HomeMy WebLinkAbout02-4539LAW OFFICES
SNELBAKEr,
BRENNEMAN
& SPARE
KENNETH E. GEIGER, III,
Petitioner
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002 - t/,.q-.~qr CIVIL TERM
COMMONWEALTH OF
PENNSYLVANIA, Department of
Transportation,
Respondent
PETITION FOR REVIEW OF ORDER OF DEPARTMENT
OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE
AND NOW, comes Kenneth E. Geiger, III, Petitioner, by his attorneys, Snelbaker,
Brenneman & Spare, P.C., and respectfully files this Petition pursuant to 75 Pa. C.S. § 1550 for
review of an order of the Department of Transportation suspending Petitioner's operating
privilege and in support thereof represents as follows:
1. Petitioner Kenneth E. Geiger, III, is an adult individual residing at 7 Deerbum
Court, Mechanicsburg, Pennsylvania 17050. During the summer of 2002, Petitioner relocated
from his residence in Hanover, Pennsylvania to his present address. Petitioner is currently
attending school in Lancaster, Pennsylvania. Prior to the notices which are the subject of this
appeal, Petitioner's operating privileges had been suspended due to previous traffic infractions.
Thus, there is no supercedeas in this matter
2. By letter dated August 23, 2002, Petitioner was notified in writing by the
Department of Transportation of the entry of an order suspending his driver's license for a period
of five (5) years effective March 13, 2005 due to Petitioner's being designated as a habitual
LAW OFFICES
SNELBAKER.
BrENNEMan
& SPARE
offender because this was his third major violation within a five-year period. A copy of the
Notice is attached hereto as Exhibit "A" and incorporated herein by reference.
3. By a second letter dated August 23, 2002, Petitioner was notified in writing by the
Department of Transportation of the entry of an order suspending his driver's license for a period
of fifteen (15) days effective March 13, 2010. A copy of the Notice is attached hereto as Exhibit
"B" and incorporated herein by reference.
4. As follows by a third letter dated August 23, 2002, Petitioner was notified in
writing by the Department of Transportation of the entry of an order suspending his driver's
license for a period one (1) year effective March 28, 2010. A copy of the Notice is attached
hereto as Exhibit "C" and incorporated herein by reference.
5. The suspensions described above may be improper and unlawful due to errors in
calculating the suspension. As of the filing of this Petition, Petitioner and his counsel are
awaiting a response to their Request for Driver Information sent to the Department of
Transportation on or about September 10, 2002. Only upon review of Petitioner's official driver
record will Petitioner and his counsel be able to effectively evaluate the lawfulness of the
Department's suspension.
6. This precautionary appeal is taken to preserve Petitioner's rights to contest the
Department's suspension in the event a review of his driver's record reveals that the
Department's actions were improper and unlawful. Through counsel, Petitioner will inform the
Court and the Department of the specific basis for his appeal or withdraw the appeal if warranted
-2-
LAW OFFICES
SNELBakER,
BRENNEMAN
& Spare
after a thorough review of his driver record in comparison with applicable law.
WHEREFORE, Petitioner respectfully requests your Honorable Court to schedule a
hearing in this matter pursuant to 75 Pa. C.S. § 1550 to determine the lawfulness of the
Department of Transportation's actions.
Respectfully submitted,
Snelbaker, Brenneman & Spare, P.C.
Philip'It. Spa're, Esquire
Pa. Supreme Court I.D.//65200
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Petitioner,
Kenneth E. Geiger, III
Date: September 20, 2002
-3-
COMNON~EALTH OF PENNSYLVANIA
DEPARTHENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: AUGUST 25, 2002
KENNETH E GEIGER III
982 BALTIMORE ST
HANOVER PA 17331
WID · 022286114595808 001
PROCESSING DATE O&/16/20Q2
DRIVER LICENSE # 26606002
DATE OF BIRTH 10/19/1982
Dear MR. GEIGER:
LICENSE IN BUREAU
This is an Official Notlce of the Revocation of your Driving
Privilege as authorized by Section 15q2D of the Pennsylvania
Vehicle Code. As a result of your 05/03/2002 conviction of
violating Section 5755 of the Vehicle Code, FLEEING POLICE
OFFICER, on 12/09/2001:
You have been designated as a habitual offender because
this is Your third major violation within a five year
Period.
· Your driving privilege is REVOKED for a Per/od of
YEAR(S) e~fective 03/13/2005 at 12:01 a.m.
This revocation is in addition to any other suspensions
ready on your record.
' 'PROVTDIN~ PROOF '0~ INSURANC~ ......
Within the last $0 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 Prom 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.
