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Home My WebLink About05-1929 PAMELA JEAN MYERS, Appellant IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENN YL VANIA : NO.: 05-ICJ.2.Cf COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee v. AND NOW, comes the Appellant, Pamela Jean Myers, by and through he attomeys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: I. Appellant resides at 20 I North Hanover Street, Apartment 4C, Carlis e, Cumberland County, Pennsylvania 17013. 2. Appellant received a Notice dated April 13, 2005, that as a resul of her alleged violation of Vehicle Code Section 1547, Chemical Test Refusal, her driving privi ge were being suspended for a period of (18) eighteen months, effective suspension date May 18 2005, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. Appellant submits that the police officer lacked a reasonable asis to request Appellant to submit to a chemical test. 4. Appellant submits the police officer advised her that she may not consult with an attorney when making a decision on whether to submit to chemical testing. 5. The request for chemical testing is a critical stage of the prosecuf n in which the appellant is confronted by her adversary and the decision that she must make will impact her potential fines, prison time, and length of suspensions. 6. A critical stage in the prosecution requires the right to have an alto ey. 7. Appellant submits that she did not intelligently and voluntarily re e to submit to a chemical test. 8. Appellant submits her actions did not constitute a refusal and her Un' ed States and Pennsylvania Constitutional Right to an attorney was violated. WHEREFORE, your Appellant respectfully requests your Honorable Court 0 schedule an evidentiary hearing on the matter. Respectfully submitted, ,,/ / Date: April 15, 2005 Marhn . Markley, Esquire Law Offices of Patrick F. Lauer, Jr., L C 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 \ /~---..., // \ \ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 13. 2005 PAMELA JEAN MVERS 201 NORTH HANOVER ST CARLISLE PA 17013 WID t 050966194547051 0 1 PROCESSING DATE 04/06/2 05 DRIVER LICENSE t 182042 6 DATE OF BIRTH 12/18/195 . Dear MS. MYERS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 154781 II of the PennsYlvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code. CHEMICAL TEST REFUSAL. on 03/18/2005: 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: . Your driving privilege is SUSPENDED fo~ a pe~iod of 16 MONTH(S) effective 05/16/2005 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 05/18/2005. You may surrender these items before, 05/18/2005. 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 $10.00. You must present two (2) forms of proper identification (e.g., birth certificate. valid U.S. passport. marriage certificate, etc.) in order to obta~n your photo identification card. You will not ~eceive c~edit towa~d se~v1ng any suspens10n until we ~ece1ve YOu~ license(s). Complete the following steps to acknowledge this suspension. 050966194547051 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 licensees), 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 13, 2005, of this letter. If YOU file an appeal in the County COU~t, the Cou~t will give YOU a time-stamped ce~tified 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 05/18/2005. 050966194547051 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-22 -0676 OUT-OF-STATE 717-391-6190 TOO OUT-OF-STATE 717-39 -6191 WEB SITE ADDRESS www.dmv.state.pa.us PAMELA JEAN MYERS, Appellant : IN THE COURT OF COMMON PEAS OF : CUMBERLANDCOUNTY,PE SYLVANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEA BUREAU OF DRIVER LICENSING, Appellee A TTORNli'.Y VRRTFIC'A TTON The undersigned, Marlin L. Markley, Esquire, hereby verifies and states tha 1. He is the attorney for the Appellant, Pamela Jean Myers; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Appeal are known to him and not n essarity to his client; 4. The facts set forth in the foregoing Appeal are true and correct to he best of his knowledge, information and belief; 5. He is aware that false statements herein are made subject to the pen !ties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: April 15, 2005 0.1:arlin L. M kley, Esquire Law Offices of Patrick F. Lauer, Jr., LC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-470 ID# 84745 Tel. (717) 763-1800 PAMELA JEAN MYERS, Appellant : IN THE COURT OF COMMON PEAS OF : CUMBERLAND COUNTY, PE SYLVANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEA BUREAU OF DRIVER LICENSING, Appellee nmTTFTC'ATF. OF SF.RVTC'R I hereby certifY that I am this day serving a copy of the foregoing Appeal u on the person and in the manner indicated below, which service satisfies the requirements of th Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United Sta s Camp Hill, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 RespectfullYS~b/______ "-_..-,-:'--- Date: April 15, 2005 -1(farlin I:. arkley, Esquire Law Offices of Patrick F. Lauer, Jr., LC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-470 ID# 84745 TeI.(717) 763-1800 (..----.", \, ~ ...-S: ("'- -- {;"" 'f--J ..r') ~ ~ (\J ...., e;..") t-::;:I <.:f1 ,,~ -",J ::;:""J ~"'" ~ ~ ,,-->. u\ 0-. cl 0"1 o -" -I :r:-!l rllr-- -n(l) -flU ;<, l '-~~l ~f~ -'~ (-":1 "'-:'0:-,:'11 '~l ~. ,'";:1 .<; !".-:: (5 CJ' II 1:\ ,q RECEIVED APR 1 870(11; PAMELA JEAN MYERS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: Ul- (el J 1 i COMMONWEALTH OF PENNSYLVANIA,: ' .. PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee (/ I . ,fJ ~'..VLi--vL : LICENSE SUSPENSION APPEAL ORnER OF C'OTTRT AND NOW, this c2S-U day of ,/1 ~ U',Q..U (. ; 2005, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a Hearing on the matter shall be held on ~ ?1 d day of ' ~i ( , - (\ 'I k (' . C N <-/~' .' i .':) . 0 c oc _,---. m. In ourtroom o. .. X I.. .2005. at of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(I) until such time that this honorable court resolves this appeal. BY THE COURT: J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Oftlce Center, Harrisburg, PA 171 04 , ~ arlin L. Markley, Law Offices?f Patrick F. Lauer, Jr., LLC, --l~ '.7\:r .. I- ( 2108 Market St., Camp Hill, P A 1701] \}~~~ ,\c; ,.0) \" \, ~\'- ''t- ') ( (',\ v OF zoas APJ( 25 1\1; Ii: 02 CUt.',;~:;,,:L ;:~, !_/~'li>-ITY ------ .,'-~,,---_.,- ----- --" PAMELA JEAN MYERS, Appellant v. IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA I NO. 05-1929 Civil T~rm I COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension TO THE PROTHONOTARY: I Please withdraw the appeal filed on April 15, 2005, regarding the aboie-captioned I I action. I I Respectf~~bmitte , /' /,,/ ,//" .,/ /~':l' '2108 M ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D# 84745 Tel. (717) 763-1800 Date: June 9, 2005 (") 1"-..3 = 0 c = -n -'':0'' <:.n -, "5..,.,. c.... ::;:! t'~r." n", f;, c:: ni~ ~-:-.r ~ ".-.... : ,,<~- 1 I -OfT' (l) -::VD -.-<.... , 1.0 C)C.l r-" I <:: -V =rJ -r. I --- ~~~ .-}......~ ;~~:.- :2: :3: ;~; '- esm c: .r:- :;;..: .--1 =2 ~ ~ .< -