HomeMy WebLinkAbout01-06025
"
~>
. "
.....~"''''
~~w,i_
,J
o
ocr 1 9 2001
~~
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
GREGG K CARIGNAN
: No.(jl- GD:15 elJ; I
P~NARY COURT ORDER
AND NOW, this ~ day of October, 2001, upon consideration of the within
Petition for Appeal Nunc Pro Tunc, and on motion of Gregg K (,mgnan, the Petitioner, a Rule
is hereby issued upon the Pennsylvania Department of Transportation to show cause why this
Petition for Appeal Nunc Pro Tunc should not be granted and why a hearing should not be
scheduled to determine whether the action of the Department of Transportation in suspending
Petitioner's operating privileges should be set aside.
. drv'
THIS RULE IS RETURNABLE at a hearing which is fixed for the .::L- day of
,roof,; ~; 3 () o'clock IJ":M., in Courtroom Number
, and the Pe tioner shall give the Department of Transportation thirty (30) days' notice
forthwith.
This appeal shall act as a supersedeas to the Department of Transportation's suspension of
the Petitioner's operating privileges until further Order ofthis Court.
J
~aU
GO'JSO\ ~~
_,,~,,~_, .Cc~_'G1,":.~'~",,",1j!,-,~,,-m~;lil.liiillllH-"A~~_~1ji$!J '~-%l~
.:u,u;j
to' ),
u) ~
'"
.. z.
- ~
f'....<(
'--/2
~ ",,:;;C C)~
C:.:l:::j
In ,~I
~/ N
I-
c..~ :.J..JLLJ
0 ;Qa..
\..1,_ .;c
() .:'.::>> ~
U
~gl!KJJ(.[I[,!IRnL ",,, ~ U.l"",."-,,<,,,~ ""~'" "o,,,~,,,,,,,,,,,,,,,,,,,,, "'~_~ ,,"',"""'~',~,,<:-"'" "".~,.," ..=.,.. >,~_,~~,', 1'O'ry:~, >" v~ ",.,.<,,,,,, ~ , ~ ~ ~ ,_ ""C''''.'''" =rn,.~ ~_~_~~
liI>.O~~;,;;;,;&Jr~".,,;
'1 .'1
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO.OI-00$ Ct\Jl'l
GREGG K CARIGNAN
PETITION FOR NUNC PRO TUNC APPEAL FROM ORDER
OF DEPARTMENT OF TRANSPORTATION
SUSPENDING OPERATOR'S LICENSE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petitioner, GREGG K ~GNAN respectfully represents as follows:
1. The Petitioner is GREGG K ~GNAN, an adult individual who resides at 6498"
Carlisle Pike, Mechanicsburg, PA. 17055.
2. That by a Notice dated June 28,2001, Petitioner was advised by the Pennsylvania
Department of Transportation that his operating privileges were being suspended for a period of
twelve (12) months effective August 2, 2001. A copy of this suspension notice is attached to this
Petition as Exhibit 1.
3. That your Petitioner appealed the underlying violation referenced in the Notice from
PennDOT and the District Justice conviction referenced in the PennDOT Notice is not fmal. A
copy of the summary appeal is attached to this Petition as Exhibit 2.
4. That as a result of said appeal, there is no final conviction of Section 1543A of the
Pennsylvania VehicIe Code and, therefore, said suspension is improper and an abuse of
discretion on the part of the Department of Transportation.
5. That Petitioner believed that the appeal from the underlying traffic citation served as
an appeal from the notice of suspension from PennDOT and that his suspension would stayed
during his appeal and would be vacated if his appeal was sustained.
'i:J
,
',,.--....J1"",,,,,",,,,;
. 1 .."
6. That Petitioner filed a pro se motion for an emergency stay or supersedeas with this
Court at 01-1535 [the docket number of the appeal from the summary conviction ] further
manifesting Petitioner's confusion about the interrelationship between his summary appeal and
the Department's action to suspend Petitioner's license to drive. A copy of the motion and
resulting order of supersedeas is attached hereto as Exhibit 3.
7. That Petitioner did not learn that this petition was necessary to appeal the license
suspension until October 4th, 2001 when Petitioner consulted with a lawyer to provide
representation at the summary appeal scheduled for a hearing on October 9, 2001 in the Court of
Common Pleas of Cumberland County.
8. That, after a de novo hearing on October 9,2001, Petitioner was found Not Guilty of
the underlying offense of Driving Under Suspension by the Hon. J. Wesley Oler, Jr.
9. That the Pennsylvania Department of Transportation does not concur with this
petition.
WHEREFORE, Petitioner respectfully prays that this appeal be allowed; that a hearing
de novo be granted to determine whether Petitioner is subject to suspension of his operator's
license; that this appeal act as a supersedeas pending said hearing; and that upon conclusion
thereof Petitioner's operating privileges be restored to him.
Respectfully submitted,
By .~rJ; C~
Gregg Carignan . Pe oner
3507 Margo Road
CampHill../...PA 170"'"
(717) 1~6~6648
j
-
~ .
,,'
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties ofPa. C.S. S 4904,
relating to unsworn falsification to authorities.
DATE: ,/~/1~(j!
~a;~
11Jf~
~Gre g' . ari
-,-" ,j.~~".
,~,
-~
,
~:";'''''~E
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
GREGG R. CARIGNAN
: NO.
CERTIFICATE OF SERVICE
I hereby certify that on this date, October~ 2001 I mailed a copy of Petitioner's Petition
for Nunc Pro Tunc Appeal From Order of Department of Transportation Suspending Operator's
License and Preliminary Court Order to the following person at the following address by U.S.
Mail, Certified, postage prepaid, return receipt requested:
Office of Chief Counsel
Pennsylvania Department of Transportation
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
~q.r:,~
. g R. Carignan
L, ,
, "'" ~ .
