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Home My WebLink About01-05366e MASON REIDT MCCLELLAN, Plaintiff v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 19 2001-~~~ C?tV i CIVIL ACTION -LAW On the day of 2001, the above matter was presented to the Court. The appeal of the Petitioner's suspension of operating privileges has been timely filed; and it is; ORDERED that the operating privileges of MASON REIDT MCCLELLAN not be suspended on September 21, 2001, and thatthe notice ofPennsylvania Department of Transportation suspending the same shall be superseded until further Order of this Court; and it is ORDERED that on the ~ day of ' 2001, in Courtroom No. at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at ~ ~ ~~ .m, there shall be a hearing to determine the merits of Petitioner's Petition. BY THE COURT: ~, J. r 7S1~ •~. ;.., is i?.i~ Y'..~ I i.~ , -. .,.,~ r h ~~..~ MASON REIDT MCCLELLAN, Plaintiff v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, befendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (62001 -~3Cofp Cev+`l CIVIL ACTION -LAW PETTTION TO APPEAL DRIVER'S LICENSE SUSPENSION TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW, comes Mason Reidt McClellan, Petitioner herein, and files this Petition to appeal the suspension of his driver's license by the Pennsylvania Department of Transportation, and in support thereof states as follows: 1. On or about August 17, 2001, Petitioner received notification that his operating privileges has been suspended for a three (3) month period of time, effective September 21, 2001. A true and correct copy of the Suspension Notice is attached hereto as Exhibit "A", and incorporated herein by reference. 2. The Pennsylvania Department of Transportation alleges that the basis for the suspension is a violation of 75 Pa. C.S.A. §6308 (offenses related to alcohol) on June 5, 2001. 3. Mr. McClellan's conviction for violation §6308 of the Motor Vehicle Code has been appealed to Your Honorable Court. 4. A successful appeal of this conviction will vitiate the basis for the proposed suspension. 5. Petitioner has reason to believe that an injustice has been done to him in the attempted suspension of his license privileges, and that the suspension is without any basis. WHEREFORE, Petitioner, MasonReidtMcClellan, praysforleaveto appealthePennsylvania Department of Transportation's ruling of a suspension of his driver's license and, further, for an Order rescinding the suspension of his driving privileges. TZMAN & SHIPMAN, P.C. Date: ~~11,~6~ By ua D. L ck, Esquire to aiey ID 17092 20 Market S reet P. 0. Box 12 8 A 17108-1268 Attorney for Petitioner 68036.1 VERIFICATION I, Joshua Lock, Esquire, hereby acknowledge that I un the attorney for MASON REIDT MCCLELLAN, that I have read the foregoing PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements hereui are made subject to penalties of 1 b Pa. C.S. X4904, relatuig to unsworn fall Date: ~~,'V'ol Sep-05-O1 O1:39P Evergreen Environmental 717 232 7626 P.O2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 17. 2001 MASON REIDT MCCLELLAN WID * 0122261D1598103 001 342 WILLOW AVENUE PROCESSING DATE 08/10/200b DRIVER LICENSE # 26379343 CAMP HILL PA 17011 DATE OF BIRTH 04/12/1983 Dear MR. MCCLELLAN: As a result of your violation on 06/05/2001 of violating Section 63D8 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(Sl as mandated by section 1532D of the vehicle code. The effective date of suspension is 09i21i2001, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspensionirevocation, we cannot restore your driving priv- ilege until all the requirements are satisfied, COMPLYING WLTH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learners permits, temporary driver's licenses Ccamera cards) in your possession on or before 09/21/2001. You may surrender these items before, D9/21/2001, far 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 9.00. Ynu