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Home My WebLink About09-5785MATTHEW JOHN CONDON, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 57P 5 ?- LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Matthew John Condon, by and through his attorney, Mark F. Bayley, and respectfully avers the following: 1. Appellant resides at 5325 Oxford Dr., Apt. 120, Mechanicsburg, PA 17055. 2. Appellant received notice, mailed August 4, 2009, stating that as a result of an alleged "substance abuse condition," his driving privilege is being suspended indefinitely, effective August 25, 2009, at 12:01 a.m. A copy is attached hereto as "Exhibit A". 3. Suspension is improper in that Appellant has no such "substance abuse condition." 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 Date: t 9 Mark F. Bayley,,Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 MATTHEW JOHN CONDON, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 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: / l l Mark F. Bayley, Esquire Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPAR'T'MENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 8/412009 MATTHEW JOHN CONDON 5325 OXFORD DR APT 120 MECHANICSBURCY FA 17455 Dear. Mr. MATTIdEW JOHN CONDON- recallns We have received medical information indicating that you have a Substance Abuse condition which prevents you from safely operating a motor vehicle. As of 0812512009, you may no longer drive, Your driving privilege is hereby recalled. indefinitely as mandated by Section 1519(e) of the Vehicle Code. This decision has been made by comparing your medical condition with the standards recommended by our Medical Advisory Board and adopted by this Department. This action. will remain in effect until we receive medical information that your condition has improved and you are able to safely operate & motor vehicle. in order to comply with this action, you must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before the effective date listed above. If you cannot comply with the requirements stated above, a sworn affidavit stating that you are aware of the sanction against your driving privilege must be submitted. When the Department receives your license or affidavit, we will send you a receipt. If you do not return all current driver license products, we roust refer this mutter to the Pennsylvania State Police for prosecution under SECTION 1571(a) (4) of the Pennsylvania Vehicle Code_ YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENT'Ik'TCATTON PURPOSES. However, you may apply for and obtain a photo identification. card at any Driver License Carter. 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 have the right to appeal to the Court of Common Pleas (Civil Division) within thirty (30) days of the mail date of this notice. 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 copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 You still must send in your license before the effective date of recall unless you appear in person before a judge and receive an order permitting you to continue driving. If you have my questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, PA 17106-8682 or call (717) 787-9662 between the hours of 8:00 a.m. and 4:15 p.m.. Sincerely, 144?-'bdm) Janet L Dolan, Director Bureau of Driver Licensing Driver License 4 29973806 Aft (ii'« - CUMBERLAND COUNTY, PENNSYLVANIA ADULT PROBATION AND PAROLE DEPARTMENT ROOM 302 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 June 15, 2009 Matthew J. Condon 5325 Oxford Dr., Ap0120 Mechanicsburg, PA 17055 RE: Alcohol Highway Safety School (DUI School.) Dear Mr. Condon: Franklin County has referred you to this office for the purpose of scheduling you for the DUI School. You may elect to attend one of the .following available schools: 1. Mechanicsburg Night DUI School. - held at First Church of God Community Center, 201 E. Green St., Mechanicsburg, PA. 2. Mt. HollX Weekend DUI School - held at the Citizens Fire Company St., 100 Chestnut St., Mt. Molly Springs, PA. 3. Mechanicsburg Weekend DUI School - held at The First Church of God Community Center, Mechanicsburg, PA. 4. Carlisle Dav DUI School - held at The Carlisle Alliance Church, 237 E. North St., Carlisle, PA. 5. Multi-Offender DUI School - held at the Carlisle Alliance Church, 237 E. North St., Carlisle, PA. In order to enroll, you must return the enclosed form along with your payment. This department must receive the enrollment form and your $200.00 payment within one month of the date of tbi.s letter; otherwise, we will return your case to the referring department/agency. Upon receipt of your payment, you will be notified of your class dates, location, times, etc. We will try to enroll you in the class you