MIDDLE - Judiciary of Pennsylvania · MIDDLE Dated: January 29, 2013 hahnon jrprow Chief Depu y District Attorney ... Dauphin CO Da's Office Address: Front & Market Sts Fl 2 429 Fourth

1111•101011111111111•1111111111111111111111.10111101.111

196 MDA 2013

Received In Superior Court

FEB 01 2013

MIDDLE

RECEIVED OFF ICE OF

CLERK OF CQUM

2013JAN 29 PH 14: 13

Hni COUNTY PENNA

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS

: DAUPHIN COUNTY, PENNSYLVANIA

: NO. CP-22-CR-0002191-2010

: OTN: K 967693-6

: IN THE SUPERIOR COURT OF

: PENNSYLVANIA, MIDDLE DISTRICT

JASON SCHILDT,

Defendant : NO. MDA 2013

NOTICE OF APPEAL

Notice is hereby given that the Commonwealth appeals to the Superior

Court of Pennsylvania from the order entered on December 31, 2012, by the Honorable

Lawrence F. Clark, Jr., Judge, Dauphin County Court of Common Pleas, granting

defendant's motion to quash. This appeal includes cases joined in the motion to quash,

a copy of which is attached herein. The undersigned hereby certifies in good faith that

the order in question will terminate or substantially handicap the prosecution in the

above-captioned matter.

This Order has been reduced to judgment and entered in the docket as

evidenced by the attached copy of the docke entry.

Docketed in Superior Court

FEB - 1 2013

MIDDLE

Dated: January 29, 2013

hahnon jrprow

Chief Depu y District Attorney

Dauphin County Court House

Front and Market Streets

Harrisburg, Pennsylvania 17101

(717) 780-6767

1.D. No. 84292

Attorney for the Commonwealth

COURT OF COMMON PLEAS OF DAUPHIN COUNTY

Cross Court Docket Nos: CR-0000030-10

Judge Assigned: Clark, Lawrence F. Jr.

OTN: K9676936

Initial Issuing Authority: David H Judy

Arresting Agency: Harrisburg Psp

Case Local Number Type(s1

Case Status: Active Status Date

06/30/2010

06/25/2010

06/18/2010

05/21/2010

05/12/2010

05/10/2010

Case Calendar Event Schedule Start

Type_ Start Date Time

Formal Arraignment 06/03/2010 8:30 am

DUI Court

DUI Court

Bench Trial

Review Hearing

08/18/2010 8:30 am

10/20/2010 8:30 am

01/05/2011 8:30 am

02/10/2011 10:00 am

Pre-Trial Hearing 11/28/2011 10:00 am

Review Hearing

Review Hearing

Review Hearing

Review Hearing

04/16/2012 10:00 am

04/19/2012 10:00 am

04/23/2012 10:00 am

04/24/2012 9:00 am

• Docket Number: CP-22-CR-0002191-2010

CRIMINAL DOCKET

Court Case

Commonwealth of Pennsylvania

V.

Jason Richard Schildt

CASE4NFORMATION •

Date Filed: 05/10/2010 Initiation Date: 01/21/2010

Lower Court Docket No: CR-0000030-10

Final Issuing Authority: David Judy

Arresting Officer: Baluh, Jeremy S.

Case Local Numberts)

voo.—, • STAT MATION

Processing Status

Awaiting Pre-Trial Conference

Warrant Lifted

Awaiting Formal Arraignment

Awaiting Pre-Trial Conference

Awaiting Formal Arraignment

Awaiting Filing of Information

CALENDAR EVENTS

Room Judge Name

Jury Assembly

Room

Courtroom 8

Video Conference

Room

Video Conference

Room

Page 1 of 9

Comolaint Date: 01/21/2010

Certified: A True Copy

JAN 21-4 201'3

Judge John F. Cherry

Judge Lawrence F. Clark Jr.






-fadule

Status

Scheduled

Moved

Cancelled

Scheduled

Scheduled

Scheduled

Scheduled

Scheduled

Scheduled

Scheduled

ACiPC 9082 - Rev 01/29.12013 Printed: 01/29/2013

Recent entries made in the court tiling offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial

System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability fbrfnaccurate or delayed

data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can

only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record

Information Act may be subject to civil liability as set forth in 18 Pa.G.S. Section 9183.


