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HomeMy WebLinkAbout03-2066ERIC JOHN MANDERBACH, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW _,NOTICE OF APPEAL AND NOW, comes the Appellant, ERIC JOHN MANDERBACH, who files this Appeal from the Commonwealth of Pennsylvania, Department of Transportation's Decisions dated April 10, 2003 and April 18, 2003, based upon the following: 1. This Appeal is brought under 75 Pa. C.S.A. {}1550. 2. Appellant is ERIC JOHN MANDERBACH, an adult individual who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. o The Appellant is the holder of a valid Pennsylvania driver's license. 4. On or about April 10, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of one (1) year. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit "A". 5. On or about April 18, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of twenty-five (25) days, effective April 10, 2004. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit IIBii' 6. Appellant is aggrieved by the decision(s) of the Commonwealth of Pennsylvania, Department of Transportation to suspend his driving privileges because he is dependent upon the use of his vehicle for his livelihood; and is of the belief that the Commonwealth either miscalculated the number of total accumulation of points or, in the alternative, miscalculated the period of time for the license suspension to be assessed based upon his driving record. WHEREFORE, your Appellant, ERIC JOHN MANDERBACH, requests this Court to grant a hearing to take testimony and examine into the facts of the case to determine 2 whether the operator's license of the Appellant is subject to suspension by the Commonwealth of Pennsylvania, Department of Transportation. Respectfully submitted, C~~OFF, P.C. ,,~~unningham, EsqUire -- 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) 3 VERIFICATION I verify that the statements made in the foregoing NOTICE OF APPEAL 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.A. §4904, relating to unsworn falsification to authorities. EXHIB I T"A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing MaiI Date: APRIL 10, 2005 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WID # 030939283701267 001 PROCESSING DATE 04/03/2003 DRIVER LICENSE # 22816703 DATE OF BIRTH 04/16/1971 Dear MR. NANDERBACH: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 15q3 of the Pennsylvania Vehicle Code. As a result of Your 0~/02/2005 conviction of violating Section 15~$A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 12/0~/2002: · Your driving Privilege is SUSPENDED fop a Period of 1 YEAR(S) effective 04/10/2003 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that Your driving privilege is currently suspended/revoked. You must return ail current Pennsylvania driver's licenses, iearner,s permits, tempo- rary driver's licenses (camera cards) in Your possession ZNNEDZATELY. YOU NAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper /den- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your photo identification card. You will not ~eceive credit toward serving any suspension until Ne receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return al1 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 nota- rized 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. 050959285701267 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license Products to PennDOT ZHHEDZATELY. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-952-4600 OUT-OF-STATE 717-$91-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 ~E X H I B I T "B" 031019283829373 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 nota- rized 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 iicense. Remember: You may not retain your driver's license for identification Purposes. Please send these items to: Pennsyivania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your Pennsyivania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized ietter, PennDOT wiIi send you a receipt confirming the date that credit be- gins. If you do not receive a receipt from us within 3 weeks, piease contact our office. 0therwise, you wiIi not be given credit toward serving this suspension· PennDOT phone numbers are iisted at the d of this Iettero en If you do not return ail current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION I57i(a)(~) of the Pennsyivania Vehicie Code. APPEAL You have the right to appeai this action to the Court of Common Pleas (Civil Division) within 30 days oF the mail date, APRIL 18, 2003, of this letter. Zf You file an appeal in the County CouPt, the Cou~t will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, You must 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 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT ~MM£DZA?£Ly. ERIC JOHN MANDERBACH, Appellant COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, : Appellee : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (~:).