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Home My WebLink About01-2157 FX :;', Al;i"'!l'f~,~~~'1~'11'!lI'!lf 'i DAVID LEE SHAFFER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. () 1- ;;. 1 j~7 Cb:..i I.u.- v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, David Lee Shaffer, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., and respectfully avers the following: 1. Appellant resides at 111 Bunker Hill Road, New Cumberland, i I. Cumberland County, Pennsylvania 17070. I, 'I II; II I' II I 2. The Appellant received a notice dated March 20, 2001 that, as a result of his alleged violation of Pennsylvania Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege was being suspended for a period of one year, effective suspension date April 24, 2001, 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. 5. The Appellant submits his actions did not constitute a refusal. , if',_, !I WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, Date: '-IJq/OI I I Patrick F. TI er, r., Esquire 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 .I i I' DAVID LEE SHAFFER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension - Chemical Test Refusal ATTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, David Lee Shaffer, hereby verifies and states that: 1. I am the attorney for Appellant, David Lee Shaffer; 2. I am authorized to make this verification on my client's behalf ; 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 true and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa: C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date:~ fl./ Pa rick F. Lauer Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ::'t-;r-'\Wcl~'1' ~,17il<J I WU6W1fl' DAVID LEE SHAFFER, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension - Chemical Test Refusal CERTIFICATE OF SERVICE 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 Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department Office of Chief Counsel Third Floor, Riverfront Harrisburg, PA 17104 of Transportation Office Center Date:~ Respectfully submitted, (jJ J;! r:- V Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Ha"rrisburg, PA 17123 MARCH 20, 2001 DAVID LEE SHAFFER 111 BUNKER HILL ROAD NEW CUMBERLAND PA 17070 010726117326467 001 03/13/2001 26130014 08/21/1982 Dear Motorist: . "-'- .,. As a" result. of your violation of Section 1547 of the Vehicle C.ode, CHEMICAL TEST REFUSAL on 03/03/2001, your driving privilege is being SUSPENDED for a period of 1 YEAR(S). In order to comply with this sanction YOU are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession rio' later than the. eff!!ctivedClte..listed. If you cannot . ,,' '. - ,- ' - . comp'!"y; with the requirements s"ta"te"d a"bove, yOU are required to submit a DL16LC Form or a sworn affidavit stating that yoU are aware of the sanction against your driving privi- rege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle.Code. Although the law mandates that your driving privilege is under suspension even if yoU do not surrender your license, Credit will not begin until all. current driver's license product(s), the DL16LC Form, o"r a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE 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 TOWARD SERVING THIS SANCTION. The effective date of suspension is 04/24/2001. 12:01 a.m. *********************************************************** I WARNING: If yOU are convicted for driving while your I license is suspended, the penalties will be: a MINIMUM I of 90 days imprisonment AND a 1,000 fine AND your I license will be suspended for 1 year. I *********************************************************** -~'~~~_O~_~F~'~...,l" ~,.. ~. ' . 1- ~ r-' 010726117326467 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 20, 2001, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified COpy of .th~ appeal. In order for your appeal to be valid, you musE send this time-stamped certif~ed copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Sincerely, ~~\~ Rebecca L. BickleY, Director Bureau of Driver Licens~ng SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE I~~~.~~~. ~~ ~ , , -I. AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ^., , -f; tV ;,1 ~j },_,,_--:: '. ~;1'~ ~ _.11:1 ~"', ,:i,<l.l, . . " .'::}' DAVID LEE SHAFFER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. C>1-J.IS7 (!t'U:(t~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License S~spension - Chemical Test Refusal ORDER OF COURT AND NOW this /i-tIJ day of /'t/'/l.,'/ 2001, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the J.() M 2001 at Ut.,UIl.. day of S _./p.m. in Courtroom No. /:00 Courthouse, Carlisle, Pennsylvania. of the Cumberland County A supersedeas is granted pursuant to Vehicle Code Section 1550(b) (1) until such time that this honorable court resolves this appeal. J. w..'~d V, '"/ c.~L/.J .0 I "RK5 -PA Dept. of Transportation, Office of Chief Counsel, Third Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa Distribution: Floor, 17011 /}" '. ,,"~ t"'t .... """'-~:,'.~ , .::....., '--'", DAVID LEE SHAFFER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2157 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL IN RE: APPEAL WITHDRAWN ORDER OF COURT AND NOW, this 20th day of June, 2001, the Defendant having withdrawn his appeal, the action of the department in suspending his license for violation of Section 1547 of the Vehicle Code is reinstated. The Defendant is directed to surrender his license to counsel for the Commonwealth, Department of Transportation, immediately, to begin the suspension period. By the Court, Edward E. Guido, J. Marlin L. Markley, Esquire - ~ ~ Attorney for Appellant George Kabusk, Esquire - &/_ ~ ~~ ~d. ,_ _ Lit Attorney for Appellee -~~ ~ v-~ srs "'""""''''~'''~''''-''' .~""'"',~ " "T 1- ~ ., M _ 1"0' ;,-, - ~.""~~\,~.,