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HomeMy WebLinkAbout05-3933 TROY H. LITTEN, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3'133 ~Tu-. Petitioner COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL Petitioner, Troy H. Litten, by his attorneys, Broujos & Gilroy, P.c., sets forth the following: 1. Petitioner is Troy H. Litten, an adult individual residing at 14 North Steeplechase Road, Gettysburg, Pennsylvania. 2. On June 6, 2005, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges effective October 25, 2005. A copy of the Suspension Notice is attached hereto and marked as "Exhibit A". 3. The Order suspending Defendant's license is illegal, arbitrary, unreasonable and an abusive discretion and contrary to law. 4. Petitioner seeks a de novo hearing to determine whether the license suspension is appropriate. 5. Petitioner has filed an Appeal to the underlying summary offense which is the basis for this license suspension, and the Cumberland County Court has authorized the filing of said Appeal nunc pro tunc. A copy of Defendant's Appeal is attached hereto and marked as "Exhibit B" and a copy of the Court Order allowing the filing of said Appeal Nunc Pro Tunc is attached hereto and marked as "Exhibit C". WHEREFORE, Petitioner requests a hearing be set to address the issues raised in this Petition. Date: July 29, 2005 Respectfully submitted, bert X. Gilr Broujos & Gilro ,P.c. Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 13, 2005 TROY HAMPTON LITTEN 14 N STEEPLECHASE RD GETTYSBURG PA 17325 WID. 051576122589570 001 PROCESSING DATE 06/06/2005 DRIVER LICENSE t 27244931 DATE OF BIRTH 09/03/1985 LICENSE IN BUREAU Dear MR. LITTEN: As a result of your violation on 04/24/2005 of violating Section 6308 (offenses related to alcohol>. your driving privilege is being SUSPENDED for a period of 2 YEAR(S) as mandated by section 1532D of the vehicle code. The effective date of suspension is 10/25/2005, 12:01 a.m. This suspension is in addition to any other suspensions al- readY on your record. PROVIDING PROOF OF INSURANCE Wi thin the last 30 days of your suspension/revocation. we will se~d YOU a letter asking that you provide proof of in- surance 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 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 13, 2005, of this letter. If you file an appeal in the County Cou~t, the Cou~t will give you a time-stamped ce~tified copy of the appeal. In order for your appeal to be valid, yoU must send this time-stamped 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 EXHIBIT ,; Jl B A 051576122589570 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TOO OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us t*., .'. . . . -, " . . " '.,- . ,,"'.,. ',' ,- " IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of District Justice: Name and Address of Defendant: 'X !,'{'- : Lv" ~_r'_'! ,,1 !-. .~~;, ~'e l'''i ,,~ '~r.C'i.,.~t;'(\;l ~: ;,\1;,(,; .;;<; ~ r II':' ,.\..' t' "('f: ;,;4 t. ',- \"'l ~:,1, ~ '~1 'i'; ,\ Zip J'73... '."~ppf'- <r.hHr~') t~. Zip 1 '7 .-:~: . (,) Signature Magisterial District No. ,\<', j..n! Decision of District Justice: I;}'~ ill'" ~t Date of Decision :.'4 l /CJ,:'~ Offense(s) Appealed 1.? I' .. ~;: f,.1(: I' Name and mailing address of officer as shown on citation If sentence includes fine and costs, amount of which paid: or complaint ;,re'"'[1.."'-r ~';ICw~'. ~'('jtit'. $ log}',.. 51~; ;!~:1"~;; iV,.;'l.,'j: :'~t.~':t~~ r(,itl't~ Type or amount of bail furnished to District Justice, if any: l:".F: (:i.""".;t'~;,:'(-e :~\'t~:.Uii.'~ '::,r:'.'l;'.;:et 1';" t7t;i.~; Name and Address of Attorney: (signature) District Justice Docket No. ::1-(,[,01',4 ]t--c:; (print name) ~;tH,..:t \.- I.. ~ FJ'\ ".'~'!~ ..~t 1.;~....t (.:.i t;". 'f"... (,! " J' . r ' Citation No.' ".'. j,,'" (address) (:;:;1' I ':l~, h 1 7.-) 13 Zip ;"i", '(1",",\, Atty.I.D.#'" .' ."Co Phone: ~' 17- 1..J..t.~~il NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. .,;.,,,- . ~<>"""" I hereby certify that an appeal had been filed in the above captioned'-l;Jlatter. . ,v \~ " '",\' \.- " , EXHIBIT - ~.i- ,'" ~ \\\\\? ....~)I;,.. " :Ii j B " .,~ .. ""CLE~K OF COURTS WHITE - Clerk of Courts GREEN - Affiant's Cony YELLOW - District lustice PINK - District Attornev GOLD - Defendilnt ~ECEIVED AUG 032005 I-;; TROY H. LITTEN, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2005- 3933 ~-r;:.. Petitioner COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this?j1:A I day of ..BU&./.A..