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Home My WebLink About04-5715 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()Lj -S'7/S Ciu~L"-r~ ERIC M. BERKHEIMER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes Eric M. Berkheimer, Petitioner, by and through his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1, Petitioner is an adult individual residing at 4190 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of 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 November 2,2004, Petitioner received an official notice of suspension from the Department of Transportation indicating that his license would be suspended for a period of 6 months due to an alleged conviction of 75 Pa. C. S. A. 93736, reckless driving, (See Exhibit A). 4. Petitioner believes that such suspension outlined in Exhibit A is illegal, improper and unjust for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner has a summary appeal pending before the Court of Common Pleas in York County, WHEREFORE, Petitioner respectfully requests this Honorable Court grant a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA ~ ~ ,Jr.,E(I Attorney ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: November 3, 2004 VERIFICATION I hereby verify that the statements made in this document are true and correct I understand that false statements herein tre made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. \\-~-c~ Date S&~~~ Ja"~ ff\q"k . (~MIs "K ;!"I ~_::) . COMMONWEAL TH OF PENNSYL VANIA i~t';...C()~ DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 02, 2004 ERIC M BERKHEIMER 4190 KITTATINNV DRIVE MECHANICSBURG PA 17050 WID t 043009283311993 001 PROCESSING DATE 10/26/2004 DRIVER LICENSE t 23600052 DATE Of BIRTH 06/06/1975 Dear MR. BERKHEIMER: This is an Official Notice of the suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 10/25/2004 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 10/17/2004: · Your driving privilege is SUSPENDED fo~ a pe~iod of 6 MONTH(S) effective 12/07/2004 at 12:01 a.m. Before PennDOT can restore your driving privilege, yoU must follow the instructions in this letter for COMPLYING WITH . .'TH I S SUSPENS I ON, PA YI NG THE RESTORA TI ON FEE and PROVIDI NG PRQOF OF INSURANCE. You should follow ALL inst~uctions.ve~y ca~efully. Even if you have se~ved all the time on the suspension/~evocationl we cannot ~esto~e you~ d~iving p~iv11ege until all the ~equi~ements a~e satisfied. COMPLVING 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 12/07/2004. You may surrender these items before, 12/07/2004, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may app ly for and obta i n a phot 0 identification card at any Driver License Center for a cost of 10.00. You must present two (2) forms of prope r identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive you~ licensees). Complete the following steps to acknowledge this suspension. ,~ EXHIBIT Cl i -\ ~ ... ~ 043009283311993 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 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send yoU a receipt conf i rmi ng the dat e that cr edi t began. I f you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, YOU will not be given credit toward serving this 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 157lCa) (4) of the PennsYlvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 043009283311993 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send yoU a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if yoU do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 02, 2004, of this letter. If you 'file an appeal in the County Court I the Court will give you a time-stamped certi'fied copy o'f the appeal. I n order for your appeal to be valid, you must 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 12/07/2004. SincerelY, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 A.J(J ~ ~ #t ~ ........ ..() ~ ~ ..c:::- ~ ~ ~ v ~ ~ ~ (~I . \ ~ - .. ' (i (: r--~ (' '~.;") ~~ -- C5 ........,: ~ . I , I .. I 01 o -n ....~ -1' -..., rri p'::: '---1 :~1 \~:) (;\ ...J . \ --'~ (~) 'i'\1~ ' ) >' 1::> ~~.~. l{'.,\_, . ~.", ~~ --;) (-;;) f,) Cf-' \? v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D4 -- S~/S CLU~tT~ ERIC M. BERKHEIMER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER AND NOW, this ~ day of UvveIJ-, 2004, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the!1-- day of C;;;~, 2004, at .-IJ~ ~ ~ 2.-h..L 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. By the Court: /' \~ , , J, Distribution: '\ Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110l _ ~ Pennsylvania Department of Transportation, Office of Chief Counsel, / ~ ( ... '1 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ; 1 ~ A.l, 0'-1 -,--.--1 ,.0 -,:::1- U.... .'f'"'''' J, I.l..:t:' , " , ('\.1 .. e,J ..0 :--.~. 1../_ ..,";1'" U \-:,"::) c~ () ("-I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~--.s'71S Ciu"L'--y~ ERIC M. BERKHEIMER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL. AND NOW, comes Eric M. Berkheimer, Petitioner, by and through his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. Petitioner is an adult individual residing at 4190 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania, 2. Respondent, Commonwealth of 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 November 2,2004, Petitioner received an official notice! of suspension from the Department of Transportation indicating that his license would be suspended for a period of 6 months due to an alleged conviction of 75 Pa. C. S. A. 93736, reckless driving. (See Exhibit A). 