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HomeMy WebLinkAbout13-6127 Supreme CodA,74T-e,nnsylvania Con 'tof•ComrnoW Pleas For Prothonotao) Use Only: C �i1;�Go --y ertShi et T � s Docket No: J'I: CUMBERLAND. ,r County 11n J The information collected on this formm is used solely,for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons F-1 Petition h Transfer from Another Jurisdiction D Declaration of Taking E C Lead Plaintiff's Name: Lead Defendants Name: Z MARIANNE J. JACKSON COMMONWEALTH OF PENNSYLVANIA Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? 0 Yes � No O (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes a No Is this an MDJAppeal? E; Yes iX No A Name of PlaintifflAppel]ant's Attorney: PATRICK F. LAUER, JR., ESQUIRE L1 Check here if you have no attorney(are a Self-Represented (Pro Se) Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card O Board of Assessment D Motor Vehicle ❑ Debt Collection:Other Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability 0 Statutory Appeal:Other S D Product Liability(does not include ass tort) ❑ Employment Dispute: mass Discrimination 0 Slander/Libel/Defamation C 0 Other: © Employment Dispute: Other 0 Toning Board T ® Other: I - © Other: O MASS TORT sl Asbestos N 0 Tobacco 0 Toxic Tort-DES D Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment i Common Law/Statutory Arbitration B © Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment + 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute C1 Non-Domestic Relations D Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure:Commercial 0 Quo Warranto E 0 Dental ® Partition 0 Replevin D Legal © Quiet Title 7 Other: Ii- Medical 1J Other: ❑Q Other Professional: Updated 1/1/2011 MARIANNE J. JACKSON, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. - .LSD �� CLU j I COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION _ o BUREAU OF DRIVER LICENSING Appellee r.1 r APPEAL OF OPERATOR'S LICENSE SUSPENSION rr- z AND NOW comes the Appellant, Marianne J. Jackson, by and through her attorneys,the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Marianne J. Jackson, resides at 116 Ellesmere Lane, Mechanicsburg, Pennsylvania 17055. 2. Appellant was arrested for DUI on Friday, August 30, 2013. 3. Appellant has been accused of refusing to submit to a chemical test and was given an Official Notice of Suspension, mailed Tuesday, September 17, 2013. 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 Defendant's driver's license until a hearing has been held. CL Ckt.� 3�31a X303 WHEREFORE, your Appellant respectfully requests Your Honorable Court to grant the Defendant'a supersed as of any suspension until this matter is resolved regarding the underlying conviction of Section 1547. Respectfully submitted, _ Date: ) _ Patrick F. Laber,Jr.,.Esquire Law Offices of Patrick F. Lauer,Jr., LLC 2108 Market Street, Aztec Building Camp Hill,Pennsylvania 17011-4706 1D#46430 Tel. (717) 763-1800 MARIANNE J. JACKSON, :1N 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 DRIVERLICENSING, Appellee ATTORNEY'VERIFICATION. I, Patrick F. Lauer, Jr., Esquire, undersigned counsels forf Appellant, Marianne J. Jackson, hereby verifies and,states that: 1. I am the•attorney for Appellant, Marianne J. Jackson; 2. 1 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 tike 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 1.8 Pa. C.S. 4904,relating to unworn falsification to authorities. Respectfully submitted, Date: (/ Ito Pa ick La er,Jr.,Esquire. Law Offices of Patrick F. Lauer, Jr., LLC •2108 Market.Street,Aztec Building Camp Hill,Pennsylvania 17011-4706 ID#464')0 Tel. (71.7)763-1800 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : SEPTEMBER 17, 2013 MARIANNE J JACKSON WID # 132536739756169 001 116 ELLESMERE LN PROCESSING DATE 09/10/2013 DRIVER LICENSE # 20757500 MECHANICSBURG PA 17055 DATE OF BIRTH 01/23/1965 Dear MS. JACKSON: 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 08/31/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/22/2013 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 1012212013. You may surrender these items before , 10/22/2013, 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 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 132536739756169 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 three (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 P_olice . ._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 Susp'ension/Revocation" . 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 17 , 2013, 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 132536739756169 Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 10/22/2013 . 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 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv . state . pa . us MARIANNE J. JACKSON, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA 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: Pat ck F?,akf.. Jr.' Esquire Law Offices f Patrick F. Lauer, Jr.,LLC 2108 Market Street,Aztec Building Camp Hill,Pennsylvania 17011-4706 ID#46430."Tel.`(717) 763-1800 i MARIANNE J. JACKSON, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PE SYLVANIA V. NO.' � Ct U COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW this day of 2013, 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 174 day of 201 at /� 30 .-a4-n./p.m. in Courtroom No. y 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: CD J. Distribution: Philip Bricknell, Assistant Counsel, Office of Chief Counsel, Riverfront Office Center, 1101 South.Front Street, Third Floor, Harrisburg, PA 17104 Patrick F.Lauer, Jr.,Esquire.,2108 Market Street, Camp Hill,PA 17011 t iEs /Y&t'LeL MARIANNE J. JACKSON, • IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-6127 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • SUSPENSION APPEAL ORDER AND NOW, this 17TH day of January, 2014, the appeal filed in the above- captioned matter is WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED, effective June 1, 2014. BY THE COURT: A /44_ J. Attest: Patrick F. Lauer, Jr., Esq., 2108 Market Street, Aztec Building, Camp Hill, PA 17011 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 071 n2. 415-4Li / /7n