"~ I'~~';
.. '
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JUNE 28, 2001
'-.'.
GREGG R CARIGNAN
6495 CARLISLE PK
MECHANICSBURG PA 17055
WID i 011729283621043 001
PROCESSING DATE 06/21/2001
DRIVER LICENSE i 18732374
DATE OF BIRTH 01/22/1960
Dear MR. CARIGNAN:
This is an Official Notice of the Suspensio~ of your Driving
Privilege as authorized by Section 1543 of the PennsYlvania
Vehicle Code. As a result of your 06/20/2001 conviction of
violating Section 1543A of the Vehicle Code DRIVING WHILE
SUSP/REVOKE on 03/23/2001:
. Your driving privilege is SUSPENDED fol" a pel"iod of 1
YEAR(S) effective 08/02/2001 at 12:01 a.m.
Before PannDOT 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 instl"uctions vel"Y
cal"efully. Even if yoU have sel"ved all the time on the
suspension/I"evocation, we cannot I"estol"e youI' dl"iving
pl"ivilege until all the I"equil"ements al"e satisfied.
COMPLYING WITH THIS SUSPENSION
You must return all current PennsYlvania driver's licenses,
learner's permits, temporary driver's licenses (camera
c~rds) in your possession on or before 08/02/2001. You may
surrender these items before, 08/02/2001, for earlier
credit; however, YOU may not drive after these items are
surrendered.
YOU MAY NOT RETAXN YOUR DRXVER'S L:tCENSE FOR XDENTIFICATl:ON
PURPOSES. However, yoU maY apply for and obtain a photo
identification card at any Driver License Center for a cost
of 9.00. You must present two (2) forms of proper
identification (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 youI' license(s). Complete the following
steps to acknowledge this suspension.
L y h" b j.t
( '1
. /1 :
'--,~
~
,-,
~,'
" ~,,;
011729283621043
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 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:
2.
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 licenseCs), learner's permitCs), 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
our office. Otherwise, YOU will not be given credit
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 Ca) (4)
of the Pennsylvania Vehicle Code.
)
, ,
3.
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 following steps:
1. Return the enclosed Application for Restoration. The
amount due is listed on the application.
2. Write your driver's license number Clisted ori 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.
-
, ~'
iilJ"-~~~-'^',,"_,,,,,,,,'_'.
>. ,
011729283621043
PROVIDING PROOF OF INSURANCE
Within the last 30 daYs of Your suspension/revocation, we
will send YOU a letter asking that YOU provide pro.of 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.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JUNE 28, 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 tor your appeal to
be valid, yoU must send this time-stamped certified coPY of
the appeal by certified mail to:
(r. ') Pennsylvania .Department of Transportation
'>..v 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 08/02/2001.
Sincerely,
~~\~
Rebecca L. Bickley, Director
Bureau of Driver Licensin~
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
717-391-6190
1-800-228-0676
717-391-6191
l
.-..~ ,"-j~~,:', .
. ....W;lo"""~~,!(,.."1i,_.,.
. ,...:~.~:::,\'.{C,~~,...-,...
N~;~~~~~~~~:'<". ... '.
c ',~'r~L~Ji'::;'}~~.;~6f ' "" '/4,. ...
'''~~-'''''''''T''7''''''''''''''''_-_''_''''''''''''''-..I.....''''........"....'.......
j , f e-. =1 II-{~:t:.; ,. . ;1<.,'). .
..,............"........................."..:.~.7lJ...~.........................................,
.C.r.:!..~,.-ll........t..!..~...l................... Z,p......l.f..:....,......,
ri"I,1~ t" ~pe.:.) iJ0i" dtJ,iJ,Hinv 1::.,,);,),;:;, ()f,I,~t!I'~1
~~.:.\~~. , . :'':'~~.::-~7?'~l~''~'''' : -., ;:.::?~-~..~j...,-:,:.
'_......"-'--......""~~"j"'..,." ~~
I
~ ~>~-~ ~-- ""
. '.- /~...'; ..>:~' . ......
. .~ .," -, .. - '
,~,"":'-~~. .~~ ~.:--.~~. .,
:t\:J":,'
., ...~
'. ....
08. .':J II1#'t' ;'.q'.';,:,;,r,t.;;;:*,,'j;',,;
. - le.......-/..'.... ___.. ._........ ~.' __"o('~y.,.,,,'" ._'1':\.
. .;~;/ ." :" ~. ...'~.~!:~~~{~_:.- a-'~r(,,;';':~t.;.,:-:.:t.,:-.. ~~.;
.. .' '........".. oJ ~"" .'6".4>7''1 ~ _
"I .,. I J . ,-91":.-" -j7 "v.
ssutng Authority Docket No:............ ...._......;.~_ ". ''-_.".... ,.. ,
~.Ikx1 ~....a...~~:.J~.J..:.J...~.1.,:..~.:J,_.......
M.glsterlal District No......0....1.:....1.....:..~r...........
~llran sent~ b.......~.~.!l~.~..;~.~..........:,v....~:..::.......r.........!:r...~.;.....~..,~!....~..~~.~....~...~.}1s5';I.......l..!..~.c!:-'~
Date 01 Sentence........_L........._!.........l... ense(s) 01 which convicted ,..._...._..........................................................................._.__-'_............. .................
..................................._......................................-.........................._........................................................n..............._..._.........................__...._.........._................
Name ~ mailing address of affia".t as shown on cttation
II sentence includes fone .nd costs. .mount 01 wI1lch peld:
~C ..
. ( ~ -- . . .
......................................................................._.__.~....___._..................n
or compIaint.....:.................................................................................
.ff h.;lu'
.n.n..........~_.....................:.........nnn.......h.........._...............................
, I .,,{ /1 _ -f /"J
: ,".f.. ~ . . . ,... . y.... -"./ .
..."...1,.<,."'..................-............................................;...................:....
