HomeMy WebLinkAbout08-6059FREDERICK JOYCE
PETITIONER
VS.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
6,Q-Go<q
DOCKET NO: CV 2008
OPERATING PRIVILEGE SUSPENSION APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes the above-named Petitioner, Frederick Joyce, by and through his Attorney,
Tim M. Barrouk, Esquire, and hereby appeals from a Notice of Suspension issued by the Pennsylvania
Department of Transportation, Bureau of Driver's Licensing, and avers the following in support thereof:
1. This Court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a) and 75 Pa.C.S.A.
§1550(a).
2. The Petitioner is Frederick Joyce, Pennsylvania Operator Number 26508672, whose place of
residence is 1580 Ritner Highway, Apartment # 17, Carlisle PA 17013, with a date of birth of
November 22, 1953.
3. Respondent is the Bureau of Driver's Licensing of the Commonwealth of Pennsylvania,
Department of Transportation, which has its principal place of business at the Riverfront Office
Center, 1101 South Front Street, Harrisburg, Pennsylvania.
4. The Appeal is taken from an Official Notice bearing a mailing date September 10, 2008. With
that Notice the Bureau of Driver's Licensing notified Petitioner that it was suspending his
privilege of operating a commercial motor vehicle for the period of one (1) year, effective
October 10, 2008, at 12:01 a.m., pursuant to Section 1547(b)(1)(i) of the Pennsylvania Vehicle
Code, as a result of an alleged refusal by Petitioner to submit to chemical testing on August 23,
2008. A true and correct copy of the Bureau's Notice of Suspension is appended to this Petition
as Exhibit "A".
5. The one (1) year suspension of Petitioner's operating privilege is improper and illegal because:
a. It is believed and, therefore, averred that the petitioner tried to provide in two occasions a
valid breath samples but the breathlyzers did not work properly.
b. The procedural prerequisites that law enforcement must follow in order to obtain a valid
sample were not met in this case including, but not limited to, deficient implied consent
warnings.
6. The Petitioner requests relief pursuant to 75 Pa. C.S.A. §1550 (b)(1) - Supersedeas. As this matter
is timely filed and service has been effected upon the Department's legal office, and none of the
enumerated exceptions under 75 Pa. C.S.A. §1550 (b)(1) (ii) or (iii) exist, the Petitioner
specifically requests that this Honorable Court in its Order grant Supersedeas to stay the
Department's planned suspension.
WHEREFORE, Petitioner, Frederick Joyce, respectfully requests this Honorable Court hold a de
novo hearing on his Appeal from the suspension of his operating privilege and will invalidate the illegal
taking of his privilege and the improper action of the Department of Transportation, Bureau of Driver's
Licensing, to suspend his operating privilege.
Respectfully submitted,
Tim M. Barrouk, Esquire
Attorney for Petitioner
Attorney ID#: 204537
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax No.: (717) 657-2060
FREDERICK JOYCE
PETITIONER
vs.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
DOCKET NO:
CV 2008
AFFIDAVIT OF SERVICE
I, Tim M. Barrouk, Esquire, do hereby affirm that I have served upon the Department of
Transportation, Bureau of Driver's Licensing, a true and correct copy of Frederick Joyce's Petition for
Appeal of Operating Privilege Suspension by sending said copy to the Bureau of Driver's Licensing by
United States Postal Service, Certified Mail, Return Receipt Requested, Receipt No,.
-I(X-j pI10000, 4060gg0ddressed as follows:
Office of Chief Counsel
Department of Transportation
Riverfront Office Center - 3`a Floor
1101 S. Front Street
Harrisburg, Pennsylvania 17104-2516
This affirmation is made with the knowledge of the penalties of 18 P.S. §4904 relating to
unsworn falsification to authorities.
Date: t 0 104 ( J30 ?) .
Respectfully Submitted,
MCSHANE FIRM, LLC
By:
Tim M. Barrouk, Esquire
Attorney for Petitioner
Attorney ID# 202061
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax: (717) 657-2060
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` FREDERICK JOYCE
PETITIONER
VS.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
DOCKET NO: ACV 2008
AMENDED OPERATING PRIVILEGE SUSPENSION APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes the above-named Petitioner, Frederick Joyce, by and through his Attorney,
Tim M. Barrouk, Esquire, and hereby appeals from a Notice of Suspension issued by the Pennsylvania
Department of Transportation, Bureau of Driver's Licensing, and avers the following in support thereof:
1. This Court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a) and 75 Pa.C.S.A.
§1550(a).
