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HomeMy WebLinkAbout05-4561 o.r -.LjS'~ I C~lL Y0L; kQ~~ ~Q(~ petitioner I ) ) ) v. )_ COMMONWEALTH OF PENNSYLVANIA, ) DEPARTMENT OF ) TRANSPORTATION, ) Respondent ) ~~~~~r ~~S\<Y\ ~ ~~LI\jU(0f\5rL- IN THE COURT OF COMMON PLEAS OF ~ COUNTY petitioC)er~.~ 1tb\~eR , by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. ~ 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: is an adult individual residing at ~2>1 , Pennsy vania. 2. Petitioner currently possesses a valid driver's license issued to him on ^r,)-, z::; I Qq r\ (date), which has not heretofore been suspended, cancelled, or revoked. ~ 3. By ietter dated A t':", petitioner was notified in writing the Department of Transportation of the entry of order suspending his driver's license (or operating privilege) for the following reasons as set forth in the notice (or ordel): i ,:::>'-\~ A (e.g., refusal to submit to chemical testing upon arrest for driving while under the influence of alcohol or a controlled substance; or accumulation of points). A copy of the notice (or ordel) is attached as Exhibit "A." 4. The suspension is improper and unlawful for the following reasons: (e.g., the arresting officer lacked reasonable grounds to believe that petitioner had been driving while under the influence of alcohol; or the arresting officer failed to inform the petitioner that his operating privilege would be suspended upon refusal to submit to chemical testing; or the petitioner's temporary inability to make a decision whether or not to submit to chemical testing at the time did not constitute a refusal, when petitioner ultimately consented to testing; the Department of Transportation failed to give timely notice of suspension as a result of the accumulation of points in accordance with 75 Pa. Cons. Stat. Ann. ~ 1551; etc.) WHEREFORE, petitioner respect1ully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. ~ 1550 and that the order of the Department of Transportation be set aside. A01W'!11,jK-7' ~vd L- ~/J-/O,~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 17, 2005 KARON TVA WALLACE 326 S 14TH ST HARRISBURG PA 17104 WID. 052229283759329 001 PROCESSING DATE 08/10/2005 DRIVER LICENSE. 26156230 DATE OF BIRTH 02/26/1981 LICENSE IN BUREAU Dear MR. WALLACE: This is an Official Notice of the Suspension of YOUr Driving Privilege as authorized by Section 1543 of the PennsYlvania Vehicle Code. As a result of your 08/09/2005 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on OS/28/2005: . Your driving privilege is SUSPENDED for a periOd of 1 YEARlS) effective 08/17/2005 at 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 s~e.nd_y()u 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBZllLAIID RECEIPT OF PAYMENT Mag. Dist. No' 09-1-02 COMMONWEALTH OF PENNSYLVANIA MDJ Name: Hon ROBZRT V. JlAJllLOVB Addeo" 1901 STATZ ST CAMP BJ:LL, PA T"'phOO' (717) 761-0583 17011-0000 vs. DEFENDANT: NAME and ADDRESS 'wALLACZ, ltAJitOIf 326 S 14TH ST BARIlJ:SBOIlG. PA 17104 L Docket No.: TR-0002591-05 Date Filed: 6/10/05 --, ...J . ltAJitOIf WALLACZ 326 S 14TH ST BARIlJ:SBOIlG. PA 17104 RECEIPT NO: SOURCE: PAJ:D METHOD: PAJ:D CHECK#: 146859 BY IlAXL BY CASB PRJ:V SUSP OR IlBVOKED (Charge) DATE: 8/09/05 AMOUNT RECEIVED: AMOUNT APPLIED: COLLATERAL APPLIED: CHANGE: PAGE: $ $ $ $ 1 250.00 250.00 .00 .00 S 75 11543 IIA DRXV NBXLZ OPBR MANUAL RECEIPT#: CITATION# B1490587-0 COSTS INCLUDED ON: NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYMEBT DZSCRXPTXOIf BALDCZ FWD ANT APPLXBD C1JJWDIT BAL EMERGENCY MEDICAL SERVICE MEDICAL CARE AVAIL. JUDICIAL COMPUTER PROJECT ACCESS TO JUSTICE STATE FINE MUNICIPAL FINE 101 10.00 30.00 8.50 1. 