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Home My WebLink About04-6360 01 -k,]/d) Cl-l)~l ~~ Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 County of Dauphin Curtis R Long, Prothonotary Cumberland County Court House Hanover & High Streets Carlisle, Pa 17013 December 14, 2004 IN RE: Commonwealth ofPa Vs. Lloyd A Peffer Dauphin County Dkt No 2004 CV 674 Cumberland County Dkt No. Dear Sir! Madam: By Order of December 7, 2004 by Hon Todd A Hoover, Judge The above matter has been transferred to the Court of Common Please of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I Will appreciate the return of the attached receipt address to the Attention: of Ms. Lisandra Garcia. Very truly yours, (lJ~ Y5PT~ Stephen E. Farina Prothonotary Date: 12/14/2004 Time: 09:15 AM Page 1 of 1 Dauphin County ROA Report Case: 2004-CV-5147-LS Current Judge: No Judge User: LGARCIA DY -(,,3f.,() CU\t~~ Commonwealth of PA DOT vs. Lloyd A Peffer Date 11/23/2004 11/24/2004 12/7/2004 12/9/2004 12/14/2004 License Suspension Appeal Judge No Judge No Judge No Judge New Civil Case Filed This Date. Defendant: Peffer, Lloyd A Attorney of Record: Jerry Russo Filing: Appeal - License Suspension Paid by: Russo, Jerry (attorney for Peffer, Lloyd A) Receipt number: 0069627 Dated: 11/23/2004 Amount: $104.50 (Check) Appeal of Commercial Motor Vehicle Disqualifications, filed No Judge Upon review of the Appeal of Commercial Motor Disqualification filed by the Lawrence F. Clark Jr. Appellant, Lloyd A. Peffer, the Court makes the following findings' See Complete Order filed copies dist 12/7/04 Petitioner's Request for Order Permitting Continued Commercial Driving Privileges, filed Upon consideration of Petitioner's Request for Order Permitting Continued Jeannine Turgeon Commercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hearing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. See ORDER filed. Copies to Atty, 12-7-04. The order dated December 7, 2004 issued by The Honorable Jeannine Turgeon which grants permission to Petitioner to maintain his commercial driving privileges is hereby vacated. Petitioner is directed to the order issued on December 7,2004 by the Honorable Lawrence F. Clark, Jr. which transfers this action to Cumberland County. Judge Clark's order states that only Cumbeland County may entertain an application for a supercedeas in such a matter. See Order filed copies dist 12/10/04 The above action transferred to the Court of Common Pleas of Cumberland No Judge County. ****NO MORE ENTRIES CASE TRANSFERRED**** TOTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNT No Judge Jeannine Turgeon No Judge DEe 14 200\ I h€.1Tl;j c2rl.:t' t:'c;:': tnefwigoirtg is a tru'" ....'."1.. C".., ..~-i "0')" cd: 1+ I'l ""1oin'" filed. (iI'l " UH,."..... t')I' , "N v'"J' ~.. ..jil.._/) i ,\ . 0 .~,." ~ r J' r:' , .. :"....;1, '>'! .....__.... . ~':,~~'"':::~_ _\ I . /"1 i (,',~t/~.-t Prothui'u; ::11'.v ~ [ , GOLDBERG KATZMAN. P.C. ,Jerry J. Russo - #55717 Attorneys for Defendant "., 1 ' fj' ! l 1\.< ~~ 1'011 ':>':/ 01'....2.' '~1::2 I,Ul~ ~.v Iii "v :-X \..Jc\. \1"),,-* LJJ I j' j I 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-12G8 (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA vs. : IN THE COUHT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ~ NO. ::)r~)(^"") "--\ c ~! ~-j \ '---\ -~ L (~_ .-...) LLOYD A. PEFFER, Appellant APPEAL OF COMMERCIAL MOTOR VEHICLE DISQUALIFICATION AND NOW, this 2;~rd day of November, 2004, comes 1.h8 Appellant, Lloyd A. Peffer, by and through his attorney ,Jerry ,J, Russo and Coldberg Katzman, P.C. and files an appeal to the Commonwealth's Notice of Commercial Motor Vehicle Disqualification and avers as follows: 1. The above-captioned Appellant currently holds a valid Pennsylvania driver's license, The license llumberof' lfi48170G, 2. On or about. Novemhpr H, 2004, thp ahove-captionpd Appellant received Notice of a Commercial Motor V(~hiel(> Disqualification to begin and be (>{'l(\ctive December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "A". 3. Appellant was notified that the suspension resul1.(~d rrom a conviction which occurred on October 2G, 2004, for a violation of Section 8308 or t]w Motor Vehicle Code. 4. It is belifwed and thereforp, averred that tlw suspension is not proper and that the Appellant should rnaintain his privileges 1.0 drive a commercial motor vehicle, 5. Furt.lwr, App(~]]ant has riled an apl)(\a) from t1w underlying conviction. WHEREFORE, Appellant respectfully reqlH:~sts this Honorable Court order the Commonwealth of Pennsylvania Depart.ment of Transport.at.ion t.o restore the Appellant's commercial driving privileges and f(~scind their Notice of Disqualil'i(:at.ion elated November 3, 2004 or, in the alternative, ord(->,r a hearing in t.he above-capt.ioned matter. ReSI)ectfnlly submitted, ~~OLDBI7A'c~ y--------~-------------- ,Jerry ,J. Russo, Esquire AttornEY LD. #0;)717 Date: 1\1'1/v\- g20 Market Street. P.O. Box 12GS Harri8burg, PA 17]08-1268 (717) 2:H-41Gl At.t.onwy for Appellant 11/18/2004 15:12 FAX 7174329637 14103 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 03, 2004 LLOVD A PEfFER 40 LONG LANE ROAD NEWYILLE PA 172~1 WI>>' D~3Dl'2~331b340 001 PROCESSING DATE 10/27/2004 DRIVER LICENSE. 