~2~ ..,2,.0 6 ~ CIVIL ACTION - LAW ORDER AND NOW, this for the day of Courthouse, Courtroom No. day of ,2003, a heating is set in this matter ., 2003, at .M., in the Cumberland County , One Courthouse Square, Carlisle, Pennsylvania, to take testimony and examine into the facts of the case to determine whether the operator's license of the Appellant is subject to suspension by the Commonwealth of Pennsylvania, Department of Transportation. BY THE COURT: Jo ERIC JOHN MANDERBACH, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBE~~ COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE OF APPEAl. AND NOW, comes the Appellant, ERIC JOHN MANDERBA~wh~'ffile~,}~iis Appeal from the Commonwealth of Pennsylvania, Department of Transportat~on's~ec~sions dated April 10, 2003 and April 18, 2003, based upon the following: 1. This Appeal is brought under 75 Pa. C.S.A. § 1550. 2. Appellant is ERIC JOHN MANDERBACH, an adult individual who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The Appellant is the holder of a valid Pennsylvania driver's license. 4. On or about April 10, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of one (1) year. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit "A". 5. On or about April 18, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of twenty-five (25) days, effective April 10, 2004. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit 6. Appellant is aggrieved by the decision(s) of the Commonwealth of Pennsylvania, Department of Transportation to suspend his driving privileges because he is dependent upon the use of his vehicle for his livelihood; and is of the belief that the Commonwealth either miscalculated the number of total accumulation of points or, in the alternative, miscalculated the period of time for the license suspension to be assessed based upon his driving record. WHEREFORE, your Appellant, ERIC JOHN MANDERBACH, requests this Court to grant a hearing to take testimony and examine into the facts of the case to determine 2 whether the operator's license of the Appellant is subject Commonwealth of Pennsylvania, Department of Transportation. to suspension by the Date: Respectfully submitted, C/~~~OFF' BY: j~dan~ffz~~~ 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) P.C. VERIFICATION I verify that the statements made in the foregoing NOTICE OF APPEAL 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.A. §4904, relating to unsworn falsification to authorities. ERIC JO~J~'MANfDERBACH EXHIB IT"A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 10, 2005 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WID e 030939283701267 001 PROCESSING DATE 04/03/2003 DRIVER LICENSE e 22816703 DATE OF BIRTH 04/16/1971 Dear MR. MANDERBACH: This is an Offlc/al Notice of the Suspens$on of your Driving Privilege as authorized by Section 15q$ of the Pennsylvania Vehicle Code. As a result of your 04/02/2005 conviction of violating Section 1545A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 12/04/2002: Your driving privilege is SUSPENDED for a pep/od of YEAR(S) effective 04/10/2003 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return ail current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession ZMMEDZATELY. YOU NAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZPZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card· You wlll not pecetve cPedlt toward serving any suspension untll we recelve your license(s). Complete the following steps to acknowledge this suspension. Return ali 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 nota- rized 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, 0509592857012&7 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver Zicense products to PennDOT ZHHED/ATELY. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing SEND FEE/LICENSE/DL-I&LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 INFORMATION (7:00 AN TO 9:00 PM) IN STATE 1-800-952-4600 OUT-OF-STATE 717-591-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-591-6191 E XHI BIT"B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 18, 2003 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WID # 031019283829373 001 PROCESSING DATE 04/11/2003 DRIVER LICENSE # 22816703 DATE OF BIRTH 04/16/1971 Dear MR. HANDERBACH: This is an Offt¢ia! Notice of the Suspension of your Driving Privilege as authorized by Section 15qq of the Pennsylvania Vehicle Code. As a result of your 0~/10/2005 conviction of violating Section 5562 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 09/08/2002= · Your driving privilege is SUSPENDED fop a pePiod of 25 DAY(S) e~ective 04/10/2004 at 12:0l a.m. Instead of assigning points to your driver's license record, Section 15qq of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning th'is additional 25 DAY(S) sus- pension ~o your current suspension. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving priviiege ~s currentIy suspended/revoked. You must return all current Pennsyivania driver's licenses, iearner's permits, tempo- rary driver's licenses (camera cards) in your possession ZMMEDZATELY. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES, However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not recelve credit toward servlng any suspension untll we receive your license(s). Complete the following steps to acknowledge this suspension. 031019283829373 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 nota- rized 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 driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Burea'u of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit be- gins. 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 ail current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days oF the mail date, APRIL 18, 2003, of this letter. Zf YOU file an appeal in the County CouPt, the Court will give you a t/me-stamped certified copy of the appeal. In order for your apPeal to be valid, you must 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 OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT ZMMEDZATELY. ERIC JOHN MANDERBACH, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ,_o _~-- ~.o(¢¢ CIVIL ACTION - LAW ORDER AND NOW, this for the day of Courthouse, Courtroom No. day of ,2003, a hearing is set in this matter ., 2003, at .M., in the Cumberland County , One Courthouse Square, Carlisle, Pennsylvania, to take testimony and examine into the facts of the case to determine whether the operator's license of the Appellant is subject to suspension by the Commonwealth of Pennsylvania, Department of Transportation. BY THE COURT: Jo ERIC JOHN MANDERBACH, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE OF APPEAl, AND NOW, comes ~e Appellant, E~C JO~ MANDE~A~'wh~files_~s Appeal from the Co~onwealth ofPe~sylvania, Dep~ment of Transpo~n dated Apdl 10, 2003 and April 18, 2003, based upon the following: 1. This Appeal is brought under 75 Pa. C.S.A. § 1550. 2. Appellant is ERIC JOHN MANDERBACH, an adult individual who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The Appellant is the holder of a valid Pennsylvania driver's license. 4. On or about April 10, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of one (1) year. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit "A". 5. On or about April 18, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of twenty-five (25) days, effective April 10, 2004. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit 6. Appellant is aggrieved by the decision(s) of the Commonwealth of Pennsylvania, Department of Transportation to suspend his driving privileges because he is dependent upon the use of his vehicle for his livelihood; and is of the belief that the Commonwealth either miscalculated the number of total accumulation of points or, in the alternative, miscalculated the period of time for the license suspension to be assessed based upon his driving record. WHEREFORE, your Appellant, ERIC JOHN MANDERBACH, requests this Court to grant a hearing to take testimony and examine into the facts of the case to determine 2 whether the operator's license of the Appellant is subject Commonwealth of Pennsylvania, Department of Transportation. to suspension by the Date: Respectfully submitted, By: j~a~~~in~ham~l.D' #2J144 _ ~, Esquir 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) P.C. 3 VERIFICATION I verify that the statements made in the foregoing NOTICE OF APPEAL 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.A. §4904, relating to unsworn falsification to authorities. ERIC JO~'MA1N~ERBACH Date: E X H I B I T "A'~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 10, 2005 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WID # 030939283701267 001 PROCESSING DATE 04/03/2003 DRIVER LICENSE ~ 22816703 DATE OF BIRTH 04/16/1971 Dear MR. MANDERBACH: This is an Offl¢lal Notice o~ the Suspension of your Driving Privilege as authorized by Section 15q$ of the Pennsylvania Vehicle Code. As a result of your 0~/02/2005 conviction of violating Section 15qSA of the Vehicle Code DRIVING NHILE SUSP/REVOKE on 12/0q/2002: Your driving privilege is SUSPENDED YEAR(S) e~ectlve 04/10/2003 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING NITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return ail current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession ZMNEDZATELY. YOU HAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. You must present two (2) forms of proper /den- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You wlll not recelve credlt toward servlng any suspension until we recelve your license(s). Complete the following steps to acknowledge this suspension. 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 nota- rized 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. 030939283701267 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT ZHHED/ATELY. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 E X H I B I T "B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 18, 2003 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WID ~ 031019283829373 001 PROCESSING DATE 04/11/2003 DRIVER LICENSE # 22816703 DATE OF BIRTH 04/16/1971 Dear MR. MANDERBACH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 04/10/2005 conviction of violating Section 33&2 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 09/08/2002: Your driving privilege is SUSPENDED fop a pePtod of 25 DAY(S) e~ectlve 04/10/2004 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 25 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return ali current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession ZMMEDIATELY. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 810.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You wlll not Peceive c,edit toward serving any suspension untll we receive youP license(s). Complete the following steps to acknowledge this suspension. 051019285829373 Return aII current Pennsylvania driver's licenses, iearner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized ietter 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 iicense. Remember: You may not retain your driver's iicense for identification purposes· Please send these items to: Pennsyivania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA I7106-8693 Upon receipt, review and acceptance of Your Pennsylvania driver's license(s), learner.s permit(s), camera card(s), and/or a sworn notarized ietter, PennDOT wiII send you a receipt confirming the date that credit be- gins· If you do not receive a receipt from us within 3 weeks, pIease contact our office. Otherwise, you wiii not be given credit toward serving this suspension· PennDOT phone numbers are Iisted at the end of this ietter. If You do not return ail current driver license pro- ducts, we must refer this matter to the Pennsyivania State Police for prosecution under SECTION I57i(a)(q) of the Pennsyivania Vehicie Code. APPEAL You have the right to appeai this action to the Court of Common Pleas (Civil Division) within 30 days oF the mail date, APRIL 18, 2003, of this letter. Zf You file an appeal in the County Court, the Court wlll give you a time-stamped certified copy of the appeal. In order for Your appeal to be valid, you must 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 1710q-2516 Remember, this is an OFFZCZAL NOTZc£ OF SUSP£NSZON. You must return aii current Pennsylvania driver iicense products to PennDOT IMM£DIAT£Ly. ERIC JOHN MANDERBACH, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee 1N THE COURT OF COMMON PLEAS CUMBE~ COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW of the Appellant is subject Department of Transportation. ORDER AND NOW, this _~day of/~}/:/t~ , 2003, a hearing is set in this matter for theay of_~_t~[.~.~, 2003, at ~; 00~vI., in the Cumberland County Courthouse, Courtroom No. ,(__, One Courthouse Square, Carlisle, Pennsylvania, to take testimony and examine into the facts of the case to determine whether the operator's license to suspension by the Commonwealth of Pennsylvania, ERIC JOHN MANDERBACH, Appellant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee NO. 03-2066 CIVIL ACTION - LAW PETITION FOR CONTINUANCE OF HEARING AND NOW, comes your Petitioner, ERIC JOHN MANDERBACH, who files this Petition for Continuance of Hearing and in support thereof, avers the following: 1. Appellant is ERIC JOHN MANDERBACH, an adult individual who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 2. On May 1, 2003, your Petitioner filed a Notice of Appeal with the Court of Common Pleas of Cumberland County, Pennsylvania. A tree and correct copy of said Notice of Appeal is attached hereto, made part hereof, is incorporated herein by reference and is marked Exhibit "P- 1". 3. On May 9, 2003, the Honorable Edgar G. Bayley scheduled a hearing for June 16, 2003 beginning at 2:00 p.m. to take testimony with regard to the Notice of Appeal. A true and correct copy of said Order is attached hereto, made part hereof, is incorporated herein by reference, and is marked Exhibit "P-2". 4. The summary convictions which form the basis of the Petitioner's license suspension were timely appealed with the Courts of Common Pleas of Cumberland and Dauphin County, which summary appeals have yet to be heard by the respective Courts. True and correct copies of the Appeals are attached hereto, made part hereof, are incorporated herein by reference and are collectively marked Exhibit "P-3". 5. Counsel for the Commonwealth, George Kabusk, Esquire, was contacted by Petitioner's counsel regarding the status of this matter and has indicated the Commonwealth has no objection to the continuance being granted in light of the status of the summary appeals. WHEREFORE, your Petitioner respectfully requests this Honorable Court to grant a continuance of this matter and to assign a date certain for the hearing of this matter in the 2 month of September, 2003 in order to allow the resolution of the underlying summary appeals prior to the hearing. Date: June 6, 2003 Respectfully submitted, By: .