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HomeMy WebLinkAbout12-7119BRIAN A. SANDERS, IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVF,R LICENSING, Appellee LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE -> ...~ ~ S'~"1 ~ Z~ ~„ r Jam,. M» ~~ Y ~J / ~:~ ^4 ~:, c:~ N C~ N ~~ hJ (~ ~~ --~ ~ ~ 3° J, <ry ~~~ ~ i.~~i r AND NOW comes the Appellant, Brian A. Sanders, by and through his counsel, Robert A. Kulling, Esquire, and avers the following: 1. Appellant is Brian A. Sanders, who resides at 110 Towanda Street, White Haven, PA 18661. 2. Appellant received Notice dated November 16, 2012, stating that as authorized by Section 1611(8) of the Pennsylvania Vehicle Code, his commercial driving privilege was being suspended for a period of sixty (60), effective December 21, 2012, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Section 1611(8) of the Pennsylvania Vehicle Code requires two (2) serious traffic violations within a three (3) year period in order to suspend a commercial license for a period of sixty (60) days. 4. Appellant does not have two (2) serious traffic violations within the last three (3) yeazs that would warrant a suspension of his commercial driving privileges. 5. The administrative order of the Pennsylvania Department of Transportation suspending his commercial license is therefore improper. /03. '7s ~ ~ ~~~ Cam- /©3 ~~ ~ ~ 2 ~,~ 6. On April 6, 2010, Appellant pled guilty to Disregarding Traffic Lanes cited at 75 Pa.C.S. §3309(1), in Lackawanna County, Pennsylvania. This matter was docketed at MJ-45106- TR-0000784-2010. 7. Section 3309(1) ofthe Pennsylvania Vehicle Code would be a "Serious Traffic Offense" within the meaning of Section 1611(8). 8. However, Appellant filed a timely Summary Appeal in that case, and pled guilty to 75 Pa.C.S. §3111(a) Obedience to Traffic Control Devices. That appeal is docketed in Lackawanna County at CP-35-SA-0000051-2010. 9. Appellant's conviction of 75 Pa.C.S. §3111(a) Obedience to Traffic Control Devices is not a "Serious Traffic Offense" within the meaning of Section 1611(8) of the Pennsylvania Vehicle Code. 10. On November 8, 2012, Appellant pled guilty to 75 Pa.C.S. §3310(a) Following Too Closely, which is a "Serious Traffic Offense" within the meaning of Section 1611(8) of the Pennsylvania Vehicle Code. 11. On November 20, 2012, Appellant timely filed a Summary Appeal for his Section 3310(a) conviction docketed at CP-21-SA-201-2012. 12. Appellant has no other traffic convictions that would be characterized as "Serious Traffic Offenses" within the meaning of Section 1611(8) of the Pennsylvania Vehicle Code. 13. As stated earlier, Appellant's only convictions that would raise disqualification concerns include a previous Lackawanna County conviction that was reduced at summary appeal, and the most recent conviction, which is under summary appeal review. 14. Appellant contends that The Pennsylvania Department of Transportation's suspension of his commercial driving privilege is in error and requests this Honorable Court permit Appellant to retain his commercial driving privileges. WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, DEYO & KULLING Date: November 20, 2012 Robert A. Kulling, Esquire 50 East High Street Carlisle, Pennsylvania 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Appellant ATTORNEY VERIFICATION Robert A. Kulling, states that he is the attorney for Brian A. Sanders, Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document. Dated: ~ ~ - ad+ ~ ~" Robert A. Kulling, Esquire EXHIBIT "A" 20'x -11-1Q__. ~ 1805-RECEIVING P 3/7 COMMONWEALTH OF PENNSYLVANIA pEPARYMENT OF TRANSPDRTATION Bureau of Driver Licensing Harrisburg PA 17123 NOVEMBER 1G, 2012 BRIAN ANTHONY SANDERS WID * 123149283135110 U01 110 TOWANDA ST PROCESSING DATE 11/09/2012 DRIVER LICENSE i 17857571 WHITE HAVEN PA 18661 DATE OF BIRTH 03/08/1957 Dear Motorist: This is an Official Notice of Disqualification of your commercial driving privilege as authorized by Section 1611G 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 adjudication., on 11/08/2012 of 3310, of the Pennsylvania Statutes, FOLLOWING T00 CLOSELY an 10/29/2012. Your commercial driving privilege is disqualified for a period of 60 DAV(S) effective 12/21/2012 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 andior temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comely 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 fiuredu reierriny this r:at~er :n the I'.