HomeMy WebLinkAbout99-05062?j )i
J:.:
RICHARD A. ROSS, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER LICENSING 99-5062 CIVIL TERM
ORDER OF COURT
AND NOW, this 30' day of August, 1999, a hearing on the within license
suspension appeal transferred to this court by the Court of Common Pleas of Dauphin
County, shall be conducted in Courtroom Number 2, Cumberland County Courthouse,
Carlisle, Pennsylvania at 1:30 p.m., Monday, December 13, 1999.
By the
George H. Kabusk, Esquire
For Department of Transportation
Richard Allen Ross, Pro se
2532 Arcona Road
Mechanicsburg, PA 17055
Petitioner
:saa
Edgar B.'13*1 , J.
?fl . 9- t,
i-v
pry
Q0
' AUG 2 01999 bl"
COURT OF COMMON PLEAS
DAUPHIN COUNTY CIVIL ACTION
I'rlmnl AY: IxIM LImhM YnnnAll Al1lVI! SUITS 1999 Dew
99-s
-
Date of Entry % T Entry By Sumnums
Complaint
Petition (
( 1
(
Appeal ( 1
writ of F.xectuit Issued: Custody ( 1
Ascumpsit
Appearance Fur. Divorce ( 1
PlaiIit, Mortgage Foreclosure ( 1
Change of Name ( 1
Ejectment
(
1
Quiet Title ( 1
Defendant: Appt. of Viewers ( 1
Replevin ( 1
Declaration of Taking ( 1
Forma Pauperis
t.1W L Mental Health ( 1
Protective Order ( 1
District Justice ( 1
?.11tT-1- j;4 i an U, J, 00411
ugu 2, 1999 - Upon consideration of the petitioner's License Suspens on Appeal, this Court has
determined that is has no jurisdiction in this matter. The Dauphin County Prothonotary's Office
is hereby directed to forward this file to the Cumberland County Prothonotary's Office for
disposition. /s/ Todd A. Hoover, Judge. See ORDER filed. Copies mailed 8-2-99
August 3, 1999 - The above action is transferred to the Court of Cotmton Pleas of Cumberland County.
Date/Amu Date/Amount
Filing Fee Adm. Fee • Divorce
Atty. Appearance Adm. Fee - Custody
Sheriffs Costs Apt. of Master
Discontinuance Cash Bond
Praccipe for Argt. Cen. of Readiness
Rule of Reference Escrow Funds
-4n in
CT)
l?
?L
?l
?
a lam)
° cam.
i.`ii C7 t[1tJ
O m U
M? v
I
v
AUG 2 0 1999
RICHARD A. ROSS, IN THE COURT OF COMMON PLEAS
Petitioner DAUPHIN COUNTY, PENNSYLVANIA
VS.
NO. 3019 S. 1999
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION,
Respondent LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this day of August, 1999, upon consideration of the
petitioner's License Suspension Appeal, this Court has determined that it has no
jurisdiction in this matter.
The Dauphin County Prothonotary's Office is hereby directed to forward this file to
the Cumberland County Prothonotary's Office for disposition.
Distribution:
BY THE COURT:
Todd A. Hoover, Judge
Richard Allen Ross, 2532 Arcona Road, Mechanicsburg, PA 17055
Stephen S. Stokwitz, Esquire, Pennsylvania Department of Transportation, Office of
Chief Counsel, Forum Place, 555 Walnut Street, Harrisburg, PA 17101-1900
*Richard A. ROSS, pro se
v.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
ORDER
AND NOW, this day of , 1999, upon
consideration of the within petition, it is hereby ordered and
decreed that a hearing be held on the day of
1999 at o'clock in Courtroom , of the Dauphin County
Courthouse. A copy of said Petition and hearing notice shall be
sent to the Department of Transportation by certified mail by the
Petitioner. (Furthermore, due to the already scheduled suspension
date of August 6, 1999. . .the Petitioner may also hand deliver a
second copy of said Petition to PennDOT.)
0
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
NO: 1? S 1°1
By the Court:
V,
*Common Pleas Appeal No. 1517-CD-1999
(The case was tried on July 21, 1999)
Y
s,,
*Richard A. ROSS, pro se
v.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
NO: ?? S ?? lam(
LICENSE SUSPENSION APPEAL
1. Your Petitioner is a middle aged adult minister who
resides at 2532 Arcona Road - Mechanicsburg, PA 17055-6743; in
the County of Cumberland - telephone 717-766-4058.
2. Your Petitioner is a licensed automobile driver in
the Commonwealth of Pennsylvania - who has received a notice of
suspension, a copy of which is attached hereto as Exhibit "A."
Moreover, for the record, the Petitioner has been certified by
the Department of Transportation as having: "NO VIOLATIONS OR
DEPARTMENTAL ACTIONS.., NO MEDICALS OR DEPARTMENTAL ACTIONS...,
and, ...NO ACCIDENTS OR DEPARTMENTAL ACTIONS" since first being
licensed in 1961.
