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Home My WebLink About04-1163RITA M. BROMI.EY, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. ~ : NO.: COMMONWEALTH OF PENNSYLVANIA: DE]PARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee : Appeal of Operator's License Suspension APPEAL Ol? I,IfTE. N~E ~ITRPI~,NglON AND NOW comes the Appellant, Rita M. Bromley, by and through her attomoys, Marlin L. Markl~y of the Law O~ices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant resides at 302 Shughart Avenue, Bo'fling Springs, Cumberland County, Pennsylvania 17007. 2. The Appellant r~c~ived a Notice dated March 5, 2004, that as a result of her alleged violation of Velaicle Code Section 1547, Chmnical Test Refusal, her driving privileges were being suspended for a period of one year, effe~ive suspension date April 9, 2004, at 12:01 a.m. A tree and correct copy of the Notice is attached as Exhibit "A." 3. The Appellant submits that the police officer lacked a reasonable basis to re<luest 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 evidentimy hearing on the matter. Law Office: of Patrick F. I_aug, Jr., LLC 2108 Market SWeet, Aztec Building Camp Hill, Pennsylvania 170114706 II~ 84745 Tel. (717) 763-1800 R1TA M. BROMI.F~Y, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appeal of Operator's License Suspension Appellee ATTORNEY VE, R I FICATII~N I, Marlin L. Marldey, Esquire, undersigned counsel for Appellant, Rita M. Bromely, hereby verifies and states that: 1. I am the attorney for Appellant, Rita A~ Bromley; 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 mae and correct to the best of my knowledge, information and beli~ and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Law'Offides of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp I-rill, Pennsylvania 17011-4706 II~ 84745 Tel. (717) 763-1800 RITA M. BROMI.F.Y, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : Appeal of Operator's License Suspension 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 I-tall, Pennsylvania, through first class mail, certified, remm receipt requested, postage paid and addressed as follows: Pennsylvania Depmment of Transportation Office of Chief Counsel Third Floor, River~ont Office Center Harrisburg, PA 17104 Law Offices of Patrick F. Laner, Jr., LLC 2108 Market Street, Aztec Building Camp I-fill, Pennsylvania 17011-4706 ID~ 84745 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF TRANSPORTATION Bureau of Driver LicenSing Mail Date= MARCH 05, 2004 RITA M BROMLEY 302 SHUGHART AVE BOILING SPGS PA 17007 WID # 040586117226235 001 PROCESSING DATE 02/27/2004 DRIVER LICENSE e 16621985 DATE OF BIRTH 03/31/1950 This is an Offlclal Notice of the Suspension of your Driving Privilege as authorized by Section 1547 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 01/23/2004z Your driving privilege is SUSPENDED fop a YEAR(S) effective 0q/09/2004 at 12:0! a.m. WARNING= If you are convicted of driving while your license is suspended/revoked the Penalties wil1 be a MINIMUM of 90 days imprisonment AND a 91,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM I year period COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, Iearner's permits, · temporary driver's licenses (camera cards) in your possession on or before 04/09/2004. You may surrender these items before, 04/09/2004, for earlier credit; however, you may not drive after these items are s'urrendered. YOU HAY NOT RETAZN YOUR DRZVER'S PURPOSES. However, YOU may apply for and obtain a identification card at any Driver License Center for of. 410.00. You must present two (2) forms of identification (e.g., birth certificate, valid passport, marriage certificate, etc,) in order to your photo identification card. LZCENSE FOR ZDENTZFZCATZON photo a cost proper UoSo obtain You wtll not receive credlt toward sepvtng any until we pecelve your 11cense(s). Complete the steps to acknowledge this suspension° suspension following 0~5B&117226255 Return all current Pennsylvania driver"s licenses, learner~s permits and/or camera cards to PennDOTo [f you do not have any of these items, send a sworn notarized 