HomeMy WebLinkAbout10-0351JOSEPH A. LUISI,
V.
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
APPELLEE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO:
n N
o
?
CV di t7
F
W C .S 1
;t T-1 qj
PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION
AND NOW, Appellant, Joseph A. Luisi ("Appellant'), by and through his counsel,
Shumaker Williams, P.C., files this Petition to Appeal Driver's License Suspension from
the Pennsylvania Department of Transportation's (PennDOT's) Official Notice of the
Suspension of Driving Privileges received on December 18, 2009 and, in support,
respectfully avers as follows:
1. Appellant herein is Joseph A. Luisi, having a mailing address of 4902
Carlisle Pike #121, Mechanicsburg, PA 17050. Petitioner's Pennsylvania Driver's
License Number is 21300111.
2. Appellee herein is the Commonwealth of Pennsylvania Department of
Transportation, having a mailing address of: Pennsylvania Department of
Transportation, Bureau of Driver Licensing, P.O. Box 68693, Harrisburg, PA 17106-
8693.
3. By letter dated December 18, 2009, Appellant received notice from the
Pennsylvania Department of Transportation that his driving privileges would be
q.2,00 Pot (%_-I 41#33
Jet* D36aa
APPELLANT
suspended for a period of twelve (12) months based upon his guilty plea entered with
the Court on December 9, 2009 for violation of 75 Pa.C.S. §1543(A). In addition,
Appellant was ordered to surrender his driver's license to PennDOT on or before
January 22, 2010. See Official Notice of Suspension attached hereto as Exhibit "A."
4. Pursuant to 75 Pa.C.S.A. §1550(b)(1)(i), Appellant is retaining his driver's
license until a final determination of the suspension of operating privileges.
5. The suspension of Appellant's operating privileges is improper or unlawful
for the following reasons:
a. On December 29, 2008, Appellant was pulled over for a speeding
violation. (Hereinafter "Violation One.") Appellant did not receive a citation for this
violation on the day of the incident, in the mail or otherwise, nor did the police officer
who made the stop require Appellant to sign any documentation.
b. In August 2009, Appellant discovered that his Driver's License was
suspended due to failure to respond to a citation relating to Violation One.
C. After further investigation by Appellant, it was discovered that PennDOT
had the incorrect address for Appellant in its records. The address in PennDOT's
records was 4902 Carlisle Pike, P.O. Box 121, Mechanicsburg, PA 17050. The
Appellant's correct address is 4902 Carlisle Pike #121, Mechanicsburg, PA 17050.
d. This address discrepancy meant that PennDOT mailed the citation for
Violation One to a Post Office box, not to Appellant's address. Appellant does not have
a post office box. Therefore, Appellant did not receive the citation related to Violation
One.
2
e. After Appellant discovered the mailing address error, he corrected his
address with PennDOT. See Copy of Appellant's Driver's License and Driver's License
Update attached hereto as Exhibit "B."
f. Appellant, after receiving notification of the citation, plead guilty to
Violation One on August 17, 2009 and paid the fine for Violation One on August 18,
2009. See Citation No. R0286615-0 attached hereto as Exhibit "C." (Hereinafter
"Citation One.") See also the August 17, 2009 Court Order attached hereto as Exhibit
"D." (Hereinafter "Order.")
g. After payment was tendered on August 18, 2009, Appellant believed that
such liability related to Violation One had been completely satisfied as to the
Commonwealth of Pennsylvania and believed his driving privileges would be restored
because the basis of the suspension ceased to exist upon payment for Violation One.
h. Appellant was not provided with notice that he would have to pay a
reinstatement fee to PennDOT to restore his driver's license.
i. Appellant was not provided with notice that his payment of the citation for
Violation One would not automatically reinstate his driving privileges with PennDOT.
j. On October 20 2009, Appellant was pulled over for driving with a
suspended license. (Hereinafter "Violation Two.") See Citation No. B7376333-6
attached hereto as Exhibit "E." (Hereinafter "Citation Two.")
k. After further investigation by Appellant, it was discovered that this license
suspension was for failure to respond to the citation associated with Violation One,
which he corrected and paid in full on August 18, 2009. See attached Exhibit "C."
3
I. Upon realizing that payment of the fine with the court did not reinstate
Appellant's driving privileges with PennDOT, Appellant corrected this error by paying
the fee and reinstating his driving privileges with PennDOT on October 29, 2009. See
page' 4 of copy of Appellant's Certified Driving History attached hereto as Exhibit "F."
(Hereinafter "Driving History.")
M. In order to avoid the time commitment of another hearing, and relying on
the issuing police officer's advice that no points were associated with Citation Two,
Appellant declined the court hearing, plead guilty to Citation Two on December 9, 2009,
and paid the fine associated with Citation Two on January 4, 2010, despite the fact that
the underlying violation had been resolved on August 18, 2009.
n. After payment was tendered on January 4, 2010, Appellant believed that
such liability related to Citation Two had been completely satisfied as to the
Commonwealth of Pennsylvania.
o. Appellant was not aware that his payment of Citation Two would result in a
suspension of his driver's license.
p. The basis for Citation Two (for driving with a suspended license) ceased
to exist when Appellant paid the fine for Violation One on August 18, 2009.
q. No notice was given by the police officer that would indicate that
Appellant's driving privileges would be revoked as a result of Appellant's payment of
Citation Two.
r. Appellant did not enter a plea of not guilty for Citation Two because he
was confident that since the underlying basis for Citation Two (driving with a suspended
4
license) ceased to exist upon payment of the fine for Citation One, his license was not in
jeopardy.
S. Had Appellant known that his driving privileges would be revoked as a
result of his payment of Citation Two, Appellant would have entered a plea of "not guilty"
and fought the Citation Two at a hearing.
6. Appellant respectfully appeals the October 20, 2009 citation and
December 18, 2009 Official Notice of Suspension on the merits because the Citation
and Notice of Suspension were issued in error, are contrary to law, and should not
warrant a disqualification of Appellant's operating privileges.
7. Appellant's license was suspended due to his failure to respond to
Violation One. Appellant did not respond to Violation One, because he never received
the citation as a result of a clerical error. Upon being noted of the citation associated
with Violation One, Appellant responded to the citation and paid the fine on August 18,
2009. Therefore, the basis for the license suspension ceased to exist on August 18,
2009. Thus, the basis for Citation Two failed to exist when it was issued on October 20,
2009.
5
8. Appellant respectfully requests that this matter be set down for a hearing
and that the order of suspension be set aside.
WHEREFORE, Appellant respectfully requests this Honorable Court to restore
Appellant's driving privileges, dismiss all charges related to the October 20, 2009
Citation for driving with a suspended license, and that this matter be set down for a
hearing and that the order of suspension be set aside.
Dated: j// 311 v
:227609
Respectfully Submitted,
SHUMAKER WILLIAMS, P.C.
I I . . . %- hagt?
