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Home My WebLink About08-2068LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ao?P Ccvcl No. Of LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW, comes the Appellant, Linda Ann Mansfield, by and through her attorney, Mark F. Bayley, Esquire, and respectfully avers the following: 1. Appellant resides at 2004 Columbia Ave., Camp Hill, PA 17011. 2. Appellant received Notice dated February 25, 2008, stating that as a result of her alleged violation of Section 1547 of the Vehicle Code in refusing a chemical test, on February 16, 2008, her driving privilege was being suspended for a period of one year, effective April 7, 2008 at 12:01 a.m. (A copy is attached hereto as Exhibit "A"). 3. Appellant does not believe Appellee gave her fair opportunity to submit to chemical testing and, therefore, avers the suspension to be unlawful. WHEREFORE, 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 Date: --- Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Appellant LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. : LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for 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: ,,,,, C I '?- Mark F. Bayley, Es uire Attorney for Appellant LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. : 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 foregoing document upon the following by depositing same in the United States mail, 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: V Mark F. Bayley, Es ire Attorney for Appellant Gmail - refuse jpg http://mail.google.com/mail/?ui=2&ik=67d23c861 a&attid=0.1 &disp=i... COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 03. 2008 LINDA ANN MANSFIELD WID # 080566663519462 001 2004 COLUMBIA AVE PROCESSING }PATE 02/2512008 DRIVER LICENSE * 25861348 CAMP HILL PA 1701,1 DATE OF BIRTH 12/07/1954 Dear MS MANSFIELD: 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 02/16/2008t * Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/07/2008 at 12:01 a.m. COMPLYING WITH THIS SUS'PENSTgN You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your Possession on or before 04/07/2008. You may surrender these items before, 04/07/2008, 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. --------.- 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 1 of 1 3/26/2008 4:18 PM Gmail - refuse I.jpg http://mail.google.com/mail/?ui=2&ik--67d23c861 a&attid=0.2&disp=i... 080566663519462 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 6869 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 lettrer# 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 t Q1e1ra r- sl. 44v -Re "T wh e-ne -r" m b e r-s 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 RESTORATIQN 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) an the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. Pennsylvania Department of Transportation Office of Chief Counsel Common Pleas (Civil Division) within 3Q:..s of the mail date, MARCH 03, 2008, of this letter. xf you file 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: 1 of 1 3/26/2008 4:18 PM 0 o? NIJ O c? i -*-r N r-; Ti ..a ra ?' -C k APR 0 32008p)U LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. -o7fXo? C LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of , 2008, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a 2008, at hearing on the matter shall be held on the day of l (? a o'clock 6?-.m. in Courtroom No. ---dL- 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. J. D' ibution: Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Xark F. Bayley, Esquire, 17 West South Street, Carlisle, PA 17013 By the Court: , 00 U") cstq crw --j = ap CALL j LU MCC c- C= n U LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE AND NOW, comes Linda Ann Mansfield, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. The parties are in agreement to continue the hearing previously scheduled for June 12, 2008 to August 15, 2008 at 1:30 p.m. WHEREFORE, the Appellant respectfully requests the hearing previously scheduled for June 12, 2008 to be continued to August 15, 2008 at 1:30 p.m. Date: 1-t o Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Appellant LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for 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: ? Z O v I-AA C<-? ark F. Bayley, Es ire Attorney for Appellant LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for the Defendant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 r? Mark F. Bayley, Esqu' e Dated: v Attorney for Appellant o V q rrh LINDA ANN MANSFIELD, Apellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 08-2068 CIVIL TERM ORDER OF COURT AND NOW, this /L rx day of June, 2008 the appeal filed in the above-captioned matter is CONTINUED and RESCHEDULED for the 0J6rth day of August, 2008 /' a P' BY THE COURT: A4k J. Attest: Distribution: ./Mark F. Bayley, Esq., 17 West South Street, Carlisle, PA 17013 ?Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 ex -n z? t L.L L?i`?o8 ?r? ViNV IAISI N d 9c :1 I WV 91 Nnr BE 3',Y?-40-131H 0 "JUN 16 2008 LINDA ANN MANSFIELD IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2068 CIVIL COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT LICENSE SUSPENSION APPEAL OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER AND NOW, this / -7' day of u , 2008, the hearing previously scheduled for June 12, 2008 is hereby continued to August 15, 2008 at 1:30 p.m. in Courtroom #4 of the Cumberland County Courthouse. is button: U ark F. Bayley, Esquire ,/Philip Bricknell, Esquire 120P 0121 LL &117 /0 ?:?n CZ 11 ? L l %Af 8Q4 a 1 LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL MOTION TO WITHDRAW APPEAL AND NOW, comes Appellant, Linda Ann Mansfield, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. Appellant filed her appeal with regard to the above captioned matter on April 1, 2008; a hearing was subsequently scheduled to occur on August 15, 2008 with the Honorable Kevin A. Hess. 2. Appellant now wishes to withdrawal said appeal. WHEREFORE, the Appellant respectfully requests her appeal to be dismissed. Respectfully submitted, BAYLEY & MANGAN Date: 5' l S ul---- Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Appellant LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for 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: 9, ( Z Mark F. Bayley, Esquire Attorney for Appellant r LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for the Appellant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Dated: I V? Mark F. Bayley, Esqu' e Attorney for Appellant rr ? ? ? ?? ? ? s__- ? m _ , ? ' . , ?'?' ? ? ' '> ?r ,_ ??? ?d? ?' ' A l" • • ?? .? .w; ` 4i: y- `` M • LINDA ANN MANSFIELD Appellant V. COMMONWEATLH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AUG 14 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2068 CIVIL LICENSE SUSPENSION APPEAL O-_ AND NOW, this /y `day of 46L , 2008, Appellant's appeal filed April 1, 2008 with regard to the above captioned matter is hereby dismissed and the hearing currently scheduled for August 15, 2008 is cancelled. The Supersedeas granted by Order dated April 4, 2008 is hereby vacated. J. Distribution: 14ark F. Bayley, Esquire ,Pfi lip Bricknell, Esquire J 1-0 S.? t i