Type or amount of bail furnished to issuing authority, If any:
, .. /. A
. \J /7 .
.........................--................................ ....................................................... I
.
ATTORNEY lOENTIFICATION NO,' .
N.me .nd .ddress 0/ I
Attorney lor Delendant: . .
( ig t) /J r./ ,.A C r .-,-,",., '-
s na ure ...........T..;..4=;,~...........l....................-t'.............._................
, . . .}~' .
(print name~............................................................_....................................
1 r,. '7 11: 'f I ., ,. 1'9 &' t (
(SI/08I)............._..................................f................ Phone ............................
(.ddress)...:~~~.r.;:?...f..~..!.J!....?...~:~......ZIP .(..2..~..f.r
Name .nd address 0/ issuing .~..7rity: . . k
~-;l{LITV~~f~71~-
::::::::J.;:~::::;;.::;::I:::;:::;::::~::;.::i.:E::~;:~;~::::::?.~:;::::::::
..., It. 1J'i 7 '.i
Phone ......................................
NOTICE TO DEFENDANT:
.....
L
If your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify this~QPY and
'." "
mail to the following address: . ",'"
-- ,.-
'->
(
~---"'~ .'
;-1' ~1~U~ "\:,
I hereby certify that an appeal has been filed in the above caPtion~ . :O~ "i
1,,-,. \.~.:
,~ \t,P'
, . '. . ~
01 .. . ~t. ..
.; l>E:ltIti t. ~!) : -. ~
..... : '.
. r \ t
. t
'.. ." .,"
"" '_;''' . 't .'
I,; ; ,....t'f:..,.-_~..:V. --
. t I .' . :'\ ,.., (\.~';"-~OF CCURTS
',\ .I...V~
DEFENDANT'S COpy '\, \-\.,\,,,,,,~ /
Penn. Dept. of Transportation
PO Box 60037
Harrisburg, PA 17106
:,;J.
~ ~"1
~.;;
.?
(l'l
CJ
NJPC 4' s.eo
Lyhib,.-f (!JJ
,.
.;~
, .
SEP 1 7 2001t(J
~J_"
C
I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH
v.
SUMMARY CRIMINAL
01-1535
GREGG CARIGNAN
ORDER OF THE COURT
AND NOW, this__L l.t.__day of September, 2001, it is the
order of this court, upon consideration of the petition of the defendant,
that the action Of the Department of Transportation, in regards to the
Suspension of his driving privileges, is hereby stayed and the defendant ,
Gregg Carignan, is permitted to resume his driving privileges.
BY THE COURT,
-L~fl.eQrw-LliQhlvv
(j , J1i~~
Office of District Attorney
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
PA Dept. of Transportation
Bureau of Driver Licensing
Harrisburg, PA 17104-2516
A TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, PA"
This!9l'--daYOf 20GV
, -
I . \ ,J ( ~
't.: '/.. i"~i b ; r "----.3)
-"'1
I j
" ''"-'c,
~ .~'---~~~j,",:.
"..
I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH
v.
SUMMARY CRIMINAL
01-1535
GREGG CARIGNAN
The defendant, Gregg Carignan, residing at 6495 Carlisle Pike
Cumberland County s~eks relief from the sanctions placed upon him by the
Department of Transportation which revoked / suspended the defendant's
operating privileges 011 August 2, 2001 based solely on a citation
AS491 067-1 which is under appeal in the Court of Common Pleas of this
county.
1. The defendant is a resident of 6495 Carlisle Pike, Mechanicsburg
PA, Cumberland County, for the more than twenty years, is a father of
three children and spouse to his handicapped wife.
2. Gregg's only current source of income is raising money by selling
personal items at f1efi! markets and works at Root's Auctioc1?, in Lancaster
County, without his c,lrivers license these income sources ~e u~vailable
robbing him of his ability to earn the meager moneys thes~~u~s .."
provide to survive, pay bills, and support his family. C,J -0 -
~~;. ..J r
0-- iT!
3. Gregg's wife is' handicapped is unable to drive. ~g 1) 0
~ ~J t;Y
;-.1::.\
-< U1
'U 0'
",. '.J
"""
~ '. ._.; ~ ~~,,~.
'.'
4. On or about March 23, 2001 Officer Miller, of Upper Allen Township
police department, stopped Gregg in the 1 00 block of Gettysburg Pike, a
Pennsylvania Department of Motor Vehicles check reviled that Gregg's
license was suspended, to which Officer Miller seized Gregg's Drivers
License, (receipt of which is attached hereto as exhibit (A)), told him not
to drive and issued citation # AS491067-1 charging that he violated 7S
subsection 1543 subsection (a) .
S. On or about March 26, 2001 Gregg went to Penn Dot to inquire as to
the reason for the suspension at which time Gregg requested a letter
attached as exhibit (B) which confirms that the suspension notice was
returned to the Department.
6. Gregg never received the notice of suspension and was unaware that
the Department had taken such an action.
7. On June 28, 2001 before D.J. Elder Gregg was found guilty of
violating 75 subsection 1543 subsection (a) Citation # A5491067-1,
Gregg apprised the OJ of the Commonwealth v. Kane, 460 PA 582, 333 Ad
925 (1975) findings and president, which she ignored, due to what can
only be described as a personal dislike of the Defendant as supported by
her conduct and remarks toward and about the Defendant at the hearing.
8. July 19, 2001 Gregg filed an appeal to the OJ verdict with the Clerk
of Courts of Cumberland County as per Exhibit (C) .
9. On September 7, 2001 Gregg was at Penn D.O.T., to renew a trailer
registration, and had a search of his license done which revealed he was
under suspension due to his conviction of Citation # A5491 067-1 the
same one appealed as per exhibit (C).
10. Gregg conversed with legal staff from the Department that the OJ
verdict had been appealed, staff said "...nothing stops the Department from
imposing sections until the appeal is overturned".