By Phle
y M(Oalloviay, .D. #206498
One East arket Street, Suite 301
York, PA 17401
(717) 848-5134
Attomey for Appellant
6
DEC-28-2009 13:31 FROM. TO:9209358 P.3/5
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: DECEMBER 18, 2009
JOSEPH A LUISI WID t 013454263196406 003
4102 CARLISLE PIKE APT PROCESSING DATE 12/11/2004
121 DRIVER LICENSE 0 21300131
HECHANICSOURG PA 17050 DATE OF BIRTH 06/24/1167
Dear N.R. LUISI;
This is an Official Notice of the suspension of your Driving
Privilege as authorized by Section 1543 of the Pennsylvania
Vehicle Code. As a result of your 12/09/2009 conviction of
violating Section 1543A of the Vehicle Code DRIVING WHILE
SUSP/REVOKE on 10/20/20091
Your driving Privilege is SUSPENDED for a period of I
YEAR(S) effective 01/22/2010 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/revocation, we cannot restore your driving
PPIVile9e 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 licenses (camera
cards) in your possassi.on on or befuto 01?ZZZZ9JO. YQu may
surrender these items before, 01/22/2010, for earlier
credits however, you may not drive after these items are
surrendered.
YOU MAY NOT RETAIN YOUR DRIVE'R'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 012.00. You must present two (2) forms of proper
identification (e.g., birth certificate, valid U.S.
passporto 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.
c?
Exhibit "A"
DEC-28-2009 13:32 FROM:
093459283996406
70:9209358 P.4/5
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
notari2ed 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 tot
Pennsylvania Department of Transportation
Bureau of Driver licensing.
P.D. Box 68693
Harrisburg, PA 11106-8693
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
productsr we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(x)(4)
of the Pennsylvania Vehicle Code.
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.
2. Write your driver's license number (listed on the first
page) on the check or money order to ensure proper
credit.
3. Follow the payment and mailing instructions on the back
of the application.
Please note: Paying the restoration fee DOSS NOT satisfy
the requirement to acknowledge your suspension/revocation.
If you have not acknowledged your susoension/revocation,
please follow the instructions listed under "Complying with.,
thin Suspension/Revocation".
DEC-28-2009 13:32 FROM:
TO:9209358 P.5/5
093459283996406
PROVIDING PROOF OF INSURANCE
Within the last 30 days of your suspension/revocationt 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 PannDOT is notified if you
move from your current address. You way notify PennDOT of
your address change by calling any of the phone numbers
--1 st•d-& - tha...ead of .. tbla 1ettez-*-
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, DECEMBER 18, 2009, of this letter. If you file an
appeal In the County Court, the Court W111 give you a
tloe-ataeped certified copy of the appeal. Yn order for
your appeal to be valid, you must send this time-stamoed
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 01/22/2010.
Sincerely,
Janet L. Dolan, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0s INFORMATION (8100 AM TO 6x00 PM)
Department of Transportation IN STATE 1-800-932-4600
Bureau of Driver Licensing OUT-OF-STATE 717-412-5300
P.O. Box 68693 TOD IN STATE 1-800-228-D676
Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380.
01/08/2010 14:01 7177631950 METLIFE PAGE 02/07
:'j: r• COMMONWEALTH OF PENNSYLVANIA
a
W ? DRIVER'S LICENSE UPDATE
M'- A *r 6" XEIONT EYES SOCIAL SWOM NUMBER
?• M 5 10 SRO *** ** ****
Rim DRIVER I M NUMBER BIFrTH DATE DUPs
21 300 111 06 24 67 00
W d E1ePIF1ATI0N DATE CLA6BES BNDORBlIh1ENT8
06 25 11 C4 ----
1
ISM VAX COMME MU MIMICAL RESTRICTK7NS
: 14 r 102909 */*
4902PLISLEIPIKE APT
g 121
MECHANICSBURG PA 17050
d?.
000000
02-6020-92019-7-002
,.
Exhibit "B"
LIOMMLVJWFFAI! TH C P Pt:NN^V VANiA
r-., ,•.:?..r•?ac,rw :n .-Ik: 7r wn»dl4hi:x
L,u 1,
f•r1f?Adrairn
I{ LA -1kv Sync Q Y.an : KI'? ? liF- V.roUan B.Q
Orraw d •. en,cw -I 3ula Iii. [ ] Ur ., t a Amv
Owidton 1K vM':rk w 141:1 bl MW 7001WOM...4 inyw. lkn
nnw:r_7 ,N % d,lwjwtQ M.1 hip .r S Ywrxixl " nn gxad
cffAnON NO.
R0286615-"0
{ r? aa•«V. u -(p: _ MPH It~ 3- uw+ 1:-e41
Cl ?,.or I I
Nlda Vo!!:C:tl wlRl :!"r&w InNw C:n: I.1 ' +wpw VoIM:6r .6-1 Vatld LLftrAm
{ ?..' OPOfmd vkNGd W4111 ,?U -rvlW- &aM1"ed -Kx r a r} 0owwwo unr%k l ::J Vlrl:"r"
Firm Wks doU01W L -:? ? 11-0 war dilgy rr.!gdor U Auft wma [peg
3a :,dWXn:
PWIN Tw fa
r
J3. Dav k f.nnN
?7 W T Ixribv,kx
v Iw "llva Show- ?,' Cy+r?84?hl??
X na04d M 3".
iR :.Rrly nW dxe FrJe xl teen in d1k aL:lirxr ww : ;N ifnl WrI1R.i b Ula JI7R M dly 1•. nk
iu dra pcnMM- nl3ftA ; 1909 o) IrM frrnnr '.M l1R d}r V R 6 a0041 rwMnp to urawom rWeJ
OFFir:r n 30NA we orJ -
jr nnan frt.p 3w4 ^ V?y? P,IwMA LQ4W. M r)A1 Nldd
1w_e.•:rr -,".I N:: aRA .h Xa P.rMPa NoupdU RO GrMim Rn II rldr rOxr
ljrPf, Yu! U No n VES C rF;,
'AID 0 9 200
I:5 fywm rwm I yw 9S ?I r$y1?M?
NOTICE
It VX! pp-3c! g41ftY +k ±rc: r l x9 auik poirm ', :y Iry v' + v 9d agaimm yaur dm-ora r*Md. An MWINTIu &MI v? points may mar In Mm
:+.C-pension cO your rtnur g priullega ALvA. ys :.driving pdvl" Will BE 6VSrF.NDCD S you plead q^ c s:ra tnuiltl guihy of rvuiir
ohor99s under nr;,Veh * Code tEluditrg hL1 nnl 9mMd to, 76 lru.C.S. H I!?ll, 19d9, & + 33U/ ' /Id, ; W, U734,5135,
SU"uen? rt,nr:'cliMS (f 7; Pa U & 154 { r. vkg%*M W 75 Pa C& S 3367 xAtart ncrureng in an acbi o rrulk 4w-o runt our acvbnt
repot r , hnift7 tr/ Cta. pnh( UMJ a vials~or1 of )S PVCS. § 3983 whRn t wurdng hr on Wive eKak mne
cF ,wt",, a1) MAGISTERIAL DISTRICT JUDGE R 02P,6615-19
Exhibit "C"
£iZ'd L9bL29L:ol 282LLZL Aid3Honoo faw:wojj L£L :0i 9Z02-ii-NUf
COMMONWEALTH OF PENNSYLVANIA
r'.r)l INTY r)P• C MMMMLA 1D
No
MDJ Nnmr. limn
09-1-03
RICHARD S. DOUGHSRTY
98 S RMLA Dot STS 1
ENOL#, P ,
TdIop11arw (717 ) 728-28015 17025
ORDER IMPOSING SENTENCE
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENUANT. NAME ved ADDRESS
IMS1, JOSEPH A
4902 CARLISLE PIKE APT/STE 121
11111121 1"ICONIM, PA 17050
RICHARD S. DOUGIMRTY L J
98 S =OLA DR STS 1 Docket No.: TR- 000006$ - 09
RHOLA, PA 17025 Date Filed: 1/09/09
Charge(s): M
THIS IS TO NOTIFY YOU THAT:
? On your trial on the above charge(s) was held in the Magisterial District Court listed
2
above in your absence purstmnt to Pa.R.Crim.P.455. You were found guilty and sentenced to the following.
On 8/17/09 , you were convicted of or plod guilty to violating the above charge(s) and I sentenced
you to the following:
® Sentenced to Fines, Costs; and Restitution
You arA hArehy Ixdcrsd lu make payment to this court On 8 17.09 .
? You arC hereby ordered to make an Initial payment to this court In the
amount of $ on
Hofer fn the Magislerial District JIMge Payment Orum for additional payment
%heaule IntormAtion
Collateral Amt Set: $-00
l=ines: - 00
Costs: $34.50
Other: $50.00
Restitution: $.00
Total $109.50
Paid to Date: $109.50-
Adjusted to bare- $.00
Case Balance S.00
L_..J You arc hereby ordered to make an initial payment of $
dilA An or before Thereafter, a minimurn payment of $
shill be ma(IA to this court with a final payment on
Refer to the Magistenat District Judge Payment OrMpr tot additional payment schedule information.
? Alternate Sentence/Intermediate Punishment
le CGrttmence nn and conclude on
? Sentenced to Imprisonment
A Ail sentonce of In lho You must
mppear for the execution ul Villa jail sentence on
(It ynu file an appeal, We exartltlnn of jail Sontonce will be stayed pending thA outcome of your appOal- and the issuing aufhGrity miry set bail Or
collateral Refor to the Order to Appear for Jail Sentence for further information )
You have o',N right to appeal t0 the Court of Common Pleas within 30 days for I dp novo
of Common Ploas or your appeal may qt di ?u are found n i ty. an ney 1
If you to-rvq any questions, ploasa C.Al this a Imme ' ely.
Date
My commission expires first Mon ay o January, 0
DATE PRINTED: 1/11/10 10:3 ?
AOPC AG8t-o5
£i£'d L9t?4£9L:e1 Exhibit "D"
do novo in the Court
be returned to yo11.
Judge
?firl n:.?rti`
Aid3FIgnoo faw:wou3 )_£:0T 0T02-TT-Ndf
„ Abe CITATION NO.
9_ 67376333-6
t> a
r TRAFFIC CITATION
3. Addreaa a ° ? P ? i
d
( pA F
Ns+ae • MW e
9. D
• A Vss ?
I. TY*
17.
PA
17. o,Nwjj, .Ure or Cvrkr Nanw i Mdrua 10,a i Sama rs Dafendaat Not It"' ed
2 AYUT11PA
SOP So Shod U? Drlnra tow C:vdkas Ori.ln4 ORDINAWI?
Re?lltAi of Yldo Ra9+,lr+d IT. we. 2?. 41A SEC,
?
?P'? i Yadd Bleu
'*
''j
on** VnMde at Sde Spuad Q Talk-women 98"Au L
11 of
v
a +q r 2,. We , o
oMM4
0 ode 306 e.r,.s. ?®; t0
it. MCAR!
ap
z11. Nawn d O11anse Raar d Cbdead A,O.V.
MPH Agswul MPH Q ESP 13 Vaaar odwr 33. Corm
1 W kW wM*- Vod LNonaa
l
? O
I I
ea
p~
rtpart
[3 poorkof VA ds with WW
s].) CP1A T?. a
00
.
ppo,,W VaNde with SmpandWKvv kd Lams [3 opv-W Umvj%m ed Which
vbutad 67 Pa. Code RaL d9 CPR
n
Q Fhd on Ink. Ra *JW
Lab Bobo Raqusaed
j;kW wure do„ 6Nd aamm ? HO way Weir Cwrndor Q Aaow work Z"
74. eon _ &.W.* -A G
C X! 26 k
+ ]! Cede 40. 'tidal
37. ie. Top Coro CI
q C `.
ff
.
2
ow 9d. Gunty 14L 1j;%
41. Time
46. Rwapc or Ckadon 4 ?
411.1 r as brdi in ddi dedae m Ova kM coo = to d» bas ofnJ, knewk* WdWoodon dad . Tlds w rilkAdoo Is
iw
k
d
fi
a
or
on m ad
kam
pwandr of Sworn 4901 of die CAffm C M@ (le h,C.L 1 AM) mkft w u wware
TURI Id', A
A n Addrw
a ON
S I. Spaad Two& oe.ka ow -e SL MU PoRowed 43. Mere TK"W o1. law. Tlmd
SS. speed 4dp• lanai No. Si, laded kelp. T@vAd 47. Cate e91p. Yawed
44. AeOdent Y115 TBs Q NO 1fa YB
r S?
i=. Nr "p= LM S
Qt C?
'ill- SO..A I L- a S
---r' NOTICE
If you dead guilty or am found gulty, points may be asumd against your driver's record.
An accumulstion of points may reeuit In the ausper-Won of your driving privilege. Aleo, your driving privilege
yUU BE SUSPENDED if you plead guilty or are found guile/ of certain offenses undorths Vehicle Coda, imiuding
but not Iirnised to: 76 PLC.& IS 1371, 334b 5315, 3W7, 9716, 3M, 3734. 3M subsequent convllxl" of 75
Pa.C.S.1 1501, a violation of 75 Pa.CS. 133611 when occurring In an active work > m e and an accident report
is submitted by the poke, and a violation of 75 N.C.S. 13382 when occurring in an adve work zone.
Aope eoevs IRw. v/I/o9) MAGISTERIAL DISTRICT JUDGE B7376333-6,
60-6-6T
Exhibit "E"
Z60b-866-LTL 5E:7.T aT07.r-r,,n
01/08/201P 14: Pi 7177631350 METLIFE PAGE 03/07
PAGE 1
' PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
CERTIFIED DRIVING HISTORY
JAN 08 2010
DRIVER: JOSEPH A LUISI DRIVER LICENSE NO : 21300111
4902 CARLISLE PIKE APT DATE OF BIRTH : JUN 24 1967
121 SEX : MALE
M2CHANICSBURG, PA 17050 RECORD TYPE : REG LIC/ID
DRIVER LICENSE (DL)
LICENSE CLASS . C M
LICENSE ISSUE DATE: AUG 14 2007
LICENSE EXPIRES : JUN 25 2011
ORIG ISSUE DATA; : SEP 19 1983
NED RESTRICTIONS : NONE
LEARNER PERMITS
LICENSE STATUS PEND SUSPEND
COMMERCIAL DRIVER LICENSE (CDL)
CDL LICENSE CLASS
CDL LICENSE ISSUED
CDL LICENSE EXPIRES:
CDL ENDORSWENTS : NONE
CDL RESTRICTIONS : NONE
CDL LEARNER PERMITS:
CDL LICENSE STATUS : PEND SUSPEND
SB ENDORSNT.
