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Home My WebLink About07-6879./J BOYLE & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Laurence C. Kress, Esquire Supreme Court I.D. No. 93137 1525 Cedar Cliff Drive Camp Hill, PA 17011 Counsel For: Timothy L. Bock Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com lckress@dennisboylelaw.com TIMOTHY L. BOCK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. . COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : DOCKET NO.: 0 • L 8 T- APPEAL OF OPERATING PRIVILEGE SUSPENSION AND NOW comes Timothy L. Bock, Petitioner, by and through his counsel, Laurence C. Kress, Esquire and Boyle & Wenger, and pursuant to 75 Pa.C.S.A. § 1550, hereby appeals from a Notice of Suspension issued by the Department of Transportation, Bureau of Driver Licensing, and in support thereof avers as follows: 1. This Court has jurisdiction over this case pursuant to 42 Pa.C.S.A. § 933(a)(1)(ii) and 75 Pa.§ 1550(a). 2. Petitioner is Timothy L. Bock, Pennsylvania Operator No. 15964115, whose place of residence is 1351 McCormick Rd., Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Respondent is the Bureau of Driver Licensing of the Commonwealth of Pennsylvania, Department of Transportation, which has its principle place of business at the Riverfront Office Center, 1101 South Front St., Harrisburg, PA 17113. 14 4. By official notice bearing a mailing date of October 19, 2007, the Bureau of Driver Licensing notified Petitioner that it was suspending his privilege to operate a motor vehicle for a period of one year, effective November 23, 2007, pursuant to 75 Pa.C.S.A. § 1547(b)(1), as a result of an alleged refusal by Petitioner to submit to chemical testing on August 12, 2007. A copy of the Bureau's notice is appended to this petition as Exhibit A. Petitioner's response to the police officer's request that he submit to chemical testing was not knowing and conscious because the officer failed to provide Petitioner with adequate warnings that satisfied the requirements of Pa.C.S.A. § 1547(b)(2) and Commonwealth, Dept. Of Transp., Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989). WHEREFORE, Petitioner, Timothy L. Bock, moves this Honorable Court to hold a de novo hearing on his appeal from the suspension of his operating privilege and invalidate the action the Department of Transportation, Bureau of Driver Licensing, to suspend his operating privilege. BOYLE & WENGER dsssut? 9 le? Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Laurence C. Kress, Esquire Supreme Court I.D. No. 94137 1525 Cedar Cliff Drive Camp Hill, PA 17011-7707 Phone: (717) 737-2430 Facsimile: (717) 737-2452 deboyle&dennisboylelaw. com lckress&dennisboylelaw. com Counsel For: Timothy L. Bock Dated: November 14, 2007 2 I1 EXHIBIT "A" ,Gct 31 07 09:42a Bock 717-691-5531 P.1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 19, 2007 TIMOTHY LEE BOCK WID # 07285b691066580 001 1351 MCCORMICK RD PROCESSING DATE 10/12/2007 DRIVER LICENSE # 15964115 MECHANICSBURG PA 17055 DATE OF BIRTH 08/07/1953 Dear MR BOCK: 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 08/12/2007: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11/23/2007 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 11/23/2007. You may surrender these items before, 11/23/2007, 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 _Ce.birth... .certificate, valid. tL.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 1n 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: 'Clot 31 07 09:43a Bock 717-691-5531 p.2 072856691086580 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, OCTOBER 19? 2007, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy cf 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 11/23/2007. - .- , 'Oct 31 07 09:43a I Bock 717-691-5531 p.3 072856691DB6580 Sincerely, 9&? Z g ot) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE 1=800-932-4600 TAD 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.0a.us CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served upon the Department of Transportation, Bureau of Driver Licensing, a true and correct copy of Timothy L. Bock's Appeal of Operating Privilege Suspension by sending a copy of the Bureau of Driver Licensing, through the United States Mail, Certified Mail, Return Receipt Requested, Receipt No. 7007-1490-0004-0956-7645, addressed as follows: Office of Chief Counsel Department of Transportation Riverfront Office Center - Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 7?? Mary Lou Egan Legal Secretary Dated: November 14, 2007 o rn p TIMOTHY L. BOCK, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6879 LICENSE SUSPENSION APPEAL ORDER AND NOW, this2', day of d ?l 2008, upon request for a continuance by Attorney George H. Kabusk, attorney for the Department, and with no objection by Attorney Laurence C. Kress, attorney for the Petitioner, the hearing in the above referenced appeal is continued and rescheduled for the 14th day of Aril, 2008 at 3:00 p.m. in Courtroom Number 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Distribution: ?George H. Kabusk, Esquire, Department of Transportation, Riverfront Office Center- 3rd Floor, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516 ?Laurence C. Kress., Esquire, 1525 Cedar Cliff Drive, Camp Hill, PA 17011 ;4 LL notes M. aka 1106g CC) co LL- C i BOYLE, NEB ETT &WENGER Dennis E. Boyl , Esquire Supreme Cou I.D. No. 49618 Laurence C. K ess, Esquire Supreme Con I.D. No. 93137 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyl @dennisboylelaw.com lckres i4dennisbovlelaw.com Counsel For: Timothy L. Bock TIMOTHY L. V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF RIVER LICENSING To the Please : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL DOCKET NO.: 07-6879 the above captioned license suspension appeal withdrawn by Appellant. BOYLE, NEBLETT & WENGER e . ?0 K4410 Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Laurence C. Kress, Esquire Supreme Court I.D. No. 94137 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 deboylekdenni sboylelaw.com lckressgdennisboylelaw. com Counsel For: Timothy L. Bock Dated: Apri18, 008 CERTIFICATE OF SERVICE I hereby Praecipe to Wit Class Mail, post ify that on the date written below, a true and correct copy of the foregoing .w Appeal of Operating Privilege Suspension was served by United States First pre-paid, upon those person(s) listed below George I1. Kabusk, Esquire 1101 S Counsel nt of Transportation Office Center - Third Floor i Front Street , PA 17104-2516 Mary Lou gan Legal Secretary Dated: April 8, 12008 2 tx co ro 3 -n