2. The Petitioner is Frederick Joyce, Pennsylvania Operator Number 26508672, whose place of
residence is 1580 Ritner Highway, Apartment # 17, Carlisle PA 17013, with a date of birth of
November 22, 1953.
3. Respondent is the Bureau of Driver's Licensing of the Commonwealth of Pennsylvania,
Department of Transportation, which has its principal place of business at the Riverfront Office
Center, 1101 South Front Street, Harrisburg, Pennsylvania.
4. The Appeal is taken from an Official Notice bearing a mailing date September 10, 2008. With
that Notice the Bureau of Driver's Licensing notified Petitioner that it was suspending his
privilege of operating a commercial motor vehicle for the period of one (1) year, effective
October 10, 2008, at 12:01 a.m., pursuant to Section 1547(b)(1)(i) of the Pennsylvania Vehicle
Code, as a result of an alleged refusal by Petitioner to submit to chemical testing on August 23,
2008. A true and correct copy of the Bureau's Notice of Suspension is appended to this Petition
as Exhibit "A".
5. The one(]) year suspension of Petitioner's operating privilege is improper and illegal because:
a. It is believed and, therefore, averred that the petitioner tried to provide in two occasions a
valid breath samples but the breathlyzers did not work properly.
b. The procedural prerequisites that law enforcement must follow in order to obtain a valid
sample were not met in this case including, but not limited to, deficient implied consent
warnings.
6. The Petitioner requests relief pursuant to 75 Pa. C.S.A. § 1550 (b)(l) - Supersedeas. As this
matter is timely filed and service has been effected upon the Department's legal office, and
none of the enumerated exceptions under 75 Pa. C.S.A. § 1550 (b)(1) (ii) or (iii) exist, the
Petitioner specifically requests that this Honorable Court in its Order grant Supersedeas to
stay the Department's planned suspension.
7. A judge has not ruled upon any other issue in this matter or a related matter.
WHEREFORE, Petitioner, Frederick Joyce, respectfully requests this Honorable Court hold a de
novo hearing on his Appeal from the suspension of his operating privilege and will invalidate the illegal
taking of his privilege and the improper action of the Department of Transportation, Bureau of Driver's
Licensing, to suspend his operating privilege.
Respectfully submitted,
Tim M. Barrouk, Esquire
Attorney for Petitioner
Attorney ID#: 204537
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax No.: (717) 657-2060
EXHIBIT A
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
SEPTEMBER 10, 2008
FREDERICK E JOYCE WID # 082476175974872 002
1580 RITNER HWY APT 17 PROCESSING DATE 09/03/2008
DRIVER LICENSE # 26508672
CARLISLE PA 17013 DATE OF BIRTH 11/22/1953
Dear Motorist:
This is an Official Notice of Disqualification of your com-
mercial driving privilege as
the Pennsylvania Vehicle Code
in Pennsylvania.
authorized by Section 1613 of
as a result of your violation
Your driving record reflects a violation on 08/23/2008 of
1547 of the Pennsylvania Vehicle Code, CHEMICAL TEST RE-
FUSAL.
Your commercial driving privilege is disqualified for a pe-
riod of 1 YEAR(S) effective 10/15/2008 at 12:01 A.M.
In order to comply with this sanction you are required to
return any current driver's license, learner's permit and/or
temporary driver's license (camera card) in your possession
no later, than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to submit a DL16LC Form or a sworn affidavit stating that
you are aware of the sanction against your driving privi-
lege. Failure to comply with this notice shall result in
this Bureau referring this matter to the Pennsylvania State
Police for prosecution under SECTION 1571(a)(4) of the Ve-
hicle Code. -- V
Although the law mandates that your driving privilege is
under disqualification even if you do not surrender your
license, Credit will not begin until all current driver's
license product(s), the DL16LC Form, or a letter acknowl-
edging your sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE-
MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS
RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY.
OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS
SANCTION.
The above mentioned sanction is in addition to any pre-
viously issued sanction(s).
