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Home My WebLink About07-1981IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH Brian Keeth Gutshall, Civil Action -Law Plaintiff O7 /Q~~ : ~lv~~ vs. Commonwealth of Pennsylvania, Pennsylvania Dept. of Transportation: Defendant APPEAL OF PLAINTIFF. BRIAN KIETH GUTSHALL, FROM THE NOTICE OF SUSPENSION BY THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NOW COMES the Plaintiff, Brian Keeth Gutshall, by and through his attorney, Eric J. Weisbrod, Esquire, and sets forth the following in support of his requested relief; The Plaintiff is Brian Keith Gutshall, who resides at 108 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is the Pennsylvania Department of Transportation, ("Penn. D.O.T."), Bureau of Driver Licensing, maintaining a mailing address for Appeals of license suspensions, at Penn. D.O.T., Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania. 3. The Plaintiff s Operator's number is 21996529; the Plaintiff's date of birth is November 23, 1969. 4. The Plaintiff received a Notice from Penn. D.O.T. with a mail date of March 12, 2007, advising him that license would be suspended for a period of 1 year as a result of a conviction on March 2, 2007 for violating § 1543A of the Vehicle Code. A copy of the Notice of Suspension is attached hereto as "Exhibit A". 5. The Plaintiff believes, and therefore avers, that Penn. D.O.T. is without legal authority to suspend his operator's license due to the fact that according to the Office of District Judge Duane Cunningham, the Defendant had failed to enter a plea to the offense, and has therefore not been convicted, and a Not Guilty pleas has since been entered by the Plaintiff. WHEREFORE, it is respectfully requested that this Honorable Court: 1. enter the attached Order issuing a Rule upon the Commonwealth of Pennsylvania, Department of Transportation to show cause why the Plaintiff's license should be suspended; 2. grant the Plaintiff s request that this appeal act as a supersedeas of the license suspension pending a hearing on the matters raised; 3. restore the Plaintiff's operator's privileges to him. Respectfully Submitted, ~~ Eric J. Weisbrod, Esquire Attorney for Plaintiff Law Office of Eric J. Weisbrod, LLC 100 Walnut Street Waynesboro, PA 17268 (717) 762-8028 Attorney I.D.# 80456 Mar 22 07 Gy:4"a E~onnie Gu~shai! 717-532-50~ P ~ 1 ~~OMMONWEALTH OF PENNSYLVANIA DEPARTMENT ~F TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 12, 2007 BRIAN KEITH GUTSHALL IiID ~ 07DG49263225918 001 108 E ORANGE ST PROCESSING DATE 03/05/2007 DRIVER LICENSE # 21996529 SHIPPENSBt1RG PA 17257 DATE OF BIRTH Ll/23/1969 Dear MR. GUTSHALL: This is an Official Notice of the Suspension of your IIriving Privilege as authorized Icy Section 1543 of the Pennsylvania Vehicle Code. As a result of your 03/02/2007 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE an OI/31/200'T: * Your driving privilege is SUSPENDED for a period of 1 YEARS) effective 03.~12i2007 at 12:01 a.m. This suspension is in adclition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicat4~ that your driving privilege is currently suspended/revolted. You must return all current Pennsylvania driver's licenses, learner's pere-its, tempo- rary driver's licenses (camera cards) in your possession IMMEDIATELY. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo - - - ~e-flt-r~i-cat.on card at a~rry `Dr°ive"'r'-t3-tense"CeriEer ror a cost of SI0.00. ~YoV must present two C2) forms 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 creiiit toward serving any suspension until we receive your lie;ense(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 nota- rized letter stating ~~ou are aware of the suspension of Your driving privilege. You must specify in your letter why you are unable to return your drivers license. Mar 22 07 09:41a Bonnie Gutshali 717-532-5098 p~2 070649283225918 Remember: You may .got retain your driver's license for identification purp~~ses. Please send these items to: Penns~ilvania Department of Transportation Bureau of Driver Licensing P.O. llox b8693 Harri_burg, PA 17106-8693 2. upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permitts3, camera card(s), and/or a si~orn notarized letter, PennDDT will _ sert.d you a receipt _ron.fi-nrning --the--date that cre~+it be- gins. 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. PennDDT phone numbers are listed at the end of this letter, 3. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for pr~~secution under SECTION 1571ia)C4) of the Pennsylvania 'vehicle Cade. PROVIDING PROQF OF INSURtINCE 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 do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDDT is notified if you move from your current address. You may notify PennDDT of Your address change by ~:alling any of the phone numbers listed at the end of this letter. APPEAM_ You have the right to appeal this action to the Court of Common Pleas (Civil Divi::ion) within 30 days of the mail date, MARCH 12. 2007, of this letter. If you file an appeal in the County Court, the t:ourt will give you a time-stamped certified Copy of the apps#a2. In order for your appeal to be valid, you must 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 717-532-5098 Mar 22 07 09:41a Bonnie Gutshall 070644283225918 Remember. this is an OF~FICZAL NOT2CE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. p.3 Sincerely, - - -` ~- Janet L. Dolah, Director ~ Bureau of Driver Licensing SEND FEE/LICENSE/DL-I6LC.'T0: iNFORMATIDN CB:Ofl AM TO 6:00 PHl Department of Transportai:ion IN STATE I-800-932-4600 Bureau of Driver Licensing OUT-OF-5TATE 717-412-5300 P.O. Box 68693 7DD IN STATE 1-80Q-228-0676 Harrisburg, PA 17106-8653 TDD OUT-OF-STATE 717-412-5380 w ~ °-J c'} c~_: [ i ~ I _ fir.. ', _._ ~:._- ./, fi..~ T ~~~ ej -7~ T i .~ ,- ~t-3 ,_. (,mod 7~ .."'~ ~~ "'~ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH Brian Kieth Gutshall, Civil Action -Law Plaintiff ~~ v7 jqp~ ~~~~ vs. Commonwealth of Pennsylvania, Pennsylvania Dept. of Transportation: Defendant ; ORDER OF COURT GRANTING A RULE TO SHOW CAUSE NOW this 111h day of ~Q ~~~ . '~00~ ,the within Appeal of License Suspension and Assignment of Points having been filed; IT IS HEREBY ORDERED that a Rule is issued upon the Pennsylvania Department of Transportation to show cause why the relief requested by the Plaintiff sh uld not be granted. The Rule is returnable at a hearing to be held on ~ri ~ d ~ , 2007, in Courtroom # s , at D 'clock $.M., Cumberl d County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. This appeal. shall act as supersedeas of the assignment of points to the Plaintiff's license, and shall stay any further action by the Department, including any license suspension, pending the outcome of this hearing. By the Court, ~.-j.~a~ '~ ~ -r i .: ~. ~G',fr~ ~~~ ~ ~{~ ~ a~J T ,;-:- ~ ~ . IN THE COURT OF COMMON PLEAS OF THE 9~ JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH Brian Kieth Gutshall, Civil Action -Law Plaintiff vs. No. 07-1981 Commonwealth of Pennsylvania, Civil Term Pennsylvania Dept. of Transportation Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please discontinue the above captioned Appeal. Respectfully submitted, Eric~Weisbrod, Esquire Supreme Ct. ID No. 80456 Law Office of Eric J. Weisbrod, PC. 100 Walnut Street Waynesboro, PA 17268 (717) 762-8028 ca t_r ~--~~-. ~ ~ ?T_ ~ ~ f-_l ~_ rn .~- ~ o " ~ -4 .~ __.. -c