must present two (2) farms of proper iden- tification (e.g., birth certificate, valid U.S. passport. marriage certificate, etc.) in order to obtain Your photo identification card. You will not receive credit toward serving any suspension until we receive your 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 nata- Sep-d5-O1 01:40P Evergreen Environmental 717 232 7626 ,P.03 01222610I598I03 rized 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: Pennsylvania Department of Transportation Bureau of Driver Licensing P,O. Box 68693 Harrishurg, PA 17106-8693 2. Upgn receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permitCs)r and/ar a_swarn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you 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 pra- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(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 fallowing 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 Pagel on the check or money order to ensure proper credit. ---- 3. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that You provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you da not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDOT is notified if you move from your current address. Yau may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. -_ - $:i- Sep-b5-O1 01:40P Evergreen Environmental 012226101598103 717 232 7626 ,P_04 APPEAL Vou have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 17, 2001, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order far your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail ta: 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 09/21/2001. Sincerely, Rebecca L. 8ickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 ,m, IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-341-6191 WEB SITE ADDRESS www.dot.state.pa.us CERTIFICATE OF SERVICE I, Joshua D. Lock, Esquire, do hereby certify that I served a true and correct copy of the foregoing PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION upon the person(s), the manner, and on the date indicated below. Service by U.S. Mail, 1st Class, Postage Prepaid: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfi-ont Office Center Harrisburg, PA 17104-2516 TZMAN & SHIPMAN, P.C. Date: ~~~} ~0 w By Josh Lock, Esq ire Attorn ID #17092 320 M ket Street P. O. Bo Harrisburg, PA 17108-1268 Attorney for Petitioner ~ -,n -c, ~ ~ - <~ - ~: ,=, - KJ ` 1 - c~ c>' . ~j ~ ~ ~ c: w r~ -< : l (~ --- MASON REIDT MCCLELLAN, Plaintiff vs. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5366 CIVIL CIVIL ACTION -LAW IN RE: LICENSE SUSPENSION APPEAL ORDER r AND NOW, this S day of December, 2001, at the request of counsel for the plaintiff, hearing in the above matter is continued generally pending a decision in the matter of Com. v. McClellan at 01-1611 Criminal. BY THE COURT, Joshua Lock, Esquire For the Plaintiff George Kabusk, Esquire For PennDOT :rlm 320 MARKET STREET STRAW BERRY SQI~AR F. P. D. BOX 1268 • HARRISBH RG, PENNSYLVANIA 1J10$-1268 717.234.4161 • 717.234.6808 (FAX) GOLDBERG, ICATZMAN f~ SHIPMAN, P.C. ATTORNEYS AT LAW February 28, 2002 CF COUNSEL F. LEE $HIPMAN COUNSEL, JOSHUA D. LOCI( ARNOLD B. KOGAN ARTHUR L. GOLDBERC (1951-2000) HARRY B. GOLDBERC (1961-1998j RONALD M. KATZMAN P E AUL J. SPOSITO NEIL HENDERBHGT J. JAY GDGPEk THOMAS E. BRENNEk JOHN A. $TATLEFi APRIL L. STRANG-KUTAY GUY H. BRGDKB JEFFERSON J. $HIPMAN ]FRAY ]. RDBSp MICHAEL J. CRDGENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELORENZD JOHN R. NINDRKY ROYCE L. MDRRIB DAVID M. STECKEL HEATHER L. FERNRLER The Honorable Kevin A. Hess, Judge Cumberland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ,.,-----.,~ .