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HomeMy WebLinkAbout04-5763JESSE D. KRATZER Pelitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION/REVOCATION APPEAL AND NOW, this 17th day of November, 2004 comes Jesse D. Kratzer, through his atlorneys, Mancke, Wagner & Spreha, who respectfully represenl: 1. Your Petitioner is an adult individual residing at 265 Acorn Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Pelifioner is a licensed motor vehicle operator in the Commonwealth of Pennsylvania. 3. Your Pelilioner received correspondence dated October 20, 2004 which consisted of a restoration requirements letter and on that restoralion requirements letter, Your Pelilioner received nolice that his license was being suspended until November 6, 2017 (a copy of said letter is attached hereto as Exhibit A). 4. The restoralion requirements letter contains apparent suspensions for non-existent charges as the eligibility date on the letter is 2017 but the suspensions and/or revocations indicated add up to 2011. 5. Therefore, the Department of Transportalton apparenlty has suspended/revoked Your Pe~oner for six years for nofl~existent reasons. 6. Your Pe~ioner believes that such aclion of the Deparlment of Transportalion is illegal, unjust and improper for reasons which i~ but are not limited to, the following: (a) the action of the Department of Transportation con~ a viola'don of Federal ~ State Consfltr~onal guarantees of due process (substantive and procedural due process); (b) Your Petitioner has been suspended/revoked until November 6, 2017 without any authority of the Pa. Motor Vehicle Code; (c) Your Petitioner has received a certified copy of his driving history which is in complete cordlict with the restoration requirements letter (a copy of said driving history is attached hereto as Exhibit B); (d) Your PeflJoner was never given any notice of any suspension for the six year period of time reflected in the restorations requirement letter and such action by the Deparlment without nolice and withoutjustiticalJon is a clear violation of the Motor Vehicle Code. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the apparent suspension by the Department of Transportation of the PelJlJoner for six years when no such justification appears in the Pe~oner's driving record. Dated: i Respec~lly~rlted, John B. Ma ~cke, Esq., ID No. 07212 Mancke, Wagner & Spreha 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Pe~oner JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. MANCKE, WAGNER & SPREHA 22:~ NORTH FRONT STREET HARRISBURG, PA 17 ! ! 0 PHONE (717) 234-70~JI FAX (71'7) 234-?0~0 VERIRCATI0N I hereby verify that the statements made in this document are true and correct. I understand that false stalements herein are made subject to the penallies of 18 P~LC.S. Seclion 4904, relaling to unswom falsification to authorities. Dal~ 10/26/'04 10:48 F~ 7176919693 Industrial Controls. Inc ~002/004 COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF TRANSPORTATION BUREAU QF DR~VER L[CENS[NG HARR[SBURG~ PA 17125 10/20/0~ JESSE D KRATZER 2&5 ACORN CT HECHANICSBURG PA 17055 DRIVER"S LICENSE NUHBER: 26~088S5 BIRTH DATE= I 0q/~0/85 ELIGZBIL~TY DATE: 11/06/17 Dear HR, KRATZER : I This is a RESTORATION REQUIREMENTS LETTER. [t 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 dr/ving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible t~ have Your driving privilege restored~ provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the foliowing information carefully and be sure to complete all requirements to have your driving privilege restored, Unless another address is indicated, return any documents and/or fees to the MAZL[NG ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a ~25.D0 restoration fee to PENNDOT. Write Your driver's license number (listed above) on the cheek or money order to ensure Proper credit. Your check or money order should be made payable to PENNDOT. PROOF OF INSURANCE -W/thin ~0 days of your ELIG[BILITY DATE, provide a copy of one of the fo/lowing to PENNDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: ~[nsurance [D card *Declaration page of your insurance policy ~Insurance Binder ~An a~plicat~on of insurance to the PA Auto Insurance Plan ~f ~ou do not eon a motor vehicle currently reg5stered ~n Pennsylvania send a signed statement of this fact to PENNDOT ~hich reeds "~ do not o~n any motor vehicles currently registered in:Pennsylvania". Please include your name, address~ driver"s license number and date of birth on the statement. ~ LEARNER'S PERMIT 10/26/04 10:49 FAX 7176919693 Industrial Controls, Inc ~003/004 LZCENSE NO, : 26~088)5 -You must apply for a learner's permit. You may make application SD day~ BEFORE your eligibility date. ~[f an eligibility data DOES appear at the end of this letter and you are WITHIN $0 days of that date, vzsit a PENNDGT Drive~ License Center to obtain a Pennsylvania Dr~ver"s Hanual. The manual ~rovtdes the instructions and the Ned/ca/ Qualification: Certificate (DL-[BOA) which is required to be completed prior to applying for a learner's =ermit. Once you have studied the manual and had a physical, please return to a Driven License Center with this letter, your completed Hedical Qualifications Certificate (DL-180A) and a check or money order for all nec- essary fees:* You 'will'~e given a ~isiO~ test and a traffic signs and knowledge test at that time. ~If an eligibilit~ date DOES NOT appear at the end of this letter, you must resolve any issues listed in this letter as DRIVER'S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL to determine ~our eligibility date. TERH SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or ~ill begin) on 11/06/05. Credit for serving this suspension/revoca- tion began (or uill begin) on 11/06/05 and uill end on 11/06/0~. The suspension/revocation resulted from a violation Dn 0~/06/02 Of section $?