^,nnsylvar:ia Slate Police fur prosecution under SECTION 1571(a)(G) 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 DLIGLC Form, or a letter acknowletigii~y your sanction is receivQd in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLC•DGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT kECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WSLL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. 2012!11-'l2- _~$~~~~ - 123149283135110 1805-RECEIVING " p 4/7 Please see the enclosed application for restoration fee information. While your commercial driving privilege is dis4ualified, 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 tl~e enclosed application as instructed and return it to the Department. Please be aware that if You elect tv 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 tl~e Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (NOVEMBER 16, 2012) of this notice. You must still send in your license before the effective date of disqualification unless You show the Court that you have a reasonable likelihood of succeeding in the appeal 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 FiARRISBUR6, PA. 17104 Sincerely. Janet L. Dolan, Director Bureau of Driver Licensing BRIAN A. SANDERS, IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA v. No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, DEYO & KULLING _ Date: November 20, 2012 Robert A. Kulling, Esquire 50 East High Street Carlisle, Pennsylvania 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Appellant ./~ ~x BRIAN A. SANDERS, IN THE COURT OF COMMON PLEAS OF Appellant :CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF ~_:: :LICENSE SUSPENSION APPEAL c '~~' - PENNSYLVANIA, ;-~ cz3 ~= ~v~ PENNSYLVANIA DEPARTMENT =` `~' " ~- ~ ~ `-~ -z -ti ` OF TRANSPORTATION "' ~" ~ =, `-~' z.-~ ~, - BUREAU OF DRIVER : "-:; ~ `, .~ c } - LICENSING, r~ ~ , -, : ~ ~,'-= . ,. Appellee ~> !_. ~° __ . ; ~- ORDER OF COURT AND NOW, this a7 day of , 2012, upon consideration of this Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter shall be held on the ~/ ~ day of ~ , ~D~3 , at ~~~ 3~ o'clock , G~_ m. in Courtroom No. ~ Of the Cumberland County Courthouse. 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: Distribution: Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Fioor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 v Robert A. Kulling, Esquire DEYO & KULLING 50 East High Street Carlisle, Pennsylvania 17013 Cw~,~~l~'~~ BRIAN A. SANDERS, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 12-7119 LICENSE SUSPENSION APPEAL PROOF OF SERVICE EXHIBIT "A" ~~ rn~ Cp"' iL' cry !~" _< r~ i-- r:= ~~ . z r~.. ~~ -C ,.. , ~;~ rv ~~ ^ Complete items 1, ?~ and 3. Also complete A~ Signature ~ p`ge"t Item 4 if Restricted Delivery is desired. X ^ Print your name and address on the reverse ~ Addressee so that we can return the card to you. ^ Attach this card to the back of the mailpiece, g. Received by (Printed Name) C. Date of Delivery Qu ;~ ~ ~~ rmits t if th f . space pe e ron or on ddress different from ite li D I d m 1? ^ Yes 1. Article Addressed to: very a . s e ff yES, ~~ delivery address below: ~ No (?~~ce c~' Cln~l~~' Cou~s~ ~ ,Por1~>4+w+ rai s ~~ De PCr~n~tn.~ o F T ~ /~ + i ~ ~ ~' Ut) l/ ~ l {itfl~t' 0~7 (.C. CQr~ 3. Service Type ~ CertHled Meal ~ Express Map -ri5~ f P,a ~1 ~ f~ ~ - 01.5 ~,6 O Registered l~ Return Receipt for MercFrendlse ~ ^ Insured Mall ~j C.O.D. 4. Restricted Delivery? (Ektra Feel ~ Yes 2. Article Number (rransrer i s rye. 7 012 D 4 717 a o a 2 17 5 9 510 7 PS Form 3811, Feb 2004 Domestic Return Receipt tozses-o2-M-teiao r -=,-' .._ ~-~ _ ~: .. ,.~_. a; ;--; r--x ... _, :~ Respectfully submitted, DEYO & KULLING Date: November 28, 2012 Robert A. Ku11ii~Esquire 50 East High Street Carlisle, Pennsylvania 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Appellant