--~ ~. Re: M n Reidt McClellan v. Commonwe th of Pennsylvania, D. .T. No. 2001-5366 Dear Judge Hess: /,~ ,ter Following his convi or nlawful Possession and Consumption of Alcoholic Beverages While Under the Age of 21, Mason McClellan was notified by the Department of Transportation of its intent to suspend his motor vehicle operating privileges. An appeal from that suspension was filed and Your Honor scheduled a hearing thereon for December 5, 2001. An appeal was also filed from Mr. McClellan's conviction on the underlying summary offense. In conjunction with that appeal a motion to suppress evidence obtained as a result of a warrantless search was filed. Because JudgeBayleyhadscheduled ahearing on our suppression motion for December 6, 2001, I requested that your office generally continue our license suspension appeal. You were kind enough to grant that request. By Order dated December 6, 2001, Judge Bayley granted our request to suppress evidence and, on notification that the Commonwealth had not appealed the Court's decision and now lacked any admissible evidence to implicate Mr. McClellan in the charged misconduct. On January 28, 2002 Judge Bayley issued a Verdict sustaining our appeal and fording Mr. McClellan not guilty. A copy of that Verdict is enclosed herein for your convenience. GARLI$LE OFFICE: J1J.24S.0S9J • YORK OFFICE: J1J.S43.J912 t'IP~v'/1-b~JNh1.~,G~ nr~ !} ~E I aJ~~•l _ _ 'fM1 rv~. _. G[~ By letter dated February 12, 2002, a copy of which is enclosed herein, I provided the Department of Transportation with a copy of Judge Bayle}~s Verdict. On February 22, 2002, the Department responded to my letter and indicated that, `t'he matter could be disposed of by you withdrawing the appeal ...." A copy of the D.O.T. correspondence is also enclosed. Because the Department has already rescinded and deleted any record or notation of a violation for underage drinking and no longer seeks suspension of Mr. McClellan's license, there is no need to proceed with this matter. I have enclosed herein a Praecipe withdrawing our appeal. I hope that this will be sufficient to remove this case from Your Honor's docket. If anything further is needed, won't you please let me know. Thank you. JDL:kjm Enclosure Respec y s, . ~OC.P2 Josh .Lock cr. CCeorge H. Kabusk, Esquire Assistant Counsel, Department of Transportation ~ss9i.i February 12, 2002 Commonwealth of Pennsylvania Department of Transportation Office Office of Chief Counsel 1101 S. Front Street, 3`d Flaor Harrisburg, PA 17104-2516 In re: Mason Reidt McClellan v. Pennsylvania Department of Transportation{No. 2001-5366 Civil) C.P.: C.C. 01-1661 Criminal Term Dear Sir/Madam: Enclosed herein please find a Verdict entered- by the Honorable Edgaz B. Bayley, Judge, Cumberland County Court of Common Pleas sustaining the appeal of MasonReidtMcGlellanfromhis convictionforUnlawfiillyPossessingand Consuming Alcoholic Beverages While Under the Age of 21 and entering an verdict of not guilty to the charged offense. Based on this offense the Department ofTransportation sought to suspend Mr. McClellan's operating privileges. Judge Bayley's verdict vitiates the underlying conviction justifying the proposed suspension. An appeal- from the suspension of Mr. McClellan's operating privileges was originally scheduled before the Honorable Kev'm A. Hess of the Cumberland County Court of Common Pleas on December 5, 2001 but was continued pending Judge Bayley's n,li ~. I trust that, Judge Bayley having ruled in this matter, you will take the appropriatesteps tohave this matter remanded to theDepamnentofTransportationfor corrective action. ffthere is any need forme to take any action to secure redress, won't you please let me know. Thank you for your anticipated cooperation. Respectfully, JDL:kjm Joshua D. Lock Enclosure 75186.1 COMMONWEALTH OF PENNSYi.VANIA :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA VS. MASON REIDT MCCLELLAN Defendant :NO. 01-1661 Criminal Term VERDICT AND NOW this day of , 2002, the parties having agreed that, following the suppression Order entered by this Court on December 6, 2001, no admissible evidence exists to .implicate the above-named