082476175974872
You have the right to appeal the Department's action to the
Court of Common Pleas (Civil Division) within 30 days of the
mail date (SEPTEMBER 10, 2008) of this notice. You must
still send in your license before the effective date of
disqualification unless you appear in person before a Judge
and receive an order permitting you to continue to drive.
PLEASE NOTE that this Civil Appeal is in addition to any
appeal you have to file from the criminal conviction.
AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A
TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY
CERTIFIED MAIL TO:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONT OFFICE CENTER
HARRISBURG, PA. 17104
Sincerely,
9?_d ?__ - Z g g4t")
Janet L. Dolan, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM)
Department of Transportation IN STATE 1-800-932-4600
Bureau of Driver Licensing OUT-OF-STATE 717-412-5300
P.O. Box 68693 TOO IN STATE 1-800-228-0676
Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-412-5380
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1
FREDERICK JOYCE
PETITIONER
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
: DOCKET NO: 6059 CV 2008
RESPONDENT
AMENDED OPERATING PRIVILEGE SUSPENSION APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes the above-named Petitioner, Frederick Joyce, by and through his Attorney,
Tim M. Barrouk, Esquire, and hereby appeals from a Notice of Suspension issued by the Pennsylvania
Department of Transportation, Bureau of Driver's Licensing, and avers the following in support thereof:
1. This Court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a) and 75 Pa.C.S.A.
§1550(a).
2. The Petitioner is Frederick Joyce, Pennsylvania Operator Number 26508672, whose place of
residence is 1580 Ritner Highway, Apartment # 17, Carlisle PA 17013, with a date of birth of
November 22, 1953.
3. Respondent is the Bureau of Driver's Licensing of the Commonwealth of Pennsylvania,
Department of Transportation, which has its principal place of business at the Riverfront Office
Center, 1101 South Front Street, Harrisburg, Pennsylvania.
4. The Appeal is taken from an Official Notice bearing a mailing date September 10, 2008. With
that Notice the Bureau of Driver's Licensing notified Petitioner that it was suspending his driving
privilege for the period of one (1) year, effective October 15, 2008, at 12:01 a.m., pursuant to
Section 1547(b)(1)(i) of the Pennsylvania Vehicle Code, as a result of an alleged refusal by
Petitioner to submit to chemical testing on August 23, 2008. A true and correct copy of the
Bureau's Notice of Suspension is appended to this Petition as Exhibit "A".
5. The one (1) year disqualification of Petitioner's driving privilege is improper and illegal because:
a. It is believed and, therefore, averred that the petitioner tried to provide in two occasions a
valid breath samples but the breathlyzers did not work properly.
b. The procedural prerequisites that law enforcement must follow in order to obtain a valid
sample were not met in this case including, but not limited to, deficient implied consent
warnings.
6. The Appeal is taken from an Official Notice bearing a mailing date September 10, 2008. With
that Notice the Bureau of Driver's Licensing notified Petitioner that it was disqualifying his
privilege of operating a commercial motor vehicle for the period of one (1) year, effective
October 10, 2008, at 12:01 a.m., pursuant to Section 1613(d.1) of the Pennsylvania Vehicle Code,
as a result of an alleged refusal by Petitioner to submit to chemical testing on August 23, 2008. A
true and correct copy of the Bureau's Notice of Suspension is appended to this Petition as Exhibit
«B„
7. The one (1) year disqualification of Petitioner's commercial operating privilage is improper and
illegal because:
a. It is believed and, therefore, averred that the petitioner tried to provide in two occasions a
valid breath samples but the breathlyzers did not work properly.
b. The procedural prerequisites that law enforcement must follow in order to obtain a valid
sample were not met in this case including, but not limited to, deficient implied consent
warnings.
8. The Petitioner requests relief regarding his operators license pursuant to 75 Pa. C.S.A. § 1550
(b)(1) - Supersedeas. As this matter is timely filed and service has been effected upon the
Department's legal office, and none of the enumerated exceptions under 75 Pa. C.S.A. § 1550
(b)(1) (ii) or (iii) exist, the Petitioner specifically requests that this Honorable Court in its
Order grant Supersedeas to stay the Department's planned suspension.