$1, DRIVING UNDER INFLUENCE TERH SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (ar will begin) un 11/06/1~. Credit for serving this tion began (or will begin) on 11/06/10 and will end on 11/06/11. The suspension/revocation resulted from a violation on 09/D6/05 of Section 6S§8, UNDERAGE ALCOHOL OFFENSE TERH SUSPENSION/REVOCATION -You have a 1 YEAR(S) susoension/revocation that began will begin) on [1/06/0~. Credit for serving ~his suspension/revoca- tion began (or will begin) on 11/0~/11 and ~ill end on 11/06/12. The suspension/revocation resulted from a violation on 05/~9/02 of Section $7S1, D~IVING UNDER INFLUENCE TERM SUSPENSION/REVOCATION -You have a 5 YEAR(S) suspension/revocation that began (or will begin) on 11/06/05, Credit for serving this suspension/revoca- tion began (or will begin) on 11/~6/12 and will end on 11/06/17. The susnension/revacation resulted from a violation on 10/2A/02 of Section 5751, DRIVING UNDER ~NFLUENCE ' 10/26/04 10:49 FAX 7176919693 Indus~Flal ConTrols, Inc ~ 004/004 LICENSE NO. : 26Q08855 This letter identified the requirements necessary tel restore your driving privilege and we are looking forward to working with you to da this. Unless another address was indicated, return any documents and/or fees to theeHAILING ADDRESS listed below. Phone numbers_ are vrovided for your us . 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 PENNDOT. Thank you. P.S. RENEHBER, your ELIGIBILITY DATE is 11/06/17. HAILING ADDRESS= PENNDOT Bureau of Driver Licensing P.D, Box &8695 Harrisburg. PA 171D&-S&95 INFORHATIDN (7=00 AH to 9=00 IN STATE OUT-OF-STATE 717-$91-6190 TDD IN STATE 1-800-228-0~76 TDD OUT-OF-STA~E 717-$91-6191 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY NOV 10 2004 PAGE I DRIVER: JESSE D KRATZER 265 ACORN CT MECHANICSBURG, PA 17055 DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: JUL 28 1999 LICENSE EXPIRES ORIG ISSUE DATE MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS APR 30 2003 JUL 28 1999 NONE SUSPENDED REVOKED EXPIRED DRIVER LICENSE NO : 26408835 DATE OF BIRTH : APR 30 1983 SEX : MALE RECORD TYPE : REG LIC/ID 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 REVOKED SB ENDORSEMENT : PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS : OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** EXHIBIT CERTIFIED DRIVING HISTORY NOV 10 2004 PAGE 2 LICENSE NUMBER 26408835 CONTINUED REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: NOV 02 1999 VIOLATION: VEHICLE CODE: 3361 DESCRIPTION: TOO FAST FOR CONDITIONS CONVICTION DATE: NOV 15 1999 ACTION: ASSIGNED POINTS VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: AUG 09 2O00 CRIMES CODE: A6308 UNDERAGE ALCOHOL OFFENSE SUSPENSION FOR 90 DAY(S) EFFECTIVE DEC 28 2000 OFFICIAL NOTICE MAILED NOV 27 2000 ACTION: RESTORATION OF OPERATING PRIVILEGES MAR 28 2001 VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: OCT 24 2002 VEHICLE CODE: 1547 CHEMICAL TEST REFUSAL SUSPENSION FOR 1 YEAR(S) EFFECTIVE NOV 06 2002 OFFICIAL NOTICE MAILED NOV 21 2002 VIOLATION DATE: APR 06 2002 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: NOV 06 2002 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE NOV 06 2003 OFFICIAL NOTICE MAILED NOV 29 2002 *** CONTINUED *** CERTIFIED DRIVING HISTORY NOV 10 2004 PAGE 3 LICENSE NUMBER 26408835 CONTINUED VIOLATION DATE: MAY 19 2002 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: APR 29 2003 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE NOV 06 2004 OFFICIAL NOTICE MAILED NOV 04 2003 VIOLATION DATE: OCT 24 2002 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: APR 29 2003 ACTION: HABITUAL OFFENDER REVO FOR 5 YEAR(S) EFFECTIVE NOV 06 2005 OFFICIAL NOTICE MAILED NOV 04 2003 VIOLATION DATE: SEP 06 2003 VIOLATION: CRIMES CODE: 6308 DESCRIPTION: UNDERAGE ALCOHOL OFFENSE CONVICTION DATE: OCT 07 2003 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE NOV 06 2010 OFFICIAL NOTICE MAILED OCT 22 2003 LICENSE RECEIVED NOV 06 2002 REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD *** CONTINUED *** CERTIFIED DRIVING HISTORY PAGE 4 NOV 10 2004 - LICENSE NUMBER 26408835 CONTINUED 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: LOCATION: VEHICLE TYPE: NOV 02 1999 CUMBERLAND CTY PASSENGER *** END OF RECORD *** CERTIFIED DRIVING HISTORY PAGE 5 NOV 10 2004 - LICENSE NUMBER 26408835 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. SEAL SINCERELY, DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:NOV 10 2004 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, SECRETARY OF TRANSPORTATION SEAL JESSE D. KRATZER Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : IN THE COURT OF COMMON PLEAS : CUMBERU\ND COUNTY, PENNSYLVANIA : NO. 04-5763 PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned license suspension appeal. Dated: January 13, 2005 Re John . Mancke, Esq., ID No. 07212 Manc ,Wagner & Spreha 2233 Front Street Harrisburg, PA 17110 717-23 7051, Attorney for Petitioner C) r-o., ,= '-.::~-) C~, C) '::j"l ::;j :~'il c. c.) ;",) r.,,) .,L:.;'"