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Home My WebLink About05-2114 ~ . . TIMOTHY LLOYD BAKER Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVAN A v. NO.()S- ;),1'-1 Civil Term Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM LICENSE SUSPENSION AND NOW. comes the petitioner. Timothy Lloyd Baker, by and through his ounsel, R. Mark Thomas, Esquire, and files this Petition of an Appeal from the Notice of lcense Suspension which he received from the Commonwealth of Pennsylvania and in support thereof rcspectfu II Y represents: I. Timothy Lloyd Baker, is an adult individual who resides at 1090 Highlan Drive, Mcchanicsburg. Cumberland County. Pennsylvania 17055. 1 The Commonwealth of Pennsylvania Department of Transportation as its principal oftice locatcd on the Third Floor, Riverfront Office Center, Harrisburg, auphin County, Pennsylvania 17104-2516. 3. On or about March 6. 2005. your petitioner was stopped in Lowe Allen Township by Lower Allcn Township Police Department, and was subsequently charg d with Driving tinder the Influence of Alcohol. 4. At the time of the stop by the police otlicer, the petitioner was place under arrest. taken to thc booking ccnter in Carlisle and requested to submit to a breathalyzer est. 5. Your pelitioner suffers from chronic lung condition and was unable to c ntinue exhaling long enough to give a valid test result. 6. Thc booking centcr otlicer told Petitioner she was going to take him for' blood test. to which petitioner agreed.. ~ '. 7. The officer then said, "No, I am just going to mark you down as a refusal.' 8 Petitioner had already admitted to the arresting officer that he had been rinking alcohol and was not trying to avoid prosecution. 9. Petitioner was not physically able to provide a sufficient breath sample. 10. By letter dated March 24, 2005 (a copy of which is attached) petitio er was notified that his driver's license was being suspended for one (I) year effective April 28, 005. \ 1. Your petitioner necds to be able to drive pending the outcome of his appea . WHEREfORE, petitioner prays that this Honorable Court will schedule a heari g with regard to Petitioner's Appeal or his license suspension and further requests that this c urt not schedule such hearing until such time as the appeal for the underlying conviction h s been decided. Respectfully submitted, bt:ulf~P?1t;-? R. Mark Thomas,'Esquire ID# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 ~ CERTIFICATE OF SERVICE 1. R. Mark Thomas, Esquire. hereby certify that 1 have served a copy of the within document on the fol1owing hy depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania. Postage pre-paid, addressed to: Pennsylvania Department of Transportation Onice of Chief Counsel Third Floor. Riverfront Office Center lIarrisburg, P A 17104-2516 Date: If /25/05' ;()/~I/~~~ R. Mark Thomas, Esq. VERIFICATION I verifY that the statements made in the foregoing document are true and cor ct. I understaild that false statements herein are rnade subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: <-lJ 1- 05' . . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 24, 2005 TIMOTHY LLOYD BAKER 725 WEST SIDDONSBURG RD WID t 050766128032077 PROCESSING DATE 03/17/ DRIVER LICENSE. 22821 DATE OF BIRTH 03/13/19 01 005 82 1 DILLSBURG PA 17019 Dear MR. BAKER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BlI of the PennsYlvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/06/2005: . Your driving privilege is SUSPENDED fo~ a pe~iod of 1 YEAR(S) effective 04/28/2005 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 04/28/2005. You may surrender these items before, 04/28/2005, 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. passport, marriage certificate, etc.) in order to obtain Your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive YOu~ 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 items to: , . . .. ~ 050766128032077 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 licensees), 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 3 weeks, please contact our office. Otherwise. vou 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 157l<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. APPEA!.. You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date. MARCH 24. 2005, of this letter. If YOU file an appeal in the County cou~t, the Cou~t will give you a time-stamped ce~tified 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 04/28/2005. iQ li:. -- ~ oJ 1-J c; ~ ~ ~ LJ F -0 :s /5 ~, ~.; Cl ";.n ,~ :::l '.. -,-< C") r....) RECEIVED APR 27 2UffJ"'l I;j TIMOTHY LLOY!) BAKER Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O.~- ;)...//4 Civil Term Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYLVANIA !)EI'ARTMENT OF TRANSPORTATION, Respondent ORDER AND NOW, Ihis 1_ day or ~~ ' 2005, upon considcration of the within Appeal of the I.iecnse Suspension imposed by the Commonwealth of Pennsylvania, Department of Transportation, and the request by the petitioner that the license suspension be stayed until such time as he has had an opportunity to be heard on lhis appeal, it is hereby ordered Ihat the license suspension imposcd by the Commonwealth of Pennsylvania, Department of Transportation, dated March 24, 2005 and effective April 28, 2005, is hereby stayed pending lhe outeomc or this appeal. ^ hearing is hereby sehedulcd on the appeal of lhe license suspension for the _J ~ day of C{).,L~~ ___' 2005, at IJD__o'clock a..m./p.m. in Courtroom No. --'"}. _ of the U /1- Ii,', p_ u:lA-L<-<<-w-- / Cumberland County Courthouse, I,Jarriu~nrg, Pennsylvania. /)/ i ( .T. ce: ~gal Office, Deparlment of Transportation V1( Mark Thomas, Esquire A ppcllant / ~;?"iCl9 ,f:/D .- [T< .2. \.-.-' ,r) \~{~~': UJI.l- :dl..u Ll-:.t: \_. Ll- e> "" _7 ~ .,-- ....;;':; ...,.... C"J \ >- o<.,-;:C .'- .... >P = = ""'" "') o .~/---- TIMOTHY LLOYD BAKER Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2114 Civil Term : Appeal From Suspension of Driver's License COMMONWEALm OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw the Appeal From License Suspension which was filed on April 22, 2005. Respectfully submitted, ~?L4IJ7~ R. Mark Thornas, Esquire ID# 41301 101 S. Market Str,eet Mechanicsburg, PA 17055 (717)796-2100 cc: George Kabusk, Esq. (") c ,.., = c;..-, <.n L_ c= t-~ r'" '-I) N , ~, ~',