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Home My WebLink About05-4884 MICHAEL J. MASLAND, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : No. 2005- 'I Lft CIVIL TERM COMMONWEALTH OF PENNSYL VANIA, Respondent : APPEAL FROM DRIVER'S LICENSE : SUSPENSION PETITION FOR APPEAL Petitioner, Michael J. Masland, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Michael J. Masland, an adult individual residing at 195 Heisers Lane, Carlisle, Cumberland County, Pennsylvania. 2 On August 15, 2005, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of six months effective September 19, 2005. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A" and is hereinafter referred to as the "First Suspension". 3 The First Suspension was the result of Petitioner's June 22, 2005 conviction of violating a Section ofthe Controlled Substance, Drug Device and Cosmetic Act. 4 Petitioner avers that the First Suspension is appropriate and Petitioner does not contest the First Suspension. 5 On September 2, 2005, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation issued two additional suspensions of Petitioner's operating privileges, one being a suspension for six months effective March 19, 2006 (a copy of said Suspension being attached hereto and marked Exhibit "B" and hereinafter referred to as the "Second Suspension") and a suspension for a period of six months effective September 19, 2006 (a copy of the Suspension Notice being attached hereto and marked Exhibit "c" and hereinafter referred to as the "Third Suspension"). 6 On September 5, 2005, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of six months effective March 19, 2007 (a copy of said Suspension being attached hereto and marked Exhibit "D" and hereinafter referred to as the "Fourth Suspension"). 7 The Second Suspension, Third Suspension and Fourth Suspension all relate to the Petitioner's conviction on June 21, 2005 as noted above. 8 The Orders suspending Petitioner's license for the Second Suspension, Third Suspension and Fourth Suspension are illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued and a violation ofthe Petitioner's Constitutional Rights. 9 Petitioner seeks a de novo Hearing to determine whether the license suspensions for the Second Suspension, Third Suspension and Fourth Suspension are appropriate. WHEREFORE, the Petitioner requests a hearing be set to address the issues raised in this Petition. Respectfully Submitted, Seutember"< 6 , 2005 DATE By Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 15. 2005 CARLISLE PA 17013 WID # 052206128135247 001 PROCESSING DATE 08/08/2005 DRIVER LICENSE # 25198536 DATE OF BIRTH 04/21/1980 MICHAEL J MASLAND 195 HEISERS LANE Dear MR. MASLAND: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 06/21/2005 conviction of violating Section 13A30 of the Controlled Substance, Drug. Device and Cosmetic Act. on 11/01/2003: . Your driving privilege is SUSPENDED fo~ a pe~iod of 6 MONTH(S) effective 09/19/2005 at 12:01 a.m. 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/~evocation, 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 ~our possession on or before 09/19/2005. You may surrender these items before, 09/19/2005, 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. 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. EXHIBIT I A 052206128135247 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 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 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your PennsYlvania driver's licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. I f you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. 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 1571 (a) (4) of the Pennsylvania Vehicle Code. PAVING 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. 052206128135247 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 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. AUGUST 15. 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 Remember. this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/19/2005. Sincerely. .:;/ J;jre~ Janet L. Dolan. Acting Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg. PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 02, 2005 CARLISLE PA 17013 WID. 052386178614614 001 PROCESSING DATE 08/26/2005 DRIVER LICENSE. 25198536 DATE OF BIRTH 04/21/1980 MICHAEL J MASLAND 195 HEISERS LANE Dear MR. MASLAND: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 06/21/2005 conviction of violating Section 13A30 of the Controlled Substance. Drug. Device and Cosmetic Act. on 11/01/2003: . Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 03/19/2006 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. 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 09/19/2005. You may surrender these items before, 09/19/2005. 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. You will not receive credit toward serving any suspension until we receive your 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 must specifY in your letter why you are unable to return your driver's license. EXHIBIT I j B 052386178614626 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 licensees), 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 within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. 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 1571 (a) (4) of the Pennsylvania Vehicle Code. 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 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, SEPTEMBER 02, 2005, of this letter. If you file an appeal in the County Cou~t, the Cou~t will give you a time- stamped ce~tif1ed 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 17104-2516 Remember, t hi s is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/19/2005. 052386178614626 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, b~~ Janet L. Dolan, Acting Director Bureau of Driver Licensing INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 02, 2005 CARLISLE PA 17013 WID. 052386178614626 001 PROCESSING DATE 08/26/2005 DRIVER LICENSE. 