HomeMy WebLinkAbout05-0782
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
APPELLEE
V.
t1P~
No. D5- CIVIL TERM
GERALD K. MORGAN
APPELLANT
NOTICE OF APPEAL OF LICENSE SUSPENSION
1. Appellant, Gerald K. Morgan, is an adult individual who currently resides at 7
Carlton Avenue, Carlisle, Cumberland County, Pennsylvania.
2. Appellee, Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Drivers' Licensing, is a Commonwealth agency with offices in
Harrisburg, Dauphin County Pennsylvania.
3. The appellant was cited on January 13, 2005, Adams County, for allegedly
committing violations of the Vehide Code.
4. On January 20, 2005, Appellant was convicted of 75 Pa. CS. ~3362 ~~A3-15
exceeding the maximum speed limit established by 15 mph in a work zone.
5. By letter dated January 28, 2005, Appellee notified Appellant that his operating
privileges would be suspended for a period of 15 days effective March 4, 2005.
A true and correct copy of said letter is attached as Exhibit A.
6. On February 8, 2005, Appellant filed an Appeal of his conviction of January 20,
2005, to the Court of Common Pleas of Adams County. A copy of the Notice
of Appeal is attached as Exhibit B.
7. It is believed, and therefore averred, that this Court's decision whether to grant
or deny this appeal will be predicated on the result of the Summary Trial yet to
be scheduled before a Judge of the Court of Common Pleas of Adams County.
WHEREFORE, your appellant respectfully requests this Honorable Court to
set a hearing and deny the Commonwealth's request that his license be suspended and
to reinstate his driving privileges supersedeas while this appeal is pending.
Respectfully submitted,
Date:
ABOM & KUTULAKIS
Ro~ert J. aniels, s~~
Attorney 1.0.# 83376
36 South Hanover St.
Carlisle, P A 17013
(717) 249-0900
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JANUARY 28. 2005
GERALD K MORGAN
7 CARLTON AVE
WID * 050219283771954 001
PROCESSING DATE 01/21/2005
DRIVER LICENSE * 13261607
DATE OF BIRTH 10/26/1947
CARLISLE PA 17013
Dear M~. MORGAN:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1535E of the Pennsylvania
Vehicle Code. Section 1535E imposes a mandatory suspension
for certain violations that occur in a Work Zone. As a re-
sult of your 01/20/2005 conviction of violating Section 3362
of the Vehicle Code, EXCEEDING MAXIMUM SPEED. on 01/13/2005:
. Your driving privilege is SUSPENDED fo~ a pe~iod of 15
days effective 03/04/2005 at 12:01 a.m.
. PennDOT is required by law to assign 03 points to your
driving record.
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 inst~uctions ve~y
ca~efully. Even if you have se~ved all the time on the
suspension/~evocationJ we cannot ~esto~e YOu~ d~iving p~iv-
ilege until all the ~equi~ements a~e 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 possession on or before 03/04/2005. You may
surrender these items before. 03/04/2005, for earlier
credit; however. you may not drive after these items are
surrendered.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However, you may apply for and obtain a photo
identification card at any Driver License Center for a cost
of $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.
050219283771954
You will not ~eceive c~edit towa~d se~ving any suspension
until we ~eceive you~ license(s). Complete the following
steps to acknowledge this suspension.
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 nota-
rized letter stating yoU are aware of the suspension of
your driving privilege. You mOst specify in your le~ter
why you are unable to return your driver I s license.
Remember: You may not retain your driver's license for
identification purposes. Please send these items to:
PennsYlvania Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your Pennsylvania
driver's license(s), learner's permit(s), and/or a sworn
notarized letter, PennDoT will send you a receipt con-
firming the date that credit began. If you do not re-
ceive a receipt from us, please contact our office.
Otherwise, you will not be given credit toward serving
this suspen3ion. PennDoT phone numbers are listed at
the end of this letter.
3. 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 157lCa) (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.
050219283771954
PROVIDING PROOF OF INSURANCE
You must provide proof of insurance to PENNDOT to be re-
stored. Please provide a COpy of one of the following to
show that all motor vehicles registered in your name are
insured.
*Insurance 10 card
*Declaration page of your insurance policy
*Insurance Binder
*An application of insurance
to the PA Auto Insurance Plan
If you do not own a motor vehicle currently registered in
PennsYlvania, send a signed statement of this fact to
PENNDOT which reads "I do not own anY motor vehicles cur-
rentlY registered in Pennsylvania". Please include your
name, address, driver's license number and date of birth on
the statement.
