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Home My WebLink About99-06276COMMONWEALTH OF PA V. MICHAEL EDWARD WILBERT, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6276 CIVIL TERM AND NOW, this 22nd day of December, 1999, a rule is issued upon Royce L. Morris, Esquire, to show cause why he should not be held in contempt of court for failing to appear at this hearing and for failing to notify counsel for the Department and/or the Court of his intention not to appear. Said rule returnable on Thursday, December 30, 1999, at 8:30 a.m. in Courtroom Number Five of the Cumberland County Courthouse. By the George H. Kabusk, Esquire For the Commonwealth of PA Royce L. Morris, Esquire For the Appellant :lfh ?. dward E.?Guido, RK3 f 1 4Ll ^? co to COMMONWEALTH OF PA V. MICHAEL EDWARD WILBERT, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6276 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of December, 1999, the Appellant having failed to appear for the hearing as scheduled, and the Commonwealth having submitted a certified copy of the driving record; it appears to the Court that Appellant was, in fact, under suspension at the time of the underlying offense. The appeal is DISMISSED and the action of the Department in suspending Appellant's operating privileges is AFFIRMED. By the Cou Edward E. Guido, George H. Kabusk, Esquire R K3 For the Commonwealth of PA Royce L. Morris, Esquire For the Appellant :lfh N3 ;V I . LAW OPPICBS GOLDBERG. KATZMAN & SHIPMAN. P.C. RONALD M. KATZMAN F. LEE SHIPMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS C. BRENNER JOHN A.STATLER APRIL L. STRANO•KUTAY GUT H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WEBER ARNOLD 6. KOGAN ROYCE L. MORRIS [VAN J. KLINE. RI JOHN DELORENZO STEVEN E. GRUBS JOHN R. NINOSKY 1- Facuimile (240-6462) and U.S. RegularMail 090 NAHSET STHEST OF COUNSEL STRAWBERRY BOVwpB ARTHUR L. GOLDBERG P.O. DOE 19613 JOSHUA O. LOCK IIARHISDUUO. PENNSYLVANIA 17106.19613 TELEPHONE: (717) 904.4101 PAEI (717) 904.OBOS HARRY 6. GOLDBERG 11961.10961 11TTPJ/W W W.OESLAW.COI1 HERSHEY OFFICE: 17171533-4049 CARLISLE OFFICE: 47171843-0597 YORK OFFICE: 17171843-7918 December 23, 1999 Honorable Edward E. Guido Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Commonwealth v. Michael Edward Wilbert No. 99-6276 Civil Term Dear Judge Guido: I am in receipt of your Order dated December 22, 1999 issuing a Rule to Show Cause why the undersigned should not be held in contempt for failure to appear before Your Honor on December 22, 1999. First, I would like to indicate my sincerest apologies for any inconvenience caused to the Court. However, on December 21, 19991 I contacted the Chief Counsel's office of the Commonwealth of Pennsylvania's Department of Transportation and notified them that Mr. Wilbert, after having consulted with me, was agreeing that his suspension was appropriate and therefore there was no need to appeal from that suspension. I further advised that we were agreeing to have an Order entered dismissing that appeal and therefore there would be no need to appear for the hearing. That message was directed to George H. Kabusk, Esquire attorney for the Commonwealth of Pennsylvania. At the time of the call Mr. Kabusk was not in the office and the message was left with his secretary specifically outlining the fact that there was GOLDDLIIO. KATZMAN & S1111-MAN. P.C. no need for us to continue with the hearing. It was my hope that Mr. Kabusk would appear and make that representation to the Court and that the matter would be resolved by an Ordcr dismissing our appeal. I take full responsibility for my lack of foresight in taking the next step in placing a call to your office indicating the communications that I had with the Chicf Counsel's office. Please accept this letter as a full and complete explanation of my failure to appear on December 22, 1999. Thank you for your time and attention. Should you have any further questions, please feel free to contact me. S' clY, Roy'cc .Morris RI.M:kjm Enclosure 7777x.1 cc: George H. Kabusk, Esquire Oic-23-1000 11:01 Fro-OFFICE OF CHIEF COUNCIL +1111051122 7-122 P.002/003 F-131 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DFMION RIVERFRONr OFFICE CENTLR-THIRD FLOOR 1101 SOUTH FRONT STREET HAR ISHURa PENNSYLVANIA 171042516 TEt.alnOrM p173787-M VA)(, (717)7&1-1121 December 23,1999 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: Michael Edward Wilbert v. Con=w. of Pa, Dept. of Trans., Bureau of Driver Licensing, 99-6276, License Suspension AppeaL Dear Judge Guido: A heating was held on December 22, 1999, in the above-mentioned matter. At the conclusion of the hearing, the Court issued a Rule to Show Cause to W. Morris and requested the Department to submit an estimate of costs. As you recall, the petitioner did not appear for the hearing. I represented to you that I had a telephone conversation with Mr. Morris, the attorney for the petitioner, on