4. Petitioner believes that such suspension outlined in Exhibit A is illegal, improper and unjust for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner has a summary appeal pending before the Court of Common Pleas in York County. WHEREFORE, Petitioner respectfully requests this Honorable Court grant a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA ...------" n/d Edward F. Sp ,Jr., Es~ Attorney 10 No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: November 3,2004 VERIFICATION I hereby verify that the statements made in this document are true and correct I understand thattase stalements herein CR made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J\-~-o'-1 Date ~~~~ . Ja~~ ff\Q"k . . (1:>"'..15 - f<' ;&i ...,::) . COMMONWEAL TH OF PENNSVL VANIA i~e..C:()~ DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 02, 2004 ERIC M BERKHEIMER 4190 KITTATINNV DRIVE MECHANICSBURG PA 17050 WID. 043009283311993 001 PROCESSING DATE 10/26/2004 DRIVER LICENSE. 23600052 DATE OF BIRTH 06/06/1975 Dear MR. BERKHEIMER: This is an Official Notice of the suspension of your Driving Privilege as authorized by Section 1532B of the PennsYlvania Vehicle Code. As a result of your 10/25/2004 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 10/17/2004: · Your driving privilege is SUSPENDED fo~ a pe~iod of 6 MONTH(S) effective 12/07/2004 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLVING WITH '.THI S SUSPENS ION, PA VI NG THE RESTORA TI ON FEE and PROV 101 NG P~OF OF INSURANCE. You should follow ALL inst~uctions've~y ca~efu~ly. Even if you have se~ved all the time on the suspension/~evocation, we cannot ~esto~e you~ d~iving p~ivilege until all the ~equi~ements a~e satisfied. 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 12/01/2004. You may surrender these items before, 12/07/2004, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, yoU may apply for and obtain a phot 0 identification card at any Driver License Center for a cost of 10.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive you~ license(s). Completll! the following steps to acknowledge this suspension. !. EXHIBIT ~ ~ -1L- In ..:. ... <( 043009283311993 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 retajln your dri ver' s license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's licenseCs), learner's permitCs), 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 3 weeks, please contact our office. Otherwise, you will not be given credi t toward serving this 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 157lCa) (4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number Clisted on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 043009283311993 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notifY PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 d.ays of the mail date, NOVEMBER 02, 2004, of this letter. I'f you 'file an appeal in the County Court, the Court will give you a time-stamped certi'fied copy o'f the appeal" In order for your appeal to be valid, you must 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 12/07/2004. SincerelY, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.o. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT- OF.. STA TE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ,......, n n c:::t ('"':) -'i1 ( _.~ 0'''\ (:) ~ , , C) f\~l i~ I ....JoiI,..:: :o':'J{;\ 7V 'i ~ --, - (,,1 ;:r'i; e # tI) .. .' ... . , ~-':1 ,)., 1::> ' . (, ) V ,. . r:1 '- 0-() (;'.) ~ ~ ~ ( :, ,'. .~ r....) ~ , en ~ D- V F ~ ~ cg3 ERIC M. BERKHEIMER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5716 Civil Term COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER AND NOW, this 7th day of February, 2005, it is hereby ordered and decreed that the above-captioned License Suspension Appeal is continued until April 4th, 2005 at 2:30 p.m. to allow the Department of Transportation an opportunity to receive the required disposition of the underiying summary appeal from the Court of Common Pleas, York County. This is with the understanding that upon the Department's receipt of the required disposition and amendment of the Appeliant's driving record, counsel for Appellant shall then withdraw the License Suspension Appeal by petition prior to April4lh, ;~005 and provide notice of such withdrawal to all parties. Hon. Edgar B. BaYle~ --..... Distribution: vlctward F. Spreha, Jr., Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Jfflnnsylvania Department of Transportation, Office of Chief Counsel, 1101 S. Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ~ .-. o 1 :~J :.!d L- C; J c.,n ;~_"~ ~I-J')'-' ~L ERIC M. BERKHEIMER Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent :IN THE COURT OF COMMON PL AS :CUMBERLAND COUNTY, PENNS LVANIA :NO: 04-5715 Civil Term :L1CENSE SUSPENSiON APPEAL PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: , Please withdraw the above-captioned License Suspension Appeal which \l{as filed 0 behalf of Petitioner. Date March 30, 2005 Respectfully submitted, MANCKE, WAGNER & SPREH4 By Edward . preh, Jr., E. quire Attorney LD. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner ('-.) (;""') ,,'_~l "'-::> ~:.n -Ii ;....,. "~-"-} C:? C-:' \,"'::_)