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HomeMy WebLinkAbout14-3735 Supreme CourtofrPennsylvania Court of Co nmon'Pleas For Prothonotaiy Use Only: d Ciy.ilCOT.pr';Sheet Docket No:i4.. .. County (1—3 -7 3 The information collected on this form is used solely for court administration purposes. This form does not • supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition O Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T c.-3nflu b or\ri`Z n Rn�s. -os COMM. ©F c4 b�:f'' of -rc� 3s ), Bu et 'U c* I Are money damages requested? ❑Yes No Dollar Amount Requested: ❑within arbitration limits 1 "t--- (check one) 0 outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes LM No Is this an MDJAppeal? 0 Yes 0 No in av i , , / A Name of Plaintiff/Appellant's Attorney: - 0 Check here if you have no attorney(are a S- •-Re 1sented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional 0 Buyer Plaintiff Administrative Agencies O Malicious Prosecution ❑ Debt Collection:Credit Card• 0 Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance isr Dept.of Transportation O Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include ❑ Employment Dispute: E mass tort) 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT O Asbestos N 0 Tobacco O Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ❑ Other: 0 Ejectment 0 Common Law/Statutory Arbitration B } 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus ❑ Landlord/Tenant Dispute 0 Non-Domestic Relations • Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYQuo Warranto ❑ Mortgage Foreclosure: Commercial ❑ Dental 0 Partition 0 Replevin O Legal 0 Quiet Title 0 Other: O Medical 0 Other: ❑ Other Professional: Updated 1/1/2011 PILE 1H> ,.-'RO T HONO`17,R MARK F. BAYLEY, ESQUIRE 23111 JUN 23 PH : E 3 BAYLEY & MANGAN 17 WEST SOUTH STREET CUMBERLAND COUNTY CARLISLE PA 17013 PENNSYLVANIA (717) 241-2446 ATTORNEY ID NO. 87663 BRANDON TYLER BOWERS, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14- 3 COMMONWEALTH OF : LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT • OF TRANSPORTATION, • BUREAU OF DRIVER • LICENSING, • Appellee • APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND REQUEST FOR SUPERSEDEAS PURSUANT TO VEHICLE CODE SECTION 1550(b)(1) AND NOW, comes the Appellant, Brandon Tyler Bowers,by and through his attorney, Mark F. Bayley, and avers as follows: 1. Appellant resides at 1020 Bridge Street,New Cumberland, Pennsylvania, 17070. 2. Appellant received notice from the Commonwealth of Pennsylvania Department of Transportation, mailed June 05, 2014, stating that as a result of his alleged violation of Section 1547 of the Vehicle Code(Chemical Test Refusal) on May 25, 2014, his driving privilege is being suspended for a period of 18 months, effective July 10, 2014, at 12:01 a.m. A copy is attached hereto as Exhibit"A". 3, 7 S.-,cic4-3g4O 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.C.S. 1547 is unconstitutional based upon, including but not limited to, the Fifth and Sixth Amendments of the United States Constitution; and (d) For other reasons to be determined after testimony is taken at a hearing. 4. A supersedeas pending the disposition of the within appeal is appropriate pursuant to Vehicle Code Section 1550(b)(1). 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 62., Mark F. Bayley, Esq ire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 BRANDON TYLER BOWERS, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14- COMMONWEALTH OF : LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT : OF TRANSPORTATION, • BUREAU OF DRIVER • LICENSING, • Appellee VERIFICATION Mark 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 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JUNE 05 , 2014 BRANDON TYLER BOWERS WID # 141496075112075 001 1020 BRIDGE ST PROCESSING DATE 05/29/2014 DRIVER LICENSE # 29431457 NEW CUMBERLND PA 17070 DATE OF BIRTH 07/02/1991 Dear MR. BOWERS: 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 05/25/2014: • Your driving privilege is •SUSPENDED for a period of 18 MONTH(S) effective 07/10/2014 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 07/10/2014 . You may surrender these items before , 07/10/2014, 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 27. 50 . 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 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 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 a EXHIBIT items to : 141496075112075 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 three (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 . 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" . 141496075112075 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 05, 2014, 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 Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 07/10/2014. Sincerely, i/OZI6i;ZP4 Kara N. Templeton , 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 BRANDON TYLER BOWERS, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14- COMMONWEALTH OF : LICENSE SUSPENSION APPEAL PENNSYLVANIA, • PENNSYLVANIA DEPARTMENT • OF TRANSPORTATION, • BUREAU OF DRIVER • LICENSING, • Appellee 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 Mark F. Bayley, Esquire 5 BRANDON TYLER BOWERS, 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. 14- 313 3 : LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ,g176 day of r.) r -- >c --) ---c-) , 2014, upon consideration. -of tkis CD 1 APPEAL FROM SUSPENSION OF OPERATOR'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 /eet, day of ��% fir , , at q'o'clock 't -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: ileex J. D' tribution: PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ✓ Mark F. Bayley, Esquire CCS S P241 t.lai y BRANDON T. BOWERS, IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, • NO. 14-3735 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • BUREAU OF MOTOR VEHICLES, APPEAL OF DRIVER Respondent • LICENSE SUSPENSION ORDER AND NOW, this 16th day of October, 2014, the appeal filed in the above- captioned matter is WITHDRAWN, and the suspension which is the basis of this appeal shall become effective on March 16, 2014. BY THE COURT: n:4 rn rn r r 5r "-• CP .• -.. w t Attest: Mark F. Bayley, Esq., Bayley & Mangan, 17 West South Street, Carlisle, PA 17013 placed <4.14-4/ 41`te. , per - .3- peck Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eon ded