-'-' , 2005, upon consideration of the foregoing Petition For Appeal from an order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of his operating privileges. This Appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on June 5, 2005. A hearing is scheduled in Court Room No. 5...- of the Cumberland County Courthouse onthe.l~~bayof 0 ci;,/,OC ,2005 at 9:ddA.m. Petitioner's Counsel is directed to serve a copy of the attached Petition and this Order on the appropriate offices at the Pennsylvania Department of Transportation. Judge Cc: bert X. Gilroy, Esquire Department of Transportation ~. . ~O~ tb o \iiN'v'fllASNN3d A1NnCO (1I.r,r"H=<81Nfl:) 22 :01 WV B- ~nY SOOl Ai:lVlONOH10'dd 3H1 :10 30liio-a:nI::l vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (;I'~/~ /11./J- C/;Jr ,1{1tJ j NO. 2005 MISCELLANEOUS v COMMONWEALTH OF PENNSYLVANIA, : Plaintiff Defendant APPEAL FROM DRIVER'S LICENSE SUSPENSION TROY H. LITTEN, COURT ORDER AND NOW, this ~ay of JU l Lj. ,2005, upon consideration of the attached Petition and upon concurrence of ~tnct Attorney, Defendant, Troy H. LItten, is allowed to file Nunc Pro Tunc an Appeal from Summary Criminal Conviction for his guilty plea of May 24, 2005. The Cumberland County Clerk of Courts is authorized to accept the filing of this Appeal upon the payment of the appropriate costs and filing of the appropriate documentation. BY THE COURT, pard {; Guido u ge EXHIBIT A TRUE COPY FROM RECOr1D In Testimony whereof, ! h8n~ uiltn set :r11' !1'1: d and tl1 :mOf said our a1 Cald~__j:e, i'A. day of ,2016 , ,1.-' -' Cc: Hubert X. Gilroy, Esquire David Freed, Esquire el: i ~0ri;';~, J c ~, () c.:'" .. -,., C~1 .-, ~ ir7! , .1,- "'- ~ ~ ] .. -- -- '- - -- -- " 'i} "" "'" -" -- " "." -.,.) -- --< --.) '" -l (r, ('-> C ~ V, "'- C ~ TROY H. LITTEN, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - .3933 C4.JTl-<-- Petitioner COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL Petitioner, Troy H. Litten, by his attorneys, Broujos & Gilroy, P.c., sets forth the following: 1. Petitioner is Troy H. Litten, an adult individual residing at 14 North Steeplechase Road, Gettysburg, Pennsylvania. 2. On June 6, 2005, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges effective October 25, 2005. A copy of the Suspension Notice is attached hereto and marked as "Exhibit A". 3. The Order suspending Defendant's license is illegal, arbitrary, unreasonable and an abusive discretion and contrary to law. 4. Petitioner seeks a de novo hearing to determine whether the license suspension is appropriate. 5. Petitioner has filed an Appeal to the underlying summary offense which is the basis for this license suspension, and the Cumberland County Court has authorized the filing of said Appeal nunc pro tunc. A copy of Defendant's Appeal is attached hereto and marked as "Exhibit B" and a copy of the Court Order allowing the filing of said Appeal Nunc Pro Tunc is attached hereto and marked as "Exhibit C". WHEREFORE, Petitioner requests a hearing be set to address the issues raised in this Petition. Date: July 29, 2005 Respectfully submitted, Es ire Broujos & Gilro ,P.c. Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 13, 2005 TROY HAMPTON LITTEN 14 N STEEPLECHASE RD WID * 051576122589570 001 PROCESSING DATE 06/06/2005 DRIVER LICENSE t 27244931 DATE OF BIRTH 09/03/1985 GETTYSBURG PA 17325 LICENSE IN BUREAU Dear MR. LITTEN: As a result of Your violation on 04/24/2005 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 2 YEAR(S) as mandated by section 15320 of the vehicle code, The e~~ective date o~ suspension is 10/25/2005, 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record, 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 will list acceptable documents and what will be needed if YOU do not own a vehicle registered in PennsYlvania. IMPORTANT: Please make sure that PennDOT is notified if YOU move from your current address. You may notify PennDOT of your address chanlle 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, JUNE 13, 2005, of this letter. I~ yoU ~ile an appeal in the county cou~t, the Cou~t will give yOU a time-stamped ce~tified copy o~ the appeal. In order for Your appeal to be valid, yoU must send this time-stamped 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 EXHIBIT ~ D 3 A 051576122589570 Remembe~, this is an OFFICIA~ NOTICE OF SUSPENSION. Since~ely, ~~.~ Rebecca L. Bickley, Di~ecto~ Bu~eau of D~ive~ 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 '* IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of District Justice: Name and Address of Defendant: 1 ((" ~ t..f" . : ~" ,~~ ! t 1 j-. f.:> -; f <,!' 14 '. (-'Pi' ': t'C~;l f;' ~' ~)', .. ~Ir:: it" ('~i i.