154~170~ DATE OF BIRTH Q2/21/1950 . ! Dear Motorist: As a result of your conviction on 10/2&/2004 of violat- ing Section 3309 of the Vehicle Code, QRIV ON ROAD ~ANE FO~ TRF on 08/17/2004 , your privilege to drive a cOllllercial motor vehicle is being disqualified for a perioel of 60 DAyeS) as mandated by Section 1611G of the Vehicle Code. The effective date o~ d~squalification is l2/08/200ci, 12:01 a.m. In order to co~ply 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 po~session no later than the effective date listed. If YOU cannot co_ply with the requirements stated above, yoU are r"equired to submit a DL1&LC Form or a sworn affidavit statinQ 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) af the Ve- hicle Code. AlthoUQh the law mandates that your driving privilege is unde~ suspension even if YOU do not surrender your license, Credit will not begin until all current dr1ver's license product(s), the DL16LC Form, or a lette~ aCknowledging your sanction is ~eceived in this Bureau. Wf4EN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Please see the enclosed application for restoration fee in- formation. 11/18/2004 15:12 FAX 7174329637 l4I04 043019283316340 While ~our commercial driving privilege is disqualified, the Ve h i c Ie Code p ermi t sad I'" i ve r to obta i n a nOnCCIRlller c ial Class C 01'" M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If YOU wish to obtain this license, please cOIIPlete the enclosed application as instructed and return it to the Depart~ent. Please be aware that if you elect to obtain this noncommer- cial Class C or M license, you are still Prohibited from operating a commercial motor vehicle. If ~ou do sa, you are I sUbiect to additional oenalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to aPPeal the Department's action to the Court of Comllan Pleas (Civil Division) within 3D days of the mail date (NOVEMBER 03, 2004) of this notice. Vou 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 driye. PLEASE NOTE that this Civil ApPeal is in addition to an~ appeal yOU have to file froll the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY C:OURT I A TIME-STAMPED CERTIFIED COpy OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR1 RIVERFRONT OFFICE CENTER HARRISBURG1 PA. 17104 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 TDD OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391~6191 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Penn~ylvania DO-part.ment. of TranSjlort.ation Oilice of Chief Counsel Third Floor, Riverfront OffiCt~ Cfmter Harrisburg, PA 17104-25Hi COLDBERG KATZMAN, P.C. /!/{ By{C p~ ,I erry ,], Hx sso,~squ i r(~ H20 Market'Strppt P.O. Box 12G8 Harrisburg, PA 17108-1268 (717) 2H4-41 6 1 Attorneys for App811ant Date: "I ) 116131.1 '2.~ 04 \) IMA,GED \ : ) _.~J GOLDBERG KATZMAN, P.C. Jerry J. Russo - #55717 Attorneys for Defendant --' 1 r:- .' 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 - c.J\ COMM:ONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004 CV 5147 LS LLOYD A. PEFFER, Petitioner PETITIONER'S REQUEST FOR ORDER PERMITTING CONTINUED COMMERCIAL DRIVING PRIVILEGES AND NOW, this 7th day of December, 2004, comes the Petitioner, Lloyd A. Peffer, by and through his attorney Jerry J. Russo and Goldberg Katzman, P.C. and files a Request for Order Permitting Continued Commercial Driving Privileges and avers as follows: 1. The above-captioned Petitioner currently holds a valid Pennsylvania driver's license. The license number of 15491706. 2. On or about November 3, 2004, the above-captioned Petitioner received Notice of a Commercial Motor Vehicle Disqualification to begin and be effective December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "~'. 3. Petitioner filed an Appeal from Commercial Motor Vehicle Disqualification on November 23, 2004, attached hereto, made a part hereof and marked as Exhibit "B". 4. Undersigned counsel was advised that a hearing on that appeal has not been scheduled. 5. The Notice of Disqualification advises the operator that he must surrender his license pursuant to the disqualification unless an Order is received by a judge permitting continued operation of a motor vehicle. WHEREFORE, Petitioner respectfully requests this Honorable Court grant an Order permitting Petitioner to continue to drive commercially pending a resolution of the heretofore herein filed Appeal of Commercial Motor Vehicle Disqualification. Respectfully submitted, GTvoCo BY___~ ............ Je'y J. fvusso, Esquire At rney :\D. #55717 Date: Jd- l-D~ 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161 Attorney for Petitioner ExmBIT: I A r-~~L:L:.L A 11/18/2004 15:12 FAX 7174329637 @03 COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 03, 2004 LLOV}) A PEFFER 40 LONG LANE ROA}) NEWVILLE PA li2~1 WI>>. D4301'2~331b34Q 001 PROCESSING lATE 10/2112004 :DRIYER LICENSE. 