Tuesday motning, December 21, 1999, in which we discussed this matter. I told Mr. Morris that I had the flu and would only be in the office a half-day. He said that he would call me back regarding the case and that he would leave a voice message. I had no voice message from Mr. Morris after I checked my voice messages Tuesday evening and Wednesday morning before appearing in court. I on now confirm that Mr. Morris did contact my otflco and he did in fact leave a message with one of our support stall The support staff did not put him through to my voice mall but rather took a hand written message. The message was then posted In my office. The handwritten message indicated that "they would not be going to court on December 22, 1999, because after review they feel the conviction should stand" At the time of the hearing I did not know Mn Morris called into my office and left a message because I did not go into my oflice on the morning of December 22, 1999, but rather went directly to court. Under the circumstances, the Department will not be seeking cost, in this matter. If you have any questions, please do not hesitate to contact me. Sincerely, Da-22-10110 11:07 From-OFFICE OF CHIEF COUNCIL +TITT051122 T-122 F.001/001 F-1134 roe FI?Kabuak AssWmt Counsel OHS Ok cc: Royce L MOtris, Bs4ufm, Goldberg, Kataaan & Shipman, 320 Market Sind, StmwbaV Square, P.O. Box 1268, Harrisburg, PA 17108-1268 GOLDBERG, KATZ.MAN & SHIPMAN, P.C. Royce L. Moms - N64310 Attorneys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108.1268 (7M 2344161 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Vs. 716.9 9. G.7 76 et u? f Ti NO. TR-0004ft"9 MICHAEL EDWARD WILBERT Appellant ORDER AND NOW, this ZL-Mday of j e ` tl , 1999, it is hereby ORDERED AND DECREED that the a hearing in the above-referenced matter be held on lag etcL day of 3LCLojjh , 1999, at IV: 3D o'clock A.m. in Courtroom Y of the Cumberland County Courthouse. BY THE COUR Nd' f, d i0" co?,,?,sf-' 99 t1t)`1-1 tu•110? 31 CU?1 ?C??;a fLVP.t+ 4 t t ? x l::sy s t 'r? 4$74 ff ?r `q: of e ??r ?e?<Y "i(l! l_ GOLDBERG, KA17MM & SIIIPMAN, P.C. Royce L. Moms - N64310 Attorneys for Defendant 320 Market Street Post Office Box 1268 llarrisburg, Pennsylvania 17108.1268 (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA VS. yF9.6.796 Ci<-t( %i.., NO. TR-0094965-99 MICHAEL EDWARD WILBERT Appellant APPEAL OF MOTOR VEHICLE LICENSE SUSPENSION AND NOW, this 14" day of October, 1999, comes the Defendant, MICHAEL EDWARD WILBERT, by and through his attorney RoyccL. Morris and Goldberg, Katzman & Shipman and files an appeal to the Commonwealth's Notice of License Suspension and avers as follows: 1. The above-captioned Appellant currently holds a valid Pennsylvania driver's license. The license number of 19515533. 2. On or about September 9, 1999, the above-captioned Appellant received Nodcc of a License Suspension to begin and be effective October 19, 1999. Sec Notice of License Suspension attached hereto, made a part hereof and marked as Exhibit "A". 3. Appcllant was notified that the suspension resulted from a conviction which occurred on August 19, 1999, for a violation of Section 1543(a) of the Vehicle Code. 4. It is believed and therefore averred that at the time of the alleged violation on August 19, 1999, the above-captioned Appellant held a valid driver's license in that his privileges had been restored after payment of all fines and costs on August 19, 1999. See Restoration Letter attached hereto, made a part hereof and marked as Exhibit "B". WHEREFORE, Appellant respectfully requests this Honorable Court order the Commonwealth of Pennsylvania, Department of Transportation to restore the Appellant's driving privileges and rescind their Notice of Suspension dated September 7, 1999, or in the alternative order a hearing in the abovc•captioned matter. Respectfully submitted, GOLDBERG, KATZMAN 8c SHIPMAN By 12-444 R ycc . MorW3 quire Attorney I.D. 10 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: Attorney for Appellant 31331.1 LExhlbltA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ---- Bureau of Driver Licensing ---- Harrisburg, PA 17123 ---- SEPTEMBER 14, 1999 ---- MICHAEL EDWARD WILBERT 992501283853533 On R D 1 BOX 641 01/07/1111 11515533 LANDISBURG PA 17040 11/16/1161 Dear Motbhi'st).. ..r.... - • .._:•, As a result of your conviction on 08/19/1999 of violat- ing Section 1543A of the Vehicle Codes DRIVING WHILE CUSP/REVOKE on 07/25/1999, your drivino privilege is being SUSPENDED for a period of 1 YEAR(S) as mandated by Section 1543 of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learnar's permit and/or temporary driver's 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. R2t"UU91i•the 2ew,mandates that under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Forms or a letter acknowledging your sanction is received in this Iurtow, WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENTs WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN IN DAYS CONTACT THE OBPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The affective date of suspension in 10119/1999, 1i)01 e,M, Piaasa Ass the enclosed application for restoration fee in- formation. CO'd VVST 661 £T 100 0097-68&1.TG : xaj NOI1)NnC Abrad 992509283B53S13 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. APPEAI You have the right to appeal thin action to the Court of Ceeeon P1eoe - (Civil • 01v1sion) within 30...44va.. ef. tea, well date of this letter, SEPTENB&R 14, 1999, tf 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 tot PENNSYLVANIA OBPARTMENT OF TRANSPORTATZON OFFICE OF CHIRP COUNSEL THZRD PLOORp RIVERFRONT OPPZCQ CINTER HARRISBUROP PA. 17104-2316 Sincerely, SEND FEE/LICENSE/DL-16LC/TO= Department of Transportation ra -- emv •1t-404~4 onsfng .. Pao. Box 64S9s Herrisbure, PA 17106-0693 g "l '% , Rebecca L. Bickley. Director Bureau of Driver Licensing INFORMATION (7100 AN TO 9roo PM) IN STATE 1-800-932-4600 TOO IN OTATC 1.00 •2Z •067?? TDD OUT-OF-BTATE 717-891-6191 £0'd V£:51 66, £T 100 OM-681-LTL : XEd NOI10t" AbWd .,", 0 Exhibit B COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 04/22/99 MICHAEL EDWARD WILBERT DRIVER'S LICENSE NUMBERt 19519533 R D 1 BOX 641 BIRTH DATEt 11/10/61 LANDISBURG PA 17040 ' "Debr'MR.'w1tbEftT• r This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that Your driving privilege has been restored. Only after that may you drive. The date when you are eligible to have your driving Privilege restored has not been determined. To determine this ELIGIBILITY DATE, you must resolve any issues listed In this letter as DRIVER'S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL. Please read the following information carefully and be sure to complete all requirements to have your driving Privilege restored. Unless another address is indicated, return any documents end/or fees to the MAILING ADDRESS listed at the and of this letter. RESTORATION FEE -You must pay a 425.00 restoration fee to PennDOT. Write your driver's license number (listed above) on the check or money order R4-fnsurrAreM+r-?M/it._?Yaur. ehaek.lU .lOanev aCdar ¦hOul??k,e,. U" payable to PennDOT. DRIVER'S LICENSE RETURN -You era required to return any and all current PENNSYLVANIA driver'a liconae(s), learner's Permit(a) and/or camera card(a) to PannDOT. If theme are not in Your possession, are eXpired, or you have never been issued a PENNSYLVANIA driver's license, complete and return an Acknowledgment Form (OL-16LC) to PennDOT. If you are an OUT OF STATE licensed driver or an OUT 0P STATE resident who has never been issued ¦ driver's license, complete and return an Acknowledgment Form (dL-I&LC) to PehnDOT. An Acknowledgment Form (DL-1f LC) may be obtained at any PsnnDOT Orivar's License Center. You may also write at call the address er phone number at the and of this letter to obtain this form. 3 SO'd V£:S1 66. 0 130 009V-69L-G1L o XPJ NOI10Mr Ablad LICENSE NO. c 19515533 This letter identified the requirements necessary to restore your driving privilege and we ¦re looking forward to working with you to do this. Unless another address was indicated# return any documents and/or foss to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service# please write your driver's license number* listed at the beginning of this letter# on all documents you send to PannOOT. Thank You. MAILING ADDRESSI PennDOT Bureau of Driver Licensing P.O. Sox 68693 .Harrisburg, PA 17106-8693 INFORMATION (7100 AN to 9100 PM) IN STATE 1-Soo-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-8676 TDD OUT-OF-STATE 717-391-6191 a 60'd W51 66s £T 130 009V-684-4TL : xej NOIl>W AM .. t,re?sv { 00 1AALTA OF. PENNSYLVANIA, ))? 41ENT OF TRANSPORTATION,. bureau of Driver Licensing ' i, MICHAEL EDNAR WILBERT R MID +. ,992339692060216 003 D 1 BOX 641 P40CESNG DATE 06/11/1999 LANDISBURG PA, 17040 DRIVER LICENSE '39S1SS33 ?. DATE. BIRTH 11/36%1963: Dear MR. WILDE To Your drivin0 16iva"a` is restorad off active 00/19/1999, Please drive carefully. PennDOT remains dedicated to safety on Pennsylvania highways because, as our customer, you are importent to us, Sincerely, Rebecca L. Mickley, Director Bureau of Driver Licensing , t 10'd Or: S1 66, 21 100 009D-68L-Z% : xed NOII)t" A&W I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, Coed Mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel 3' Floor, River Front Office Center Harrisburg, PA 17104-2516 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: aew lwak? - Royce L. Morris, Esq ' c 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Appellant Date: ?'7 ?, h r T v o? fit. C? 1. C5-.: t ?7 i'? ??? __ L? r? '- j_:. c r C. C1? ? ffl' ?'