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Home My WebLink About00-00353 ,.:,- / " . . -, . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ;{OOO-J'..]~ C~l'( y~ LICENSE SUSPENSION APPEAL ERNEST WALTER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ~L'. David E. Hershey, Esquire Mancke Wagner Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 GEORGE KABUSK ESQUIRE PA DEPARTMENT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17104-2516 1".111".1,"1111""1"1"1,1,1,1""11,11,",11,1 J. ORDER OF COURT AI\JD NOW, this 2.J,~+ day of:S li1'v'U), 2000 upon Petition of Ernest Walter, a hearing is set on the License Suspension Appeal for the .JL4t day of ~ ' 2000, at /: 3tJ o'clOq~ t.m. in Courtroom Number I ,Cumberland County Courthouse, One Courthouse Square, Garlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Nqtice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to Section 1550(b} of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending, a final determination in this matter. BY THE COURT: ~ Yi~tI t j) t!.)l)b() Jit.....' u.... ~- .L.iIII ,,' ,-' " .. ~ '. VINVAlASNN3d A.1Nnm CN\n~J38V'!no is :2 [,ld i 2 NW' 00 'I:I,J'O'\'I"" "",'" ^ Y..L ; ;'.A"U,V::'J:~ 3Ji:L::O-GJiU :JO ,"",.' ," ':'1 - ' . . ...1 .., . . . "". . ERNEST WALTER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ;2f}'ffl- 353 ~ f.u- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Ernest Walter, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Ernest Walter, is a Pennsylvania licensed driver with a residence address of 4828 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension by way of letter dated January 4, 2000 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on February 8,2000, at 12:01 a.m. for a period of six (6) months for a violation of Section 3736 of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. The proposed suspension is illegal, improper, and invalid for some or all of the following reasons: -~ ~ .L , , . ...... . a. Petitioner's summary conviction is presently on appeal in Cumberland County Court. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of January 4, 2000 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY L~- Date: By David E. Hershey, Esquire I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234.7051 ~~ ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 04, 2000 ERNEST M WALTER 4828 BRIAN RD MECHANICSBURG PA 17055 WID I 993629283682040 001 PR~CESSING DATE 12/28/1999 DRIVER LICENSE I 15529907 DATE OF BIRTH 02/19/1952 Dear MR. WALTER: 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 12/16/1999 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 11/21/1999: . Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 02/08/2000 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 02/08/2000. You may surrender these items before, 02/08/2000, 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 9.00. 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 licensees). Complete the following steps to acknowledge this suspension. ... EXHIBIT ~ " w ~ ~ f\ ~ - ~ - . 993629283682040 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera card~.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) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. .-" '< .'". -. . 993629283682040 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, 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 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 of this letter, JANUARY 04, 2000. If you file an appeal in the County Court, the Court will give you a time-stamped certified COpy of the appeal. 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 02/08/2000. 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-B693 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 c o o ., -'.",,,", ;;J",. .. ~ j LAW OFFICES -- ~ < '~ . '1'_ MANCKE, WAGNER, HERSHEY & TULLY JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY HARRISBURG, 2233 NORTH FRONT STREET 17110 VERIFICATION PA AREA CODE 717 234-7051 I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date: ~ I dk )t I.. _ . C/..I<l//-jf &. '. I i I , I ,;1 I I I I I I I l i I I i I Iillil~k CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHEY & TULLY, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the l5~ay of January, 2000, at the address listed below: George Kabusk, Esquire PA Department of Transportation Riverfront Office Center, Third Floor 11,01 South Front Street Harrisburg, PA 17104-2516 B: Tammy L. Kelly MANCKE WAGNER HERSHEY & T LL Y ~OgN\fr """""'. , ," . nQA NI'ro\I (]31S.lll3 31i1.AVW ~ .llaW(lCnr 'y 1:10 .:fO:I1::l3H 301N:l:lS ~ ~Ol:l:l SAVa', (Oil) A.lN3M.1 NIHJ.IM 3HJ. 0.1. 