50 100.00 100.00 10.00- 30.00- 8.50- 1.50- 100.00- 100.00- .00 .00 .00 .00 .00 .00 -------------- -------------- -------------- -------------- -------------- -------------- TOTAL 250.00 250.00- .00 CURRENT BALANCE DUE .00 RECVD FROM WALLACE, KARON R DATZ PRJ:IlITBD: AOPC 450.99 8/09/05 13:24:04 PH COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ctJMBBRLAlIID DL-38 Mag. Disl. No' 09-1-02 COMMONWEALTH OF MDJ Name: Hon ROBBRT V. MAlILOVB Add"" 1901 STATB ST CAMP BILL, PA PENNSYLVANIA T",phoce (717) 761-0583 17011-0000 VS. DEFENDANT: NAME and ADDRESS 'wALLACB, ltAROlll 326 S 14TB ST HARRISBURG, PA 17104 L Docket No.: TIit-0002591-05 Date Filed: 6/10/05 ., -.J . ltAROlll WALLACB 326 S 14TB ST HARRISBURG, PA 17104 RECEIPT OF RESPONSE TO CITATION/SUMMONS DATE OF RESPONSE MM/DDIVY ~ CITATION NO. DATE OF VIOLATION LOCATION OF VIOLATION B1490587-0 5/28/05 HAGARO DRIVERS LICENSE NUMBER STATE 26156230 PA CHARGE, SECTION AND SUBSECTION VIOLATED S 75 11543 IIA DATE OF BI RTH 2/26/81 LAST NAME WALLACB STREET ADDRESS 326 S 14TB ST CITY HARRISBURG FIRST NAME ltAROlll MI SEX M STATE PA REGISTRATION NO. ''C'......1..:t ("I~lt:'b~ I!'JW8246 . 0 _- --., ".', PA .'.:.;'."/ - - ~~, r : .) <: ~J\\.. '. ~ ~ "-. \,.", I ~~ ,:;~....... SE. AI ./ ..t>'" ~..l.,,,....':""__~.....,, ,.,~, 0""'('('\'"" ~ {j9-l..~l This RECEIPT DOES HORIZE YOU TO DRIVE. If you are currently under suspension you are not permitted to drive until you are notified by Penn DOT, or the state in which you are licensed, that your driving privilege has been restored. In addition, if you respond to the citation/summons on or after the effective date of your suspension, you will be required to pay a restoration fee. STATE YEAR 2005 MAKE CBBV ZIP CODE 17104 MODEL COUPB SI~;;f!J1;7J!t:J;:;09/05 NOTE: Please be aware that payment of fines and costs for a motor vehicle violation is a plea of guilty and may result in additional action by PennDOT, or the state in which you are licensed. Depending on the type of violation, points may be assigned or an additional suspension may be imposed. If you are an out of state resident. all convictions will be reported to your home state. If you do not know the status of your PA driving privilege or require further assistance. please contact one of the numbers listed during the hours of 7:00 a.m. until 9:00 p.m. In-state 1-800-932-4600 Out-of-state 717-391-6190 BLBCTROlllIC TRARSMISSIOlll DATB TDD In-state TDD Out-state 8/09/05 1-800-228-0676 717-391-6191 TIME 13:23:00 DATB PRINTED: 8/09/05 1:23:04 PM AOPC 638C-05 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING. P.O. BOX 68693. HARRISBURG. PA 17106-0037 IF THE DRIVER IS FROM OUT OF STATE OR NO OPERATOR NUMBER WAS INCLUDED ON THE CITATION. p ~ 0 ....> ~ = if) c = t 7:-'" c.n ~ (l (/J .... ...,.. p-' f-: -, :=J ~.\) , r- I -or'll ~ c;)Cl IV ("" 1 ----\C) ~) -.--" ~ ;;~:u =!: :.~..;C) ~ W Or'n ..."~ ",-'-- ;l?; --1 a :~ r- -< (,]1 -cJ =R ~ KARON WALLACE, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 05-4561 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of September, 2005, upon consideration of Petitioner's "Petition for Suspension Ref Driving License," and it being unclear whether the person who filed the petition on behalf of Petitioner, Terry Spradley, is an attorney and what the grounds for the appeal are, it is ordered and directed as follows: I. Within 20 days of the date of this order Petitioner shall file in the prothonotary's office a supplement to the petition containing a statement as to the grounds for the appeal and a verification, signed by Petitioner, verifying the contents of the petition as supplemented; 2. Within 20 days of the date of this order Terry Spradley shall file in the prothonotary's office evidence of his or her entitlement to practice law in the Commonwealth in the form of his or her Attorney's Number; and 3. In the event that either paragraph I or paragraph 2 of this order are not complied with in the said 20-day period, Petitioner's petition shall be deemed automatically dismissed without further order of court; if both paragraphs are complied with, a hearing on Petitioner's petition will be held on - I'" . C:[i:":7 ~ '..'....'.. : ',j.' :j I I,.. .... ".