HomeMy WebLinkAbout09-4144HOWARD D. LAUFFER,
Appellant
VS.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09 - y/yy ??•
: LICENSE SUSPENSION APPEAL
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE
AND NOW comes the Appellant, Howard D. Lauffer, by and through his attorney, Mark
F. Bayley, and respectfully avers the following:
1. Appellant resides at 940 Pine Road, Carlisle, PA 17013.
2. Appellant received notice, mailed May 22, 2009, stating that as a result of his alleged
chemical test refusal on May 9, 2009, his driving privilege is being suspended for a period of one
year, effective June 26, 2009, at 12:01 a.m. A copy is attached hereto as "Exhibit A".
3. Suspension is improper in that Appellant, impaired by an automobile accident, was not
capable of comprehending implied consent warnings that were proffered and never refused a
chemical test as required for suspension.
WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an
evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the
Vehicle Code
x-02
Date:
Respectfully submitted,
BAYLEY & MANGAN
1P
Mark F. Bayley, Esq ire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID # 87663
HOWARD D. LAUFFER,
Appellant
VS.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 09 -
: LICENSE SUSPENSION APPEAL
ATTORNEY VERIFICATION
MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Howard D. Lauffer,
Appellant in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of
18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities.
o 9r
Date: '
Mark F. Bayley, Esquire
Attorney for Appellant
HOWARD D. LAUFFER, IN THE COURT OF COMMON PLEAS OF
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
VS. . No. 09 -
COMMONWEALTH OF LICENSE SUSPENSION APPEAL
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
CERTIFICATE OF SERVICE
I, Mark F. Bayley, attorney for Appellant, do hereby certify that I this day served a copy
of the forgoing document 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
?4
Mark F. Bayley, Esquire
Attorney for Appellant
Dated:
FILED-t"Jrry?c
OF THE
2009 JUNI 17 PPI 3: 5 7
iDE_
4 ? aV?v
2 2687/
JUN 18 2009 4
HOWARD D. LAUFFER, IN THE COURT OF COMMON PLEAS OF
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
VS. . No. 09 - &,/
COMMONWEALTH OF LICENSE SUSPENSION APPEAL
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
ORDER OF COURT
AND NOW, this day of IV G , 2009, 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 2u day of , 2009, at/vbclock 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 Appellant's appeal is resolved.
By the Co
J.
bution:
PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office
Center, Harrisburg, PA 17104-2516
ayley & Mangan, 17 West South Street, Carlisle, PA 17013
Mark Bayley, Esquire
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2009 JUN 19 Fil 12: 3 :s