The URL can be used to link to this page

Home My WebLink About10-2760COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON 786 High Mountain Road Gardners, PA 17324 Petitioner NO.: 0- oq Ale e( U! V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel Third Floor c7 a Riverfront Office Center E C o i Harrisburg, PA 17104 Respondent : r 01 PETITION FOR DRIVERS LICENSE APPEAL - w. Richard L. Johnson, by and through his attorneys, MARCELLO & KIVISTO, LLr,,,, appeals the suspension of his commercial driving privileges by the Commonwealdof %C2 Pennsylvania Department of Transportation effective May 18, 2010, and in support thereof avers as follows: 1. Petitioner, Richard L. Johnson, resides at 786 High Mountain Road, Gardners, PA 17324. 2. Petitioner's driver's license number is 14771479. 3. Petitioner drives a truck for a living and possesses a commercial driving license. 4. On 2/20/2010, Petitioner was issued a citation for allegedly leaving the scene of an accident in violation of 75 Pa.C.S. § 3745(a), in the Commonwealth of Pennsylvania. 5. Petitioner was convicted of violating said statute before the Honorable David L. Plum, Magisterial District Justice, Franklin County. 6. Because of said conviction, Petitioner has been notified by respondent, the Commonwealth of Pennsylvania Department of Transportation, that his commercial driving privilege is suspended for a period of one (1) year (See April 13, 2010 letter from Pennsylvania Department of Transportation to Richard L. Johnson, attached hereto as Exhibit #1). ?1yv "7 A?, /*4*&ro 7. At the time of the citation, Petitioner was driving a truck, with Vehicle Registration Number YBB4295. 8. Petitioner's economic livelihood depends upon his ability to drive a commercial vehicle. 9. Petitioner has filed an appeal of his conviction under 75 Pa.C.S. § 3745(a), and therefore, any suspension of Petitioner's commercial driving privilege based on said conviction is premature. 10. Petitioner believes and therefore avers it is relatively reasonable that he will be successful in appealing his conviction. 11. Petitioner requests this Honorable Court grant a Stay of his driver's license suspension pending the outcome of his appeal. WHEREFORE, Petitioner requests this Honorable Court to conduct a hearing on Petitioner's suspension of his commercial driving license and to Stay the suspension of his driver's license pending the outcome of this Petition for Appeal. Date: Respectfully Submitted, MareeHo and Kivisito, LLC By. Douglas . Marcello, Esq. Attorney I.D. No. 36510 Alyssa Adams, Esq. Attorney I.D. No. 306783 Marcello and Kivisito, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (717) 240-4686 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON : 786 High Mountain Road Gardners, PA 17324 NO.: Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel : Third Floor Riverfront Office Center Harrisburg, PA 17104 Respondent : VERIFICATION I, Richard L. Johnson hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Dated: yd ib COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON 786 High Mountain Road : Gardners, PA 17324 NO.: Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Respondent CERTIFICATE OF SERVICE I certify that the foregoing Time-stamped, Certified Copy of Petition for Drivers License Appeal in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, Certified Mail, in Carlisle, PA on the 26th day of April, 2010. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 L#A I. GA. Adams, Esq. i COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 13, 2010 RICHARD L JOHNSON WID * 100969283517581 001 786 HIGH MOUNTAIN ROAD PROCESSING DATE 04/06/2010 DRIVER LICENSE # 14771479 GARDNERS PA 17324 DATE OF BIRTH 09/04/1950 Dear Motorist: This is an Official Notice of Disqualification of your commercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of your pre-adjudication, conviction, administrative adjudication, or refusal in Pennsylvania. Your driving record reflects one of the above adjudications on 04/05/2010 of 37459 of the Pennsylvania Statutes, LEAVING SCENE OF ACCIDENT on 0212012010. Your commercial driving privilege is disqualified for a period of 1 YEAR(S) effective 05/18/2010 at 12:01 A.M. in order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under disqualification even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. 100969283517581 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if you elect to obtain this noncommercial Class C or M license, you are still prohibited from operating a commercial motor vehicle. If you do so, you are subject to additional penalties, including possible lifetime disqualification of Your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (APRIL 13, 2010) of this notice. You must still send in your license before the effective date of disqualification unless you appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION .OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, 9;?k ?-- - Z g vf) Janet L. Dolan, Director Bureau of Driver Licensing COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON IG" aMld el V_I Petitioner NO : V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING -r, ` ` ??