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Home My WebLink About00-08650 ,~"'-~" I" , ~ ,,",,- "c'_ ~,-..:L _'_'~.' -~'_'. _~j DONALD R. GAY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 00-8650 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of February, 2001, upon relation of G. Patrick O'Connor, Esq., that the above matter has been resolved and he has filed a praecipe to withdraw the appeal, the hearing scheduled for March 2, 200 I, is cancelled. BY THE COURT, G. Patrick O'Connor, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Petitioner Gt 1. George Kabusk, Esq. Office of Chief Counsel Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent ^:) ~,O\ ~ Cf\V 0 1--- ~ :rc - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. GAY, NO. 00-8650 Civil Petitioner CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES PRAECIPE TO WITHDRAW TOTHEPROTHONOTAR~ Please mark the APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES filed on December 18, 2000, in the above-captioned action, as Withdrawn. Thank you for your consideration. Dated: February 27, 2001 ~ G. Patrick O'Connor, Esquire Attorney for Plaintiff !.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 170 II Phone: 717-737-7760 . . ~~ ~ , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. GAY, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent NO. 00-8650 Civil CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States mail, certified mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104 DATE: September 28,2001 ~~~ ~~o'connor, Esquire AttomeyNo.64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner _, k _~ , - ~- ''''1i. , t DONALD R. GAY, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent "- ~ .,. ~ s - _ - c -.- '. ' > --, - l~ I I I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-8650 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of December, 2000, upon consideration of Petitioner's Appeal from Suspension of Operator's License Privileges, a hearing is scheduled for Friday, the 2nd day of March, 200., at I :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. G. Patrick O'Connor, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Petitioner George Kabusk, Esq. Office of Chief Counsel Department of Transportation Commonwealth of Pennsylvania 3rd Fl., Riverfront Office Center I 101 South Front Street Harrisburg, P A 17104-2516 Attorney for Respondent :rc BY THE COURT, ~ ~ I:J..:H-w 'f"':- , . d~ ~-.",~~-,~, < 0-- ""," ,-,' ^'. ,,- -r .~--~ . , =<',"',,'. .~ ," "'~: ,LS):,~_~;:~.\~\~~.~::)\'i-\r;N r,~':: \../' rr ? ~~ f~:'; 2~ OG GO er. .' ---,-, ,,"'\,.I ,_ :-', ('( ;iJr~ 1 ,:.,,--"\', _'..\'..J 'J'-" CUNHO.J" ~:;~~~I;\.C,,\~\ \IN\\\F\ I C.\"'~ - .,. " >~._~~_~_ = "'d' "" .~ -""';' . ""hO" ,~ - (lj~- ~.~~~'~'~'!ffl!l'#W~~!I:(Il~~"'ll"~!RI!~_~, ,,'^_ __,_J,(tl~ .i" ,,_ _, > J ~ .j ,. ~ ,~,.;,. ~ ~ ....;.Lci'''" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner No.{f)-S600 C;o'l \ DONALD R. GAY, CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES ORDER AND NOW, this day of , 2000, upon consideration ofthe instant Petition, it is hereby ordered and decreed that a Rule to Show Cause why the herein Petition should not be granted shall be issued on the Respondent, the Department of Transportation. Rule returnable: It is hereby further ordered and decreed that the suspension of operating privileges of the Petitioner, Donald R. Gay, which took effect December 12,2000, for alleged violation of Section 1543A of the Motor Vehicles Code on October 13, 2000, is hereby set aside and, unless the Petitioner shall be ineligible to operate a motor vehicle in Pennsylvania for any other reason, his operator's license privileges shall remain in full force and effect until further order of this Court. Judge @ ~~ . . -,- ',L , .~- -, . '" ';, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: , PENNSYLVANIA DONALD R. GAY, NO. (J()- rc.~ ~ I~ Petitioner CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 13th day of December, 2000, comes the Petitioner, Donald R. Gay, by his attorney, G. Patrick O'Connor, Esquire, and presents the following appeal: I, The Petitioner, Donald R. Gay, is an adult individual residing at 130A South Front Street, Wormleysburg, Pennsylvania 17043. 