11. It is unfair to impose sanction upon Gregg until final disposition of
the underlying citation has been finally adjudicated.
~:)'
.'
12. The department has turned justice upon its head and violated
Gregg's due process rights to notice, hearing on the merits and imposing
sanctions before final aQ,judication of the underlying citation
has occurred.
13. The departments actions are detrimental to the Defendant's
livelihood and his ability to operate independently in a society which
demands mobility and speed in which to survive and prosper,
14. The Defendant does not poses a danger to the safe operation of motor
vehicles in this Commonwealth as this suspension was not due to a
moving violation, D.U.I., or any other violation which would give rise to the
petitioners ability to safely interact with other motorist upon the roads
of this state.
15. The granting of this stay will not adversely affect the health,
safety, or welfare of the state but re-establishes the status quo.
AR.G.UME.til
Black's Law Dictionary delineates as :
Actual notice has been defined as notice expressly and actually
given, and brought home to the party directly. The term "actual
notice, "however, is generally given a wider meaning as embracing
two classes, express and implied; the former includes a II
knowledge of a degree above that which depends upon collateral
inference, or which imposes upon the party the further duty of
inquiry; the latter imputes knowledge to the party because he is
shown to, be conscious of having the means of knowledge. I n this
sense actual notice is such notice as is positively proved to have
been given to a party directly and personally, or such as he is
presumed to have received personally because the evidence within
his knowledge was sufficient to put him upon inquiry.
Id.at 1061-1062 (6thed.1990).
~i-,-""'-_*,,"',
,.'
Still, our supreme court has plainly held that proof of actual notice
of suspension remains a necessary element of 75 PA C.S.A. subsection
1543. See Commonwealth v. McDonough, 533 PA 283, 621 A.2d 569
(1993). See also Commonwealth V. Horney, 365 PA Super. 152, 529 A.2d
18 (1987); Commonwealth v. Burkett, 300 PA Super. 72, 445 .2d 1304
(1982). Notice is, therefore, a judicially created element, designed to
protect a defendant's due process rights.
I n Dietz, Commonwealth v. Dietz, 423 P A Super. 366, 621 A.2d 160
(1993), the court held that in order to invoke the "no notice" defense, it is
a necessary condition that the defendant establish at trial that a current
driver's license was produced at the time of the offense or within 1 5 days
thereafter as provided by subsection 1511 (b) .
Id. 600 A.2d 1326,443 Pa.Super. 23, Com. v. Crockford, (pa. Super.
1995)
The defendant in this action presented his drivers license to the
officer as per Exhibit (A) and the letter from the Department of
Transportation, Exhibit (B) confirms that the defendant did not receive
notice of this suspension thus logically the defendant can not be held in
violation of the citation #A 5491067-1. It is not the intent of the
petitioner to argue the merits of his defenses but to put forth a showing
that on the merits the defendant should prevail in his appeal.
Upon consideration of the petition herein the defendant prays for the stay
requested until finial adjudication of the underlying citation is heard.
Respectfully submitted,
ilG.
~/~~-~
~g~;ignan
3507 Margo Road
Camp Hill, PA 17011
(717) 796-6648
Date; September 17, 2001
,1,
.-',x:,
~
"""'-'fi,,,,'iIM>~
ti-&th",.,;,..;},,,,,,
;nIU""'rt.!ifiUl\ _
,";';o_,<-lt-"".-";jjII1<i4';j~~%,"'
!1l]f.JIjj
_...E.
c;:l C
~ (") .,
'T1
C "--:J
~ S 0
Pl. -Uec n i-:l"J]
rTifTl --< ':f~'t3
z_.
>.
- fJ ~~: I.D I
- -. ~~
~\ -I ~C) -en .-, -n
~ o-~
tP ~ )>(~ zO
Z ' Om
~ -0 ':2
p~ ?&
~-
z {J1
:< Ul -<
~
UJJ..l...!., j M~ . "
Il. II JIJIU!~~gl!l[,,,)IU. _''
. "jJL",._
_., ,~"," o,_,~,_, .'
"~"",""
, -~"
""'''''."".~.
" .
__''''''''_0
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
GREGG R. CARIGNAN
; NO. () 1- GOJ.J e)V~ I
(:)
PETITION FOR NUNC PRO TUNC APPEAL FROM ORDER-n~
. OF DEPARTMENT OF TRANSPORTATION ~9:j
SUSPENDING OPERATOR'S LICENSE tis;:
-<-'-
r:b
'<
P,....,
~0
TO THE HONORABLE, THE JUDGES OF SAID COURT: ;t>~
:<
o
<::;)
n
-t
o
-n
--.,)
'2
:.n
.-J
f:l ;:2
~~~
:;-..: >..,~:
0'"
d
55
-<
<J:)
"
:x
The Petitioner, GREGG R. cARIGNAN respectfully represents as follows:
1. The Petitioner is GREGG R. (AroGNAN, an adult individual who resides at 649$"
Carlisle Pike, Mechanicsburg, PA. 17055.
2. That by a Notice dated June 28,2001, Petitioner was advised by the Pennsylvania
Department of Transportation that his operating privileges were being suspended for a period of
twelve (12) months effective August 2,2001. A copy ofthis suspension notice is attached to this
Petition as Exhibit 1.
3. That your Petitioner appealed the underlying violation referenced in the Notice from
PennDOT and the District Justice conviction referenced in the PennDOT Notice is not final. A
copy of the summary appeal is attached to this Petition as Exhibit 2,
4. That as a result of said appeal, there is no final conviction of Section 1543A of the
Pennsylvania Vehicle Code and, therefore, said suspension is improper and an abuse of
discretion on the part ofthe Department of Transportation.
5. That Petitioner believed that the appeal from the underlying traffic citation served as
an appeal from the notice of suspension from PennDOT and that his suspension would stayed
during his appeal and would be vacated ifhis appeal was sustained.