~ I) ! -'r., -,-.; Thursday, December 22, 2005, at 1 :30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, George Kabusk, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office C 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent Terry Spradley 700 N. 16th Street Apt. 2 Harrisburg, PA 17103 Karon Wallace th 326 S. 14 Street Harrisburg, P A 17104 ~ ~s Jl:> Ex KARON WALLACE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. DOCKET NO. 05-4561 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendants. SUPPLEMENT TO THE PETITION FOR SUSPENSION REF DRIVING LICENSE Petitioner Karon 1. Wallace, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. 9 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: I. Petitioner Karon Wallace originally filed this Petition on September 2, 2005, requesting that an Order of the Pennsylvania Department of Transportation be set aside. 2. On September 13, 2005 this Court issued an Order directing that supplemental information be submitted in support ofthis Petition, along with proof of the admission of Petitioner's representative into the Bar of Pennsylvania. 3. Petitioner Karon T. Wallace is an adult individual residing at 326 S. 14th Street, Harrisburg, Pennsylvania. 4. Petitioner currently possesses a valid driver's license issued to him on October 5, 1998, which has not heretofore been suspended, cancelled, or revoked. 5. By letter dated August 12,2005, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his driver's licensee or operating privilege) for the following reasons as set forth in the notice: 1543A. A copy of the notice is attached as Exhibit "A." 6. The suspension is improper and unlawful for the following reasons: Petitioner's driver's license was previously suspended. At the expiration of that period of suspension, Petitioner was eligible for reinstatement of his license with the payment of a twenty-five dollar ($25) restoration fee. After the expiration of the initial suspension period, and before his payment of the $25.00 fee, Petitioner was ticketed for driving without a valid license and his license was again suspended. Notwithstanding "personal reasons" for which Petitioner was driving on this single occasion without a valid license, Petitioner acknowledges that his driving before payment of the restoration fee and after suspension was improper. However, Petitioner hereby appeals the decision to suspend his license on the grounds that the penalty is inappropriate for the infraction that he has committed. WHEREFORE, Petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. S 1550 and that the order of the Department of Transportation be set aside. Respectfully Submitted, y~/}nAYIt; i ,/~~ Renardo 1. Hicks, Esquire Anderson, Gulotta & Hicks, PC 121 State Street Harrisburg, PA 17101 Attorney J.D. No. 40404 Tel: 717-541-1194 Fax: 717-635-713 I Counsel for Plaintiff Karon T. Wallace. Dated: September 30, 2005. 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KARON T. WALLACE, PlaintifflPetitioner NO. 05-4561 CIVIL TERM v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendants/Respondents PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Please enter my appearance in the above referenced matter on behalf of Defendants. DATED: September 30, 2005. ICe. tl{;u/10 I.. /!c-(: ~ Renardo 1. Hicks, Esquire Anderson, Gulotta & Hicks, PC 121 State Street Harrisburg, PA 17101 Attorney I.D. No. 40404 Tel: 717-541-1194 Fax: 717-635-7131 For: Karon T. Wallace VERIFICATION I, Karon T. Wallace, hereby certify that the statements in the foregoing COMPLAINT IN CIVIL ACTION are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. Dated: 9-3CJ-O~ ~ Karon T. Wallace. --a~? ---.. CERTIFICATE OF SERVICE I certify that on this!J:...day of September, 2005, I caused a copy of the foregoing pleading to be served by first class U.S. mail, postage prepaid and properly addressed, to the following: George Kabusk, Esq. Office of Chief Counsel P A Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 ~&'~ l. tk/t0 Renardo L. Hicks Anderson, Gulotta & Hicks, P.C. b')(~i