EXHIBIT A
Page 1 of 2
g2228611~595808
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 23, 2002, of this letter. If YOU file an
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
Dffice of Chief Counsel
.... Third-Floor,--~verfront Office-.Ce~rter
Harrisburg~ PA 1710~-2~16
Remember~ this is an O~ZC~AL NOTZC~ O~ REVOCATION.
Rebecca Lo Bickley, Oirector
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-I6LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7:00 AN TO 9:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-3g1-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-391-6191
EXHIBIT A
Page 2 of 2
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mat1 Date: AUGUST 23, 2002
KENNETH E G£IGER III
982 BALTIMORE ST
HANOVER PA 17331
WID # 022286114596546 001
PROCESSING DATE 08/16/2002
DRIVER LICENSE ~ 26606002
DATE OF BIRTH 10/19/1982
Dear MR. GEIGER:
· LICENSE IN BUREAU
This is an Offlcta2 Notlce of the Suspension of your Driving
Privilege as authorized by Section 1iq4 of the Pennsylvania
Vehicle Code. As a result of your 05/05/2002 conviction of
violating Section ~523B of the Vehicle Code, STOP SIGN VIO-
LATION, on 12/09/2001:
· Your driving privilege is SUSPENDED fo~ & Period of 15
DAY(S) effective 05/13/2010 at ll:Ol a.m.
Instead of assigning points to your driver's license record,
Section IS4q of the Vehicle Code requires PennDOT to extend
any existing suspension 5 days for each Point that would
have been assigned to Your driver's license record. There-
fore, PennOOT is assigning this additional [5 DAY(S)
PeRston to your current suspension.
This suspension is in addition to any other suspensions al-
ready on Your record.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 50 days of the mail
date, AUGUST 25, 2002, of this letter. If you file an appeal
in the County Coupt. the Court will give you a time-sram=ed
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 1710q-2516
Remember, this is an OFFICZAL NOTICE OF SUSPENSION.
EXHIBIT B
Page 1 of 2
Rebecca L. Bickley, Director
I~ureau of Driver Licensing
.INFORHATZON 7:00 a.m. to 9:00 p.m.
- -t~N STATE 1-800-952-~600 ~DD ~N-ST-A-i'E -
OUT-OF-STATE 717-591-6190 TOD OUT-OF-STATE
WEB SITE ADDRESS www.dot.state.pa.u$
i-800-~Z8-0676'
717-~91-6191
E~XHI B IT B
Page 2 of 2
COMMQHWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date= AUGUST 23, 2002
KENNETH E G£IGER III
982 BALTIMORE S?
HANOVER PA 17331
WID ~ 022286114596595 001
PROCESSING DATE 08/16/2002
DRIVER LICENSE ~ 26606002
DATE OF BIRTH 10/19/1982
Dear MR. GEIGER:
LICENSE IN BUREAU
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1545 of the Pennsylvania
Vehicle Code. As a result of your 05/05/2002 conviction of
violating Section 1543A of the ~ehicle Code DRIVING WHILE
SUSP/REVOKE on 12/09/2001:
Your driving privilege is SUSPENDED fop a peP/cd of 1
YEAR(S) effective 03/28/2010 at 12:01 a.m.
This suspension Js 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 pro~i~d~_proof cf in-
surance at that timel This letter will list a~pt~i~ .................
documents and what will be needed if you do not own a vehicle
registered in Pennsylvania.
ZmpoPtant: Please make sure that
move from Your current address.
your address change by calling
listed at the end of this letter.
PennDOT is notified if You
YOU may notify PennDOT of
any of the phone numbers
EXHIBIT C
Page 1 of 2
~2228~11~5~5~5
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within SO days of the mail
date, AUGUST 25, 2002, of this letter. Zf you flle 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 Counse!
Th'~d Floor,--R~ve~front Office--CerrbeT~ .........
Harrisburg, PA 1710~-2516
Rememberj this is an OF~ICZAL NOTZCE OF SUSPENSZON.
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
Harrisburg, PA 1710~-8695
Sincere]y,
Rebecca L. Bickley~ Director
Bureau of Driver Licensing
INFORMATION (7:00 AM TO 9:00 PM)
IN STATE 1-800-932-~600
OUT-OF-STATE 717-~91-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-591-6191
EXHIBIT C
Page 2 of 2
09/19/2002 THU 03:34 FAX 717 396 7186 STEVENS COLLEGE LIBP, ARY
Sep-]g-02 02:43P Snelbaker. Brenneman & S 717-697-7681
~]001
VERIFICATION
I verify that the statements macac ~.n the foregoing Petition for Review of Order of
Dcpa~mcm of Transpo~ation Suspending Operating Privilege true and co.ecl. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to
unswom falsific~on to authorities.
