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Home My WebLink About08-0006AMANDA LAUREN ALLEY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION APPF,AI. OF OPERATOR'S I.IC'F,NSF, SITSPFNSInN AND NOW, comes the Appellant, Amanda Lauren Alley, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: 1. Appellant resides at 6902 Clubhouse Court, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Appellant received a Notice dated December 6, 2007, that as a result of her alleged violation of Vehicle Code Section 1547, Chemical Test Refusal on November 24, 2007, her driving privilege were being suspended for a period of (1) one year, effective suspension date January 10, 2008, 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 she did not intelligently and voluntarily refuse to submit to a chemical test. 5. The Appellant submits her actions did not constitute a refusal. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. t ly submitt , Pa ck F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: \ ID# 46430 Tel. (717) 763-1800 AMANDA LAUREN ALLEY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Amanda Lauren Alley, hereby verifies and states that: 1. I am the attorney for Appellant, Amanda Lauren Alley; 2. I am authorized to make this verification on my client's behalf; 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, Date: , ?'- ?' ?q? Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 06, 2007 AMANDA LAUREN ALLEY WID # 073336128688489 001 6902 CLUBHOUSE CT PROCESSING DATE 11/29/2007 DRIVER LICENSE t 26986487 HARRISBURG PA 17111 DATE OF BIRTH 02/22/1984 Dear MS. ALLEY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 11/24/2007: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/10/2008 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 01/10/2008. You may surrender these items before, 01/10/2008, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order, to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation 073336128688489 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 06, 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 certi- fied 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 01/10/2008. V 073336128688489 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 ,m, IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1-800-228-0676 WEB SITE ADDRESS www.dmv.state. a.us 717'412-5380 AMANDA LAUREN ALLEY, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATOR'S LICENSE SUSPENSION I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's License Suspension 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, -i 11 V I - IVV\-/ Patrick F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: V ID# 46430 Tel. (717) 763-1800 O 7, ,T a 0 -r C 7 ?r? y T L JAN 03 Z00$u?„ 9" AMANDA LAUREN ALLEY, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08 O(o C iv?l Tex" COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF OPERATOR'S LICENSE Appellee SUSPENSION AND NOW this 6-M day of (:If &,MdAAd 906 "Ir, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the dM day of J'-h-?L acro 8 at a.m./ in Courtroom No. 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. BY THE COURT: J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 (20 ///760 G V :21 r'J L i ? r'f X011 no: AMANDA LAUREN ALLEY, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-06 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER APPEAL OF OPERATOR'S LICENSE SUSPENSION LICENSING, Appellee ORDER AND NOW, this 2 Y` day of April, 2008, following hearing and careful consideration of the testimony adduced, the within appeal of operator's license suspension is DENIED. atrick F. Lauer, Jr., Esquire For the Appellant ,/hilip M. Bricknell, Esquire For PennDOT :rlm A a i BY THE COURT, ?? ?-?? ?? _`'? ..