3SNOdS3l:1 N3~MON~ 311::1 OJ. oal:lLlON AII31:1:1H 3l:l'i (lOA ell )" lln.L 'lI ),,3 HSlo.I3H 'lo.I3NEJ'Q'M '3)l:)N'Q'1/Il .. A3Nl::IO.uV S3:J1::I::IOM'<t1 AS NOIlOV SfH! HI 03'11::1 1VNIE)ll::IO 3Hl ::10 AdOO .LOiill::l -tlOO ONV :lntll V 81 NIH1IM 31U .LYH.L A::II.L1::I30 A83l:13H 0'0 3M . . . " / IS:: I" m~ ~ " JlZ :D" :D" cne) - z "'0 Ii\ \: m, 3i~ mm ~ " , -< ' 0 . , J20~ , , ~ 0 n ~ ~ -j~ ill ~m " -< CGl - , o ~ ,Z ,m -<;:D ~ r--~ C',) .() , , 1- tt ~ r.; <:::> '-,or 1;) r(; or;""" h rTl(':-; .", ;',l re C? Z,~T' ';i . 21"" t ~ ~d~ t.O iS6 ~ () ~. '& ~O -0 ~_...... ...... t ~R ::K :-C :Ii "'-l QC) W .....) "'V ~'C~ r::- ~'<:; [' f1 t? "..J -'i ....... ~ r z => ~ ....... T =< (..,) 1- - ~ '" ~' _J , ~ - ERNEST WALTER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000.353 CIVIL TERM LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING PRAECIPE TO THE PROTHONOTARY: Please withdraw the license suspension appeal filed in the above matter as Petitioner is now deceased. Respectfully submitted, Mancke Wagner Hershey & Tully Date: 02/08/00 -~//~~ David E. Hershey, Esqul ID# 43092 2233 North Front Street Harrisburg, PA 17110 717/234.7051 - -."0, L' CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of Mancke Wagner Hershey & Tully, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, on the ath day of February, 2000. George Kabusk, Esquire PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 By: ,!rL~ '-h kLUij Tammy L. Ke Mancke Wagner Hershey & Tully "....".. '" nOA.18NlYtWa~aJJG:lBAYft t,~atl",,~T'y~ rog 13.~~~~~ aaS01ON3 ,nu. OJ.. 38NOdS3l:l N3llll:lM V 311:f 01 C:lIolUOH AlBI:eJ.l 3l:I\I' nOA 0.< IS: J:" m )> ~~:DZ :II"Uln (j) ~ I ^ ~~mm~ ~~-<.. 0 ~ ~ J20 ~ ~ -~-1)>" ::! m C ~ o ~ ~ m -<;II )" lln.L 'lI ),,3 HSl::I3H 'l::I3N8'11M '3>1::)N'I111\1 S3:J1::l::lOM'v'l < .1 ~ A3Nl::IOUV AS NOu.ov S1H.L HI 0311::1 1YNlOIl:lO 3Hl ::10 AdOO J.03l::1 01::100 aNY an1::IJ. Y 81 NIH1IM iH.1 .LVHJ. ..\.::11.11:130 A83l::13... 00 ilM C.~~i c> -q "\"1 _o~' " I iT; \.0 S .~:J ~ () ,I cL) 4-0 :'C '" 0 ' , ,) 2~ () (') )> r;,,) () ill c: -/ ---< :;:J ~ 55 .< (.:;:) -< 'J .' . " ',I, ,'.. ~~ "~ ., ~>,,;>'~ /. .,. . ERNEST WALTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL V AlA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING NO. 2000-353 CIVIL TERM ORDER OF COURT AND NOW, this 7 K day of February, 2000, upon consideration of the attached letter from David E. Hershey, Esq., attorney for Petitioner, the hearing previously scheduled in this matter for March 31, 2000, is cancelled. BY THE COURT, David E. Hershey, Esq. 2233 North Front Street Harrisburg, PA 17110 es1ey Oler, J J. ~ ;rrWJJ J. . / tj' ()O RK8 George Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 :rc " \-0'M\lASNN3d All"!!' J') ,> '~'~V"'"'^'^8 1\ 'Ii ,',-, \" I. '-<__".',' ~ ~, . ',~_,~..:r; I~ ~.. 7 I' t5~:~ ,,;d II 8JJ (:0 AU\iLCI' - ~" 0 , " '" ,'. ".,;,.";;:,~,>si_;:.-,,~','~,ctil.',,,',',.-'icr,;""'-',,',,',,' , ',,-- ;~ ",:' ~ -,,", -.... ,'- - -.:, "",,: II.......,..,. ,,',. ':~',;: ~ LAW OFFICES JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET HARRISBURG, PA 17110 AREA CODE 717 234.7051 February 8, 2000 ri I' 11: The Honorable Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Ii: i " " Re: Ernest Walter v, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing License Suspension Appeal Docket # 2000-353 Civil Term Dear Judge Oler: ,'," '.', '," Please be advised that I represent Mr. Walter in the above-captioned matter. A hearing is iicheduled before Your Honorable Court on March 31; 2000 at 1 :30 p.m. I received communication from a family friend on February 4, 2000 that Mr. Walter has passed away. His obituary appeared in the Patriot News on February 7, 2000. Accordingly, I will be filing a Praecipe to Withdraw the license suspension appeal. If you have any questions or comments, please feel free to contact me. Thank you for your consideration. ", ',,', Sincerel}!, ~ DavidE Hershey ': '..\. " DEH:tlk " . cc: George Kabusk, Esquire :.~ .; '1_, ",....-1'. "':," FEB - 9 2000