select, however, based on the nwnbers we may have to switch you to another location. Please note that our next available set of classes will begin August/September, 2009. Sincerely, Nicole H, Galbraith ?' Probati.onl arole Officcr Telephone Adud Probalion (717) 240.6255 CostsMines (717) 240.6275 Toll Free 1 888 687.0371 Fax (717) 240.5480 Email, Adultf Qb&U0D0..rCp4.not Telephone DUI Program$ (717) 240-5280 Day Reporting (717) 240.5454 Fan Day Reporting (717) 240-5452 MATTHEW JOHN CONDON, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, attorney for Appellant, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: ? ocU Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Oil,) - Mark F. Bayley, Esquire Attorney for Appellant c,k_ 2 y -7U ?g53sJ 0 AUG 2 4 2009 MATTHEW JOHN CONDON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09 - 7 5 ?u? l TcN. COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this aZ7 day of , 2009, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a hearing on the matter shall beheld on the 1A day of ?iL/, 2009, 0130o'clock R 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 Appellant's appeal is resolved. By the Court: A? J. D' tribution: 'A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 .,Bayley & Mangan, 17 West South Street, Carlisle, PA 17013 Mark Bayley, Esquire II __ t ?(d.S i'Yl.d l.l?c? 4?? 107 FILE' .,,') - ; dF THE 2009 SEP - i AM 1 I : 1 MATTHEW JOHN CONDON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-5785 CIVIL COMMONWEALTH OF PA, DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER AND NOW, this 8" day of September, 2009, hearing in the above-captioned matter set for November 12, 2009, is continued to Thursday, December 3, 2009, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 1 4 4/r, Hess, J. ? Mark F. Bayley, Esquire For the Appellant hillip Bricknell, Esquire For PennDOT :rlm eOat FS rnzaLq L I 90/0? F ?i {CE OF THE PROTH C.N{7TA9Y 2009 SEP -8 AM 9: 4 9 C UMBEN- -- b COUNT'S PENNXVANIA MATTHEW JOHN CONDON, Appellant VS. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 5785 LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE AND NOW comes the Appellant, Matthew Condon, by and through his attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is assigned to the within matter. 2. Appellant received notice, mailed August 4, 2009, stating that as a result of an alleged "substance abuse condition," his driving privileges were being suspended indefinitely. 3. Appellant appealed said suspension on August 21, 2009; a supersedeas was granted. 4. Appellant's suspension was based on an accident he had while operating his vehicle at a high blood alcohol level. 5. Appellant has no prior record and is 27 years old. 6. Appellant is currently participating in an 8 week outpatient program which he expects to complete in January of 2010. 7. Philip Bricknell, Esquire, has no objection to continuing the hearing currently scheduled for December 3, 2009 in order to determine whether or not Appellant successfully completes his outpatient program. 8. The next date scheduled for suspension appeal hearings is February 23, 2010. WHEREFORE, the Appellant respectfully requests that his hearing be continued to February 23, 2010. Date: Respectfully submitted, BAYLEY & MANGAN Mark F. B ey, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 MATTHEW JOHN CONDON, Appellant VS. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 5785 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: -\ yfi Mark F. Bayley, Esquire Attorney for Appellant MATTHEW JOHN CONDON, Appellant VS. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 5785 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, attorney for Appellant, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: 6 -01) Pennsylvania Department of Transportation Office of Chief Counsel Attn: Philip Bricknell, Esquire Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Attorney for Appellant n r' i n{T Sal'` S t 'O' F,, ,,. 50 k Tv ~'E~ ~ ~ 1U~n(h MATTHEW JOHN CONDON, Appellant vs. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ~~~; •-:,t _~- ~-: ~~ r Til'~ - ,: ~~; ~, ..~: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09 - 5785 LICENSE SUSPENSION APPEAL c~ ~. c~ ~;~ `~ w .~' _ .. : -_ r :~. ORDER OF COURT ~ ~,' AND NOW, this o~~/~ day of ~ , 2010, the hearing previously scheduled for February 23, 2010 is hereby continued to_,~i''_ /5 oZ~O/p at o'clock in Courtroom #4 of the Cumberland County Courthouse. The Supersedeas previously granted pursuant to Vehicle Code Section 1550(b)(1) remains in effect. D' bution: A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ayley & Mangan, 17 West South Street, Carlisle, PA 17013 Mark Bayley, Esquire ~C~Jt£S ~6(~ a~zs~~o ~~ By the Court: