HomeMy WebLinkAbout08-2402BROCK A. LASHER,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08 3 01.1 '
LICENSE SUSPENSION APPEAL
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE
AND NOW comes the Appellant, Brock A. Lasher, by and through his attorney, Karl E.
Rominger, Esquire, and avers the following:
1. Appellant resided at 405 Meadowbrook Road, Carlisle, Pennsylvania 17013.
2. Appellant received Notice dated March 26, 2008, that as a result of his violation on
March 14, 2008, of violating Section 1547 of the Pennsylvania Vehicle Code, Chemical
Test Refusal, his driving privilege was being suspended for a period of one year, effective
April 30, 2008, at 12:01 a.m. A copy is attached hereto as Exhibit "A".
3. The administrative order of the Pennsylvania Department of Transportation suspending
his license is improper.
4. Petitioner believes such suspension is illegal, unjust and improper for reasons which
include, but are not limited to the following:
a. Petitioner is not guilty of the underlying offense;
b. There was no basis to request a chemical test.
WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an
evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the
Vehicle Code.
Respectfully submitted,
Rominger & Associates
Date: April 15, 2008
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Appellant
BROCK A. LASHER,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
: LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that I this day
served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by
depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania,
addressed as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center,
Harrisburg, PA 17104-2516
Respectfully submitted,
Rominger & Associates
Date: April 15, 2008
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Appellant
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BROCK A. LASHER,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
'APR 17 200V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this day of , 2008, upon consideration of this
Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter
shall be held on the 1 a day of , 2008, at q o'clock --4- m.
in Courtroom No, of the Cumberland County Courthouse.
A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time
that this Honorable Court resolves this appeal.
By the Court: '041 ,
J.
Distribution:
?Office of Chief Counsel
PA DEPARTMENT OF TRANSPORTATION
Third Floor, Riverfront Office Center
Harrisburg, Pennsylvania 17104-2516
? Karl E. Rominger, Esquire
ROMINGER & ASSOCIATES
15 5 South Hanover Street
Carlisle, Pennsylvania 17013
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BROCK A. LASHER,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-2402
LICENSE SUSPENSION APPEAL
PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL
TO THE PROTHONOTARY:
Please withdraw the License Suspension Appeal in the above captioned case on behalf of
the Appellant, Brock A. Lasher and kindly cancel the hearing scheduled for June 12, 2008.
Date: June 11, 2008
Respectfully submitted,
ROMINGER & ASSOCIATES
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Appellant
cc. Phillip Bricknell, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
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BROCK A. LASHER, IN THE COURT OF COMMON
Apellant PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA, NO. 08-2402 CIVIL TERM
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
ORDER OF COURT
AND NOW, this /6, TH day of June, 2008 the license suspension which is the subject of
this appeal having been previously removed from Appellant's driving record, the appeal filed in
the above referenced matter is DISMISSED AS MOOT.
BY THE COURT:
Attest:
distribution:
J Karl E. Rominger, Esq., 155 South Hanover Street, Carlisle, PA 17013
hilip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel,
1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516
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