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Home My WebLink About07-5648STEPHANIE A. BREIGHNER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 9 7- COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee AND NOW comes the Appellant, Stephanie A. Breighner, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: I. Appellant resides at 4630 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The underlying violation that is alleged for this suspension occurred in Lancaster County. 3. Appellant received a notice dated September 12, 2007, that as a result of her conviction of violating § 3362 of the Vehicle Code, Exceeding Maximum Speed on 9/04/2007, 4 points have been assigned to her record. Since her point record shows an accumulation of 13 points, a sanction of 195 days is hereby imposed as mandated by Section 1539 of the Vehicle Code. A copy of the Notice is attached as Exhibit "A." 4. Appellant filed a timely Summary Criminal Conviction Appeal in Lancaster County Court regarding her conviction on September 4, 2007, and is awaiting a hearing date. 5. Appellant submits that there has not been a final disposition of her appeal and that she would be unduly prejudiced if the suspension were to be imposed at this time. 6. There was insufficient evidence to convict the Appellant. 7. The Appellant denies she committed the offense. r? WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to reverse the Department's Order to suspend her Pennsylvania operating privileges. Respectfully submitted, ,,4 arlin? kley, Esquire Law Office of Patrick F. Lauer, Jr., LLC 2108 Marke Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: September 26, 2007 ID# 84745 Tel. (717) 763-1800 t, '4?, ? I+ IN THE COURT OF COMMON PLEAS, COUNTY OF.IAN.CASTER ................................. Notice of Appeal from Summary Criminal Conviction D ?,5 Z? 007 . D te efendant: Name and Address of . .. :... a . Stephanie Breighner ................................................................. Issuing Authority Docket No..... A- 1.743-0.7 ................ ..... .6.30....S.Outh...C1-ear` d.ew.... Dr•-ive ....................... ... Citation No...... ...0.104.1.69.-2.................................... Camp Hill PA ....................1..................................... ZIP....... 1.70.1.1 ............ 022-05 Magisterial District No.............-................................................ Appeal from sentence of..l.( .................. .............................................. ...................................................................................................................................... 413 00 Offense(s) of which convicted Date of Sentence : r - S eedin 75 section 3362 ............... .................................................................................. g . .... ........ ..... ........... .... .. ... !. ........ ............-... ... .................:........:.... : . .. . . . . .............................................................................................................................. ............. .... . .... . . ................................................................... .... Name and mailing address of affiant as shown on citation If sentence includes fine and costs, amount of which paid: $163.00 or complaint ...`..ro.o.per... James ...B.... assFbcacht.... ............................................................................................................................ 21 Spr...ngh.....ou...e .... Road ........................................ ... i............s.............. . . . ype or amount of bail furnished to issuing authority, if any: Ephrata, PA 17522 )ENTIFICATION No. ATZnDKIC N d dd f ? ?tS544 44 Name and address of issuing authority: ame an ress o a Attorney for Defends .honorabl:e...David...E......Br.i.are ............................. (signature)............................. ............ ................................................. 399 Camp Meeting Road ................................. (Print name).Marli L. Markley, Esquire ................ . . .... Landisville1 PA 17538 ..... ZIP ..................-... .........................•---........................................ (street) 2108 Market St Phone.763-1800 ..................................................... 717-898-2511 Phone ...................................... Camp Hill, PA 17011 (address)........ .......................................................... ZIP .................................... NOTICE TO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify this copy and mail to the following address: Penn. Dept. of Transportation PO Box 60037 Harrisburg, PA 17106 I hereby certify that an appeal has been filed in the above captioned matter AOPC 415-80 CLERK OF COURT CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 SEPTEMBER 12, 2007 STEPHANIE ANN BREIGHNER WID # 072489283312330 001 4630;S CLEARVIEW DR PROCESSING DATE 09/05/2007 DRIVER LICENSE # 27011216 CAMP HILL PA 17011 DATE OF BIRTH 01/14/1985 Dear Motorist: As a result of your conviction of violating section 3362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 09/04/2007, 4 points have been assigned to your record. Your total point accumulation is 13 points. Since your point record shows an accumulation of 13 points, a sanction of 195 DAY(S) is hereby imposed as mandated by Section 1539 of the Vehicle Code. 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 no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution ender SECTION' 1571 (a) (4) of the Vehicle 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, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, 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 10/17/2007, 12:01 a.m. 072489283312330 Please see the enclosed application for restoration fee information. You will be notified of any outstanding restoration requirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 12, 2007, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified 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, 9?_U ?-- - Z g O'k) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TOO OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 STEPHANIE A. BREIGHNER, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Stephanie A. Breighner, hereby verifies and states that: 1. I am the attorney for Appellant, Stephanie A. Breighner; 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 unworn falsification to authorities. Respectfully submitted, /l 4arlin L.1 1 , Esq. Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: September 26, 2007 ID# 84745 Tel. (717) 763-1800 STEPHANIE A. BREIGHNER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee 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, Marlin L. Esq. Law Off es Itreet, rick F. Lauer, Jr., LLC 2108 Market Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: September 26, 2007 ID# 84745 Tel. (717) 763-1800 W W 3 O SEP 2 8 2007 0Y STEPHANIE A. BREIGHNER, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. b7- 5&4:9 Ni 1 Ternl COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee ORDF,R OF C.0I1RT AND NOW this day of 6Q? 2007, 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 _? '761_ day of 9W at 9'f,30 anti./p.m. in Courtroom No. - a of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. YA tribution: Dept. of Transportation, Office of Chief Counsel, Harrisburg, PA 17104 -Marlin L. Markley, Esq..X08 Market Street, Camp Hill Third Floor, Riverfront Office Center, A 17011 J ?6 ,j 07" LL. d :- STEPHANIE A. BREIGHNER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5648 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW this day of 2007, the hearing on the APPEAL OF OPERATORS LICENSE SUSPENSION scheduled for Thursday, December 27, 2007 at 2:30 p.m. is hereby rescheduled to Monday, April 14, 2008 at 1:30 p.m. in Co*oom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that i this honorable court resolves this appeal. J. ;,KA Dept. of Transportation, Office of Chief Counsel, Third Floor, River&ont Harrisburg, PA 17194 -Marlin L. Markley, Esq. 08 Market Street, Camp Hill, PA 17011 Center, VNVA dN3d kiNnc.,, elr43W ca I w cI 3 ?lt?lt)N1?fl??11? :10 STEPHANIE A. BREIGHNER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5648 Civil Term COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee TO THE PROTHONOTARY: Kindly withdraw the appeal of operator's license suspension that was filed on September 27, 2007, for the above-captioned case. The Parties agree that a license suspension appeal hearing is no longer needed. Marlin L. ey, Esquire Law Offices fTatrick F. Lauer, Jr., LLC 2108 Market treet, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: March 14, 2008 Distribution: -PA Dept. of Transportation, Office of Chief Counsel, George H. Kabusk, Esq., Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -Stephanie A. Breighner, 4630 South Clearview Drive, Camp Hill, PA 17011 -Judge Edgar B. Bayley, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 c :?., ?; !? ?.:? 1? _ f ??? v? ? ;?? ?? ? ? ><?J ? +R? -,ter -?g C3