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Home My WebLink About00-02168 v. IN THE COURT OF COMMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. to / ;).{{p't ~ COMMONWEALTH OF PENNSYLVANIA, Plaintiff DAVID C. WAGNER, Petitioner/Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this J3+h day of R pr',L 2000, upon consideration of the within Petition to Appeal License Suspension Nunc Pro Tunc, a rule is issued upon the Plaintiff, the Commonwealth of Pennsylvania, to show cause why the Petitioner/Defendant, David C. Wagner, should not be permitted to appeal his license suspension under 75 Pa.C.S.A. !l1786 (a) regarding an allegecl lapsed insurance under the Pennsylvania Motor Vehicle's Financial Responsibility Act. Rule Returnable 2.0 d.a.y.'\ ntl-e r Serv i ~e. By the Court: LS/~nlfm s;f,1doflrJ J. A~r:~r:'VED APR 17 2000 "'- "'-""'~".. I')J!n'RIOT ~TmRNJ;Y'1; t'l1=!:l~" - '-,-.' , ' . lli1iiifJij'~ffii1#l;r0.iJ~1~zn::;g{;#X~;;"~ffg;rm~~~~~;1l?"1';re::-'- __I ~ g> ~Z ~tl ~~\O ~~Z ~ ~ 'f'"ii"" B ~ t'J1 ""'? (j') ~\~ "'() ..,. '1 i ll"", ",:->" I -~ , i~~ t~gg ijj n S '" ~ 0 tT' rt h'l- C {tl H (b H H ..... P rt I-' n (I> p" Q) rt i 0 ::l fd >' .,. P> "- '" rt ',..- lD n rt 'j.;..> 0 0 C:Zg~ ~ C rt {tl ,W III '-< '-< ~ ~ ~ ..... .... '~ '"" 0- lD H rt ~i;{i~~~:i~\:t~1ijli~;:;~~~?,f:0~~:k"t~1i~J':;'1~ 'tl ii' \~ I :J '~ \1 , ',' I ! ~' ~~'i ~tr:tJ]i&f:&~1i#E;t~L'~6~ri5<1;~~}}!;'~L&J.iti$:S&~%~ '~.,.,_-o '+ 'k'1iI j,I< ~ ',," '.,- -,?""~"~'- ., <,. ,", >."'""'~"-,,-,.,. ':1 ~..., . [' '.' """'I'iliilf' 1" "jMfll~f'r'i' ;c,':f;Niiii%,(;1!;l"'Il""itr',j["iIl",~,!l2f;;r!1il&S;Ill)~i}II,WI!llkil,~~ ~~ .1 1l! \1' ~, '~, ., ,'c, ~.",,,, I I I t f I I, I' 11 I, " " " ~; !, , t i l fr " f, :;c Ii f: ~i f ;ji :f j'! r I', :".'. " ~ 6~ ~I iJt ~( ~,r,', tl l I I , t t ,,,# . I COMMONWEALTH OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DAVID C. WAGNER, Petitioner/Defendant CIVIL ACTION - LAW PETITION TO APPEAL LICENSE SUSPENSION NUNC PRO TUNC To The Honorable Judges of this Said Court: AND NOW, comes the Petitioner, David C. Wagner, by and through his attorneys, Pannebaker and Jones, P.C., and respectfully represents as follows: 1. The Petitioner/Defendant, David C. Wagner, is an adult individual who currently resides at 310 Para Avenue, Hershey, Dauphin County, Pennsylvania 17033. 2, The Petitioner is the owner of a 1991 Jeep Cherokee, with VIN 1J4FJ58S1ML622504 and automobile insurance LPA 799225605. 3. The Petitioner's vehicle was insured by Integon Insurance, a division of Geico Insurance, Co., located at 500 W. 5th Street, PO Box 3199, Winston-Salem, North Carolina 27102. 4. The Defendant's insurance was effective from March 13, 1996 through September 13, 1998 without a lapse in coverage, from September 28, 1998, through the present without a lapse in coverage, --'" -- ", ~ -. . - !. ~ ~ See copies of the November 30, 1999 letter and the November 29, 1999 letter from Tammy Tyson, a customer service representative from Integon Insurance and the November 17, 1999 letter from Melinda Davis, a customer service representative at Geico, attached hereto and marked as Exhibits "A," "B," and "C," respectively. 5. There was a sixteen (16) day lapse in coverage in Petitioner's insurance policy from September 13, 1998 through September 28, 1998. 6. Under 17 Pa.C.S.A. ~1786(a) and (d) (i) of the Pennsylvania Motor Vehicle Code for Financial Responsibility, every vehicle must be covered by insurance, and the Department of Tran~portation shall suspend a vehicle registration for three (3) months if a driver fails to have the required financial responsibility for a period of more than thirty (30) days and the owner did not operate the vehicle during that lapse in financial responsibility. 7. The petitioner was unaware of the lapse in his motor vehicle insurance coverage and supposed suspension of registration by the department until he was stopped by the police on November 17, 1999, as a result of an expired inspection sticker on his Jeep Cherokee. The Petitioner was given citations for his expired inspection sticker, driving without insurance coverage, and driving with a ~, -, suspended registration. See copies of the Citations attached hereto and marked as Exhibits "D," "E," and "F," respectively. 8. The Petitioner pled guilty to a violation of 75 Pa.C.S.A. ~1786 and 72 Pa.C.S.A. ~1371 of the Motor Vehicle Code, not knowing the consequences of his guilty plea, as he was unrepresented by counsel, and the time period to pay his fines was rapidly approaching. 9. At the time of the notice of Petitioner's license suspension to which he filed a timely appeal, the appeal period for his underlying conviction under 75 Pa.C.S,A. ~1786 for the lapse in insurance coverage had expired, and he had not yet received the paperwork from his insurance companies regarding proof that the temporary lapse in coverage was for less than thirty (30) days. 10. The Petitioner filed a timely license suspension appeal in Dauphin County, and by Order dated February 28, 2000, Judge Scott Evans stayed the suspension pending a hearing, which was continued and rescheduled for June 1, 2000. See copies of the Petition and Orders attached hereto and marked as Exhibits "G," "H," and "I" respectively. 