HomeMy WebLinkAbout95-04843
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COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 85- ',r V :'J CIVIL TERM
APPEAL FROM SUSPENSION
VI.
DAVID P. WAGNER,
Defendlnt/Petltloner
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AND now this _( ~
.
, 1995, upon consideration
day 01
of the foregoing Petition for Appeal from the Orde of the Director of the Bureau of Driver
Ucenslng, Department of Transportation, suspending temporary privileges of David P. Wagner, and
on the Motion of Carol J. Undsay, Esquire, attorney for David P. Wagner, a hearing Is granted de
novo to determine whether the Petitioner Is subject to suspension of his operating privileges.
This Appeal shall act as a supersedeas of the suspension.
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A hearing set for the (J 7 day of l,tfo Iuv, 1995, In Court Room No.
~ '1 at the Cumberland County Court House in Carlisle, Pennsylvania at I tJ.. P?J o'clock
A~.M.
By the Court,
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VI.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 85- 'If'l,) CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA
DAVID P. WAGNER,
Defendant/Petitioner
APPEAL FROM SUSPENSION
NOW comes David P. Wagner, by and through his counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows:
1. Petitioner resides at 350 Carlisle Road, Newville, Cumberland County, Pennsylvania.
2. Petitioner Is duly licensed driver of motor vehicles with an Operator's License No.
19326426.
3. On August 8, 1995, the Director of the Bureau of Driver Licensing suspended
Petitioner's operating privileges effective September 12, 1995 under authority of Section 1547 of
the Vehicle Code.
4. The said Order Is Illegal, arbitrary, unreasonable and an abusive discretion In contrary
to law In that the Petitioner did not give a valid refusal to chemical testing.
WHEREFORE, Petitioner prays this Honorable Court to allow this Appeal, and to hold a
hearing de novo to determine whether Petitioner Is subject to suspension of operating privileges,
.
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and that upon conclusion thereof, the Order of the Director of Driver Licensing be vacated, and
the Appeal sustained.
FLOWER, MOROENTHAL FLOWER. LINDSAY, P.C.
Attorn'VI for Dlf.ndlnt/p.tltlonlr
By: Ia'ifg €~r~~dSaY, Esquire
ID I 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Date: 1/lI/tj~
2
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. o:\......"..pl Rio' 4111."-01
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 85. 'I r'l J CIVIL TERM
VI.
DAVID P. WAGNER,
Defendant/Petitioner
APPEAL FROM SUSPENSION
~
AND now, this II day Of"~J/r'17I.H~, 1995, I, Carol J. Lindsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Petition for Appeal from the Order of the Director of the Bureau of Driver
Licensing, Suspending Operating Privileges this day by depositing same In the United States Mall,
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Douglas K. Tobin, Director
Bureau of Driver Licensing
Commonwealth of Pennsylvania
Department of Transportation
Harrisburg, PA 17123
FLOWER, MORGENTHAL FLOWER. LINDSAY
Attorn'YI for O.f.ndant/p.tltloner
By:
arol J. Lindsay, Esquire
-ID I 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
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