HomeMy WebLinkAbout09-2107IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
NO. 0 q -2
VS.
CIVIL ACTION
RUSSELL ALAN MUSSER
PETITIONER
PETITION TO SET ASIDE SUSPENSION OF
DRIVING PRIVILEGE
Now comes the Petitioner, Russell Alan Musser, by and through his
attorney, H. Anthony Adams, Esquire and sets forth the following.
1.
Petitioner is Russell Alan Musser, an adult individual who resides at
35 Mt. View Terrace, Newville, Cumberland County, Pennsylvania.
2.
Russell Alan Musser is a licensed motor vehicle operator pursuant to
operators license number 22283277.
3.
The Petitioner was charged by information filed at Cumberland County
Criminal Action No. CP-21-CR-1468-2008 with two counts of Driving Under the
Influence in violation of the Pennsylvania Vehicle Code. Count 1 charged a
violation of 75 Pa. C.S. A. section 3802 (a) (1) and is captioned General
Impairment, (1') with a sentencing term stated from 6 months probation - 6
months and Count 2 charged a violation of 75 Pa. C.S.A. section 3802 (b).
Petitioner completed a plea colloquy on January 8, 2009 (incorrectly dated
1/8/08) and entered a plea of guilty to violating Vehicle Code Section 3802 (A)
(1). EXHIBIT A, B and C
4.
The conviction of Vehicle Code Section 3802 (A) (1) is not a violation that
includes the punishment and sanction of license suspension, 75 Pa. C.S. A.
section 3804 (e) (2) (iii), nor was any suspension ordered by the court.Exhibit
D, E.
5.
The Department imposed a one year suspension and Petitioner believes
that the Department erred when viewing the plea agreement since Petitioner
agreed to serve 48 hours in confinement. The suspension imposed by the
Department is not warranted for the Defendant's conviction of 75 Pa. C. S. A.
section 3802 (a) (1) nor is it authorized by the Pennsylvania Vehicle Code since
the Petitioner was subject to the penalties of 75 Pa.C.S.A. section 3804 (a)
even though the sentence imposed by agreement included 48 hours of
confinement..
Wherefore, Petitioner prays your Honorable Court reverse the
Pennsylvania Department of Transportation's suspension.
Respectfully submitted,
H. Anthony Adams, Esquire
Attorney for Petitioner
Supreme Court ID # 25502
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
Verification
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
Date. ° °t
Russell Alan Musser
INFORMATION
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA CRIMINAL ACTION NO. CP-21-CR-1468-2008
VS. Pros: Cpl. William Palmero
Pennsylvania State Police-Carlisle
RUSSELL ALLAN MUSSER
THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY, by this Information charges that on or about Sunday,
the 27th day of January, 2008, in the said County of Cumberland, RUSSELL ALLAN MUSSER, did:
COUNT 1;
Driving Under the Influence - General Impairment, (13t)
(MISDEMEANOR - $300.00 -- 6 Months Probation -- 6 Months)
drive after imbibing enough alcohol to render said person incapable of safe driving
COUNT 2:
Driving Under the Influence, High Rate of Alcohol, (.10 -16%l (1st)
(MISDEMEANOR -- $500.00 - - 55,000 - 48 Hours - 6 Months)
drive after imbibing enough alcohol such that the person's BAC is at least .10% but less than .16% within 2 hours of driving.
Citation of Statute:
and Section: 75 Pa.C.S.A. Sec. 3802 (a) (1)
75 Pa.C.S.A. Sec. 3802 (b)
All of which is against the Act of Assembly and the peace a of th
m lth of Pennsylvania.