11. The Petitioner's conduct was non-negligent under the circumstances. ..--! .~ -.. .- , - 12. The Commonwealth would not be prejudiced if the Petitioner's conviction of driving with an expired registration is appealed based on his temporary lapse in insurance coverage since it was less than the statutory requirement of more than thirty (30) days under 75 Pa.C.S.A. ~1786 and he would not have been convicted of such violations. 13. Further, since the Petitioner's lapse in insurance coverage was only sixteen (16) days, which is less than the statutory requirement of more than thirty (30) days under ~1786, this Section is not applicable, Petitioner's license was improperly suspended for three (3) months, despite his guilty plea to a charge that he could not have been convicted of. 14. Further, the petitioner did not violate 72 Pa.C.S.A. ~1371 of the Motor Vehicle Code, which provides for a suspension or revocation of a driver's license if the individual drives while the registration was suspended because Petitioner's registration was improperly suspended under ~1786. WHEREFORE, the Petitioner prays this Honorable Court to grant the relief requested and granting the Petition to Appeal License Suspension Nunc Pro Tunc. ~ "":'" I --~ ~ ~ ~"'~ . :nss Petitionnunc 16490 " By: Respectfully submitted, Pannebaker and ' ones, P. C . Peter R. Her, I.D. 44873 4000 Vine Stree Middletown PA 1 057 (717) 944-1333 ~IOV. 30. 199'3 ll: 471'1" IMTE~ ~RloI<ITING '~...I?OOl:i. I t NO.663 P.2/3 11/30199 Pennaylvenla o.pertment of Tranepotlation BUreIllI of Motor VehloI.. PO Box 88874 Haniaburg, PA 17108 Peracnaf Auto POlicy Number EtrectiWI Oetee: LPA 79922S6 ao 03f1319lS-09J13/98 Policy Holder: Add,....: o.vtcI C. Wegner 310 Pn Ave Herahey, PA 017033 To Whom It May Concern: Thie Is to notify lhtI StlIliI of PenlllylVllnlll thltthe above policy Mnt Into effect 03113198-09113198. The policy II CUlT8nt!y In force and thenI have been no Iapeee In CClVtl'8ge. All cencellllllone to date are relnatl.l8d without a 1apIa. The foHowtng lMhIcIe(e) lain ClOVe"': 1991 J..p Cherokee VlN .,J4FJ68S1MI.8225D4 If any further Info""atIon Is nlldecl, pIeaae contact our Customer Service Depal1ment at 1-80()" 227-4018. Regards, ~~ Tammy Tyson Customer Service Repre..nll.llve Pennaytvanlll UndeIWl'ftIng BOO W FIfth Street . PO Box 31lil8 · Wnltan-8allm, Ne 27102-31l1l1. TIl338-77~OOO """ 1 100 ZU UU 10 0.". _.",., U/JOIt. 10lU AN ..,. 2 EXHIBIT "A" ,--""" , " NOV.3e.l99'3 11:48R1 INTEGai LNDERloi<ITING ( I /'().663 P.3/3 ~r-:aC)~ 11/19199 Pennsy"'-nla Depertment of Tr8nspartatloil Bureau of Motor VehlCllle PO Box 88874 Han1eburg, PA 17106 Pentonal Auto PaIIcy Number etrecttv. Oates: LPA 7lHl2258 oa 09113/98.03113/99 Policy Holder: AddI'8ll: DavId O. w.;ner 310 Para Ave Henshey. PA 017033 To Whom It May Concem: ThI8 I. to notify !tie Sbtla of Penl18y1Y11nls!hlt the above policy went Into etrect 09I28198-11/10J98. TlIepolGy IsCUlNntIy In _ and Iher8 htve been no .. In coverage. All c:ancelIatIol18lD _ ... reInstafacf WIthout allpee. 1lle fr:lIIcwlng Whlcle{.) lain cowred: 1991 Jeep Cherokee V1N fI, 1J4FJa8S1ML822804 If .ny further Information Is nSlded. .Ie contact our Customer Service eep.rtment at 1-800-227-4018. Reglrd., ~~ Timmy Tyson Cu"Dmer Service Representative PennsYlvania Underwriting nu:IlI 1 lOa U4 ..:u fQ D..... -.'''.r UIlO", LO I U AM .... 1 EXHIBIT "B" ~ ~ 11;,11,111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111III 11.-13/99 OS:H FA! , ' , iii 02 I III""",",H" II '''CD " , , ,',", ' '.." 'I' " ' ) ';", ii " !i, ! , ' : '~ ' I Oae GElCO Bl...t, F....iH~ VA 22-412-0001 · Oo\~",', :A EQlpJa,..:1aIaIIIce 'C~..t-u7 · OEICO 0.11IIII__ c . f · OEICO r"~ :' "l" 1 -,.. , 10, i . GEICOC~r- ~ C ~ November 11, 1999 DAVID C WAGNER GAIL L WAGNER 310 PARA AVE HERSHEYPA 17033-1371 Policy Number: ~22.()4-24-0 To Whom ,It May Concem: This letter 18 to verify that contIn,uouellablllty coverage has been In effect for DAVID C WAGNER AND GAIL L WAGNER effactlve September 17, 1999 to the praaent. Vehlcle(s) covered: 1991 JEEP CHER LARED. 1J4FJ5881ML822504 1994 MAZDA PROTEGE LX- JM1BG2281R0714122 Sincerely. ~':/~ Melinda Davia 1-800-841-3000 Customer SeMce AM N()'q: JII.E.\lqi! ~_ THIS LETTER AI PROOF OF COV!IWJE FOR tHE DEPARTM!NT OF IIOTOR ~ALONG WlTHYOUR I.D. CARD. EXHIBIT "e" '~ , ,'-';-- "., ." , . ~" . ,I' 1."'0':" ci~A., . ",,"notr/les.sn<)l"~Name&A.ddTess " '<.'.'0:.,.;: \. ..... ~,. ,- , I , I 0..,. ",. DMufmurn~Limi~ O~~~~lredto~~ o Cartlcrs:t OrYwins OStOf)S!zrs&:YieldSip. " ~&CCl'tifjnDO"'ofTItlctR.~ed - .~ OOrm.l1cVmieltu~cSpced' ". tJab~~ir~.'. O",=~C~ud~ - , OO~O(Vehidt!'~OflId:aJ~orr~ "'.' ODmirlc~-6~~'if~'QrRr..,lted' l ,'" "> o om.- '". ~ > - ~ b,. ~ -,,;.,.....~.. . 2S.~W<"e'of~ . '1';':' ".,.,,':..0 O~_MPH A/IQwed_M?H 0 OO~VehK.Ie,~Expinclln~ OOp&'~V OO~VtilldewiUl'~Uco:nSe' , O~6H':t..Code Oom.- Ex '.j< ',','.{,I: :c:'(..~i;; '=".~" , :.,~. .....,.,. 