::gtl-=~ Uo,._J:1' ... ::) , 0.- ii~-<et:. !- . '" .. < (,J Q" \ " " ~ J lJil :!B 189" COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVERS LICENSING, APPELLEE V, JOSEPH L. MCMULLEN, APPELLANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , , : 94-3469 CIVIL TERM ~ AND NOW, this 3rd day of November, 1994, a hearing having been scheduled on an appeal by Joseph L. McMullen from the suspension of his operating privileges, and appellant and the Department having reached an agreement for a resolution of this case, IT IS ORDERED THAT: (1) The appeal Is dismissed, (2) Effective date 01 the suspension of appellant's operating privileges pursuant to the notice sent by the Department on May 23, 1994, Is amended to Friday, February 24, 1995, Appellant shall return his license to the Department for purposes of the suspension not later than Friday, February 24, 1995, / aVII16Cou;/ \ l , "'-...-. Edgar B, (l-~'.{ III ~I 'i ~ ,.\ I' ( Philip L. Zulli, Esquire '- c'i'~) For Appellee " , Patrick F, Ll1uer, Esqult~ .:. ~La dl..,..t ,.. For Appellant l:L , :saa Noy II 8 31 AM '9~ , ',,; Ilet or I,ll. l.t,,,ltI01l:J1A,,V CUI4QfH 11.0 C')ukTV \'Ehh,YI ".~\~