^ l.) <? P (? DL-326 (PJ95) CERTIFICATION DATE: October 25, 1999 I hereby certify that Rebecca L. Bickiey, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension of operating privileges dated & mailed 09/14/99, effective 10/19/99; 2) Record of Conviction Details received by the Department electronically from the DISTRICT COURT NO. 09303, for Citation No. G07357770, date of violation 07/25/99, date of conviction 08/19/99; 3) Official Notice of suspension of operating privileges dated & mailed 03/31/99, effective 04/21/99, and 4) Driving Record, which appears in the file of the defendant MICHAEL EDWARD WILBERT, operator's no. 19515533, date of birth 11/18/61, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. §§6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. Q a' SEAL REBECCA L. BICKLEY, DI TOR BUREAU OF DRIVER LICENSING COMMONWEALTirS EXHIBIT I 122241 LI it 1 ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ---- Bureau of Driver Licensing ---- 1 Harrisburg, PA 17123 ---- SEPTEMBER 141 1999 ---- 1 MICHAEL EDWARD WILBERT 912501263653513 001 R D 1 BOX 641 04/07/1111 11515533 1 LANDISBURG PA 17040 11/16/1461 1 Dear Motorists As a result of your conviction on 08/19/1999 of violet- 1 ing Section 1543A of the Vehicle Coda, DRIVING WHILE SUSP/REVOKE on 07/25/19991 your driving privilege is being SUSPENDED for a period of 1 YEAR(S) as mandated by Section 1 1543 of the Vehicle Code. 1 In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or 1 temporary driver's 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 1 to submit a DLi6LC 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 1 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, t 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. 0 The effective date of suspension is 10/19/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. *l I 992509243653513 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. SEPTEMBER 14, 1999. If you film an appeal in the County court, the Court will give you a tIm- stamped certified copy of the appeal. Sand this time- stamped certified copy of the appeal by certified mail tot PENNSYLVANIA DEPARTMENT OR TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR# RIVERFRONT OPPICE CENTER HARRISBUROo PA. IT104-2516 Sincerely Rebecca L. Sicklays Director Bureau of Driver Licensing / / / SEND FEE/LICENSE/DL-16LC/TOs Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburgo PA 17106-8693 INFORMATION (7100 IN STATE OUT-OF-STATE TOO IN STATE TOD OUT-OF-STATE AN TO 9100 PM) 1-000-932-4600 717-391-6190 1-000-228-0676 717-391-6191 C7203800 3DLO3802 conviction Detail screen 1 of 2 A0730303 10/21/99 WID No : 99250 9283 853513 001 Name : WILBERT MICHAEL check Digits 1st Line Address: RD 1 BOX 641 2nd Line Address: 00000 City/State/zip : LANDISBURG Date of Birth : 11/18/61 1 Operator Number : 19515533 social security : District Number : 09303 Citation Number : 607357770 Docket Number : TR000406599 Fine 200.00 Amount owed 268.00 section violated: 1543A Susp Auth Code Speed Limit speed Traveled PA 17040 Oper Lic State Sex/Race Violation Date Filing Date Issue Date Defendant Plea Conviction Date Response Date Disposition charge Seq No Transmittal Date TRANSMITTAL TIME Section Descript: DRIV WHILE OPER PRIV SUSP OR REVOKED 15-RETURN 20-NEXT 23-NXT-ONREC Tt? EDWARD PA M 07/25/99 1 07/26/99 1 07/25/99 1 GP 08/19/99 1 0 : GP : 001 : 08/23/99 1 : 071553 C7203800 3DLO3803 Conviction Detail Customer Number : 19515533 Customer Name : WILBERT Comm Vehicle Ind : N HAZMAT Ind : N CDL Holder N vehicle FORD Registration No YR48080 REGISTRATION YEAR 99 Registration State: PA Vehicle Type SW Same as Defendant Y Defendant signed : Y AOPC Send Date 08/23/99 1 Screen 2 of 2 A0730303 10/21/99 MICHAEL EDWARD offense Place : 34 offense Time : 0000 Arrest Agency : PAPSP1000 officer ID : 7789 County : 21 Boro/Twp : 213 Route : HEISERS LN Title : 75 update Indicator: Susp/Rest Ind 15-RETURN 20-NEXT 22-1ST-INREC COMMONWEALTH OF PENNSYLVANIA _ DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dates MARCH 311 1999 MICHAEL EDWARD WILBERT YID • 990539232361616 001 R D 1 BOX 641 PROCESSING DATE 03/24/1999 DRIVER LICENSE a 19515533 LANDISBURG PA 17040 DATE OF BIRTH 11/16/1961 Dear MR. WILBERTs This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section IS33A of the Pennsylvania Vehicle Code. Your driving privilege will be suspended ef- fective 04/21/1999 at 12)01 a.mo for failing to respond to citation number A34538545 issued on 12/26/1998. This cita- tion is a result of your violation of Section 1575 of the Pennsylvania Vehicle Code. This suspension weans that you will not be allowed to drive a motor vehicle on or after 04/21/1999 unless you are noti- fied in writing by PennDOT that your driving privilege is restored. PLEASE READ THIS LETTER IN ITS ENTIRETY. THIS I8 A FINAL ORDER OF 3USPEN8ION. THE ONLY WAY TO AVOID THIS SUSPENBION 28 TO COMPLETELY FOLLOW THE DIRECTIONS BELOW FOR REBPONDINO TO THE CITATION BEFORE THE EFFECTIVE DATE. IF YOU DO NOT FOLLOW THEBE DIRECTIONS, THIS SU8PEN8ION WILL SO INTO EFFECT ON 041il/1999. RESPONDING TD THE CITATION If You respond to the citation NEFOR the suspension date, You will avoid this suspension. In order to respond to this citation, you must follow the steps below) 1. Contact the Courts DISTRICT JUSTICE 1 COURTHOUSE SO. EAST CARLISLE PA 17013 (717) 240-6564 2. Tell the Court, in person or by mail, whether you wish to plead 'guilty' or 'not guilty' to the violation. Please Note) If you pay the fine without signing 'guilty' or 'not guilty,' it is considered an automatic plea of 'guilty.' a. If you plead 'ouilty,' pay all fines and costs. Mail your check or money order to the Court or ap- pear in person and pay by cash, check or money or- der. It is your responsibility to make sure that 4?3 990839232361616 the Court receives your payment BEFORE 04/21/1999. Do not wail or bring your citation payment to Penn0OT. b. If you plead 'not guilty,' pay all fines and costs plus a 05.00 hearing fee. Mail your check or money order to the Court or appear in person and pay by cash, check or money order. It Is Your responsi- bility to make sure that the Court receives your payment BEFOKE 04/21/1999. Do not mail or bring your citation payment to PennOOT. The Court will assign you a hearing date. If you do not appear, you will be charged as guilty. c. Contact the Court if this letter does not list an amount owed for the violation. d. If you have questions about this process or cannot afford to pay all fines and costs, contact the Court for assistance. 3. If your response to the citation is accepted by the Court BEFORE 04/21/1999, you will receive notice from PennDOT regarding restoration of your driving privilege. 4. Please Notes Responding to the citation before the sus- pension date excuses you from this suspension of your driving privilege, not the actual violation. If you plead guilty or are found guilty by the Court, you are still subject to the penalties for that violation under the Pennsylvanis Vehicle Code. COMPLYING WITH THIS SUSPENSION You must return any current Pennsylvania driver's license, learner's permit or temporary driver's license (comora card) In your possession. You will not receive credit toward serving any suspension until we receive your documents. Complete the following steps to acknowledge this suspensions 1. Return your current license, permit or camera card to the address below. If you do not have any of these items, complete and return one of the followings • A DL-16LC Acknowledgment form (available at any driver license center) • A notarized affidavit (letter) stating that you are aware of the suspension of your driving privilege 2. Be sure to sign the form or affidavit. 3. Return all items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 990839232361616 4. If you do not receive a receipt from us within 3 weeks of sailing your documents, call our office Immediately. PAYING THE RESTORATION FEE If you do not respond to the citation lid the suspension date, you will be suspended and must pay a restoration fee to PennDOT to be restored. Complete the following steps: 1. Complete the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first pegs) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this suspension to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, MARCH 31, 1999. After you file the appeal in the County Court# send a time-stamped certified copy of the appeal by certified mall tot 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 respond before 04/21/1999. Sincerely, qjtr? 1, (?; Rebecca L. Bicklay, Director Bureau of Driver Licensing INFORMATION 7100 a.m. to 9100 p.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TOO OUT-OF-STATE 717-391-6191 PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY OCT 21 1999 DRIVER: MICHAEL EDWARD WILBERT DRIVER LICENSE NO : 19515533 R D 1 BOX 641 DATE OF BIRTH : NOV 18 1961 LANDISBURG, PA 17040 SEX : MALE RECORD TYPE s REG LICENSE DRIVER LICENSE (DL) ------------------------------- LICENSE CLASS : C LICENSE ISSUE DATE: JUN 01 1998 LICENSE EXPIRES : NOV 30 2001 MED RESTRICTIONS s LEARNER PERMITS s LICENSE STATUS : NONE SUSPENDED COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSUED CDL LICENSE EXPIRES CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS : CDL LICENSE STATUS : SUSPENDED SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS s PL LICENSE ORIG ISS PL LICENSE ISSUED s PL LICENSE EXPIRES s PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES s OLL LICENSE STATUS s *** CONTINUED *** # tl PAGE 2 CERTIFIED DRIVING HISTORY - OCT 21 1999 - LICENSE NUMBER 19515533 CONTINUED -------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- VIOLATION DATE: DEC 13 1980 VIOLATION: VEHICLE CODE: 3714 DESCRIPTION: RECKLESS DRIVING CONVICTION DATEt JAN 13 1981 ACTION: ASSIGNED POINTS VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VEHICLE CODE: 1572 CANCELLATION OF LICENSE MAY 10 1982 CANCELLATION EFFECTIVE JUN 21 1982 RESTORATION OF OPERATING PRIVILEGES AUG 06 1982 AUG 06 1982 VEHICLE CODE: 33238 STOP SIGN VIOLATION SEP 23 1982 ASSIGNED POINTS