Date Of Birth:

Alias Name

Schildt, Jason R.

Participant Tyre

Defend ant

SchiIdt, Jason Richard

Bail Action

Set

OCKET

Docket Number: CP-22-CR-0002191-2010

CRIIVHNAL DOCKET

Court Case


V.


DEFENDANT INFORMATION

City/State/Zip: Elizabethtown, PA 17022

CASE PARTICIPANTS

Name

Schildt, Jason Richard

Date Bail Type

05/06/2010 ROR

RMATI ON

Percentage Amount

Page 2 of 9

Nebbia Status: None

Bail Posting Status posting Date

05/06/2010

$0.00

Posted

CHARGES

5ea. Orig Sea. Grade Statute Statute Description

1 2 M 75 § 3802 RC* DUI: Highest Rte of Alc (BAC .16+) 1st

Off

75 § 3802 §§A1* DUI: Gen imp/Inc of Driving Safely - 1st

Off

75 § 3309 §§1 Disregard Traffic Lane (Single)

Offense Dt. OTN

01/1612010 K9676936

01/16/2010 K9676936

01/16/2010 K9676936

AOPC 9082 - Rev 01/29/2013 Printed: 0112912013

Recent entries made in the court Ring offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial

System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed

data, emit or omisslopeart these reports. Docket Sheet information should not be used in place of a criminal history background check which can


Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.


COMMONWEALTH INFORMATION

Name: Joel Richard Hogentogler

District Attorney

Supreme Court No: 306539

Phone Number(s):

1:71f,


CRIMINAL DOCKET

Court Case


V.


AtTORN8YINPORIVIATION

Name: Michael Sherman

Private


Rep. Status: Active

Phone Numberis):

Address:

Dauphin CO Da's Office Address:

Front & Market Sts Fl 2 429 Fourth Ave Ste 1002

Harrisburg PA 17101 Pittsburgh PA 15219

Representing: Schildt, Jason Richard

Name: Meredith Ann Taylor

District Attorney


Phone Number(s):

(717) 780-6747 (Phone)

(717) 255-1396 (Fax)

Address:

Front & Market Streets

Harrisburg PA 17101

ENT-ggS

Sequence Number CP Filed Date Document Date Filed By

1 05/10/2010 Court of Common Pleas - Dauphin

County

Original Papers Received from Lower Court

Page 3 of 9

1 05/21/2010

Entry of Appearance/David Hoover, Esq.

Hoover, David Matthew

2 05/21/2010

Waiver of Appearance at Arraignment

1 06/16/2010

Bench Warrant Issued


Curcillo, Deborah Essis

1 06/18/2010 District Attorney

Information Filed

AOPC 9082 - Rev 0112912013 Printed: 01129/2013

Recent entries male in the court filing offfras.may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial







CRIMINAL DOCKET

Court Case


V.


NTRS



Commonwealth's Motion To Lift Bench Warrant

(Comm/Bienk/DA)

1 06/25/2010

Order Granting Motion to Lift Bench Warrant

Bench Warrant Lifted and Bail Reinstated. Dist. 6/28/10

2 06/25/2010

Order Lifting Bench Warrant




Arraigned

1 08/18/2010

Continued to 10/20/10

Page 4 of 9

Evans, Scott A.

1 08/27/2010 Hoover, David Matthew

Motion to Quash Criminal Information to Wit: The Charge of 18 PA.C.S.A. 3802 (C) Driving Under the

Motion to Quash Criminal Information to Wit: The Charge of 18 PA.C.S.A. 3802 (C) Driving Under the influence-Highest

Rate of Alcohol as the Commwealth is Using Evidentiary Breath Testing Devices that Cannot Scientifically Prove the

Quantification for Values Above 0.15 and as Such Cannot Prove an Essential Element of the Crime Charged Due to this

Inability to Quantify Values Outside of the Demonstrated Linear Dynamic Range

1 09/01/2010

Order Scheduling Hearing

Bench trial scheduled for 1/5/11 at 9 am. Dist. 9/1/10

1 09/16/2010

Motion for Pre-Trial Conference

1 09/22/2010

Order Denying Motion for Pretrial Conference

Dist. 9/22/10

Cherry, John F.


Cherry, John F.

1 12/16/2010 Cherry, John F.

Order - Judge Cherry has recused hismseif from this case

It will given to the president Judge to reassign to another member of court. Dist. 12/16/10

AOPC 9082 - Rev 01/2912013 Printed: 0112912013

Recent entries made in the court filing offices may not be immediately reflected on these docket sheets Neither The courts of the Unified Judicial


data, errors or omissions on These reports. Docket Sheet information should not be used in place of a criminal history background check which can





CRIMINAL DOCKET

Court Case


V.


ENTRIP


1 01/20/2011


Pre-hearing conference scheduled for 2/10/11 at 10 am. Dist. 1/20/11

Page 5 of 9

Clark, Lawrence F. Jr.

1 01/27/2011 Taylor, Meredith Ann

Commonwealth's Motion Requesting Defendants Experts Prepare and Disclose Reports

(Comm/M. Taylor/DA)

1 02/03/2011 Clark, Lawrence F. Jr.

Order - Justin McShane, Esq. to show cause

Justin McShane, Esq. to show cause why Comm.'s motion should not be granted. Rule returnable 2/8111 by noon.

Dist. 2/3/11

2 02/04/2011 Hoover, David Matthew

Motion to Compel

(Def/McShane/Priv)

1 02/08/2011

Answer to the Court's Order to Show Cause

(Def/McShane/Priv)



Order - Defendant Shall Prepare a Full Expert Report

Def. shall serve the Court and the Comm. with such reports within 60 days of this order. Upon being served the Comm .

shall do the same. Dist. 2/14/11

1 04/07/2011

Motion to Extend Timely Filing of Expert Reports



Order Granting Motion for Extension of Time

Def. shall have until 4/30/11 to furnish expert reports. Comm. will then have 60 days to respond filing its expert reports ,

if any. Dist. 4/19/11

1 06/30/2011

Commonwealth's Motion To Extend Filing of Expert Reports

(Comm/Taylor/DA)

District Attorney

AOPC 9082 - Rev 0112912013 Printed: 0112912013

Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the unified Judicial






Sequence Number CP Filed Date

DOcKET '


V.


--'101*FIV

Document Date


CRIMINAL DOCKET

Court Case

Page 6 of 9

Filed By

1 07/01/2011

Order Granting Commonwealth's Motion to Extend Filing of Expert Reports

Commonwealth shall provide reports by 8/1111. Dist 7/1/11


1 08/02/2011

Commonwealth's Second Motion to Extend Filing of Expert Reports

1 08/03/2011

Order Granting Motion to Extend Filing of Expert Reports

Comm. shall provide reports as previously required to def. by 9/1/11. Dist. 8/3/11

1 11/21/2011


Status conference scheduled for 11/28/11 at 10 am. Dist. 11/21/11

Taylor, Meredith Ann




Commonwealth's Motion to Disqualify The McShane Firm

Commonwealth's Motion to Disqualify The McShane Firm, Attorney Justin McShane and Attorney David Hoover

Pursuant to Rules of Professional Conduct 1.7 and 1.9, filed.

(Comm/Taylor/DA)

2 02/03/2012



Evidentiary hearing based on a pre-trial challenge filed on behalf of the class of defendants in the case shall be held on

4/16/12 at 10 am., 4/19/12 at 10 am„ 4/23/12 at 10 am. and 4/24/12 at 9 am. It is the understanding of the court that

the defense shall present its evidence on the first 3 days of hearing and Comm. shall present its evidence on the final

day of hearing. Dist. 2/3/12

1 02/09/2012

Co-counsel-Justin J. Ketchel, Esq.

Attorney

1 02/14/2012

Order - Commonwealth's Motion is Rendered Merot

Since Attorney Justin McShane has removed himself from representation of the defendant Dist. 2/14/12


AOPC 9082 - Rev 0112912013 Printed; 01/29/2013

Recent entries made in the court filing offices may not be Immediately reflected on these docket sheets . Neither the courts of the Unified Judicial



only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal Ilistory Record



DOCKET


2 02/14/2012

Petition to Withdraw as Counsel


V.


ENTRIES

Document Date

1 02/15/2012

Order Granting Motion to Withdraw Counsel

David Hoover, Esq. withdraws as counsel. Dist. 2/16/12

1 04/12/2012


CRIMINAL DOCKET

Court Case

Page 7 of 9

Filed Bv



District Attorney

Comm. Mot. for Certificate to Command the Presence of Material Witness from Comm. of Kentucky

(Comm/Sprow/DA)


Order - Granting Certificate Issued Pursuant To The Uniform Act To Secure The Attendance Of

Granting Certificate Issued Pursuant To The Uniform Act To Secure The Attendance Of Witnesses From Within Or

Without A State In Criminal Proceedings. Dist 04/12/12

1 05/22/2012

Motion for Extension of Time

(gomm/Sprow/DA)

1

2

District Attorney

05/23/2012 Court of Common Pleas - Dauphin

County

Transcript of Proceedings -Evidentiary Hearing 4/16112

05/23/2012 Court of Common Pleas - Dauphin

County

Transcript of Proceedings -Evidentiary Hearing 4/19/12


County

Transcript of Proceedings -Evidentiary Hearing 4/23/12


County

Transerrptint*titte•dings -Evidentiary Hearing 4124/12

AOPC 9082 - Rev 0112912013 Printed: 08/2912013

Recent entries made in the court filing offices may not be immediately reflected on these docket sheets Neither the courts of the Unified Judicial







06/12/2012

Order Granting Motion for Extension of Time

Proposed findings, conclusions, and memorandum of law for both parties shall be filed on 07/20/12. Dist 06/12/12


V.


Document Date


CRIMINAL DOCKET

Court Case

Filed By


1 07/20/2012

Commonwealth's Memorandum of Law in Opposition to Defense's Motion to Quash

(Comm/Sprow/DA)

2 07/20/2012

Memorandum of Law and Proposed Findings of Fact

(Def/Auriemrna&McShane/Priv)

1

District Attorney

Attorney

07/30/2012 District Attorney

Commonwealth's Response To Defendants Memorandum of Law and Proposed Findings of Fact

(Comm/Sprow/DA)

Page 8 of 9

2 07/30/2012 Attorney

Defendant's Reply to Commonwealth's Memorandum

(Def/Auriemma&McShane/Priv) Response to the Commonwealth's Memorandum of Law filed with the court on July 20,

2012.


Memorandum Opinion

Dist 12-31-12


Order Granting Motion to Quash

This grant of relief shall also accrue to all cases which have been joined for disposition on the same or similar issues .

Dist 12-31-12

AOPC 9092 - Rev 01/2912013 Printed: 01/29/2013

Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial


data, errors or omissions on these reports, Docket Sheet information should not be used in place of a criminal history background check which can

only be provided by the Pennsylvania Stale Police. Moreover an employer who does not comply with the provisions of the Criminal History Record

information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.

COURT OF COMMON PLEAS OF DAUPHIN-COUNTY

acktr

Last Payment Date:

Schildt, Jason Richard

Defendant

Costs/Fees

Certification Fee (Dauphin)

Sheriff Warrant Fee (Dauphin)

Witness Fee (Dauphin)

Witness Fee (Dauphin)

Copies (Dauphin)

01/11/2013

5)?'


CRIMINAL DOCKET

Court Case

Page 9 of 9

Total of Last Payment: $67.50

Assessment Paiments Adjustments Non Monetary Total

Payments


V.


ASE:ML 1,6k INFORMATION

$10.00 $0.00 $0.00 $0.00 $10.00

$9.00 $0.00 $0.00 $0.00 $9.00

$13.40 $0.00 $0.00 $0.00 $13.40

$13.40 $0.00 $0.00 $0.00 $13.40

$67.50 -$67.50 $0.00 $0.00 $0.00

Costs/Fees Totals: $113.30 -$67.50 $0.00 $0.00 $45.80

Grand Totals: $113.30 -$67.50 $0.00 $0.00 $45,80

** - Indicates assessment is subrogated

APPC 9082 - Rev 01129/2013 Printed: 01/29/2013

Recent entries made in the Court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial





COMMONWEALTH OF PENNSYLVANIA •

▪

IN THE COURT OF COMMON PLEAS

• DAUPHIN COUNTY, PENNSYLVANIA

v. •

- JASON RICHARD SCHILDT •

▪

NO. 2191 CR 2010

ORDER

AND NOW, to wit, this 31st day of December, 2012, in

conjunction with the Court's Opinion filed of even date, IT IS

HEREBY ORDERED that the Defendant's Motion to Quash is GRANTED.

