HomeMy WebLinkAbout12-2244
MARK F. BAYLEY, ESQUIRE
BAYLEY & MANGAN
17 WEST SOUTH STREET
CARLISLE PA 17013
(717) 241-2446
ATTORNEY ID NO. 87663
VERNON LEE MOORE,
Appellant
vs.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ?a --a-`ly Cb???
LICENSE SUSPENSION APPEAL
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR
SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1)
AND NOW comes the Appellant, Vernon Lee Moore, by and through his attorney,
Mark F. Bayley, Esquire, and avers as follows:
1. Appellant resides at 847 Bower Road, Shermans Dale, Pennsylvania, 17090.
2. Appellant received notice from the Commonwealth of Pennsylvania
Department of Transportation, mailed March 7, 2012, stating that as a result of his
alleged violation of Section 1547 of the Vehicle Code (Chemical Test Refusal) on
February 11, 2012, his driving privilege was being suspended for a period of 18 months,
effective April 11, 2012, at 12:01 a.m. A copy is attached hereto as Exhibit "A".
3. Suspension is improper in that
(a) The required implied consent warnings were inadequately provided;
(b) Appellant did not intend to refuse testing; and
(c) 75 Pa.CS 1547 is unconstitutional based upon, including but not
limited to, the Fifth and Sixth Amendments of the United States Constitution.
(d) For other reasons to be determined after testimony is obtained at the
hearing
4. The within appeal is being timely filed on April 9, 2012 in that the Cumberland
County Courthouse was closed on Good Friday, April 6, 2012.
WHEREFORE, your Appellant respectfully requests this Honorable Court
to schedule an evidentiary hearing on the matter, to grant a Supersedeas pursuant to
the Vehicle Code, and to enter the attached order.
Respectfully submitted,
BAYLEY & MANGAN
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Mark F. Bayley, Es uire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MARCH 07, 2012
VERNON LEE MOORE WID * 120606746623807 001
847 BOWER RD PROCESSING DATE 02/29/2012
DRIVER LICENSE # 20303935
SHERMANS DALE PA 17090 DATE OF BIRTH 07/15/1951
Dear MR. MOORE:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1547B1II of the
Pennsylvania' Vehicle Code. As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL,
on 0211112012:
¦ Your driving privilege is SUSPENDED for a period of 18
MONTH(S) effective 04/11/2012 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 04/11/2012. You may
surrender these items before, 04/11/2012, 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 $13.50. You must present two (2) forms of proper iden-
tification (e.g., birth certificate, valid U.S. passport,
marriage certificate, efc.) 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
A
120606746623807
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.
Please note: Paying the restoration fee DOES NOT satisfy
the requirement to acknowledge your suspension/revocation.
If you have not acknowledged your suspension/revocation,
please follow the instructions listed under "Complying with
this Suspension/Revocation".
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, MARCH 07, 2012, 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 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
120606746623807
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 04/11/2012.
Sincerely,
9?zx ?-- - Z g vtt)
Janet L. Dolan, Director
Bureau of Driver Licensing
INFORMATION 8:00 a.m. to 5:00 p.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 www.dmv.state.pa.us
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §
4904 relating to unsworn falsification to authorities.
Date
Vernon Moore
VERNON LEE MOORE,
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.
: LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the
within document 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
f
Mark F. Bayley, squire
VERNON LEE MOORE,
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. /I _ ?--) y 4j cI
LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this day of Yz , 2012, upon consideration of
this APPEAL FROM SUSPENSION OF OPE TOR'S PRIVILEGE AND REQUEST FOR
SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1), it is Ordered that a
hearing on the matter shall be held on the /S day of
at _ o'clock 0 _ 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 the appeal is resolved.
By the Court:
J.?
CD
J
Distribution:
PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center,
Harrisburg, PA 17104-2516
VMark F. Bayley, Esquire
cop, e-6 M4. )ei,l t
VERNON L. MOORE,
Petitioner
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON,
PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
NO. 12-2244 CIVIL TEF~II
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AND NOW, this 15"' day of August, 2012, the appeal filed in the above-
captioned matter is CONTINUED and RESCHEDULED for the 24~' day of October,
2012, at 1:30 p.m., in Courtroom no. 5 of the Cumberland County Courthouse,
Pennsylvania.
Attest:
BY THE COURT:
J.
