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Home My WebLink About02-3840 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA Adam G. Grissinger, Petitioner, Ve Commonwealth of Pennsylvania, Department of Transportation, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002 ~ License Revocation Petition for Review of Order of Department of Transportation Suspending Operating Privilege Petitioner Adam G. Grissinger, by and through his counsel, Saidis, Shuff, Flower & Lindsay, respectfully petitions your Court for a review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows. 1. Petitioner Adam G. Grissinger, is an adult individual residing at 1786 North Meadow Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Petitioner current possesses a valid driver's license. 3. By letter dated July 10, 2002, Petitioner was notified, in writing, that the Department of Transportation, by reason of a total point accumulation of eleven points was imposing a 365 day license suspension. Copy of the Notice is attached hereto, made a part hereof and marked Exhibit "A". 4. Copy of the petitioner's certified driving history dated July 13, 2002, marked Exhibit The suspension reasons: is attached hereto, made a part hereof and is improper and unlawful for the following SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA A. The Department has miscalculated the Petitioner's accumulation of points and therefore incorrectly determined the length of period for which his license should be suspended. his license should be opposed to 365 days. B. Petitioner's calculation of his license Petitioner's conclusion is that suspended for 110 days, as suspensions Date and the calculation of the days of suspension are set forth on Exhibit "C' which is made a part hereof. W~ERW. FORE, Petitioner respectfully request that the Court set this matter down forthwith for de nova hearing and that the order of the Department of Transportation be set aside. Respectfully submitted, _~obert C~. Saidis, Esquire Attorney I.D. # 21458 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 2 VERIFICATION I, Adam G. Grissinger, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: August 9, 2002 Bye/~ (~ Adam G. Grissinger COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA I7123 JULY iQ, 2002 ADAM G GRISSINGER 1786 NORTH MEADOW MECHANICSBURG PA 021849283723550 001 DR 07/03/2002 25696436 17055 06/10/1981 Dear Motorist: As a result of your conviction of violating section 3362 of the Vehlcle Code EXCEEDING MAXIMUM SPEED on 07/02/2002, 4 polnts have been asslgned to your record. Your total point accumulation is 11 points. Since Your Point record shows an accumulation of 11 points, a sanction of 3G5 DAY(S) is hereby imposed as man- dated by Section 1539 of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learnerms permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If You cannot comply with the requirements stated above, you are required to submit a DL1GLC Form or a sworn affidavit stating that you are aware of the sanction against Your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender Your license, CPedit will not begin until all current driver's license product(s), the DL1GLC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN I5 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 08/14/2002, 12:01 a.m. 0218q9283723550 Please see the enclosed application for restoration fee in- formation. You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of Your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 10, 2002, of this letter. ~f You file an appeal in the County Court, the Court wlll give you a t/me-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 Sincerely, Rebecca L. Bickley, 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 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY JUL 13 2002 PAGE 1 DRIVER: ADAM G GRISSINGER 1786 NORTH MEADOW DR MECHANICSBURG, PA 17055 DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: APR 12 2001 LICENSE EXPIRES : JUN 11 2005 ORIG ISSUE DATE : AUG 07 1997 MED RESTRICTIONS : NONE LEARNER PERMITS : LICENSE STATUS : PEND SUSPEND DRIVER LICENSE NO : 25696436 DATE OF BIRTH : JUN 10 1981 SEX : MALE RECORD TYPE : REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS : CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS: CDL LICENSE STATUS : PEND SUSPEND SB ENDORSEMENT : PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS : OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - JUL 13 2002 - LICENSE NUMBER 25696436 CONTINUED REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: MAY 04 1998 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 053 MPH IN A 035 MPH ZONE CONVICTION DATE: MAY 12 1998 ACTION: ASSIGNED POINTS VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUL 05 1998 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 053 MPH IN A 035 MPH ZONE JUL 09 1998 POINT EXAM VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUL 06 1998 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 080 MPH IN A 055 MPH ZONE JUL 09 1998 POINTS/SUSPENSION FOR 60 DAY(S) EFFECTIVE JUL 31 OFFICIAL NOTICE MAILED JUL 28 1998 1998 ACTION: ACTION: SUSPENDED - FAILED EXAM FAIL TO TAKE EXAM SUSPEND EFFECTIVE SEP 11 1998 OFFICIAL NOTICE MAILED SEP 11 1998 ACTION: RESTORATION OF OPERATING PRIVILEGES SEP 29 1998 *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - JUL 13 2002 - LICENSE NUMBER 25696436 CONTINUED VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: MAY 22 1999 CRIMES CODE: 63103 CARRYING A FALSE ID CARD JUN 22 1999 SUSPENSION FOR 90 DAY(S) EFFECTIVE AUG 10 1999 OFFICIAL NOTICE MAILED JUL 14 1999 ACTION: RESTORATION OF OPERATING PRIVILEGES NOV 08 1999 VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUN 30 2000 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 077 MPH IN A 065 MPH ZONE AUG 01 2000 ASSIGNED POINTS VIOLATION DATE: OCT 13 2000 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 091 MPH IN A 055 MPH ZONE CONVICTION DATE: OCT 20 2000 ACTION: DEPARTMENTAL HEARING ACTION: NO ACTION AS A RESULT OF A HEARING VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUN 16 2002 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 072 MPH IN A 055 MPH ZONE JUL 02 2002 POINTS/SUSPENSION FOR 365 DAY(S) EFFECTIVE AUG 14 OFFICIAL NOTICE MAILED JUL 10 2002 2002 *** CONTINUED *** PAGE 4 CERTIFIED DRIVING HISTORY - JUL 13 2002 - LICENSE NUMBER 25696436 CONTINUED REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** PAGE 5 CERTIFIED DRIVING HISTORY - JUL 13 2002 - LICENSE NUMBER 25696436 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I ~RREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:JUL 13 2002 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, SECRETARY OF TRANSPORTATION SEAL Violation Violation/ MPH Date Action , Accumulation of 11 pts. 5-4-98 7-5-98 7-6-98 7-31-98 9-29-98 9-29-99 6-30-00 10-13-00 10-13-01 § 3362 53 in 35=18 § 3362 53 in 65=18 § 3362 80 in 55=25 Suspension Restoration 1 yr Point Removal § 3362 77 in 65=12 § 3362 91 in 55=36 l yrPointRemoval 4 4 4 12 -7 5 -3 2 3 5 10 -3 (1) 6-t6-02 § 3362 72 in 55=17 10 days x 11 points = 110 Day Suspension 7 4 11 (2) Adam Grissinger 1786 N. Meadow Dr. Mechanicsburg, PA 17055 Drivers License # 25 696 436 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE On this /~43'~ day of ~O~ , 2002, I hereby certify that I served a true and correct copy of the foregoing Petition for Review of Order of Department of Transportation Suspending Operating Privilege upon all parties of record via United States Mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 SAIDIS, SHUFF, FLOWER & LINDSAY Adam G. Grissinger, Petitioner, Ve Commonwealth of Pennsylvania, Department of Transportation, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002 - ~ License Revocation SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ORDER FOR HEARIN~ AND NOW, this ~ day of August 2002, upon consideration of the Petition of Adam G. Grissinger for review of an Order of the Department of Transportation suspending petitioner,s operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending the petitioner,s operating privilege should be set aside. Hearing in the above-captioned matter is set for ~.m. in courtroom number ~ at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The petitioner is directed forthwith to serve a Notice of the Appeal and copies of the Petition for review and Order for hearing on the Department of Transportation at the address shown in the department,s Notice of Entry of Order by certified mail, return receipt~ r~~~ By 'the CoJ~