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Home My WebLink About98-00099 FlL/:D-OFFICE or: 7J.tr: flPIJflJONOTMY F/I,w,cm:r: C,r: 1,'" , '(, ': ';-U: JTN]',' 9n JMIII, Pit 2124 CUMlJUIIA'(1) COUN7Y PENN5YI.\lANL~ 9[) m:r, 31 PII 2: L,D el)" "L'" "UI"fY IV"~;;:I h.". 1 J \..1",' ~ FENNti\'L~/iN~A ~ .' , ,1 dam\fulto" COMMONWEALTH OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO .fJ:l/- qq c~ 0d",~ GEORGE C. FULTON, JR., Defendant ArPEAL FROM SUSPENSION OF DRIVER'S LICENSE COMES NOW, the Appellant, GEORGE C. FULTON, JR., by and through his attorneys, ALLEN SHAFFER & ASSOCIATES, and hereby appeals the Pennsylvania Department of Transportation's suspension of his driving privilege. In support thereof, he avers as follows: 1. The Appellant's driving privileges are being suspended because he was convicted, on March 19, 1996, of fleeing a police officer. At the time of the offense, which occurred on December 29, 1995, the Appellant was suffering a nervous breakdown and was not responsible for his actions. He was not emotionally able to defend himself of the charges against him. A copy of a letter recently written by his psychiatrist is attached hereto as Exhibit IIA". 2. Two years have passed since the offense. 3. The Appellant will be prejudiced by the time delay in imposing the license suspension because he is now employed full- time, and has a child due in February, 199B. He needs his license to drive to his place of employment and to take his fiance to her doctor's appointments. She does no~ drive. It is important to Mr. Fulton's emotional well-being that he be able to meet his responsibilities to his employer, his fiance, and to his unborn child. .- . .' . . , 4. The Appellant was also convicted of Reckless Driving as a result of the incident that occurred on December 29, 1995, and has already served a six (6) month license suspension. 5. The Appellant would not have committed the offenses that resulted in license suspension had he been mentally competent. 6. The Appellant is now mentally competent. WHEREFORE, the Appellant, GEORGE C. FULTON, JR., respectfully requests that this Honorable Court sustain the instant appeal and allow him to retain his driving privilege. DATE: ~h8 ~ & -ff'. ~~ / Barbara ALLEN S FFER & ASSOCIATES 129 Market Street Millersburg, PA 17061 (717) 692-2345 Dear SirlMs., This leller is to inform you of the circumstances surrounding George's violation of Section 1571(9)(4). He is due to have his driver's license suspended on 1/20/98. Mr. Fulton was severely mentally ill and acting in a bizarre manner at the time of this offense. He was admilled to the Holy Spirit Hospital P~ychiatric Unit from 12/30/95 to 1/10/96. His diagnosis was Brief Reactive Psychoses. Mr. Fulton responded well to antipsychotic medication and has been followed as an outpatient at Holy Spirit Hospital since the time of his offense. George currently is employed full-time, is married with a child due in February, 1998. He needs his license to drive to his place of employment. Please consider these facts before suspending his license. Thank you for your time. Respectfully, -.. ~HOLY Sl:ImI Bureau of Drlver Licensing P.O. Box 68693 Harrisburg, P A 171 06.8693 December 18, 1997 RE: George Fulton DaB 12120/51 Ret. No. 24689828 Fred R. Maue, M.D. A Service of Holy Spirit Health System 503 North 21st Street. C3mp Hill, PA 17011.2288 (717) 763.2100 ...f"':"1\ . ~ , . . , , I I ! t j \ ,f iJ " ":\ I EXHIBIT A ; 'I' '. Ir, 'I. :\i ill !: ) ,\ I [",," , '{ !,. " i'~ "'I " i'I" .' ,. (-' 7/.c; 'JJ'- ?'l C~~- ,I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau Df Driver Licensing Harrisburg, PA 17123 DECEMBER 16, 1997 ~ GtORGt C FULTON JR 2225 ORCHARD RD RtAR APT CAMP ~ILL PA 17011 ~7343bl1244b777 001 12/0'l/1~~7 24b8'1828 12/20/1~51 Dear MDtDrist: As a result of your conviction on 03/19/1996 of violating Section 3733 of the Vehicle Code, FLEEING POLICE OFFICER on 12/29/1995, your driving privilege is being SUSPENDED for a period of 1 YEARCS) as mandated by Section 1532B of the Ve- hicle Code. In order tD cDmply with this sanctiDn you are required tD return any current driver's license, learner's permit and/Dr temporary driver's license Ccamera card) in YDur PDssessiDn no later than the effective date listed. ' If you cannot com- ply with the requirements