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HomeMy WebLinkAbout04-1090KENNETH E. KRAMER Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL AND NOW, this 3~ day of February, 2004, comas Petitioner Kenneth E. Kramer, through his attorneys, Mancke, Wagner & Spreha, who respectfully represent: 1. Your Petitioner is an adult individual residing at 1211 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Petitioner received a notice of license suspension for 15 days, a copy of which is attached hereto and made a part hereof as Exhibit A. 3. Your Petitioner believes that said suspension is unjust, improper and illegal for reasons which include, but are not limited to, the following: (a) said suspension is not authorized by §1544 {see Liero v. Penn Dot, #1385 C.D. 2003, Pa. Cmwlth., March 9, 2004); (b) Your Petitioner has been assessed a 15-day suspension effective February 27, 2005 when in fact Your Petitioner has a restoration of his operating pdvilegas effective February 11, 2004 which makes the 15- day suspension improper (a copy of said restoration is attached hereto and made a part hereof as Exhibit B); and (c) Your Pettoner had no current suspension as of February 24, 2004 or at the time of the alleged underlying violation. VERIFICATION I hereby verify ~at the staten~nts made in this document are tree and correct. I understand that false statements herein are made subject to the penaifJes of 18 Pa.C.S. Section 4904, relating to unswom falsificaUon to authorities. Date Kenneth E. Kramer COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 24, Z00q KENNETH EUGENE KRAMER 1211 GROSS DR MECHANICSBURG PA 17055 WID ~ 040486111438380 001 PROCESSING DATE 02/17/2004 DRIVER LICENSE ~ 18187773 DATE OF BIRTH 07/12/1958 Dear MR. KRAMER: This is an Official Notice of the suspension of your Driving Privilege as authorized by Section 15q4 of the Pennsylvania Vehicle Code. As a result of your 02/02/200q conviction of violating Section $714 of the Vehicle Code, CARELESS DRIVING, on 02/02/200q: Your driving privilege is SUSPENDED fop e peptod of 15 DAY(S) effective 02/27/2005 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. Therefore, PennDOT is assigning this additional 15 DAY(S) suspension to your current suspension. This suspension is in addition to any other suspensions already on your record. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 02/27/200A. You may surrendeF these items before, 02/27/2004, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER"S LICENSE 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 identification Ce.g., birth passport, marriage certificate, your photo identification caro. two (2) forms of certificate, valid etc.) in order to ~ EXHIBIT proper U.S. obtain You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 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 notarized 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 68695 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within $ weeks, please contact our office. Otherwise, you will not be given credit toward serving ~his suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, 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, FEBRUARY 24, 2804, of this letter. Zf you fiZe an aPpeaZ in the County Court, the Court wlZ1 glve you a time-stamped certified copy of the appeal. In order for your appeal to Oe valid, you must send this time-stamped certified cody 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 by 02/27/20~4. 040486111438580 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 IN STATE 1-800-932-4600 TDD IN STATE OUT=OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-~91-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 FEBRUARY 27, 2~04 KENNETH EUGENE KRAMER 1211 GROSS DR MECHANICSBURG PA I?OSS WID t 040517330630399 001 PROCESSING DATE 02720/2004 DRIVER LICENSE t 18187773 DATE OF BIRTH 07/12/1958 Dear Motorist: Please be advised that your driving mrivilege restored effective 02/11/200fl, mending the outcome a~oeal. is being of your Please OO NOT return your driver's license until such time as you receive official notice from the Department of Transportation. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (T=O0 AM to 9:00 PM) IN STATE i-BOO-g~2-q600 OUT-OF-STATE 717-~gi-619O TDD IN STATE 1-BOO-228-O&7~ TDD OUT-OF-STATE 717-$91-&19l EXHIBIT MA Z 5 2O04 KENNETH E. KRAMER Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~ t~o C'~v"'/ AND NOW, this ,~_~ day of it is hereby ordered and decreed that a headng be held on the ,~3~day of ~ at /,~.~Oo,clock in Courtroom .~ ,CumbedandCountyCourthouse, Caflisle, Pennsylvania. Notice of said headng shall be sent by certified mail to the Department of Transportation by Petitioner's ,2004, upon consideration of the within Petition, ,2OO'Y', attomey at least sixty days prior to the date of the headng. By the Court, Distribution: Pmthonotary's Office John B. Mancke Esq., 2233 N. Front Street, Harrisburg, PA 17110 ~ PA Dept. of Transportation, Office of Chief Counsel, 1101 S. Front Street, Harrisburg, PA 17104 ATYZONOHLOk~d ~HI 331J~1~ KENNETH E. KRAMER, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-10'90 CIVIL LICENSE SUSPENSION APPEAL day of ~ AND NOW, this ,2004, upon motion by the Depmtment and with no objection from the petitioner, the matter is CONTINUED and RESCHEDULED for the 2"__~a day of August, 2004, at 10:30 a._m_., in Courtroom Number 3_, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THECOURT ~GeSTRIBUTION: orge H. Kabusk, Esquire, PennDOT, Riverfront Office Center-3~d Floor, 1101 South Front Street, Harrisburg, Pennsylvania, 17104-2516 ~John B. Mancke, Esquire, Mancke, Wagner, & Tully, 2233 North Front Street, Harrisburg, Pennsylvania, 17110 © KENNETH E. KRAMER : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V= : NO. 04-1090 CIVIL TERM COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, July 12, 2004, the hearing scheduled in the above matter for August 2, 2004, is continued to Wednesday, September 29, 2004, at 10:30 a.m. George Kabusk, Esquire Pa. Dept. of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 John B. Mancke, Esquire Mancke, Wagner & Tully 2233 North Front Street Harrisburg, PA 17110 By the Court, KENNETH E. KRAMER Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' NO. 04-1090 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent ~RAECIPE TO WITHORAW To the Prothonotary: P~ease withdraw the above-captioned license suspension appeal. Res~ect[ully submitt~..~.~.~. ~ohn ~ Mancke, ;Esq., ID No. 07212 Manck~Wagner & Spreha 2233 N. Front Street, Ha~isburg, PA 17110 717-234-7051, Al~omey for Petitioner Dated: September20, 2004