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Home My WebLink About09-3841STEVEN K. KNAUB, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9- 3 9'J 1 (26 C. , c . AND NOW, comes Steven K. Knaub, hereinafter Petitioner, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. Petitioner is an adult individual residing at 507 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about May 22, 2009, Petitioner received an official notice of disqualification indicating that his commercial driving privilege was being disqualified for a period of 1 year as a result of a conviction of 75 Pa.C.S.A. §3745, accidents involving damage to unattended property. (See Exhibit A) 4. Petitioner believes such disqualification is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner has filed a timely summary appeal for the underlying conviction in the Court of Common Pleas of Dauphin County. WHEREFORE, Petitioner requests this Court grant a hearing to determine the propriety of the disqualification outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN -EdwarV. S ,*ha, Jr., Esq. Atto y ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 /vI Dated: b- 3'V I V IFI0ATi4N 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 unswom falsification to authorities. S -'U -0 9 ?--- Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 22, 2009 STEVEN K KNAUB WID # 091359283498608 001 507 CASCADE RD PROCESSING DATE 05/15/2009 DRIVER LICENSE * 15120176 MECHANICSBURG PA 17055 DATE OF BIRTH 02/15/1953 Dear Motorist: This is an Official Notice of Disqualification of your commercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of your pre-adjudication, conviction, administrative adjudication, or refusal in Pennsylvania. Your driving record reflects one of the above adjudications on 05/14/2009 of 3745, of the Pennsylvania Statutes, LEAVING SCENE OF ACCIDENT on 05/04/2009. Your commercial driving privilege is disqualified for a period of 1 YEAR(S) effective 06/26/2009 at 12:01 A.M. 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 privilege. 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 Vehicle Code. Although the law mandates that your driving privilege is under disqualification 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 ACKNOWLEDGEMENT, 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. EKhik I f A 091359283498608 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if you elect to obtain this noncommercial Class C or M license, you are still prohibited from operating a commercial motor vehicle. If you do so, you are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (MAY 22, 2009) of this notice. You must still send in your license before the effective date of disqualification unless you appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, 9?k?- Z g e") Janet L. Dolan, Director Bureau of Driver Licensing 9 1 . 6 091359283498608 SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 FILED--Ot!'?,;E OF THE PPOTHCl,,,l,)TApy 2009 JUN 10 PH 1: 0 9 cc.Frvs _ ?;??? * rM. $o Po AT" W 5?i b3 or*- 2,21, 510 STEVEN K. KNAUB, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D4. 3M CA?vJ APPLICATION FOR SUPERSEDEAS AND NOW, comes Steven K. Knaub, hereinafter Petitioner, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: Petitioner is an adult individual residing at 507 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On or about May 22, 2009, Petitioner received an official notice of disqualification indicating that his commercial driving privilege was being disqualified for a period of 1 year as a result of a conviction of 75 Pa.C.S.A. §3745, accidents involving damage to unattended property. (See Exhibit A) 3. Petitioner has filed a timely license disqualification appeal. 4. Pursuant to 75 Pa.C.S.A. §1550(b), the filing of such an appeal does not act as a supersedeas unless ordered by the Court upon motion ex parte. 5. Petitioner believes he will be successful on appeal due to the fact that he is not guilty of the underlying offense that led to his disqualification as the damage that was allegedly done to the wire attached to the telephone pole had occurred prior to the Petitioner driving over the downed wire. 6. Unless this Court grants the Petition, the Petitioner will suffer irreparable injury while waiting for the Court of Common Pleas to rule on his license disqualification appeal since his privilege to operate a commercial motor vehicle would be disqualified and the loss of this privilege would cause him substantial and irreparable harm due to the fact that the Petitioner requires his commercial driving privileges to drive for his employment. 7. The Commonwealth of Pennsylvania, Department of Transportation, will not be harmed by the granting of a supersedeas as it may reinstate his disqualification if the Petitioner is unsuccessful on appeal. WHEREFORE, Petitioner prays this Honorable Court to allow his license disqualification appeal to supersede the official notice of disqualification letter dated May 22, 2009 which called for the disqualification of the Petitioner's privilege to drive a commercial motor vehicle effective June 26, 2009. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edda'-rd F. if Jr., Esq. Attomey ID o. 661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: 0-g- oq 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 unswom falsification to authorities. 3 -.?G Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 22, 2009 STEVEN K KNAUB WID # 091359283498608 001 507 CASCADE RD PROCESSING DATE 05/15/2009 DRIVER LICENSE # 15120176 MECHANICSBURG PA 17055 DATE OF BIRTH 02/15/1953 Dear Motorist: This is an Official Notice of Disqualification of your commercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of your pre-adjudication, conviction, administrative adjudication, or refusal in Pennsylvania. Your driving record reflects one of the above adjudications on 05/14/2009 of 3745, of the Pennsylvania Statutes, LEAVING SCENE OF ACCIDENT on 05/04/2009. Your commercial driving privilege is disqualified for a period of 1 YEAR(S) effective 06/26/2009 at 12:01 A.M. 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 pr_ivilege.- 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 Vehicle Code. Although the law mandates that your driving privilege is under disqualification 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 ACKNOWLEDGEMENT, 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. 091359283498608 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if you elect to obtain this noncommercial Class C or M license, you are still prohibited from operating a commercial motor vehicle. If you do so, you are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (MAY 22, 2009) of this notice. You must still send in your license before the effective date of disqualification unless you appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing 091359283498608 SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TOD IN STATE TOO OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 FILED-O' 'ICE OF THE PRO"f C"dCl'ARY 2009 JUN 10 Pik 1: 10 CU?1 4 ;; - UNTY JUN 1 2 2009k STEVEN K. KNAUB, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OR - 3841 ORDER AND NOW, this day of , 2009, upon consideration of the within Petition, it is hereby ordered and decreed that Petitioner's license disqualification appeal shall act as a supersedeas of the Department of Transportation's disqualification letter dated May 22, 2009 which disqualified Petitioner's privilege to operate a commercial motor vehicle, during the pendency of the Petitioner's license disqualification appeal. THE COURT: Judge r., OF, TH" 2 0 0 9 JU 4' 15 pt I: I i '1r 1 ma P11 e .s-; ajc- . JUN 12 2009 g STEVEN K. KNAUB, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq - 3841 0,-, v, l 1ir' ORDER AND NOW this 1" day of 20 upon consideration of the within Petition , , it is hereby ordered and decreed that a hearing be held on the ay day of , 2009 , at 30 o'clock in Courtroom , Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. J. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 COP L ?ES f a t LL 1?/r s?o9 `-rte OF THE P 2009 JUN 15 PM 1: 10