9. The Petitioner requests relief regarding his commercial operators privilage pursuant to 75 Pa.
C.S.A. § 1550 (b)(2) - Supersedeas. As this matter is timely filed and service has been
effected upon the Department's legal office, and there is a reasonable likelihood of success
on Appeal, the Petitioner specifically requests that this Honorable Court in its Order grant
Supersedeas to stay the Department's planned disqualification.
10. A judge has not ruled upon any other issue in this matter or a related matter.
WHEREFORE, Petitioner, Frederick Joyce, respectfully requests this Honorable Court hold a de
novo hearing on his Appeal from the suspension of his operating privilege and disqualification of his
commercial license will invalidate the illegal taking of his privilege and the improper action of the
Department of Transportation, Bureau of Driver's Licensing, to suspend his operating privilege.
Respectfully submitted,
12
Tim M. Barrouk, Esquire
Attorney for Petitioner
Attorney ID#: 204537
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax No.: (717) 657-2060
FREDERICK JOYCE
PETITIONER
vs.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
DOCKET NO: 6059 CV 2008
AFFIDAVIT OF SERVICE
1, Tim M. Barrouk, Esquire, do hereby affirm that I have served upon the Department of
Transportation, Bureau of Driver's Licensing, a true and correct copy of Frederick Joyce's Petition for
Appeal of Operating Privilege Suspension by sending said copy to the Bureau of Driver's Licensing by
United States Postal Service, Certified Mail, Return Receipt Requested, Receipt No,.
addressed as follows:
t46 45a2-
Office of Chief Counsel
Department of Transportation
Riverfront Office Center - 3rd Floor
1101 S. Front Street
Harrisburg, Pennsylvania 17104-2516
This affirmation is made with the knowledge of the penalties of 18 P.S. §4904 relating to
unsworn falsification to authorities.
Respectfully Submitted,
THE MCSHANE FIRM, LLC
Date: By:
Tim M. Barrouk, Esquire
Attorney for Petitioner
Attorney ID# 202061
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax: (717) 657-2060
EXHIBIT A
Rx Dat?/Time OCT-22-2008(WEO) 10:27 717+705+1122 P.002
PENNOOT CHIEF COUNSEL Fax 717+705+1122 Oct 22 2008 11:15am P002/00d
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: SEPTEMBER 10, 2008
FREDERICK E JOYCE WID # 082476175974872 002
1580 RITNER HWY APT 17 PROCESSING DATE • 09/03/2008
DRIVER LICENSE # 26508672
CARLISLE PA 17013 DATE OF BIRTH 11/22/1953
Dear MR_ JOYCE:
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 08/23/2008:
Your driving privilege is SUSPENDED for a period of 1
YEAR(S) effective 10/15/2008 at 12:01 a.m.
COMPLYING WITH HTS 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 10/15/2008. You may
surrender these items before, 10/15/2008, 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 iden-
tification (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 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
Rx Date/T.me 0'-T-22-2008(WE0) '0:27 717+705+1122
PENNDOT CHIEF COUNSEL Fax 717+705+1122
082476175974872
P. 003
Oct 22 2008 11:15am P003/004
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 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 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 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.
A2 L
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, SEPTEMBER 10, 2008, of this letter. If 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 certi-
fied 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 10/15/2008.
Rx Oato/TZme OCT-22-2008(WE0) 10:27 717+705+1122 P.004
PENNI)OT CHIEF COUNSEL Fax 717+705+1122 Oct 22 2008 11:15am P004/004
082476175974872
Sincerely,
Janet L. Dolan, Director
Bureau of Driver Licensing
INEORMATION 8 : n0 a. m_ to 6:00 n_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 saww.dmv.statC_Ra.us
EXHIBIT B
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
SEPTEMBER 10, 2008
FREDERICK E JOYCE WID * 082476175974872 002
1580 RITNER HWY APT 17 PROCESSING DATE 09/03/2008
DRIVER LICENSE # 26508672
CARLISLE PA 17013 DATE OF BIRTH 11/22/1953
Dear Motorist:
This is an Official Notice of Disqualification of your com-
mercial driving privilege as authorized by Section 1613 of
the Pennsylvania Vehicle Code as a result of your violation
in Pennsylvania.
Your driving record reflects a violation on 08/23/2008 of
1547 of the Pennsylvania Vehicle Code, CHEMICAL TEST RE-
FUSAL.
