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Home My WebLink About06-0260EUGENE DOUGLAS GRIFFITH : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION PETITION FOR APPEAL Petitioner, Eugene Douglas Griffith, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Eugene Douglas Griffith, an adult individual residing at 231 G Street, Carlisle, Cumberland County, Pennsylvania. 2 On December 16, 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 January 20, 2006. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A". 3 The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests a hearing be set to address the issues raised in this Petition. Dater (I + b? Respectfully submitted, Hubert X. Gilroy, E /qt Broujos & Gilroy C. Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 16, 2005 EUGENE DOUGLAS GRIFFITH WID • 053436150162415 001 231 G STREET PROCESSING DATE 12/09/2005 DRIVER LICENSE i 21873647 CARLISLE PA 17013 DATE OF BIRTH 12/17/1965 Dear MR. GRIFFITH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 11/09/2005 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 10/30/2005: ¦ Your driving Privilege is SUSPENDED for a period of 6 MONTH(S) effective 01/20/2006 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 instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are 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 01/20/2006. You may surrender these items before, 01/20/2006, 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 identification (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. EXHIBIT s a A 053436150162415 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 notarized 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 license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive 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 products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(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) an the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 053436150162415 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 insurance at that time. This letter will list acceptable documents and what will be needed if you do not awn 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, DECEMBER 16, 2005, of this letter. If you file an appeal 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 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 0112012006. Sincerely, 9?tk ?-- - Z g 0'? Janet L. Dolan, Acting Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.O. Box 68693 TOD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 "IN N i? G EUGENE DOUGLAS GRIFFITH : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006(?O CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION COURT ORDER AND NOW, this I I W' day of January, 2006, 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 the suspension of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the - day of / u 2006 at J. I>p 4 m. at which time the issues raised in this Petition will be heard. This Appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on December 16, 2005 relating to the suspension of Petitioner's license effective January 20, 2006. 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 C 1'Or 1'h .?. Abe r+ Judge Cc: 4Iubert X. Gilroy, Esquire / .Office of the Chief Counsel of PennDOT y'? 4-w- 1J 111/047 EUGENE DOUGLAS GRIFFITH, Petitioner VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 260 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION COURT ORDER AND NOW, this %0,*\ day of March, 2006, upon request of the Petitioner through his attorney for a continuance of the hearing scheduled on March 16, 2006, and it being represented to the Court that counsel for the Department of Transportation does not object to this request, the hearing scheduled on March 16, 2006 at 2:00 p.m. in this matter is rescheduled to Wednesday, May 10, 2006, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse. Cc: ert X. Gilroy, Esquire eorge Kabusk, Esquire y (Office of the Chief Counsel of PennDOT) BY THE COURT, AA M. L. Ebert, Jr., Judge .'r ? ., ? ,_ .. ? EUGENE DOUGLAS GRIFFITH : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006 - 260 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION COURT ORDER q* day of May, 2006, upon request of the Petitioner through AND NOW, this his attorney for continuance of the hearing scheduled on May 10, 2006 and it being represented to the Court that counsel for the Department of Transportation does not object to this request, the hearing scheduled on May 10, 2006 is rescheduled to the 7 day of 2006 at 3 4--m. in Courtroom No. 5 of the Cumberland County Courthouse. BY THE COURT, - ?? 0?, ?AA M. L. Ebert, Jr., Judge Cc: Hubert X. Gilroy, Esquire George Kabusk, Esquire (Office of the Chief Counsel of PennDOT) yR LZ .0I WV i I ?VW 90OZ 3-Hi 30 ^r?:?13 EUGENE DOUGLAS GRIFFITH : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006 - 260 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION AND NOW, this 31 st day of f , 2006, upon request of O \ the Petitioner for continuance of the hearing scheduled on August 7, 2006, said hearing is continued until the ' day of Qu+&- er , 2006 at '30 J.m. in Courtroom No. 5 of the Cumberland County Courthouse. BY THE COURT, M. L. Ebert, Jr., Judge Cc: ?i? bert X. Gilroy, Esquire :Ieorge Kabusk, Esquire J O ohn Dailey, Esquire \? ?? s 7 J J.F. Adj - I EUGENE DOUGLAS C Petitioner PENNSYLVANIA VS. COMMONWEALTH OF PENNSYLVANIA, DEPAF OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 2006 - 260 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this the above case and upon object, the hearing generally. Counsel for the Court requesting a the Appeal filed in this day of October, 2006, upon request of the Petitioner in s representation that counsel for Penn DOT does not for Friday, October 27, 2006 at 10:30 a.m. is continued or Penn DOT may bring this matter back before the if necessary or, in the alternative, Petitioner may withdraw BY THE COURT, M. L. Ebert, Jr., Judge c Cc: Aubert X. Gilroy, ,George Kabusk, F J tvW L Z 130 9001 F: RLEWlients\12847\12847.1.Praecipe Created: 9/20/04 0:06PM Revised 11/20/07 0:28PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, COUNTY, PENNSYLVANIA Plaintiff V. NO. 2006-2010D CIVIL ACTION - LAW EUGENE DOUGLAS GRIFFITH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the Appeal filed in the above referenced matter by Petitioner Eugene Douglas Griffith and mark this matter settled and discontinued. DATE: Novembers D, 2007 a I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 249-3341 Attorneys for Defendant Hubert X. Gilroy, E uire Martson Deardorff illiams Otto Gilroy & Faller 0 Q 0 ' - n -.? n CO co