The URL can be used to link to this page

Home My WebLink About02-3734MARK ALAN MINNIC~ :IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators DEPARTMENT OF TRANSPORTATION, : Suspension - Ch~nical Test BUREAU OF DRIVF_~ LICENSING, :Refusal APPF~I, ~'[F I.I~"~M,~F~ .qIIRPF~M,qION AND NOW comes tho Appellant, Mark Alan 1Wmnioh, by and through his attorneys, tho Law Offices of Patrick F. Lauer, Jr., and respectfully avers tho following: 1. Appellant resides at 300 Hollar Avonuo, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Tho Appellant received a notice dated July 12, 2002 that, as a result of his alleged violation of Pennsylvania Vehielo Code Section 1547, Chemical Tost Refusal, his driving privilege was being suspended for a period of oho year, effective suspension date August 16, 2002, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. Tho 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 evidenfiary hearing on the matter. 2108 Market Street, Aztec Building Camp ~ Pennsylvania 17011-4706 I[~ 46430 Tel. (717) 763-1800 MARK ALAN MINNICH, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeafl of Operators License DEPARTMENT OF TRANSPORTATION, : Susp~xsion - Chemical Test BUREAU OF DRIVER LICENSING, : Refusal A Tro~x,r.v V~.un~AT~C~N I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Mark Alan IVfinnich, hereby verifies and states that: 1. I am the attorney for Appellant, Mark Alan IWmnich 2. I am authorized to make this verification on my client's beha~ 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 tree and correct to the best of my knowledge, information and belief}, and 5. I am aware that false statements he,ein are made subject to the penalties of 18 pa. C.S. 4904, relating to unswom falsification to authorities. Date: Camp Hill, P~msylvania 17011-4706 ID~46430 Tel. (717) 763-1800 MARK ALAN MINNICH, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension - Chemical Test BUREAU OF DRIVER LICENSING, : Refusal Appellee 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 I-tall, 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 Ofl~ce Center Harrisburg, PA 17104 Respectfully submitted, 2108 Market Street, Aztec Building Camp 1-1511, Pennsylvania 170114706 II~46430 Td. (717) 763-1800 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mai! Date: JULY 12, 2002 MARK ALAN MINNICH 300 HOLLAR AVENUE SHIPPENSBURG PA 17257 WID e 021866112229618 001 PROCESSING DATE 07/05/2002 DRIVER LICENSE e 15932057 DATE OF BIRTH 03/13/1953 Dear HR. MINNICH: This is an Offtcta! Notice o~ the suspension of your Driving Privilege as authorized by Section 15~7 of the Pennsylvania Vehicle Code. As a result of your violation of Section 15~7 of the Vehicle Code, CHEHICAL TEST REFUSAL, on 06/27/2002: Your driving privilege is SUSPENDED for a period of YEAR(S) e~ectlve 08/16/2002 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties w111 be a MININUH of 90 days imprisonment AND a 1,000 fine AND Your driving privilege will be suspended/revoked for a HINIMUM 1 Year Period COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's Permits, temporary driver's licenses (camera cards) ~-~E~S~.~.~.:~ Or before 08/16/2002. You may surrender these items before, 08/16/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU NAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON 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 iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your Photo identification card. You w111 not recelve credlt toward serving any suspension untll we receive your license(s). Complete the following steps to acknowledge this suspension. 021866112229618 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 nota- rized 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: Pennsylvania Department of Transportation -- Bureau of D~iver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s)~ and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive 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· If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(~) 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 p~_yo_~_.~toratioo f~e~. c~mJAl~e 'g.._~ ....... 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2o ~rite 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. 021866112229618 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, JULY 12, 2002, of this letter. Z~ you file an appeal in the County Court, the Court will glve you a t/me-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, Riverfront Office Center Harrisburg, PA 1710~-2516 Remember, this is an OFFZCZAL NOT/CE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 08/16/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-q600 TDD IN STATE OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 AUG 0 5 20D2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTM1;;NT OF TRANSPORTATION, ' Suspension - Chemioal Test BUREAU OF DRIVER LICENSING, · Refusal ORf}I~.R f~l~ COITRT AND NOW this day of . 2002, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing sh_all be held regarding this matter at on the / / ~ daY of ~~ . 2002 at ~-)530 ~p.m. in Courtroom No. ,-~ Pennsylva~a. of the Cumberland County Courthouse, Carlisle, A supersedeas is granted pursuant to Vehicle Code Section 1550COX1) until such time that this honorable court resolves this appeal. BY THE COURT: Distribution: Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfxont Office Center, =Patrick F. Lauer, 3r., Esq., 2108 Market St., Camp I-fill, Pa 17011 OCT 1 0 2002 MARK ALAN MINNICH, ·IN THE COURT OF COIVIlVION PI.RAS OF App~lla~ 'CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3734 CIVIL COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTA~ON, · Suspension - Chemical Test BUREAU OF DRIVER LICENSING, 'Refusal IN R~: APPeAl, WR~M I,IC~NTg~ RTTgP~NgIf~N ORnl~R 131~ CfIT~RT AND NO~ 2002, by agreement of defense counsel and counsel for PennDot, the period of suspension of one year of I)efendant's operating privileges will commence on Febm~_ry 28, 2003. By the Court, 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 - c~/,]/ ~,~,cn -Mark A. 1Wmnich, 300 Hollar Avenue, Shippemburg, PA 17257 OCT '1 0 200~ · IN THE COURT OF COMMON PI.EAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3734 CIVIL V. COMMONWEALTH OF PENNSYLVANIA, · Appeal of Oporators License DEPARTMENT OF TRANSPORTATION, · Suspension - Chemical Test BUREAU OF DRIVER LICENSING, : ~ Appellee · TO THE PROTHONOTARy: Kindly withdraw the license appeal in the above captioned case. The Parties agree that Appellant's license suspension will be effective February 28, 2003. R~sp~ffully submitted: Patrick F. Lauer, Jr., Esq~e 2108 Market Street, Aztec Building Camp ]-lill, Pennsylvania 17011-4706 ID~ 46430 Tel. (717) 763-1800 Disi~ibution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, River~ont Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 -Mark A~ Nfmnich, 300 Hol!o_r Avenue, Shippenaburg, PA 17257 -Judge George E. Hoffer, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013