'OCloc:bd '0"-0.1,'" C]Vuar o~ witbQut Valid Uc-. ( p<:n.~Unrihstfir~l/~" .'.'~ ' , ~ , "'. OM~cnlnfQ.R~ , , ,..'JIr::' ~ ." , , .",~..: '.' ,-- , ;'" .....'r ';., . "'Cd \ , , " '" ii""ft~':;-~ . i ./ COMMONWEALTH OF PENNSYLVANIA -; , ~ I ~ c ITA-rtON/suM MONS CITATION NO. A2351523-6 I I i I "', " Ii !I " 1" I", , .t I. ! t umber ".'" . Ownerllessee or umer Name & Address O~:imumSpeedllmiU DDrivel'"$~eqUkedtob(l;U'e~' o"~ieSS'Dr;...lng o Smp Signs & r.eld Signs ..' D Reg,mntlol'l8< Certification of Title Required O'Dl'Wir>.s;Vdl;ck!:ttstfeSpHEl'~ OUntawfu.~t;:$ . DT~~-Contr01S~ .. 0 Operation olVifflfde wiihollt 0fI'k1al Ceroflcaoo of Inspeaicn .OOmins:WMe"'~~n'!Privil~idw:pe~d~o..'R~YOk~ ' .:". . ';. . ' , ~",.cRr:iZAH{)N FouGW.LJ:/G- DJJP(,N:' 2E rJ .25. Natu~ofOlrens.e ORadar DOodced OA.O.V, DSpee<ling_MPH Allowed_MPH De5P OVuQr OOther o OperuejV~ ~ith e:xplred1nsp<<tlon ,0 Opentedyetude~.VaHd l:lcen$f', o OpernedVehicl. with SU~oked UCfilSe' IfJ Opented Unregistl!red Vehl'cle , , ! ! r,.,.~. ~.., L' '::0..- I , l o Fi~ on Info, RIIC~iv~ . ::"!':-~ . .:.'. We r" .. .; . l - .~, -''''....';.: . ~ ~ f~ . ~ ~ " .7.,.~"o>~,_~ . ~ 1M.... D""",N~ CITAr-f /SUMMONS I i i " ~i I' II II I' 'f' :t I i CITATION NO. A2351523-6 ,. ..:.-,y 0.", DMaximUIIISpeedumits ... DDriverSl!>equlred~~'be"~c~":' (J~lessDriYIlIl . DSmpSigns&YreIdSiWls ._ _ ORe&fsridOn&~rtlfiatlonofTltleRequired ' .000rlVl!llVehide:ats,!eSpeed []untawfulAc'tMtits OTrafllycontrOls~ak OOperationofl/ehldewiihoutOfliclalCertlflWeoffmj:lectlon ,_,' '_.; "Z~M7~~7':d~4GW.LV~ '0/:;,1(";5, ~ 2E: Nawi'1!:ofOlfen$e - D~ OQocked, OA.O,v., o Speedlng_ MPH A1lowed:- MPH O~p OVascar DOther o Operated Vehlcle ~ Explrecllnspec:tion 0 Opemed Vehicle without.YaJld UcellSe', o Operated Vebkfe ~ SuspendedIRevoked Ucense . ofopel'ateG Unrellnerid Vehkle i RIf.49 CFR VI- () r/l:r;</c "llviJt'? ~ , , , ! , 11:-'""" t ,"0,25. L I , I 1 I ! i fJ ".J.CP. :' 34.TOTAL DFlledonln(o.~ " 'f '. ,i ,.;,._.~..,...,.>:: . ~ f"' '-- ,RECE:\/EO J-!i4R 2 4 2000 DAVID C. WAGNER THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT A TION NO. 267 S 2000 ORDER AND NOW, this d;J. day of filed in the above referenced matter is: fVJ IJI? C H , 2000, the appeal REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED, WITHDRAWN. CONTINUED AND RESCHEDULED FOR THE I DAY OF -JVIV L ,2000, AT ~'. ~o A- .m., IN COURTROOM No.2 OF THE DAUPHIN COUNTY COURTHOUSE, HARRISBURG, PA. MAR 2 2 2000 I he'~JY (;()rt'~'l that th~ icqoinQ is a tlUfi and,..;orract cOP'! .~d tole ong, mal moo. ) f . :-3P,w c!-. + (j.YL~ Prcttlcr.otary x BY THE COURT: ATTEST: Copies to: Stephen S. Stokwitz, Esquire, Office of Chief Counsel, P.O. Box 8212, Harrisburg, Pennsylvania 17105,8212 Peter Henninger, Jr., Esquire, 4000 Vine Street, Middletown, PA 17057,3596 ,(. , I G " '-'-', , , , , ~, ..--,>, COMMONWEALTH OF PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO. Ol..o ( S &000 DAVID C. WAGNER Defendant CIVIL ACTION - LAW PETITION TO APPEAL LICENSE SUSPENSION AND NOW, comes the Defendant, David C. Wagner, by and through his attorneys, pannebaker and Jones, P.C. , and petitions this Court as follows: 1. The Defendant, David C. Wagner, is an adult individual who currently resides at 310 Para Avenue, Hershey, Dauphin County, Pennsylvania 17033. 2. The Defendant is the owner of a 1991 Jeep Cherokee, with VIN 1J4FJS8S1ML622504 and automobile insurance LPA 799225605. 3. The Defendant's vehicle is/was insured by Integon Insurance, a division of Geico Insurance, Co., located at 500 West Fifth Street, PO Box 3199, Winston-Salem, North Carolina 27102-3199. 4. The Defendant's insurance was effective from March 13, 1996 through September 13, 1998 without a lapse in coverage, ~ > '" ' c, I"~' , , ~, , , ~ and it is his current policy. See a copy of the November 30, 1999 letter from Tammy Tyson, a customer service representative for Integon, attached hereto and marked as Exhibit "A." 5. The Defendant's insurance was also effective from September 28, 1998 through November 10, 1998 and there were no lapses in coverage. See a copy of the November 29, 1999 letter by Tammy Tyson, a custvmer service representative from Integon Insurance, attached hereto and marked as Exhibit "B." 6. The Defendant's insurance was also effective from September 17, 1999 to the present, and the coverage was continuous. See a copy of the November 17, 1999 letter from Melinda Davis, a Customer Service Representative at Geico, attached hereto and marked as Exhibit "C." 7. There was a sixteen (16) day lapse in coverage from September 13, 1998 through September 28, 1998. 8. 75 Pa.C.S.A. ~1786(a) under the Pennsylvania Motor Vehicle Code for financial responsibility requires that every vehicle be registered under that title and be covered by financial responsibility. Further, U 786 (d) (1) provides that !. ~"'1'" " , "the Department of Transportation shall suspend the registration of a vehicle for a period of three (3) months if it determines the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant for a period of three (3) months if the Department determines that the owner or registrant has operated or permitted the operation of a vehicle without the required financial responsibility." However the subsection does not apply when: 1, "The owner or registrant proves to the satisfaction of the Department that the lapse in financial responsibility coverage was for a period of less than thirty (31) days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse in financial responsibility." 9. The Defendant was unaware of the lapse in his motor vehicle insurance coverage, until he was stopped by the police on November 17, 1999 as a result of an expired inspection sticker on his Jeep Cherokee. -~ ,~.- ~ ""- ~ c__- ,~~-. . 10. Since the Defendant's lapse in insurance company was less than the statutory requirement of thirty (30) days, U786 is not applicable, and Defendant's license was improperly suspended for three (3) months. 11. Further, the Defendant did not violate 72 Pa.C.S.A. ~1371 of the Motor Vehicle Code which provides for a suspension or revocation of a driver's license if the individual drives while the registration was suspended because Defendant's registration was improperly suspended. 12. The suspension should be stayed pending the Appeal. WHEREFORE, the Defendant prays this Honorable Court to grant the relief requested and stay the suspension pending the Appeal. Respectfully submitted, Pannebaker and Jones, P.C. By: ~.) . :4!!i!J?~uua~7 Peter R. Henninger, Jr. I.D. 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 " ", 'v~ VERIFICATION I verify that the statements made in this petition to Appeal License Suspension are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S,A. g 4904 relating to unsworn falsification to authorities. D~ Wagner :nss Petition 16490 .~ . - . CERTIFICATE OF SERVICE A copy of the foregoing Petition to Appeal License Suspension has been served by sending a copy of record to the Plaintiff: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg PA 17104-2516 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this ')t/jI.J day of J I ^"\...- 0''1 JC(^,~"-; , 2000. PANNEBAKER AND ,JONES, P. C . Attorneys for Defendant BY:/~ Peter R. Henninger, Jr. I.D. 24415 4000 Vine Street Middletown PA 17057 (717) 944-1333 " ~- , . . ' . . ., . " '. , ~ RECEIVED MAR 0 1 2aoo COMMONWEALTH OF PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO. ClCD'7 ~ a c::J:)O DAVID C. WAGNER Defendant CIVIL ACTION - LAW ORDER AND NOW, on this '~'1? day of ~e.6-,...c,..~LI is hereby ordered and decreed that a Hearing is scheduled for , 2000, it the d-"d.. at q:~O day of ~c..1A , 2000, in Courtroom No. ~ o'clock, ~. at the Dauphin County Courthouse, ,Front and Market Streets, Harrisburg, Pennsylvania. IT IS further ordered and decreed that the suspension of the Defendant, David C. Wagner's automobile license shall be stayed pending this Appeal. By the Court c ,A~ ~ {. -2. C' J. .... tt" I I I " """,.. '" ,~..-".J1____"'~,_, RECt::',::J i!,\R 2 4 2000 DAVID C. WAGNER THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NO. 267 S 2000 ORDER AND NOW, this d ~ day of filed in the above referenced matter is: jVJlJ~CH . 2000, the appeal REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN. X CONTINUED AND RESCHEDULED FOR THE I DAY OF 0VN L .2000, AT ~'.?>o ~ .m., IN COURTROOM No.2 OF THE DAUPHIN COUNTY COURTHOUSE, HARRISBURG, PA. MAR 2 2 2000 i 1;1'1''" '...,. ctr::-"',j t:1St th2 ~Ci".::.J01;1g IS a ;{~~ an'd "~orn3ct CCPY:ti ~.:a ariginal HIed. f J \ . ~:JtXJ e,. /+bu.,wJ Prct:.t~ot:irJ BY THE COURT: ATTEST: Copies to: Stephen S. Stokwitz, Esquire, Office of Chief Counsel, P.O. Box 8212, Harrisburg, Pennsylvania 171 05,8212 Peter Henninger, Jr., Esquire, 4000 Vine Street, Middletown, PA 17057-3596 \ "'1.." 't:_,,, "" . CERTIFICATE OF SERVICE A copy of the foregoing Petition to Appeal Nunc Pro Tunc has been served by sending a copy of record to the Plaintiff/Respondent: Pennsylvania Department of Transportation Office of Chief Counsel Riverfront Office Center, 3rd Floor Harrisburg PA 17104 and District Attorney, M.L. Ebert Cumberland County 1 Courthouse Square Carlisle PA 17013-3387 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this day of . 2000. PANNEBAKER AND JONES, P.C. Attorneys for Petitioner By: Peter R. Henninger, Jr. I.D. 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 \. :,1_ COMMONWEALTH OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tt) - dlfp~ ~ DAVID C. WAGNER, Petitioner/Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this I J -, day of .4-1''', '; 2000, upon consideration of the within Petition to Appeal License Suspension Nunc Pro Tunc, a rule is issued upon the Plaintiff, the Commonwealth of Pennsylvania, to show cause why the Petitioner/Defendant, David C, Wagner, should not be permitted to appeal his license suspension under 75 Pa. C. S .A. !l1786 (a) regarding an alleged lapsed insurance under the Pennsylvania Motor Vehicle'S Financial Responsibility Act. Rule Returnable iUJ ~J o/tv- JVl/I'U.- By the Court: f' tiiL ~ ~ ^:v>> 0 tpr ~_\~-O ~t<:> "l I ~, - ~~" , - '" ~T ~",- rll;.<'!\"~._,"", ~~ " 11':' ~ ~/'f\j',/,n (01' 'N'~..1 \~I VI \ '-"'v \jj '::11.... 