• a Respondent . r 7C cry MOTION FOR SUPERSEDEAS c Richard L. Johnson, by and through his attorneys, MARCELLO & KIVISTO, d ? LLC, moves for a Supersedeas of the disqualification of his commercial driving privileges by the Commonwealth of Pennsylvania Department of Transportation, effective May 18, 2010, pursuant to 75 Pa.C.S. § 1550(b)(2) that provides for an ex parte Supersedeas, and in support thereof avers as follows: 1. Movant, a commercial driver, moves for a Supersedeas based upon a reasonable likelihood of successful prosecution based upon the following: a. the disqualification is based upon a citation for leaving the scene of an accident in violation of 75 Pa.C.S. § 3745(a); b. Movant has appealed the citation; c. the factual basis for the citation is Movant operated a truck pulling down utility wires; d. Movant has a substantial likelihood of success because he waited for thirty minutes for access to a phone to report the incident and left when he he saw police and fire trucks going towards the scene of the incident; 2. Movant will suffer substantial financial hardship during the pendency of this Appeal, as he will be denied his ability to earn a living as a commercial driver. 3. Movant, Richard L. Johnson, resides at 786 High Mountain Road, Grdners, PA 17324. 4. Movant's driver's license number is 14771479. 5. Movant drives a truck for a living and possesses a commercial driving license. 6. On February 20, 2010, Movant was issued a citation for allegedly leaving the scene of an accident in violation of 75 Pa.C.S. § 3745(a), in the Commonwealth of Pennsylvania. 7. Movant was convicted of violating said statute before the Honorable David L. Plum, Magisterial District Justice, Franklin County. 8. Because of said conviction, Movant has been notified by respondent, the Commonwealth of Pennsylvania Department of Transportation, that his commercial driving privilege is disqualified for a period of one (1) year. A copy of said notification is attached hereto as Exhibit "I". 9. On or about April 16, 2010, Movant filed a Petition for a Driver's License Appeal, asking this Honorable Court to Stay his driver's license disqualification. A copy of said Petition is attached hereto as Exhibit "2". 10. Movant now moves for a Supersedeas of the disqualification of his commercial driving privileges pursuant to 75 Pa.C.S. § 1550(b)(2). 11. Movant has filed a timely appeal of his conviction under 75 Pa.C.S. § 3745(a), and therefore, any disqualification of Movant's commercial driving privilege based on said conviction is premature. 12. Movant believes and therefore avers that there is a reasonable likelihood that he will be successful in appealing his conviction because he waited for thirty minutes for access to a phone to report the incident and left when he saw police and fire trucks going towards the scene of the incident. 12. Movant's economic livelihood depends upon his ability to drive a commercial vehicle. 13. As Mavant's economic livelihood is dependant upon his commercial driving privileges, he will suffer great economic hardship if this Court denies this Motion for Supersedeas. WHEREFORE, Movant requests this Honorable Court to grant a Supersedeas of the disqualification of his commercial driving privileges pursuant to 75 Pa.C.S. § 1550(b)(2). Date: Respectfully Submitted, Marcello and Kivisito, LLC r-VBy: Douello, Esq. Attorney I.D. No. 36510 Alyssa Adams, Esq. Attorney I.D. No. 306783 Marcello and Kivisito, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (717) 240-4686 OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent VERIFICATION NO.. I, Richard L. Johnson hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Dated: YA 6 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON 786 High Mountain Road Gardners, PA 17324 Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Respondent NO.. CERTIFICATE OF SERVICE I certify that the foregoing Time-stamped, Certified Copy of Petition for Drivers License Appeal in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, Certified Mail, in Carlisle, PA on the 26th day of April, 2010. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Na I. G ---- Alyssa A. Adams, Esq. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 13, 2010 RICHARD L JOHNSON WID # 100969283517581 001 786 HIGH MOUNTAIN ROAD PROCESSING DATE 04/06/2010 DRIVER LICENSE # 14771479 GARDNERS PA 17324 DATE OF BIRTH 09/04/1950 Dear Motorist: This is an Official Notice of Disqualification of your commercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of your pre-adjudication, conviction, administrative adjudication, or refusal in Pennsylvania. Your driving record reflects one of the above adjudications on 04/05/2010 of 3745, of the Pennsylvania Statutes, LEAVING SCENE OF ACCIDENT on 0212012010. Your commercial driving privilege is disqualified for a period of 1 YEAR(S) effective 05/18/2010 at 12:01 A.M. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under disqualification even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. 100969283517581 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if you elect 'to obtain this noncommercial Class C or M license, you are still prohibited from operating a commercial motor vehicle. If you do so, you are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (APRIL 13, 2010) of this notice. You must still send in your license before the effective date of disqualification unless you appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, 1???