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Home My WebLink About10-2055HIED-TF CE OF TNr F 0 FH0'1;nTARY 2010M R 24 : 10: 44 AMY C. BRITTON,r,1 THE COURT OF COMMON PLEAS OF Appellant i : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 - *OW Oivi l Tern^ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATORS 1,1CF.wcF SUSPENSION AND NOW comes the Appellant, Amy C. Britton, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant resides at 92 Logan Road, Dillsburg, York County, Pennsylvania 17019. 2. The underlying violation that is alleged for this suspension occurred in Cumberland County. 3. The Appellant received a notice dated March 9, 2010, that as a result of her March 1, 2010, conviction of violating § 3362 of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on February 21, 2010, that her driving privilege is suspended for a period of fifty-five (55) days, effective April 13, 2010, at 12:01 a.m. A copy of the Notice is attached as Exhibit 11A.99 4. The Appellant filed a Summary Criminal Conviction Appeal in Cumberland County Court on March 24, 2010 regarding his conviction on March 1, 2010. A copy of the Summary Appeal is attached as Exhibit "B." 5. The 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. 49 a -oo Pp ATrf CO anal U* -.mw 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, Zwi 'ck F. auer, Jr., Esquire ices of Patrick F. Lauer, Jr., LLC 210 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: lailb, ID# 46430 Tel. (717) 763-1800 AMY C. BRITTON, : 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 7 Date: -3 PakLaue' Jr., Esquire La Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel..(717) 763-1800 AMY C. BRITTON, : 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, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Amy C. Britton, hereby verifies and states that: 1. I am the attorney for Appellant, Amy C. Britton; 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 unsworn falsification to authorities. Date: Z Law vrnces or raMCK r. Lauer, Jr., LLU 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ?,? b; ? ? ,? , ??.3/23/2010 0S: 03 3015043460 PSC PACE 02/0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 09, 2010 AMY C BRITTOIN WID * 100619283973631 001 92 LOGAN ROAD PROCESSING DATE 03/02/2010 DRIVER LICENSE * 21207441 DILLSSURG PA 17019 DATE OF BIRTH 06/08/1966 As a result of yuor conviction of violating section 3362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 03/01/2010, 5 points have been assigned to your record. Your total point accumulation is 11 paints. Since your point record shows an accumulation of 11 points, a sanction of 55 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, learneP is permit and/or temporary driver's license (camera care)) In your possession me dater than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DLlfiLC 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 _._.. - __. .Si: a t e- ?o.l ,?.c.e .r_ p c o se c u t a n_u n dec. S.E C3 I O.K 1571.C a )..C4 )._. o f .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, o-r a letter acknowledoTing your, sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGFMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 13 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD] SERVING THIS SANCTION. The effectivQ date of suspension Is 04/13/2010, 12:01 a,m. 031:31' 207.0 09: 03 3015043460 PSC PAGE 03/b3 100619283573631 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 most follow those instructions very carefully in order t0' have your driving privilege restored. You have the right to appeal this action to the Court of 1,'ommon pleas (Civil Division) within 30 days of the mail date, MARCH 09, 2010, of this letter. tf you file an appeal in the county court, the Court W11.1 give you a time-stamped certified copy of the 8ppeal. In order for your aPPeal to be vali.dr you must send this time-stamped certified copy of the appeal by' certified trail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburgr PA 17104-2516 Sincerely r Janet L. Dolan? Director Bureau of Driver L.icensino INF09NATY01 (8-00 0 Ta 'b:00 RM)_. Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Bode 69693 TDO IN STATE 1-800-228-0676 Harrisburgr PA 17106-8693 )'DD OUT-OF-STATE 717-412-5380 ?J`? 16 E7),c it, f I IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Amy C. Britton 92 Logan Road Dillsbur • PA Zip 17019 Signature Name and Address of Magisterial District Judge: Honorable CHarles A. CLement, Jr. 400 Bridge Street, Suite 3 New Cumberland PA Zip 17070 Magisterial District No. 09-1-01 Decision of Magisterial District Judge: Pled guilty Date of Decision 03/01/2010 Offense(s) Appealed . Speeding Name and mailing address of officer as shown on citation or complaint Officer Matthew C 1 a yG 2233 Gettysburg Road Camp Hill PA 17011 If sentence includes fine and costs, amount of which paid: $ 187_50 Type or amount of bail furnished to Magisterial District judge, if any: Name and Address Magisterial District Judge Docket No. TR- 4 9 7 -1 0 Citation No. B 74615376 (signature) (print name)/Patti ck F 2108 Market Street (address) Camp Hill PA Zip 17011 Phone: 763-1800 Atty.I.D.# 46430 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result on your driver's license being suspended, you my have the Clerk of Courts certify a copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter. Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013 717-240-6250 WHITE - Clerk of Courts GREEN -Affiant's Copy YELLOW - District Judge CLERK OF COURTS PINK - District Attorney GOLD - Defendant MAR 2 5 2010 AMY C. BRITTON, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 9.055 C?v i l `Ferx COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension T+ BUREAU OF DRIVER LICENSING, Appellee ORDER OF C'011RT AND NOW this 1 day of b LL 2010, 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 1164 day of X20 O , C° u . rn . at-Aft;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: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 trick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 3 aL?ca ,mot