VIOLATION DATE: DEC 22 1984 VIOLATION: VEHICLE CODE: 3745 DESCRIPTION: LEAVING SCENE OF ACCIDENT CONVICTION DATE: JAN 22 1985 ACTION: ASSIGNED POINTS *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - OCT 21 1999 - LICENSE NUMBER 19515533 CONTINUED VIOLATION DATE: AUG 12 1986 VIOLATION: VEHICLE CODE: 3743 MAJOR VIOLATION DESCRIPTION: LEAVING SCENE OF ACCIDENT CONVICTION DATE: AUG 27 1986 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE NOV 14 1986 VIOLATION DATE: FEB 14 1987 VIOLATIONt VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: SEP 04 1987 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE NOV 24 1987 ACTION: RESTORATION OF OPERATING PRIVILEGES SEP 07 1989 VIOLATION DATE: DEC 06 1994 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 063 MPH IN A 040 MPH ZONE CONVICTION DATE: DEC 19 1994 ACTION: ASSIGNED POINTS VIOLATION DATE: JUN 23 1995 VIOLATION: VEHICLE CODE: 3362 DESCRIPTIONt EXCEEDING MAXIMUM SPEED 067 MPH IN A 055 MPH ZONE CONVICTION DATE: JUL 03 1995 ACTION: POINT EXAM ACTION: PASSED EXAM AUG 28 1995 *** CONTINUED *** PAGE 4 CERTIFIED DRIVING HISTORY - OCT 21 1999 - LICENSE NUMBER 19515533 CONTINUED VIOLATION DATES JAN 10 1997 VIOLATION: VEHICLE CODES 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 080 MPH IN A 065 MPH ZONE CONVICTION DATES JAN 28 1997 ACTION: ASSIGNED POINTS VIOLATION DATE: NOV 10 1998 VIOLATION: VEHICLE CODE: 33238 DESCRIPTION: STOP SIGN VIOLATION CONVICTION DATES JAN 04 1999 ACTION: ASSIGNED POINTS VIOLATION DATES DEC 26 1998 VIOLATION: VEHICLE CODE: 1533A DESCRIPTIONS FAILURE TO RESPOND ACTION: SUSPENSION EFFECTIVE APR 21 1999 OFFICIAL NOTICE MAILED MAR 31 1999 ACTION: RESTORATION OF OPERATING PRIVILEGES AUG 19 1999 VIOLATION DATEt JUL 25 1999 VIOLATIONs VEHICLE CODE: 1543A DESCRIPTIONS DRIVING WHILE SUSP/REVOKE CONVICTION DATE: AUG 19 1999 ACTIONt SUSPENSION FOR 1 YEAR(S) EFFECTIVE OCT 19 1999 OFFICIAL NOTICE MAILED SEP 14 1999 •*R CONTINUED AAA PAGE 5 CERTIFIED DRIVING HISTORY - OCT 21 1999 - LICENSE NUMBER 19515533 CONTINUED -------------------------------------------------------------------------------- REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD --------------------------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: FEB 14 1987 LOCATION: PERRY COUNTY VEHICLE TYPE: PASSENGER ACCIDENT DATE: DEC 24 1996 LOCATION: PERRY COUNTY VEHICLE TYPE: TRUCK *** END OF RECORD *** PAGE 6 CERTIFIED DRIVING HISTORY - OCT 21 1999 - LICENSE NUMBER 19515533 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, v ` 1?V? DIRECTOR, BUREAU OF DRIVER LICENSING SEAL FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SSt DATE:OCT 21 1999 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, ?z SECRETARY OF TRANSPORTATION SEAL COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, MICHAEL E. WILBERT : NO, 99.6276 CIVIL TERM AND NOW, this 281! day of DECEMBER, 1999, Royce L. Morris, Esquire, having shown adequate cause for failure to appear at the hearing December 22, 1999, the Rule to Show Cause why he should not be held in contempt is DISMISSED. George H. Kabusk, Esquire For the Dept. of Transportation Royce L. Moms, Esquire For the Appellant Ad By the Court Edward E. Guido, J. , rC,o?lt/a1-/1 tdiy, i2-z 4-99 OKs ti w j: LAW OrTIC214 GOLDDLBO, I{ATzxAN & SnIPMAN, P.C. DONALD M. KATZMAN 080 XASIZINT !TXXXT COON T. LCC 44PMAN NTMAW0E16T OOOARN ARTHUR L L 101DWO PAUL J. WONTO P .O. 7071 I06S JOSHUA 0. LOCI NCIL 04111DINWO7 J. JAI COOPER! X==WII00. r73rI ffT&;Y tL Iliad-1000 THOMAS L 10CNNC0 Taurzoms (717) 001•4IOL JOHN A STATLCN TAX, (TIT) 004.6600 HAHIIT P. OOL06010 APRIL L STDANO-PUTA7 11111.16101 OUT M. SDOOPS ETTF*W W W,OzxLAW.C01C JIATLDSON J. SHIPMAN JQDT J. DUSSO MSHCT OITKC, MICNACL J. CIIOCWCI 17171933-4049 THOMAS J. WGCO ARNOLD 6.1400AN 1707114[ : DOTCr L.MODDIS 17171245-0567 I VAN J. PUNS, d JOIN OCLONCNIO VODA OFFICE, STCVr.N L ODUS1 11171443-7918 JOHN D. N"DINT December 23, 1999 Via Fauinsile (240.6462) and U.S. ReBularMail Honorable Edward E. Guido Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Commonwealth v. Michael Edward Wilbert No. 99.6276 Civil Term Dear Judge Guido: I am in receipt of your Order datedDecember 22, 1999 issuing a Rule to Show Cause why the undersigned should not be held in contempt for failure to appear before Your Honor on December 22, 1999. First, I would like to indicate my sincerest apologies for any inconvenience caused to the Court. However, on December 21, 199911 contacted the Chief Counsel's office of the Commonwealth of Pennsylvania's Department of Transportation and notified them that Mr. Wilbert, after having consultedwith me, was agreeing thathis suspension was appropriate and therefore there was no need to appeal from that suspension. I further advised that we were agreeing to have an Order entered dismissing that appeal and therefore therewould be no need to appear for the hearing. That message was directed to George H. Kabusk Esquire attorney for the Commonwealth of Pennsylvania. At the time of the call Mr. Kabusk was not In the office and the message was left with his secretary specifically outlining the fact that there was 2-d SN9 WH9E:TT 66. E2 :33 * GOLDDE•R6, KATZMAN & SH PMAN, P.C. no need for us to continue with the hearing. It was my hope that Mr. Kabusk would appear and make that representation to the Court and that the matter would be resolved by an Order dismissing our appeal. I take full responsibility for my lack of foresight in taking the next step in placing a call to your office indicating the communications that Ihad with the Chief Counsers office. Please accept this letter as a full and complete explanation of my failure to appear on December 223 1999. Thank you for your time and attention. Should you have any further questions, please feel free to contact me. a .Morris / RLM:kjm Enclosure 117111 ce: George H. Kabuek, Esquire E•d SN9 Wb'9E:SS 66, E2 333 Du-11.100E 1141 Frw-OFFICE OF CHIEF COUNCIL 41111011111 T-111 F.011/001 F-114 COMMONWEALTH OF PVMSYLVAMA DEPARTll Mn OF TRANSPORTATION 01711CR OF CEW 000891. VXMCLlt • TRAMC LAW D1V C1X Rr ZMC1NT 01VCa C9NnJL.TR= FLOOR 1101 501= FRONT araaT HARRL92UM , PMN&IeLVAMA 17104-2616 T&LOWN14 mn 7114:16 t+AXx MY) 716-1123 December 23,1999 71 he Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013.3387 RE; Michael Edward Wilbert v. Comntw. of Pa, Dept. of Trans, BureaR of Drlver Lleensin& 996276, License Suspension Appeal. Door Judge Ouldo: A hosring was held on December 22,1999, in the abov&=ccdoaed matter. At the conclusion of the heating, the Court Issued a Rule to Show Cause to Mr. Morris and m quested the Department to submit an catimate of costs. As you recall, the petitioner did not appear for the hearing. I represented to you that I had a talephono conversation with W. Moats, the attomey for the petitioner, on Tuesday morning, December 21,1999, in which we discussed this maw. I told Mr. Morris that I had the flu and would only be in the office a half-dray. He said that he would call me back regarding the ease and that he would leave a voice message. I had no voice message fiom Mr. Morris after I shocked my vcice messages Tuesday everting and Wednesday morning before appearing in court. I can now confirm that Mr. Morris did contact my office and he did in fact leave a menage with sae of our support staffs The support staff did not put him through to my voice mail but rather took a hand written message. The message was than posted is sly office, The handwritten mcesup indicated that "they would not be going to court on December 22, 1999, because after review they feel the conviction should stand." At the time of the heating I did not knew W. Morris called into my office and left a message beaus I did not go into my office on the morning of December 22,1999, but rather went directly to court. Under the circumstances, the Department will not be seeking costs in this matter. If you have any questions, please do not hesitate to contact me. Sincerely, h'd SH9 W ZE:11 66. E2 Al 0oe-11.1"1 IItOT Froo OFFICE OF CHIIF COUNCIL 47111011111 T-111 F1001/001 F-114 e H. Kabusk Anil= Corm el O)Wshk eel Royce 1.. Morris, Esquire, Ooldber& Xat man dt SMPman. 320 Ma ket Stmt, Strawberry Square, P.O. Box 1268, Flsrrilburg, PA 17108.1268 • fa i ?ttµ Fi tJ, r A + fi?iY ^Y.F. S•d SN9 WUZE:TT 66. EZ 330 To: Fax M: From: Subject: FAx TRANSMISSION GOLDHSAG, KATOUN do SEUMAMs P.C. 320 Market Street, P. O. Box 1266 Harrisburg, PA 17108-1206 (717) 234.4161 Fax:(717)234-6806 Honorable Edward E. Guido Date: December 23, 1999 240-6462 Pages: S, including this cover sheet. Royce L. Morris, Esquire Commonwealth v. Michael Wilbert CONSENTS: This transmission Is Intended for the use or be IndMdrol or w* to rMkh a Is bdressad. A may contiIn Inforrtuhon that is om identfd or prlvgeged under taw. If dw radar of We massage is nel On Mended redpkm (or gig ¦mWo?a or sperm resmsible for deliv rind the message to the intended ndpbN), any dlaseminstIon, dsbbutfon of copying Is st"fort en It We trensminlon hn been received In error. pkae ere us hrneftsfy srb few the oro* by United states Poled aeMcs to ft abon?ee1'ennoW address. 1'd SH9 Wb'9E : t T 66. EZ 33a Dec-23-1999 11:04 From-OFFICE OF CHIEF COIRICIL +1177051122 T-321 P.002/003 F-833 .. %4 q, Y 1 C COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CBHEF COUNSEL VEHICLE R TRAFFIC LAW DIVISION RIVERFRONTOFFICE CEMR•THIRDFLOOR ? 