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Home My WebLink About14-6664Supreme CouoPennsylvania 4(e)44" ( Court_ of CommoPleas Cite ;nVer,Shcet " u CUMBERLAND County For Prothonotary Use Only: 2‘ s,. -u„, Docket No: • ) 9 _ ()Lib 'f 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. SU E C T • I •0. N A Commencement of Action: ® Petition of Taking Complaint 0 .Writ of Summons 0 Transfer from Another Jurisdiction . 1N -Declaration i. . Lead Plaintiff's Name: -. KATHLEEN -E. BRADDOCK Lead Defendant's Name: DEPARTMENT OF TRANSPORTATION • Dollar Amount Requested: U within arbitration limits Are money damages requested? Yes M No (check one) •outside arbitration limits . .. ,. . . Is this a Class Action Suit?. U .Yes X. . No ; Is this an MDJAppeal? • 01 Yes ll No. - Name of Plaintiff/Appellant's:Attorney: PATRICK F. LAUER, JR., ESQUIRE 0 ..Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) S E ,C T I. 0 N Nature: of°the Case: Place.ari "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. TORI` (do not include Mass Tort) O Intentional Malicious Prosecution O Motor Vehicle. ® Nuisance Premises Liability 11111 Product Liability (does not include mass tort) ® Slander/Libel/ Defamation ® Other: MASS TORT 0:Asbestos O Tobacco ,. . O Toxic Tort - DES ® Toxie Tort - Implant 0 Toxic Waste O Other: PROFESSIONAL LIABLITY ® Dental ® Legal ® Medical O Other Professional: CONTRACT (do not include Judgments) ® Buyer Plaintiff O Debt Collection: Credit Card :0 Debt Collection: Other • ® Employment Dispute: Discrimination ® Employment Dispute: Other O Other: . REAL PROPERTY ®`Ejectment Eminent Domain/Condemnation O Ground Rent • ® Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential ® Mortgage Foreclosure: Commercial ® Partition O Quiet Title ® Other: CIVIL APPEALS Administrative Agencies ® Board of Assessment ® Board of Elections Dept. of Transportation O Statutory Appeal: Other ® Zoning Board O Other: MISCELLANEOUS ® Common Law/Statutory Arbitration ® Declaratory Judgment 0 Mandamus Non -Domestic Relations Restraining Order ® Quo Warranto ® Replevin 0 Other: Updated 1/1/2011 KATHLEEN E. BRADDOCK, : IN THE COURT OF COMMON PLEAS OF Appellant v. : CUMBERLAND COUNTY, PENSYLVANIA NO. 1 "► , [PIP e,;/ 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, Kathleen E. Braddock, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Kathleen E. Braddock, resides at 2418A North 5th Street #2, Harrisburg, Pennsylvania: 17110; 2.. Appellant was arrested for DUI on October 8, 2014; 3. Appellant has been accused of refusing to submit to a chemical test and was given an Official Notice of Suspension, mailed October 21, 2014; See Exhibit A, Official Notice of Suspension; 4. Appellant denies she refused to submit to a chemical test; 5. Appellantsubmits 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 suffers from Astymomia phobia, a fear of police; 9. Appellant's medical condition/psychological precluded her from making a knowing, intelligent, and voluntary refusal to consent to a blood test; 10. Appellant's medical condition was the cause for her allegedly refusing to submit to a chemical test and neither alcoholnor drugs were the cause or the contribution to her not I15.7S' consenting to a blood test; a�" CICA 36 3 11. Appellant respectfully requests Your Honorable Court grant a supersedeas of any suspension of Defendant's driver's license until a hearing has been held; 12. Appellant intends to call an expert to testify to establish it was solely her medical condition that precluded her to consenting to a blood test; 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. Respectfull Pa ick F. . uer, 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 KATHLEEN E. BRADDOCK, Appellant v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .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, Kathleen E. Braddock, hereby verifies and states that: 1. I am the attorney for Appellant, Kathleen. E. Braddock; 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 statementsherein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Pa' ick F, ;au:,, Jr., Esquire Offices o Patrick F. Lauer, Jr.; LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 21, 2014 KATHLEEN E BRADDOCK 2418A N STH ST 1 2 HARRISBURG PA •17110 Dear MS., BRADDOCK: WID 1 142876746033121 001 PROCESSING DATE 10/14/2014 DRIVER LICENSE # 21048736 DATE OF BIRTH 11/30/1964. This is an Official Noticb of the Suspension, of your Driving Privilege as authorized by Section 1547B1I1 of. the Pennsylvania Vehicle Code.. As a result of your violation of Section 1547 of the Vehicle COde, CHEMICAL JEST REFUSAL, on 10/09/2014: . Your driving priviIege is SUSPENDEDfora period of 18— - MONTH(S) effective 11/25/2014 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must-eeturn all current Pennsylvania driver's licenses, learner!.s permits, temporary- driver's - licenses (camera cards) in your possession on or before 11/25/2014. .You may surrender these. items 'before, 11/25/2014, 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 -$27,50-. You must present two -(2) -forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage_certificate, etc.) in ordee–to obtain yoUr.photo identification card. You will not receive credit toward serving any suspension until we receiveyour license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If YOU do not have any of these items, send a sworn nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why YOU are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation 142876746033121 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 .2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's.permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from p$ 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 the applicable restoration fee, payment can be made at anytime online @ www.dmv.state.pa.us or mailed to the .ad- dress listed below. Please .include your driver number on your cheCk, money order or correspondence. Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 The Restoration Fee is based on the Consumer Price Index and. subject to change. For the current restoration' fee amOunt due, please visit PennDOT's website at www.dmv.state.pa.us to obtain a copy of your restoration requirements letter. If you do not have internet access, please call PennDOT's Customer Care Center at 1-800-932-4600 to request a copy of your restoration requirements letter. 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". 142876746033121 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 21, 2014, of this letter. If you file an ap- peal, 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 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 11/25/2014. Sincerely, 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 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 KATHLEEN E. BRADDOCK,. : 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: Date: Philip Bricknell, Assistant Counsel Office of Chief Counsel Riverfront Office Center . . 1101 South Front Street, Third Floor Harrisburg, PA 17104 Respectfully submitted ck F. Laue Jr., Esquire Offices o ' atrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 •1 KATHLEEN E. BRADDOCK, . Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.' Lf/p&y COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, : SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW this /9-61 day of 141/LeAWA/ 2014, 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 the15" day of ../..,644i,fa/Lid____ , 2014—at 1160 a./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: 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 ebp;es kta,lted