3. The said suspension would be viewed as improper and
unjust because, inter alia, (a) location of the alleged offense
if often unsafe, (b) some of the prosecutorial activities have
placed an unnecessary burden on the defense, and (c) one of the
crucial elements of the offense is missing AND evidence to prove
this missing element was available in the courtroom, and offered
by the Petitioner, but an opening for presentation was not given.
4. Wherefore your Petitioner prays the Honourable Court
to enter an order, directing a hearing be held, to determine the
validity of the suspension described in Exhibit "A."
4
a?
Richard A. ROSS, pro se
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
NO:
STATEMENT OF VERIFICATION
I verify that the statements made in the foregoing document about
a LICENSE SUSPENSION APPEAL for Richard Ross, are true & correct.
I understand that false statement(s) therein would be made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
CXNIK r 7 `A ti
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
JULY 02, 1999
RICHARD ALLEN ROSS 991769283449560 001
2532 ARCONA RD 06/25/1999
MECHANICSBURG PA 17055 12271453
03/08/1945
Dear Motorist:
As a result of your conviction on 05/07/1999 of
violating section 3345A of the Vehicle Code PASSING A
SCHOOL BUS on 02/02/1999, 5 points have been assigned to
Your record.
As mandated under Section 1535 of the Vehicle Code, a
60 DAY(S) suspension is hereby imposed.
In order to comply with this sanction you are required to
return any current driver's license, learner's permit and/or
temporary driver's license (camera card) in your possession
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to submit a DL16LC Form or a sworn affidavit stating that
you are aware of the sanction against your driving
privilege. Failure to comply with this notice shall result
in this Bureau referring this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(0)(4) of the
Vehicle Code.
Although the law mandates that your driving privilege is
under suspension even if you do not surrender your license,
Credit will not begin until all current driver's license
product(s), the DL16LC Form, or a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR
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 effective date of suspension is 08/06/1999, 12:01 a.m.
Please see the enclosed application for restoration fee
information.
991769283449560
You will be notified of
requirements approximately
date of the restoration of
any outstanding restoration
30 days before the eligibility
your driving privilege. You must
follow those instructions very carefully in order to have
your driving privilege restored.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date of this letter, JULY 02, 1999. If you file an appeal
in the County Court, the Court will give you a time-stamped
certified copy of the appeal. Send this time-stamped
certified copy of the appeal by certified mail to:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONT OFFICE CENTER
HARRISBURG, PA. 17104-2516
Sincerely,
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrejsburg, PA 17106-8693
C:I ?-
1 L
coo o??
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TOO IN STATE
TOO OUT-OF-STATE
AM TO 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
February 21, 2990
Edgar B. Bayley, Judge
1 Courthouse Square
Carlisle, PA 17013-3387
Dear Judge Bayley:
Please find enclosed a copy of a hearing notice...which
hearing was held in your court on December 13, 1999. Attorney
Matt Haeckler represented PennDOT (instead of George Rabusk).
Mr. Haeckler's agreement for my withdrawal of a civil appeal
was a bit long and perhaps even a bit too complicated for me
to fully absorb at the time of the hearing.
The court reporter assured me that she could make a good
transcript... if a written request were to be forwarded to your
office. The case is still pending before the Superior Court
and may be there for some time. Therefore, it is now my request
that someone from your office prepare an official transcript so
that it will be in my files for any future need in working with
PennDOT re: any needed delays of license suspension.
Thanks for your help in this matter. You have my regrets
for having to take valuable court time. Of course my contention
continues to be that the case should be dismissed due to innocence,
lack of due process in Dauphin County, etc., etc. It was truly
refreshing to stand in your courtroom and find what the average
American citizen would expect regarding judicial activity. (P.S.
my driving record with PennDOT was heretofore perfectly clean for
the nearly four decades of having had a license.)
7" - 'a' /1
Richard Allen Ross
2532 Arcona Road
Mechanicsburg, PA 17055-6743
(717-766-4058)
RICHARD A. ROSS, : IN THE COURT OF COMMON PLEAS OF
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER LICENSING 99-5062 CIVIL TERM
ORDER OF COURT
AND NOW, this 30" day of August, 1999, a hearing on the within license
suspension appeal transferred to this court by the Court of Common Pleas of Dauphin
County, shall be conducted in Courtroom Number 2, Cumberland County Courthouse,
Carlisle, Pennsylvania at 1:30 p.m., Monday, December 13, 1999.
George H. Kabusk, Esquire
For Department of Transportation
Richard Allen Ross, Pro se
2532 Arcona Road
Mechanicsburg, PA 17055
Petitioner
:saa
TRUE COPY FROM RECM
In Tosi:4nony whereof, I IWe unto set MY hand
Th Da Id ot(dZR Qom, a .i.L
/ I ' Prottw)WArf/
RICHARD A. ROSS,
Petitioner
V.