'L""(',"'" n" "" .~ ^ j\;: 1'-".',-./ ,1;':;,-;" !,'~.!_;qIA!nl ") .,..,.,-;/', IV ou :8 !--!;j 'd " I'f 01" "iOCI~.j) (\il~'lS!~,i:~,::i _,~,',;."", "J, :/-J L,L'"':]~;'Ci """. ~^ ~,=,.~~ .,.,,,J '''." ,~" - " '" . ".", -~ y","-.- A' ,,",_I,, ~ ",,-.~!If, ~l!!'l~~!'I!!'.~_.._ -",:.' ,_J ;">d~~If';L&i';"[''rilt..;-,,- - IY :'l!ff,q <~~~~~~..~.' v. IN THE COURT OF COMMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA {Hj, ;l/f..,f ~ ~ COMMONWEALTH OF PENNSYLVANIA, Plaintiff NO. DAVID C. WAGNER, Petitioner/Defendant CIVIL ACTION - LAW PETITION TO APPEAL LICENSE SUSPENSION NUNC PRO TUNC To The Honorable Judges of this Said Court: AND NOW, comes the Petitioner, David C. Wagner, by and through his attorneys, pannebaker and Jones, P.C., and respectfully represents as follows: 1. The Petitioner/Defendant, David C. Wagner, is an adult individual who currently resides at 310 Para Avenue, Hershey, Dauphin Cou~ty, Pennsylvania 17033. 2. The Petitioner is the owner of a 1991 Jeep Cherokee, with VIN 1J4FJ58S1ML622504 and automobile insurance LPA 799225605. 3. The Petitioner's vehicle was insured by Integon Insurance, a division of Geico Insurance, Co., located at 500 W. 5th Street, PO Box 3199, Winston-Salem, North Carolina 27102. 4. The Defendant's insurance was effective from March 13, 1996 through September 13, 1998 without a lapse in coverage, from September 28, 1998, through the present without a lapse in coverage. ., I f<4o ~,; ~l:IO ,1" . ~ ~"' See copies of the November 30, 1999 letter and the November 29, 1999 letter from Tammy Tyson, a customer service representative from Integon Insurance and the November 17, 1999 letter from Melinda Davis, a customer service representative at Geico, attached hereto and marked as Exhibits UA," UB," and UC," respectively. 5. There was a sixteen (16) day lapse in coverage in Petitioner's insurance policy from September 13, 1998 through September 28, 1998. 6, Under 17 Pa.C.S.A, ~1786(a) and (d) (i) of the Pennsylvania Motor Vehicle Code for Financial Responsibility, every vehicle must be covered by insurance, and the Department of Transportation shall suspend a vehicle registration for three (3) months if a driver fails to have the required financial responsibility for a period of more than thirty (30) days and the owner did not operate the vehicle during that lapse in financial responsibility, 7. The Petitioner was unaware of the lapse in his motor vehicle insurance coverage and supposed suspension of registration by the department until he was stopped by the police on November 17, 1999, as a result of an expired inspection sticker on his Jeep Cherokee. The Petitioner was given citations for his expired inspection sticker, driving without insurance coverage, and driving with a ;'''oj'' """" -= " I - suspended registration. See copies of the Citations attached hereto and marked as Exhibits "D," "E," and "F," respectively. 8. The Petitioner pled guilty to a violation of 75 Pa.C.S.A. ~1786 and 72 Pa.C.S,A. ~1371 of the Motor Vehicle Code, not knowing the consequences of his guilty plea, as he was unrepresented by counsel, and the time period to pay his fines was rapidly approaching. 9. At the time of the notice of Petitioner's license suspension to which he filed a timely appeal, the appeal period for his underlying conviction under 75 Pa.C.S.A. ~1786 for the lapse in insurance coverage had expired, and he had not yet received the paperwork from his insurance companies regarding proof that the temporary lapse in coverage was for less than thirty (30) days. 10. The Petitioner filed a timely license suspension appeal in Dauphin County, and by Order dated February 28, 2000, Judge Scott Evans stayed the suspension pending a hearing, which was continued and rescheduled for June 1, 2000. See copies of the Petition and Orders attached hereto and marked as Exhibits "8," "H," and "I" respectively. 11. The Petitioner's conduct was non-negligent under the circumstances. "if"~ - ~-, 12. The Commonwealth would not be prejudiced if the Petitioner's conviction of driving with an expired registration is appealed based on his temporary lapse in insurance coverage since it was less than the statutory requirement of more than thirty (30) days under 75 Pa.C.S.A. ~1786 and he would not have been convicted of such violations. 13. Further, since the Petitioner's lapse in insurance coverage was only sixteen (16) days, which is less than the statutory requirement of more than thirty (30) days under ~1786, this Section is not applicable, Petitioner's license was improperly suspended for three (3) months, despite his guilty plea to a charge that he could not have been convicted of. 14. Further, the petitioner did not violate 72 Pa.C.S.A. ~1371 of the Motor Vehicle Code, which provides for a suspension or revocation of a driver's license if the individual drives while the registration was suspended because Petitioner's registration was improperly suspended under ~1786. WHEREFORE, the Petitioner prays this Honorable Court to grant the relief requested and granting the Petition to Appeal License Suspension Nunc Pro Tunc. 0:""1"1'"_'" 1-- . ~ ,._~ " ~, ~~ :nss petitionnunc 16490 -"-,\,'-'r~ > By: Respectfully submitted, Pannebaker and Jones, P.C. ~'m~ Peter R. H nninger, . I.D. 