25198536 DATE OF BIRTH 04/21/1980 MICHAEL J MASLAND 195 HEISERS LANE Dear MR. MASLAND: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 06/21/2005 conviction of violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act, on 11/01/2003: . Your driving privilege is SUSPENDED fo~ a pe~iod of 6 MONTHCS) effective 09/19/2006 at 12:01 a.m. This suspension is in addition to any other suspensions al- readY on your record. 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 09/19/2005. You may surrender these items before, 09/19/2005, 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 Ce.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive you~ licenseCs). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's oermits 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 must specify in your letter why you are unable to return your driver's license. EXHIBIT ~ C- 3 052386178614614 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 within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. 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 1571 (a) (4) of the Pennsylvania Vehicle Code. 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 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, SEPTEMBER 02, 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 certi- fied COpy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisbur.g, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/19/2005. 052386178614614 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, ];)re~ Janet L. Dolan, Acting Director Bureau of Driver Licensing INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 05, 2005 CARLISLE PA 17013 WID * 052416614965878 001 PROCESSING DATE 08/29/2005 DRIVER LICENSE * 25198536 DATE OF BIRTH 04/21/1980 MICHAEL J MASLAND 195 HEISERS LANE Dear MR. MASLAND: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 06/21/2005 conviction of violating Section 13A30 of the Controlled Substance, Drug. Device and Cosmetic Act, on 11/01/2003: . Your driving privilege is SUSPENDED fol' a pel'iod of 6 MONTHlS) effective 03/19/2007 at 12:01 a.m. This suspension is in addition to any other suspensions al- readY on your record. 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 09/19/2005. You may surrender these items before, 09/19/2005. 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. You will not I'eceive cl'edit towal'd sel'ving any suspension until we I'eceive youI' licensels). 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 must specify in your letter whY YOU are unable to return your driver's license. EXHIBIT I ']) 052416614965878 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 within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. 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 1571 (a) (4) of the Pennsylvania Vehicle Code. PROVIDING PROOF OF INSURANCE Wi thin 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 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, SEPTEMBER 05, 2005, of this letter. I1' you 1'ile an appeal in the County Court, the Court will give you a time- stamped certi1'ied copy 01' 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 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all curr.nt Pennsylvania driver license products to PennDOT by 09/19/2005. 052416614965878 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, bre~ Janet L. Dolan, Acting Director Bureau of Driver Licensing INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TOD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~ () ....' c C~.. ~ ~-;:, .."..... en ~. ~ :~~ L':~ en :r ~ r" -0 p,:a 1" :g~ ~ c::> 0 'oj --I ~ :It". :r-u -- ::jL~ () ~ --- :L':M -i) V (~:} u -...l ~ ...~\ t....) ~ -l) ...0::., ~ o. Cf> --, -....:~ MICHAEL J. MASLAND, Petitioner $RECEIVED SEP 21 Z005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2005- lI'tK 1/ CIVIL TERM COMMONWEALTH OF PENNSYL VANIA, Respondent : APPEAL FROM DRIVER'S LICENSE : SUSPENSION COURT ORDER AND NOW, this ~ day of September, 2005, upon consideration of the foregoing Petition for an 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 the various Suspensions of his operating privileges as set forth in the Petition. This Appeal shall act as a supercedes of the Suspension Orders issued by the Department of Transportation on September 2, 2005 relating to a suspension of Petitioner's license effective March 19, 2006, on September 2, 2005 relating to a suspension of Petitioner's license effective September 19, 2006 and a September 5, 2005 notice relating to a suspension of Petitioner's license effective March 19, 2007. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the qtIJ day of iJA'.MlIAJ//i ,2005 at J.Ll...~.m. at which time the issues raised in this Petition will be heard. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriate offices of the Pennsylvania Department of Transportation. BY THE COURT, cc: Hubert X. Gilroy ~~; of tire Chid Co""'" W=-DmJ ~,::r:r\j o Alf\!r'-:-' i'i.... . ,,-':"'\f1:] 88 :6 HV 9Z d3S SOOZ AtNlO[.:OH108:J 31-11 :JO 3Ji:HO-Q31I:J MICHAEL J. MASLAND, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V COMMONWEALTH OF PA., DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING, CIVIL ACTION - LAW NO. 2005-4884 LICENSE SUSPENSION APPEAL Respondent IN RE: APPEAL REMANDED TO DEPARTMENT TO CORRECT AND UPDATE DEPARTMENT'S RECORDS ORDER OF COURT AND NOW, this 9th day of December, 2005, the appeal filed in the above-referenced matter is remanded to the Department to correct and update the Department's records as a result of the petitioner's conviction on June 21, 2005, of four counts of a violation on November 11, 2003, of 35 P.S. Section 78-113(a) (30) of the Controlled Substance, Drug, Device and Cosmetic Act and to rescind three of the four six-month suspensions which the Department imposed because of the aforementioned convictions. The one six-month suspension for four counts of 35 P.S. Section 780-113(a) (30), which have the same violation date and conviction date, is in accordance with Freundt v. Commonwealth of Pennsylvania, Department of Transportation, 883 A.2d 503 (Pa. 2005). By the Court, George H. Kabusk, Esquire For the Commonwealth ~A :bg D-()---os'"" ~ .~ ]kt; Hubert X. Gilroy, Esquire For the Petitioner iJ!J, ~ r J '.. C -:7 ",";_.J'.,> I. -