.7 r
rek R Clepper
Attorney for the Commonwealth
Original
! 0 '? b 01 011q, 8001
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COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF
V CUMBERLAND COUNTY, PENNSYLVANIA
RUSSELL ALLAN MUSSER CP-21-CR-1468-2008 CRIMINAL
GUILTY PLEA COLLOQUY
MAXIMUM
COUNT CHARGE(S) BADE PUNISHMENT
1 DRIVING UNDER THE INFLUENCE, GENERAL M 6 Months Probation -- 6 Mi
2 DRIVING UNDER THE INFLUENCE, HIGH RATE M - $5,000 - 48 Hours - 6 M
M
cC!
!1 PLEA OF DEFENDANT
C
The Defend", being.advis of the offense(s) charged in the inform and of
Defendants rights, henry in doen court enters a plea of 01 1 to
the charge(s) of: "-
Defendant
Attorney Mr-INTSi
an
118
Commonwealth
Restitution Amount $:
Restitution Paid to:
Section & Subsection
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s
COMMONWEALTH
V.
RUSSELL ALLAN MUSSER
OTN: L396552-2
IN THE COURT OF COMMON PLEAS OF.
CUMBERLAND COUNTY, PENNSYLVANIA
CP-21-CR-1468-2008
CHARGE: (1) DUI, GENERAL IMPAIRMENT
(1ST)
AFFIANT: CPL. WILLIAM PALMERO
IN RE: GUILTY PLEA
ORDER OF COURT
AND NOW, this 8th day of January, 2009, the
Defendant having tendered a plea of guilty to Count 1,
with the understanding that the Defendant will serve a set
sentence of 48 hours to 6 months, in full satisfaction of all
charges at this term and number, said plea is accepted and
recorded. He is directed to appear for sentence on Tuesday,
February 17, 2009, at 9:30 a.m. A DUI report is ordered.
By the Court°,
r+•YEdward E. Guido, J.
Derek R. Clepper, Esquire
Office of the District Attorney
H. Anthony Adams, Esquire
Office of the Public Defender
Probation
Sheriff
Court Administrator
srs
COMMONWEALTH IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CP-21-CR-1468-2008
CHARGE: (1) DUI - GENERAL IMPAIRMENT
RUSSELL ALLAN MUSSER (1ST)
OTN: L396552-2 AFFIANT: CPL. WILLIAM PALMERO
IN RE: SENTENCING
ORDER OF COURT
AND NOW, this 17th day of February, 2009, the
Defendant having appeared for sentence, and the Court being in
receipt of a sentencing report, the sentence is that he pay the
costs of prosecution, plus a fine of $310.00, which includes a
$10.00 EMS Services fee, plus a $50.00 CAT Fund surcharge, and
that he undergo imprisonment in the Cumberland County Prison for
not less than 48 hours nor more than 6 months. The Defendant is
directed to self-report to the Cumberland County Prison by 7:00 p.m.
on Friday, February 20, 2009, for commencement of sentence.
If the Defendant is not a discipline problem at
the prison, he shall be paroled at the expiration of his minimum
sentence. Said parole to be with supervision and subject to the
following special conditions:
1. That he complete a drug and alcohol evaluation
and comply with the recommended treatment.
2. That he attend and successfully complete the DUI
alcohol highway safety school.
3. That he be and remain on good behavior.
4. That he comply with all other directions of his
parole officer.
REPORT OF THE CLERK OF COURTS
SHOWING THE COMPLETION OF TREATMENT AMENDED REPORT
AND/OR THE RELEASE FROM PRISON DEFENDANT REQUESTS
ADDRESS CHANGE
C
DEFENDANT INFORMATION (TYPE OR PRINT CLEARLY)
NAME SEX DATE OF BIRTH
FIRST RUSSELL MIDDLE ALLAN UST MUSSER M MONTH
11 DAY
9 YEAR
1970
ADDRESS: A P. O. Box Number may be used in addition to the actual address, but cannot be used as the only address.