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 - -. NOV.30.193'3 11: 471'f1 INTEGCrl LNDE~ITING ~..~OO.t:!.. ( i NO.663 P.2/3 11130199 Pennaylvanle Deplll'tment of Tl'lneportatien Bul'8lIu ofMator Vehlcl81 PO Box 88874 Harrleburg, PA 1710B Personal Auto Pellcy Number E1l'ectiv8 0..: LPA 7992258 00 03I13J9!1.09113/96 Policy Helder: AcId,....: 0evIcI C. Wagner 310 p.,. Ave Hershey, PA 017033 To Whom It May Concern; This Is to notify the SbItIJ of Penl'llyrvam. thlt the abcve policy went Into effect 03113198-09113198. The policy 18 CUlT8nt!y In force end theN have been no IapIea In coverage. All cancellttlone to date 818 I8InstIted without a 'apse. ' The foHOWIng vetllcIe(.) Ware CCMI"': 1891 Jllep Cherokee V1N ',J4FJ68S1M18228Q4 If any further Infonnatlon Ie nleded. pJeue contact eur Cuetomer Selvlce Department It 1-8ll()" 227-4018. Regards. ~~ Tammy Tyeon Customer SelVlGe Repreeall~6... Pennaylv1lnla undelWl'ltlng 600 W FIIItl Street . PO Box 3188 · Wnstan-SaIem. He 27102-3108 . TIl338-77~OOO n(It 1 100 U4 "22 TO o.v. r.9I\lt U130/11 10141 AM '19. 2 EXHIBIT "A" -'''''''''''f-- ~- ~, ~ Il!':J . _ ,~, ,. """'_n' NOY.30.1999 11:48RM INTEGON UNDERWRITING ( ( t'().663 P.3/3 ~GO~ lIm'" PenMYllllnleDepartment of TraMpartstIon BU,.u of Motor Vehlctee poBox 88674 Hameburg, PA 17106 PlltlIonal Auto Policy Number Etrectlve Dates: LPA 7892258 oe 09113/98003113199 Polley Holder. AdcIresa: D8YId C. Wlgner 310 Para Ave Hershey, PA 017033 To Whom It May Concem: ThIa lato notJt'y Itte a_or Penna~nla that the above peRcy went Into etI'ect 09128198-11/10198. 1l1epolGy II Cllfl'entIY In force and ~ have been no !ape.. In coverage. All canceII_na to date IN relnltatecl without. Iapee. The following vehlcle(l) Isla,.. covered: 1991 Jeep Cherokee VlN # 1J4FJMS1ML822804 If any further InfcnnatJon II nBlded, plea.. contact our Customer Service Depllrtment at 1-800-227-4018. ReglJrcfll, ~~ Timmy Tyson . Cultomer Service Repreantatlve Pennaylvanla Underwriting ",ac l 100 au uat ",0 tlt.... -"91\.1 unOI1' \01" >>I '19_ :) EXHIBIT "B" ,,"~~ ~ " ~~ ~~!'lIl' "'" ~~~~~~. ~,..~,,..-=, ~-,.~ il:,lliilllllllllillllllllllllllllllllllllllllllllllll1111111111111111111111111111111111111111111111111111111111111111,111111111111111111111111111111111111111111111111111111111111111 11/ 18/99 O~: H FA! i iii 02 , I ."""',".'.. "1"'11"':''',''111'''',''''',' ;" :: :: ':"'-, I l;!::in~i 1:i::.:!: I.. ' ,: ,',1, i ODe GElCO a1wt,iF"~VA.224J2-OllOJ I ao"Ml L.\IIEa1p~ '-*-~_7 I q~co 9--.1 IaIunaIce C .' R'I · G$ICO~-R..I ,.l7,~--a~ ,I'H~. . GElCO C...Jiy'.......'~ November 17, 1999 DAVID C WAGNER GAIL L WAGNER 310 PAAA AVE HERSHEyPA 17033-1371 Policy Number: 522.Q4-24-0 To Whom It May Concem: This IetIer Is to vertfy that c:ontInuoUJ liability coverage has been In effect for DAVID C WAGNER AND GAIL L WAGNER effective September 17, 1998 to the present. Vehlcle(a) covered: 1991 JEEP CHER LARED - 1J4FJ58S1ML622504 1994 MAZDA PROTEGE LX - JM1BG2261R0714122 Slneerely, ~~~ MelInda Davia 1-800-841-3000 Customer Service RM N~: PLEAIIE RETAlNTHII LETTER" PROOF OF COV!RAGE FOR 1HE DEPARTM!NT OF IIOTOR VEIfIC:L.D. ALONG WITH YOUR I.D. CARD. EXHIBIT "c" -,~ ._~ , , . ~ ~ " . r",\ I I o ---_._-_.._----~. J. *' '. . ~' : ," , -.- ,.' CITATION/SUMMONS ," -~ CITATION NO. A,2aS1524"';O . o. , . _. ~ umber. 3. Add 4, rlverNum r Of 'T~j"~_~\,:;,t~ \'\~~i~~~~,~; 23. 0Wnerll.essee orcmterNat:ne&AtM-ess "'.-,*l1::,.<:,::i' -D,.,"',.',,',,'p~ ':, ','L,c:.:"'=,i",,:,~,u,.,~T __~'..'- VT;:.\';.-;-~' ,-- ,>" ~ o r1:m~m speecl_:!-!m~. " 't,~~.,e-;', DP':tie~',~~~ ~~~:~~~~~-d ~;,~,-'- b-"&;~1~'tiM~~~- D" '&Y1eRfS(h~.r'-~-':::':'O'~~a"n.' '~i1ltIciWo'l\ofirtfe'R '"(lli'ed ~-,' ,", ' . " ,_ '0- -'-eat'~-'fe~~';:!:r:.:n!(MI~~f:'-'''' -"""".;;a}'h1T;:a'itf:Co~~ S"~"aIs. 9,;1;' .. ~r.\ti~~aTt~!~i ,.-~~.,;.'f'~~P:J '{l~-,w."1<,.<_ !c~n'[~i6"" '"d;;efa&ip;:.JUj~1l~Jd'tjt.ii~bd--~~(' 'L-~;f",- ',-:> -',"f,-" "',.", ';'j,:,"--""':-"': ",' ';j-'."'. ",,'-.::- ' ),"; ,'-1, ~\\j, '31' ~~ ~~pf~~,~ti\ ~::.{1t(! -:,i1f;-:'(, ,_::~ :;i-t:.:..';,':'-~' I3Radar,-Dqo~ ,~OA.O.V.s ']1',: O~I'f~ MPH' AIlowel:l_ MPH OESP 'OVasar -DOdw Q"b~ V~ekwlJ!1'~ ~mpeCt!DJl'jp,o~:Yehlde:NitI]out..v~d U~M.5S ":"._.,,, o ~ed Veh~~'Su~n1fed/Re'v(ikecH:icense~ <:D-qpe,.ated'urir'ejJstllri.idVehid~ ~ <''-.}; :,i- [;lY.le~d6J. ~_Cc?d~:' D~ U c.,';' _",~,::-'" _"~'.' ;.,:'::~';:' '1.',;,_: :::iG 0",. '.';. Ref;49CFR_ ..;;,; '-,--'" :.-, ..18'-"" ." -~-'>:' "{~r'" 0" ;,-, " J)i' - .--.----- ---- -------_.-~_.---~ , . , / ~ \ f'''' ,,,,,- · .,. // COMMONWEALTH OF PENNSYLVANIA.:!.. . CITATION NO. : ~I' A2351522~5 . CITA1\ul''\I/SUMMONS H 7 .c.. o Z \ L ~i, i i CharJe, - - . _, ,'--,--0' , . - - -,. .'. OM3J(imlanSpeedumit:S ',_ '_.0." ,~redto'b4iU~'. _OearefessoriYlnz o"",_oY"~s; . - ,,' ,-","' ."""",..../"",.,,0(,;,) ,,"--,' 8~2&1~t~*'$~;.,:Q::~~~~~;<},~ 0"""" -_....: '.'-'.' ~-, '-'~ :~~.- "" r' .....~1r~1:.^" ,~,: ' . '. ~ ;<i'~;,i\. 25. Nawreof()fJense .;:. .;" ':':1-::- :-. -; ,';"'i~~l 0 0""""'-'- AlIoW<d-,-=M'H 0 o opemedVe~ide wi~_Expired I~ ,p o~v oopentedVen\c:\t;:wttti~u~e: - o vioiUed6H'a. Code 0"""" Ex 1':;V.iI.;l""ri.:,' "(",,,'J<:fU-' "., OClo<l<"',O,,-O.V., o Vascar OOOer withoUtValldLice~(' ~.-. pented urireilniied Veli~8 ~ .t~': :t"- ,-;\ " ,," -~- ' , ,,~-'" .../t: T 'oj'" " oJ" 1-61i -;'I'~~ ., ~"- - - # (-', \ J o " , I,-/.~. ~,.,. 1':', Q<~~ '. '". - ~ , .JI. COMMONWEALT~ OF PENNSYLVANIA ~ . '. , I -,..,' " " CITArf /SUMMONS CITATION NO. , A 2351523';';6 . '" 3~:,.-E;fI1.S'. :l'J f' """''-fiJ; ,.., C';*'~'B~2~:::~;HExp,;;:~,::~~~~~~Jt~~:;:~,~;;'":~ 3': ,COSTS' I D Operated Vebldtl' with Suspeiid8dlRe\tokedllcense ~ ". [] Op.eratOO Unregistered Vehtcle .3(.'-.J:Cj~.-;;1 , I, ...TOTAl; I , ' ,',' " - Ref,49};F~ ilI tJ Hlv./f:! ~'tv tJt r1":'y, '1"'.' ~ >.' >. t,,~ I ,"", Ii Ii. .~-,-.;.' :,\.,j! .> f~ '0""" ~_. c c 0',.. ',-- .{, " '~-""1""' RECEIVED MAR 2 4 2000 DAVID C. WAGNER THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NO. 267 S 2000 ORDER AND NOW, this d,;;1 day of filed in the above referenced matter is: fV) 81< C H , 2000, the appeal REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUST AINEDand the suspension which.is the' basis ofthis , appeal shall be RESCINDED. WITHDRAWN. CONTINUED AND RESCHEDULED FOR THE I DAY OF .JvtV L ,2000, AT <1::"0 A- .m., IN COURTROOM NO. '-.d... OF THE DAUPHIN COUNTY COURTHOUSE, HARRISBURG, PA. MAR 2 2 2000 I hereby certify that the foregoinQ !S a ... ... "''''''1'", ,onglnal filed. I. ~c. ~ ~otary x BY THE COURT: ATTEST: Copies to: Stephen S. Stokwitz, Esquire, Office of Chief Counsel, P;O: Box8212, Harrisburg, Pennsylvania 17105,8212 Peter Henninger, Jr., Esquire, 4000 Vine Street, Middletown, PA 17057-3596 't. , I G . , , c,.e.:. ,-,'..1_.. ..,:.;-- :~; z-:> ~'::: ::: t.;~~ i: \_!~.2 _~...::::' ~_. :C' ~~;- :-= cioc cr: n.. g - ::r.: ""- .... "., ("l? "..... ..-..I ~ = "'~-'~'1 "- ;" c,~ ~ o '-"~'TI - ._~ ',' ,"-- ,~"-"" - '^," ,--~.. ,~~-- "-~~~ ,,-" -~ ~"~- I~ '~ 0' C) " " nf1lymillffllliM'l ~.,.rw>-~!%1~~!fMQ'!IP!t~llrJ!.Rjl!~""'r~r",~',""_"'II!!li'! I COMMONWEALTH OF PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO. ~{ S &000 DAVID C. WAGNER Defendant CIVIL ACTION - LAW PETITION TO APPEAL LICENSE SUSPENSION AND NOW, comes the Defendant, David C. Wagner, by and through his attorneys, pannebaker and Jones, P.C., and petitions this Court as follows: 1. The Defendant, David C. Wagner, is an adult individual who currently resides at 310 Para Avenue, Hershey, Dauphin County, Pennsylvania 17033. 2. The Defendant is the owner of a 1991 Jeep Cherokee, with VIN 1J4FJ58S1ML622504 and automobile insurance LPA 799225605. 3. The Defendant's vehicle is/was insured by Integon Insurance, a division of Geico Insurance, Co., located at 500 West Fifth Street, PO Box 3199, Winston-Salem, North Carolina 27102-3199. 4. The Defendant's insurance was effective from March 13, 1996 through September 13, 1998 without a lapse in coverage, . ~, - ~-~~ i and it is his current policy. See a copy of the November 30, 1999 letter from Tammy Tyson, a customer service representative for Integon, attached hereto and marked as Exhibit "A." 5. The Defendant's insurance was also effective from September 28, 1998 through November 10, 1998 and there were no lapses in coverage. See a copy of the November 29, 1999 letter by Tammy Tyson, a customer service representative from Integon Insurance, attached hereto and marked as Exhibit "B." 6. The Defendant's insurance was also effective from September 17, 1999 to the present, and the coverage was continuous. See a copy of the November 17, 1999 letter from Melinda Davis, a Customer Service Representative at Geico, attached hereto and marked as Exhibit "C." 7. There was a sixteen (16) day lapse in coverage from September 13, 1998 through September 28, 1998. 8. 75 Pa.C.S.A. ~1786(a) under the Pennsylvania Motor Vehicle Code for financial responsibility requires that every vehicle be registered under that title and be covered by financial responsibility. Further, H 786 (d) (1) provides that ''''''''''~ "the Department of Transportation shall suspend the registration of a vehicle for a period of three (3) months if it determines the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant for a period of three (3) months if the Department determines that the owner or registrant has operated or permitted the operation of a vehicle without the required financial responsibility." However the subsection does not apply when: 1. "The owner or registrant proves to the satisfaction of the Department that the lapse in financial responsibility coverage was for a period of less than thirty (31) days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse in financial responsibility." 9. The Defendant was unaware of the lapse in his motor vehicle insurance coverage, until he was stopped by the police on November 17, 1999 as a result of an expired inspection sticker on his Jeep Cherokee. o.'if ,. _..~ ~..