This grant of relief shall also accrue to all cases which have

been joined for disposition on the same or similar issues.'

Separate Orders shall be prepared for each known joined case,

and the Court's Opinion filed of even date is hereby

incorporated into those other proceedings as well.

BY THE COURT:

awrence Judge

Severaltrimiriatt'ase§-Were originally attached and joined in Defendant's Motion to Quash. Since the

filing of said Motion, more cases have joined Defendant's Motion to Quash and are awaiting the

outcome of the Court's ruling herein. A listing of those presently known joined cases is attached hereto,

and marked as Appendix "A," but such listing may, in fact, be incomplete due to an indexing and clerical

anomaly in the Clerk of Court's Office. However, this writing and the holdings herein are intended to

accrue to all cases which are listed or should have been listed on Appendix "A," notwithstanding those

administrative difficulties.

Distribution & Appearances:

For the Primary Defendant: Justin J. McShane, Esquire, The

McShane Firm, LLC, 4807 Jonestown Road, Suite 148,

Harrisburg, PA 17109

For the Conjoined Defendants: The Office of the Public Defender

of Dauphin County, Second Floor, Dauphin County

Administration Building, Harrisburg, PA 17101

/For the Commonwealth: The Office of the District Attorney of

Dauphin County, Second Floor, Dauphin County Courthouse,

Harrisburg, Pennsylvania 17101

Court Administration — Criminal

Nativa P. Wood, Chief Court Reporter

FILE

APPENDIX A

Commonweath vs, Docket #

Taylor Scot Zercher

Laquana Sakima Myrick

Marion Daniel Nicklow

Joshua Wayne McClearn

Joshua Wayne McClearn

Trinidad Jose-Manuel Lopez, III

Steven Edward Shank

David W. Styer

David W. Styer

Richard Edward Shade

Charles Robert Jamison

Guy Wilber Weikert

Charles Ford, III

Charles Ford

Adam Lee Williamson

Larry Lee Grove

William Gatling, Jr.

Michael Ivan Muretic

Ryan M. May

2139 CR 2008

709 CR 2010

846 CR 2010

975 CR 2010

4500 CR 2010

1065 CR 2010

1652 CR 2010

2200 CR 2010

4998 CR 2010

2599 CR 2010

2601 CR 2010

3856 CR 2010

4259 CR 2010

2410 CR 2010

4531 CR 2010

5511 CR 2010

1940 CR 2011

3335 CR 2011

4535 CR 2011

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS

: DAUPHIN COUNTY, PENNSYLVANIA

: NO. CP-22-CR-0002191-2010

vs. : OTN: K 967693-6

: IN THE SUPERIOR COURT OF

: PENNSYLVANIA, MIDDLE DISTRICT

JASON SCH1LDT,

Defendant : NO. MDA 2013

CERTIFICATE OF SERVICE

I hereby certify that I am this day serving the foregoing Notice of Appeal

upon the persons and in the manner indicated below, which service satisfies the

requirements of Pa.R.App.P. 121:

Service by personal delivery as follows:

Honorable Lawrence F. Clark, Jr.

Dauphin County Court House



Dauphin County Court Administrator

Dauphin County Courthouse

101 Market Street


Native Wood, Court Reporter

Dauphin County Court Reporters



Office of the Public Defender

2 South 2nd Street


Service by first class mail addressed as follows:

Justin McShane, Esquire

4807 Jonestown Road, Suite 148


hannon K. Spr

Chief Deputy District Attorney

Dauphin County Courthouse



(717) 780-6767

I.D. No. 84292

Dated: January 29, 2U13

Documents

MIDDLE - Judiciary of Pennsylvania · MIDDLE Dated: January 29, 2013 hahnon jrprow Chief Depu y District Attorney ... Dauphin CO Da's Office Address: Front & Market Sts Fl 2 429 Fourth