~, Esquire 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner) 3 E X H I B I T "P-l" ERIC JOHN MANDERBACH, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW NOTICE OF APPEAL AND NOW, comes the Appellant, ERIC JOHN MANDERBACH, wh6 ~iles this Appeal from the Commonwealth of Pennsylvania, Department ofTransportation's Decisi0n§ dated April 10, 2003 and April 18, 2003, based upon the following: 1. This Appeal is brought under 75 Pa. C.S.A. § 1550. 2. Appellant is ERIC JOHN MANDERBACH, an adult individual who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The Appellant is the holder of a valid Pennsylvania driver's license. 'l 4. On or about April 10, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period of one (1) year. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit "A". 5. On or about April 18, 2003, Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were being suspended for a period oftwenty-five (25) days, effective April 10, 2004. A true and correct copy of said notification letter is attached hereto, made a part hereof, and is marked Exhibit 6. Appellant is aggrieved by the decision(s) of the Commonwealth of Pennsylvania, Department of Transportation to suspend his driving privileges because he is dependent upon the use of his vehicle for his livelihood; and is of the belief that the commonwealth either miscalculated the number of total accumulation of points or, in the alternative, miscalculated the period of time for the license suspension to be assessed based upon his driving record. WHEREFORE, your Appellant, ERIC JOHN MANDERBACH, requests this Court to grant a hearing to take testimony and examine into the facts of the case to determine 2 whether the operator's license of the Appellant is subject to suspension by the Commonwealth of Pennsylvania, Department of Transportation. Date: Respectfully submitted, C~/O~~OFF, P.C. By: q_/v ~,.,~_~--~ D J~_an_ D~nningham, Esquire /I.D. #23144 - 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) VERIFICATION I verify that the statements made in the foregoing NOTICE OF APPEAL 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.A. {}4904, relating to unsworu falsification to authorities. ERIC JOH~MANfDERBACH · EXH IBIT"A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 10, 2005 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WIDe 030939283701267 001 PROCESSING DATE 04/03/2003 DRIVER LICENSE # 22816703 DATE OF BIRTH 04/16/1971 Dear MR. MANDERBACH: This is an O~flctal Notlce of the Suspension of your Driving Privilege as authorized by Section 1545 of the Pennsylvania Vehicle Code. As a result of your 04/02/2003 conviction of violating Section 1545A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 12/04/2002: Your driving privilege is SUSPENDED fop a Period of 1 YEAR(S) effective 04/10/2003 at 12:01 a.m. This suspension is in ready on your record. addition to any other suspensions '~l~* k'~ COMPLYING WITH THIS SUSPENSION PennDOT records indicate that Your driving privilege is currently suspended/revoked. You must return ali current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in Your Possession ZMMEDZATELY. YOU MAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. HoWever, you may apply for and obtain a photo iOentification card at any Driver License Center for a cost of $10.00. You must present two C2) foras of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not pecelve c~edlt towaPd seevtng any suspension until we Pecelve youp license(s). Complete the following steps to acknowledge this suspension. Return ail 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 nota- rized 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. 0509392837012&7 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT ZHHEDZATELY. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harr/sburg, PA 17106-8693 Sincerely, Rebecca L, Btckley, D/rector Bureau of Driver L/cens/ng 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 1-800-228-0676 717-391-6191 E XHIBIT"B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 18, 2005 ERIC JOHN MANDERBACH 920 MAGNOLIA DR ENOLA PA 17025 WID ~ 031019283829373 001 PROCESSING DATE 04/11/2003 DRIVER LICENSE ~ 22816703 DATE OF BIRTH 04/16/1971 Dear MR. MANDERBACH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 15qfi of the Pennsylvania Vehicle Code. As a result of your 0q/10/2005 conviction of violating Section 5562 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED~ on 09/08/2002: · Your driving privilege is SUSPENDED fop a ~ePiod DAY(S) e~fective 0~/10/200~ at 12:01 a.m. Instead of assigning Points to Your driver's license recoP'd, Section lSq~ of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 25 DAY(S) sus- pension to Your current suspension. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege Js currently suspended/revoked. You must return ail current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession ~MMEDIATELY. YOU MAY NOT RETAIN YOUR DR~VER'S L~CENSE FOR IDENTIF~CATZON PURPOSES. However, you may apply for and obtain a Photo identification card at any Driver License Center for a cost of ~10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any until we receive your license(s). Complete the steps to acknowledge this suspension. suspension following 031019283829373 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 nota- rized 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 driver'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 license(s), learner's Permit(s), camera card(s), and/or a aworn notarized letter, PennDOT will send you a receipt confirming the date that credit be- gins. 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 suspensi.on PennDOT phone numbers are listed at the end of this letter. If you do not return all current ducts, we must refer this matter State Police for Prosecution under of the Pennsylvania Vehicle Code. driver license pro- to the Pennsylvania SECTION 1571(a)(q) You have the Eight to appeal this action to the Court of Common Pleas (Civil Division) within $0 days oF the mail date, APRIL 18, 2003, of this letter. IT You Tile an appeal in the County Court, the Court will give You a t/me-stamped certified copy o4 the appeal. In order for your appeal to be valid, you must send this time-stamped ' · ' certifzed copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCIAL NOTZCE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. E X H I B I T "P-2" ERIC JOHN MANDERBACH, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. G : ,9,0 CIVIL ACTION - LAW ORDER AND NOW, this~r t't Jday of /~)/0 ~ , 2003, a hearing is set in this matter for the / ay of [./t.,t ~/,J' ,2003, at ~ *' O0/~VI., in the Cumberland County Courthouse, Courtroom No. ox~ , One Courthouse Square, Carlisle, Pennsylvania, to take testimony and examine into the facts of the case to determine whether the operator'sd cense of the Appellant is subject to suspension by the Commonwealth of Pennsylvania, Depamnent of Transportation. tRUE COPY FROM RECORD tn Te~t!~to;!y when~3f, I ~ unto ~ my ~n~ .~othon~r~ E X H I B I T "P-3" IN THE COURT OF C~MMON PLEAS, COUNTY OF ........... ... 'i C ~i~B E }~/~ AN D Notice of A~peal from Sum;~ary Criminal Conviction Name and Address of Defendant: Eric John Manderbach 920 Magnolia Drive gnola, PA ~p 17025 Date: .................... Issuing Authority Docket No. TR-0004563-02 Citation No ... K 0358167 - 5 Magisterial District No. 09 - 1 - 02 Appeal from sentence of ex.c e ~ ct lng, .ma x.imu, m .s p ee.d.. 1 imi.t s Date of Senter~ce:4 / 1 0 / 0 3 Offense(s) of which convicted .......... e x c e ed.in g. raa x imum. s p'e.e d 1 imi t s .... Name and mailing addres_s of affiant as shown on citation If sentence includes fine and costs, amount of which paid: or complain Trooper Macf,a.r%an.d ........... Pa. State Police -%800.-E$mer. to~.Av¢~ ......... Name and address of issuing authority: D.J. Robert Vo Manlove 1901 Sta~e Street Camp Hill, PA 17011 Phone 761-0583 $193.00 Type or amount of bail furnished to issuing authority, if any: N/A ~ s~~'' ~t'~'~, ORNEY IDENTIFiCATiON NO. Nameandadd~of //'"'~,~'~;r 23144. :~, <fordan-D. Cun~i~'~'~ Esquire (street) .~.~,~..~.~.~ .$~.=~¢.~ ·Phone ~ (address>..~..~ ~ ~-.S.b ~ ~ g... ~A Z,P ,l Z ! !0 ....... NOTICE TO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify this copy and mail to the following address: Bureau of Traffic Safety Operations Room 308 Transportation and Safety Building Harrisburg, Pennsylvania 17123 I hereby certify that an appeal has been filed in the above captioned matter. CLERK OF COURTS CLERK OF COURT IN THE COURT OF r'~MMON PLEAS, COUNTY OF ...... DAU'P E.T '~ .............. Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Eric John Manderbach 920 Magnolia Drive Enq~a., . ~ ........... Z~P. ~7.0.2~ ....... Date: .................. Issuing Authority Docket No. T.R.'~ ~ 0,001 ~..-5.~-.0 C a uriNe A9279853-2 Magisterial District No.,. ~ 2, T'.3 ~T ~ .3 .................. Appeal from sentence of .... Opera t lng, vehi¢.l e w,i,tho,a.t., r.e. qu.ir~ed...f inanc gal r es.pons i.bi.1 i t.y ......... DateofSentence: .4/2/03 Offense(s)ofwhichconvicted Operating vehicle without financial ....... res onsibilit Name and mailing address of affiant as shown on citation m an Officer James P. Glucksman or co p t 75 S. Houcks Road Harrisburg, PA 17109 Name and address of issuing authority: D.J. Samuel J. Magaro 4401-A Linglestown Road Harrisburg, PA 17112 Phone -5¢t S70.2 1 if sentence idcJudes fine and costs, amount of which paid: $380.00 Type or amount of bail furnished to ~ssuing authority, if any: N/A ~"~ t 'FfORNEY IDENTIFICATION NO (print name) J oJ~'fl~ D.. · · Gu.nh i ngh am ~..F. s q.u i r e (street) 23.20 .N .2nd · .$t;~eet Phone 238.--65.70. (addressE. a:r r. i. s b ~ ~ g, ~.. i~A ....... ZiP 1.7.110 ...... NOTICE TO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the (51erk of courts certify this copy and mail to the following address: Bureau of Traffic Safety Operations Room 308 Transportation and Safety Building Harrisburg, Pennsylvania 17123 hereby certify that an appeal has been filed in the above captioned matter. CLERK OF COURTS CLERK OF COURT INTHE COURTOF' ' ','IMON PLEAS, COUNTY OF ...... D AU.P H.' ............. Notice of Appeal from Summa'r¥ CNminal Conviction Name and Address of Defendant: Eri¢.Joh.n..Mand.e~h~c.h ................. .... 9ZO..Mag~o.l.ia..D=ive ......................... .... Enol.a.,. P.A ................. Z~P ..... l~0Z5 ..... Date: ................... Issuing Authority Docket No '~ It-0 O 00.113 ~ 03 Citation No .......A927.9.852 ~-.1 ............. Magisterial District No ..... 1.2.- 3 ?0.3 ............ Appea~ from sentence of .... dr i.ving · .whi 1 e...ope, r.a tQr.~.8., pr i.vilege s a r.e.. s.u. 8 P9 Rd e.d.. p r. ~ .~.ey qk ed ....... Oaleof Sen ence4/02 / 03 Offense(s)ofwhichconvicted ¢,rivip, g Nh~.!e qPe.~'atg~'.'~.s p'civ~]~eges ..... .... are suspended or revoked Name and mailing address of affiant as shown on citation Officer James P. Cluckman or complaint 75 S. Houcks Road Harrisburg, PA 17109 Name and address of issuing authority: D.J, Samuel J. Magaro 4401-A Linglestown Road Harrisburg, PA 17112 Phone ...... 545~026.1 If sentence includes fine and coats, amount of which paid: .................. Type or amount of bail furnished to issuing authority, if any: ................. ........... ........ Nam ~ ~.~ EY IDENTIFICAHON NO. eand~il~essof ~ ,~¢4M1~ 23144- (signat~ ~ .............. (printn e~)..._JT~a.n Do cUnn;n;*~'f'; Esquire' (slreet)..232.0. N... 2nd. S C~eeC Phone. 238 *~6520 .. (address)... ,~ ar r i $ bu.r 8 ¢' · .PA ...... ZIP ~ 7. l 10 ...... NOTICE TO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the blerk of courts certify this copy and mail to the following address: Bureau of Traffic Safety Operations Room 308 Transportation and Safety Building Harrisburg, Pennsylvania 17123 hereby certify that an appeal has been filed in the above captioned matter. CLERK OF COURT IN THE COURT OF ,~MON PLEAS~ COUNTY OF ..... DA~?H, .............. Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Eric John Manderbach 920 Magnolia Drive .... ~'~'6i ~ / ' 'P~. ........................ i V0'2'5 ........ Date: ................ Issuing Authority Docket NO. T R - 00 00 i 1/4 - 0 3 Citation No ....... ~ 9 ;~ .7. 9. 8.~.]~ 77 ~ ............. Magisterial District No ...... !.2.'T:3 % 0.3 ............ Appealfromsentenceof authority to inspect/police DateotSentence: . 4..!~/03 Offense(s) of which convicted a u ~ h.or i [ y .t o. · il%.s p e c. 1~./p o 1 iee Name and maiJing address of affiant as shown on citation or complaint Officer James P. Gluckm 75 S. Houcks Road ~a. rr.is, burg, PA 17109 Name and address of issuing authority: D.J. Samuel J. Magaro 4401-A Lin lestown Road ................ Ha.rKi.$.b~Kg,. ~A .............. ZIP .~.7..!!2 ..... Phone 5~%0~1., n If sentence includes fine and costs, amount of which paid: ...~105.O0 ..... Type or amount of bail furnished to issuing authority· if any: N/A Name and addre~b~ - /~,.- ~ z~FIOATION NO . ...... .................... (p' t name) .... Jozd an- D.,..CunnirLgh am, E sq.u ir~ (street) 2.320..~.o~h. S~o.~d..S~one. ~.38~65~0 (address) .. H~.~.i 8 hgrg.~..~A ...... ZiP 1 7.~ l0 ...... NOTICETO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify this copy and mail to the following address: Bureau of Traffic Safety Operations Room 308 Transportation and Safety Building Harrisburg, Pennsylvania 17123 I hereby certify that an appeal has been filed in the above captioned matter. CLERK OF COURTS CLERK OF COURT ERIC JOHN MANDERBACH, : Appellant : COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, : Appellee : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2066 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the attached PETITIONFOR CONTINUANCE in the above captioned matter, by placing the same in the U.S. mail, postage prepaid, on June 6, 2003, addressed to: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Date:.June 6, 2003 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. to Jordan D. Cunningham, Esquire 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) ERIC JOHN MANDERBACH, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, pENNSYLVANIA NO. 03-2066 CIVIL ACTION - LAW ORDER AND NOW, this ]~_ dayof ~, 2003, upon review ofthe annexed Petition for Continuance and upon motion of Jordan D. Cunningham, Esquire, it is hereby ORDERED that the hearing scheduled in this matter for June 16, 2003 is hereby continued. The hearing is now scheduled for the ~ day of September, 2003, at ]]~O~..M., in the Cumberland County Courthouse, Courtroom No. ~", One Courthouse Square, Carlisle, Pennsylvania. ERIC JOHN MANDERBACH, Appellant : 1N THE COURT OF COMMON PLEAS : CUMBERL~ COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee NO. 03-2066 CIVIL ACTION - LAW PETITION TO WITHDRA'W APPEAL AND NOW, comes the Appellant, ERIC JOHN MANDERBACH, by and through his counsel, Cunningham & Chemicoff, P.C., who files this Withdraw of License Appeal and in support thereof, avers the following: 1. Appellant is ERIC JOHN MANDERB ACH, an adult individual who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 2. On May 31, 2003, your Appellant filed a Notice of Appeal with the Court of Common Pleas of Cumberland County, Pennsylvania. 