15491iO~ lATE OF BIRTH 02/21/1'50 . ! Dear Motorist; As a result of your conviction on 10/2'/2DO~ of violat- ing Section 3309 of the Vehicle Code, ~RIV ON ROAD hANE Fo~ TRF on 08/17/2004 , your privilege to driv-e a cOllmerci"l -- motor vehicle is being disqualified far a perioel of 60 DAVeS) as mandated by Section 1611G of the Vehicle Code. The effective date o~ disqualification is l2/08/200ii, 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 pa~session no later ttlan the effective date listed. I f 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. Fa i lure to cOIIPly wi t h this not ice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecutian under SECTION 1571(a)(4) of the Ve- hicle Code. I Although the law mandates that yaur driving privilege 1s 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 aCknDwledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE DR 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. Please see the enclosed application for restoration fee in- formation. 11/18/2004 15:12 FAX 7174329637 ~04 043019283316340 While your com~ercial driving privilege is disqualified, the Vehi cIa Code permi ts a d...i ver to obtain a noncclmllercial Class C or H license, if the driver possesses the mctorcycle qualification, to drive noncommercial motor vehicles. If YOU wish to obtain this license, please cOIIPlete the enclosed application as instructed and return it to the Pepartment. Please be aware that if you elect to obtain this noncommer- cial Class C or M license, you are still prohibited from operating a cammercial Notor vehicle. If you do sa, YOU are I 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 Comman Pleas (Civil Division) within 30 days of the ma i 1 da te (NOVEMBER 03, 2004) 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 froll the criminal conviction. AFTER THE APPE.AL HAS BEEN FILED IN THE COUNTY C;OURT I A TIME-STAMPED CERTIFIED COpy OF THE APPEAL MUST BE SENT BY CERTIFIED HAIL TO: PE"NSYL~ANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR1 RIVERFRONT OFFICE CENTER HARRISBURG1 PA. 17104 SincerelY, ~..,..... ~. ~ Rebecca L. Bickley, DirectDr Bureau of Driver Licensing SEND FEE/lICENSE/DL-16LC/TO: Department of TransPDrtation Bureau of Driver licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391"6191 ~~(L~/2004 15:12 FAX 7174329637 14101 601 US Route 16 NoM DiUsburg,PA 17019 (BOO)432-9617.FAX (717)-432-9637 Shumak r Trucking Fax ..... ~~ ~~\:O. Fax: ~\,-l.\o~ -q~ ~J Phone: ~'-l{~ d- ~'\~ \ '7 fn>m; l-~ ?~>.Q . Pag..: _ <--\ . .. Date: lie: cc: CJ Urgent 0 For RevIew CJ Please Comment 0 Please Reply D Please Reqde . Commo..b: 11/18/2004 15:12 FAX 7174329637 14102 CO~MONWEAL TH OF PENNSYLVANIA COUNTY OF: MIFFLIN 58-3-02 ORDER IMPC.SIN'G SENTENCE o COMMI;)NWEAL TH OF MlIg OIGI NO' OJ Na1l1~ ~I"n. t l. ,~ ~,~~./\. PENNSYL VANIA . \. I~ ,'. I ~ \ . I'" ~ ' !I I \ '....,' ,./ . BARBARA A - CI..A1m Ai:ldrus. 310 s. MAIN STREET SUITB 1: YEAGBRTOWN, PA Telf!ph"nq' (717) 248-2607 17099 VS. DEFENDANT: N"ME andADORESS !PEPPER, LLOYD Ji. 40 LONG LN' RD NEWVILLE, PA 17'241 L Docket No.: TR-OOOCI682-04 ~_ Date Filed; 8/19/04 ~. LLOYD A. PBFFER 40 WNG LN 1m NEWVJ:LLB, PA 17241 Charge(s): . \ S 'l~ 53309 551 DISREGARD TRAFPIC LANE (SINGLE) .....--:--..~ -- --'1'-. - -.~- ,- .... .---". ...--.--. .....,..--- . '_'~_"_.".J'_~_,j_____..-.--",.~ -------..- .- ...-.------.... ..-.--........-- THIS IS TO NOTIFY YOU THAT: o Ii! !!] On , your trial on the above charge(s) was held in the Magisterial District Court listed above in your absence pursuant to Pa.R.Crlm.P.455. You were found guilty and sentenceqto ftte following: On 10/26/04 I you "were convicted of or pled guilty to violating the abovE' Char~e~) and I sentenced you to the following: C II I An S ' F . ,. 0 atera mt at: .00 Fines: $2'5.00 Co~s: $46.00 Other: $50.00 10/26/04. f1estitution: $.00 VTotal $121. Oil Paid to Date: $121.00- Adjust~to Date: f '.00 Case"Balance *.00 Sentenced 10 Fines, Costs. and Restitution fi] o You are hereby ordered to make payment to this coufI on You are hereby ordered to make an initial paymenl to this court in the amount of $ . on Refer 10 the DIstrict Justica Payment' Order for additional paymenl scl1edule information, D You are hereby ordered to make an initial payment of $ due on or bGfore . Thereafter, a minImum payment of $ shall be made to this court with a final payment on Refer to the District Justice Payment Order for addilional payment scheduha information. o Alternate Sentence/Intermediate Punishment ____-,.~__ .... L ..-....ra.-...--=--.~:o..........,.....-....... ,." ~,.. II................~-. . '1~-r,.--~..-..-,.... ~_ =, c- .-_ __ -...:... .":'......=:-.' a_.... ..... "'':'-~ ........... to commence 0/1 and conclude on o Sentenced to Imprisonment A jail senlence 01 In the . You must appear for the execution of youI' jail sentence on (11 you file an appeal. tho execution of jail sentence will be slayed pending the outcome ot your appeal. and the issuing autnority may set bailor collateral. Refer to the Order 10 Appear for Jail Sentence for further information.) . You halle the right to appeal to the Court of Common Peas within 30 days lor a tdal de novo. You mIl"> rJr r the trial de novo in the Court of Common Pleas or your appeal may be dismissed you are found not guilty, any money ptev~ .'-.. ~~~~ will be returned to you. If "OU Ilave any que$liOlls, please call this office i ..r. .-><>.-=-,..~~.... 1 . ..:> _. . _ ;"_'"q ~.- . . :~~.- .0.. ....~s\~ ,., ~ . .. ~'ftJS' ~. . '^. : : .:~ : :;:.. '.0':: ~ 'i. wB;.: ."