~4t~\':"~~1);',l" ',> Zip J '73... ppf':,r ~l:.r \') Zip l --; _~~. - f, -~ t, J Signature Magisterial District No. n{'~-. <',.J\t Decision of District Justice: t;U '~, ;;' ::' Date of Decision . ,-~" ,: t\(~; ~ Offense(s) Appealed !.c t, ::. ~;, t~JL~ Name and mailing address of officer as shown on citation If sentence includes fine and costs, amount of which paid: or complaint i'rc',I,JC r ~ h{;~:. \,'r<t" t:< $ 19f~.. ~'V ~'t., 1 , 1\',,'-}'): :)t.ct~~ r,li.t,,~ Type or amount of bail furnished to DistrictJustice, if any: lY3 ('":"'it!:'ce ':"ltt-,~iJ.t; ~ ('-;r'.; ie, f,~,. tiel:: Name and Address of Attorney: (signature) (print name) ~:r.ft,i~ ~t '. ~.:., \ i,' \' i. :. "JT '~.f",,7' :~ l '?'t:f' (" District Justice Docket No. ::J-(:[,[,['4/;"--<-:; f' '}' '''? i Citation No. . -",. .0.. -'. (address) C{:}'l! 1,\~ r :';; 1701.'1 Zip Atty.I.D.# t'i\ "I:ljJ:{ :~. Phone: '/ 17-' /-t.j-,-l.~,71. NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing CDPy of the appeal for your use in requesting a delay in that suspension. \~..." ;,' '- .\. ~.. . ., .'" .... . , I hereby certify that an appeal had been filed in the abpve captioned'~atter. " ','j , \, " ~ d \'\\\% .....~)'\.r-~ '., ..., EXHIBIT j D S B -.'.. '."r:lE~K OF COURTS ., . WHITE - Clerk of Courts GREEN - AffiJnt's CODY YEllOW - District lustice PINK - District Attornev GOLD - Defen(l1nt vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C,P~/'--111f)- c/,l7- ,1(i~ j NO. 2005 MISCELLANEOUS v COMMONWEALTH OF PENNSYLVANIA, : Plaintiff Defendant APPEAL FROM DRIVER'S LICENSE SUSPENSION TROY H. LITTEN, COURT ORDER AND NOW, this ~ay of JU l!1 ,2005, upon consideration of the attached Petition and upon concurrence of the ~strict Attorney, Defendant, Troy H. Litten, is allowed to file Nunc Pro Tunc an Appeal from Summary Criminal Conviction for his guilty plea of May 24, 2005. The Cumberland County Clerk of Courts is authorized to accept the filing of this Appeal upon the payment of the appropriate costs and filing of the appropriate documentation. BY THE COURT, ~ard {; Guido u ge Cc: Hubert X. Gilroy, Esquire David Freed, Esquire A TRUE COPY FROM RECORD EXHIBIT -> L:i;' .' ,~; l" I i c . C) ,..., () '--_:"} , , .... CJ' --I ~ -] ,n ~., - ~ r ] -;, - - -- - -- " ~ "" <><) " -- --. '" --.i '" --.I Ir, (',) c \"' ~, '- c ~ TROY H. LITTEN, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2005-3933 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent : APPEAL FROM DRIVER'S LICENSE : SUSPENSION COURT ORDER AND NOW, this ~J day of Se:005, upon request of the Petitioner in the above matter and it being relayed to the Conrt that the Respondent does not object, the hearing scheduled for October 3, 2005 is cancelled and rescheduled to be ~~d in Court Room No. 5 of the Cumberland County Courthouse on the ~f ~, 2005 at L-~ ~~. Judge Edward E. Guido cc.J(ubert X. Gilroy, Esquire ~rge H. Kabusk, Esquire - Office of the Chief Counsel (penn-DOT) LS : II H';J 11- j:JO ~DD2 l'tJ''./' l"'\')" ",,',',j ::C'Hl :10 ^ ..:...', j\...-, ,.~ .1"'",. ..ll JJI:UO-(J3llj JOHN H. BROUJOS HUBERT X. GILROY BROUJOS & GILROY, P. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos@broujosgilroy.com hgilroy@broujosgilroy.com ?-r September ~ 2005 NON-ToLL FOR HARRISBURG AREA 717-766-1690 Judge Edward E. Guido Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 RE: Litton v Penn-DOT Dear Judge Guido: A hearing in the above matter is scheduled before you on Monday, October 3"', at 9:00 a.m. This case is an Appeal from a License Suspension. The underlying Summary Appeal is scheduled for hearing before Judge Bailey on Tuesday, October 25th. I am hopeful that the hearing on the underlying Appeal from the Summary Offense will resolve itself in such a fashion that the attorney for Penn- DOT and I can work things out in order to cancel any hearing on the License Suspension itself. In any event, it appears that we should have the hearing on the License Suspension postponed until after the Court rules on the Appeal ofthe underlying Summary Conviction. I ask that the October 3rd hearing be rescheduled, and I enclose a proposed Order consistent with that request. I have spoken to counsel for Penn-DOT, and they have no objection to my request. srb cc: George H. Kabusk, Esquire TROY H. LITTEN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2005 - 3933 COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM DRIVER'S LICENSE SUSPENSION PRAECIPE TO THE PROTHONOTARY: Please withdraw the above captioned Appeal and mark the matter "Discontinued". Date: December 5, 2005 , ---' "1)