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Home My WebLink About14-4800Supreme Cour -+of;Pennsylvania Cour ofCommonn Pleas Cavil eSheet CUINBERLANb"p County 410,21/ For Prothonotary Use Only: 2Nt1f� s/. 11n Docket No: 1 LI, int.) The information collected on this form 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. S E C T I 0 N A Commencement of Action: Petition Declaration of Taking * Complaint J Writ of Summons ' Transfer from Another Jurisdiction LIQ Lead Plaintiff's Name: BROOKE A. HOUSTON Lead Defendant's Name: COMMONWEALTH OF PENNSYLVANIA Dollar Amount Requested: b within arbitration limits Are money damages requested?. Yes . No (check one) I outside arbitration limits . Is this a Class Action Suit? it Yes MI No Is this an MDJAppeal? U Yes No Name of Plaintiff/Appellant's Attorney:: PATRICK F. LAUER, JR., ESQUIRE a Self -Represented [Pro Se] Litigant) II* Check here if you have no attornev.:(are S E C T I 0 N Nature of the Case: 'Place an "?X" to the left of the ONE case category that most accurately describes your -- - PRIMARYCASE.. If youare making more than one type of claim, check the one that you consider most important.. TORT (do not include Mass Tort) a Intentional . 0. Malicious Prosecution . 0 Motor Vehicle ® Nuisance . . 0 Premises Liability' ® Product Liability (does.not include - mass tort) • ® Slander/Libel/ Defamation ®Other:' . . MASS TORT Asbestos ® Tobacco • Toxic Tort - DES O Toxic Tort'- Implant O Toxic Waste ® Other: PROFESSIONAL LIABLITY • Dental ® Legal O Medical ® Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection:: Credit Card ® Debt Collection:,.Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other O Other: ' REAL PROPERTY ID Ejectment Q Eminent Domain/Condemnation ® Ground Rent ® Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ® Partition ® Quiet Title ® Other: CIVIL APPEALS Administrative Agencies ® Board of Assessment O Board of Elections ®x Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS • Common Law/Statutory Arbitration ® Declaratory Judgment O Mandamus 0 Non -Domestic Relations Restraining Order - Quo Warranto 0 Replevin Other: Updated 1/1/2011 BROOKE A. HOUSTON, Appellant v. F.::0-:13ENCE PRO7f.-101i0TAR47'( • Hi AUG, 3 RN 2:14u CUMBE p EFi Ki OF COMMON PLEAS OF : CUMBERLAND COUNTY, P SYtVANIA : NO. IDU tl 1 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, Brooke A. Houston, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Brooke A. Houston, resides at 429 West Main Street, Apt. 2, Mechanicsburg, Pennsylvania 17055. 2. Appellant was arrested for DUI on July 15, 2014; 3. Appellant has been accused of refusing to submit to a chemical test and was given an Official Notice of Suspension,. mailed July 24, 2014. 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. Ctt\O u11S.-1 -Pct WHEREFORE, your Appellant respectfully requests Your Honorable Court to grant the Defendant a supersedeas of any suspension until this matter is resolved regarding the underlying conviction of Section 1547. Date: -� Respectfully submitted, P/trick /ler, 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 BROOKE A. HOUSTON, : 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 counselfor Appellant, Brooke A. Houston, hereby verifies and states that: 1. .I am the attorney for Appellant, Brooke A. Houston; 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: Respectfully subrn rick Lau r, Jr., Esquire w Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec. Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717)763-1800 IIEXITIIBIT "A" COMMONWEALTH.OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 24, 2014 BROOKE ANNE HOUSTON 429 W MAIN ST FL 2 MECHANICSBURG PA 17055 WID I 141986746996457 001 PROCESSING DATE 07/17/2014 DRIVER LICENSE # 31443104 DATE OF BIRTH 04/01/1991 Dear MS. HOUSTON: 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 07/16/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/28/2014 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 08/28/2014. You may surrender these items before, 08/28/2014. 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 $27.50. 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 141986746996457 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 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". 141986746996457 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 24, 2014, 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 1101 South Front Street 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 08/28/2014. Sincerely, e/Nat Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmv.state.pa.us 1-800-228-0676 717-412-5380 BROOKE A. HOUSTON, Appellant : IN THE COURT OF. COMMON PLEAS OF : 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 bydepositing 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, ick F. er, Jr:,. Esquire L'aw Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel: (717) 763-1800 •BROOKE A. HOUSTON, ' Appellant v. •: INTHE COURT OF COMMON PLEAS OF • : CUMBERLAND COUNTY, PENNSYLVANIA1 NQ. )9- q ?°0 tilt I 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 6at.is.t— 2014, upon consideration of the Within APpeal of Operator's License Suspension, it is herebyr dered that a hearing shall be i held regarding this matter at on the IPA day of Celf_eilthed_ , 2014 at a.m./mist. 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: Common Pleas Judge t§tribution: Bricicnell, Assistant Counsel, Office of Chief Counsel, Rivet -front Office Center, 1101 South Front Street, Third Floor, Harrisburg, PA 17104 .--Ictrick F. Lauer, Jr., Esq 're, 2108 Market Street, Camp Hill, PA 17011 eopl'es nt(lit epWpi— BROOKE A. HOUSTON, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-4800 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL ORDER AND NOW, this 18th day of December, 2014, the appeal filed in the above - captioned matter is: Attest: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of , 2015, at .m., in Courtroom Room No. of the Cumberland County Courthouse, picn "tom Carlisle, Pennsylvania. Patrick F. Lauer, Esq., 2108 Market Street, Camp Hill, PA 17011 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101South Front Street, Harrisburg, PA 17104-2516 SS //NAIL- /gig s rn n UD L (-)