PROBATIONARY LICENSE (PL)
PL LICENSE CLASS
PL LICENSE ORIG ISS:
PL LICENSE ISSUED :
PL LICENSE EXPIRES :
PL LICENSE STATUS
OCCUPATIONAL LIMITED LICENSE (OLL)
*** CONTINUED ***
Exhibit "F"
OLL LICENSE CLASS :
OLL LICENSE ISSUED :
OLL LICENSE EXPIRES:
OLL LICENSE STATUS :
01/08/2010 14;01 7177631350 METLIFE PAGE 04/07
PAGE 2
CERTIFIED DRIVING HISTORY - JAN 0S 2010 - LICENSE N OER 21300111 CONTINUED
REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS
VIOLATION DATE: MAR 06 1992
VIOLATION: VEHICLE CODE: 3112A31
DESCRIPTION: RED LIGHT VIOLATION
CONVICTION DATE: APR 10 1992
ACTION: ASSIGNED POINTS
VIOLATION DATE: DEC 19 1992
VIOLATION: VEHICLE CODE: 3112A31
DESCRIPTION: RED LIGHT VIOLATION
CONVICTION DATE: JAN 19 1993
ACTION: POINT EXAM
ACTION: PASSED RXAM MAR 30 1993
VIOLATION DATE: JUN 17 1993
VIOLATION: VEHICLE CODE: 3362
DESCRIPTION: EXCEEDING MAXIMOM SPEED
065 MPH IN A 055 MPH ZONE
CONVICTION DATE: AUG 26 1993
ACTION: DEPARTMENTAL HEARING
ACTION: NO ACTION AS A RESULT OF A HEARING
VIOLATION DATE: AUG 11 1994
VIOLATION: VEHICLE CODE: 3362
DESCRIPTION: EXCEEDING NAXIMUM SPEED
056 MPH IN A 035 MPH ZONE
CONVICTION DATE: OCT 20 1994
ACTION: MUST ATTEND DEPT HEARING
*** CONTINUED ***
14:P1 7177631950 METLIFE PAGE 05/07
PAGE 3
CERTIFIED DRIVING HISTORY - JAN 08 2010 - LICENSE NUMBER 21300111 CONTINUED
%CTZON:
ACTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
COMM VEHICLE:
CONVICTION DATE:
ACTION:
SUSPENSION AS A RESULT OF HEARING
SUSPENSION FOR 30 DAY(S) EFFECTIVE JAN 12 1995
OFFICIAL NOTICE MAILED DEC 14 1994
RESTORATION OF OPERATING PRIVILEGES ?BB 11 1995
JUL 18 1997
VEHICLE CODE: 3362
EXCEMING MAXIMUM SPEED
055 MPH IN A 035 MPH ZONE
SBP 05 1997
ASSIGNED POINTS
DEC 19 2001
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
073 MPH IN A 055 MM ZONE
DEC 21 2001
ASSIGNED POINTS
MAR 22 2004
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
060 MPH IN A 050 MPH ZONE
MAX 06 2004
ASSIGNED POINTS
OCT 03 2005
VEHICLE CODE: 3362
EXCEEDING WAXING SPEED
070 MPH IN A 055 MPH ZONE
NO HAZMAT: NO
JAN 05 2006
ASSIGNED POINTS
CDL HOLDER: NO
*** CONTINUEri ***
P^ /?S/MP ; e.: K 7177531.950 METLIFE PAGE 06/07
PAGE 4
CERTIFIED DRIVING HISTORY - JAN 08 2010 - LICENSE NUMBER 21300111 CONTINLM
VIOLATION DATE: DEC 29 2008
VIOLATION: VEHICLE CODE: 1533A
DESCRIPTION: FAILURE TO RESPOND
COMM VEHICLE: NO Hh0mTa NO CDL HOLDER: NO
ACTION: SUSPENSION EFFECTIVE MAR 18.2009
OFFICIAL NOTICE MAILED FES 25 2009
ACTION: RESTORATION OF OFERATING PRIVILEGES OCT 29 2009
VIOLATION DATE: OCT 20 2009
VIOLATION: VEHICLE CODE: 1543A
DESCRIPTION: DRIVING WHILE SUSP/REVOKE
COMM VEHICLE: NO HAZffiAT; NO CDL HOLDER: NO
CONVICTION DATE: DEC 09 2009
ACTION: SUSPENSION FOR 1 TSAR(S) EFFECTIVE JAN 22 2010
OFFICIAL NOTICE MAILED DEC 18 2009
................................................ ..,,_--------------- .---------?-
REPORT OF NEDICALS AND DEPARTMENTAL ACTIONS
--------------------------------1-1-1 ------------------------------------------
NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD
REPORT OF ACCIDENTS AND DEPARTMMAL ACTIONS
-------------------------------------------------------------------------------
NO ACCIDENTS DURING THIS REPORTING PERIOD
*** END OF RECORD ***
^?./nQ/2a 14:C1 7177631950 METLIFE PAGE 07/07
PAGE 5
CERTIFIED DRIVING HISTORY , JAN 08 2010 - LICENSE NUMBER 21300111 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,
9a"'? bf?c'qc')
DIRECTOR, BUREAU OF DRIVER LICENSING
SEAL FOR
SECRETARY OF TRANSPORTATION
COMMONWEALTH OF PENNSYLVANIA SS; DATE;JAN 08 2010
I HEREBY CERTIFY THAT JANET L. DOLAN, DIRECTOR OF THE
BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER
LICENSING RECORDS OF THE DEBARTM OU 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 NN'BREOF, I HAVE HEREUNTO SET MY HAND AND SEAL
OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID.
SINCERELY,
a?& ob - Ar.?
SECRETARY OF TRANSPORTATION
SEAL
VERIFICATION
The undersigned, Joseph A. Luisi, hereby verifies and states that the facts set
forth in the foregoing Petition to Appeal Driver's License Suspension are true and
correct to the best of his knowledge, information, and belief; and he is aware that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Dated: By
CERTIFICATE OF SERVICE
I, Ashley M. Galloway, Esquire, of the law firm of Shumaker Williams, P.C.,
hereby certify that I served a true and correct copy of the foregoing Petition to Appeal
Driver's License Suspension on this date by depositing a copy of the same in the
possession of the United States mail, certified mail, return receipt requested, addressed
as follows:
Office of Chief Counsel
Pennsylvania Department of Transportation
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
SHUMAKER WILLIAMS, P.C.
Dated: //13b o By . 7 4 1"- 01.
A hley . allo ay I.D. #2064
One East Market Street, Suite 3
York, PA 17401
(717) 848-5134
Attomey for Appellant
JAN 14 2010 6?
