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Home My WebLink About06-3548 MARK F. BAYLEY, ESQUIRE IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY ID NO. 87663 ATTORNEY FOR APPELLANT VICTOR A. LEMUS, SR., Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O&.- 3$''17 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, Victor A. Lemus, Sr., by and through his attorney, Mark F. Bayley, Esquire, and respectfully avers the following: 1. Appellant resides at 97R Autumn Drive, Enola, PA 17025. 2. Appellant received Notice mailed May 22, 2006, stating that he would be suspended as a result of failing to comply with the required special examination, his driving privilege is being suspended for a period of one year, effective June 26, 2006, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Suspension is improper in that Appellant has already or will comply with any and all requirements. 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 00.0(;--2:[ ~ l~~"'ffi 64 S. Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID # 87663 Attomey for Appellant VICTOR A. LEMUS, SR., Appellant v. 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 ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Victor A. Lemus, Sr., 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: (1/ -/ Z{ -ci:p ~~;~ Attorney for Appellant . . VICTOR A. LEMUS, SR., 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 0.",6- ZI ~ Mark F. Bayley, quire Attorney for Appellant COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION' Bureau of D~iver Licensing H~rrisbur9. pi 17123 MAV 22. 2006 VICTOR A LEMUS SR '11ft AUTUMN LN EN'OLA PA 11Q25 WIn .' O~135'2230517!5 001 PROCESSING DATE 05/1S/200b DRI~ER LICENSE' 24725183 DATE Of BIRTH ' 02/02/1~b3 _._ .__ ....D.e a~ ..JlD..t ......i,s t.: .,....,.. , , ' ,~._'. .,__,_' ......:....-n'_.~._.-_.__ ',.~ '.,". _.'-:-~._..".":'""--~--:-:-_.-:-~---' -- , , " ' , ' , , An' indl!finite's'usPl!nsion wil'l be imposed under Section' 1538 of t,he' Vehicle Code " on the effective date list"d below. as a. result of your, fa,ilure to comply with the reQuir..d Special E~amin.tion. Ih order to comply with this sancti~n you ar.. required to return any current driver's licen~e. iearnl!r's permit and/or temporary driver's lic.~se (camera ~ardJ in your possl!ssion no later than thl! effel::Uve, date ,listed. If yoU can"ot comply with the re~uire"'en~s' stated above, yOU are reQuired to submit a DL16LC Form or a sworn affidavit ~tating that YOU are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsvlv..nia State ~olice for prosecution under SECTION 1571(a)(4) of the Vehicle Code. WHEN THE DEPARTMENT R,ECEIVES YOUR LICENSE OR '_ ACKNOWLE,IlGEMEN:r.,~, "~~,. ~nLL SEND YOU A ~gEIP_I.,- .1LVP.lln.I;l,tLllltI _ ____ -", "IiECElVE'THTs RECEIPT WITHIN Hi DAYS CONTACT THE bEPARTMENT ' ' IMMEDIATELY. OTHERWISE, YOU WILL NOT BE G1VEN CREDIT TOWARD ' SERVING THIS SANCTION. The effecttve date cf auspension i. 06/26/2006. 12:01 a.m. Pleas.. s... the enclosed application for restoration fee 1nformiltion. You have the right to appeal the Departml!ot's a~tion to thl! Co~rt of Common Pleas (Civil'Div1sion) within 30 days of the "",~l dat~ (MAY 22. 2006) of, this notice., PI.EASE NOT!: that t~1s Civ11Appeal is in additidn:to any apo.~l YOU have to 111.. fram the criminal conviction.. 1!ooI<<,.;., 1.'1'. t? '!-HIll! T 1111 " ......... ,d W~,S:60 900c 6, 'unr 968cLS6L,L: 'ON X~~ ~3Nla 311I~S^~~: W~~ -- -J ~ ~ - ~ ....... (') r-c' 0 c:-:! ~:;: c::> ~ ;,j--" ( ..... :C-n L rnp: IT", "" ,--;, 'c . -~1 .J ;0,'-) t,) :~ ~ 0 ~:D N .-<: RECEIVED JUN 22 woe Y () \. '7 v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. U(P - 354 8' ~ VICTOR A. LEMUS, SR., Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~1jv\ day of a.,......e.. ,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 J,pr day of ~, 2006, af!Dbo'cloCk 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. Distribution: 0A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Irwin & Bayley, 64 S. Hanover St., Carlisle, PA 17013 JdIark F. Bayley, Esquire ~ .~ \)\9 A~.i' -::i'\ln8 I 0 :8 WJ 9Z r goDZ AH'vlCi":;~):'LIJ'_1d 3H1 jO 3Jio-,-".n'nu ,. . MARK F. BAYl-EY, ESQUIRE ATTORNEY 10 NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR APPELLANT VICTOR A. LEMUS, SR., Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3548 CIVIL LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Kindly withdraw the above-captioned Appeal. Date: % --' 1 ~ {/p ~,~ IRWIN & BAYLEY 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 1.0. # 87663 Attorney for Appellant .. . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3548 CIVIL LICENSE SUSPENSION APPEAL VICTOR A. LEMUS, SR., Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that 1 this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, 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 Court Administration Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: ~-1-{i; Mark F. Bayley, Esqui Attorney for Appellant ~ . 2 ~ ~ ~ ; .".. \\ ~~ c::: ..:c. G:'> S;; I ~e -l ..., :ZS :J: S;;C f') ~ ~ .' ~ 0 J::"