Your commercial driving privilege is disqualified for a pe-
riod of 1 YEAR(S) effective 10/15/2008 at 12:01 A.M.
In order to comply with this sanction you are required to
return any current driver's license, learner's permit and/or
temporary driver's license (camera card) in your possession
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to submit a DL16LC Form or a sworn affidavit stating that
you are aware of the sanction against your driving privi-
lege. Failure to comply with this notice shall result in
this Bureau referring this matter to the Pennsylvania State
Police for prosecution under SECTION 1571(a)(4) of the Ve-
hicle Code.
Although the law mandates that your driving privilege is
under disqualification even if you do not surrender your
license, Credit will not begin until all current driver's
license product(s), the DL16LC Form, or a letter acknowl-
edging your sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE-
MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS
RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY.
OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS
SANCTION.
The above mentioned sanction is in addition to any pre-
viously issued sanction(s).
082476175974872
You have the right to appeal the Department's action to the
Court of Common Pleas (Civil Division) within 30 days of the
mail date (SEPTEMBER 10, 2008) of this notice. You must
still send in your license before the effective date of
disqualification unless you appear in person before a Judge
and receive an order permitting you to continue to drive.
PLEASE NOTE that this Civil Appeal is in addition to any
appeal you have to file from the criminal conviction.
AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A
TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY
CERTIFIED MAIL TO:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONT OFFICE CENTER
HARRISBURG, PA. 17104
Sincerely,
9?* ?__ - Z g On")
Janet L. Dolan, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM)
Department of Transportation IN STATE 1-800-932-4600
Bureau of Driver Licensing OUT-OF-STATE 717-412-5300
P.O. Box 68693 TOD IN STATE 1-800-228-0676
Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-412-5380
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OCT 10 2008 lb
FREDERICK JOYCE
PETITIONER
vs.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
DOCKET NO: U6 Sj CV 2008
S/ ORDER OF COURT
AND NOW, this A/ day of Oat, - , 2008, IT IS HEREBY ORDERED AND
DECREED THAT the Petitioner's Motion for a de novo hearing regarding the Bureau of Driver's
Licensing of the Commonwealth of Pennsylvania's suspension of the Petitioner's Operating Privilege IS
GRANTED.
• This matter is set for the day of , ;d at
1 o'clock in Courtroom
AIM .
FURTHER, this Court directs The Department to stay its planned suspension during the pendency
of this Appeal pursuant to 75 Pa. C.S.A. § 1550(b)(1).
Dom' tribution:
?Tim M. Barrouk, Esquire 4807 Jonestown Rd. Suite 148 Harrisburg, PA 17109
,11-6ffice of Chief Counsel, Department of Transportation, Riverfront Office Center - 3`d Floor,
1101 Front Streets Harrisburg, PA 17104-2516
l0 a I cae
aiOl tsuvHi
FREDERICK JOYCE
PETITIONER
VS.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS OCT 2 2 2008
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
DOCKET NO: 6059 CV 2008
ORDER OF COURT
AND NOW, this 41/1 A4ay of 12008, IT IS HEREBY ORDERED AND
DECREED THAT the Petitioner's Motion for a de novo hearing regarding the Bureau of Driver's
Licensing of the Commonwealth of Pennsylvania's suspension of the Petitioner's Operating Privilege and
Disqualification of his Commercial Drivers License IS GRANTED. VACMAEW.
d.egeitm gamine fli-A .'?ah'ag 7 171fjMgf (go d9+9 86&4-¦m..??g: ?ta_ofrL.e D,, od. 's
1Ca[1L'ss"
T is matter is set for rwwni the s" day o "I-0 at
/0 :.3 V o'clock in Courtroom 3
A. /n.
FURTHER, this Court directs The Department to stay its planned suspension of petitioners
driving privilege and disqualification of his commercial driving privilege during the pendency of this
Appeal pursuant to 75 Pa. C.S.A. §1550(b)(1) and 75 Pa.C.S.A. §I550(b)(2).