3. On May 9, 2003, the Honorable Edward E. Guido, scheduled a hearing for June 16, 2003, beginning at 2:00 p.m. to take testimony with regard to the Notice of Appeal. 4. On June 12, 2003, in response to a Petition for Continuance, the Honorable Edward E. Guido entered an Order continuing a hearing on the License Appeal to September 22, 2003, beginning at 11:00 a.m. 5. The summary convictions which formed the basis of the Appellant's license suspension had been timely appealed and docketed with the Courts of Common Pleas of Cumberland and Dauphin Counties. 6. The summary appeals have now been resolved by the respective Courts. 7. As a result of the decision of the respective Courts, PennDOT has revised its internal records and removed the one (1) year suspension and the twenty-five (25) day suspension ofdriving privileges issued to the Appellartt. See attached correspondence from PennDOT advising of its administrative action to conect Mr. Manderbach's driving record attached hereto as Exhibit "A". 8. As a result of PermDOT's actions in rescinding the license suspensions, the action pending before this Court is now moot. 9. Counsel for the Commonwealth, George Kabusk, Esquire, was contacted by Appellant's counsel regarding the status of this matter and Mr. Kabusk has indicated that the 2 Commonwealth has no objection to the withdrawal of the Appeal in light of the action taken by PennDOT. WHEREFORE, your Appellant, ERIC JOHN MANDERBACH, respectfully requests this Honorable Court to grant Appellant's Petition to Withdraw his Appeal of his license suspension.. Date: ~///~ By: J~rdan~.J~lJn~ingham, Esquire /I.D. #23~z 2320 lfforth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) E X H I B I T "A" Froe-OFFICE OF CHIEF COUNSEL ?I?-TO$-I1ZZ T-317 P.OOZ/O04 F-151 OFFICE OF CHIEF COUNSEL · Vehkh & Traffic Law Division RNerfront Oflke Center I101 Sou~h Front Street Harrisburg PA 11104-2SI6 Jordan D. Cum'dngham, Esquire Cunningham & Chernicoff P.O. Box 60457 Harrisburg, PA. 17106-0457 Re: September 17, 2003 Re: Eric John Manderbach v. Conm~w. of Pa., DOT, BDL, Cumberland County, 2003-2066, License Suspension Appeal Dear Attorney Cunningham: The Department is in receip: of information that indicates upon appeal the petitioner was found not guilty of the charges of (1) a violatio:a of Section 1543 of the Vehicle Code, violation date December 4, 2002, which resulted in a one year suspension pursuant to Section 1543 of the Vehicle Code, ard (2) a violation of Section 3362 of the Vehicle Code, violation date September 8, 2002, which resulted in a 25 day ldd-on suspension pursuant to Section 1544 of the Vehicle Code. Please be advised that the Departraent corrected its re¢~ords and rescinded and deleted the 1543 and the associated one year suspension and the 3362 and the associated 25 day suspension. See attached print-outs confirming the same. A hearing in this matter is scheduled for September 22, 2003, at 11:00 a.m. in the Cumberland county Courthouse, Courtroom Number 5, Carlisle, Pennsylvania. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal. Kindly provide me a copy of the praecipe so that I may close-out my file. If you have any questions, please feel f~ee to call me. GOVERgOR'S OFFICE OF GENERAL COUNSEL TEL[~?HONE: 717.787.2830 FAX: 717,705.1122 ww~v.dOLState,pa.u~ Sincerely, Assistant Counsel SEP-l?-2003 09:23 717 ?05 11~2 98~. P.02 CERTIFICATE OF SERVICE I do hereby state that I served a tree and correct copy of the attached PETITION in the above captioned matter, by placing the same in the U.S. mail, first-class, postage prepaid, on September 1.8, 2003 addressed to: George H. Kabusk, Esquire Office of Chief Counsel PennDOT Riverfront Office Center Third Floor Harrisburg, PA 17104-2516 Date: September 1.8, 2003 Respectfially submitted, CUNNJls~'~/&-~'E~ RNIC O F F, P.C. BY~J~or dan~,~unningham, Es~tuire 232.fflqorth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Appellant) SEP 1 § 2003 ERIC JOHN MANDERBACH, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2066 CIVIL ACTION - LAW ORDER AND NOW, this ~ day of SEPTEMBER, 2003, upon review o£the annexed Petition for Withdraw of License Appeal and upon motion of Jordan D. Cunningham, Esquire, it is hereby ORDERED that the hearing scheduled in this matter for September 22, 2003, beginning at 11:00 a.m. is hereby cancelled, and that the Appeal o£the action o£the Pennsylvania Department of Transportation's decisions dated April 10, 2003 and April 18, 2003 are hereby ordered to be marked as withdrawn. Copies to: Jordan D. Cunningham, Esq., 2320 N.2nd St., Harrisburg, PA 17110 George Kabusk, Esq., PennDOT, Office of Chief Counsel, 3rd Fl., ~p~ ¢, ,23 oj Riverfront Office Center, Harrisburg, PA 17104-2516 /~ .