COMMONWEALTH OE' PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION:
BUREAU OF LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-5062 CIVIL TERM
DER OF COURT
AND NOW, this 13th day of December, 1999, the matter
coming before the Court on an appeal dated August 2, 1999, by Richard
Allen Ross of the suspension of his driving privileges of 60 days for
a conviction of passing a school bus, and the defendant having
appealed that conviction from the Court of Common Pleas of Dauphin
County and Superior Court of Pennsylvania, which conviction is
pending, and by agreement of the parties, it is ordered that:
1. The within appeal IS DISMISSED.
2. The Department shall reinstitute the suspension not
later than June 1, 2000; however, if a final order on the appeal has
not been decided by that date, Petitioner shall directly apply to the
Department for a further extension pursuant to Section 1555 of the
Vehicle Code, in which event, the extension will be granted until the
final disposition of the case in the a
By(the Cou
\-
late courts.
Matthew X. Haeckler, Esquire
Office of Chief Counsel
Vehicle and Traffic Law Division
1101 South Front Street
Harrisburg, PA 17104-2516
For the Plaintiff
Richard A. Ross, pro se
2532 Arcona Road
Mechanicsburg, PA 17055
r
30 5
It
Q' C
r ,
U1l
O C.)
RICHARD A. ROSS, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION:
BUREAU OF DRIVER LICENSING, :
Respondent 99-5062 CIVIL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings were held before
THE HONORABLE EDGAR B. BAYLEY, J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
Courtroom Number Two,
December 13, 1999.
MATTHEW X. HAECKLER, ESQUIRE
For the Commonwealth
RICHARD A. ROSS, Pro se
1
2
3
9
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
29
25
December 13, 1999
Carlisle, Pennsylvania
(Whereupon, the following proceedings were held.)
THE COURT: Good afternoon. Have a seat.
MR. HAECKLER: Good afternoon, Your Honor.
THE COURT: Have a seat. Go ahead.
MR. HAECKLER: This is Richard A. Ross versus the
Commonwealth of Pennsylvania Department of Transportation.
It's 99-5062 and this is an appeal of a 60-day suspension
imposed by the Department based upon a conviction for passing
a school bus. I believe the parties have come to an agreement
in this matter, Your Honor.
THE COURT: All right.
MR. HAECKLER: Mr. Ross took a timely appeal.
THE COURT: This is Mr. Ross here?
MR. HAECKLER: Yes.
THE COURT: All right.
MR. HAECKLER: Mr. Ross took a timely appeal to
his conviction of Superior Court.
THE COURT: Was the conviction in this Court?
MR. ROSS: No, Dauphin County.
THE COURT: Dauphin County. You live here? You
live in Cumberland County?
MR. ROSS: Yes.
2
E
7
8
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
29
25
MR. HAECKLER: Yes, Your Honor, and basically what
he is doing now is delaying the suspension to see if he can
get the conviction overturned.
THE COURT: Sure.
MR. HAECKLER: What we have agreed to do is have
the appeal dismissed today, and the Department will delay
reinstatement of the suspension until June 1st of the year
2000.
THE COURT: Okay.
MR. HAECKLER: With the understanding that if
Mr. Ross's appeal in Superior Court has not been decided by
June 1st of 2000, that he may apply for and obtain an
additional delay of the suspension.
THE COURT: Directly to the Department?
MR. HAECKLER: Yes.
THE COURT: Okay.
MR. HAECKLER: Pursuant to Section 1555 of the
Vehicle Code.
THE COURT: And that the Department will not
then -- then the Department would not otherwise act on it
until the matter's been resolved in the appellate courts.
MR. HAECKLER: Right. What he does is request
another delay, presents us with proof that the appeal has not
been disposed of in Superior Court, and they can give him an
additional 6-month delay.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT: And we will get rid of this problem byl
dismissing this appeal.
MR. HAECKLER: Yes.
THE COURT: Does that meet your approval?
MR. ROSS: Yes.
THE COURT: Enter the following order: And now,
today's date, the matter coming before the Court on an appeal
dated August 2, 1999, by Richard Allen Ross, of the suspension
of driving privileges 60 days for a conviction of passing a
school bus, and the defendant having appealed that conviction
from the Court of Common Pleas of Dauphin County and Superior
Court of Pennsylvania, which conviction is pending, and by
agreement of the parties, it is ordered that:
1. The within appeal IS DISMISSED.
2. The Department shall reinstitute the
suspension on not later than June 1, 2000; however, if a final
order on the appeal has not been decided by that date,
Petitioner shall directly apply to the Department for a
further extension pursuant to Section 1555 of the Vehicle
Code, in which event, the extension will be granted until the
final disposition of the case in the appellate courts.
That ought to do it.
MR. HAECKLER: That will do it.
THE COURT: All right.
(Whereupon, the hearing adjourned.)
4
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
z
3
CERTIFICATE
I hereby certify that the proceedings are contained
fully and accurately in the notes taken by me on the above
cause and that this is a correct transcript of the same.
Tt .lkA- ? Ctr
oiraine K. Trou man, RPR
The foregoing record of the proceedings on the hearing
of the within matter is hereby approved and directed to be
filed.
Edgar B. Ba ey, J.
Ninth Judici 1 District
5
rn c7,?,F',^?
OO I';Jj? I U F:I 3: 'so
G?Xy
PENNSYLVNVA