- - Z g &,) Janet L. Dolan, Director Bureau of Driver Licensing • • 0 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON : 786 High Mountain Road Gardners, PA 17324 NO.: Petitioner v. COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel ; Third Floor Riverfront Office Center Harrisburg, PA 17104 Respondent : ORDER AND NOW, this _ day of 2010, in consideration of Petitioner's Petition for Drivers License Appeal, it is hereby ORDERED and DECREED that said petition is GRANTED. BY THE COURT: J. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON 786 High Mountain Road Gardners, PA 17324 Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Respondent NO.. PETITION FOR DRIVERS LICENSE APPEAL Richard L. Johnson, by and through his attorneys, MARCELLO & KIVISTO, LLC, appeals the suspension of his commercial driving privileges by the Commonwealth of Pennsylvania Department of Transportation effective May 18, 2010, and in support thereof avers as follows: 1. Petitioner, Richard L. Johnson, resides at 786 High Mountain Road, Gardners, PA 17324. 2. Petitioner's driver's license number is 14771479. 3. Petitioner drives a truck for a living and possesses a commercial driving license. 4. On 2/20/2010, Petitioner was issued a citation for allegedly leaving the scene of an accident in violation of 75 Pa.C.S. § 3745(a), in the Commonwealth of Pennsylvania. 5. Petitioner was convicted of violating said statute before the Honorable David L. Plum, Magisterial District Justice, Franklin County. 6. Because of said conviction, Petitioner has been notified by respondent, the Commonwealth of Pennsylvania Department of Transportation, that his commercial driving privilege is suspended for a period of one (1) year (See April 13, 2010 letter from Pennsylvania Department of Transportation to Richard L. Johnson, attached hereto as Exhibit #1). 7. At the time of the citation, Petitioner was driving a truck, with Vehicle Registration Number YBB4295. 8. Petitioner's economic livelihood depends upon his ability to drive a commercial vehicle. 9. Petitioner has filed an appeal of his conviction under 75 Pa.C.S. § 3745(a), and therefore, any suspension of Petitioner's commercial driving privilege based on said conviction is premature. 10. Petitioner believes and therefore avers it is relatively reasonable that he will be successful in appealing his conviction. 11. Petitioner requests this Honorable Court grant a Stay of his driver's license suspension pending the outcome of his appeal. WHEREFORE, Petitioner requests this Honorable Court to conduct a hearing on Petitioner's suspension of his commercial driving license and to Stay the suspension of his driver's license pending the outcome of this Petition for Appeal. Date: Respectfully Submitted, Marcello and Kivisito, LLC By \ _ Douglas . Marcello, Esq. Attorney I.D. No. 36510 Alyssa Adams, Esq. Attorney I.D. No. 306783 Marcello and Kivisito, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (717) 240-4686 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON 786 High Mountain Road Gardners, PA 17324 Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Office of Chief Counsel : Third Floor Riverfront Office Center Harrisburg, PA 17104 Respondent VERIFICATION NO.. I, Richard L. Johnson hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: 7 Dated: yd /b COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON Petitioner NO.: V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent CERTIFICATE OF SERVICE I certify that the foregoing Motion for Supersedeas in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States First Class Mail, in Carlisle, PA on the 26th day of April, 2010. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 LIU, , Adams, Esq. ~ ~ JUN 0 ~ 201 ~ 0 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY RICHARD L. JOHNSON Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent NO.: 10-2760 CIVIL TERM CIVIL ACTION -LAW ORDER AND NOW, this ~ day of ~ w, C~ , 2010, upon consideration of Petitioner's request and with Respondent's indication that it did not object, the hearing in this matter set for June 15, 2010 at 2:00 p.m. is hereby CONTINUED. This matter is rescheduled for ~,~ ~~' ~~, ~~ !D ~~~-~~/~ =d~ ~~h'1. ~ ~~~ ~'2~~m `774• l! ~~~,~~Gt~ ~2~C!~!~`-~.`~ . ~ C ~ ~~ , By the Court I ~~ t ~ ~ cc: Douglas B. Marcello, Esq -Attorney for Petitioner Philip Bricknell, Esq -Attorney for Respondent d' ,~/GG- C ~ ~~ = ~; ° ri ~ _ f ~ ~ _ t z - - c ~ ~ -~~-, 1.: , .. - ~T .. ~ z,. ~ ~ a ~'' C' c.a =_~ ~ rn • C ~ r.s -~ RICHARD L. JOHNSON, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED AND RESCHEDULED FOR THE DAY AND NOW, this 19th day of August, 2010, the appeal filed in the above referenced matter is: X REMANDED to the Department of Transportation for correction of its records. OF Cr a Attest: IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 10-2760 CIVIL TERM ORDER 2010, AT _.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. .,,?Alyssa A. Adams, Esq., Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 ?hilip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief n Counsel, 11101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 W'Jti?S rn??l£d-- S j?t4 /to zzzr*] BY THE COURT: