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Home My WebLink About04-5094JASON TODD GLENN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 9'/-D't~qt/ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING,: Appellee : ~APPEAI, oF I,TCN~.N,gl~, ,glTgpl(,N~lON AND NOW comes the Appellant, Jason Todd Glenn, by and through his attomeys, the Law Offices ofPattick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant resides at 414 E Main Street, Apartment 2, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Appellant received a notice dated September 8, 2004, that as a result of his 06/16/2004 conviction of violating Section 3802A2 of the Vehicle Code DUI BAC .08-<. 10 on 06/16/2004, his driving privileges were being suspended for a period of one year, effective suspension date October 13, 2004, at 12:01 a.m A copy of the Notice is attached as Exhibit "A." 3. The Appellant received a second notice dated September 8, 2004, that as a result of his conviction on 06/17/2004 of violating Section 3802.62 of the Vehicle Code, DUI BAC .08-<.10 on 06/16/2004, his privilege to drive a commercial motor vehicle is being disqualified for a period of one year effective date of disqualification is 10/13/2004, at 12:01 a.m. A copy of the Notice is attached as Exhibit "B." 4. The appellant submits that he was convicted under Wyoming Statute 31-18-701(a), which is the penalty section for violating 49 CFR 392.5(a)(2) which was adopted by Wyoming pursuant to Wyoming Statute 31-18-303. 5. The federal statute 49 CFR 392.5(aX2) prohibits operating a commercial motor vehicle with any measured alcohol concentration or detected presence of alcohol. 6. The statute appellant plead guilty to in Wyoming is the equivalent of Pennsylvania's title 75 § 1612, in that Commercial drivers are prohibited from operating with any alcohol in their system, this is a summary offense whereby the driver is put out of service for 24 hours. 7. The appellant submits that because the Wyoming statute does not relate to any level of impairment or influence caused by alcohol, the Wyoming statute is not substantially similar to Pennsylvania title 75 § 3802. WHEREFORE, your Appellant respectfifliy requests your Honorable Court to schedule an evidentiary hearing on the matter. Camp I--Fill, Pennsylvania 17011-4706 ID~ 84745 Tel. (717) 763-1800 JASON TODD GLENN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING,: Appellee : 2. 3. client; 4. A TI'ORNR¥ VE.R ! FICA TION I, Marlin L. Marldey, Esquire, undersigned counsel for Appellant, Jason Todd Glenn, hereby verifies and states that: I am the attorney for Appellant, Jason Todd Glenn; I am authorized to make this verification on my client's behal~ The facts set forth in the foregoing Appeal are known to me and not necessarily to my The facts set forth in the foregoing Appeal are tree and correct to the best of my knowledge, information and beliet}, and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to uuswom falsification to authorities. Respectfully submitted, La -- uer, Jr., LLC 2108 Market SWeet, Aztec Building Camp Hill, Pennsylvania 17011-4706 lI)g 84745 Tel. (717) 763-1800 CONNONNEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Hail Date= SEPTENBER 08, 2004 JASON TODD GLENN 414 E MAIN STREET APT 2 SHIREMANSTOWN PA 17011 WID ~ 042456194342922 001 PROCESSING DATE 09/01/2004 DRIVER LICENSE ~ 23192815 DATE OF BIRTH 01/14/1974 Dear HR. GLENN: This is an Of~lclal Notloe of the Suspension of your Driving Privilege as authorized by Section $80~E2I Pennsylvania Vehicle Code. As a result of your 06/17/2004 conviction of violating Section $802A2 of the Vehicle Code DUI BAC .08-<.10 on Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/15/2004 at 12=01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for CONPLYING NITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YoU should ~olloN ALL instructions very carefully. Even if You have served all the tlme on the suspension/revocation, we cannot restore your drlvlng priv- ilege untll all the requirements are satisfied. CONPLYING NITH THIS SUSPENSION You must return all current Pennsylvania driver's 11censes, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 10/15/2004. You may surrender these items before, 10/15/2004, for earXier credit; however, you may not drive after these items are surrendered. YOU HAY NOT RETAIN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center far a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. YOU Nlll not recelve credlt toNard servlng until Ne receive your license(s). Complete steps to acknowledge this suspension. any suspension the following O42q561945q2922 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 nora- r/zed 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 68695 Harrisburg, PA 17106-8695 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/ar a sworn notarized letter, PennDOT wi1! send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us w/thin $ weeks, please contact our office. Otherwise, you wil! not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. $, If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under .SECTION 1571(a)(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, Follow the payment and mailing instructions on the back of the application, IGNITION INTERLOCK Before your driving privilege can be restored you are re- euired by law to have al! vehicle(s) owned by you to be equipped w/th an Ignition Interlock System, This is a result of your conviction for Driving Under the Influence, You will receive more information regarding this requirement approx- imately 30 days before your eligibility date. 042~561945~2922 You have the right to appeal the Department's act/on to the Court of Common Pleas (C/v/1 Div/s/on) w/th/n $0 days of the ma/1 date (SEPTEHBER 08, Z00q) of th/s not/ce. You must st/11 send /n your 1/cerise before the effect/ye date of d/squal/f/cat/on un/ess you appear in person before a Judge and rece/ve an order perm/tt/ng you to cont/nue to dr/ye. PLEASE NOTE that th/s C/v/1 Appeal /s /n add/t/on to any appeal you have to f/le from the cr/m/nal cony/ct/on. AFTER THE APPEAL HAS BEEN FZLED ZN THE COUNTY COURT, A TZHE-STANPED CERTZFZED COPY OF THE APPEAL NUST BE SENT BY CERTZFZED MAlL TO: PENNSYLVANZA DEPARTHENT OF TRANSPORTATZON OFFZCE OF CHZEF COUNSEL THZRD FLOOR, RZVERFRONT OFFZCE CENTER HARRZSBURG, PA. 17104 S/ncerely, Rebecca L. B/ckley, Director Bureau of Dr/ver Licensing SEND FEE/L/CENSE/DL-16LC/T0= Department of Transportat/on Bureau of Driver L/censing P.0. Box 68695 Harr/sburg, PA 17106-8695 1NFORNAT[ON (7:00 AN TO 8=00 PN) IN STATE 1-800-952-~600 OUT-OF-STATE 717-591-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-591-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 SEPTEMBER 08, 2004 JASON TODD GLENN 414 E MAIN STREET APT 2 SHIREMANSTOWN PA 17011 WID $ 042456194342922 001 PROCESSING DATE 09/01/2004 DRIVER LICENSE ~ 23192815 DATE OF BIRTH 01/14/1974 Dear M.ot~rist: As a result of your conviction on 06/17/2004 of violat- ing Section 3802A2 of the Vehicle Code, DUI BAC .08-(.10 on 06/16/2004 , your privilege to drive a ~ommercial motor ve- hicle is being disqualified for a period of 1 YEAR(S) as mandated by Section 1611A of the Vehicle Code. The effective date of disqualification ls 10/15/2004, 12:0! 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 DL1GLC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. 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 Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Cnedit will not begin until all current driver's license Product(s), the DL1GLC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, 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. The above mentioned sanction is in addition to any pre- viously issued sanction(s). 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 in- surance at that time. This letter w111 list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZHPORTANT= 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. ~ the right to appeal this action to the Court of Common Pleas (C/vii Division) within 30 days of the mail date, SEPTEMBER 08, 2004, of this letter. Z~ you ~tle an appeal in the County Court, the Court w111 give you a time- stamped certified copy of the appeal. In order for your appeal to be valid, You must send this time-stamped certi- fied copy of the appeal by certified mail to~ Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2616 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return al1 current Pennsylvania driver license products to PennDOT by 10/13/2004. Sincerely, Rebecca Lo 8ickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmv.state.pa.us 1-800-228-0676 717-391-6191 JASON TODD GLENN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING,: Appellee f~l~,R'l'l Iqf~ATE 01~ ,qERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp I-~ Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg PA 17104 Date' Respectfully su~ Law Offices of'Patrick FA_atuer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 I~ 84745 Tel. (717) 763-1800 JASON TODD GLENN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :Ho. Oq- 5r t9 V. COMMONWEALTH OF pENNSYLVANIA, i Appeal o:.f Operators License DEPARTMENT OF TRANSPORTATION, : Suspenmon BUREAU OF DRIVER LICENSING,: Appellee AND NOW this d~ 7-t~ day of ((~-/'~'t~'~) .2004, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shallbeheldregardingthismatteratonthe_~/~0~7 .dayof_/~ ~/~z~f~ , ,2~2~O-"~ at _ t~; ,~O a.m./9,m in Courtroom No. _eft of the VCumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: / ~A'Duti°n: ept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, THOMAS, THOMAS & HAFER, LLP Francis M. Socha, Esquire, Atty. I.D. #29101 305 North Front Street, POB 999 Harrisburg, PA 17108-0999 717/441-7069 Attorneys for Plaintiffs JOHN DIETZ AND TIME SHAFFER t/d/b/a UNITED PRODUCE, Plaintiff(s) CHRIS FAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND .COUNTY, PENNSYLVANIA NO. O3-5O94 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEClPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiffs John Dietz and Tim Shaffer t/d/b/a United Produce and against Defendant Chris Failor, in the amount of $500.00, in accordance with the award of the arbitrators dated April 27, 2004. A copy of the arbitration award is attached hereto as Exhibit "A". By copy of this Praecipe, opposing counsel is being provided notice of this entry. Date: November 19, 2004 THOMAS, THOMAS & HAFER LLP r-rancis M. Socha, Esqmre 305 North Front Street,. PO Box 999 Harrisburg, PA 17108-0999 (717) 441-7069 I.D. No. 29101 Attorneys for Plaintiff 'D'd %06 00006 IN THE COURT OF COMMON PLEAS OF CUMB~ COUNTY, PENNSYLVANIA We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our of:flee with fidelity, AWARD We, the undersigned arbi~a'ators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: Date of Award: Arbitrator, dissents. (insert ~eable.) ..-- '" ... '. ov Now, ~e ~ ~y of ~t/[ ,20 ~, at }0 :~ ~.M., ~ ~ove awgd was entered up~ t~ doest and no~ee ~of ~ven by ~1 ~ ~e p~es or ~ a~meys. Paid upon appel: CERTIFICATE OF SERVICE I, Kimberly J. Hain, of Thomas, Thomas & Hafer, LLP, do hereby certify that a true and correct copy of the foregoing document was served by first-class, U.S. mail to the following: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Dated: November 19, 2004 Kimberly J. Hain/L~g~Assistant to Francis M. Socha, Es'quire 323204.1 JASON TODD GLENN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW 04-5094 CIVIL COMMONWEALTH OF PA, DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER AND NOW, this 8'"" day of February, 2005, the court being in agreement with the appellant that the Wyoming offense of which he was convicted did not require the showing of any impairment whatsoever and, moreover, that the vehicle being driven by the appellant in Wyoming was not a commercial vehicle in Pemlsylvania, the captioned appeal of Jason Todd Glenn from driver's license suspension and commercial motor vehicle disqualification is SUSTAINED. BY THE COURT, //lJ ~lin Markley, Esquire For the Appellant ~ge Kabusk, Esquire For PennDOT :rJm > . ~ ~ o ~ - 0 9 - O.=) OF FLU - 8 ( ,) : 4 , , ,.; '.I -