HomeMy WebLinkAbout03-0088IRA IRVIN NELSON
Appellant
V. :
COMMONWEALTH OF PENNSYLVANIA,:
PENNSYLVANIA DEPARTMENT :
OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSENG,
Appellee :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND~COUNTY, PENNSYLVANIA
NO.:
LICENSE SUSPENSION
: APPEAL
APPE Al, FROM SI ISPEN~ION OF OPERA TOR'S PRIVII ,EGF,
AND NOW, comes thc Appellant, Ira Irvin Nelson, by and through his attorneys, the Law Offices of
Patrick F. Lauer, Sr., Esquire, respectfully avers the following:
1. Appellant resides at 165 Condoguinet Court, Country Manor Estates, Newvillc, Cumberland
County, Pennsylvania 17241.
2. Thc Appellant received a Notice dated December 25, 2002, that as a result of his alleged violation of
Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege were being suspended for a period of
one year, effective suspension date January 29, 2003, at 12:01 a.m. A true and correct copy of the Notice is
attached as Exhibit "A.'
3. The 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.
Date: [/~/{'-~
5. The Appellant submits his actions did not constitute a refusal.
Wherefore, your Appellant respectfully requests your Honorable Court to schedule an evidentiary
hearing on the matter.
Respe~ly submitted, y ~
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
1RA IRVIN NELSON
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.:
COMMONWEALTH OF PENNSYLVANIA,:
PENNSYLVANIA DEPARTMENT :
OF TRANSPORTATION, : LICENSE SUSPENSION
BUREAU OF DRIVER LICENSING, : APPEAL
Appellee :
ATTORNi~.V VERIFICATIObJ
The undersigned, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that:
1. He is the attorney for the Appellant, Ira Irvin Nelson;
2. He is authorized to make this verification on his behalf;
3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client;
4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge,
information and belief;
5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904,
relating to unsworn falsification to authorities.
Date:
Respectfully submitted,
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
1D# 46430 Tel. (717) 763-1800
IRA IRVIN NELSON
Appellant
Vo
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.:
COMMONWEALTH OF PENNSYLVANIA,:
PENNSYLVANIA DEPARTMENT :
OF TRANSPORTATION, : LICENSE SUSPENSION
BUREAU OF DR/VER LICENSING, : APPEAL
Appellee :
CERTII~'ICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the
manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by depositing a copy of the same in the United States Camp Hill, Pennsylvania, through first class
certified mail, prepaid and addressed as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfi-ont Office Center
Harrisburg, PA 17104
Date:_
Respectfully submitted,
atrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
NELSON, IRA IRVIN,
Appellant
COMMONWEALTH OF PENNSYLVANIAi: NO.:
PENNSYLVANIA DEPARTMENT ·
OF TRANSPORTATION, .
BUREAU OF DRIVER LICENSING, ·
Appellee .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C .OUNTY, PENNSYLVANIA
LICENSE SUSPENSION
APPEAL
ORI~ER OF COIIRT
AND NOW, this_ / ~.~F-6' day of. 5~e~//~z~ 2003, upon consideration of this
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the
matter shall be held on /-/O~ day of ~/C~OA~__~' 2003, at _ 9; C~ 63
in Courtroom No. ¢ _ of the Cumberland County Courthouse.
A supersedeas is granted pursuant to Vehicle Code Section
honorable court resolves this appeal.
_o'clock
1550(b)(1) until such time that this
BY THE COURT:
Distribution:
t/-PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center,
Harrisburg, PA 17104
fi-Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011
NELSON, IRA IRVIN,
Appellant
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2003-88 Civil Term
COMMONWEALTH OF PENNSYLVANIA,:
PENNSYLVANIA DEPARTMENT :
OF TRANSPORTATION, :
BUREAU OF DRIVER. LICENSING, :
Appellee :
LICENSE SUSPENSION
APPEAL
AND NOW, this ,~ /" day of ,r'o~,~4 2003, upon consideration of
Appellant's request for continuance of LICENSE SUSPENSION APPEAL HEARING scheduled for
April 4, 2003 at 9:30 a. rrL, it is hereby Ordered that the hearing be rescheduled for Thursday, April 17,
2003 at 1:30 p.m. in Courtroom #4 of'the Cumberland County Courthouse.
BY THE COURT:
Distribution:
-George Kabusk, Esq., Office of Chief Counsel, Third Floor, Riverfrom Office Center, Harrisburg, PA
17104
-PatrickF. Lauer, Jr., Esq., 2108 Market St., Camp I-rall, Pa 17011 ~-~-Ira I. Nelson, 165 CME, Newville, PA 17241
NELSON, IRA IRVIN,
Appellant
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
V.
:
COMMONWEALTH OF PENNSYLVANIA,:
PENNSYLVANIA DEPARTMENT :
OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
Appellee :
NO.: 2003-88 Civil Term
LICENSE SUSPENSION
APPEAL
PRAEC. IPE TO WITI-II}RAW
TO THE PROTHONOTARY:
Kindly withdraw the LICENSE SUSPENSION APPEAL in the above-captioned action. A
hearing was scheduled for April 17, 2003 at 1:30 PM in Courtroom #4 of the Cumberland County
Courthouse. The parties have agreed that a license suspension will be effective July 30, 2003.
Date:
Respectfully submitted,
trick F Lauer, Jr, Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
Distribution:
-PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Pdverfi:ont Office Center,
Harrisburg, PA 17104
-Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011
-Ira Irvin Nelson, 165 CME, Newville, PA 17241
-Judge Kevin A. Hess, Cumberland County Courthouse, One Courthouse
Square, Carlisle, PA 17013