2. The Petitioner has been notified by the Department of Transportation that, effective December 4,2000, his driver's license privilege has been suspended for a period of one (I) year as a result of an alleged violation of Section 1543A of the Vehicle Code, Driving While Suspended/Revoked, on November 17, 2000. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 3. The Petitioner pleaded guilty to the charge of Driving While Suspended/Revoked on November 16,2000, to the District Justice in Magisterial District No. 41-3-04, Newport, Pennsylvania, in the mistaken belief that his license would not be suspended for one year as the result of the conviction. " ~~""~~~" . . -', ,i ~ ~ _. 4. Subsequently, the Petitioner has filed an appeal for a trial de novo in the Court Of Common Pleas Of The 41st Judicial District of Pennsylvania, Perry County Branch on or about December 13, 2000, which is within the 30-day time limit allowed for an appeal to be filed. 5. The Petitioner believes that, at trial, he will be found not guilty of violation of Section 1543A of the Vehicle Code for which the instant suspension has been imposed. 6. In the altemative, the Petitioner avers that the Respondent had failed to notify the Petitioner of his suspension prior to the date of his alleged violation, that said failure was the result offraud and a breakdown in the administrative system of justice, that the Petitioner had no knowledge of his suspension prior to the alleged violation, and that the Petitioner relied to his detriment that he was not under suspension. 7. The Petitioner respectfully reserves the right to file additional and supplemental reasons in support of the instant Petition should additional facts or defenses be later discovered by counsel. WHEREFORE, PURSUANT TO 75 P.S. Section 1550, the Petitioner respectfully requests that this Honorable Court set a hearing on this matter and that it further order the immediate restoration of Petitioner's vehicle registration privileges until further Order of this Court. T- ~ , .~-~ ......" .!ll~; " Respectfully submitted, ~~#~ /G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner .L ~'-~"1 VERIFICATION I, DONALD R. GAY, verifY that the statements set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. (;J.AI 12-. ~ Donald R. Ga~ etltlOner Date: 12--8'-00 ~" ;;.-~ ""- -I, . -. ~" ~" ~ i-, .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. GAY, NO. Petitioner CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States mail, certified mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104 DATE: /;/J/n} / . . Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner . : ,. ~~ ~ f' '" - "'" ~. ''1,-Oa11 C.'-'-Mbu\lo...oi ~ .~.... \j COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 27, 2000 DONALD R GAY 130 A SOUTH FRONT ST WID I 003259283985800 001 PROCESSING DATE 11/20/2000 DRIVER LICENSE I 23301848 DATE OF BIRTH OS/20/1974 WORMLEYSBURG PA 17043 LICENSE IN BUREAU Dear MR. GAY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section l543 of the Pennsylvania Vehicle Code. As a result of your ll/l7/2000 conviction of violating Section l543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on lO/l3/2000: . Your driving privilege is SUSPENDED for a period of 1 YEARCS) effective 12/04/2000 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send yOU a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if yOU do not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDOT is notified if you move from your current address. You may notifY PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. EXHIBIT "A" , ~J ~ ,~ '""" folk' '""""""'. -~.. ,,"........" j' . 003259283985800 . . ~ I ~,".'-~- ~" ilI"- . . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 3D days of the mail date, NOVEMBER 27, 2000, of this letter .11' YOU 1'ile an appeal in the County Court, the Court will give yOU a time- stamped certi1'ied COpy 01' the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied COpy of the appeal by certified mail to: Pennsylvania Departmento~ Transportation Office of Chief Counsel Th~rd Floor, R~verfront Office Center HarriSburg, PA l7l04-25l6 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, , ; ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensihg ") SEND FEE/L ICENSE/DL-.l6LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA l7l06-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) l-800-932-4600 717-39l-6l90 l-800-228-0676 717-39l-6l9l