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Home My WebLink About99-04417i TERRYZOOK V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9QI _ 44)7 LuuQ ?(YYt LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this LLday of ,1999 upon Petition of Terry Zook, a hearing is set on the License Suspension Appeal for the day of l ? G 1999, at ?): Co o'clock W-.m. In Courtroom Number d, 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 15W(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: d/ "I ??.M J. a M 1?5 TERRY ZOOK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. - 4LI17 Ca?Q T, COMMONWEALTH OF PENNSYLVANIA : LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Terry Zook, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Terry Zook, is a Pennsylvania licensed driver with a residence address of 415 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 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 171042516. 3. Petitioner received a notice of license suspension by way of letter dated June 22, 1999 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on July 27, 1999, at 12:01 a.m. for a period of three (3) months for a violation of Section 1371 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: a a. Petitioner's registration was improperly suspended by PennDOT when in fact at all times pertinent hereto there was insurance coverage on the registered vehicle in question, b. The underlying conviction is presently on appeal nunc pro tunc in Cumberland County. C. Said suspension is otherwise in violation of Chapter 17 of the Vehicle Code pertaining to maintenance of financial responsibility and/or applicable case law and/or regulations of the Department of Transportation. WHEREFORE, petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of June 22, 1999 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, MANCKE WAGNER H RSHEY & TULLY Date: gy David E. ershey, Esquire I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 2347051 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 th:0 day of July, 1999, 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 171042516 B?t kQ D D Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 VERIFICATION 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. -I l z 1Gg Date E COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ---- Bureau of Driver Licensing ---- Harrisburg, PA 17123 JUNE 22, 1999 TERRY GEORGE ZOOK JR 991669283161970 001 415 HUMMEL AVE 06/15/1999 23581359 LEMOYNE PA 17043 11/22/1970 Dear Motorist: As a result of your conviction on 03/24/1999 of violat- ing Section 1371 of the Vehicle Code, DRIVE WHILE REG.SUSP/REVD on 01/28/1999, your driving privilege is being SUSPENDED for a Period of 3 MONTH(S) as mandated by Section IS32B of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver'!, license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving privilege is = under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 07/27/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. EXHIBIT "A" • 0 991669283161970 You will be notified of any outstanding restoration re- quirements 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 privilege restored. 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 letter, JUNE 22, 1999. 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 cer- tified 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 Sincerely, SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.D. Box 68693 Harrisburg, PA 17106-8693 Rebecca L. Bickley, Director Bureau of Driver Licensing 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-_0616 TOO OUT-OF-STATE 717-391-6191 cr C, E , > tub' c% 3 T 1J O ?.? ; c C 1 C,J J cl? 7 THE 00 HEREBY p9 A TRUETAND T CHAT TO RECT COPY OF THE ORIGINAL LAW OFr ICES P WRITTEN Pl IPON!! TO THE MUD IN T HM HIS ACTION ITTIM MIN ITre9TV a ao Aoars PNON LED KNI NINTY J FROM By MANCKE, WAGNER, HERSHEY & TULLY LAArN eNRNO AwHSr Tau ATT EY ?„ JUL 1999W TERRY ZOOK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF NO. 99-4417 CIVIL TERM PENNSYLVANIA, DEPARTMENT : LICENSE SUSPENSION APPEAL OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING ORDER OF COURT AND NOW, this 1? day of --t, &. , 1999, upon petition of Terry Zook, the license suspension appeal hearing in the above-captioned matter is hereby rescheduled for the ? y ogow -& day of l mlto N , 19", at (• 50 o'clock -p.m., in Courtroom No. Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Pursuant to § 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's supersedeas shall continue in full force and effect, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. 13"HE COURT: / . / i J. Y LP `. '• .?1C? C? _ t:: '. ? , ) 1 1 1" " (.- _t. G ' ` C" U ?J `', TERRY ZOOK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4417 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : LICENSE SUSPENSION APPEAL OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING To The Honorable Edgar B. Bayley: NOW COMES Petitioner, Terry Zook, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this motion for continuance: 1. A license suspension appeal hearing is presently scheduled for Monday, October 4'^ at 2:00 p.m., in Your Honorable Court. 2. The underlying conviction, which triggered the Department's proposed action, is presently on appeal in Cumberland County, that appeal being filed September 20, 1999, as per Order of this Court at related docket 99-270 Miscellaneous. 3. The underlying conviction will be resolved with a plea to an alternative charge, thereby rendering the Department's action moot. 4. The license suspension appeal hearing was scheduled in order to preserve Zook's driving privileges. 5. Counsel for Penn DOT, George Kabusk, Esq., was consulted by telephone this date, and has indicated he has no objection to a motion for continuance until January 2000, so that the underlying matter can be resolved at the summary appeal hearing. WHEREFORE, Petitioner prays Your Honorable Court continue the license suspension appeal to a date certain for January, 2000. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner Date: ZC-/ -T? David Lf*rstre-yEsq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D.#43092 TERRY ZOOK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4417 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : LICENSE SUSPENSION APPEAL OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING CERTIFICATE OE SERVICE I, David E. Hershey, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George Kabusk, Esq. Office of Chief Counsel PA Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Date: David E. Hershey, Esq. The undersigned, David E. Hershey, hereby verifies and states that: 1. He is the attorney for Terry Zook, and is authorized to make this verification on his behalf; 2. The statements set forth in the foregoing Motion for Continuance are known to him and not necessarily to the client; 3. The statements set forth in the foregoing Motion for Continuance are true and correct to the best of his knowledge, information and belief, and 4. He is aware and understands that any false statements therein are subject to the penalties contained in 18 Pa.C.S. §4904, relating to unswom falAcation to authorities. Date: l G e? Q David E. WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COI RN COPY OF THE ORIGINAL FRED IN THIS ACTION BY ATTORNEY IAW OT II 11 MANCKE, WAGNER, HERSHEY & TULLY OC;f 199gip HINEINY Pd6TOiR A WRRTEN RESPONSE TO THE QLO[ED iNIN TW[NTY (& ORYI [ROY EERYEC NLRFO[ d A JUDGMENT wY All ENTERED A6V.T v. w i. w cr >. Z J t. O a D F- K w Q u ? 0 3 W W 5 Y 2 y Q W ^ TERRY ZOOK V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4417 CIVIL LICENSE SUSPENSION APPEAL PRAECIPE Please withdraw the license suspension appeal filed in the above-captioned matter as the case is now moot. Respectfully submitted, MANCKE WAGNER H RSHEY & TULLY Date: 01/07/00 By David E. ersh Esquire I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 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 71" day of January, 2000 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 Bw a A ?-1 Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY LU C SLR: Q [1?0. o U