bit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 17, 2005 KARON TVA WALLACE 326 S 14TH ST HARRISBURG PA 17104 WID I 052229283759329 001 PROCESSING DATE 08/10/2005 DRIYER LICENSE I 26156230 DATE OF BIRTH 02/26/1981 LICENSE IN BUREAU Dear MR. WALLACE: This is an O~~icia1 Notice o~ the suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 08/09/2005 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on OS/28/2005: . Your driving privilege is SUSPENDED ~or a period o~ 1 YEARCS) e~~ective 08/17/2005 at 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 wil}__ send YOU a letter asking t.h!!t you pr:9vide 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. .,' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 07/14/05 KARON TYA WALLACE 326 S 14TH ST DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 26156230 02/26/81 08/13/05 HARRISBURG PA 17104 Dear MR. WALLACE : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. OnlY after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of anY other dates listed within this letter. Please read the following information carefullY and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. PROOF OF INSURANCE -Within 30 days of your ELIGIBILITY DATE. provide a copy of one of the following to PENNDOT to show that all motor vehicles currer.tly registered in Pennsylvania in your name are insured: *Insurance ID 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 currentlY registered in PennsYlvania". Please include your name. address, driver's license number and date of birth on the statement. 1 LICENSE NO. 26156230 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated. return anY documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents YOU send to PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 08/13/05. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TOO OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COHBERLAND DL-38 Mag. Dist. No.: 09-1-02 COMMONWEALTH OF PENNSYLVANIA MDJ Name: HOn. ROBERT V. MAlI1LOVE Add"" 1901 STATE ST CAMP BILL, PA T~.phon.' (717) 761-0583 17011-0000 . VS. DEFENDANT: NAME anti ADDRESS 'wALLACE, ][AROJl 326 S 14TH ST HARRISBURG, PA 17104 L Docket No.: TR-0002591- 05 Date Filed: 6/10/05 --, .J a~_ ~ ][AROJl WALLACB 326 S 14TH ST HARRISBURG, PA 17104 RECEIPT OF RESPONSE TO CITATION/SUMMONS DATE OF RESPONSE MMlDDIYY ~ STATE PA FIRST NAME ][AR()JI CHARGE, SECTION AND SUBSECTION VIOLATED S 75 11543 IIA DATE OF BIRTH 2/26/81 CITATION NO. Bl490587-0 DRIVERS LICENSE NUMBER 26156230 LAST NAME WALLACE STREET ADDRESS 326 S 14TH ST CITY HARRISBURG REGISTRATION NO. PJW8246 DATE OF VIOLATION LOCATION OF VIOLATION 5/28/05 KAGARO MI SEX M "I ~. . .~ \..;,; . SE )JP "'>iiiDltl~ 6"'.,,"'l This RECEIPT DOES HORIZE YOU TO DRIVE. If you are currently under suspension you are not permitted to drive until you are notified by Penn DOT, or the state in which you are licensed, that your driving privilege has been restored. In addition, IT you respond to the citation/summons on or after the effective date of your suspension, you will be required to pay a restoration fee. STATE PA STATE YEAR PA 2005 MAKE CBBV ZIP CODE 17104 MODEL COUPB SI~?Y/It:~~A:;09/05 NOTE: Please be aware that payment of fines and costs for a motor vehicle violation is a plea of guilty and may result in additional action by PennDOT, or the state in which you are licensed. Depending on the type of violation, points may be assigned or an additional suspension may be imposed. If you are an out of state resident, all convictions will be reported to your home stale. If you do not know the status of your PA driving privilege or require further assistance, please contact one of the numbers listed during the hours of 7:00 a.m. until 9:00 p.m. In-state 1-800-932-4600 Out-ol-state 717-391-6190 BLBCTROJll'I:C TRAJlI'SMISSIOJl DATE TDD In-state TDD Out-state 8/09/0S 1-800-228-0676 717-391-6191 TIME 13:23:00 DATB PRIJlI'TBD: 8/09/0S 1:23:04 PM AOPC 638C-05 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING. P.O. BOX 68693. HARRISBURG, PA 17106-0037 IF THE DRiVER is FROM OUT OF STATE OR NO OPERATOR NUMBER WAS INCLUDED ON THE CITATION. ,It. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ctJHBERLAJID RECEIPT OF PAYMENT. Mag. Dis!. No.: 09-1-02 COMMONWEALTH OF PENNSYLVANIA MDJ Name: Hon. ROBBRT V. MAlIILOVB Add..." 1901 STATE ST CUP HILL, PA T.,epI>on. (717) 761-0583 17011-0000 VS. DEFENDANT: NAME and ADDRESS IimLLACE, EAKOR 326 S un ST HARRISBURG, PA 17104 L Docket No.: TIl-0002591-05 Date Filed: 6/10/05 --, .J . EAKOR WALLACE 326 S un ST HARRISBURG, PA 17104 S 75 11543 IIA DRI:V _ILB OPD. PRI:V SUSP OR RBVOKlm (CI1arge) DATE: 8/09/05 AMOUNT RECEIVED: AMOUNT APPLIED: COLLATERAl. APPLIED: CHANGE: RECEIPT NO: SOURCE: PAI:D METHOD: PUD CHECK.: 146859 BY JlAI:L BY CASH PAGE: $ $ $ $ 1 250.00 250.00 .00 .00 MANUAL RECEIPT': CtTATION.: B1490587-0 COSTS INCLUDED ON: NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYKBBT DBSCRIPTIOR BALAJIl'CB nm Aft APPLIED C1JUBIIT BAL EMERGENCY MEDICAL SERVICE MEDICAL CARE AVAIL. JUDICIAL COMPUTER PROJECT ACCESS TO JUSTICE STATE FINE MUNICIPAL FINE 101 10.00 30.00 8.50 1.50 100.00 100.00 10.00- 30.00- 8.50- 1. 50- 100.00- 100.00- .00 .00 .00 .00 .00 .00 -------------- -------------- -------------- -------------- -------------- -------------- TOTAL 250.00 250.00- .00 CURRENT BALANCE DUE .00 RECVD FROM WALLACE, KARON R DATB PRIlIITED: AOPC 450-99 8/09/05 13:24:04 PH .,' r...~, 'Z';, ("~ c') CO) -' '~ c '0.. ~ t." ...e,\ -L- \ '-'" q, ~ _c~-n r<1.c;. -o{f'~ . [ ~ ,..,.J '~:?i~~? ......-n ('"'1~ ~'~~rti -". ~3: -c -"'" c~.: o _l KARON WALLACE, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 05-4561 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of October, 2005, upon consideration of the attached letter from George Kabusk, Esq., attorney for Respondent, and based upon an absence of compliance with paragraph 2 of the Order of Court dated September 13,2005, and the appeal having been deemed dismissed by the terms of that order, the hearing previously scheduled for December 22, 2005, is cancelled. BY THE COURT, 40rge Kabusk, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, P A 17104-2516 Attorney for Respondent ~rry Spradley 700 N. 16th Street Apt. 2 Harrisburg, P A 17103 ,OJ \{)\Cb ^ ,r \).) \.\'\ t\ ...(,\:1 'of:<J 'S~\Jv ,Karon Wallace 326 S. 14th Street Harrisburg, PA 17104 ~enardo L. Hicks, Esq. 121 State Street Harrisburg, PA 17101 ~ PENNDOT COMMONWEALTH OF PENNSYlVANIA DEPARTMENT OF TRANSPORTATION OFRCE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAw DIVISION RIVERFRONT OFFICE CENTER. 3" FLOOR 1101 SOUTH FRONT STREET' HARRISBURG, PA 17104-2516 TELEPHONE: (717) 787-2830 FACSIMilE: (717) 705-1122 GOVERNOR'S OFFICE OF GENERAL COUNSEL October 5, 2005 Renardo 1. Hicks, Esquire 121 State Street Harrisburg,PA 17101 Re: Karon T. Wallace v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Cumberland County, No. 05-4561, License Suspension Appeal Dear Attorney Hicks: I am writing to you regarding the above-mentioned appeal. By official notice dated August 17,2005, the Department notified Karon Tya Wallace, O.L.N. 26156230, that as a result of his August 8, 2005, conviction of violating Section 1543A of the Vehicle Code, relating to Driving While Suspended, on May 28, 2005, his driving privilege was suspended for I year effective August 17,2005. A "Petition for Suspension Ref Driving License," was filed on or about September 7, 2005, which was signed by Terry Spradley. By order dated September 13, 2005, the court issued the following order: AND NOW, this 13th day of September, 2005, upon consideration of Petitioner's "Petition for Suspension Ref Driving License," and it being unclear whether the person who filed the petition on behalf of Petitioner, Terry Spradley, is an attorney and what the grounds for the appeal are, it is ordered and directed as follows: OC'[ , ".0'5 "II 1. Within 20 days of the date of this order Petitioner shall file in the prothonotary's