El~~}
~~..
"~,'"
~ ~~~,.,;''"
6. That Petitioner filed a pro se motion for an emergency stay or supersedeas with this
Court at 01-1535 [the docket number of the appeal from the summary conviction]further
manifesting Petitioner's confusion about the interrelationship between his summary appeal and
the Department's action to suspend Petitioner's license to drive. A copy of the motion and
resulting order of supersedeas is attached hereto as Exhibit 3.
7. That Petitioner did not learn that this petition was necessary to appeal the license
suspension until October 4th, 2001 when Petitioner consulted with a lawyer to provide
representation at the summary appeal scheduled for a hearing on October 9, 2001 in the Court of
Common Pleas of Cumberland County.
8. That, after a de novo hearing on October 9,2001, Petitioner was found Not Guilty of
the underlying offense of Driving Under Suspension by the Hon. J. Wesley Oler, Jr.
9. That the Pennsylvania Department of Transportation does not concur with this
petition.
WHEREFORE, Petitioner respectfully prays that this appeal be allowed; that a hearing
de novo be granted to determine whether Petitioner is subject to suspension of his operator's
license; that this appeal act as a supersedeas pending said hearing; and that upon conclusion
thereof Petitioner's operating privileges be restored to him.
Respectfully submitted,
CJ
By
Gregg arignan · itioner
3507 Margo Road
Camp Hill f P A 17011--
. (717)796-6648
,--" ~ ,,"
""':..^
'"'-~""'..~,>,--,
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties ofPa. C.S. S 4904,
relating to unsworn falsification to authorities.
DATE:
/0 J /<1 / 0 I
. I I
Cf gCcY
d." /l Ao.ah:)
t1 Gre R. Carign~
"
~
.
>
-~. ~~ ~.-i;-k''';'
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
GREGG R. CARIGNAN
: NO.
CERTIFICATE OF SERVICE
I hereby certify that on this date, October~ 2001 I mailed a copy of Petitioner's Petition
for Nunc Pro Tunc Appeal From Order of Department of Transportation Suspending Operator's
License and Preliminary Court Order to the following person at the following address by U.S.
Mail, Certified, postage prepaid, return receipt requested:
Office of Chief Counsel
Pennsylvania Department of Transportation
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
~~(~/nd~
Gr . Carignan
"-'.""". "
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JUNE 28, 2001
GREGG R CARIGNAN
6495 CARLISLE PK
MECHANICSBURG PA 17055
WID t 011729283621043 001
PROCESSING DATE 06/21/2001
DRIVER LICENSE t 18732374
DATE OF BIRTH. 01/22/1960
Dear MR. CARIGNAN:
This :is an Official Notice 01' the Suspension of your Driving
Privilege as authorized by Section 1543 of the PennsYlvania
Vehicle Code. As a result of your 06/20/2001 conviction of
violating Section 1543A of the Vehicle Code DRIVING WHILE
SUSP/REVOKE on 03/23/2001:
. Your driving privilege is SUSPENDED 1'o~ a pe~iod 01' 1
YEARCSl effective 08/02/2001 at 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 inst~uctions ve~y
ca~e1'ullY. Even if yoU have se~ved all the time on th.e
suspension/~evocation. we cannot ~esto~e you~ d~iving
p~ivilege until all the ~equi~ements a~e satisfied.
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 08/02/2001. You @ay
surrender these items before, 08/02/2001, for 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 Lice~se Center for a cost
of 9.00. You must present two (2) forms of proper
identification (e.g..' birth certificate. valid U.S.
passport. marriage certificate. etc.) in order to obtain
your photo identification card.
You will not ~eceive c~edit towa~d se~ving any suspension
until we ~eceive you~ licensees). Complete the following
steps to acknowledge this suspension.
1'1 'f
L>t V)/kJl
l))
,~
011729283621043
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 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
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your Pennsylvania
driver's licensees), 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
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
products, 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 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.
" . .~,
-v~'"' ,j,
:.
~,
..> _..1,("""".
011729283621043
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
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.
Impo~tant: 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.
()
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JUNE 28, 2001, 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 to:
PennsYlvania pepartment 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 08/02/2001.
Sincerely,
~~,~
Rebecca L. Bickley, Director
Bureau of Driver Licensin~
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
717-391-6190
1-800-228-0676
717-391-6191
)
Ii:
.....0-., _.~.
~, "' ... ",
"
-...."~Tr.i!;;
.:~,"'- -.--- '~Ww.j,
, '..::';'... ..,..,...~. '_'.: ~!~~'" .' ~::~~peallf~~~~:~, ~fI~mal \A~V/C::~~ ~,,:
. :-::,,<,~~
r:~;~~~~'~~!~;,' / , '. i,~;:,~:,.' Date:':.'!..j1.1. _~~:L:.;~,'.j~~~J.~,\\t~:{f
,c '~.~t:.5J::;t~ ~61 ' " '1" . . - '. .',.: ;,. ." . ":~~!;:;:;:;:f"c oJ It ~ a'fJ~jF;;f; :.:,.:
, ~ t!-~ !f~. ;. , Issufng Authority oOCbi No;...._1....l~.._.....~~_';l::.._~.:._:'L,..j 7 .....,
'-~l\~'l =i ..:::..~~~10;V:.~......_...l;/.~.........:.... . ~ ' .
............_._.._.....................".~":.7l7...€..........._.............................. ~atm ;.,......_.J~.J!...f.J...~.j.:..~.:-1...........
.C:.CJ..~,...p..........t...!..LL................ Zlp.....l..f,..:............ Magisterial District No......q..1.:....J......=..~f............