- -." .. ( 10. Since the Defendant's lapse in insurance company was less than the statutory requirement of thirty (30) days, U786 is not applicable, and Defendant's license was improperly suspended for three (3) months. 11. Further, the Defendant did not violate 72 Pa.C.S.A. ~1371 of the Motor Vehicle Code which provides for a suspension or revocation of a driver's license if the individual drives while the registration was suspended because Defendant's registration was improperly suspended. 12. The suspension should be stayed pending the Appeal. WHEREFORE, the Defendant prays this Honorable Court to grant the relief requested and stay the suspension pending the Appeal, Respectfully submitted, Pannebaker and Jones, P.C. By: ~/I~ Peter R. Henninger, Jr. I.D. 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 , ,,~, ~"r . "":'""- ,.. VERIFICATION I verify that the statements made in this petition to Appeal License Suspension are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. D~ wagn~r :nss petition 16490 C"" ~c CERTIFICATE OF SERVICE A copy of the foregoing petition to Appeal License Suspension has been served by sending a copy of record to the Plaintiff: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg PA 17104-2516 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this ;;;.!ji" day of jC(r'v~''',? , 2000. PANNEBAKER AND JONES, P.C. Attorneys for Defendant BY:'/~ Peter R. Henninger, Jr. I.D. 24415 4000 Vine Street Middletown PA 17057 (717) 944-1333 ''l'1~ , , . . - , '. ' . ,'. , , .. ~ . RECEIVED MAR 0 '1 2UOO COMMONWEALTH OF PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. NO. 8Cor"J ~ a C:r::JO DAVID C. WAGNER Defendant CIVIL ACTION - LAW ORDER AND NOW, on this ~"1S day of ~e.6-uCqLI is hereby ordered and decreed that a Hearing is scheduled for , 2000, it the d-d.. atq:.:::,o day of r1\<Mc irI , 2000, in Courtroom No. ~ o'clock, ~. at the Dauphin County Courthouse, ,Front and Market Streets, Harrisburg, Pennsylvania. IT IS further ordered and decreed that the suspension of the Defendant, David C. Wagner's automobile license shall be stayed pending this Appeal. By the Court C' A~ G-- {. -2. C' J. .... H-' t 1 '.,'"" ,,',' , ' I~-<- REC [;"'E:J it\R 2 4 2UOO DAVID C. WAGNER THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NO. 267 S 2000 ORDER AND NOW, this d;J. day of filed in the above referenced matter is: fV} IJI<CH ,2000, the appeal REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN. X CONTINUED AND RESCHEDULED FOR THE / DAY OF 0VN L .2000, AT '\ '. ~o It .m., IN COURTROOM NO. ~ OF THE DAUPHIN COUNTY COURTHOUSE, HARRISBURG, PA. MAR 2 2 ZOOO \ hC":J~r cerny that th~ T~~~:0ojnQ ~s a ~W~ and ~orract COPY'fl ;.18 angmal mad. I ) \ . ~ow c... d)I}:u.,w.) Prctncr.otlry BY THE COURT: ATTEST: Copies to: Stephen S. Stokwitz, Esquire, Office of Chief Counsel, P.O. Box 8212, Harrisburg, Pennsylvania 17105,8212 Peter Henninger, Jr., Esquire, 4000 Vine Street, Middletown, PA 17057,3596 """1-" "~;_.,!, ~_'~7'a -=~~. " :'1 <j jj i;1 '~,''''''''f1_ CERTIFICATE OF SERVICE A copy of the foregoing Petition to Appeal Nunc Pro Tunc has been served by sending a copy of record to the Plaintiff/Respondent: Pennsylvania Department of Transportation Office of Chief Counsel Riverfront Office Center, 3rd Floor Harrisburg PA 17104 and District Attorney, M.L. Ebert Cumberland County 1 Courthouse Square Carlisle PA 17013-3387 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this day of , 2000. PANNEBAKER AND JONES, P. C . Attorneys for Petitioner By: Peter R. Henninger, Jr. I.D. 44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 ~~~'" ./...... COMMONWEALTH OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 2168 DAVID C. WAGNER, Petitioner/Defendant CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE CIVIL ACTION To The Prothonotary: Please discontinue the above-captioned Civil Action, as this matter is being properly refiled as a Criminal Action with the Clerk of Courts as a Petition to Appeal Conviction under the Motor Vehicle Code Nunc Pro Tunc. To: Carmen Cri tini Eichman LD. 79738 4000 Vine Street Middletown PA 17057 (717) 944-1333 ~~~--oo Curt Long :nss Praecipe 16490 ,-- -,-I,", ~ 'n__.'"_'"'", ,'" -, ,'if' _-'~_ '" 'd' ,?__ "_~_"\" ,'","-> . - ~ " ../ ., < CERTIFICATE OF SERVICE A copy of the foregoing Praecipe to Discontinue Civil Action has been served by sending a copy of record to the Plaintiff/Respondent: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg PA 17104-2516 and District Attorney, M.L. Ebert Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 by depositing same in the United States mail, postage pr~aid, in Middletown, Pennsylvania, this &1l )~ay of ~ 2000. PANNEBAKER AND JONES, P.C. Attorneys for Defendant BY'~~~ 1.0. 79738 4000 Vine Street Middletown PA 17057 (717) 944-1333 'I fl,::,,,, _, ~ _ , ". ," '"-'_",,_,, <.' - '-',.'__~_'_r-'__'C"'.'; ~."n ."'--' _ '"""<_""..,, _.__~<:j' '''-" .'-, , ,,"," ,,,, , c_, " "c \""? .,..,.1 fl":'lII'",,,!,,,, o S'_.: .,;,-. ~~r-~, /:":"-> f,~. . ~?~ .,~~~ '> ,c._.' ..'-- )7 'C:" :~! .~- ;"-.) C: p"'''' ...-., -- .7 ~~I!{~~" -. " ...'. . '::J (7'- l"'!""! ~"~f.