The URL can be used to link to this page

Home My WebLink About01-2157 DAVID LEE SHAFFER, ' IN THE COURT OF COMMON PLEAS OF Appellant · CUMBERLAND COUNTY, PENNSYLVANIA · COMMONW~TH OF PENNSYLVANIA, · Appeal of Operators License DEPARTI~NT OF TRJ~SPORTATION, : Suspension- Chemical Test BUREAU OF DRIVER LICENSING, · Refusal Appellee · 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, Cumberland County, Pennsylvania 17070. 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. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, Patrick 2108 Market Street, Aztec Building ~//~/~ Camp Hill, Pennsylvania 17011_4706 Date._ ? _ ID# 46430 Tel. (717) 763-1800 DAVID LEE SHAFFER, ApPellant ' IN THE COURT OF COMMON PLEAS OF ~ CUMBERIJhND COUNTY, PENNSYLVANIA · v. ' NO. ... · COMMOn'TH OF PENNSYLVANIA, : Appeal of Operators License DEPARTMENT OF TRANSPORTATION, ' Suspension_ Chemical Test BUREAU OF DRIVER LICENSING ' Refusal ... Appel 1 ee ' .! ATTORNEy VERIFICATION I Patrick F. Lauer, Jr. Esquire, undersigned counsel for . .. ' ApPellant, David Lee Shaffer, hereby verifies and states that · , ?i 1 I am the attorney for ApPellant, David Lee Sha ffer; 2. I am authorized to make this verification on my client,s · i 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, ·, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date. ID# 46430 Tel. (717) 763-1800 ,, I DAVID LEE SHAFFER, ' IN THE COURT OF COMMON PLEAS OF ~ppellant · CUMBERED COUNTY, PERNSYLVANIA · lXlOo COMMOn--TH OF PENNSYLVANIA, · Appeal of Operators License DEPART~NT OF TI:~SPORTATION, · Suspension- Chemical Test BUREAU OF DRIVER LICENSING, · Refusal Appellee · C~.RTIFICA~ 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 of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date' ~/ ~{/~ '/ ! Exhibit A CONNONWEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION .... Bureau of DPivep Licensing .... HarPisbuPg~ PA 17123 .... HARCH 20, 200! .... DAVID LEE SHAFFER .... 010726117326467 001 111 BUNKER HILL ROAD 03/13/2001 26130014 NEW CUMBERLAND PA 17070 08/21/1982 Dear Notorist~ . .. .... . . As a re~"ui[' of.your Vi°l-at~'on of Section 15q7 of the Vehicle Code, CHEH'ICAL TEST REFUSAL on 05/05/2001, your driving privilege is being SUSPENDED for a per/od of 1 YEAR(S). In order to comply W/th 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 possess/on n.o later, than the effective .date listed If you cannot COmplY ~1th the requirements stated 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 pr~vi- l"ege. Failure to comply ~th this notice shall result this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION i571(a)(q) of the Ve- hicle. Code. Although the law mandates that your driving privilege Under suspension even if you do not surrender your license, Cpedlt ~ill not begin until all' current driver.s license , product(s), the DL16LC Form, o'r a letter acknowledging your s'anction is received in this Bureau. HHEN THE DEPARTHENT RECEIVES YOUR L~CENSE OR ACKNOHLEDGE- NENT, HE HILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT HITHIN 15 DAYS CONTACT THE DEPARTHENT IHHEDIATELY OTHERWISE, YOU ~ILL NOT BE GIVEN CREDIT TOHARD SERVING THIS _SANCTION. · The e~ectlve date o~ suspension Is Oq/2q/2001~ 12:0! ~ARN[NG. [f you J l~cense is suspended, the penalt' - J ' are convicted for driving while your J of 90 zes w~ll be I ~ays imprisonment AND a · ..... : a NININUN I ~icense - - be .,uuu tzne AND y ur ~~~~~ ....... WIll suspended for o 010726117326~67 Please see the enclosed application for restoration fee ~n format/on. _ ~PPEAL You have the r~ght to appeal th~s action to the Court of Co~on Pleas (C~v~l D~v~s~on) ~th~n ~ da~s of the ~a~l date, HARCH 20~ 2001, of this letter. Zf You fiZe an appeal tn the County cou~t, the Cou~t ~111 give you a time-stamped certified copy of the appeaZ. In order for your appeal to be valid, ~ou must send this time-stamped cert./f/ed copy of the appeal b~ certified mail to: Pennsylvania Department of Transportation Off/ce of Chief Counse! Th/rd Floor, Riverfront Off/ce Center Harrisburg, PA 1710~-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/L~CENSE/DL-16LC/TO= ~NFORHAT~ON (7=00 AH TO 9=00 Department of Transportation ~N STATE 1-800-952-~600 Bureau of DriVer Licensing OUT-OF-STATE P.O. Box 68695 717-591-6190 TDD IN STATE 1-800-228-06 76 HarrisburD, PA 17106-869~ TDD OUT-OF-STATE 717-~91-6191 DAVID LEE SHAFFER, .. ApPellant ' IN THE COURT OF COMMON PLEAS OF ~ ~ CUMBERLAND COUNTY, PENNSYLV~IA : COMMOn'TH OF PENNSYLVANZA, ' Appeal of Operators License DEPARTMENT OF TRANSPORTATION, ' Suspension _ Chemical Test BUREAU OF DRIVER LICENSING, ' Refusal Appel 1 e e · ORDER OF COURT. AND NOW this ~ day of ~~~,~~ ----------___ 2001, Upon consideration of the Within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matt"er at on the ~~__~ day of ~ a~m./p.m, in Courtroom No ~ ~ 2001 at /.' (;6; ' of the Cumberland County Courthouse, Carlisle, Pennsylvania. A SUpersedeas is granted pursuant to Vehicle Code Sect on 1550(b) (1) until such time that this honorable court resolves this appeal. BY THE J Distribution. -PA Dept. of Transportation, Office of Chief Counsel, Third Floor Riverfront Office Center, Harrisburg, PA 17104 · -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 DAVID LEE SHAFFER, · IN THE COURT OF COMMON PLEAS OF Appellant · 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 QRDER OF COURT AND NOW, this 20th day of June, 2001, the Defendant havin~ withdrawn his appeal, the action of the department in suspendin~ 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 be~in the suspension period. By the Court, Edward E. Guido, J. Marlin n. Markley, Esquire Attorney for Appellant George Kabusk, Esquire ~~~/~ Attorney for Appellee ars