Awesl IrM> sent~bz.i.~l~.~..~.:...f..........:.~...~..:.:.......r.........~r...~.7.....~..IU...~..~.:....~...~.7'...?,'~~L.....I...!..!I...~/:-.~..r..,
Date 01 Sentence......,." ...._......._ ..........1... OIIense(s) of which convtcted ..__...._....................1:............_.............................~..._.I...~_............. ........................:
...................................-......................................-..........................-.....................................................-..-...........-._..._........................._._._._..........~.......................
Name ~ mailing address 01 affiant as shown on ellatm
If sentence includes r"", and costs, amount 01 _ paid:
.c ..
. (,k'-' ..
.....................-.....................................................-.-...---.............................
Of compIaint....~.................................................................................
.. / ( ji', . II -( r'
............:...-!--.....................:..................................................................
..Ul).f~~;..L..........:1.lt:...:.~............~...~::./2....:.........:....
Type or amount 01 bail furnished to issuing authorlty. n any:
<' / A
'v II
.........................--................................ ...::...~........._.........................................,
Name and address 01 issuing a~.1rily: . k
~;--:rfLlF'-v;~~-7i~'
::::::::~;:~::::~:::;.:::I::;;:::;::::~::;.::~:~::::~;:~;::::::::7:;"::::::::::
7rt.l;i.fi
Phon8 ......................................
Name and address 01
Attorney lor Defendant: . .
(' ) 0 ~ ,..1 C',... .-V,4 '-
slgnatur~ ..........:T..~:. ri,~~;............ ....................-t!......................................
(print name~....................................__....................._.......................................... '
1 r,. "1 /I. 'f I <4 , 71&' {( ( ,
(street).............__........._.....................,................ Phon8 .................................,
(address) ...<.;..::l.,;!...1:...!.~..!..!....f...~:~...... ZIP .(..2..:....~..r.......
ATTORNEY IOfNT1FICATION NO. '
NOTICE TO DEFENDANT:
....
L
If your appeal is from a motor vehicle conviction othel than parking, have the clerk of courts certify thi~QPY and
mail to the following addless: . . ,. -,,:
--. 1'_
:..>
~ ~.1
'._"'.
~.J
(
~--"''''' ..
.T'-1 ~l~JJ~ "ltl~"
I hereby certify that an appeal has been filed in the above caPtion~ . :~"'i.
I"" '~"
'-...J \cP.
, - '. \ ' ;.
~~.. O!iMS C. L!iO :;:'A ~.
'u, 1 '.
. ~ \ .
.. . t
.'. .. ".,'
.... _ _;''t'. ~ _.
Ill: ; ,.....t.,. "."\0-. :-
'. - '!'\ ,.., ~~OF COURTS
.,\\ '. .'J ",....
DEFENDANT'S COpy \ . ",.""" ;
Penn. Dept. of Transportation
PO Box 60037
Harrisburg, PA 17106
;,>
.?
('l'I
co)
N'JPC .., s.eo
.Lyh ;b,.J {r;J
,.
I'
~, -, -
~ 'iB:.lilll..l\li""
." ..
SEP 1 7 2001t(J
o
I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH
v.
SUMMARY CRIMINAL
01-1535
GREGG CARIGNAN
ORDER OF THE COllRT
AND NOW, thi5-_LJ~___day of September, 2001, it is the
order of this court, upon consideration of the petition of the defen.dant,
that the action of the Department of Transportation, in regards to the
suspension of his driving privileges, is hereby stayed and the defendant ,
Gregg Carignan, is permitted to resume his driving privileges.
BY THE COURT,
_L~.fz.eQr~LliQ~j.,p ir
\j , Ju~~
Office of District Attorney
Gregg Carignan
3507 Margo Road
Camp Hill, PA 17011
PA Dept. of Transportation
Bureau of Driver Licensing
Harrisburg, PA 17104-2516
A TRUE COPY FROM RECORD
In Testimony whereat. I here unto set my hand
and the seal at said Court at Carlisle, PA.
ThlJ 91'-dayot 20GV
, -
r. I c I . + (" ~
v)( V) I 0; \..~)
"
".L~'-~",.,.,,,
.c ,
I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH
v.
SUMMARY CRIMINAL
01-1535
GREGG CARIGNAN
The defendant, Gregg Carignan, residing at 6495 Carlisle Pike
Cumberland County seeks relief from the sanctions placed upon him by the
Department of Transportation which revoked / suspended the defendant's
operating privileges on August 2, 2001 based solely on a citation
A5491067-1 which is under appeal in the Court of Common Pleas of this
county.
1. The defendant is a resident of 6495 Carlisle Pike, Mechanicsburg
PA, Cumberland County, for the more than twenty years, is a father of
three children and spouse to his handicapped wife.
2. Gregg's only current source of income is raising money by selling
personal items at flee markets and works at Root's AuctioJ,l, in Lancaster
County, without his drivers license these income sources ~re u~vailable
robbing him of his ability to earn the meager moneys thes~S9ur~s -"
provide to survive, pay bills, and support his family. ~5: ~ r
t:S'. ....J rn
3. Gregg's wife is handicapped is unable to drive. g~": -0 .....,
c:c ........
Z;:;O
;"";--1 r-y
~ U1
v Q'.
". '.,J
>"
.::,~"",
.,. )
4. On or about March 23, 2001 Officer Miller, of Upper Allen Township
police department, stopped Gregg in the 100 block of Gettysburg Pike, a
Pennsylvania Department of Motor Vehicles check reviled that Gregg's
license was suspended, to which Officer Miller seized Gregg's Drivers
license, (receipt of which is attached hereto as exhibit (A)), told him not
to drive and issued citation # A5491 067-1 charging that he violated 75
subsection 1543 subsection (a) .
5. On or about March 26, 2001 Gregg went to Penn Dot to inquire as to
the reason for the suspension at which time Gregg requested a letter
attached as exhibit (B) which confirms that the suspension notice was
returned to the Department.
6. Gregg never received the notice of suspension and was unaware that
the Department had taken such an action.