38 MT. VIEW TERRACE
CITY STATE ZIP CODE SOCIAL SECURITY NUMBER
NEWVILLE PA 17241 199.60-4149
DRIVER NUMBER STATE LICENSE PLATE NUMBER YEAR STATE
22283277 PA FTW9292 PA
VIOLATION INFORMATION
THE VEHICLE CODE
75 3802 Al ` Put of June 17,1976, Act 81
75 SECTION 3802 SUBSECTION A1' CLAUSE 3802 A1'
DATE OF VIOLATION DATE OF CONVICTION TERM OF SUSPENSION DATE OF ARD
MONTH
1 DAY
27 YEAR
2008 M ONTH
1 DAY
8 YEAR
2009 MONTHS DAYS MONTH DAY YEAR
TREATMENT INFORMATION
DUI Treatment met
DATE
PRISON INFORMATION
Defendant committed to prison
Defendant released from prison 0212012009 Total Time Incarcerated 48 Hour(s)
DATE Day(s)
0212212009 Month(s)
DATE Year(s)
COURT INFORMATION F SIGNATURE AND DATE CERTIFIED
COURT OF COMMON PLEAS THE UNDERSIGNED CERTIFIES THAT THE FOREGOING IS A
NUMBER CP-21-CR-0007468-2008 CERTIFIED RECORD
SEAL
OTN L 396552-2
COUNTY OF 21 0310512009
YEAR 2008 Clerk of Courts Date Certified
C
C
C
C
FOR DEPARTMENT USE ONLY
SEND THIS FORM TO: Bureau of Driver Licensing, Rest ra"On Unit, P.O. Box 68693, Harrisburg, PA 171064693
AOPC 2014 - 2009 REV. 03105/2009 CPCMS Printed: 03/05/2009 4:20:47PM
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MARCH 09, 2009
RUSSELL ALAN MUSSER
35 MT VIEW TERRACE
NEWVILLE PA 17241
3SS-st71
Dear MR. MUSSER:
WID # 090616425228023 001
PROCESSING DATE 03/02/2009
DRIVER LICENSE * 22283277
DATE OF BIRTH 11/09/1970
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 3804E2I of the
Pennsylvania Vehicle Code. As a result of your 01/08/2009
conviction of violating Section 3802A1 of the Vehicle Code
DUI GENERAL IMPAIRMENT on 01/27/2008:
Your driving privilege is SUSPENDED for a period of 1
YEAR(S) effective 04/13/2009 at 12:01 a.m.
Before PennDOT can restore your driving privilege, you must
follow the instructions in this letter for COMPLYING WITH
THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should follow ALL instructions very
carefully. Even if you have served all the time on the
suspension/revocations we cannot restore your driving
privilege until all the requirements are satisfied.
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, ..,temporary. driver's license,', Cca sera
cards) in your possession on or before' 64/13/2009. You may
surrender these items before, 04/13/2009, for earlier
credit; however, you may not drive after these 'items are
surrendered.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However, you may apply for and obtain a photo
identification card at any Driver License Center for a cost
of $12.00. You must present two (2) forms of proper
identification '(e.g., birth certificate, valid U.S.
Passport, marriage certificate, etc.) in order to obtain
your photo identification card.
You will not receive credit toward serving any suspension
until we receive your license(s). Complete the following
steps to acknowledge this suspension.
.090616425228023
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
notarized letter stating you are aware of the suspension
of your driving privilege. You must specify in your
letter why you are unable to return your driver's
license. Remember: You may not retain your driver's
license for identification purposes. Please send these
items to:
Pennsylvania Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your Pennsylvania
driver's license(s), learner's permit(s), and/or a sworn
notarized letter, PennDOT will send you a receipt
confirming the date that credit began. 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. PennDOT phone numbers
are listed at the end of this letter.
3. If you do not return all current driver license
products, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(a)(4)
of the Pennsylvania Vehicle Code.
PRISON RELEASE REQUIREMENT
The Court of CUMBERLAND CTY, Court Number 1468, Court Term
2008 has sentenced you to serve a prison term for this
violation. Pursuant to Section 1541(a.1) of the Vehicle
Code, you will not receive credit for this
suspension/revocation or any additional
suspension/revocation until you complete your prison term
and you have complied with the requirements listed in this
letter. The Court must certify your completion to PennDOT.
