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Home My WebLink About06-3474 MARK F. BAYLEY, ESQUIRE IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY ID NO. 87663 ATTORNEY FOR APPELLANT v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0 (, - 347'-1 ~ Ib-. SCOTT P. PHILLIPS, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Scott P. Phillips, by and through his attorney, Mark F. Bayley, Esquire, and respectfully avers the following: 1. Appellant resides at 1426 Timberbrook Drive, Mechanicsburg, PA 17050. 2. Appellant received Notice mailed May 19, 2006, stating that as a result of his alleged chemical test refusal on April 22, 2006, his driving privilege is being suspended for a period of one year, effective June 23,2006, at 12:01 a.m. A copy is attached hereto as Exhibit "An. 3. Suspension is improper in that Appellant was not capable of performing a chemical test as offered and, therefore, did not refuse. 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, IRWIN & BAYLEY Mark F. Bayley, uire 64 S. Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 # 87663 Attorney for Appellant Date: June 19,2006 SCOTT P. PHILLIPS, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Scott P. Phillips, 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. 94904, relating to unsworn falsification to authorities. Date: June 19, 2006 lJVUS Mark F. Bayley, Esquire Attorney for Appellant SCOTT P. PHILLIPS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Notice of Appeal 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 M,Lk1G Attorney for Appellant Dated: June 19, 2006 JUN-13-2006 12:43 FROM: TD:2439200 P.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 'MAY 19, 2006 SCOTT P PHILLIPS 1426 TIMBERBROOK DRIVE WID I 061326187727958 001 PROCESSING DATE 05/12/2006 DRIvER LICENSE' 23451510 DATE OF BIRTH 12/30/1974 MECHANICS9URG PA 17050 . P-!l!!r M_~,_ PHI.LLIP.51 This is an Official Notice of the Suspension of ~our Driving Privilege as authorized . b~ Section 1547BlII of the Penns~lvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL. on 04/2212006: . Your driving privilege is SUSPENDED fo~ a pe~iod of 18 MONTH(S) effective 06/23/2006 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 06/23/2006. You ma~ surrender these items before. 06/23/2006. for earlier credit; however. you may not drive after these items are surrend'ered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, ~ou 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 . i de.ntil'ic.aUo.n _.~.. g~ . -.hil't-A-' eeI'U-fi....at~,. --V'S"li-d -U.-S-.-- ....- passport, marriage certificate. etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving anll suspension .until we receive your 1icense(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 ~our driVing privilege. You must specifY in your letter whY YOU are unable to return your driver's license. Remember: You mall not retain lIour driver's license for identification purposes. Please send these items to, eKHI B lr"A" JUN-13-2006 12:43 FROM: TO: 2439200 P.3 061326187727958 3. Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg. PA 17106-8693 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 3 weeks, please contact \!!,l r r;Lf f_i..ce.-----D.t:.he rw u.e,. .~-u..---w,W.l--f'Io.t b-e- --g-i v-e"" ere di:t--- toward serving this suspension. PennDOT phone numbers are listed at the end of .this letter. 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. 2. PAYING THE RESTORATION FEE You must PaY a restoration fee to PennDDT 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. ,...---"-"-- -A.P,J2.E.A.b~ - . -..--'- .-'- --- -. - -. - -- You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 19, 2006, 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 tOI 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 06/23/2006. JUN-13-2006 12:43 FROM: TO: 2439200 P.4 061326187727958 SincerelY, .b,.e~ Janet l. Dolan, Director Bureau of Driver licensing . ...... _ INFORMATION 8:00 lLm~.to 6:..0.0 D.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.Da.us ---,-" --...--, -----. --- -~- .... r f ~ "-' .-.:-~ _,-CO;) .::) C,.(\ ":h '- i:, J? :;:! -.:. .,'..... ffl :JJ -.() '-l r~- "" '" l.O CJ c;. -, (.~) .. -.,;; .~ ~. (~~ (;.~ r;~) c-f 'd r') J' C> :'~J -< , . v. JUN 2 (I 2006 U3y:----. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Ol,. 3'171./ ~ lob- j SCOTT P. PHILLIPS, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ~ ORDER OF COURT AND NOW, this ;)fo day of .:ra,.-R. , 2006, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered-that a hearing on the matter shall be held on the ,;rday of ~ . 2006, at1:~'cIOCk A 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 this Honorable Court resolves this appeal. J. !f:tri bution: ~~, Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Irwin & Bayley, 64 S. Hanover St., Carlisle, PA ~rk F. Bayley, Esquire ~ p\Q ~ O\J ..tLf (":~ 'f::' II -J L 2 ~.'nr' CiOn? -..!l." ',... "; I" , _'_'lI,oJ Ai:J\i:LU\JU:UC:.'d :!i-!l .:f0 :C!:Hi-(FJlJ:f MARK F. BAYLEY, ESQUIRE IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE P A 17013 (717) 243-6090 ATTORNEY ID NO. 87663 ATTORNEY FOR APPELLANT SCOTT P. PHILLIPS, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06 - 3474 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Appellee MOTION TO WITHDRAW LICENSE SUSPENSION APPEAL AND NOW, comes Scott P. Phillips, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within Motion avers as follows: 1. Scott Phillips has a License Suspension Appeal hearing currently scheduled for September 1, 2006 at 8:45 AM in Courtroom #3. 2. Mr. Phillips now wishes to withdraw said appeal and has no objection to its dismissal. WHEREFORE, Appellant requests that the hearing date scheduled for September 1, 2006 be cancelled and his appeal dismissed. ~ -- ){)--~ Respectfully submitted, IRWIN & BAYLEY ~~ 64 S. Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. # 87663 Attorney for Appellant Dated: SCOTT P. PHILLIPS, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3474 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Appellant, Scott P. Phillips, 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. 94904, relating to unsworn falsification to authorities. ~/ ~o-r1o Ma~ Attorney for Appellant Date: SCOTT P. PHILLIPS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06 - 3474 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion to Withdraw License Suspension Appeal upon the following by hand delivery, addressed as follows: George H. Kabusk, Esquire Penn DOT - Office of Chief Counsel Riverfront Office Center 1101 South Front St., 3rd Floor Harrisburg, PA 17104-2516 Dated: ~/3'~ M~ire Attorney for Defendant n r- ,....., c~ c:::> c.r'" :r::: c~~,_ GJ (..) o o -1'1 -I :C-n rnp -n~ ."""\'1.---.."' ~ ~'i Ii, l j::.y', -'(1 y!:~~ -...~ '"j:) :...<. en CO r 'RECEIvED! ~. AUG a 1 2006 'BY: J1I}(/ ", r' oJ SCOTT P. PHilLIPS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06 - 3474 CIVil TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL ORDER OF COURT ANDNOW,this ,,1" day of ~ , 2006, upon the Appellant's request, the above-captioned License Suspension Appeal is dismissed. The hearing currently scheduled for September 1, 2006 at 8:45 AM in Courtroom #3 is hereby cancelled. J. Distribution: ) Mark F. Bayley, Esquire . George Kabusk, Esquire Cj --(, ~06 ~ ~ . 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