7. On June 28, 2001 before D.J. Elder Gregg was found guilty of
violating 75 subsection 1543 subsection (a) Citation # A5491 067-1,
Gregg apprised the DJ of the Commonwealth v. Kane, 460 PA 582, 333 Ad
925 (1975) findings and president, which she ignored, due to what can
only be described as a personal dislike of the Defendant as supported by
her conduct and remarks toward and about the Defendant at the hearing.
8. July 19, 2001 Gregg filed an appeal to the DJ verdict with the Clerk
of Courts of Cumberland County as per Exhibit. (C) .
9. On September 7, 2001 Gregg was at Penn D.O.T., to renew a trailer
registration, and had a search of his license done which revealed he was
under suspension due to his conviction of Citation # A5491 067 -1 the
same one appealed as per exhibit (C).
10. Gregg conversed with legal staff from the Department that the DJ
verdict had been appealed, staff said "...nothing stops the Department from
imposing sections until the appeal is overturned".
11. It is unfair to impose sanction upon Gregg until final disposition of
the underlying citation has been finally adjudicated.
~
~ """
~.,"
'....- l_.""'&'l'-';::
, ~ ,., II
12. The department has turned justice upon its head and violated
Gregg's due process rights to notice, hearing on the merits and imposing
sanctions before final adjudication of the underlying citation
has occurred.
13. The departments actions are detrimental to the Defendant's
livelihood and his ability to operate independently in a society which
demands mobility and speed in which to survive and prosper.
14. The Defendant does not poses a danger to the safe operation of motor
vehicles in this Commonwealth as this suspension was not due to a
moving violation, D.U.I., or any other violation which would give rise to the
petitioners ability to safely interact with other motorist upon the roads
of this state.
15. The granting of this stay will not adversely affect the health,
safety, or welfare of the state but re-establishes the status quo.
ARG.UM..E..NI
Black's Law Dictionary delineates as :
Actual notice has been defined as notice expressly and actually
given, and brought home to the party directly. The term "actual
notice, "however, is generally given a wider meaning as embracing
two classes, express and implied; the former includes a II
knowledge of a degree above that which depends upon collateral
inference, or which imposes upon the party the further duty of
inquiry; the latter imputes knowledge to the party because he is
shown to be conscious of having the means of knowledge. I n this
sense actual notice is such notice as is positively proved to have
been given to a party directly and personally, or such as he is
presumed to have received personally because the evidence within
his knowledge was sufficient to put him upon inquiry.
Id. at 1061-1062 (6th ed. 1990).
,-- .-, "',~<."", ""''''''''<'
.. ' I f~ 1/1
,
Still, our supreme court has plainly held that proof of actual notice
of suspension remains a necessary element of 75 PA C.S.A. subsection
1543. See Commonwealth v. McDonough, 533 PA 283, 621 A.2d 569
(1993). See also Commonwealth V. Horney, 365 PA Super. 152, 529 A.2d
18 (1987); Commonwealth v. Burkett, 300 PA Super. 72, 445 .2d 1304
(1982). Notice is, therefore, a judicially created element, designed to
protect a defendant's due process rights.
I n Dietz, Commonwealth v. Dietz, 423 PA Super. 366, 621 A.2d 160
(1993), the court held that in order to invoke the "no notice" defense, it is
a necessary condition that the defendant establish at trial that a current
driver's license was produced at the time of the offense or within 15 days
thereafter as provided by subsection 1511 (b) .
Id. 600 A.2d 1326, 443 Pa.Super. 23, Com. v. Crockford, (Pa. Super.
1995)
The defendant in this action presented his drivers license to the
officer as per Exhibit (A) and the letter from the Department of
Transportation, Exhibit (B) confirms that the defendant did not receive
notice of this suspension thus logically the defendant can not be held in
violation of the citation #A 5491067-1. It is not the intent of the
petitioner to argue the merits of his defenses but to put forth a showing
that on the merits the defendant should prevail in his appeal.
Upon consideration of the petition herein the defendant prays for the stay
requested until finial adjudication of the underlying citation is heard.
Respectfully submitted,
c.
Gregg rignan ~
3507 Margo Road
Camp Hill,PA 17011
(717) 796-6648
Date; September 17, 2001
,
1>-
- ~-' ,
-',,&,-,
, ';~.' .,"';"."~,~~, - w ", -, ~"--'\(i'F
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
CERTIFIED DRIVING HISTORY
JAN 02 2002
PAGE 1
DRIVER: GREGG R CARIGNAN
6495 CARLISLE PK
MECHANICSBURG, PA 17055
DRIVER LICENSE NO
DATE OF BIRTH
SEX
RECORD TYPE
: 18732374
JAN 22 1960
: MALE
4YR LIC!LP
DRIVER LICENSE (DL)
COMMERCIAL DRIVER LICENSE (CDL)
-------------------------------
LICENSE CLASS
LICENSE ISSUE DATE:
LICENSE EXPIRES :
---------------------------------
C
MAY 23
JAN 31
2000
2002
CDL LICENSE CLASS .
.
CDL LICENSE ISSUED :
CDL LICENSE EXPIRES:
CDL ENDORSEMENTS NONE
CDL RESTRICTIONS : NONE
EARNER PERMITS:
'EjNSE STATUS
MED RESTRICTIONS NONE
LEARNER PERMITS
LICENSE STATUS
PROBA'llIONARY LICENSE (PL)
---------------------------------
PL LICENSE CLASS :
PL LICENSE ORIG ISS:
PL LICENSE ISSUED :
PL SE EXPIRES :
STATUS
LIMITED LICENSE (OLL)
--------------------
LASS :
.ISSUED :
EXPIRES:
STATUS :
*** CONTINUED ***
COMMONWEALTH'S
EXHIBIT
iJl
1'11.02 peA
,
~
~ > ~'.- -.'.' - .^..r",-",'C--_""
..;-k_. -..-.tiiL:!