., .....fiw( '" . . "\. ~ ~~'.J' ~ ~~-"'--:":"-~ira;~' f. -_ ""l~Cl s~"o&. ~_. -:... $i,i-3.~"t; _....~. . --...:;.:....:.-...~ ] 0/16/04 Date My commission expires first Monday of January, D~B PRINTED:l0/26/04 AOPC ASS1 ,04 9:29:30 AX RECYCLED @ EXHIBIT: 'A" ".--.. .- - ~ I . topi~ to ~ 1C}.f J(U, VVv\ .-, ",1 ) 1 ........l -t: d ' -:..... .s,:- y .}.A. GOLDBERG KATZMAN, P,C. Jerry J. Russo - #55717 Attorneys for Defendant - (J'\ 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 CO:M:M:ONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004 CV 5147 LS LLOYD A. PEFFER, Petitioner ORDER AND NOW, this ( day of 0 ~~on consideration of Petitioner's Request for Order Permitting Contin~ommercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hearing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. BY THE COURT: Distribution: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel i~ ~ --. J. : (j '- , : T : \. t GOLDBERG KATZMAN. P.c. Jerry J. Russo - #5.5717 AttOl'neys for Defendant. ';-."1 <-I)'j ~'J!I 23 Nl 2: 54 .~. ,);~ :-l -- , '.' i .., 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 COl\1M:ONWEAL TH OF PENNSYLVANIA vs. : IN THE COUHT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ~ N().3cx:J~ Cv C~\Y--=\ LS LLOYD A. PEFFER, Appellant APPEAL OF COMMERCIAL MOTOR VEHICLE DISQUALIFICATION AND NOW, this ~arrl day of Novembpr, ~004, comes t.he Ar)p(~llant, Lloyd A. Peffer, by and through his attorney Jerry,], Russo and Goldberg Katzman, P.C. and files an appeal to the Commonwealth's Notice of Commercial Motor Vehicle Disqualillcation and avers as follows: 1. The above-captioned Appellant currently holrls a valid Pennsylvania driver's license. The license number of 1549170G. 2. On or about November :~, 2004, the above-captioned ^ppellant received Notice of a Commercial Motor Vnhiele Disqualification to begin and be ('('(('dive December 8, 2004, See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "A", 3. Appellant was notified that the suspension result8d from a conviction which occurred on October 26, 2004, for a violation of Section 3309 of tlw Motor Vehicle Code. 4. It is believed and therefore averred t.hat t.he suspension is not. proper and that the Appellant should maintain his privileges to drive a commercial motor vehicle. 5. Further, Appellant has filed an appeal from the UJHlndying conviction. WHEREFORE, Allpellant. respect.fully request.s t.his Honorable Court. order t.he Commonwealt.h of Pennsylvania Department. of Transportat.ion 1.0 restore the Appellant's commercial driving privil(~ges and rescind their Notice of Disqualification dated November 3, 2004 or, in the alternative, order a hearing in the above-captioned matter. Respectfully submitted, ~OLDBE?AQ? y-----~--~-------------- ,Jerry ,1. Russo, E~<luire Attornqy I.D. #~[i717 Date: i\ "1/~4- 320 Market Strprt P.O. Box 1268 Harrisburg, PA ] 7108-1268 (717) 234-4lH1 Attorney for Appnllant ......, ...O/,l;VV'l J.O;J.~ r'AX 7174329637 I4J03 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licens1ng Harrisburg, PA 17123 NOVEMBER D3, 2004 LLOVl> A PEFFER 40 LONG LANE ROAD NEWYILLE PA 17241 WI>> t D~3Dl'2~331b340 001 PROCESSING DATE 10/21/2004 l>RIYER LICENSE. lS4~170~ lATE OF BIRTH 02/21/1'50 . ! Dear Motorist; As a result of your conviction on 10/2'/2004 of violat- ing Section 3309 of the Vehicle Code, QRIV ON ROAD ~ANE FO~ TRF on 08/17/2004 , your privilege to driv-e a cOllllercial motor vehicle is being disQual.ified far a perioel of 60 DAyeS) as mandated by Section 1611G of the Vehicle Code. The effective date of disqualification is 12/D8/2004, 12:Dl a.m. In order to comply with this sanction YOU are required to return any current driver's license, learner's per~it and/or temporary driver's license (camera card) in your possession no later tl1an the effect i ve date listed. I f YOU cannot co_ply with the requirements stated above, yoU are ~equired to submit a DL1'LC Form or a sworn affidavit stat1ng that you are aware of the sanction against Your driving Privi- lege. Failure to CONPlY with this notice shall result in this Bureau referring this matter to the Penns~lvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. I Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit: will not begin unt i 1 all current driyer IS li cense product(s), the DL16LC Farm, 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. Please see the enclosed application for restoration fee in- formation. , ~ ~ ~ . ~ ~ i , .......,....v,..VV6t ~v;~~ raA 7174J29637 14J04 043019283316340 While your com~ercial driving privilege is disqualified, the Vehicle Code permi ts a dr-i var to obtain a nanCClmllerc ia1 Class C o~ M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor ve~icle$. If you ~ish to Dbtain this license, please cOIIPlete the enclosed application as instructed and return it to the D8part~ent. Please be aware that if you elect to obtain this noncommer- cial Class C or M license, you are still prohibited from operating a commercial motor vehicle. If YOU do sa, you are I subject to addition.l Denslties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court af Comman Pleas (Civil Division) within 30 days of the ma i 1 da te (NOVEMBER 03, 2004) of t~is notice. Vou must still send in your license before the effective date of disqualification unless YOU appear in pe~son 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 :EN THE COUNTY l;OURT, 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, <RJ.