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Home My WebLink About00-06696 ",Illill -" , " __ w -'- ' _:~~ ~-~-, --"" - ~i.}j ROBERT GRAY v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. )OCO-(P(pq<., COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this c;-tA day of () d. , 2000 upon Petition of Robert Gray, a hearing is set on the License Suspension Appeal forthe~day of ))~ 1:. ,2000, at /0: 01 o'clock a.m. in Courtroom Number r, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of TrCilnsportation,at lesst Gjj~ (is) 88).... p. ;0. 16 tRt:. dalow vi :'cllO neartttr 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. -c~~~ JO-/O-OO <<~ ,I Distribution: Prothonotary's Office George Kabusk, Esquire, Penn DOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 .."./ "<" .,,- ~ ," H'~ ",' ~, _.r _,_ ~" "l,::!'}":) un"-- '1'''-' \:)TARY no n~T I 0 G: !,.~O '"'; (!,,,",'-".: ("'I.' (v..U'ITV t...rvn IU~..: ~LJ'\: ',~, "........; I\! I I PENNSYLVANiA i' i::i ~~W_~~!!;;~I'ItIl!!!!~i!jli~~mf;j!~j!!il!~i!!tl!I$JR,I'"II;m'~fm1~~~~.-,,~~~j>r.~i""f.'--":'i'?;,*,'!R""Iiwm""':i",j""_'1't_"~'''','I'''if~'[';~~~~.'~!J1i!f'~-BH~~;~"""f'i";1<tWI'l'fll;!olf"':'~~~ . , : i , ,----,-,~";:;;-"-..;;,;~- , -'1>< ~~."l~;" ROBERT GRAY v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Robert Gray, by and through his atlomeys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Robert Gray, is a Pennsylvania licensed driver with a residence address of 1435 Hillcrest Court, Apt. 112, Camp Hill, Cumberland County, Pennsylvania. 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 1, 2000 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on October 6,2000, at 12:01 a.m. for a period of one (1) year for a violation of Section 1543 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: ., ~" I~~. ". .i " 1111l')t,. a. A Petition to Reopen Summary Conviction Nunc Pro Tunc is pending and the sole basis for the proposed license suspension is based upon the underlying summary conviction. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of September 1, 2000 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, Date: / V;/ 7- !c..-Q/ MANCKE WAGNER HERSHEY & TULLY ~4 By, ~.. Davl . Hershey, Esquire I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 ,-_-',J '_.><.--- ,'--- ".,~ t~--, c VERI~Ic:MION. . 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 of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. l';vj~~ Date '/-. o c ..,.... 1.,- I ~, ~' 1. ,"" ;'.l_ -ii'.' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 01, 2000 ROBERT C GRAV 1435 HILLCREST COURT APT 112 CAMP HILL PA 17011 WID 1 0023892835725bl 001 , PROCESSING DATE 08/25/2000' DRIVER LICENSE 124820724 DATE OF BIRTH 05/31/19bb Dear MR. GRAY' This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 08/24/2000 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 06/08/2000: . Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/06/2000 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 10/06/2000. You may surrender these items before, 10/06/2000, 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 until we steps to not receive credit receive your 1. acknowledge thi ~ ~ ~ w ~ w ~ ~ ~ .~ toward serving any suspension .,~, r-mplete the following EXHIBIT 1\ " - ~ I .-. "-^ J 002389283572561 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards 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 dri ver' 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 licensees), 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 PenhDOT 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. ~,. " c_. - ._ . -~, "'Mr.j;-.: ~ '~ I - ~ ~,_ ";;'" ' -.::J '" -I "-1:1 002589283572561 PROVIOING 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 lett~r, SEPTEMBER 01, 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 10/06/2000. 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 17106-8693 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 1-800-228-01>76 717-391-6191 , -"1- ,.. ~'" ,-, .~ . ',0 Ji>jLjii;''^'',;-:" 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 2nd day of October, 2000, at the address listed below: George Kabusk, Esquire PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 B~ 41 \:'lD Q L.- Tammy L. Kelly .:. - --- U MANCKE WAGNER HERSHEY & TULLY ~ ~~. ;1. ~I '" - -,-~-" '" -, li'iltr ..... t ROBERT GRAY v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6696 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this "tIl day o~, 2000, upon consideration of Petitioner's request for a continuance, and noting the reasons supporting same, and noting further that counsel for the Department of Transportation has no objection to the proposed continuance, the continuance is herebyt:IrAAlfe L-. This'matter is hereby rescheduled for theJJ\ ~y of February, 2001, atl/:<X)o'Clockk..m. in Courtroom #5, Cumberland County Courthouse, One CourthOl,lse Square, Carlisle, Cumberland County, Pennsylvania. The Honorable Edward Guido Distribution: t~ -fYlU l/l.-/'z-OO 'R )(3 Court Administrator George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, I~arrisburg, PA 17110 ; "''I" , FILED...OfF1CF r- ~, .r C"Y\'", '~N-!O:r. R V",' 'C'C' '""" Hr<', 'A Y " -'.~ . . ',""."-' IV 00 DEe -4 PH 3: 40 CUMBERUi,ND GOUNlY PENNSYLVANIA .'