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Home My WebLink About00-08386 ~ JERRY A. MOHLER v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4'2:1 - ~3 8{., COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ?~ day of f),:.-.J,fI:t, 2000 upon Petition of Jerry A. Mohler, a hearing is set on the License Suspension Appeal for the '1/1:1I day of \4J~/JLlcr ,2ooL, at ~; dt) o'clock g,..m, in Courtroom Number ~, 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 Transportation at least sixty (60) days prior to the date of said hearing. 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, BY THE COURT: Distribution: /L.AL LapLw~ J 2-7-00 RXS 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 ,'.' "" ,'. - ~~"'~. . ',~" 1] Ii II L ii ;! ;1 ~ i i1 r'i """_ '-"",", ."" ~![IIK'!llIRf"Ul!l,.,ATXl.lFfi~,~ ." , ,. ~ ,",- '--~""'l--"''';'''' , CF ,r"J! L:r>. ):~,...V., _: C-!.L.1~1...'-1,./tht)F IC". c:r'''1"c,r" ""1'"').,, , . j I,., jl !',jh;J!/"'..jii 00 DEe - 7 Mi II: Is 3 ClI/vi8EHLAND COuNTY PENNSYlVANtt., ,- 'Ail' ",~. '.1--" .".~^ -~--'~='--""" '.' '~", "'-'~ ~,.~,~RI~'\~'I%'?~'i)r''',*''_1fi'_f''''';'r'''-;!f;\Qf'"'P,';'''i1F'''''''"~i\'l!')"ll;!'ll!i'i'IDir."~'f,~l'$~M!I;W!!W~-'~~~Il~ I " ,-- '.:..~ 0 ~' 'l';'lD~'I_"'-", JERRY A. MOHLER v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, (}p. 13ft. ~ I~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Jerry A. Mohler, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Jerry A. Mohler, is a Pennsylvania licensed driver with a residence address of 13 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011, 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 November 1, 2000 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on November 1,2000 at 12:01 a.m, for a period of one (1) year for a violation of Section 1543(a) 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: ~1 ; , "~";of "-"'~~: a. Petitioner's summary conviction is presently on appeal in Cumberland County Court and a hearing has not yet been scheduled.. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of November 1, 2000 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Date:!-f ,5C-L]:::::' c C.. , , , c c . .. . . ... .VERIFICA TION 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. Date j~(f.~ 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 L~ay of December, 2000, at the address listed below: George Kabusk, Esquire PA Department of Transportation Riverfront Office Center, Third Floor 11 01 South Front Street Harrisburg, PA 17104-2516 By' Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY I~ '" c , , , ~ ", ,,' ~" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 01, 2000 JERRY ALAN MOHLER 1140 OYSTER MILL ROAD WID i 002999283568460 001 PROCESSING DATE 10/25/2000 DRIVER LICENSE i 15067872 DATE OF BIRTH 08/31/1950 r) . 1 -1I /3/ yeP i\ er i#- CAMP HILL PA 17011 LICENSE IN BUREAU Dear MR. MOHLER: 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 10/24/2000 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 10/16/2000: . Your driving privilege is SUSPENDED~for a period of 1 YEAR(S) effective 11/01/2000 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING 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. Xmportant: 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. c u~uc1tJ h -~ ~ 002999283568460 . , - ~ ..' '''"'-~ APPEAL You have the right to appeal this action to the Court of Common Pleas <Civil Division) within 30' days of' the mail date, NOVEMBER 01, 2000, of this letter. If you file an appeal in the County Court, the Court will give you a time- stamped certified copy of the appeal. In order for your appeaI to be valid, YOU must send this time-stamped certi- fied 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.. 