You may wish to contact your probation officer and/or the
Court after your release to make sure that PennDOT is
properly notified.
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOT to be restored
from a suspension/revocation of your driving privilege. To
pay your restoration fee, complete the following steps:
1. Return the enclosed Application for Restoration. The
amount due is listed on the application.
•090616425228023
2. Write your driver's
page) on the check
credit.
license number (listed on the first
or money order to ensure proper
3. Follow the payment and mailing instructions on the back
.of the application.
PROVIDING-PROOF OF.INSURANCE
Within the last •30 days of your suspension/revocation, we
will send you a letter asking that you provide proof of
insurance 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 PennDOT is notified if you
move from your current address. You may notify PennDOT of
your address change by calling any of the phone numbers
listed at the end of this letter.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, MARCH 09, 2009, of this letter. If you file an appeal
in the County Court, the Court will give you a time-stamped
certified copy of the appeal. 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
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 04/13/2009.
Sincerely,
91?-U? Z g &V)
Janet L. Dolan, Director
Bureau of Driver Licensing
090616425228023
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (8:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
AM TO 6:00 PM)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
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IN THE COURT OF COMMON PLEAS APR 0 6 2009
CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH 0 PENNSYLVANIA
DEPARTMENT OFT NSPORTATION,
NO. 09 a?v7 --
VS.
CIVIL ACTION
RUSSELL ALAN MUS ER
PETITIONER
ORDER OF COURT
AND NOW, thi
day of 2009, after consideration of
M -g
the facts set forth in the attached Peti on and upon the motion of H. Anthony
Adams, Attorney for Russell A!n? ?Musser, a hearing is scheduled for the -a?y
of 2009. at y'-? o'clock gym., in Courtroom Number
of the umberland C unty Courthouse, Carlisle, Pennsylvania.
This appeal shall upon filing and service operate as a supersedeas , as set
forth at 75 Pa. C. S. A. section 1550 (b) (1) (i) until the final determination
by this Court.
By the Court,
J.
fill'-9
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C?r'"?E?.i?d- 8V 001
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V 09-2107 CIVIL TERM
RUSSELL ALAN MUSSER CIVIL ACTION - LAW
IN RE: PETITION FROM LICENSE SUSPENSION
ORDER OF COURT
AND NOW, this 19th day of June, 2009, the hearing in
this matter having commenced, and the defendant having requested
a continuance of the case, unopposed by the Commonwealth, IT IS
HEREBY ORDERED AND DIRECTED that continuance will be granted.
The court will advise the parties of the next available date.
By the Court,
M. L. Ebert, Jr., J.
Christopher J. Johnson, Esquire
Assistant Counsel - PennDOT
For the Commonwealth
H. Anthony Adams, Esquire
49 West Orange Street, Suite 3
Shippensburg, Pa. 17257
For the Defendant
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FILED-- )F C:F
OF THE r T140NIDTARY
2009 JUN 23 AM 9: 36
GL1P, ? ???UNTY
PE?NSYLVANOt
COMMONWEALTH OF PA
V.
RUSSELL ALAN MUSSER
IN THE COURT OF COMMON PLEA$ OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-2107 CIVIL
ORDER OF COURT
AND NOW, this 24th day of June, 2009, the previous hearing havin
commenced but having been continued,
IT IS HEREBY ORDERED AND DIRECTED that the hearing in thi* matter
shall be held on Wednesday, September 2, 2009, at 1:30 p.m. in Cou
5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
Phillip Bricknell, Esquire
Attorney for PennDot
H. Anthony Adams, Esquire
Attorney for Mr. Musser
?kll-t
M. L. Ebert, Jr.,
,c4tu"'? rr ? . ,2 S%o 9
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No.
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