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Home My WebLink About11-8771 TE RESA S. BAER, Appellant COURT OF COMMON PLEAS OF RLAND COUNTY, PENNSYLVANIA AWE ?y V. NO. 1- 8?7 C (V i COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW comes the Appellant, Teresa S. Baer, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Teresa S. Baer, resides at 1045 Breathwater Road, Camp Hill, PA 17011. 2. Appellant was arrested for DUI on October 4, 2011. 3. Appellant has been accused of refusing to submit to a chemical test and was given an Official Notice of Suspension, mailed October 24, 2011, see Exhibit A, Official Notice of Suspension. 4. Appellant denies she refused to submit to a chemical test. 5. Appellant submits the police officer lacked a reasonable suspicion to believe Appellant was under the influence of alcohol. 6. Appellant did not exhibit signs of intoxication. 7. Appellant's actions did not constitute a refusal to submit a chemical test. 8. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of her license until a hearing has been held. arm ?'? • od ?J Crc.# i8a? - ? LD WHEREFORE, your Appellant respectfully requests your Honorable Court to grant her a supersedeas of any suspension until this matter is resolved regarding the underlying conviction of Section 1547. Date. i Respectfully submitted, Pa 'c F. L uer, 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 TERESA S. BAER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ATTORNEY VERIFICATION I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Teresa S. Baer, hereby verifies and states that: 1. I am the attorney for Appellant, Teresa S. Baer; 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. Respectfully submitted, Date: I& &(.I I ) INN Pa 'c auer, Jr., Esquire La ffices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2011 TERESA SUE BAER WID * 112906032807746 001 1045 BRENTWATER RD PROCESSING DATE 10/17/2011 DRIVER LICENSE # 21091738 CAMP HILL PA 17011 DATE OF BIRTH 12/24/1964 Dear MS. BAER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/04/2011: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/28/2011 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 11/28/2011. You may surrender these items before, 11/28/2011, 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 $13.50. You must present two (2) forms of proper identification (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 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: 112906032807746 Pennsylvania Department of Transportation 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 confirming the date that credit began. If you do not receive 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 products, 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. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 112906032807746 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 24, 2011, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/28/2011. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TOO OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us TERESA S. BAER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee CERTIFICATE OF SERVICE 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: Philip Bricknell, Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street, Third Floor Harrisburg, PA 17104 Respectfully submitted, Date: 1 V F. Lauer, Jr., Esquire P t,VwOffices of Patrick F. Lauer, Jr., LLC 2 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 TERESA S. BAER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-8771 Civil COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, : SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this r day of"February 2012, upon consideration of the Appellant's Motion for Continuance, the Motion is hereby &01 The case is continued until the 16`h day of April, 2012, at 9:00 o'clock A.M. BY THE COURT: 100? r-- 9 T' > Distribution: ? Philip Bricknell, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 dopde'S r?+?.'Ircl if?i TERESA S. BAER, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 11-8771 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 16th day of April, 2012, after hearing, the action of the Department is sustained and the appeal is dismissed. By the Court, Edward E. Guido, J. Philip M. Bricknell, For the Appellee Patrick F. Lauer, Jr For the Appellant :lfh Esquire , Esquire . <3 oc? ?? s ca C.-) ?