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Home My WebLink About95-04809 .', '..' .'''"''","''''" ".~, COMMONWEALTH OF PBNNSYLVANIA . IN THB COURT OF COMMON PLBAS or PBNNSYLVANIA DBPARTMENT . CUMBBRLAND COUNTY, PBNNSYLVANIA OF TRANSPORTATION . BURBAU OF DRIVBR LICENSING, . APPBLLBB . I n. . NO. 95-4809 civil Term . SBAN DONALD HARPER, . APPBLLANT I PRAlCIPB TO DISMISS TO THB PROTHONOTARY. Please dismi.s and mark the above-captioned Appe.l .. withdrawn. r Datelf-((-9 ) Cf;J:c:L ~~rick F. Lauer, Jr., I.quire 2108 Market Street, Aztec Building Camp Hill, Penn.ylvania 17011-4706 10' 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA PBNNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICBNSING, APPELLEE IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA VB. NO. 95-4809 Civil Term .1 SBAN DONALD HARPER, II APPBLLANT I I , I I I I I CBRTIFlCATB OF SIRYICI I hereby certify that I am this day Berving a copy of the foregoing Appeal upon the person, and in the manner, indicated below, which Bervice BatisfieB the requirements of the Pennsylvania RuleB of Civil Procedure, by depoBiting a copy of the same with the United Statee POBt Office at Camp Hill, Penneylvania, through fint class mail, prepaid and addreeeed as followBI Attnl Matthew Heckler Pennsylvania Department Room 103 11 Transportation , Safety HarriBburg, PA 17120 of Transportation , I , I Ii 9- ~ 9 )/ !I Datel - I, I Building ~ (2~{\ ~1 J CL\.voil Patrick F. Lauer, Jr., Bequire 2108 Market Street, Aztec Building Camp Hill, PennBylvania 17011 10. 46430 Telephone (717) 763-1800 CONMONWBALTH OF PBNNSYLVANIA I PBNNSYLVANIA DBPARTMBNT I OF TRANSPORTATION I BURBAU OF DRIVBR LICBNSING, I APPELLBB I I ve. I I SHAN DONALD HARPBR, I APPBLLANT I IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA NO. qs- -If a- d 1 ew..J 7J. ORDBR OP COURT AND NOW, thie _____ day of , 1995, baeed upon Appellant'e Appeal, a Hearing ehall be held on day of , 1995, in Courtroom 1--- at o'clock ___. m. at the Cumberland County Courthouee. Thie Appeal ehall act ae a eupereedeae of any euepeneion or revocation of Appellant'e licenee pending the hearing. J. Date I I , \. " Ii I COMMONWBALTH OF PBNNSYLVANIA I PBNNSYLVANIA DBPARTMBNT I or TRANSPORTATION ' BURBAU OF DRIVER LICBNSING, i i APPBLLEB I II Ii 'I !i " Ii II II I I IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PENNSYLVANIA SBAN DONALD HARPBR, APPBLLANT 1 1 1 1 1 1 1 1 1 1 NO. vs. IIO'1'ICB or APPBAL 1. Appellant, Sean Donald Harper, iu an adult individual who currently resides at the 611 Hagaro Road, Bnola, Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Pennsylvania, Pennsylvania Depart_nt i jj II of Transportation, Bureau of Driver Licensing, Harrisburg, Dauphin II Ii Ii II ii ,; ji I: !l II County, Pennsylvania 17123, is a state agency. 3. Your Appellant was arrested for allegedly operating hi. motor vehicle while Driving Under the Influence on April 23, 1995, at 0128 hours by Patrolman Brick J. Coleman of the Silver springe Township Police Department. 4. Your Appellant was convicted on July 7, 1995, for allegedly violating Section 3731 of the Vehicle Code, Driving Under the Influence, for which he received a penalty suspending his driver'. license for a period of one year. 5. Your Appellant waB notified on or about AUgUBt 10, 1995, that his licenBe waB being BUBpended for an additional period of one year for allegedly refuBing a blood teBt, which would go into effect AUgUBt 10, 1995 at 12101 a.m. A true and correct copy of the Notice iB attached at Exhibit "A." ,...'{.<'c, ",..", 6. Your Appellant etatee that hh conetitutional righte ware violated. 1. Your Appellent aleo etatee that hie conetitutional righte protect hi. from being eubjected to double jeopardy. WHIRBFORB, your Appellant rl'epectfully requeeta your Honorable Court to grant hi. a hearing and deny the Commonwealth'e requeet that hie licenee be euepended and your Honorable Court to etay any and all euepeneione. Reepectfully eubmitted, ~ Patrick F. Lauer, Jr., lequire 2108 Market Street, A tec Buildinv Camp Hill, Penneylvan a 11011-4106 IDt 46430 Tel. (717) 763-1800 Date. -1//if '.'