/ Mark F. Bayley, Esq., Bayley & Mangan, 17 West South Street, Carlisle, PA 17013
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/ Philip M. Bracknell, Esq., Pennsylvania Department of Transportation, Office of Chief
Counsel, Riverfront Office Center, 3`~ Floor, 1101 South Front Street, Harrisbu ,
PA 17104-2516
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VERNON LEE MOORE,
Appellant
vs.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PF_,NNSYI,VANIA
No. 12-2244 CIVIL TERM.
LICENSE SUSPENSION APPEAL.,
MOTION TO WITHDRAW LICENSE SUSPENSION APPEAL
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AND NOW, comes Vernon Lee Moore by and through his attorney, Mark F. Bayley, and
in support of the within motion avers as follows:
l . The Honorable Christylee L. Peck is assigned to the above matter.
~'.. The Appellant agrees to withdraw the above docketed License Suspension Appeal.
3. Attorney Philip Bricknell, on behalf the Commonwealth of Pennsylvania, Department
of Transportation, Bureau of Driver Licensing, agrees that the previously entered supersedeas
shall be vacated on April 20, 2013 and the Appellant's previously scheduled license suspension
will commence at 12:01 A.M. on said date.
Respectfully submitted,
BAYLEY & MANGAN
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Mark F. Bayley,.~uire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court LD. # 87663
cc: Mark F. Bayley, Esquire
VERIFICATION
1Vlark F. Bayley, states that he is the attorney in relation to the within matter; 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. §4904, relating to unsworn
falsification to authorities.
~~~~
Date: `
Mark F. Bayley, Esquire
VERNON LEE MOORE,
Appellant
vs.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS~'LVANIA
No. 12-?244 CIVIL TERM.
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
1, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within
document 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
Attn: Philip Bricknell, Esquire
Third Floor, Riverfront Office Center 3rd Floor
1101 South Front Street
Harrisburg, PA 17104-2516
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VERNON Ll/E 1VIOORE, IN THE COURT OF COMMON PLEAS OF
Appellant :CUMBERLAND COUNTY, PENNSYLVANIA
vs. 1Vo. 12-7.244 CIVIL TERM
COMMONWEALTH OF :LICENSE SUSPENSION APPEAL
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION, :
BUREAU OF DRIVER
LICENSING,
Appellee
ORDER OF COURT
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AND NOW, this ~~ day of ~.: ~~~;/~ , 2012, upon the Appellants
motion, the above docketed appeal is hereby dismissed. Pursuant to agreement by the parties the
supersedeas previously granted with regard to the Appellant's driving privileges shall vacate on
April 2iJ, 2013 at 12:01 A.M. at which time the suspension of his driving privileges will.
commence.
By the Court:
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Honorable 'stylee L. Peck
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VERNON LEE MOORE, IN THE COURT OF COMMON PLEAS OF
Appellant :CUMBERLAND COUNTY, PENNSYLVANIA.
vs. No. 12-2244 CIVIL TERM.
COMMONWEALTH OF :LICENSE SUSPENSION APPEAL
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee :
MOTION TO WITHDRAW LICENSE SUSPENSION APPEAL
AND NOV4~, comes Vernon Lee Moore by and through his attorney, Mark F. Bayley, and
in support of the within motion avers as follows:
I , The Honorable Christylee L. Peck is assigned to the above matter.
2. The Appellant agrees to withdraw the above docketed License Suspension .Appeal.
3. Attorney Philip Sricknell, on behalf the Commonwealth of Pennsylvania, Department
of Transportation, Bureau of Driver Licensing, agrees that the previously entered supersedeas
shall be vacated on Apri120, 2013 and the, Appellant's previously scheduled license suspension
will commence at 12:01 A.M. on said date.
Respectfully submitted,
BAYLEY & MANGAN
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
{71,7) 241-2446
Supreme Court LU. # 87663
cc: Mark F. Bayley, Esquire
VERIFICATION
Mark F. Bayley, states that :he is the attorney in relation to the within utter; 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. §4944, relating to unsworn
falsification. to authorities.
Date:
Mark F. Bayley, Esquire
VERNON LEE MOORE,
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. 12-2244 CIVIL TERM.
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
1, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within
document 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
Attn: Philip Bricknell, Esquire
Third Floor, River&ont Office Center 3rd Floor
1101-South Front Street
Harrisburg, PA 17104-2516
Mark F. Bayley, Esquire