PAGE 2
CERTIFIED DRIVING HISTORY - JAN 02 2002 - LICENSE NUMBER 18732374 CONTINUED
-------------------------------------------------------------------------------
REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS
-------------------------------------------------------------------------------
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
MAY 28 1991
VEHICLE CODE: 1533
FAILURE TO RESPOND
SUSPENSION EFFECTIVE DEC 19 1991
OFFICIAL NOTICE MAILED NOV 28 1991
RESTORATION OF OPERATING PRIVILEGES MAY 08 1992
*** CONTINUED ***
-3i
,
".."c, ,,- ',- ,- :,to;; --: -, '<;~;,_,,:1. ;:-1-,,', '-,,,: ," " -L -,' "' iLYI
...
PAGE 3
CERTIFIED DRIVING HISTORY - JAN 02 2002 - LICENSE NUMBER 18732374 CONTINUED
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
ACTION:
FEB 15 2000
VEHICLE CODE: 1533A
FAILURE TO RESPOND
SUSPENSION EFFECTIVE MAY 05 2000
OFFICIAL NOTICE MAILED APR 14 2000
FEB 15 2000
VEHICLE CODE: 1533A
FAILURE TO RESPOND
SUSPENSION EFFECTIVE MAY 08 2000
OFFICIAL NOTICE MAILED MAY 08 2000
RESTORATION OF OPERATING PRIVILEGES MAY 23 2000
*** CONTINUED *~*
.. ","" '~:!i
~ .'-
.-,
. ' , ~ ",- ,:' ;::;i
,
PAGE 4
CERTIFIED DRIVING HISTORY - JAN 02 2002 - LICENSE NUMBER 18732374 CONTINUED
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
ACTION:
FEB 15 2000
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
053 MPH IN A 035 MPH ZONE
AUG 07 2000
ASSIGNED POINTS
OCT 04 2000
VEHICLE CODE: 1533A
FAILURE TO RESPOND
SUSPENSION EFFECTIVE FEB 14 2001
OFFICIAL NOTICE MAILED JAN 24 2001
2001
24 2001
28 2001
~RiiD~iU~E'S"OCT 18 2001
*** CONTINUED ***
,,~ _"._JK;:
~ ,- _;,.~,,,,,-, 0'''' n, .~'
~~j" '
i_,,,,,c;b;'::';,f,
.
.
,
PAGE 5
CERTIFIED DRIVING HISTORY - JAN 02 2002 - LICENSE NUMBER 18732374 CONTINUED
-------------------------------------------------------------------------------
REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS
-------------------------------------------------------------------------------
NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD
,
-------------------------------------------------------------------------------
------------------
~. fACTIONS
~-----------------------------
MOTOR VEHICLE ACCI
INDICATE FAULT FOR
INDIVIDUAL OR THE
THE DATE LISTED.
S OPERATI~G REPORT DO NOT
D ONLY INDICATES THAT THIS
INVOLVED I~ AN ACCIDENT ON
ACCIDENT DATE:
LOCATION:
VEHICLE TYPE:
*** END OF RECORD ***
',.~> -,"- ~'" """~,,, ,-."."-"."..i,.~".,,,--.,i,",r~"lf';,
.
.
,
PAGE 6
CERTIFIED DRIVING HISTORY - JAN 02 2002 - LICENSE NUMBER 18732374 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,
~~\~
IN TESTI
OF THIS
COMMONWE
DATE:JAN 02 2002
SEAL
!3lJ:UilJ:Q;F DRIVER LICENSING
<Y,l+i>iw:---" ' "- ::Y~:/'" :i
RANfSPORTATION
BICKLEY, i DIRECTOR OF THE
HE PENNSYL~ANIA DEPARTMENT
CUSTODIAN O~ THE DRIVER
MENT OF . PORTATION. AS
BUREA LEGAL CUSTODY
RECOR THE SUBJECT
D AND SEAL
:x
SECRETARY OF TRANSPORTATION
SEAL
,;~A
>',-
"'~ ........_dliii-",";
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
GREGG R. CARIGNAN
NO. 01-6025 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of January, 2002, the matter
having been called for hearing, and the defendant, Gregg R.
Carignan, having won his initial hearing wherein he was charged
with a violation of Section 1543 of the Vehicle Code, and having
been found guilty by the District Justice on 6/20/01, defendant's
appeal of the department's suspension is sustained. However, the
appeal is moot in that the department has already corrected their
records, eliminating any suspension, and the defendant's operating
privileges have been restored as of October 18, 2001.
By the Court,
v6eorge H. Kabusk, Esquire
For the Commonwealth
vdregg Carignan, Defendant Pro Be
P.J.
pcb
L~ -{1io:aJ
OJ-14' tJ,{ lR)\5
118
S3
~ - """,,,,<,-'" '.=-,,-'~'" -'
(,r)
U/,
~'"
"".,~'~" ,'--< ',"-'e~_;;' -;. ,:i=!,'. '-.y,,,-" ",OF ,:,"" "Cf'r'f'l"';ftt'--"":"lll'ITI':n~fj;'~i"~-i?-"f"~d";'''4':o~~'r'-.;r(n~.tllii.lil'';M!('+<<''C-i.--'.'''"filr
Ci;~
P.l-f 10: r:lJ
C' HII!"-I.' "I" i'i,' '\"V
Uj\I'~)'- ;1.-' I' ;,) _/,~'Ld" I t
j")ErJNSYUh\NI/\
"1'l..W~I~~n1'
-
WffiJ~_
~ _Jl'\'Ih"'~'?'E-"g-F"w<q
~, .--
w",_ffl"~:1Ii"MlOi),""'''''''~'n<\:1~~*'''f',t!i,i:'Ilffili,~*"'Jk1;lim!~~~~';