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Home My WebLink About04-1213 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, NO. 0 '1- I,). /'3 ~~ Plaintiff! Appellee, vs. CIVIL ACTION - Law ROBERT CARL HOWARD, Defendant/Appellant. DRIVER'S LICENSE SUSPENSION APPEAL l. The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, is in fact an agency organized and existing pursuant to the laws of the Commonwealth of Pennsylvania with its principal place of business located in Harrisburg, with its mailing address being P.O. Box 68693, Harrisburg, Pennsylvania 17106-8693. 2. The above-captioned Appellant, Robert Carl Howard, is an adult individual who currently resides at 5404 Laurie Lane, Enola, Pennsylvania 17025. 3. The above-captioned Appellant received an official notification of a suspension via a letter from the Appellee, PennDOT, dated February 20, 2004, wherein the Appellant was informed that as a result of his conviction of Section 3309 of the Pennsylvania Vehicle Code (Driving on Roads Laned for Traffic) on December 18,2003, his license would be suspended for a period of sixty (60) days with such suspension being effective March 26, 2004 at 12:01 a.m. (See attached Appellant's Exhibit "A" which is incorporated herein by reference as if set forth in full). 4. The above-captioned Appellant, Robert Carl Howard, filed a timely summary conviction appeal with the Court of Common Pleas of Dauphin County, Pennsylvania wherein he is contesting the finding of guilt and has requested a de novo hearing before the Court. 5. The Appellant believes and therefore avers that he will be successful in his summary conviction appeal at the time of hearing on the merits on the underlying traffic violation case. 6. Additionally, by filing this Driver's License Suspension Appeal, the Appellant seeks the entry of a supersedeas Order; thus postponing any suspension until after a hearing on the merits in this matter. WHEREFORE, the above-captioned Defendant! Appellant, Robert Carl Howard, respectfully requests this Honorable Court to enter an Order directing that this Appeal act as a supersedeas to his license suspension by setting aside the suspension of his driving privileges pending the hearing on his summary conviction appeal and pending the hearing on the instant appeal and after such hearing, if Appellant is successful, enter an order vacating the suspension. Respectfully submitted, Farley G Holt, Esquire HOLT & OGDEN, LLP 34 North Queen Street York, Pennsylvania 17403 I.D. #59920 (717) 846-0550 . VERlFICA nON I, K~'Lt (: NCXJti1&- ' do hereby veritY that the Statements set forth in the aforegoing {jl)I)Y-~ are true and correct to the best of my knowledge, information and belief I understand that false statements made herein are made subject to the penalties of 18 PA. C.S.A. Section 4904, relating to unsworn falsification to authorities. /R~~ -- ~ -, Dated this If day of 11( ttLd. 200-1 COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 FEBRUARV 20, 2004 ROBERT CARL HOWARD 5404 LAURIE LANE WID' 0404492a3335303 001 PROCESSING DATE 02/13/2004 DRIVER LICENSE' 21a34a47 DATE OF BIRTH 06/10/1969 ENOL A PA 17025 Dear Motorist: As a result of your conviction on 02/10/2004 of violating Section 3309 of the Vehicle Code, DRIV ON ROAD LANE FOR TRF on 12/18/2003 your privilege to drive a commercial motor vehicle is being disqualified for a period of 60 DAV(S) as mandated by Section 1611G of the Vehicle Code. The effect1ve date of d1squa11f1cat10n 1s 03/26/2004, 12:01 a.m. 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(a)(4) of the Vehicle Code. Although the law mandates that your driving priVilege is under suspension even if YOU do not surrender your license, Cr-ed1t 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 VOU A RECEIPT. IF VOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, VOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. E:r-J/! b 17 If /J J 040449283335303 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if yOU elect to obtain this noncommercial Class C or M license, yoU are still prohibited from operating a commercial motor vehicle. If yOU do so, you are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (FEBRUARY 20, 2004) of this notice. You must still send in your license before the effective date of disqualification unless yOU appear in person before a Judge and receive an order permitting you to continue to drive. PL.EASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL. HAS TIME-STAMPED CERTIFIED CERTIFIED MAIL. TO: BEEN FIL.ED IN THE COUNTY COURT, A COPY OF THE APPEAL. MUST BE SENT BY PENNSYL.VANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL. THIRD FL.OOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 SincerelY, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing 040449283335303 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 TOO IN STATE TOO OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, NO. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Plaintifll Appellee, vs. CIVIL ACTION - Law ROBERT CARL HOW ARO, Defendant/Appellant. CERTIFICATE OF SERVICE I, Farley G Holt, Esquire, do hereby certify that I served a true and correct copy of the within Driver's License Suspension Appeal by mailing the same to the Office of the District Attorney, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, on this 19th day of March, 2004, by regular U.S. mail, postage prepaid and upon the Appellee, PennDOT, by certified mail at Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. DATE OF SERVICE: 19th day of March, 2004. '1: ,,(\ J -- ~ ~ ~ ~ o ~!.J. 1.-, (; ,,\ "' 1". ....."' , l-'.j c.... -_i ~.-~ C'_l,~ \:J ROBERT CARL HOWARD, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1213, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT DRIVER LICENSE DIQUALIFICATION APPEAL MOTION TO DISSMISS APPEAL AS MOOT The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated February 20, 2004, the Department of Transportation, Bureau of Driver Licensing, notified Robert Carl Howard, that his privilege to operate a commercial motor vehicle was being disqualified for 60 days pursuant to Section 1611 G of the Vehicle Code as a result of his conviction on February 10, 2004, ofa violation on Section 3309 of the Vehicle Code on December 18, 2003. See exhibit number l. 2. The petitioner, Robert C. Howard, filed an appeal of the above-mentioned suspension on or about March 22,2004, in the Court of Common Pleas of Cumberland County. 3. A hearing has not been scheduled in this matter. 4. The petitioner additionally filed an appeal in the underlying conviction of Section 3309 of the Vehicle Code. 5. The Department received a report from the court indicating that the petitioner was acquitted of the charge ofa violation of Section 3309 of the Vehicle Code. 6. The Department corrected its records and deleted the violation of Section 3309 of the Vehicle Code and rescinded the associated disqualification. See exhibit number 2. WHEREFORE, the Department respectfully requests that the matter be dismissed as Moot as the Department rescinded and deleted the disqualification which is the subject of this appeal. Respectfully submitted, ~KML George . Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, P A 17104-2516 (717) 787-2830 Date: March 31, 2005 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 FEBRUARY 20, 2004 ROBERT CARL HOWARD 5404 LAURIE LANE WID. 04044~283335303 001 PROCESSING DATE 02/13/2004 DRIVER LICENSE' 21834847 DATE OF BIRTH 06/10/1~6~ ENOLA PA 17025 Dear Motorist: As a result violating Section LANE FOR TRF on commercial motor of 60 DAY(S) as Code. of your conviction on 02/10/2004 of 3309 of the Vehicle Code, DRIV ON ROAD 12/18/2003 your privilege to drive a vehicle is being disqualified for a period mandated by Section 1611G of the Vehicle The e~~ective date o~ disquali~ication is 03/26/2004, 12:01 a.m. In order to comply with this sanction yOU are required to return any current driver IS 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 aff~davit 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(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if yeu do not surrender your license, CI'edit 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 ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIVE THIS RECEIPT WITHIN 15 DAYS IMMEDIATELY. OTHER_~SE, YOU WILL NOT SERVING THIS SANCT~. YOUR LI CENSE OR RECEIPT. IF YOU DO NOT CONTACT THE DEPARTMENT BE GIVEN CREDIT TOWARD ~l 040449283335303 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial meter vehicle~. If yau wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if yOU elect to obtain this noncommercial Class C or M license, you are still prohibited from operating a commercial motor vehicle. If you do so, yOU are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (FEBRUARY 20, 2004) of this notice. You must still send in your license before the effective date of disqualification unless you appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE: APPEAL HAS TIME-STAMPED CERTIFIED CERTIFIED MAIL TO: BEOEN FIl.ED IN THE COUNTY COURT, A COPY OF THE APPEAL MUST BE SENT BY PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 SincerelY, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing 040449283335303 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 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 PENNSYLVANIA DERARTMf.NT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY MAR 14 2005 DRIVER: ROBERT CARL HOWARD 5404 LAURIE LANE ENOLA, PA 17025 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE DRIVER LICENSE (DL) LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES ORIG ISSUE DATE MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS PAGE 1 21834847 JUN 10 1969 MALE REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) JUN 25 2001 JUL 19 1985 NONE CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS CDL RESTRICTIONS CDL LEARNER PERMITS: CDL LICENSE STATUS A* JUN 25 2001 JUN 11 2005 NONE NONE VALID SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED PL LICENSE EXPIRES : PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** fr2. PAGE 2 CERTIFIED DRIVING HISTORY - MAR 14 2005 - LICENSE NUMBER 21834847 CONTINUED - ~ . - - - . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TIOLATION DATE: TIOLATION: )ESCRIPTION: ::ONVICTION DATE: !'.CTION: VIOLATION DATE: ITIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUL 10 1987 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 062 MPH IN A 040 MPH ZONE JUL 20 1987 ASSIGNED POINTS MAR 11 1988 VEHICLE CODE: 3112A3I RED LIGHT VIOLATION MAY 03 1988 POINT EXAM PASSED EXAM JUL 26 1988 NOV 01 1988 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 065 MPH IN A 040 MPH ZONE NOV 09 1988 DEPARTMENTAL HEARING NO ACTION AS A RESULT OF A HEARING JUN 06 2003 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 059 MPH IN A 040 MPH ZONE JUN 16 2003 POINTS ASSIGNED SERIOUS TRAFFIC OFF *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - MAR 14 2005 - LICENSE NUMBER 21834847 CONTINUED ~ ~ _ _ _ _ w _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: LOCATION: VEHICLE TYPE: JUN 06 1986 CUMBERLAND CTY PASSENGER ACCIDENT DATE: LOCATION: VEHICLE TYPE: FEB 26 1988 CUMBERLAND CTY TRUCK ACCIDENT DATE: LOCATION: VEHICLE TYPE: DEC 21 1998 CUMBERLAND CTY TRUCK *** END OF RECORD *** CERTIFIED DRIVING HISTORY PAGE 4 MAR 14 2005 - LICENSE NUMBER 21834847 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, ~~,~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:MAR 14 2005 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, ~~j).~ SECRETARY OF TRANSPORTATION SEAL ROBERT CARL HOWARD, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1213, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT DRIVER LICENSE DIQUALlFICATION APPEAL VERIFICATION I verifY that the statements made in the Motion to Dismiss Matter as Moot are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: March 31, 2005 Ge~~K!~i L Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 ROBERT CARL HOWARD, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-1213, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT DRIVER LICENSE DIQUALlFICATION APPEAL CERTIFICATE OF SERVICE I hereby certif'y that I am this day serving a copy of the Motion to Dismiss Matter as Moot upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Farley G. Holt, Esquire 34 N. Queen Street York, Pennsylvania 17403 Date: March 31, 2005 Geo!?i Jf:!t C Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 ( .~ C) ., ".,-, ( , , .~.//..~...~..~~~~ ._.~.-/.~~~.~_/----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, NO. 04-1213 DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Plaintiff! Appellee, vs. CIVIL ACTION - Law ROBERT CARL HOWARD, Defendant! Appellant. PRAECIPE TO WITHDRAW DRIVER'S LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: Please withdraw the above-captioned Driver's License Suspension Appeal. DATE: ,0/4f7 2ti~ Attorney for Defendant! Appellant Supreme Court ill # 59920 HOLT & OGDEN, LLP 34 North Queen Street York, Pennsylvania 17403 (717) 846-0550 ROBERT CARL HOWARD, PETITIONER IN THE COURT OF C CUMBERLAND CO PENNSYLVANIA v. No. 04-1213, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT MMON PLEAS TY, s DRIVER LICENSE or UALIFICATION APPEAL ORDER AND NOW, this ~ ~ ~ day of ,2005, upon consideration ofthe Department of Transportation's Motion to Dismiss Ma ter as Moot, it is hereby ORDERED that the above-captioned matter be Dismissed as Moot. BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Office C Street, Harrisburg, PA 17104-2516 FarleyG. Holt, Esquire, 34 N. Queen Street, YorkPA 17403 J. ter-3rd Floo , 1101 South Front 'I /}V~ ~ fry -a'S" ,]lfs 'i1N''i^V.SNN3d AlNn<J~ C'YI".138VI/n:) I Z :Zllold 9- HdV SOUZ A.bvlG:'~OHll)Qd 3Hi :lO ;:G:l::O-{J31H