JOSEPH A. LUISI, IN THE COURT OF COMMON PLEAS
APPELLANT CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO: CV LS
COMMONWEALTH OF ? p/O -3S/
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
APPELLEE
ORDER
AND NOW, this day of z T7 , 2010, upon presentation of the
within Petition to Appeal Driver's License Suspension, and upon motion of Appellant,
Joseph A. Luisi, the Court orders and decrees that the Petitioner is allowed an appeal
from the notice from the Director of Bureau Driver Licensing, suspending his driving
?-- 4zk1
ti4? ex
privileges for a period of on (1) year, commen mg January 22, /2010. This appeal nets
LmavecL
as a supersedeas
A hearing is scheduled for, 2010, at o'clock Vim., in
Courtroom No
?-
cr- tr>
- N
ell
'
La_ q
?- ca ')
N CJ
of the Cumberland County Courthouse, Carlisle, Pennsylvania.
- 0"a tl?
Corks- t-ki E 6L
/ /a o 10
QV TLJC ^^I InT.
JOSEPH A. LUISI,
APPELLANT
V.
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
APPELLEE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 2010-351 Civil
1j
AFFIDAVIT OF SERVICE
I, Michele A. Connor, being duly sworn according to law depose and say that on January
13, 2010, I caused a copy of the Petition to Appeal Driver's License Suspension to be served
upon the Office of Chief Counsel, Pennsylvania, Department of Transportation, by depositing a
true and correct copy of the same in the possession of the United States mail, certified mail,
return receipt requested, addressed at Office of Chief Counsel, Riverfront Office Center, Third
Floor, Harrisburg, PA 17104-2516. The Petition was received by the Office of Chief Counsel
on or about January 19, 2010. A copy of the signed return receipt card is attached hereto.
Dated: January 26, 2010
Sworn o and su'bed before me
this- y of ?16o,,4/,/ T' 2010.
Nota is
:228157
Michele A. Connor
F OTARIAL SEAL
NE M CICCOOMM
Notary PdbNc
TWP, CUMBERLAND CNTY
ion Expires May 12, 2013
U.S. Postal Service,r,
CERTIFIED MA:IL . . ... RECEIPT
C:3 (Domestic Only; No Insurance Coverage Provided)
'n a L
rU
Er Postage $ F.'
9
C3
certified Fee
J P tr
Return Receipt Fee $
0 re
E3 (Endorsement Required) 0-
O Restricted Delivery Fee ?^
C3 (Endorsement Required) J
u-I
?- Tota"' - ? -- ? r b
m Office of Chief C y
_a enrPA Department of Transportation
o ufii2iverfront office Center "''
r 'P`Third Floor
y, -----------
crHarrisburg, PA 17104-2516
¦ Complete items 1, 2, and 3. Also comply
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦'Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Office of Chief Counsel
PA Department of Transportation
Riverfront Office Center
Third Floor
Harrisburg, PA 17104-2516
A. Signature
X
? Agent
B. Received by (Printed Name) . Date of Delivery
CN 19 2ola
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
?CC9ertified Mail ? Express Mail
0 Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Ransferfrom swWcelabel) 7006 3450 0201 0925 1490
PS Form 3811, Febnwy 2oo4 Domestic Return Receipt 102595-02-M-1540
JOSEPH A. LUISI, 1N THE COURT OF COMMON PLEAS OF
APPELLANT CUMBERLAND COUNTY, ENNSYLVANIA
V. PTO: 2010-351 Civil
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
APPELLEE
NOTICE OF APPEAL
Notice is hereby given that Joseph A. Luisi, Appellant above named, hereby appeals to
the Commonwealth Court of Pennsylvania from the Order entered in this matter on the 15`}' day
of April 2010. This Order has been entered in the docket as evidenced by the attached copy of
the docket entries.
SHUMAKER WILLIAMS, P.C.
~
~~
w
By
Dated:
/
/
A hley G low , I. . #206498
One East et Street, Suite 301
York, PA 17401
(717) 848-5134
Attorney for Appellant
:231075
n
c
-- r•a
~~
r„i ~
~
C+'3 r ~
~L%
l'~~ 530~~ -= ~.~7 j
~
,~` a ~i ~~
~ ~ E„ t
.
10584205102010 Cumberland County Prothonotary's Office Page 1
PYS510 Civil Case Print
t
2010-00351 LUISI JOSEPH A (vs) PENNSYLVANIA
COMMONWEALTH OF
Reference No... Filed......... 1/13/2010
Case Type.....: APPEAL - LICENSE SUSP Time.........: 2:31
Judgment...... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR
Disposed Desc.: Jury Trial....
Disposed Date.
0/00/0000
------------ Case Comments ------------- Hig .er Crt 1.:
Higher Crt 2.:
********************************************* ***********************************
General Index Attorney Info
LUISI JOSEPH A APPELLANT GALLOWAY ASHLEY M
4902 CARLISLE PIKE
#121
MECHANICSBURG PA 17050
PENNSYLVANIA COMMONWEALTH OF APPELLEE
TRANSPORATION BUREAU OF DRIVER
1101 SOUTH FRONT STREET
HARRISBURG PA 17011
********************************************************************************
* Date Entries *
********************************************************************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
1/13/2010 PETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE - BY
ASHLEY M GALLOWAY ATTY FOR APPELLANT
-------------------------------------------------------------------
1/20/2010 OUDSPENSIONI4/HEARITNGEISPSCHEDULEDOFORP4/14/IOVATSl0I00NAM IN CR1
CUMBERLAND COUNTY COURTHOUSE - BY J WESLEY OI,ER JR J - COPIES
MAILED 1/20/10
1/27/2010 AFFIDAVIT OF SERVICE - PETITION TO APPEAL DRIVERS LICENSE
SUSPENSEION UPON DEFT - BY MICHELE A CONNER
4/19/2010 ORDER OF COURT - 4/14/10 I NRE: PETITION TO APPEAL DRIVERS LICENSE
SUSPENSION - THE RECORD IS DECLARD CLOSED ANL) THE MATTER IS TAKEN
UNDER ADVISEMENT - BY J WESLEY OLER JR J - CC)PIES MAILED 4/19/10
4/19/2010 ORDER OF COURT - 4/15/10 IN RE: LICENSE SUSPENSION APPEAL -
FOLLOWING A HEARING HELD ON 4/14/10 - THE APPEAL IS DENIED AND THE
SUSPENSION OF APPELLANTS DRIVING PRIVILEGE Bpi' APELLEE BY A MAILING
MAILEDF4/19/8p09 IS AFFIRMED - BY J WESLEY OI,ER JR J - COPIES
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
* Escrow Information
* Fees & Debits Be Bal PYmts/Ad End Bal
~F~t*~c*~cic**~c~c*~c~c~c~c~t k*~F~k*ic~F*~cic*~t*~c*~k~F**~c~ciric*~C~k~c~c**~F~c*ic~cic~c~c~t~~*~F~c~c~c~cic~c~k~c***~c****~c~c*~c~c
APPEAL LIC SUSP 55.00 55.00 .00
TAX ON APPEAL .50 .50 .00
SETTLEMENT 8.00 8.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 23.50 23.50 .00
---------
---------------
92.00 --------- ---
92.00 -
.00
********************************************************************************
* End of Case Information
TRVE COPY FROM RECORD
M Testimony wher'e~~ I ~'~ unto set my hand
and the seal of said Court at Carlisle Pa.
TMs ~_~ ~_1~~ 2011E
Prothonotary
PROOF OF SERVICE
I, Ashley M. Galloway, Esquire, of the law firm of Shumaker Williams, P.C., hereby
certify that I served a true and correct copy of the foregoing Notice of Appeal on this date by
depositing a copy of the same in the possession of the United States mail, first-class, postage
prepaid, addressed as follows:
The Honorable J. Wesley Oler, Jr.
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Michele Eline, Official Court Reporter
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Melissa H. Calvanelli, Court Administrator
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Philip Bricknell, Esquire
Assistant Counsel
Pennsylvania Department of Transportation
Office of Chief Counsel
Riverfront Office Building
1101 South Front Street
Harrisburg, PA 17104-2830
SHUMAKER WILLIAMS, P.C.
Dated:.5~ia/~o By
A ley M al owa
One East et Street, Suite 301
York, PA 17401
(717) 848-5134
~ ~'
JOSEPH A. LUISI,
APPELLANT
V.
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
APPELLEE
[N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, ENNNYLVANIA
NO: 2010-351 Civil
REQUEST FOR TRANSCRIPT
A Notice of Appeal having been filed in this matter, the Official Court Reporters are
hereby ordered to produce, certify and file the April 14, 2010 transcript in this matter in
conformity with Rule 1922 of the Pennsylvania Rules of Civil Procedure.
SHUMAKER WILLIAMS, P.C.
Dated: ~/~~'~/C) By
A hley M. owa I.D #206498
One East et Street, Suite 301
York, PA 17401
(717) 848-5134
Attorney for Appellant
:231078
c °- ~
-A
-
~ o
~
~
~
`~ ~ ri' ~
_~. _,,,
~_ c.
C/7 ~': N
~~ N
w
PROOF OF SERVICE
I, Ashley M. Galloway, Esquire, of the law firm of Shumaker Williams, P.C., hereby
certify that I served a true and correct copy of the foregoing Request for Transcript on this date
by depositing a copy of the same in the possession of the United States mail, first-class, postage
prepaid, addressed as follows:
The Honorable J. Wesley Oler, Jr.
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Michele Eline, Official Court Reporter
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Melissa H. Calvanelli, Court Administrator
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Philip Bricknell, Esquire
Assistant Counsel
Pennsylvania Department of Transportation
Office of Chief Counsel
Riverfront Office Building
1101 South Front Street
Harrisburg, PA 17104-2830
SHUMAKER WILLIAMS, P.C.
Dated: s//c~~/(~ By
Ashley M Ga oway, I.D,J#206498
One East et Street, Suite 301 /
York, PA 17401
(717) 848-5134 \
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Commonwealth Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Joseph A. Luisi
Vs.
Commonwealth of Pennsylvania
Department of Transportation
10-351 Civil
875 CD 2010
The documents comprising the record have been numbered from No.l to 82, and attached
hereto as Exhibit A is a list of the documents correspondingly numbered and identified
with reasonable definiteness, including with respect to each document, the number of
pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 06/28/2010
Da ' uell, Prot onotary
Regina Lebo, Deputy
An additional couy of this certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Date
Signature & Title
Commonwealth of Pennsylvania
ss:
County of Cumberland
1, _ David D. Buell ,Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, whereitz
Joseph A. Luisi
In 'TESTIMONY Vb'FIEREOF, 1 have hereunto
this 2~th__
Plaintiff, and Commonwealth of
Pennsylvania Department of Transportation
Defendant , as the same remains of record
before the said Court at No. 10-351 of
Civil Term, A. D. 19
set my hand and affixed the seal of said Court
da~ ofd June A. D., 2010
Prothonotarti
1, Kevin A Hecs President Judge of the Ninth
Judicial District, composed of the County of Cumberland, do certify that
David D. Buell by whom the annexed record, certificate and
attestation were made and given,. and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seat of the Court ol~ Common Pleas of said County, was, at the time of so doing, and now is
Prothonotar;: i;r ~atld for said County of Cumberland in
the Corrcrno nwe~a:(th of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith
and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record,
certificate anciattes<<ztit?n are in due form of law and made by the roper officer
President Jude
Contmorwealth of P~nns~vai~ia
County of Cumberland ss:
1, __ _David D. Buell Prothonotary of the Court of Common Pleas in
and For the said County.. do certify that the 1-lonorable _ Kevin A H ce
b_y whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, orphan' Court and Court of
Quarter Sessions o1-the Peace in and 1'or said County, duly Commissioned and qualified; to aU whose acts
as such full faith and credit are and ought to he given, <ts well in Courts of judicature as elsewhere.
1N TESTIMONY WHEREOF, 1 have hereunto
set my hand and affixed the seal of said Court this
8th day of June A. D. 2010
Prottu~nutan~
i •
No. Term 19
S75 CD 2010
No. 10-351 Civil Term
Joseph A. Luisi
Versus
Commonwealth of
Pennsylvania Department of Transportation
EXEMPLIFIED RECORD
From Cumberland Count
Y
Debt, $ Int.
from
Costs
Entered and Filed 14
Prothonotary.
Among the Records and Proceedings enrolled in the court of Common Pleas in and far the
Cumberland
county of in the Commonwealth of Pennsylvania
to No
COPY" OF
sus cD zoio
10.3s1
Term, 19
Appearance
Joseph A. Luisi
VS.
is contained the following:
DOCKET ENTRY
Commonwealth of
Pennsylvania Department of Transportation
**SEE CERTIFIED COPY OF DOCKET ENTERIES**
Civil Case Print
2010-00351 LUISI JOSEPH A (vs) PENNSYLVANIA COMMONWEALTH OF
Reference No...
Case Typte.....: Z- APPEAL - LICENSE SU
JudgeeAssigned: OLER J WESLEY JR
Disposed Desc.:
------------ Case Comments -------------
Filed......... 1/13J2010
Time........ 2:31
Execution Date 0/00/0000
Jury Trial....
Disposed Date. 0/00/0000
Higher Crt 1.: 875 CD 2010
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
LUISI JOSEPH A APPELLANT GALLOWAY ASHLEY M
4902 CARLISLE PIKE
#121
MECHANICSBURG PA 17050
PENNSYLVANIA COMMONWEALTH OF APPELLEE
TRANSPORATION BUREAU OF DRIVER
1101 SOUTH FRONT STREET
HARRISBURG PA 17011
********************************************************************************
* Date Entries
********************************************************************************
~ _ ~ 1 1/13/2010
1/20/2010
~a - ~3 1/27/2010
25 4/16/2010
.Z~I 4/19/2010
~~ _ 2$'5/12/2010
-~ 30 5/12/2010
3~ _ 3y 5/17/2010
35 5/18/2010
3(a-~~-I 6/03/2010
(DS' -' '7O6/ 07/2010
') (_ 71.~ 6/10/2010
~~ _ $ ~ 6/25/2010
$~
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
PETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE - BY
ASHLEY M GALLOWAY ATTY FOR APPELLANT
-------------------------------------------------------------------
ORDER - 1/14/10 IN RE: PETITION TO APPEAL DRIVERS LICENSE
SUSPENSION - HEARING IS SCHEDULED FOR 4 14/10 AT 10:00 AM IN CRl
CUMBERLAND COUNTY COURTHOUSE - BY J WES EY OLER JR J - COPIES
MAILED 1/20/10
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE - PETITION TO APPEAL DRIVERS LICENSE
SUSPENSION UPON DEFT - BY MICHELE A CONNER
-------------------------------------------------------------------
ORDER OF COURT - 4/15/10 IN RE: LICENSE SUSPENSION APPEAL -
FOLLOWING A HEARING HELD ON 4/14/10 - THE APPEAL IS DENIED AND THE
SUSPENSION OF APPELLANTS DRIVING PRIVILEGE BY APELLEE BY A MAILING
MAILEDF4/19/1009 IS AFFIRMED - BY J WESLEY OLER JR J - COPIES
-------------------------------------------------------------------
ORDER OF COURT - 4/14/10 I NRE: PETITION TO APPEAL DRIVERS LICENSE
SUSPENSION - THE RECORD IS DECLARD CLOSED AND THE MATTER IS TAKEN
UNDER ADVISEMENT - BY J WESLEY OLER JR J - COPIES MAILED 4/19/10
-------------------------------------------------------------------
NOTICE OF APPEAL TO COMMONWEALTH COURT - BY ASHLEY M GALLOWAY ATTY
FOR PLFF
-------------------------------------------------------------------
REQUEST FOR TRANSCRIPT BY ASHLEY M GALLOWAY ESQ
-------------------------------------------------------------------
COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 875 CD 2010
-------------------------------------------------------------------
ORDER OF COURT - 5/17/10 - UPON CONSIDERATION OF THE NOTICE OF
APPEAL FILED IN THE ABOVE CAPTIONED MATTER APPELLANT IS DIRECTED
PURSUANT TO PA RAP 1925B TO FILE OF RECORD IN THIS COURT AND TO
SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT OF ERRORS
COMPLAINED OF ON APPEAL NO LATER THAN 21 DAYS AFTER ENTRY OF THIS
ORDER - ANY ISSUES NOT PROPERLY INCLUDED IN THE STATEMENT TIMELY
FILED AND SERVED PURSUANT TO THIS ORDER SHALL BE DEEMED WAIVED -
BY J WESLEY OLER - COPIES MAILED 5/19f10
-------------------------------------------------------------------
TRANSCRIPT OF PROCEEDINGS - BY J WESLEY OLER JR J
-------------------------------------------------------------------
APPELLANTS STATEMENT OF MATTERS COMPLAINED OF ON APPEAL PURSUANT
TO PA RAP 1925 B - BY ASHLEY M GALLOWAY ATTY FOR APPELLANT
-------------------------------------------------------------------
ORDER - 6/10/10 IN RE: UNOPPOSED MOTION TO RETAIN DRIVERS LICENSE
PRIVILEGES PENDING APPEAL TO COMMONWEALTH COURT - BY J WESLEY OLER
JR J - COPIES MAILED 6/10/10
-------------------------------------------------------------------
OLEREJROJINIOOPIESSMAILED06/25%10 1925 - 6/24/10 - BY J WESLEY
~c~t~ b;-}-s
~u~~~u~11uCivil~CaseyPrintlyv~~yY U vyy1y~ y~~y
2010-00351 LUISI JOSEPH A (vs) PENNSYLVANIA COMMONWEALTH OF
Reference No..: Filed........: 1/13/2010
Case Ty e.... Z- APPEAL -
Judgmen~
: LICENSE SU
00 Time.........: 2:31
...... . Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.:
------------ Case Comm
t Disposed Date. 0/00/0000
en
s - ----------- Higher Crt 1.: 875 CD 2010
- Higher Crt 2.:
----------------
6/28/2010 NOTICE OF DOCKET ------------------------
ENTRIES MAILED TO ASHLEY ---------------
M GALLOWAY ESQ -----------
AND
PHILIP BRICKNELL ESQ
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
**************************************** ************* *************** ************
* Escrow Information
* Fees & Debits
************************* Be~ Bal Pmts/Ad~ End Bal
**** *** ******* * ****** **** *************** ************
APPEAL LIC SUSP 55.00 55.00 .00
TAX ON APPEAL .50 .50 .00
SETTLEMENT 8.00 8.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 23.50 23.50 .00
APPEAL HIGH CT
---- 48.00
----------- 48.00 .00
140.00 --------- ---
140.00 ---------
.00
********************************************************************************
* End of Case Information *
********************************************************************************
TRUE CthP'Y FR411A RECORD
In Testittsony wrts8 I har?® unto set my hand
and the ase~al of asiC! C+6~ut ~ C+~aHs!e. Pa.
This ~. C,,,day~l'.~J~:~4~ . ~0 [O
~~ prothonotary
i~ --~. t
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Commonwealth Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Joseph A. Luisi
Vs.
Commonwealth of Pennsylvania
Department of Transportation
10-351 Civil
875 CD 2010
The documents comprising the record have been numbered from No.l to 82, and attached
hereto as Exhibit A is a list of the documents correspondingly numbered and identified
with reasonable definiteness, including with respect to each document, the number of
pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 06/28/2010
David D. Buell Prothonotary
Regina Lebo, eputy
An additional copy of this certificate is enclosed. Please sign and date cony, thereby
acknowledging receipt of this record.
Date Signature & Title
L i ~b d bZ Ntlf Oil
tt1Nt~AlRSi~N3d ~Q
121f10~ H1lV3Mli4WW0~
tl~~l a ~' O~A.I~`~~N
Buell, David D.
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
----------------------------------- -----------------------------
AOPC 1231 Rev.03/03/2011
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Joseph A. Luisi,
Appellant
/c7 - :3S l
V. No. 875 C.D. 2010
Commonwealth of Pennsylvania, Submitted: October 22, 2010
Department of Transportation, Bureau
of Driver Licensing
BEFORE: HONORABLE RENEE COHN JUBELIRER
Judge '_'
, '
HONORABLE MARY HANNAH LEAVITT, Judge
HONORABLE JOHNNY J. BUTLER
Judge ,
, z
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE COHN JUBELIRER
FILED: March 4, 2011
Joseph A. Luisi (Licensee) appeals from the order of the Court of Common
Pleas of Cumberland County (trial court) denying his statutory appeal and reinstating
the one-year license suspension imposed by the Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing (DOT) pursuant to the
provisions of Section 1543 of the Vehicle Code, 75 Pa. C.S. § 1543.'
' Section 1543 of the Vehicle Code provides, in pertinent part:
(a) Offense defined.--Except as provided in subsection (b), any person who drives a
motor vehicle on any highway or trafficway of this Commonwealth after the
commencement of a suspension, revocation or cancellation of the operating privilege
(Continued...)
On October 20, 2009, Licensee was issued a traffic citation for Driving While
Operating Privileges Were Suspended or Revoked (Citation 42). On December 9,
2009, Licensee pled guilty to Citation #2, and he has never appealed this conviction.
Upon receiving notice of this conviction, DOT notified Licensee, by letter dated
December 18, 2009, that it was suspending his license for a period of one year, as
mandated by Section 1543(c)(1) of the Vehicle Code. Licensee appealed this
suspension to the trial court, and a hearing was conducted where Licensee testified on
his own behalf.
