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HomeMy WebLinkAbout01-6572 iV'l CHARLES A. ESPENSHADE, : IN THE COURT OF COMMON PLEAS Plaintiff V. DEPARTMENT OF TRANSPORTATION, Defendant , DAUPHIN COUNTY, PENNSYLVANIA NO. 5256 CV 2001-CV ORDER AND NOW, this I~}~ day of November, 2001, since venue in this case is not proper in Dauphin County, pursuant to 42 Pa.C.S. §933(a)(1)(ii), the Prothonotary is directed to transfer this case to the Court of Common Pleas of Cumberland County. It is further ORDERED that this court will not entertain Plaintiff's Application for Leave to Proceed In Forma Pauperis since venue is not proper in Dauphin County~ Brace F. Bratton, Judge Distribution: Charles A. Espenshade, 155 Salem Church Road, Lot 2, Mechanicsburg, PA 17055 Pennsylvania Depattment'of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Stephen Farina, Dauphin County Prothonotary Curt Long, Cumberland County Prothonotary, One Courthouse Square, Carlisle, PA 17013-3387 hereby certi~.~, th~,/th~ forc~?oing is a true and ~rre~ copy~of the original flied, i~ Date: 11/14/2001 Time: 05:49 PM Page 1 of 1 Dauphin County ROA Report Case: 5256-CV-2001-CV Current Judge: No Judge Charles A Espenshade vs. Commonwealth of PA DOT Civil User: LGARCIA Date Judge 11/7/2001 11/13/2001 11/14/2001 New Civil Case Filed This Date. Since venue in this case is not proper in Dauphin County, pursuant to 42 Pa.C.S. 933(a)(1 )(ii), the Prothonotary is directed to transfer this case to the Court of Common Pleas of Cumberland County. It is further ORDERED that this court will not entertain Plaintiff's Application for Leave to Proceed In Forma Pauperis since venue is not proper in Dauphin County. Copies Dist 11/13/01 by Court the above action transfer to Court of Common Pleas of Cumberland County. Bruce F. Bratton Bruce F. Bratton No Judge #OV 1 4 i hereby certify that the forsDolng hi a true and correct copy~of the orlolnll f,ed. I\ . . .... VINVA'I/LSNN~d VS. : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : : : NO. Defendant APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPER.IS I, ~r~c~__~ ~ ~.6,p~,,~ , due to my financial condition, am unable to pay the cost of this action, wherefore, I request I be pemfitted to file in Fotsna Pauperls. -SWORN AND SUBSCRIBED ~O BEFORE ME THIS' DAY OF ~)c-n~, '. Date AND NOW, THIS day of upon presentation and consideration of the attached information regarding the request of to file in Forma Pauperis, said request is hereby gianted. Jo Social Security Number: (b) Employment the. Julaintiff)~dcfend~nO in thc above matter and because of my financial 1. I condition am unable to pay the fees and costs of prosecuting br defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the infommtion below relating to my ability to pay the fees and -costs is true and correct: (c) If you are presently employed, state Employer: .~-~ k.~oE. Address: ~o~ ~O~- S~ or wages per month: Type o.f work: C~c If you ~e presently unemployed, state Date of last employment: Sal~ or wage per month: 0 Type of work: o Other income within the past twelve months Business or profession: ~ Other self-employment: 0 Interest: 0 Dividends: Pension and benefits: 0 Social security benefits: 0 Support payments: 0 Disability payments: 0 Unemployment compensation and supplemental benefits: 0 Workrnan's compensation: 0 Public assistance: 0 Other: 0 % (d) (e) Other contributions to household support GVife) (Husband) Name: C) If your (wife) (husband) is employed, state Employer: C) Sa]ar~ or wages per month: 0 Type of work:_ C) Contributions from children: 0 Contributions from parents: 0 Other contributions: 0 Property owned Cash: 0 Checking account: Savings account: Certificates of deposit: 0 Real estate (including home): Motor vehicle: Make~'e-~- Cost Dt'~. Stocks: bonds: 0 Other:' 0 · Year , Amount owed (f) Debts and Obligations Mortgage: 0 Rent:_.3oq~ Loans: (PO Persons dependent upon you for suppor.t (Wife) (Husband) Nm'ne: 0 Children, if any: Name: X2 Age: Other persons: · . Name: o Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are tree and correct. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Petitioner Proth. - 71 Plaintiff: Charles A. Espenshade VS Defendant: Department Of Transportation First I would like to mention that from 1990 until September of 2000; I wasn,t>even- living in the State of Pennsylvania, I have not then, nor now received anythi~g~om DOT, concerning any traffic violations. At this time I am up for a promotion at work for an Assistant Managers position, but ~am required to get my State Inspection License: So I Charles A Espenshade respectfully ask the Court to overturn the Department Of Transportations decision to revoke my drivers license'for an additional 2 years; as a result of my October 5th 2001, conviction of violating Section 1543A of the vehicle code DRIVING WI-III.E SUSP/REVOKE on September 8z 1987. I intend to prove that I was not under a suspension or revocation at that time. But, first I need to explain the events; I work for Jiffy Lube Inc. and they wanted me to get my State Inspection License, so I applied/enrolled to the Cumberland Vocational Technical School, at that time August 2001 1 learned that my license had expired. I went to the DOT to make amends and at that time I was told/given a letter stating that my license was indefinitely suspended due to the following 3 reasons: la. Did not respond to Traffic Citation (A99425) in the following court 09305, violation date 4-24-87, I called the District Justice's office to find out what if anything was owed, they were unable to find any records of this violation, and they were unwilling to help me clear up this matter with a letter stating that they have no records and to have this expunged from my record. So at that time I contacted Tara Kollas at the AOPC to see how to take care of this, I was then referred to Mr. Ronald Johnson ESQ of the Special Court Administrators Office, he then wrote me a letter stating that they have no records of such conviction or outstanding fines or cost, taking this offofmy record. lb. (This is the one that I am appealing) Traffic Citation (M200224) court 12101 violation date 9-8-87. I called the District Justice to find out what if anything was owed and was told I owed $217.75; and at this time there was still one more violation listed on this letter, Traffic Citation (Al 10282) court 09304 dated 3-2-88; I then called this District Justice to find out if anything was owed and was told that it actually had been paid 5-25- 88 in the amount of $ 242.50. I at this time went to the District Justices Office 12101 and paid the fine, not realizing that by doing so I was pleading guilty to the citation that was by now 14 years old. Plaintiff.' Charles A Espenshade VS Defendant: Department Of Transportation After paying the fine I then received another letter from DOT stating that my license has been revoked for an additional 2 years effective 10-13-2001, as a result of my 10-5-2001 conviction of violating Section 1543A of the vehicle code DRIVING WHILE SLISP/REVOKE on 9-8-1987. I at this time intend to prove that I was not driving under a suspended or revoked license, I went to the DOT and got a Certified copy of my driving record and according to my copy of the Certified Driving History report printed out October 18th 2001; my driving privilege was revoked for 1 year effective July 30m 1986 and to be restored July 30t~ 1987. Then they are showing that on September 8th 1987 1 have a {Violation; Vehicle code 1533 } which is Failure to Respond, the next revocation was effective December 2 1988 from a March 2na violation dated effective March 28th 1988. At that time I should have had my license back, it was neither revoked or suspended and anything on my record from and including September 8th 1987 should be removed from my record due to the fact that they were not valid violations. And since they were not valid, I respectfully ask that you not only overturn their decision but also order that I be reimbursed for any and all cost paid from September 7~ 1987 and after. Enclosed please find all copies of mentioned paper work and letters that I have received. Respectfully & Sincerely Charles A Espenshade ~ Z COMMONWEALTH ~F PENNSYLVANIA COUNTY OF: DAUPHIN Mag D~$I NO. 12-1-01 OJ Name HO. '~'" 3050 CANBY ST. HARRISBURG, PA (717) 545-4143 17103-0000 CHARLES A. ESPENSHADE P.O. BOX 1172 MECHANICSBURG, PA 17055 RECEIPT OF PAYMENT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS FESPENSHADE, CHARLES A. P.O. BOX 1172 MECHANICSBURG, PA 17055 L Docket No.: TR-000367a~-01 Date Filed: 9/10/87 75 S1543 S~A DRIVWHILE OPER PRIV SUSP OR REVOKED J (Charge) RECEIPT NO: 069154 DATE: 10/05/01 PAGE: i SOURCE: PAID AT WiN--mOW AMOUNT RECEIVED: METHOD: PAID BY CASH AMOUNT APPLIED: CHECK#: COLLATERAL APPLIED: CHANGE: MANUAL RECEIPT#: CITATION#: COSTS INCLUDED ON: M20022A NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMTTYPE: $ 217.75 $ 217.75 $ .00 $ .00 PAYI~/~F~ DEBCKIi~TION STATE FINE MUNICIPAL FINE 101 COURT COST COMM-COST COURT COST CTY TY POSTAGE CTY TOTAL CURRENT BALANCE DUE RECVD FROM ESPENSHADE, THANK YOU! MRU 100.00 100.00 5.00 12.50 .25 217.75 .00 CHARLES A. AMTAPPLIED 100.00- 100.00- 5.00- 12.50- .25- 217.75- CUR~ RNT BAL .00 .00 .00 .00 .00 .00 AOPC 450-99 COMMONWEALTN OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= ECTOBER 15, 2001 CHARLES A ESPENSHADE 155 SALEM CHURCH RD LOT 2 MECHANICSBURG PA 17050 WID ~ 012799283335328 001 PROCESSING DATE 10/06/2001 DRIVER LICENSE ~ 19199088 DATE OF BIRTH 03/13/1961 Dear MR. ESPENSHADE= LICENSE IN 'BUREAU This is an Official Notice of the Revocation of your Driving Privilege as authorized by Section 15q3 of the Pennsylvania Vehicle Code. As a result of your 10/05/2001 conviction of violating Section 15qSA of the Vehicle Code DRIVING NHILE SUSP/REVOKE on 09/08/1987= Your driving privilege is REVOKED fop a PeP/od of 2 YEAR(S) effective 10/13/2~01 at 12:01 a.m. This revocation is in addition to any other suspensions al- ready on your record. pROVIDING PROOF OF INSURANCF Nithin the last 30 days of your suspension/revocation, we will send you a letter askirg that you provide proof of in- ~urancu at tha'~ t/me. 'fh:.s le~er will lzst acceptable documents and what will be n~eded if you do not own a vehicle registered in Pennsylvania. Zmpoetant: Please make sure that PennDOT is notified if you move from your current address. You may not/fy PennDOT of your address change by cal:ing any of the phone numbers listed at the end of this letter. '0127~9285S35528 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the ma~l date, OCTOBER 15, 2001, of this letter. Zf you ~11e an ap- peal in the County Court, th~ Court w111 give you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to= Pennsylvania Department of Transportation Office of Chief Counsel .Th/rd Floor, .Riverfr~n~ Office Center Harrisburg, PA 1710~-2~16 Remember, this is an OFF~CZAL ~OTZCE OF REVOCATION. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing INFORNATION (7:00 AN TO 9:00 PN) IN STATE 1-800-9~2-4600 OUT-OF-STATE 717-591-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-~91-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 lO/3O/Ol CHARLES A ESPENSHADE 155 SALEM CHURCH RD LOT 2 MECHANICSBURG PA 17050 DRIVER'S LICENSE NUMBER: 19199088 BIRTH DATE: 03/13/61 ELIGIBILITY DATE: 10/13/03 Dear MR. ESPENSHADE : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATIONF~F~-----~ -You must pa~a $25.00 restgration fee to PENNDOT. Write your driver's lic isted above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. F INS ~-.W.ithi_n__3__0days of yo~u% ELIGIBILITY DATE, provide a copy of one of · .'. _ _DOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. LICENSE NO~ : 19199088 PAGE 2 ~EARNER"S PERM~ -You must apply for learner's ermit. You ~P~ .~. P may make application 30 days i i~y.date. ~igib~llty date DOES appear at the end of this letter and you are WITHIN 30 days of that date, visit a PENNDOT Driver License Center to obtain a Pennsylvania Driver's Manual. The manual provides the instructions and the Medical Qualifications Certificate (DL-180A) which is required to be completed prior to applying for a learner's permit. Once you have studied the manual and had a physical, please return to a Driver License Center with this letter, your completed Medical Qualifications Certificate (DL-180A) and a check or money order for all nec- essary fees. You will be given a vision test and a traffic signs and knowledge test at that time. *If an eligibility date DOES NOT appear at the end of this letter, you must resolve any issues listed in this letter as DRIVER'S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL to determine your eligibility date. TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 10/13/01. Credit for serving this suspension/revoca- tion began (or will begin) on 10/13/01 and will end on 10/13/03. The suspension/revocation resulted from a violation on 09/08/87 of Section 1543A, DRIVING WHILE SUSP/REVOKE This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank YOU. P.S. REMEMBER, your ELIGIBILITY DAT 0/13/03. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 THOMAS A. PLACEY District Justice Douglas K. Tobin, Director Bureau of Driver Licensing Commonwealth of Pennsylvania Department of Transportation P.O. Box 8615 Harrisburg, PA 17120 District Court 09-3-04 104 S. Sporting Hill Road Mechanicsburg, Pa 17050 Office (717) 761-8230 Fax (717) 737-6779 18 September, 2001 RE: Defendant's Name: Operator's Number: Citation Number: Date of Birth: Present Address: Dear Mr. Tobin: Charles Espenshade 19 199 088PA Al10282 & Al10284 03-13-1961 P.O. Box 1192, Nechanicsburg, Pa 17050 This will confirm that the above defendant's disposition was sent to the Department of Transportation on 5-25-88 as guilty pleas to a Vehicle Code violations of sections 4703a & 1543a and fine and costs in the amount of $242.50 were paid. Please revise your records to reflect this disposition. Thank you for your time and attention to this matter. TAP/acm Ve rY......t r u_]¥..)'o_.u~u r~sz.. RONALD E. JOHNSON, ESQ. SPECIAL COURT ADMINISTRATOR COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE (717) 240-6223 FAX (717) 240-6462 October 19, 2001 SANDRA R. GUIDON ASSISTANT SPECIAL COURT ADMINISTRATOR Mr. Charles A. Espenshade PO Box 1192 Mechanicsburg, PA 17055 Dear Mr. Espenshade: REJ:ss ' cc: Tara A. Kollas Administrative Office of PA 5035 Ritter Road, Suite 700 Mechanicsburg, PA 17055 As the Special Court Administrator in charge of District Justices for Cumberland County, Pennsylvania, I am writing to acknowledge that the magisterial districts of Cumberland County, Pennsylvania do not have a record of a conviction or outstanding fines and costs for Charles A. Espenshade for a traffic citation number A99425 with a yiolation date of April 24, 1987. Ver~truiy yours, Sandy Guiden Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 CHARLES A. ESPENSHADE, · IN THE COURT OF COMMON PLEAS OF PETITIONER · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 01-6572 CIVIL TERM AND NOW, this If3 day of December, 2001, a hearing on the within appeal shall be conducted at 1:30 p.m., Monday, February 25, 2002, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsyvlania. Charles A. Espenshade, Pro se /3 ~ ~ ~ 155 Sa em Church Road Lot 2 / ~-'~ ' I Mechanicsburg, PA 17055 ~----/~,-Jl'~)~ ' ~5 George Kabusk, Esquire For the Department of Transportation :saa CHARLES A. ESPENSHADE, : IN THE COURT OF COMMON PLEAS OF PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 01-6572 CIVIL TERM AND NOW, this ~O day of December, 2001, the filing fee is waived for the within revocation of driving privilege. Charles A. Espenshade, Pro se 155 Salem Chumh Road, Lot 2 Mechanicsburg, PA 17055 George Kabusk, Esquire By the Co~u~ Edgar B. For the Department of Transportation :saa CHARLES A. ESPENSHADE, : IN THE COURT OF COMMON PLEAS OF PETITIONER . CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 01-6572 CIVIL TERM AND NOW, this '~v~ day of January, 2002, the hearing on the within appeal from the suspension of petitioner's driving privilege currently scheduled for Monday, February 25, 2002, is cancelled and rescheduled for Monday, April 15, 2002, at 2:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. V~harles A. Espenshade, Pro se 155 Salem Church Road, Lot 2 Mechanicsburg, PA 17055 v/~eorge Kabusk, Esquire For the Department of Transportation Edgar B. Bayl~y, J. :saa CHARLES A. ESPENSHADE, : IN THE COURT OF COMMON PLEAS OF PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 01-8572 CIVIL TERM AND NOW, this ~ (~ day of April, 2002, following a hearing, the appeal of Charles A. Espenshade from an order of the Department of Transportation revoking his driving privilege for two years, IS DISMISSED.~ Charles A. Espenshade, Pro se 155 Salem Church Road, Lot 2 Mechanicsburg, PA 17055 George Kabusk, Esquire For the Department of Transportation :saa ~ Petitioner's driving privilege was revoked effective July 15, 1985, for a conviction occurring on May 7, 1985. Petitioner was convicted on October 5, 2001, of driving while his operating privilege was revoked in violation of the Vehicle Code at 75 Pa.C.S. Section 1543(a). That conviction was for an offense that occurred on September 8, 1987. (Petitioner did not respond to a citation for the offense until he entered a plea of guilty on October 5, 2001). Petitioner's driving privilege had never been restored following its revocation, effective July 15, 1985, through the time he committed the offense on September 8, 1987, for which he was convicted on October 5, 2001. The current revocation of petitioner's driving privilege for two years as a result of his conviction on October 5, 2001, was mandated under the law. Drudy v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, A.2d __ (1401 C.D. 2001, Commonwealth Court, April 5, 2002).