., '" rll\l~~~~." .' J W _"_'), .,~.!!!~_i1i'$:'( ml~ll!I""II>:['-'I~)~~,~~~~i'M~_;;'U~*~;'}-"<"""j'i~<':;i':"""'NJ.i.)"'!'J~"-',A$'jj;~~ii"'ifIl_~E.'''J!1~),;?,);''/;;"iC,F,V,.,~j;'N7'~i~lf-"'~-B'1~j l'-"i ~ ,I.;, \!< ",,j ',--- "" ,- , .' 4~' '",," .-"-,----"~''''''''A,,_~ > '1):;'\ ...... . LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY HA1"IRlSBURG, PA 17110 AREA CODE 7 17 234-705 I November 22, 2000 The Honorable Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Robert C. Gray v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing Docket # 2000-6696 Dear Judge Guido: In furtherance with my discussions with George Kabusk, Esquire, of Penn DOT's Office of Chief Coun~el,lartr hereby reqyesting a continuance of Mr. Gray's hearing on the basis that the underlylngs[.imfiiary'appeariwhich is also pending in Cumberland County has not yet been schedUled for a hearing. As the summary appeal was filed on November 3, 2000, pursuant to the local rules regarding scheduling of summary appeals, I anticipate that a hearing on that matter will be scheduled on or before February 3, 2001. With Penn DOT's concurrence, I am therefore requesting that the matter be rescheduled for a date certain in February, 2001. If this is acceptable to you, please sign the attached Order provided for the Court's convenience and I will make sure that the Order is distributed to Penn DOT's counsel. If you have any questions or comments, please feel free to contact me. Thank you for your consideration. ~/ David E. Hershey DEH:tlk' .... ,. . .... , EncloSUre;..... ". ..... ". cc:', "':G~orgeJ Kabdsk',\:::sq"Uir~' ~,;,. iRobert"Gra'y-" .... . < J..: - ~ '. 'f ,',-' "":~,: ;,':; ~ ';";,,,' ~_ 'i":>.' ,. '-'~'= .~ - ~ ~ ..... ROBERT GRAY v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING TO THE PROTHONOTARY: ,-. "~J,~i\IJ:.\1ll!i:!" " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 2000-6696 PRAECIPE Please withdraw Petitioner's appeal in the above-captioned matter as the appeal is now moot. Date: 03/05/01 Respectfully submitted, ~~hoy, E",,;. I D# 43092 2233 North Front Street Harrisburg, PA 17110 717/234-7051 , . " ~-~" -~~,~~ ~(i"Ll~\~~Iii~"" " ... y 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 5th day of March, 2001. George Kabusk, Esquire PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 The Honorable Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 BY:~ '--h k1llu Tammy L. K Iy CJ Mancke Wagner Hershey & Tully . ... ROBERT GRAY v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING TO THE PROTHONOTARY: ", L - L "~'J!' or . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 2000-6696 PRAECIPE Please withdraw Petitioner's appeal in the above-captioned matter as the appeal is now moot. Date: 03/05/01 Respectfully submitted, M,ook. w,,~ & T"", ~-- David E. Hershey, Esquire ID# 43092 2233 North Front Street Harrisburg; PA 17110 717/234-7051 -I- . . 100'", ~ , 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 d.ocument 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 5th day of March, 2001. George Kabusk, Esquire PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 , The Honorable Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 By:JrL~\L~ ~ V~llL,f Tammy L. K Iy \j Mancke Wagner Hershey & Tully _,.",.._u__._ -"'<'1'- -~ . - lot' '".: I.., "." 'c",;i",:',>", """":~<"_' ~_,,~, . " ~ ~~;? ~ JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY . LAW OmCES (;=:> 0 rE3) ~ MANCKE, WAGNER, HERSHEY & TULLY ~ ~ U-- U 2233 NORTH FRONT STREI::T - AREA CODE 717 234-7051 HARRISBURG, PA 17110 March 5, 2001 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Robert Gray v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing Docket # 2000-6696 Dear Sir or Madam: Enclosed are an original and three copies of a Praecipe for filing relative to the above- captioned matter. Please time stamp and return all additional copies to me in the enclosed self- addressed, stamped envelope. If you have any questions or comments, please feel free to contact me. Thank you for your consideration. Sincerely, David E. Hershey DEH:tlk J Enclosures . cc: The Honorable Edward Guido' George Kabusk, Esquire FEB 8 - 2001 LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NOl'l!TH. FRONT STREET JOHN 8. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY HARRISBURG. PA 17110 AREA CODE 717 2:34-705 I February 7, 2001 The Honorable Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 R~j~ffj~\')Ii~jJ:Q0~Y3g~!t;:Qttltti~\1i Bureau of Driver Licensing u[i'jf Pennsylvania, Department of Transportation, .0"00''''6.9' .'6~"~' .".,'",.".:t,,,,;":,.':.....,,..',"""::Y,...,,:,,,.,'.,...,:,:,:':':::':";:1::::::::":" Dear Judge Guido: I have alerted the Department of Transportation that the underlying summary conviction has been resolved in Mr. Gray's favor thereby rendering the appeal hearing scheduled for February 12, 2001 moot. I am awaiting confirmation from PennDOT that they will agree to have the matter remanded to the Department for correction of Mr. Gray's record. Based upon the above, it is my belief that the hearing on February 12, 2001 is unnecessary. If you have any questions or comments, please feel free to contact me. Thank you for your consideration. ~SinCerelYrl / ~~~ ~vid E. Hershey DEH:tlk cc: George Kabusk, Esquire