-,.",., ....... CONHOHWBALTH OF PBNNSYLVANIA , IN THB COURT OF COMMON PLIAS or PBNHSYLVANIA DIPARTHBNT ,CUKBBRLAND COUNTY, PINHSYLVANIA or TRANSPORTATION , BURBAU OF DRIVlR LICINSING, , APPBLLBI , , v.. , NO. , SIAN DONALD BARPBR, , APPBLLANT , CBll'1'lrlCA'1'II or SDVICB I hereby certity that I am thi. day ..rving a copy of the foregoing App.al upon the penon and in the IIUlnn.r indicat.d b.low, which .ervic. .atieU.. the r.quir....nt. of the P.nneylvania Rul.. of Criminal proc.dur., by depo.iting a copy of the .... in the unit.d Stat.. Camp Hill, p.nn.ylv.nia, through fir.t cla.. c.rtified lIUlil, pr.paid .nd .ddr....d a. follow., P.nn.ylvania Depart..nt of Traneport.tion RODII 103 Tr.n.portation . Saf.ty Building Barri.burg, PA 17120 Datal 1f/ff Patrick F. Lau.r, Jr., B. 210B Mark.t Street, Azt.c uilding Camp Hill, P.nn.ylvania 17011-.706 ID' .6.30 T.l. (717) 763-1BOO COHMONWBALTH OF PBNNSYLVANIA PBNNSYLVANIA DBPARTMBNT OF TRANSPORTATION BUREAU OF DRIVBR LICBNSING, I APPBLLBB II il " I i IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA SBAN DONALD BARPBR, APPBLLANT I I I I I I I I I I NO. v.. A'l"l'ORRBY VBRIFICATIOH The under.igned, Patrick F. Lauer, Jr., BBquire, hereby verifies and Btates thatl 1. He i. the attorney for .aid Appellant, Sean Donald Harper. 2. He iB authorized to make this verification on hi. behalf, 3. The faot. Bet forth in the foregoing Appeal arB known to him and not nBce..arily to hi. client, 4. The fact. set forth in the foregoing Appeal are true and correct to the be.t of hiB knowledge, information and belief, and 5. He i. aware that false Btatement. herein are made .ubject to the penaltieB of 18 Pa. C.S. 5 4904, relating to un.worn fal.ification to authorities. ReBpectfully .ubmitted, Date I 9/7111 Patrick F. Lauer, Jr., . 2108 Market Street, Azte uilding Camp Hill, PennBylvania 7011-4706 10' 46430 Tel. (717) 763-1800 . --.& COHHONWEALTH OF PENNSVLVANIA DEPARTHENT OF TRANSPORTATION Bureau of Driver Licensing Harr1sbury, PA 17123 AUGUST 10, 1995 stAN DONALD HARPtR ~11 MAGARO ROAD ~5213a~15DDDD7? 001 D6/D3/l~~5 222~16~7 lD/1~/1~7D tNOLA PA 17025 LICENSE IN BUREAU Dear Hotoristl Aa a result of your conviction on 07/25/1995 of violating Slction 3731 of the Vehicle Code, DRIVING UNDER INFLUENCE on 04/23/1995. your driving privilege is being SUSPENDED for a plriod of I VEAR(S) al mandated by Section 1532B of the Ve- hicle Code. Effective Date of Suspension I 08/10/1995, 12101 a.m. The above mentioned sanction is in addition to any pre- viously issued 5anction(s). You will be notified of any outstanding restoration re- quirements RPproximatelY 30 days before the eligibility date of the rlstorltion of your driving privilege. Vou must fol- low thosl instructions very carefully in order to have your driving privilege r.estorld, -.-,. ;.;~ 962158415000077 ~ You hava the right to appeal the Department'l action to the Court of Co~~un PlODS (Civil Division) within 30 dlYs of the me1l date (AUGUST 10, 1995) of this notice. P~IAII NOTI that this Civil Appeal is in addition to any appeal you hlvl to fUe from the crilllinel conviction.' You must follow the in- structions lhted below according to your individual situ- ation I 1. PENNSYLVANIA RISIDINT If you ara a rasidant of Pennsylvania, you must file an appeal with the Court of Com- mon Pleas in the County of your residence. Sending a copy of the appeal which yOU filed with the Court, to the Depart- lIIent, will postpone the Department's action pending. final decision by the Court if the appeal was filed within the re- qUired 30 days. However, it your privilege to operata I commarcial motor vehicle has bun DIIQUALIFIID, a signed lupersedeal by the judge mu.t accompany your appeal. a. NDN-RIIIDINT - If yoU are not a re.ident of Penn,Y1vania, YOU .Ult file an appeal with the Court of Com.on Ple.s in the PennsYlvania County where the violation occurred. Sending a cOpy of the appeal which you fUed with the Court I to the Depart.ent , will postpone the Department'. action pending a final decilion by the Court if the appeal was filed within the required so days. THI APPIAL MUIT II SINT IV CERTIFIED MAIL TOI PINNsYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNIIL ROOM lOS, TRANSPORTATION' IAFITY BUILDING HARRISBURG, PAt 17120 Uncarely, ..-;, ~ L -K:'-r-~ -- , Dougla. K. Tobin, Director Bureau of Drivor LicenSing