Licensee testified that the suspension of his license in response to his guilty
plea to Citation #2 stemmed from a traffic citation that was issued to him in 2008
(Citation # 1), of which he was unaware. In December 2008, Citation # 1 was issued
to Licensee via the mail; however, Licensee never received Citation # 1 because DOT
had an incorrect address for him on record.2 Because Licensee never paid the costs
and before the operating privilege has been restored is guilty of a summary offense
and shall, upon conviction, be sentenced to pay a fine of $200.
(c) Suspension or revocation of operating privilege.--Upon receiving a certified
record of the conviction of any person under this section, the department shall
suspend or revoke that person's operating privilege as follows:
(1) If the department's records show that the person was under suspension, recall or
cancellation on the date of violation, and had not been restored, the department shall
suspend the person's operating privilege for an additional one-year period.
75 Pa. C.S. § 1543(a), (c)(1).
2 The address of record was "Joseph A Luisi, 4902 Carlisle Pike, PO Box 121, APT 121,
Mechanicsburg[,] PA, 17050" but Licensee's correct address was "Joseph A Luisi, 4902 Carlisle
Pike, APT 121, Mechanicsburg[,] PA, 17050." (Trial Ct. Op. at 5.) The trial court stated that,
although it was unclear how the post office box became part of Licensee's address on record with
DOT, "it did seem clear that [Licensee] bore considerable responsibility for its remaining in the
(Continued...)
2
and fine associated with Citation #1, DOT suspended Licensee's driving privileges
(initial suspension). Licensee was unaware of the initial suspension, again, because
DOT had an incorrect address for Licensee in its records. Licensee eventually
discovered the license suspension for failing to respond to Citation #I and "convinced
the magisterial district judge to dismiss the prosecution that had occasioned the fine
and costs, corrected his address with [DOT], and assumed that the [initial] suspension
was no longer in effect." (Trial Ct. Op. at 5.) However, Licensee was mistaken; his
license was still suspended because he never paid the restoration fee in the amount of
$25.00. While Licensee's operating privilege was still suspended on this latter basis,
he was stopped and issued Citation #2 for Driving While Operating Privileges Were
Suspended or Revoked. A few days later, Licensee paid the restoration fee and,
ultimately, pled guilty to Citation #2 "after receiving bad advice from the police
officer as to the effect of such a plea on his license." (Trial Ct. Op. at 5.)3 As
record as of the time of the citation that he claimed not to have received, inasmuch as the driver's
license that he was carrying at the time showed that address." (Trial Ct. Op. at 5-6.)
3 Licensee offered the following explanation for pleading guilty to Citation #2:
... I had originally entered the plea of not guilty. I think I paid the fine at the
time, and then several days before the court date was set I had an extremely busy
schedule at work. So I called the police officer and spoke with him directly and
asked him - - I said, hey, I've got a really busy schedule. This ticket that I have, are
there any points associated with it? And he said no, it was just simply a fine that you
would just pay. And he said that you can go - - that I could just call the District
Justice, change my plea, pay the fine, and that would be the end of it.
Not knowing any better, I called the District Justice, explained the situation,
said, you know, I would like to change my plea to guilty and pay the fine, and they
said, that is fine. The police officer, the District Justice, nobody made me aware by
doing that ... would lead to the events that I am sitting here today for.
So my original plea was not guilty, and then I switched it because the officer
led me to believe that it was just a monetary fine and there was no repercussion if I
pleaded guilty and just paid it.
(Continued...
)
3
explained above, this guilty plea to Citation #2 precipitated DOT's suspending
Licensee's operating privilege for an additional year, which is the basis for this
appeal.
Based on the evidence presented, the trial court denied Licensee's appeal and
affirmed DOT's suspension. The trial court concluded that Licensee's challenge to
DOT's suspending his license "represented an impermissible collateral attack upon
the conviction." (Trial Ct. Op. at 6.) Licensee now appeals to this Court.'
On appeal, Licensee argues that the trial court erred in denying his appeal and
upholding DOT's suspension because he was denied due process when DOT failed to
send Citation #1 and the initial suspension notification to Licensee's correct address
such that "he was unable to avail himself of the information typically found within
those notices, including instructions on how to reinstate driving privileges and
notification that there could be collateral civil consequences to a guilty plea."
(Licensee's Br. at 11.) Licensee asserts that DOT's failure led him to make "an
uninformed guilty plea for [Citation #2]. .... Had [Licensee] been fully informed of
his rights and responsibilities, he would not have changed his plea from not guilty to
guilty for [Citation #2]." (Licensee's Br. at 11.)
(Hr'g Tr. at 17-18, R.R. at 52a-53a.)
a "This court's scope of review on appeal is limited to determining whether the findings of
fact are supported by competent evidence or whether the trial court committed an error of law or an
abuse of discretion in reaching its decision." Department of Transportation Bureau of Driver
Licensing v. Grubb, 618 A.2d 1152, 1153 n.3 (Pa. Cmwlth. 1992).
4
We have carefully scrutinized the entire record in this matter and, while we are
sympathetic to Licensee, we are constrained by the law and conclude that the
Honorable J. Wesley Oler, Jr. properly disposed of this case. Accordingly, we affirm
on the basis of Judge Oler's opinion at Luisi v. Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing, (Cumberland County, No.
351-2001, filed June 25, 2010).5
ttitet.
RE EE COHN JUB URER, Judge
5 Section 1553 of the Vehicle Code, 75 Pa. C.S. § 1553, provides that Licensee will be
eligible to apply for an occupational limited license three months after his one-year suspension
begins.
5
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Joseph A. Luisi,
Appellant a.?
2010
D
No
875 C
v
.
.
.
.
Commonwealth of Pennsylvania C _ =
,
Department of Transportation, Bureau
X77
r%-)
?
of Driver Licensing
ORDER
NOW, March 4, 2011, the order of the Court of Common Pleas of
Cumberland County in the above-captioned matter is hereby affirmed on the opinion
of the Honorable J. Wesley Oler, Jr. at Luisi v. Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing, (Cumberland County, No.
351-2001, filed June 25, 2010).
RE EE COHN JUB LIRER, Judge
CerMed from the Record
MAR-42011
and Order Exit
CDi moubjPaltb Court of VennopYbanta
Kristen W. Brown Pennsylvania Judicial Center
Prothonotary 601 Commonwealth Avenue, Suite 2100
Michael Krimmel, Esq. P.O. Box 69185
Chief Clerk of Commonwealth Court Harrisburg, PA 17106-9185
May 19, 2011 www.Pacourts.us
CERTIFICATE OF REMITTAUREMAND OF RECORD
TO: David D. Buell
Prothonotary
RE: Luisi v. DOT
875 CD 2010
Trial Court: Cumberland County Court of Common Pleas
Trial Court Docket No: 2010-351 Civil
Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the
entire record for the above matter.
Original Record contents:
Item Filed Date Description
trial court record June 29, 2010 1
Remand/Remittal Date:
ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning
the enclosed copy of this certificate to our office. Copy recipients (noted below) need not
acknowledge receipt.
Respectfully,
Common Court Filin Officl9rM
MM
r -0m
o°
x" ? --n
C
-4
-< c-n
x-.
Luisi v. DOT
875 CD 2010
Letter to: Buell, David D.
May 19, 2011
Acknowledgement of Certificate of RemittaURemand of Record (to be returned):
Signature
Date
Printed Name