-,"-^ ~. ~"q-- 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 TOD IN STATE TDD OUT-OF-STATE AM TO S:OO PM) 1-800-932-4600 717-391-6190 1-800-228-067& 717-391-6191 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Depart.ment. of Transportation Office of Chief' Counsel Third Floor, Riverfront Office Cent.er Harrisburg, PA 17]04.2516 GOLDBERG KATZMAN, P.C. /)'1/ By: ((~ p~ rJerry,1. Rt: sso, ~squirc\ 820 Market~Street. P.O. Box 1268 Harrisburg, PAl 7] 08- 1268 (717) 284-4] G 1 At.torneys for Appellant. Date: IIJ ") 116131.1 1." 04 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 GOLDBERG KATZMAN, P.C, By: /'-~ Jerry J. R~o, Esqu~e 320 Marke;1~treet P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner Date: 1.1 116573.1 ~ 1- c1 IMAGEr) Copies Distributed Date 10/1/1 Initials Ci 1" , .QRlGINAL COMMONWEALTH OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. LLOYD A. PEFFER, Appellant NO. 2004 CV 5147 ':"::J . 0" :") I --.J ~ ORDER -, - .~ - .. <:,n AND NOW, this 7th day of December, 2004, upon review o~the Appeal of Commercial Motor Vehicle Disqualification filed by the Appellant, Lloyd A. Peffer, the Court makes the following findings: 1. The Appellant, Lloyd A. Peffer, is a resident of Newville, Cumberland County, Pennsylvania; and 2. The authorizing Pennsylvania statute applicable to this matter is 75 Pa.C.S. ~1550(b)(2). THEREFORE, pursuant to the aforesaid statute, this Court finds that we do NOT have jurisdiction to hear this appeal inasmuch as the Appellant is a resident of Cumberland County, and said statute vests exclusive jurisdiction for such appeals in the Court of Common Pleas of the County of residence of the Appellant. We further find that for the same reason of jurisdiction that only Cumberland County may entertain an application for a supersedes in this matter. , WHEREFORE, pursuant to Pa.R.A.P. 751 (a), this appeal is hereby transferred to the Court of Common Pleas of Cumberland County. FURTHER, the Prothonotary of Dauphin County is hereby directed to immediately effect the transfer of the entire case file to the Prothonotary of Cumberland County, for further proceedings according to law. BY THE COURT: Judge DISTRIBUTION: Beverly J. Points, Esquire, Assistant Counsel, Vehicle & Traffic Law Division, Pennsylvania Department of Transportation, Governor's Office of General Counsel, 1101 South Front Street - 3rd Floor, Harrisburg, PA 17104-2516 Jerry J. Russo, Esquire, 320 Market Street, Post Office Box 1268, Harrisburg, PA 17108-1268 2 IMAGED C orJ:. i Distributed '" Db~{; g}1~ Initials Lj COMMONWEALTH OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA vs. NO. 5147 CV 2004 C' .. ~' .......... f'.-) ~ -~ T. rr c::J f"q (j I \..0 LLOYD A. PEFFER, Defendant -Ill"-', ,~ ::.::~ ( c CIVIL ACTION - LAW v .; ~ .r::- -< AND NOW THIS 7 ORDER 1..0 day of December, 2004, the order dated December 7, 2004 issued by The Honorable Jeannine Turgeon which grants permission to Petitioner to maintain his commercial driving privileges is hereby vacated, Petitioner is directed to the order issued on December 7,2004 by the Honorable Lawrence F, Clark, Jr, which transfers this action to Cumberland County. Judge Clark's order states that only Cumberland County may entertain an application for a supercedeas in such a matter. BY THE COURT: Distribution: Beverly Points, Esquire, 1101 South Front Street, 3rd Floor, Harrisburg, Pa. 17104 Jerry Russo, Esquire, 320 Market Street, P. O. Box 1268, Harrisburg, Pa. 17108 ~ ." ,. .""T:. , -. - ~ ! .~!--: ,-:.:- .f9. lORY? It- .~ ~ ~C> D-.u ~P- :r; -7'-- --L. (-; ~~-' 11 g I ..-4 .. ~:; ,7 :b · ' :~..~ '3 , -. J r.. ~ ':,) .. , : ;., -'-~ ') ... ~ . ;':"1 (.'? () ~~ ....."...' , GOLDBERG KATZMAN, P.c. Jerry J. Russo - #55717 Attomeys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 COMMONWEALTII OF PENNSYLVANIA :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs, :NO. LLOYD A. PEFFER Defendant :CHARGE(S): Disregard Traffic Lane (Single) PETITIONER'S REQUEST FOR ORDER PERMIITING CONTINUED COMMERCIAL DRIVING PRIVILEGES TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW, this 10th day of December, 2004, comes the Petitioner, Lloyd A. Peffer, by and through his attorney Jerry J. Russo and Goldberg Katzman, P,C. and files a Request for Order Permitting Continued Commercial Driving Privileges and avers as follows: 1. The above-captioned Petitioner currently holds a valid Pennsylvania driver's license. The license number of 15491706. 2. On or about November 3, 2004, the above-captioned Petitioner received Notice of a Commercial Motor Vehicle Disqualification to begin and be effective December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "N'. 3. Petitioner filed an Appeal from Commercial Motor Vehicle Disqualification on November 23, 2004, attached hereto, made a part hereof and marked as Exhibit "B". 4. Undersigned counsel was advised that a hearing on that appeal has not been scheduled. 