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Home My WebLink About99-07627Q mss. 0 1 ? Q V 3 7 K t LAW OFFICES MANCKE, WAGNER, HERSHEY a- TULLY JOHN S. MANCKE 2233 NORTH FRONT STREET P. RICHARDWAGNER HARRISBURG. PA 17,10 DAVID E. HERSHEY WILLIAM T. TDLLY March 14, 2000 The Honorable George Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 AREA CODE 717 234.7051 V Re: Jed Kurtz v. Ccmmonweaithof-PennsyPvania, Dep rta meritof Transportation, Bureau of Driver Licensing / pocket # 99-7C,p7 Civil Term Deer Judge Hoffer: (/ Please be advised that my attempts to reopen the undedyi; g conviction nurlc pro talc have been unsuccessful. i herefore, a hearing relative to the above-captioned matter is now moot. Kindly cancel the hearing which is Currently scheduled for March 20, 2000 at 10:30 a.m. I will notify counsel for the Department of Transportation of this disposition and' we will be filing a Praecipe to Withdraw the license suspension appeal filed at the above docket. If you have any questions or comments, please feel free to contact n.1e. Thank you for your consideration. DEH: tlk cc: George Kabusk, Esquire Jed Kurtz Sincerely avid E. Hershey J ^' ? % w M r; N j . ra C)2 J.? ` rC r. C?i 4 ,ct . 1 ( C ! r, Z C e ?1 r, q C7 \I. .. - ?' F r ' „ 1` •.1 j Y ? .Y> 1 y Leon JED KURTZ V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q?77L-27 LcviC LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this o? 7 day ofLi?CJrr/e, 999 upon Petition of Jed Kurtz, a hearing is set on the License Suspension Appeal for the t) day of 1, A-, 1-99J at v' 3 U o'clock 21.m. in Courtroom Number , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BY THE COURT: /a a?-99 RICS r ; l `"' ?:;Y JED KURTZ V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- ?4Z7Cliu?l 72z? LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Jed Kurtz, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: Petitioner, Jed Kurtz, is a Pennsylvania licensed driver with a residence address of 609-A Geneva Drive, Apartment 32, Mechanicsburg, Cumberland County, Pennsylvania 17013. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension by way of letter dated November 22, 1999 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on July 27, 2000, at 12:01 a.m. for a period of six (6) months for a violation of Section 3736 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. Petitioner is pursuing a petition to reopen summary conviction nunc pro tunc in Cumberland County on the underlying conviction which is the basis for the Department of Transportation's action. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of November 22, 1999 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Date: I Z-z BY David E. Hershe Esq ire I. D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET AREA CODE 717 JOHN B. MANCKE HARRISBURG. PA 11110 234.7051 P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 PB.Ci.S. §4904 relating to unswom falsification to authorities. Date: I 'I- 21 0( l X COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 22, 1999 JED 0 KURTZ 993199283849225 001 113 MARION TERRACE 11/15/1999 23632925 EPHRATA PA 17522 01/02/1975 Dear Motorist: As a result of your conviction on 10/07/1999 of violat- ing Section 3736 of the Vehicle Code, RECKLESS DRIVING on 09/25/1999, your driving privilege is being SUSPENDED for a Period of 6 MONTH(S) as mandated by Section 1532B 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'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. 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 07/27/2000, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). 993199283849225 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, NOVEMBER 22, 1999. If you file an ap- peal in the County Court, the Court will give you a time- stamped certified copy of the appeal. Send this time-stamped certified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-39.1-6190 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 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 22nd day of December, 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 17104-2516 lh-LaApi Tammy L. Kelly U MANCKE WAGNER HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 r O? F ubg CS, i r n; W j.' i= - j LL . 3 W W [ g r =, w Q W A { JED KURTZ V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7627 CIVIL TERM LICENSE SUSPENSION APPEAL PRAECIPE Please withdraw the license suspension appeal filed in the above-captioned matter and mark the case closed. Respectfully submitted, MANCKE WAG HERSHEY & TULLY D Zlert ey, Esquire ID# 43092 2233 North Front Street Harrisburg, PA 17110 Dated: 03/14/00 717/234-7051 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 le day of March, 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 By t?? , ?h ke Enid Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY