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Home My WebLink About97-05771 ~I ~ ~ - ~i 1.<1/ Ci ~. ~\ <+ . -.t' .... ..... ~ ~ ~ ~ 'j J~ .., '" o ~ C:j / " \1 J I I I I I " I ~I II I t-... ~ ~ ~"') "1~ 1', "I <1 ~ . ,) J ;y~ ... LA ...~' dl , "'~ L; e 2 ? -;ri " '" , ~ ~ , , , , :J '. '" .. . .... \.,); 'Y '3' ., ( .::) .. ~. ~ (-,j l. I c~ J, &" L I', /'. :J '-) Cfl , I 4 - '\l (~ C'~ r: Ii> w ...I! 0 z...l ~ CJ ~ ;: I~~I~ uJ' ~ ~ ~ ~~J:9il u lJ) ~ ~ ~ ffi R ~ ::!J: . . . WI 00 "'''.IV CI"'lfY THAT THI WItHIN llil A TRU' AND C~ :m...Cg::~Tr" ORIGINAL IV ~...w on'C:lS :3u.W-.....1V1jO'''.,-o-,onl A *"''''11I ......0.... 10 'I< ~':f~~r""',..,,, lrtll nut "'0'" ..lItVC........,..lJlII.....~..r ...U..,IoII..O~I'W ,.,,-......._---,," ,----.-- ':":7-l I'y:''''' 1,', '11 ,," ,"., '... ; , Anurvw:.. MANCKE, WAGNER, HERSHEY & TULLY j" 'I,. , ,- ." jJ :.:" v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, '17, Y} 7 / C<.,,'J ~,~ JEREMY R, GROSS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL LICBNSB SUSPENSION APPEAL AND NOW, comes petitioner, Jeremy R, Gross, by and through his attorneys, Mancke, wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1, petitioner, Jeremy R, Gross, is a pennsylvania licensed driver with a residence address of 267 Ridge Hill 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 September 22, 1997 from the Department of Transportation indicating that his pennsylvania driving privileges are to be suspended on October 27, 1997, at 12:01 a.m, for a period of six (6) months for a violation of Section 3736(a) of the Vehicle Code, See Exhibit "A" attached hereto and incorporated herein by reference, 4, The action proposed by the Department in its Notice outlined in Exhibit "A" is illegal, invalid, and improper for some or all of the fo11owipg reasons: a, The underlying summary conviction is being reopened nunc pro tunc in Cumberland County and is pending, WHEREFORE, petitioner respectfully requests that this Court schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A", Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Date: ~l By ~ David E, Hershey, Esquire I,D, #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 CBRTIVICATB OV SBRVICB I, David E. Hershey, Esquire, 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 Criminal Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, pennsylvania, on th~cJUrtiay of October, 1997, at the address listed below: George Kabusk, Esquire Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 By: ~/ David E, Hershey, Esquire MANCKE WAGNER HSRSHEY & TULLY 2233 North Front Street (717) 234-7051 3 - ..~. '-.....-----.~~..- ,...,.-- -+--. : --l .,:.__-: ~, 1 I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties ot 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4/v (i 9725892835(,0600 You will be notified of any outstanding restoration require- ments approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privileue restornd, You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the maU date ISEPTEMBER 27., 19971 of thts noUc.., 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. 17104 Sincerely, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOI Department of Transportation Bure.u of Driver Licensing P,O. Box 68693 Herrisburg, PA 17106-8693 INFORMATION (7100 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9100 PM) 1-800-932-4600 717-391-619U 1-800-228-0676 717-391-6191 JEREMY R, GROSS, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, No, 97-5771 Civil COMMONWEALTH OF PENNSYL VANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF ORNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL I ORDER AND NOW, this4L-day of upon representations of George H, Kabusk, Assistant Counsel for the Department of 1997, Transportation, that the motorist, Jeremy R, Gross, was found Not Guilty of the underlying charge of Section 3736 of the Vehicle Code, relating to reckless driving, the appeal in the above- referer.ced mailer is REMANDED to the Department of Transportation to update its records in accordance with that summary disposition and to RESCIND the suspension, which is the subject of this appeal. BY THE COURT DISTRIBUTION: George Kabusk, Esquire, Pa, DOT, Office of Chief Counsel, Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, PA 17120-2516. David E, Hershey, Esquire, 2233 North Front Street, Harrisburg, PA 17110 (l....J..u.~...... ()'>\..~"l 1<2./31/'1'7, ~r- ...<I',)' ], UIIW O"'IC.. MANCKE, WAGNER. HERSHEY a. TULLY JI'" NO'U" 'ltOH' .'ltll' A...A coo. 117 a3.-108 t JOHN. ,.....NCKI ~. "ICH""D .,.aN." DoWID I. HI".HIlY WILLIAM T. TULLY ... 11110 HA'UII..UflQ, December 29, 1997 The Honorable George Hoffer CUmberland county Courthouse One Courthouse Square Carlisle, PA 17013 Re: Gross v. conunonwea1th, Department of Transportation, Bureau of Driver Licensing No, 97-5771 Civil Dear Judge Hoffer: Please be advised that I am in agreement with the Order proposed by the Department of Transportation remanding the case for correction of Mr. Gross' driver record, Based on my discussions wi th the Department, the hearing in this mat ter is unnecessary, Unless you require me to be present in your courtroom at the time scheduled, I will presume that neither myself nor my client need to appear. Thank you for your anticipated cooperation, Si~IY' "'~erShey DEH/tlh cc: Jeremy Gross COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION on'ICE OF CIIIU' ~'OUNSEL VEHICLE ... TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER 1101 SOUTH FRONT STREET IIARRISBURG, PENIIISYLVANIA 17104-1516 (717) 787,1830 FAX: (717) 705,1111 December 23, 1997 Judge George E. Hoffer Court of Common Pleas of Cumberland County Courthouse, I Courthouse Square Carlisle, PA 17013 RE: Jeremy R. Gross v. Dept, or Trani" Bureau or Driver L1cenllnll, 97-5771, License IUlpenllon appeal, Dear Judge Hoffer: A hearing in the above mentioned mailer is scheduled for January S. 1998. at 9:30 a,m, Mr, Gross was found not guilty of violating Section 3736 of the Vehicle Code, relating to reckless driving, which was the underlying violation which resulted in the suspension in the above mentioned maller, At the summary appeal, the Commonwealth amended the citation from Section 3736, relating to reckless driving, to Section 3714, relating to careless driving, and the defendant plead guilt to the charge of 3714, As a result, it is unnecessary to have a hearing in this maller, For your convenience, I have prepared a proposed Order remanding the mailer back to the Department to update its records and resciod the suspension which is the basis of this appeal. Mr, Hershey, allomey lor the motorist, concurs with the proposed Order, If you have any questions, please feel free to contact me. Sincerely, /~r>< {/ ~.t/ George H, Kabusk Assistant Counsel GKlgk Enclosures (I) Cc: David E, Hershey, Esquire, 2233 North Front Street, Harrisburg, PA 17110