5. The Notice of Disqualification advises the operator that he must surrender his license pursuant to the disqualification unless an Order is received by a judge permitting continued operation of a motor vehicle. 6. Undersigned counsel filed a supersedeas with the Dauphin County Court of Common Pleas, based upon the filing of the initial License Disqualification Appeal, on December 7,2004, and was granted a supersedeas by the Honorable Judge Jeannine Turgeon on that same date. 7. Since Title 75 Pa.C.S. Section 1550(b)(2) requires the filing of an appeal in the county of the operator's residence, the License Appeal, and indeed the request for a supersedeas is not proper in the Dauphin County Court since Cumberland County would have exclusive jurisdiction of the appeal and the request for supersedeas. See Judge Turgeon's Order attached hereto as Exhibit "C" and incorporated herein by reference. 8. Pursuant to Court Order of Judge Lawrence F. Clark, Jr., the appeal was transferred to the Cumberland County Court of Common Pleas for further proceedings. See Judge Clark's Order attached hereto as Exhibit "D" and incorporated herein by reference. 9. Further, the supersedeas granted by the Honorable Judge Jeannine Turgeon was vacated by Judge Clark. 10. Since the appeal ofthe underlying conviction is pending at docket Crim. 742-04 before the Mifflin County Court of Common Pleas, Mr, Peffer is entitled to a supersedeas so that he may maintain his commercial driving privileges pending the resolution of the appeal of the underlying conviction and the appeal to his disqualification. WHEREFORE, Petitioner respectfully requests this Honorable Court grant an Order permitting Petitioner to continue to drive commercially pending a resolution of the heretofore herein filed Appeal of Commercial Motor Vehicle Disqualification. Date: I Z.IIClI\t Respectfully submitted, GOLDT0? By '\ Jerry J.\.Russo, Esquire 320 Mrket Street P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant 11/18/2004 15:12 FAX 7174329637 igJ U ;j COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licens1ng Harrisburg, PA 17125 NOVEMBER D3, 2004 LL.OVD A PEffER 40 LONG LANE ROAD NEWVILLE PA 11a~1 WI>>. D~3Dl'2&331b34a 001 PROCESSING DATE 10/27/2004 JRIVEft LICENSE. lS4'17D~ DATE OF BIRTH 02/21/1'50 . ! Deilr Motorist: As a result of your conviction on 10/2'/2D04 of Violat- ing Section 3309 of the Vehicle Code, ~RIV ON ROAD lANE FO~ TRF on 08/17/2004 , your privilege to drive a cOlllllercial motor vehicle is being disqualified for a period af 60 DAyeS) as mandated by Section 1611S of the Vehicle Code. T~e effective date Q~ disqualification is 12/08'200~.. 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 driverls license Ccamera card) in your possession no later than the effective date listed. If You cannot comply with the requirements stated above, you are ~equired to submit a DL1'LC Form or a sworn affidavit stating that YOU are aware of the sanction against your driving Privi- lege. Failure to cOIIIPly with this notice shall result in this Bureau referring this matter to the PennsYlvania state Police for prosecution under SECTION 1571Ca)(4) af the Ve- hicle Code. I Although the law mandates that your dri.ving privilege is under suspension eYen if yoU do not surrender your license, Credit will not begin unt i 1 all current driver's li cense productCs), the DL16LC Form, or a letter aCknowledging your sanction is received in thi.s 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. Please see the enclosed application for restoration fee in- formation. f ~ r i ~ , I P- i I J I J . ....- j i ~ i ~~F~OF~UU4 ~D:~~ ~AX 7174329637 It!.JU~ 0430192833163t40 While your com~ercial driving privilege is disqualified, the Vehicle Code permits a dr-iver to obtain a noncclmllercial Class C or H 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 neneommer- eial Class C Dr /II license. you ere still prohibited from operating a cammercial 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 actian to the Court of Comman Pleas (Civil Division) within 30 days of the mail date (NOVEMBER 03, 2004) of this notice. Vau 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 dri~e. PLlASE 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: PENNSYL~ANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 SincerelY, <8Jl-e-"A ~. ~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOr 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 TDD OUT-OF-STATE AM TO 8:00 PM) 1-800-932-t4600 717-391-6190 1-800-228-067& 717-391-6191 GOLDBERG KATZlI1AN. p.e. Jerry J. Russo - #55717 Attorneys for Defendant. 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108.1268 (717) 234-4161 C0l'v.llv.10NWEAL TH OF PENNSYLVANIA vs. : IN THE COUHT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ~ NO.doa~ (~<::J \L\~ L~ LLOYD A. PEFFER, Appellant ORDER AND NOW, this _ day of . 2004, upon consideration of Appellant's Appeal of Commercial Motor Vehicle Disqualification, it is hereby ORDERED AND DECREED that t.he Commonwealt.h of Pennsylvania Department of Transportation is ordered to rescind its Notice of Disqualification. In the alternative, it is hereby ORDERED AND DECREr~D that a hearing on the license suspension is scheduled for the day of . 