office a supplement to petition containing a statement as to the grounds for the appeal and a verification, signed by Petitioner, verifYing the contents of the petition as supplemented; Within 20 days of the date of this order Terry Spradley shall file in the prothonotary's office evidence of his or her entitlement to practice law in the Commonwealth of Pennsylvania in the form of his or her Attorney's Number; and In the event that either paragraph I or paragraph 2 of this order are not complied with in the said 20-day period, Petitioner's petition shall be deemed automatically dismissed without 2. 3. further order of court; ifboth paragraphs are complied with, a hearing on Petitioner's petition will be held on Thursday, December 22, 2005, at I :30 p.m. in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, By the Court Signed by J. Wesley Oler, Jr., J. I am in receipt of your "Supplement to the Petition for Suspension Ref Driving License," dated September 30, 2005, which also contained your Praecipe to Enter Appearance, and a Verification. I am assuming that the Supplement was filed in response to requirement Number I of the Order of Court dated September 13, 2005. I am not in receipt of any document filed by Terry Spradley in the prothonotary's office evidencing his or her entitlement to practice law in the Commonwealth of Pennsylvania in the form of his or her Attorney's Number. The Order of September 13, 2005, was very specific in setting forth two requirements and that if either of them was not complied with within 20 days of the Order, then the appeal was deemed automatically dismissed without further order of court. Both requirements of the Order of September 13, 2005, have not been complied with. Please be advised that I am taking the appeal to be dismissed because the Order of September 13, 2005, states that the appeal will be deemed automatically dismissed without further notice of court ifhas not been complied with as set forth in the Order. Additionally, in your appeal you set forth your reason for appeal as the following: "Petitioner's driver's license was previously suspended. At the expiration of that period of suspension, Petitioner was eligible for reinstatement of his license with the payment of a twenty-five dollar ($25) restoration fee. After the expiration of the initial suspension period, and before his payment of the $25.00 fee, Petitioner was ticketed for driving without a valid license and his license was again suspended. Notwithstanding "personal reasons" for which Petitioner was driving on this single occasion without a valid license, Petitioner acknowledges that his driving before payment of the restoration fee and after suspension was improper. However, Petitioner hereby appeals the decision to suspend his license on the grounds that the penalty is inappropriate for the infraction that he has committed. Please be advised such reason as you mention in the Supplement has been addressed recently in the case of Rossie v. Department o/Transportation, BDL, 860 A.2d 64 (Pa. 2004). In Rossie the petitioner argued that she should avoid the suspension because she had served the term of suspension, was eligible to restore, but had not paid the restoration fee. The Court upheld the Department's suspension of Rossie's operating privilege and reaffirmed the principle that a person remains suspended until he or she complies with all the steps necessary for restoration, including the payment ofthe restoration fee. Once again, based upon the Order of Court dated September 13, 2005, 1 am deeming the appeal dismissed. I will consider the appeal dismissed unless I receive an order from the court stating that the matter is not dismissed and that it is scheduled for hearing. If you have any questions, please do not hesitate to contact me. Sincerely, I~</ LL 4? cieorgeRP:l(a~Ksk Cc: The Honorable J. Wesley Oler, Jr., Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387 Harold C. Cramer, Assistant Chief Counsel .