HomeMy WebLinkAbout97-01781
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DEPARTMENT OF TRANSPORTATION
COMMONWEALTII OF PENNSYLVANIA
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, '1./. hi'j e,'v. I Te(',,--
v,
JEFFREY T. WENZEL,
Appellant
PETITION FOR APPF.AL OF I.ICF.NSF. SUSPF.NSION
AND NOW, comes Appellant, Jeffrey T, Wenz.cl, by and through his attorney, Gregol)' Ilnnon Abeln, Esquire,
who files Ihe following pelition:
J. Jeffrey T, Wenzel is an adull individual currently residing al 1202 Musket Lane,
Mechanicsburg, PA 17055,
2, On March 18, 1997, Pennsylvania Department ofTransportation sent 10 Appellanl a nOlice
of License Suspension, a eopy of which is attached herelo and incorporated herein by reference as Exhibit "A",
3. Appellant has a valid Pennsylvania operalor's license in his possession,
4. The Appellant has appealed his conviction for underage drinking on March 6, 1997, and is
pending a hearing in the court of common pleas on the criminal summaI)' 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 ComnlOm,'eulth v. Stephen E. Fomq, 46 Cumb,
51 (1997),
6, Iflhe criminal appeal is sustained, this civil appeal becomes moot.
WHEREFORE, Appellant requests this Honorable Court to sel a lime for a hearing on the priority of Appellant's
license suspension and immediately stay Ihe imposition of his license suspension pending the resull of said hearing,
Respectfully submitted,
Date~
Gregol)' Ilarton Abeln, Esquire
ID # 35,960
Attorney for Appellanl
37 East Pomfrel St.
Carlisle, PA 17013
717/245-2851
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver licensing
Harrisburg, PA 17123
MARCH 25, 1997
JEffREY T WENZEL
],202 MUSKET LANE
~7077b]'],4054335 00],
03/]'8/],~~7
23%]'5b5
07l22/],~7b
MECHANICSBURG PA
],7055
Dear MR. WENZElI
As a result of your violation on 09/28/1996
Section 6308 (offenses related to alcohol),
privilege is being SUSPENDED for a period of
mandated by section 1532D of the vehicle code.
of viOlating
your driving
90 DAY(S) 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 (camera 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 1571(a)(4) of the Vehicle Code.
Although the lAW mandates that your driving privilege is un-
der sUspension even if YOU do not surrender your license,
credit will not begin until all current driver's license
product(s), the Dl16lC Form, or a letter aCknoWledging Your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR lICENSE OR ACKNOWLEDGEMENT,
WE WIll SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT
WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. 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.
t:xhibit "A"
970776114054347
l
You have the right to appeal the Department's action to the
Court of Common Pleas (Civil Division) within 30 days of the
.ail date (HARCH 25, 1997) of this notice. PLEASE NOTE that
this Civil Appeal is in addition to any appeal YOU have to
file fro. the criminal conviction.
THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONY 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
INFORMATION (7100
IN STATE
OUT-OF-STATE
TOO IN STATE
TOO OUT-OF-STATE
AM TO 9tOO PH)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
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JEFFREY T, WENZEL,
Petitioner
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA,
v,
CIVIL ACTION . LAW
COMMONWEALTII OF PENNA,
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
NO. 97-1781 CIVIL
PRAECIPE TO WITHDRAW APPEAL
TO THE PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE.
Please mark this license suspension appeal as withdrawn,
Respectfully submitted,
ABELN LAW OFFICES
Date~
.M~;(~QrcQ,,-
Gregory Barton Abeln, Esquire -
ID #35,960
Attorney for Petitioner
37 East Pomfret Street
Carlisle, PA 17013.3313
717/245-2851