200_ at o'clock _.m. BY THE COURT: J. Distribu tion: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel ,. .0- ;;;' ~,Ft~:. GOLDBERG KATZMAN, P,G. Jerry J. Russo. #55717 Attorneys for Defendant. ?Dftt. ~ ..uij,; {~'OV 23 PN 2= 54 . ;. '; t~; :; J : '.' ~!. ~ _ .,,, { < 't ~. ~ r'y f-' Z Ai },::r': Jr; I . 320 Market Street Post Office Box 12G8 Harrisburg, Pennsylvania 17108-1268 (71 7) 234-4161 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. ~ No.8Cb'-\ \....\J 5\l4'l LS LLOYD A. PEFFER, Appellant APPEAL OF COMMERCIAL MOTOR VEHICLE DISOUALIFICATION AND NOW, t.his 28rd day of November, 2004, comes t.he Appollant., Lloyd A. Peffer, by and through his attorney Jerry J, Russo and Goldberg Katzman, P.C, and files an appeal to the Commonwealth's Notice of Commercial Motor Vehicle DisqualiJieation and avers as follows: 1. The above-captioned Appellant current.ly holds a valid Pennsylvania driver's license. The license number of 15491706. 2. On or about November a, 2004, the above-capboned Appellant received Notice of a Commercial Motor Vehicle Disqualification t.o begin and be em.~ctive December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "A". 3. Appellant was notified that the suspension resulted from a conviction which occurred on October 26, 2004, for a violation of Section 3309 of th8 Motor Vehicle Code. 4. It is believed and therefore averred that the suspension is not proper and that the Appellant should maintain his privileges to drive a commercial motor vehicle. 5. Further, Appellant has filed an appeal from t.he undnrlying conviction. WHEREFORE, Appellant respectfully requests this Honorable Court order the Commonwealth of Pennsylvania Department of Transportation (,0 restore the Appellant's commercial driving privileges and rescind their Notice of Disqualilieation elated November 3, 2004 or, in the alternative, order a hearing in the above-captioned matter. Respectfully submitted, :OLDBE(~ y -----. ~. Jerry ,1. Russo, E~Hluire Attorm.:y 1. D. #.} G 71 7 Date: i\ ',1/\4-- 320 Market Str8p.t P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Apprllant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Dopartment of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 .Jerry ,J, RLSSO, squire! 320 Market'Street P.O. Box 1268 Harrisburg, PA 1710H-1268 (717) 234-4161 Attorneys for Appellant Date: "I \ 116131.1 '2.~lot >, 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 ....., '..;..:..:) ~ 0 :,-., '-1 c-) , f;'^ , 1 ~ -.I ...w_ '. -" i - -',) r.- .. U\ GOLDBERG KATZMAN, P,C. Jerry J, Russo - #55717 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004 CV 5147 LS LLOYD A. PEFFER, Petitioner ORDER AND NOW, this 1 day of ~~2004, upon consideration of Petitioner's Request for Order Permitting Continued Commercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hearing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. BY THE COURT: 11 ~Yli-1UAf1WY\ J. Distribution: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel DEe 0 7 lOOt :r~er:z cBr!ify that the foregoing is a _~~:c1L::~;nm Prothonotary COMMONWEALTH OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. . . ,..,...,. <:::,) = -- LLOYD A. PEFFER, Appellant r,-; - <:.::1 r'li ("") I -..J " - ...... . t .".... --, ~ ;-~ '-:.:: ...,-;.. NO. 2004 CV 5147 :~:.r ~-~ ~':' .~~~; ,-- . l ..:;:;~ .-:. ..~,...: : '-.l '_. ~~~~! ~~::: ~2: :"-:J ""ij '........ - .. ORDER U1 UJ AND NOW, this 7th day of December, 2004, upon review of the Appeal of Commercial Motor Vehicle Disqualification filed by the Appellant, Lloyd A. Peffer, the Court makes the following findings: 1 . The Appellant, Lloyd A. Peffer, is a resident of Newville, Cumberland County, pennsylvania; and 2. The authorizing Pennsylvania statute applicable to this matter is 75 Pa.C.S. ~1550(b)(2). THEREFORE, pursuant to the aforesaid statute, this Court finds that we do NOT have jurisdiction to hear this appeal inasmuch as the Appellant is a resident of Cumberland County, and said statute vests exclusive jurisdiction for such appeals in the Court of Common Pleas of the County of residence of the Appellant. We further find that for the same reason of jurisdiction that only Cumberland County may entertain an application for a supersedes in this matter .-:! ,i i "~Iifo-~\.:( :i~\ i ': Ii:' -,- v L," i ~ r [J/i II If 1 I J1'\; DEe 9 2004 \1 ~i U Ul .' . - -~ WHEREFORE, pursuant to Pa.R.A.P. 751 (a), this appeal is hereby transferred to the Court of Common Pleas of Cumberland County. FURTHER, the Prothonotary of Dauphin County is hereby directed to immediately effect the transfer of the entire case file to the Prothonotary of Cumberland County, for further proceedings according to law. BY THE COURT: ",-'f /JJ /; Q r: t:Ra.JI, (. Lawrence F. Clark, Jr., Judge DISTRIBUTION: Beverly J. Points, Esquire, Assistant Counsel, Vehicle & Traffic Law Division, Pennsylvania Department of Transportation, Governor's Office of General Counsel, 1101 South Front Street - 3rd Floor, Harrisburg, PA 17104-2516 Jerry J. Russo, Esquire, 320 Market Street, Post Office Box 1268, Harrisburg, PA 17108-1268 2 DEe n 7 ?"O~\' .... I hereby c&rtify tl1at t\1S foregOing is ~. true and curroct Cop2'1 of ltiri original ftIod. --- ~Iw c!'