BY THE COURT
JUDGE
Distribution:
im M. Barrouk, Esquire 4807 Jonestown Rd. Suite 148 Harrisburg, PA 17109
Mice of Chief Counsel, Department of Transportation, Riverfront Office Center - 3rd Floor,
1101 Front Street, Harrisburg, PA 17104-2516
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FREDERICK JOYCE
PETITIONER
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, DOCKET NO
BUREAU OF DRIVER'S LICENSING, :
RESPONDENT
TO THE HONORABLE JUDGE EDWARD E. GUIDO:
6059 CV 2008
MOTION TO CONTINUE
AND NOW, comes the above-named Petitioner, Frederick Joyce, by and through
his Attorney, Tim M. Barrouk, Esquire, and respectfully requests a continuance and
avers the following in support thereof:
1. This court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a)
and 75 Pa. C.S.A. § 3802(c).
2. The Petitioner is Frederick Joyce, Pennsylvania Operator Number 26508672,
whose place of residence is 1580 Highway, Apartment #17, Carlisle, PA
17013, with a date of birth of November 22, 1953.
3. Respondent is the Bureau of Driver's Licensing of the Commonwealth of
Pennsylvania, Department of Transportation, which has its principal place of
business at the Riverfront Office Center, 1101 South Front Street, Harrisburg,
Pennsylvania 17104.
4. A hearing on Petitioner's Motion for a de novo hearing is presently scheduled
for December 1, 2008, at 10:30 A.M.
5. A Continuance in this matter is requested as undersigned counsel has a
scheduling conflict and has been ordered to appear before the Lebanon
County Court in the matter of Commonwealth v. Ingrid Torres, at the same
exact date and time that the above-captioned matter is scheduled for hearing.
6. Counsel for the Commonwealth of Pennsylvania was contacted and does not
object to this continuance.
WHEREFORE, Petitioner, Frederick Joyce, respectfully requests this Honorable
Court grant his Motion for a continuance in this matter.
Respectfully submitted,
Tim M. Barrouk, Esquire
Attorney for Petitioner
Attorney ID#: 204537
4807 Jonestown Road, Suite 148
Harrisburg, Pennsylvania 17109
Telephone: (717) 657-3900
Fax No.: (717) 657-2060
F
CERTIFICATE OF SERVICE
I, Tim M. Barrouk, Esquire, hereby certify that service of the foregoing
Petitioner's Motion to Continue has been completed in compliance with the Rules of
Criminal Procedure by First Class, postage prepaid mail this /9* day of
2008 to:
Philip Bricknell, Esquire
Office of the Chief Counsel
Department of Transportation
Riverfront Office Center - 3rd Floor
1101 Front Street
Harrisburg, PA 17104
Tim M. Barrouk, Esquire
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A l . ! "1
NOV 2 4 2008C4
FREDERICK JOYCE
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS. RE: STATUTORY APPEAL
PETITION - CHEMICAL
TEST REFUSAL
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, DOCKET NO: 6059 CV 2008
BUREAU OF DRIVER'S LICENSING,
RESPONDENT
ORDER OF COURT
AND NOW, this,&date, of , 2008, after due
consideration of the Defendant's Motion t Continue and after considering response, if
any, by the Commonwealth, IT IS HEREBY ORDER AND DECREED that the
Petitioner's Motion to Continue is hereby GRANTED.
It is further ORDERED AND DECREED that this matter shall be continued until
3
the 1* day of , 206 I at a?' ?c lock in Courtroom #
The Attor ey for the Respondent shall be responsible for giving actual notice of
the continuance as well as the new mandatory Court date to his client. T4,e-faitm"-4
c
Distribution:
Philip Bricknell, Esquire, Office of Chief Counsel, Third Floor, Riverfront Office Center,
Harrisburg, PA 17104
Tim M. Barrouk, Esquire, The McShane Firm, LLC, 4807 Jonestown Road, Suite 148,
Harrisburg, PA 17109
J
,C 10L 6
JUDGE
i,?a a ' It ; o ; i JL?
FREDERICK JOYCE, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-6059 CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,:
BUREAU OF DRIVER LICENSING
Respondent LICENSE SUSPENSION APPEALS
ORDER OF COURT
AND NOW, after hearing, we find the Commonwealth
has met its burden of proof, and the appeals are DISMISSED.
By the Court,
Edward E. Guido, J.
Philip Bracknell, Esquire
For the Respondent
? Tim M. Barrouk, Esquire
For the Petitioner
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