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Home My WebLink About03-5188COMMONWEALTH OF PENNSYLVANIA V JEFFREY C. CORBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL FROM DRIVER'S LICENSE SUSPENSION Petitioner, Jeffrey Charles Corby, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is an adult individual with a mailing address of 18 Cobblestone Drive, Carlisle, Cumberland County, Pennsylvania. 2 duly licensed to operate a motor vehicle in the Commonwealth of Petitioner is Pennsylvania. 3 By letter dated September 17, 2003, the Commonwealth of Pennsylvania Department of Transportation issued a Notice of Suspension of Driver's License to the Petitioner suggesting that his driver's license was being suspended as a result of a violation which took place on September 27, 2002 for violation of 18 P.S. §6308(a) of the Crimes Code. A copy of said notice is attached hereto and marked Exhibit "A'. 4 The effective date of the suspension is October 22, 2003. 5 Petitioner believes the suspension in question was a result of this court's order of August 28, 2003 whereby Petitioner was admitted into the Cumberland County ARD Program on various charges including one charge of purchase, consumption, possession or transportation of liquor/malt or brewed beverage. A copy of said order is attached hereto and marked Exhibit "B'. 6 By order of this court dated September 23, 2003, the order of August 28, 2003 was modified to correct the error. The charge of purchase, consumption, possession or transportation of liquor/malt or brewed beverage was to be dismissed pursuant to the ARD disposition. The September 23, 2003 order of court modifies the court's August 28, 2003 order by specifying that Petitioner was not entered into the Cumberland County ARD Program on the charge of purchase, consumption, possession or transportation of liquor/malt or brewed beverage. The September 23, 2003 order further dismissed that charge. A copy of said order is attached hereto and marked Exhibit "C". 7 With the dismissal of said charge by virtue of the September 23, 2003 order, the order of the Commonwealth of Pennsylvania Department of Transportation suspending Petitioner's license is illegal, arbitrary, unreasonable and an abuse of discretion contrary to law. WHEREFORE, Petitioner respectfully requests your Honorable Court that this appeal be allowed and that a hearing de novo be granted to determine whether the Petitioner is subject to suspension of operating privileges, and that this appeal act as a supercedeas pending hearing, and that upon conclusion thereof, the order of the Commonwealth of Pennsylvania Department of Transportation be vacated and the appeal sustained. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: SEPTEMBER 17, 2D05 JEFFREY C (ORBY 18 COBBLESTONE DRIVE CARLISLE PA 17013 WID $ 032536~9402296& 001 PROCESSING DArE 09/10/2003 DRIVER LICENSE e 26353105 DATE OF B~RTH 02/07/t983 Dear MR. CORBY: As a resu[: of your violation on 09/27/2002 of violating Section A&308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a ~eriod of i YEAR(S) as mandated by section 1~32D of the vehicle code. The e~ecttve date o~ suspenssen Ls 10/22/2003, 12:01 a,m. Before PennDOT can restore your driving privilege, you must follow the Instructions in this letter far COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YoU should fol~ow ALL ~nstructLons very carefully. Even If you have served all the time on the suspension/revocation, ~e cannot ~estore your drivlng tlege unit[ a[~ ~he ~equlPement; are satisfied. COMPLYING WITH THIS SUSPENSION cards) in your Possession on or before i0/22/2gg~. You may surrender these items before, 10/22/2003, far earlier credit; however, you may not drive after these items are YOU NAY NOT RETAIN YOUR ORZVERmS LICENSE FOR iDENTiFICATiON PURPOSES. However, you may a~PlY For and obtain a ohoto i~e~tificatAon card at any Driver License Center for s cost of lO.O0. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your oh0to identification card. You w~Z not recelve oredSt toward serving any suspension untiZ we ~ecetve ~our Zloanse(s). Complete the following steps to acknowledge this suspension. EXH~IT 052~3&19~0229~8 rized letter stating you are aware of the suspen=ion of your driving privilege. You must s~ecify in your letter why you are unable to return your driverfs license. Remember: YoU may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Deoartment of Transportation Bureau of Driver Licensing Harrisburg, PA 17106-8&93 Uaon receipt, review and acceptance of your Pennsylvania driverfs license(s)~ learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that cred)t began, if you do not re- ceive a receipt from us within $ 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. ~f you do not return all current driver license ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You ~ust ~ay a restoration fee to PennOOT to be restored from a suspension/revocation of your driving Privilege. To Pay your restoration fee~ complete the following ste~s: Return the enclosed Application for Res:oration, The amount due is listed on the apolication. 2. ~rite your driver's license number Clisted on the first page) on the check or money order to ensure ~roper credit. 3. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last ~0 days of your sus~ension/~evocation, we will send you a letter asking that you Drovide proof of in- surance at that time. This letter wit1 21st acceptable documents and what will be needed if you do not own a vehicle regtstered ~n Pennsylvania. Zm~o~tant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennOOT of your address change bY calling any of the Phone numbers ~is~ed at :he end of this le~er. ~2~I9~22968 APPEAL You have the right to appeal this action to the Court of Cammon Pleas (Civil Division) w~thin 5~ days of the ~ail date, SEPTEMBER 17, 2005, of this le~te~. If you file an a~eal tn the county couPt, the couPt WtZl give You a time- stamped cen~ifted co~y o~ the a~ea[. In order for your appeal to be valid, you must send this time-s~amped certt- Pennsylvania Detect,eat of T~anspo~ta~lon Off~c~ of Chief Counsel Third F]ooP, Riverf~ont Office Center Harr~sbu~g~ PA [?[0q-251& Remember, this is an OFFICIAL NOT~CE OF SUSPENSION. You to PeanDOT by 10/22/2005. Sincerely~ Rebecca L. 81ckley, Director ~ureau ~f Driver Licensing INFORMATION 7:00 a.m. to 9:00 a.m. IN STATE 1-800-9~2-4600 TOD IN STATE OUT-OF-STATE 717-391-6i90 TDD QUT-QF-STATE WEB SITE ADDRESS www.dat.state.pa.u~ 1-800-228~067~ COMMONWEALTH OF PENNSYLVANIA JEFFREY CHARLES CORBY : 03-0199 : Ct-lARGE: IN THE COURT OF COMMON PLEAS O? CUMBERLAND COUNTY, PENNSY~VANI~ CRIMINAL 1) UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA 2) PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR/MALT OR BREWED BEVERAGE 3) DEFIANT TRESPASS : AFFIANT: SGT. MICHAEL DZEZINSKI ORDER AND CONDITIONS ACCELERATED REHABILITATIVE DISPOSITION AND NOW, this 28th day of August, 2003, the above defendant having been moved by the District Attorney for admission to the Accelerated Rehabilitative Disposition Program pursuant to Rules of Criminal Procedure Nos. 310-319 and the District Attorney having no objection to dismissal of the above charges, upon successful completion of the program, and the defendant having indicated an understanding of the program, the conditions prescribed by the Court for the defendant's conduct are as follows: 1. The defendant shall remain under the Accelerated Rehabilitative Disposition Program and subject to the administrative supervision of the Cu~erland County District Attorney's Office for a period of/'~Q~ months, during which time the defendant shall obey all Federal, State and Local laws and be of good behavior. 2. The defendant has paid the required ARD fee and costs as directed by the District Attorney's Office. 3. To pay restitution in the amount of SQ. EXHIBIT 4. To complete Community Service as directed by the District Attorney's Office. 5. To successfully complete counseling as directed by the District Attorney's Office. 6. To submit to urine tests for drugs and alcohol, and to pay for same as requested by the District Attorney's Office or the Probation Office. 