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104.2516 TELEPHONE: (717)737.2830 FAXI (717) 705.1122 December 23, 1999 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: Michael Edward Wilbert v. Commw. of Pa., Dept. of Trans., Bureau of Driver Licensing, 99-6276, License Suspension Appeal. Dear Judge Guido: A hearing was held on December 22, 1999, in the above-mentioned matter. At the conclusion of the heating, the Court issued a Rule to Show Cause to Mr. Morris and requested the Department to submit an estimate of costs. As you recall, the petitioner did not appear for the hearing. I represented to you that I had a telephone conversation with Mr. Morris, the attorney for the petitioner, on Tuesday morning, December 21, 1999, in which we discussed this matter. I told Mr. Morris that I had the flu and would only be in the office a half-day. He said that he would call me back regarding the case and that he would leave a voice message. I had no voice message from Mr. Morris after I checked my voice messages Tuesday evening and Wednesday morning before appearing in court. I can now confirm that Mr. Moms did contact my office and he did in fact leave a message with one of our support staff. The support staff did not put him through to my voice mail but rather took a hand written message. The message was then posted in my office. The handwritten message Indicated that "they would not be going to court on December 22, 1999, because after review they feel the conviction should stand." At the time of the hearing I did not know Mr. Morris called Into my office and loft a message because I did not go into my office on the morning of December 22, 1999, but rather went directly to court. Under the circumstances, the Department will not be seeking costs in this matter. If you have any questions, please do not hesitate to contact me. Sincerely, Du-23-1888 11:01 Fra-OFFICE OF CHIEF CODICIL +TITT061122 T-321 P.003/003 F-833 t3eorgo H. Knbusk Assistant Counsel OHK/Shk cc; Royce I. Morris, Esquire, Goldberg, Katzman & Shipman, 320 Market Street, Strawberry Square, P.O. Box 1268, Harrisburg, PA 17108-1268 Doc-23-1109 11104 Ftoe-OFFICE OF CHIEF COUNCIL 1TITTD5112t T-321 P001/001 F-633 Fax TRANSMISSION COMMOMEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Rivertront Woe Center, 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 767.2530 Far. (717) 705.1122 To: Judge Guido Date: December 23, 1999 Fax q: (717) 240-6462 Pages: 3, including this cover sheet. From: George H. Kabusk, Esq. Subject: Wilbert v. DOT, 99.6276 CONFIDENTIAL NOTE The Information and documents accompanying this usnsnfission contain Information from the Office of CWef Counsel that is confidential and privileged. The Information Is intended solely for the use of the individual or entity named on the transmission sheet. If you are not the designated recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action In reliance on the contents of this Information is prohibited. COMMENTS: ,,,. /? , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION J . RIVERFRONT OFFICE CENTER-THIRD FLOOR <! 1101 SOUTH FRONT STREET r„ or HARRISBURG, PENNSYLVANIA 17104.2516 TELEPIIONEt (717) 787-2870 FAXt (717) 703.1123 December 23, 1999 The Honorable Edward Guido Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 RE: Michael Edward Wilbert v. Commw. of Pa., Dept. of Trans., Bureau of Driver Licensing, 99-6276, License Suspension Appeal. Dear Judge Guido: A hearing was held on December 22, 1999, in the above-mentioned matter. At the conclusion of the hearing, the Court issued a Rule to Show Cause to Mr. Morris and requested the Department to submit an estimate of costs. As you recall, the petitioner did not appear for the hearing. I represented to you that I had a telephone conversation with Mr. Morris, the attorney for the petitioner, on Tuesday morning, December 21, 1999, in which we discussed this matter. 1 told Mr. Moms that I had the flu and would only be in the office a half-day. He said that he would call me back regarding the case and that he would leave a voice message. I had no voice message from Mr. Moms after I checked my voice messages Tuesday evening and Wednesday morning before appearing in court. I can now confirm that Mr. Moms did contact my office and he did in fact leave a message with one of our support staff. The support staff did not put him through to my voice mail but rather took a hand written message. The message was then posted in my office. The handwritten message indicated that "they would not be going to court on December 22, 1999, because after review they feel the conviction should stand." At the time of the hearing I did not know Mr. Moms called into my office and left a message because I did not go into my office on the morning of December 22, 1999, but rather went directly to court. Under the circumstances, the Department will not be seeking costs in this matter. If you have any que; tions, please do not hesitate to contact me. Sincerely, I., - 1 1, 11 , j ENOS727A (04106) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Riverfront Office Center Office of Chief Counsel 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2516 i { ' f j. j { ?IP?n fiHIPMcrt'T 1 •? = . r iMORPATION 21.8 __ (C or to a; it ?F AI wG PA ?. - , The Honorable Edward Cuido Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 A! ITO L?dl6..IIL.....il,dl??dL„IL?d,I,Jdid?d?l„II,„I 1. 1