stated abDve, YDU are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanctiDn against your driving privilege. Failure to comply with this nDtice shall result in this Bu- reau referring this matter tD the Pennsylvania State Police for prosecutiDn under SECTION 1571Ca)C4) of the Vehicle CDde. Although the law ~an~ates.that ~o~~'~~iving privilege is un- der suspension even if you dD not surrender YDur license, Credit will not begin until all current driver's license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. j WHEN THE DEPARTMENT RECEIVES YOUR LICENSE DR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, ':YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~~ective date of suspension is 01/20/1998. 12:01 8.m. Please see the enclDsed applicatiDn for rest Drat ion fee in- formation. .' .. . ., " ..: )~~~U.~~ ~~l'~.'. , . , . .. ~l .' ......., '. ':!.'->. .... ,~.~ .... " r (' '. 973436112446777 < You will be notified of anv outstanding restoration require- .ents approximately 30 days before the eligibility date of the restoration of your driving priVilege. You must follow those instructions very carefully, in order to have your driving privilege restored. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (DECEMBER 16, '1997) of this noticII. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. , THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR. RIVERFRONT OFFICE CENTER HARRISBURG. PA. 17104 Sincerely, ~~,~ J Rebecca L. Bickley. Director Bureau of Driver ~icensing SEND FEE/LICENSE/DL-16LC/TO: Department' of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 711-391-6190 1-800-228-0676 717-391-6191 i ;' I ~ ; r " , , , , 4~ . , , , DL.326 (9/951 CERTIFICATION . DATE January 30, 1998 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, Is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation, As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced In the attached certification, IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ~J-~ BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 12/16/97, effective 01/20/98; 2) Report of the Clerk of Court of CUMBERLAND County, convicted 03/19/96, seal attached to original, and 3) Driving Record, which appears in the file of the defendant GEORGE C. FULTON, JR., operator's no. 24689828, date of birth 12/20/51, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. Commonwealth's EXHIBIT ::L.. 3/?,O/Q' - tW/f CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. ~~6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. ~ C& t ~~SEAL RE6EGCA L. BICKLEY, DIRECT~ BUREAU OF DRIVER LICENSING ,\ \ ! i , I . ., [ , ' I < ''. ..-. COH~ONWEALTH OF PENNSYLVANIA DE~ARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DECEMBER 16, 1997 --.- .--. .-.- G[ORG[ C FULTON JR i!i!i!5 ORCHARD RD RUR APT CAnp HILL PA ~70~1 '7343b~~244b777 OO~ ~210'/~"7 24be,e2e 12/20/1'51 Dear Motorist: As a iesult of your conviction on 03/19/1996 of violating Saction 3733 of the Vehicle Code, FLEEING POLICE OFFICER on 12/29/1995, your driving privilege is being SUSPENDED for a pariod of 1 YEARlS) as .andated by Section 1532B of the Ve- hicle Code. In order to co.plY with this sanction you are required to return any current driver's license, learner's per.it and/or te.porary driver's license lca.era card) in your possession no later than the effective date listed. If you cannot co.- ply Nith the reQuire.ents stoted above, you are required to sub.it a DL16LC For. or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to co.plY with this notice shall result in this Bu- reau referring this .atter to the PennsYlvania State Police for prosecution under SECTION 15711a)(4) of the Vehicle Code. Although the law Mandates that your driving privilege is un- der suspension even if you do not surrender your license, Credit will not begin until all current driver's license productls), the DLI6LC Form, or a letter acknowledging your sanction is received in this Bureau. WNEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT, IF YOU 00 NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE OEPARTHENT IMMEDIATELV. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~~ect1ve date of 8u8pen810n i8 01/20/1998, 12:01 a.m. Please see the enclosed application for resloration fee in- for.lllt i on. . .7S411U 12446777 You will be notified at any outstanding restoration requira- .ent. approxi.ately 30 days before the eligibility date of the re.toration of YOUr driving privilege. Vou .ust follow tho.e instructions very caretully in order to have your driving privilege restored, Vou haVe the right to appeal the Depart.ent's action to the Court of Co..on Pleas (Civil Division) within 30 days of the .aU date (DECEMBER 16. 1997) at this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file fro. the cri.insl conviction. TN. APPIAL MUST BE SENT BY CERTIFIED MAIL TOI PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, ~~\~ Rebecca L. Bickley, Director Bureau ot Driver Licensing SEND FEE/LICENSE/DL-16LC/TOI Depart.ent of Transportation Bureau of Driver Licensing P.O. Box 68693 HarriSburg. PA 17106-8693 INFORMATION (7100 IN STAT!: OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO ..00 P") 1-1100-952-4600 717-1I91-U'0 I-BOO-2211-067' 717-1I91-U'1 I I t t t, ~ REPORT OF THE CLERK OF COURTS SHOWING THE CONVICTION OR ACQUITTAL OF ANY VIOLATION OF THE VEHICLE CODE Defendant Information e or Print Clearl Sox Da Th. V.hicl. Code Act of ~uae 17, 197& P.L. 1&2 Section all amen e . ' : VC3733 Check thie block if the off.n.. occurred whi e tr.neportlna a ~_ H.z.rdQu, M.teri.l r.quirea to uw Pl.e rded. tion ~r.~~ k~~~n~3.~:dA~~g;4:fV:; D .trict ttorn.y. . Mth Day '''1' /DL-2hiU-II3) ~. GEORGE CHARLES JR AddI!11 CHISTNUT ST APT 1 Ch.ck this block if the offenlle occurrrd ~hi e d~ ving a C~.r c.l Vehicle. AMENDED REPORT Mth 12 Zip Code 17011 YSi~U-tli6 Ko. No. stat. , ;. . Sub.ection Clau.. : ). .o' ~;. ":, ~~ u.. a ..p.r.t. fOrM for ..ch ch.rg.) PLlIJRO OR ATTEMPTING TO ELUDE VJOLATJOK COMMITTID (check one), lu.lAry Mi.d....nor X Felony . - -- ROt., if I~rv. Int.r Origin.l Cit.tion . ~r If-.v.ll.bl., S.nt.na., If .rt~ viol.tion - .nter COlTS ~r'lilung .pe.d .nd legal .peed. Thl under.if;.d ,ertifi.. 1h.t the fOr.- GO na i-I a ,rtf i.d recor of. conv ction Or aequ tt. no . pro.equ llAL \ ' ---~ ~vLt~_~__:1L~~~~___________ !!!!~!!~ o rt. D.te IIOTI, IIot.for u.. With A DISP. (u.. DL-21A) Or ~or a conv ction if .ny .ct in WftiOftAa JUdg. a.terM n... th.t . .otor y.hle . ~e. ....nti. ly involv.d lU.. L-;UB). JKPORTm' Undi .f Section 6323 of the Vehicle If t · aand.torY thft the clfrk '.. J h curt. ".P9rt Ul-vio .t1one Q the 1 f elf COd. to tn. Bur..u of Driver ), ' el8. na. i: IIID , r.au of Driv.r Lic.n.ing f BOX li0037. Hllrr .burg. Pa 1710&, b , "'';'',''''1;)) Det. of A Month '!i~':J, ':,'.. ,""., .. ,~,~~. ... ~!;1 . . ~r , I '~"',~ 1,:- .,' "'. Uta Day '.ar COURT INFORMATION Court of Co..on Pl... .~ ~ ", County of HUIlblll' CUMBIRLAJa) 103 USl6 Y.ar OTN 10075.00 Act 122 T~..t..nt Required (ch.Ck on.) IfO ..!.. YES Affix:Act122 Staap H.re .-.' ,. l' PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFICATION STATEMENT JAN 27 1998 DRIVER: GEORGE C FULTON JR 3344 CHESTNUT ST APT 1 CAMP HILL, PA 17011 DRIVER LICENSE (DL) DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE PAGE 1 : 24689828 : DEC 20 1951 : MALE : REG LICENSE ------------------------------- COMMERCIAL DRIVER LICENSE (CDL) --------------------------------- LICENSE CLASS : LICENSE ISSUE DATE: LICENSE EXPIRES : MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS M DEC 22 1997 DEC 31 2001 1 CDL LICENSE CLASS CDL LICENSE ISSUED CDL LICENSE EXPIRES CDL ENDORSEMENTS CDL RESTRICTIONS CDL LEARNER PERMITS CDL LICENSE STATUS . . SUSPENDED : A* DEC 22 1997 DEC 31 2001 P T N B SUSPENDED PROBATIONARY LICENSE (PL) --------------------------------- PL LICENSE CLASS PL LICENSE ORIG ISS : PL LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS : . . . . OCCUPATIONAL LIMITED LICENSE (OLL) --------------------------------- OLL LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES : OLL LICENSE STATUS *** CONTINUED *** : , I . . j PAGE 3 CERTIFICATION STATEMENT - JAN 27 1998 - LICENSE NUMBER 24689828 CONTINUED -------------------------------------------------------------------------------- REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD i , I ~ *** END OF RECORD *** ~ ~ t :p ~ t , r , .~ .~ !