appellant/defendant in unlawfully possessing and consuming alcoholic beverages while under the age of 21 in violation of 18 Pa.C.S.A. §6308(a), the- appeal filed by Mason Reidt McClellan is sustained and it is the verdict of the Court that he is "not guilty" of the charged offense. Distribution: David J. Freed, District Attorney Joshua D. Lock, Esquire ~aziz.i r' w COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW-DIVISION RiVERFRONT OFFICE CENTER-THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 VOICE: (717)787-2830 TELEFAX: (717I70Si122 February 22, 2002 Joshua D. Lock, Esquire Goldberg, Katzman & Shipman 320 Market Street Strawberry Squaze P.O. Box 1268 Harrisburg, PA 17108-1268 Re: .Mason Reidt McClellan v. Commw. of Pa., DOT, BDL, Cumberland County, 2001-5366, License Suspension Appeal Dear Attorney Lock: I am in receipt of your correspondence indicating that your client was found not guilty upon appeal of violating of Secrion 6308 of the Crimes Code, violation date June 5, 2001. As a result, the Department has rescinded and deleted from your client's driving record the violation of 6308 as well as the three month suspension. Please find attached a computer printout confirming the same. A hearing was scheduled for December 5, 2001, at 9:30 a.m. in the Courtroom number 4, Cumberland County; Cazlisle but then continued generally pending a decision in the underlying summary matter. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal or by having a hearing and having the matter dismissed of as moot. If you choose to file a praecipe to withdraw, kindly provide me with a copy of the praecipe so that I may close-out my file. If you have any questions, please feel free to call me. Sincerely, r [G George H. Kabusk Assistant Counsel I ~ `C7201500 2DL01510 TRAFFIC SAFETY INQUIRY LIST A0730309 02/21/02 CU5tO1Tler 26379343 MCCLELLAN,MASON,REIDT Interlock Cntr Date of Rirth 04/12/83 Six Point entr Suspension Cntr 000 Total Points Driver Privilege: 00 DUI Cntr 00 00 CDL DQ Cntr 00 00 CDL Major Cntr: 00 CDL STO CNTR 00 Vi01/OCC SeCtlOn C011VlCt Trans Unc Eff Rein Chng St D Date Viol Date Action Date Ind Date TS Pts Cnt Cy Q 02/20/02 RESCIND 08/10/01 00 001 00 02/20/02 DELETE 09/21/01 00 001 00 Next Trans Date =__> 13-SUBMENU 17-PDPS ~~ l (J~-(G~~ l G"~U 15-RETURN ~._.. _ ~:.~ oL01510 TRAF FIC SAFETY INQUIRY LIST A073030F 09/1 5/01 ~ _omer 26379343 MCCLELLAN,MASON,REIDT Interlock Cntr 00 DUI Cntr 00 Date of Birth 04/12/83 Six Point Cntr 00 eDL DQ Cntr 00 Suspension Cntr 001 Total Points : 00 CDL Major Cntr: 00 Driver Privilege: PS CDL 5TO CNTR 00 viol/occ Section Convict Trans Unc Eff Rein chug 5t D Date viol Date Action Date Ind Date TS Pts Cnt Cy Q -------- -------- ~. 06/05/01 6308 Cy) -------- 07/12/01 -------------- -------- SUSPENSION 08/10/01 - -------- - --- --- 09/21/01 00 -- - 00 Next Trans Date =__> 13-SUBMENU 17-PDPS 15-RETURN MASON REIDT MCCLELLAN, Appellant v. COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYLVANIA :D.O.T. No. 2001-5366 PRAECIl'E TO THE CLERK OF COURTS: Appellee having rescinded and deleted the Motor Vehicle Code violation giving rise to the suspension from which this appeal was taken, Appellant asks that the appeal heretofore herein filed be withdrawn. By Date: ~Iy Iati submitted, KATZMAN & SHIl'MAN ua D. ck, Esquire 10 Market treet P.O. Box 12 8 Harrisburg, A 17108-1268 (717) 234 161 for Appellant, Mason Reidt McClellan ~ ~, T CERTIFICATE OF SERVICE I, Joshua D. Lock, Esquire, do hereby certify that I served a true and correct copy of the foregoing PR.AECIl'E upon the person(s), the manner, and on the date indicated below. Service by U.S. Mail, 1st Class, Postage Prepaid: George H. Kabusk, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ICOTZMAN & SHIPMAN, P.C. Date: 3't ~01 By Esquire ID# P. p. Box 17108-1268 Attorney for Appellant, Mason Reidt McClellan ~~ c ti ``- E ~~~ ~ ~_ ~.,- ~;: - ~° ~. , , -~ ~_ :~ ~ ~~ ~~, ~= ~S