7. The defendant shall immediately notify the Cumberland County District Attorney's Office of any address change. The defendant acknowledges that in the event notice of any hearing is sent to the defendant's last known address and the defendant shall, thereafter, fail to appear, he will be removed from the ARD Program and his case listed for formal arraignment and trial. 8. The court notes that the defendant has accepted the above conditions and, accordingly, all further criminal proceedings are postponed during the term of the program so long as the defendant complies with the above conditions. IT IS FURTHER ORDERED AND DIRECTED that failure to comply with any of the above conditions may result in the defendant's revocation from the ARD Program and full prosecution of the charges as provided by law. By the Court, Edgar Bo David J. Freed First Assistant District Attorney Hubert Gilroy, Esquire Attorney for Defendant Bayley, J. COMMONWEALTH OF PENNSYLVANIA V JEFFREY CHARLES CORBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 0199 CRIMINAL :CHARGE: : 1) UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA 2) PURCHASE, POSSESSION, CONSUMPTION OR TRANSPORTATION OF LIQUOR/MALT OR BREWED BEVERAGE 3) DEFIANT TRESPASS COURT ORDER AND NOW, this ~O~ day of September, 2003, upon consideration of the attached Stipulation signed by the District Attorney's Office and counsel for the Defendant, it is ordered that this court's order of August 28, 2003 is modified to reflect the following: I. The charges for which Defendant has entered the Cumberland County ARD Program include Charge 1 above of unlawful possession of drug paraphernalia and Charge 3 above of defiant trespass. 2. The Defendant is not entered into the Cumberland County ARD Program for Charge 2 above being purchase, consumption, possession or transportation of liquor/malt or brewed beverage. Said charge is hereby dismissed. BY THE COURT, CC: Hubert X. Gilroy, Esquire David Freed, Esquire tEtlgar ff. Bayley EXHIBIT A TRUE COPY FROM RECORD In Tesffmony Whereof, I hem unto set my hand and ~e seal of sak~.,o~_ t~ a~ ~M, P~ ~..~ ~ Cie~f the Court ~ ~ ~d Coun~ COMMONWEALTH OF PENNSYLVANIA V JEFFREY CHARLES CORBY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 0199 CRIMINAL : : CHARGE: 1) UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA 2) PURCHASE, POSSESSION, CONSUMPTION OR TRANSPORTATION OF LIQUOR/MALT OR BREWED BEVERAGE 3) DEFIANT TRESPASS STIPULATION The attorney for the Commonwealth and the attorney for the Defendant hereby agree and stipulate that the court may enter the attached order. Date: ~7~ D/O~ Date: David Freed, Esquire Attorney for the Commonwealth COMMONWEALTH OF PENNSYLVANIA V JEFFREY C. CORBY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : APPEAL FROM DRIVER'S : LICENSE SUSPENSION COURT ORDER AND NOW, this~ML day of~r,0)tht-'g:0~ 2003, upon consideration of the foregoing Petition for Appeal from an order of the Co. mmonwealth of Pennsylvania Department of Transportation, suspending the operating privileges of Jeffrey Charles Corby, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of his operating privileges· This Appeal shall act as a supercedeas of the suspension order and the Pennsylvania Department of Transportation is directed to adjust their records accordingly· A hearing is scheduled in Courtroom No. ~3~ of the Cumberland County Courthouse on the ~-6K . day of ~ ,2003 at ~'.30 ~. i~l. M. at which time matters regarding the attached petition shall be heard· CC; BY THE CO/UR By: Hubert X. Gilroy, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ,J. COMMONWEALTH OF PENNSYLVANIA, V JEFFREY C. CORBY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 5188 : : APPEAL FROM DRIVER'S : LICENSE SUSPENSION PRAECIPE On behalf of the Petitioner, Jeffrey C. Corby, please discontinue the Petition for Appeal for Driver's License Suspension file in the above matter. Respectfully submitted, H~oy, Esquire Attorney for/Defendant Broujos &/Gilroy, P.C. 4 North !~anover Street Carlisle,/PA 17013 (717) 243-4574 Supreme Court ID No. 29943