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 TOD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 . ,~' ~,ti__~_ , "'" ,"~; -" "",j,, ", ',--,~ '~;,-, "~J JERRY A. MOHLER IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8386 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this Ill-/:. day of /J1~A//atl ,2001, upon consideration of Petitioner's request for a continuance relative to the above.captioned matter, and noting the reasons supporting same, said Motion is hereby ~c<-, This matter is rescheduled for 1I1/fUU'A 30 ,2001 at I: .~t9 ""...no'clock in Courtroom #:.!:L, I BY THE COURT: Distribution: Rd J. George Kabusk, Esquire, Penn DOT 1101 S, Front SI., Harrisburg, PA 17104.2516 David E. Hershey, Esq. 2233 N. Front SI., Harrisburg, PA 17110 ~ f' -~~~ )~('\.O).. t,.ay- 1).:'0 \1 ~ o ~'K il ,t- ..........""'"""~Jr~-\llI~;_, :..ql hi "..,J .u~, ~,~ r~' OF 7,~,~~LP?~~Qj~CJCE " ~,' ":()/\!OTARY o I ITa _ ! "1 Ai'. II: I Q ~ CUli4"'" '" ,ot:h'LlJ\Jr\ r'r' PENNSYI ~1A~N,-)UNry ,VI"'" vi Jj,!1!1.,~m.';""'l~:;,f,;r..-.j<il~",m:~E~'!i'%,!,.;lir~~WII"W'1l'~M!~~~~ J"-'=- ~~ , ~ \~'. . " .,"\. "',---.).' , ""'"""ilIll1liJ' JERRY A. MOHLER , v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-8386 LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING MOTION FOR CONTINUANCE TO THE HONORABLE KEVIN A. HESS, JUDGE OF THE ABOVE-SAID COURT: AND NOW, comes the Petitioner, Jerry A. Mohler, by and through his attorneys, Mancke Wagner Hershey & Tully, who makes the following averments in support of this motion for continuance. 1, A license suspension appeal hearing has been scheduled in the above-captioned matter for the first time for February 8, 2001 at 10:00 a.m, 2. The basis for the license suspension appeal is that Petitioner has a summary appeal pending in Cumberland County for the underlying conviction of driving under suspension, S 1543(a) of the Vehicle Code. 3. Due to a conflict in Petitioner's attorney's schedule, a motion to continue the underlying summary appeal hearing has been filed and is pending in Cumberland County and is unopposed by the District Attorney. 4. . It is anticipated that the summary appeal hearing will be rescheduled. Accordingly, it is also necessary for Petitioher to request that his license suspension appeal hearing be postponed as the license suspension appeal assures the continued stay on the Department of Transportation's proposed action while the summary appeal is pending. .1_'_'_ , , ,'." c~ "'^" ,'.0 '_',', 'c . WHEREFORE, Petitioner prays that Your Honorable Court grant a continuance of 60 days on the license suspension appeal hearing to,allow sufficient time for the summary appeal to be resolved in Cumberland County. Respectfully submitted, Mancke Wagner Hershey & Tully . Date: 01/24/01 p~ Hc2r.,,~ I D# 43092 2233 North Front Street Harrisburg, PA 17110 117/234-7051 , " ," , ",,",,', ~ Jj rl"> VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, Date:~ /~ David E, Hershey, Esquire , ~~~, ~ i.->- '~' _ ," ~ . CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of Mancke Wagner Hershey & Tully, hereby certify that 1 am this day serving a copy of the foregoing document to the attomeys 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 bf same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, on the 24th day of January, 2001. George Kabusk, Esquire PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 By: <.')(),f\\~ ~o ~~ ' Tammy L. Kell Mancke Wagner Hershey & Tully r'-' =' -'--~ """" LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY HARRISBURG, PA 17110 AREA CODE 717 2.34-7051 March 29, 2001 ~ ~/3D/(J(. JS).J-- ~ pwJr h, f~ . ----- VIA FEDERAL EXPRESS Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Jerry A. Mohler v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing License Suspension Appeal Docket # 00-8386 Dear Sir or Madam: Enclosed are an original and three copies of a Motion for Continuance 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, We are this date serving a copy of this motion upon counsel for the Department of Transportation, If you have any questions or comments, please feel free to contact me. Thank you for your consideration, Sincerely, ro-+fTuc David E, Hershey DEH:tlk Enclosures cc: George Kabusk, Esquire, PennDOT - " ,,'~ ' "1iiOtiI5 JERRY A. MOHLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8386 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~ day of rJr.v.} ,2001 upon agreement of the parties and with the Court's approval, the License Suspension Appeal hearing is hereby rescheduled. The new hearing date will be the.f';.rt- day of May, 2001, at q ~ ()() o'clock !:C.m. in Courtroom Number ..t. Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile, BY THE COURT: J. Distribution: t~~ L/-t,OI ~Xj 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 ~-...-. , I' -~, ~-'~-~ ,~ ., l" '. ~" " ' ~. "c"" I ~~".~..,,,,.,-,,","" '" (") s::: "'... -[1I~'i'; !1:lh-~ ~2 -'-- .:,. !;:'J.:': ;-'> '-::> (-'; ~~:I, ," .'::..~ <: :',:1 , to - ::::> ~? ~~- :-~l~ ::n ~-,-J (.r; ~:c ...,,-- .(::- :::1 ~ -~2~1!l1l"",,""'Mr,~.0>=< _"'~< "!jWlI!!!' ~" llfJ,lf,llifi 11 liij':<rnh"%!l.~"iffl>l'f"TI,.;=e;"-"I,!,"-';!""'-'i~'m1I':'P'1'/'~~"'"'~"<;f."""!ffl'r~~~~!!!'~ffl~' l ~ ~ . .. ",l_.,.:_...._" " "''"'It!I\Ii&i JERRY A, MOHLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-8386 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE J}J AND NOW, this 'J. q day of March, 2001, comes Jerry A. Mohler, (hereinafter "Petitioner", by and through his attorneys, Mancke Wagner Hershey & Tully, who make the following averments in support of this Motion for Continuance: 1. A time license suspension appeal was filed and a hearing has been scheduled relative to the above. 2. The underlying summary conviction has just been scheduled for a date certain in April in Cumberland County Court. 3. The underlying summary conviction gave rise to the proposed suspension in this matter. 4. Counsel for the Department of Transportation, George Kabusk, Esquire, has been contacted regarding this request for a continuance and has indicated that he has no objection for the above-mentioned reasons. - '. " " . "",,,..i,,,,,'"'''''' ""',~,, _'~.;, WHEREFORE, Petitioner prays this Court enter an Order continuing the license suspension appeal hearing to a date certain in May, 2001. Respectfully submitted, Mancke Wagner Hershey & Tully Date: 03/29/01 /~ David E. Hershey, Esquire I D# 43092 2233 North Front Street Harrisburg, PA 17110 717/234-7051 ., Ii;; " VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. Date: 03/29/01 LH~re -~I_,- i .~~_ " , , .. " '-""'liiI;oW,~( 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 29th day of March, 2001. George Kabusk, Esquire PA Department of Transportation 11 01 South Front Street Harrisburg, PA 17104-2516 By:, j~ '-4\ kw~ Tammy L. Ke Mancke Wagner Hershey & Tully JERRY A. MOHLER v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING " - '"~ --,;., I, !. .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8386 LICENSE SUSPENSION API:JEAL ORDER OF COURT AND NOW, this 2-5" day of May, 2001, upon stipulation of the parties, the appeal in the above-captioned matter is hereby dismissed provided, however, that the DepartlTH~nt of Transportation will not reinstate the license suspension of Petitioner prior to December 1, 2001. Distribution: George Kabusk, Esquire, PennDOT 11015. Front 51., Harrisburg, PA 17104-2516 David E. Hershey, Esq. 2233 N. Front 51., Harrisburg, PA 17110 BY THE COURT: ~ :~ - - "~ ,.~~ _ , ",_ ,,", ijJ _~'"~,~~,~~-,,- - ~'''':'''''''''''''~' I----~' "~. ~=-'. ~= r-~ ~ ~ ~,'",-"." .",~, ',- "j--;~~, :~ );:'I~H/ r-r I . '~'" ,) nl' ?~ . ~ ~). ....;r oj' ,";0 CUi~~"-l~~hi'7~'~':' '. ,(;::~~',u;~nl l-':....r'/!\!\y(,!I/Di\lI/' "".J,.,", . ",'_ ~1JJ!J~~~~r-,>i:;'f."'-''';0!f':~0;'~''t'Wi~I\Iil'i~~rniUfIl'l>lI"i~~!'i!'W~~