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Home My WebLink About06-2691 ABBY A. SPIDLE, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. e./~,L~~ : NO.: ()~ -:21.,.", COMMONWEALTH OF PENNSYL VANIA,: PENNSYLVANIA DEP ARlMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL APPFAT. FROM STTSPRNSrON OF OPFRATOR'S PRrvn.Rr.F AND NOW, comes the Appellant, Abby A. Spidle, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully avers the following: 1. Appellant resides at 305 Lafayette Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Appellant received a Notice dated April 10, 2006, that as a result of her alleged violation of Vehicle Code Section 1547 Chemical Test Refusal on March 24, 2006, her driving privileges were being suspended for a period of one year (1), effective suspension date May 15, 2006, at 12:01 a.m. 3. Appellant did not fail any field sobriety test. 4. Appellant submits that the police officer lacked a reasonable basis to request Appellant to submit to a chemical test. 5. Appellant did not interfere with the administration of breath testing. 6. Appellant submits that she did not knowingly or consciously refuse to submit to chemical testing. 7. Appellant submits she was not told she would lose her license for one year if a test result was not obtained 8. Appellant blew into the breathalyzer on numerous occasions and the failure to obtain a result was not through the fault of Appellant. 9. Appellant submits that her actions did not constitute a refusal. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, atrick F. Lauer, 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 Date: 5kbA I , ABBY A. SPIDLE, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee A TTORNRV V1<:RTli'TC'A TTON The undersigned, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for the Appellant, Abby A. Spidle; 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 necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief; 5. He is 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, --L Date: -5'" It tc atrick F. Lauer, 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 ABBY A. SPIDLE, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee CF.RTTFTCATF OF SFRVTCF I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States 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 Date: j/(S/ft; Respectfully submitted, U P .ck F. auer, Jr., Esqwre Law Offices of 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: APRIL 10, 2006 ABBY,A SR.IDLE. 305 LAFAYETTE DRIVE NEW CUMBERLAND PA 11010 WID ,.' '060936128300580 001 PROCESSING DATE 04/03/2006 DRIVER LICENSE. 25907172 DATE OF BrRTH 12/10/1981 Dear MS. SPIDLE: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BlI of the pennsylvania Veh~cle Code. As a result of your violation of Section 15:47 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/24/2006: . Your driving privilege is SUSPENDED for a per'i'od of 1 YEARCS) effective 05/15/2006 at 12:01 a.m. Before PennDOT can restore your driving privilege, yOU must follow the inst~uctions in this letter for COMPLYING WITH THIS SUSPENSION and 9AYING THE RESTORATION FEE. Vou should follow ALL instructiol:ls very carefullY. Even if you have served elll . the time on the suspension/revoc.ation, we" cannot . restore your driving privilege unt:!:l, all the requ:t'rements are satisfied. ' COMPLYING WITH THIS SUSPENSION Vou must acknowledge this suspension of your driving prlVl- lege. You will not receive credit toward serving any sus- pension until we receive yoUr acknowledgmen'!: form. YOll may surr-erider the acknowledgment form before this date, 05/15/2006, for earlier credit. Complete the following steps to acknowledge this suspension: 1.. Complete the enclosed DL-16LC acknowledgment form. 2. Be sure to sign the form. 3. Return the form to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4. Upon receipt, review and acceptance of this acknowledg~ ment, PennDOT will send YOU a receipt confirming the date that credit began. If yoU do not receive a receipt from us within 3 weeks of mailing your documents, please contact our office. Otherwise, yoU will not be given ,/ ./ << 060936128300580 credIt toward serving this suspension... P'ennDOT phone numbers ar~ listed at the end bf this letter. 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 stepsl :' 1. Return the enclosed Application for Restoration. The amount due is listed'on the apPlication. 2. Write your driver's license numbe~ (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 mai.l date, APRIL 10, 2006, of this lette~..If yo~ file an appeal in :the County COUl't~' the COUl't will give you a time-stamped cel'tified copy of the appeal. In order for your appe~l to be valid, yOU must send this time-stamped certified COpy of the appeal by certified mail tOl Pennsylvania Department ~f 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 the enclosed DL-16LC acknowledgment f<ir,m to PennDOT by 05/15/2006. Sincerely, ~~w Janet L. Dolan, Acting Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION BlOO a.m. to 6:00 p.m. 1-800-932-4600 TOO IN STATE 717-412-5300 TOO OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-412-5380 ID (:) ~ 1. U( ~ U( (') ,...., 0 = c: = -n ~-: =' S -oo~ :x :r!.." :} -t cPr,'; ",. m- @ ~:~;:l -< -ofT, i w -e'S' ~P6 tl; .C; 0 C) ) -~~~ - -U ,<I:' -'-\-r -0 I.,...t - )~c) C)':-'::'"' ~ :It ,-,..(,,) JI: f':::Ci {jrn 0 ..1'>c l.f? ...., Z :p. -:< en 5::J ~ VI -< .J:- ..... I' PY:;Y"EJ,r.&=<'D \. 1:<__.,...,/",--, _._....-.~ .. _,....A ~ MAY 1 1 2006 BY: ABBY A. SPIDLE, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. (?;L,tL~/.L~ : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 0[., -i}/",C(/ : LICENSE SUSPENSION APPEAL ORnFR OF C.OTTRT AND NOW, this 1511-- day of ~ 2006, 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 d ~ day of -M 2006, at -1 D! 3 D o'clock A . m. in Courtroom No. 5 of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section I 550(b )(1) until such time that this honorable court resolves this appeal. BY THE COURT: J. .. f)ry ~\ o Distribution: ." ./-PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 .!-Patrick F. Lauer, Jr., Law Offices of Patrick F. Lauer, Jr., LLC, 2108 Market 81., Camp Hill, PA 17011 , ' ;,' " .( , "~f. r-.-, V!NVt\l\SNN:-1d )J.NnCC ,'" n ;';8t^lna [tJ:G Wd S I AVW SOOl Al:N10NOH10l:ld 3H1 :10 381.:i~o-a311.:l ABBY A. SPIDLE, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2006-2691 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER . \\. AND NOW, this 1. , day of j' o,l'4\L , 2006, upon consideration of the Department's Motion to Continue, the Motion is hereby granted, and the Matter is Continued and rescheduled for hearing on the 23rd day of AUl!IIst, 2006 at 9:00 J!.:!!!. in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT '-l~~ J. DISTRIBUTION: t-George H. Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ~trick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 1701 -\~ ,()\o ,')C) 0\9 60 :S 1,1:1 6;:; Nnr SGliZ :. i.j,:d :1H1 JCJ ~:;':)!:~.!,:){]:nH PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABBY A. SPIDLE, v. 2006-2691 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Abby A. Spidle, O.L.N. 25907172, a notice dated April 10, 2006, informing the petitioner that as a result of the petitioner's violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on Marcy 24, 2006, the petitioner's driving privilege was being suspended for a period of 1 year as mandated by Section 1547 of the Vehicle Code. 2. The petitioner filed an appeal of the above mentioned suspension in the Court of Common Pleas of Cumberland County. 3. A hearing in the matter is scheduled for July 28,2006, at 10:30 a.m. in Courtroom Number 5 of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The refusal was reported to the Department of Transportation by Officer Michael Bingham of the Camp Hill Police Department. 5. Officer Bingham is a necessary witness for the Department's case. 6. Officer Bingham is scheduled for training on July 28, 2006, and will be unavailable to testify on July 28, 2006. 7. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 8. The undersigned counsel contacted the office Patrick F. Lauer, Jr, Esquire, attorney for the petitioner, and Mr. Lauer's secretary reported that Mr. Lauer does not objection to the granting of a continuance in this matter. 9. The undersigned counsel respectfully requests a continuance and that the case be rescheduled for hearing. WHEREFORE, the Department respectfully requests that the Department's Motion For Continuance be granted and that the aforesaid hearing be continued and rescheduled. Respectfully submitted, hn'fii;~ G~rge H. busk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, P A 17104-2516 (717) 787-2830 Date: June 29, 2006 PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABBY A. SPIDLE, v. 2006-2691 COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Permsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, P A 17011 Jt(),~~ Vot< GeOrge H. K usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: June 29, 2006 PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA ABBY A. SPIDLE, v. 2006-2691 COMMONWEALTH OF PENNSYLV ANlA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion for Continuance are true and correct. 1 understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~'R ~~C Ge6rge H. KI:>usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: June 29, 2006 ~ -+ ~ ..g ~ l' ~ ~ \ ~ 1 ~ ~ ~ ~ t -:\ " V ~ 'I I ABBY A. SPIDLE, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2006-2691 COMMONWEALTH OF PENNSYLVANIA,: PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION BUREAU OF DRIVER LICENSING, : APPEAL Appellee PRAECIPE TO WITHDRAW APPEAL OF OPERATOR'S LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the license appeal in the above captioned case. The hearing scheduled for August 23, 2006 at 9:00 a.m. is not needed. Date: 9<< k P 'ckF. Lauer, 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 Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, PA 17011 -Abby A. Spidle, 305 Lafayette Drive, New Cumberland, P A 17070 -Judge M. 1. Ebert, Jr., Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 <2 ~ ~ ~ ; ~ ~:ld -oW f"'\'1 f\ Z::r:' G'> \\ he I (1).;1''. c::> ~~' ~C' -0 ~c '% % -0 '5i>c: r:? ~ z ~ 2- ....., -