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Home My WebLink About07-1046MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 W. POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR APPELLANT DERK EDWARD ROBERTS, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - JO L4 ct"z( J e. ? : LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Derk Edward Roberts, by and through his attorney, Mark F. Bayley, Esquire, and respectfully avers the following: 1. Appellant resides at 982 Torway Road, Gardners, PA 17324. 2. On or around December 23, 2006, police officers unlawfully entered Appellant's home and subsequently requested him to perform a chemical test. 3. Appellant received Notice mailed January 25, 2007, stating that as a result of his alleged chemical test refusal on December 23, 2006, his driving privilege is being suspended for a period of one year, effective March 1, 2007, at 12:01 a.m. A copy is attached hereto as Exhibit «A„ 4. Suspension is improper in that Appellant had no legal duty to perform a chemical test on December 23, 2006 and/or the Commonwealth's request for a chemical test was unlawful. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, BAYLEY & MANGAN Z-Z-'--a Date: Mark F. Bayley, F? t . 57 W. Pomfret Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Appellant DERK EDWARD ROBERTS, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Derk Edward Roberts, Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esquire Attorney for Appellant DERK EDWARD ROBERTS, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Notice of Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Dated: Mark F. Bayley, Esquire Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 25, 2007 DERK EDWARD ROBERTS WID # 070186187907773 001 982 TORWAY RD PROCESSING DATE 01/18/2007 GARDNERS PA 17324 DRIVER LICENSE # 600+1924 DATE OF BIRTH 02/27/1964 Dear MR. ROBERTS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 12/23/2006: ¦ Your driving privilege is SUSPENDED for a period effective 03/01/2007 at 12:01 a.m.of 18 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 03/01/2007. You may surrender these items before, 0310112007, 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 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 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: &X14//3/7 "tq .40 070186187907773 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 license(s), 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, JANUARY 25, 2007, of this letter. If you f ile 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 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 03/01/2007. 070186187907773 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 .m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1 -800-228-0676 717-412-5380 WEB SITE ADDRESS www.dmv.state-pa.us r, a 0 -n F CY - ?a C, DERK EDWARD ROBERTS, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - lD 4 C, ( Tt COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this 5f`' day of , 2007, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a hearing on the matter shall be held on the day of , 2007, at Vo'clock A m. in Courtroom No. of the Cumberland County Courthouse. 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: PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Bayley & Mangan, 57 W. Pomfret St., Carlisle, PA 17013 0 3 - os = 0 7 Mark F. Bayley, Esquire 4- c :11'I S- a cool f: MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 W. POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR APPELLANT DERK EDWARD ROBERTS, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1046 LICENSE SUSPENSION APPEAL MOTION TO CONTINUE AND NOW, comes Derk Roberts, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. Appellant is scheduled for a license suspension appeal hearing with regard to the above captioned matter on June 1, 2007. 2. Undersigned counsel has a previously scheduled family commitment on that date. 3. PennDOT Chief Counsel George Kabusk was contacted and has no objection to this continuance request. Wherefore, the Appellant respectfully requests that the hearing with regard to his license suspension be continued to July 16, 2007 at 11:00 AM. Respectfully submitted, BAYLEY & MA NGAN Date: V Mark F. Bayley, Es 57 W. Pomfret . Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Appellant DERK EDWARD ROBERTS, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1046 LICENSE SUSPENSION APPEAL VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Appellant, Derk Roberts, in this action;. that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unworn falsification to authorities. Date: ? Mark F. Bayley squire s DERK EDWARD ROBERTS, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1046 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Appellant, Derk Roberts, do hereby certify that I this day served a copy of the Motion For Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George H. Kabusk, Esquire PennDOT - Office of Chief Counsel Riverfront Office Center 1101 South Front St., 3rd Floor Harrisburg, PA 17104-2516 Dated: .i 6 Mark F. Bayley, Es ire Attorney for Appellant C ` ? ? ` `:?? ,-t 4 -. ?: e._. ? t ? _ -? ,?, ??? '- ":? r, " ? - ? ? f? i -;? " - f? I ' ? -t L ? tt +`y.s , / My 10 2007 #Y DERK EDWARD ROBERTS, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 1046 COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this day of , 2007, the licenses suspension appeal hearing currently scheduled for June 1, 2007 is continued to July 16, 2007 at 11:00 AM in Courtroom #5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: cc: Mark aunty District Attorney , Esquire J 4 S --Z Hid 01 ? V W L 0 6 Z '-3Hi JO n1 !1J DERK EDWARD ROBERTS, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2007-1046 CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF LICENSE SUSPENSION Appellee ORDER OF COURT AND NOW, this 16th day of July 2007, upon verbal Motion of the Commonwealth for a Continuance of the hearing scheduled for this date and with the concurrence of the Attorney for the Appellant, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is continued. IT IS FURTHER ORDERED AND DIRECTED that a hearing will be held on the 14th day of August, 2007, at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ark Bayley, Esquire ? Attorney for Appellant George Kabusk, Esquire Attorney for Appellee tad 711401 Ms bas By the Court, Y? M. L. Ebert, Jr., J. 1 I I _ Du .;o DERK EDWARD ROBERTS, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA ?• No. 2007-1046 CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF LICENSE SUSPENSION Appellee ORDER OF COURT AND NOW, this 15th day of August, 2007, upon consideration of the Appellant's Appeal from Suspension of Operator's Privilege, and after hearing and argument of counsel, IT IS HEREBY ORDERED AND DIRECTED that the Appellant's Appeal is DENIED and the Supersedeas formally granted in this case is rescinded. By the Court, - 14? 0\(,- U4 V M. L. Ebert, Jr., J. Aark Bayley, Esquire Attorney for Appellant ?eorge Kabusk, Esquire Attorney for Appellee bas Al LUZ