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 Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-B69~ 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 confirming the date that credit began. If you do not receive a receipt from us within 5 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 lettero If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(~) 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 privileged To pay your restoration fee, complete the following steps: I, Return the enclosed AppIication for Restoration, The amount due is listed on the appiication, 2, Write your driver~s Iicense number (listed on the first page) on the check or money order to ensure proper credit. $., Follow the payment and mailing instructions on the back of the application. 040586117226255 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mai! date, MARCH 05, 200~, of this letter. Zf you ft[e an appea[ in the County Coupt, the coupt wt[[ give you a time-stamped cePttfled copy of the apPea[. 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 ............. Off!~e of Chie.~ ~punse! Third Floor, RiverfrJA~ O~f~g Cent~ Harrisburg~ PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return ali current Pennsylvania driver license products to PennDOT by 0~/09/200~. Sincerely, Rebecca L, Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 o.m. IN STATE 1-800-952-4600 TDD IN STATE OUT-OF-STATE 717-59~-6190 TOD OUT-OF-STATE WEB SITE ADDRESS ww~.dot.state.pa.us 1-800-228-0676 717-~91-6191 t'IAR 2 2 200 RITA M. BROMI,~y, Appellant V. ; COMMONWEALTH OF PENNSYLVANIA: NO.: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Appeal of Operator's License Su '~ spellSluss ANDNOWthis ~JV~ dayof .~[~¢/~ 2004, upon ~d~on of · e ~t~ ~PE~ OF OP~TO~ LIC~SE SUSP~SION, it is h~eby ord~ ~t a he~g ~ be held reg~g t~s ~er at on ~e ~'~y of ~~ 20~ at ~" }~a.m.?PD' ~ Co~oom No. ~ of~e C~¢gl~d Co~, Co~ou~, Cg~fle, Pem~lvma. A supersede, as is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., Law Offices of Patrick F. Lauer, Jr., LLC, 2108 Market St., Camp Hill, Pa 17011 ,',Lb'J. ONOH~O~Jd BILl. RITA M. BROMLEY, Appellant V cOMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TP~ANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA : : NO. 04-1163 CIVIL TERM : Appeal of Operator's License : Suspension IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, June 2, 2004, upon agreement of counsel, the hearing scheduled in the above-captioned matter for today's date is hereby continued to Monday, August 2, 2004, at 10:00 a.m. in Courtroom Number 3, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M/~arlin L. Markley, Esquire 2108 Market Street Camp Hill, Pa. 17011 For the Appellant ~/eorge Kabusk, Esquire Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pa. 17104 For the Appellee :mtf RITA M. BROMLEY Appellant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 04-1163 CIVIL TERM COMMONWEALTH OF PA - DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee I_NN RE: HEARIN~G CONTINUED~ O.~RDER OF COURT AND NOW, July 12, 2004, the hearing scheduled in the above matter for August 2, 2004, is continued to Wednesday, September 29, 2004, at 10:00 a.m. By thE; Court, George Kabusk, Esquire Pa. Dept. of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street Camp Hill, PA 17011 R1TA M. BROMLEY, Appellant : IN THE COURT OF COMMON PLEA~F~,~, CUMBERLAND COUNTY, PENNSY bY ~u'q u* v. : NO.: 04-1]t63 CIVILTERM COMMONWEALTH OF PENNSYLVANIA,.: PENNSYLVANIA DEPARTMENT ' LICENSE SUSPENSION APPEAL OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : Appellee : p_RAECIPE TO WIT}IBRAW APPEAl, OF OPE~R~ATOR~ 1 .ICF, N~F, ~Ii,qPF,N,qlON TO THE PROTHONOTARY: Kindly withdraw the license suspension appeal in~ the above captioned case. Respectfully sub,~tted: 2108 Mar~ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (1717) 763-1800 Distribution: -PA Dept. of Transportation, Office of Chief Counsel, George Kabusk, Esq., Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hil]t, PA 17011 -Honorable George E. Hoffer, President Judge, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013