Important: Please make sure that PennDOT is notified if you
move from your current address. You may notify PennDDT of
your address change bY calling any of the phone numbers
listed at the end of this letter.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JANUARY 28. 2005, of this letter. If you file an ap-
peal in the County Court, the Court will give you a time-
stamped certified copy of the appeal. In order for your
appeal to be valid, you must send this time-stamped certi-
fied COpy of the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
~arrisburg, PA 17104-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current PennsYlvania driver license products
to PennDOT by 03/04/2005.
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CLERK OF COURTS
USA K. GRUBBS
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ADAMS COC"TY COL'RTffm;SE
8:00 a.m. to 4:30 p.m.
GETTYSBURCi.I'A \7325
717-337-9806
February 9, :2005
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MARK D BEAUCHA T
2267 FAIRFIELD ROAD
GETTYSBURG 'p A 17325
IN RE: Summary Appeal
GERALD K MORGAN
DEAR DISTRICT JUSTICE:
On FEBRUARY 8, 2005 an appeal to your decision was filed in the above-mentioned
case, of which we are enclosing a copy of the appeal. We are also sending a copy of the
appeal to the affiant,
PATROLMAN RYAN E EIKER, CARROLL VALLEY BOROUGH POLlCE
5685 FAIRFIELD ROAD, FAIRFIELD, PA 17320
Accordingly, under Rule 460 of Rules of Criminal Procedure, the Clerk of Court requests
you file a transcript within 20 days, along with a record of any fines and costs already
collected from the defendant.
Thank you for your cooperation.
Sincerely,
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Deputy Clerk of Courts
My Commission Expires on the
CERT MAIL-DJ BEAUCHAT-7004 1160000089530309 First Monday In ,jaml<\l'y' 2006
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DEFENDANT
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CERTIFICATE OF SERVICE
I, Robert J. Daniels, hereby certify that I served a copy of the within Notice of
Appeal upon the Appellee, by mailing a copy of said Notice by certified mail
addressed as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Dated: z./"/oS"
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050219283771954
Sincerely,
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Rebecca L. Bickley, Director
Bureau of Driver Licensing
IN STATE
OUT-OF-STATE
WEB SITE ADDRESS
INFORMATION 7:00 a.m. to 9:00 p.m.
1-800-932-4600 TDD IN STATE
717-391-6190 TDD OUT-OF-STATE
www.dmv.state.pa.us
1-800-228-0676
717-391-6191
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COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
APPELLEE
V.
GERALD K. MORGAN
APpELLANT
ORDER
~
FES 1 4 2005~
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
A("-1'(~
No. v-' CIVIL TERI\1
AND NOW, thiso<gtf day of :idwd.!J' 2005, upon consideration of the
Appellant's Notice of Appeal, a hearing is set for the fAK.. day of(~fto?l.L- ,2005',
(/
at .? ; tJ?) ~PM, in Courtroom # .:t...., Cumberland County Courthouse.
AND NOW, Appellee is hereby ordered to reinstate Appellant's driving
privilege supersedeas pursuant to 75 Pa. C.S. ~1550(b) pending said hearing.
ff/l
0'6hn A. Abom, Esquire
36 S. Hanover Street
Carlisle, PA 17013
~nsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
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COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVERS' LICENSING,
APPELLEE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 05-782
CIVIL
GERALD MORGAN,
APPELLANT
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY OF SAID COURT:
Kindly withdraw the LICENSE SUSPENSION APPEAL in the above-captioned action
with prejudice. A license Suspension Appeal Hearing is scheduled to occur on June 1, 2005.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
DATE: Mi\Y25,2005
'2~\\\A
RobertJ. Daniels, Es~e
Attorney ID# 83376
36 S. Hanover Street
Carlisle, P A 17013
(717) 249-0900
.
CERTIFICATE OF SERVICE
AND NOW, this ? ') day of May, 2005, I, Robert J. Daniels, Esquire, hereby
certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw and
Discontinue, upon all counsel of record by depositing, or causing to be deposited, same in
the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
By First-Class Mail:
PennDOT
Office of Chief Counsel
3,J Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Honorable Kevin Hess
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
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