Date: September 19 ,2002
LAW OFF]CES
SNELBAKER,
BRENNEMAN
& SPARE
KENNETH E. GEIGER, III,
VS.
Petitioner
COMMONWEALTH OF
PENNSYLVANIA, Department of
Transportation,
Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002- qffJq CIVIL TERM
ORDER
AND NOW, this O~/'t~ dayof t~t4~ ,2002, upon
consideration of the Petition of Kenneth E. Geiger, III, 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 Petitioner's
privilege should be set aside. Hearing in the above-captioned matter is set for the /.~ ~ day
_~_/~ ,200 ~ at /tO ,' ~ t.) o'clock _~.M. in Courtroom ,~, Cumberland
of
County Courthouse, Carlisle, Pennsylvania.
The Petitioner is directed forthwith to serve 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 requested.
By the Court:
Jo
KENNETH E. GEIGER, III,
Petitioner
Vo
COMMONWEALTH OF
PENNSYLVANIA,
Depat unent of Transportation,
Respondent
: IN THE COURT OF COMMON PLEAS
: OF CUMBERI,AND COUNTY,
: PENNSYLVANIA
: DOCKET NO: 2002-4539 CIVIL TERM
PR_ARCIPE TO DISCONTINUE
TO THE CLERK OF COURTS OF CUMBERLAND ,COUNTY:
Kindly mark the above-captioned appeal as discontinued.
By: /'
john/.~6/m, Esquire
Att~,~fey ID# 77961
8 South Hanover Street, Suite 204
Carlisle, PA 17013
(717) 249-0900
KENNETH E. GEIGER, III,
Petitioner
Vo
COMMONWEALTH OF
PENNSYLVANIA,
Department of Transportation,
Respondent
: IN THE COURT OF' COMMON PLEAS
: OF CUMBERI,AND COUNTY,
: PENNSYLVANIA
: DOCKET NO: 2002-4539 CIVIL TERM
CERTIFICATE OF SERVICE
AND NOW, this 12th day of December, 2002, I, John A. Aborn, Esquire, of
Abom& Kumlakis, L.L.P., hereby certify that I did serve a true and correct copy of
the foregoing PRAF, CIPE TO DISCONTINUE upon George Kabusk, Esquire, by
U.S. Mail, addressed as follows:
Pennsylvania Depaxtment of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
ABOM & KU~ULAKIS, L.L.P.
(._.....--ffSouth Hanover Street, Suite 204
Carlisle, PA 17013
KENNETH E. GEIGER, III,
Petitioner
Vo
COMMONWEALTH OF
PENNSYLVANIA,
Department of Transportation,
Respondent
IN THE COURT OF' COMMON PLEAS
OF CUMBERI,AND COUNTY,
PENNSYLVANIA
DOCKET NO: 2002:-4539 CIVIL TERM
TO THE CLERK OF COURTS OF CUMBERI,AND COUNTY:
Kindly enter the appearance of John A. Abom, Esquire, of Abom& Kutulakis,
L.L.P., on behalf of Kenneth Geiger, Petitioner in the above-captioned matter.
Date:
Atto~# 77961
8 South Hanover Street, Suite 204
Carlisle, PA 17013
(VlV) 249-0900
KENNETH E. GEIGER, III,
Petitioner
COMMONWEALTH OF :
PENNSYLVANIA, :
Department o f Transportation,:
Respondent :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: DOCKET NO: 2002-4539 CIVIL TERM
CERTIFICATE OF SERVICE
AND NOW, this 12m day of December, 2002, I, John A. Abom, Esquire, of
Abom& Kutulakis, L.L.P., hereby certify that I did sev~e a true and correct copy of
the foregoing ENTRY OF APPEARANCE upon George Kabusk, Esquire, by U.S.
Mail, addressed as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
ABOM & KUTULAKIS, L.L.P.
omw.-r Street, Suite 204
Carlisle, PA 17013
LAW OFFICES
SNEIBaKER.
BRENNEMAN
& Spare
KENNETH E. GEIGER, III,
Petitioner
Vo
COMMONWEALTH OF
PENNSYLVANIA, Departmem
of Transportation,
Respondent
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 200:2-4539 CIVIL TERM
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Philip H. Spare, Esquire and Snelbaker, Brenneman &
Spare, P. C. as attorneys for Petitioner Kenneth E. Geiger, III in the above-captioned action.
SNELBAKER, B~NNEMAN & SPARE, P. C.
Date: December 11, 2002
Philip H. S"pare, l~squire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528