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Home My WebLink About97-01777 ~ ~ " ~ ~ ~ ~ 'f ~ t? ~ ~ - \ " ~ ) ~t~f/ ~<'r. !l-!<1l"- / q; " 3 ~ Q ~ ~ y"' ? DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 91- 17n Ct.';.:.1 17..- v, EDWARD A. HORSTMANN, Appellant PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Edward A. 1I0rstmann, by and through his allomey, Gregory Barton Abeln. Esquire. who files the following petition: I. Edward A. 1I0rstmann is an adul! individual currently residing at 1614 Wolfe Lane, Downingtown, PA 19335. 2. On March 18. 1991. Pennsylvania Department ofTransportation senl to Appellant a notice of License Suspension, a copy of which is allached hereto and incorporated herein by reference as Exhibit" A". 3. Appellant has a valid Pennsylvania operator's license in his possession. 4. The Appellant has appealed his conviction for underage drinking on March 6. 1991. and is pending a hearing in the court of common pleas on the criminal summary appeal. 5. The Appellant believes that he will prevail in the criminal appeal because the evidence was suppressed by the Cumberland County Court in a companion case. See Commoml'ealth v. Stephen E. Forney, 46 Cumbo 51 (1991). 6. If the criminal appeal is sustained, this civil appeal becomes moot. WHEREFORE, Appellant requests this Honorable Coun to sel a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of his license suspension pending the resul! of said hearing. Respectfully submilled. Date '-\: (-{ (~.... L ABELN LA~/lff.FICIt ~Jj~\~ Gregory Barton Abeln, Esquire ID # 35,960 Allomey for Appellant 31 East Pomfret St. Carlisle, PA 11013 111/245,2851 970776114054335 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (HARCH 25, 1997) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal yoU have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF rHIEF COUNSEL THIRD FLOOR. RIVERFRONT OFFICE CENTER HARRISBURG. PA. 17104 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOI Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORHATION (7100 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AH TO 9100 PH) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~ f >- C') .~ -.;:::, ~ 1..., u' ~ ~ ..- .:~ ,.-~ .. UI~: -' ..1'; ~ ..", c. ,. ..-' ;.j~ , l ~ "- p,. , ....-.: C5" ,- :~~ ~ ~ , I r' (") ~ 0 ^" I " LJ.'- .' ~ "'"I '! -', I..... '~ ij:' i I.. .-, " ,- c! 'y, \...;' G"' , .' ~ CJ DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. EDWARD A. HORSTMANN, Appellant NO. 97-1777 CIVIL TERM ORDER OF COURT AND NOW, this ll.(t~ay of April, 1997, upon relation of the Court Administrator that the above matter will be consolidated with similar cases to be heard in front of the same judge, this matter is hereby TRANSFERRED to the Honorable Edgar B. Bayley and the hearing previously scheduled for May 5, 1997, is CANCELLED. This hearing will be rescheduled by Judge Bayley's office. BY THE COURT, The Honorable Edgar B. Bayley -('<71 ck.&.;......~ 'I-1'(-?1~ George Kabusk, Esq. Assistant Counsel Office of Chief Counsel Vehicle & Traffic Law Division . t..)/ 1101 South Front Street ~,~ Harrisburg, PA 17104-2516 . ~ 9V' Attorney for Department .J~A1 of Transportation /t.C1~, \1 Gregory B. Abeln, Esq. 22 West Pomfret Street Carlisle, PA 17013 Attorney for Appellant Cumberland County court.~~inist~!\~or -C'~ ~~o<.-> II -1'/-'17 ~ '" , :rc , c: I :'1 ;:; h J ': J'. Lb '" , I.... v ~, . I,w '-~';,7't '," ; _' ,~ =;'J ~.;,:lJ'c.::: i!:1 DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. EDWARD A. HORSTMANN, Appellant PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW. comes Appellant, Edward A, Horstmann, by and through his anorney, Gregory Banon Abeln, Esquire, who files the following petition: I. Edward A. Horstmann is an adult individual currently residing at 1614 Wolfe Lane, Downingtown, PA 19335. 2. On March 18, 1997. Pennsylvania Depanment ofTronsponalion senlto Appellant a notice of License Suspension. a copy of which is anached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operotor's license in his possession. 4. The Appellanl has appealed his conviclion for underage drinking on March 6, 1997, and is pending a hearing in the coun of common pleas on lhe criminal summary appeal. 