~ 1 'H -r . , PAGE 4 CERTIFICATION STATEMENT - JAN 27 1998 - LICENSE NUMBER 24689828 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~~,~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:JAN 27 1998 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. , I j SINCERELY, ~~~ SECRETARY OF TRANSPORTATION -', SEAL . , COMMONWEALTH OF PA. VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE C. FULTON, JR. 98-99 CIVIL TERM IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, March 30, 1998, 10:09 a.m., the testimony having been closed, and the attorneys having furnished various case citations to the court for the court to review, we will take the case under advisement pending review of these cases. By the court, George H. Kabusk, Esquire 1101 South Front Street - 3rd Harrisburg, Pa. 17104-2516 For the Commonwealth Floor - C~4 t>t~ <J.1;Jlf(~, A- ~. Rebecca Margerum, Esquire 129 Market Street Millersburg, Pa. 17061 For the Defendant \,l;<' //\l,I,:;NI'!J:\ \ I' I!....-...\ (I'" T I' .l'-'~"'.~nl" 1_1"'\1\"':' ',', ".,'./\I...J :mtf OU I~. 1',1 Z- UdV eo v ...J .I }LrI1:'" '( '\'" ,:.11 .If) \01 \....',v'11.~"J.. ': ." ,- - . 3J!:l:lO-O:l1l:J " COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-0099 CIVIL TERM v. GEORGE C. FULTON, JR. IN RE: DEFENDANT'S APPEAL FRQM SUSPENSION OF DRIVER'S LICENSE ORDER OF COURT AND NOW, December 31, 1998, In accordance with this opinion, Defendant's request that the Court sustain the Instant appeal and allow Defendant to retain his driving privileges Is denied. By the Court, George H. Kabusk, Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For the Commonwealth '_:c../ 1;;l../BI/'18. ~U~~~ ~,~ Barbara J. Patton, Esquire Allen Shaffer & Associates 129 Market Street Millersburg, PA 17601 For the Defendant George C. Fulton, Jr. COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-0099 CIVIL TERM v. GEORGE C. FULTON, JR. 9PINION Hoffer, J.: In this opinion, we address Defendant's request for the Court to sustain the instant appeal and allow Defendant to retain his driving privilege. FACTUAL BACKGROUND Defendant was convicted on March 19, 1996, of violating Section 3733 of the Vehicle Code (fleeing a pollee officer on December 29, 1995). This conviction was not certified to PennDOT until November 14, 1997. Penn DOT sent out an official notice of suspension dated and mailed December 16, 1997 DISCUSSION The Defendant, in challenging the revocation of his license, bears the burden of proving that there has been an unreasonable delay between his 98.0099 CIVIL TERM conviction and the revocation of his operating privilege. Billtham v. Com.. ~, 663 A.2d 868....871jPa.Cmwlth. 1995). But PennDOT Is chargeable with delay only from the point when It receives the certificate of conviction. Dep't. of Transp.. Bureau of~lcenslnQ v. Turner. 155 Pa.Commw. Ct. 106, 634 A.2d 759, 761 (1993). Consequently, a delay that is not attributable to PennDOT, such as the failure of a clerk to certify the conviction to the Department In a timely manner, cannot serve as a basis for the Invalidation of a license revocation. Fordham, 663 A.2d at 871. The Courts have interpreted the law to mean that PennDOT Is required to send out notices of suspension within a reasonable period of time. Tumer, 624 A.2d at 761. As a matter of law, a five month delay of notice of suspension, attributable to PennDOT, has been held to be reasonable. Id. And, conversely, a nineteen-month delay, attributable to PennDOT, has been held to be an unreasonable delay. Id. Unreasonable delay alone is not enough to overturn a suspension without a licensee also showing that he has suffered prejudice as a result of the delay. Turner, 624 A.2d at 761. Prejudice Is shown when the licensee proves that he changed his circumstances in reliance on the belief that his 2 98-0099 CIVIL TERM operating privileges would not be Impaired. kt. The record shows that the Clerk of Courts certified Defendant's conviction on November 14, 1997. We can assume that PennDOT did not receive notice of certification before that date and shortly after that time, approximately a month, PennDOT mailed Defendant's official notice of suspension dated December 16, 1997. Since PennDOT Is only responsible for delay from the date It receives the certification of conviction, the delay at issue In the present case Is only one month. One month Is clearly a reasonable delay. Since a one month delay Is clearly reasonable, we need not address the issue as to whether or not this delay caused Defendant to suffer prejudice. 3