5. The Appellant believes that he will prevail in the criminal appeal because the evidence was suppressed by the Cumberland County Coun in a companion case. See Commoffi,'eu/lh \'. Stephen E, Forn.')', 46 Cumbo 51 (1997). 6. If the criminal appeal is sustained, this civil appeal becomes moot. WHEREFORE, Appellant rcquests this Honorable Coun to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of his license suspension pending the result of said hearing. Respectfully sub mined. ABEl-N L~ W.~fFFICfS () \II r) C _J '1\ ( ( ._, r'>-~'L)( I 1\ . :!,.. .., Dale '._'t, .~ ,0\ ( -'-.J ': ' .i '.tI... 1-"""" -r:, , '0 -:', ?"1 I';, ::'.) Gregory Banon Abeln, Esquire ""'l. '''1'1 " I ;'-:1 --it( ID # 35.960 (iJ .. .-1 " Anomey lor Appellant ...~, ',-10 r;::'. ~. !::.~ 1 ~l~ I .. )... -" '.'('1 37 East Pomfret St. /';1 . .rn '-t ".:.1 Carlisle. PA 17013 .' e, ." 717/245.2851 .., 1,J '< .. COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 HARCH 25, 1997 EDWARD A HORSTMANN loblo4 WOLfE LANE DOWNINGTOWN PA lo'l335 'I7077blolo4054347 DOlo 03/111/1'1'17 2433'132'1 10/011/1'177 Dear HR. HORSTHANNI As a result of your violation on 09/28/1996 Section 6308 Coffenses related to alcohol), privilege is being SUSPENDED for a period of mandated by section 1532D of the vehicle code. of violating your driving 90 DAYCS) as In order to comply with this sanction yoU are required to return any current driver's license, learner's permit and/or temporary driver's license Ccamera card) in your possession no later than the effective date listed. If yOU cannot com- ply with the requirements stated above, yOU are required to submit a DL16LC Form or a sworn affidavit stating that yOU are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bu- reau referring this matter to the PennsYlvania State Police for prosecution under SECTION 1571Ca)C4) of the Vehicle Code. Although the l~w ~~nd~ta~ that your driving privtJegA i~ un- der suspension even if yoU do not surrender your license, Credit will not begin until all current driver's license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEHENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTHENT IHHEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 04/29/1997, 12101 a.m. Please see the enclosed application for restoration fee in- formation. Exhibit "A" i I, I 910716114054335 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (MARCH 25, 1991) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 11104 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 11106-8693 INFORMATION (1:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 111-391-6190 1-800-228-0616 111-391-6191 I I - DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. EDWARD A. HORSTMANN. Appellant CERTIFICATE OF SERVICE I hereby certii)' that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail. certified. return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Room 103 Transportation and Safety Building Harrisburg, PA 17120 i I ~ Respectfully submitted. Date ,/,7-';'" ABELN LAW OFFICES , . (0 :'7' I :l ??(J.L~ <~ -x~'I'I~,-,&.f Melissa S. Heckard Legal Assistant 37 East Porn fret St. Carlisle, PA 17013 717/245-2851 DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. i. KELLY L. HELFRICH, CHRISTINE D. SW ANKOSKI, JEFFREY T, WENZEL, KENNETH R. BROWN, DAVID STEIN OUR, MA TIHEW GOSSAGE, EDWARD A. HORSTMANN, and JAIME VALENTINE, Appellants NO. 97-1716 Civil NO. 97-1780 Civil NO. 97-1781 Civil NO, 97-1714 Civil NO. 97-1718 Civil NO. 97-1715 Civil NO. 97-1777 Civill/"" NO. 97-1713 Civil ORDER OF COllRT AND NOW, this J3 day of ~ \.MJ ,1997, upon Motion of eounsel for the defendants, and upon the express concurrence by the Commonwealth, the hearings scheduled for June 23, 1997, are continued generally. The hearings are to be relisted at the call of the Commonwealth. 1. cc: Gregory Barton Abeln, Esquire Pennsylvania Department of Transportation. Office of Chief Counscl ~ ~ ~hl(~7 p.... ~ C'J ..... N t-; ,- -. U1Q -. "1._ 0.;:" ::t: ~3~: p,:l' ,,~ CL. (.~ ~:j ~C 0" ,'. f.'; (;- wL. . 1;..< il! ~L ~. ,..-: ;:: ~ ,.I.'.J F:: :.~ J :::... . ~~ I,L r- :.-, 0 0" 0 >- ..:r ~ e~ ~ .. ~;) .'0' u.tQ _7 " ~.: '" <..) -;.~ "~ - fJ=' .' c.: ~=8 ~' , J'r 0(., .~. Cl ;-,-. "(l 0:_:-: N 1";"'''- ll.J-. ,- .. ~ -'" p~ .'~UJ [Co. .-:-; ~~~ ,.. ::1: r- :-3 Lc. co 0 en U