. +:~ P~~otary CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P.575: Service via U.S. regular mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 17104-2516 GOLDBERG KATZMAN, P.e. By Date: 116707.1 12..110 lot. J er J. Russ , Esquire 320 arket treet P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant ~ COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAIND COUNTY, PENNSYLVANIA V, LLOYD A. PEFFER 04-6360 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of Deceml:Jer, 2004, IT IS ORDERED that a hearing on the within appeal from a commercial motor vehicle disqualification shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1 :30 p.m" Monday, March 28, 2005. A supersedeas IS GRANTED. By the C:ourt, ./ f:: Edgar B. Bayley, J. "'" v'George Kabusk, Esquire For the Department of Transportation /J'erry J. Russo, Esquire For Defendant ~ t~ttl 41 ~ I ^ - 3D {) ~ :sal 't!{\{tl/\l}\SNN3d 'INn,",,1"'.1 r" '\.,'.. ""iIMnl'"\ I\..L. fl.)..... \, ,J 'r~,r ,,""J:;r:-> ~j V s ~ :9 HV 6Z 330 ~DDl AHVLONOHIOdd 3Hl ::10 ::J81.~:io--a31rj .~ ,- DEe 2 0 2004 t' GOLDBERG KATZMAN, P.e. Jerry J. Russo - #55717 Attorneys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 vs. :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. OlI-ldIoO CiUlL't-~ : CHARGl~: Disregard Traffic Lane (Single) COMMONWEALTH OF PENNSYLVANIA LLOYD A. PEFFER Defendant ORDER AND NOW, this _ day of , 2004, upon consideration of Petitioner's Request for Order Permitting Continued Commercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hea]~ing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. BY THE COURT: J. Distribution: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel 116707,1 GOLDBERG KATZMAN, P.c. Jerry J. Russo - #55717 Attorneys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 COMMONWEALlH OF PENNSYLVANIA :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. LLOYD A. PEFFER Defendant :CHARGI~: Disregard Traffic Lane (Single) PETITIONER'S REOUEST FOR ORDER PERMITTING CONTINUED COMMERCIAL DRIVING PRIVILEGES TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW, this 10th day of December, 2004, comes the Petitioner, Lloyd A. Peffer, by and through his attorney Jerry J. Russo and Goldberg Katzman, P.C. and files a Request for Order Permitting Continued Commercial Driving Privileg{ls and avers as follows: 1. The above-captioned Petitioner currently holds a valid Pennsylvania driver's license. The license number of 15491706. 2. On or about November 3, 2004, the above-captioned Petitioner received Notice of a Commercial Motor Vehicle Disqualification to begin and be effective December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "Pi'. 3. Petitioner filed an Appeal from Commercial Motor Vehicle Disqualification on November 23, 2004, attached hereto, made a part hereof and marked as Exhibit "B". 4. Undersigned counsel was advised that a hearing on that appeal has not been scheduled. 5. The Notice of Disqualification advises the operator that he must surrender his license pursuant to the disqualification unless an Order is received by a judge permitting continued operation of a motor vehicle. 6. Undersigned counsel filed a supersedeas with the Dauphin County Court of Common Pleas, based upon the filing of the initial Lic1ense Disqualification Appeal, on December 7, 2004, and was granted a supersedeas by the Honorable Judge Jeannine Turgeon on that same date. 7. Since Title 75 Pa.C.S. Section 1550(b)(2) requires the filing of an appeal in the county of the operator's residence, the License Appeal, and indeed the request for a supersedeas is not proper in the Dauphin County Court since Cumberland County would have exclusive jurisdiction of the appeal and the request for supersedeas. See Judge Turgeon's Order attached hereto as Exhibit "C" and incorporated herein by reference. 8. Pursuant to Court Order of Judge Lawrence F. Clark, Jr., the appeal was transferred to the Cumberland County Court of Common Pleas for further proceedings. See Judge Clark's Order attached hereto as Exhibit "D" and incorporated herein by reference. 9. Further, the supersedeas granted by the Honorable Judge Jeannine Turgeon was vacated by Judge Clark. 10, Since the appeal ofthe underlying conviction is pending at docket Crim. 742-04 before the Mifflin County Court of Common Pleas, Mr. Peffer is entitled to a supersedeas so that he may maintain his commercial driving privileges pending the resolution of the appeal of the underlying conviction and the appeal to his disqualification. WHEREFORE, Petitioner respectfully requests this Honorable Court grant an Order permitting Petitioner to continue to drive commercially pending a resolution ofthe heretofore herein filed Appeal of Commercial Motor Vehicle Disqualifilcation. Respectfully submitted, By Date: I Lf'<ll\t Jerry J. usso, squire 320 M ket Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Exhibit A 11/18/2004 15:12 FAX 7174329637 I(g U ;J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licens1ng Harrisburg, PA 17125 NOVEMBER 03, 2004 LLOV) A PEFfER 40 LONG LANE ROAD NE~YILLE PA 11~~1 WI>>. D43Dl'2&331b340 001 PROCESSING lATE 10/2112004 DRIVER LICENSE. lS49110~ DATE OF BIRTH 02/21/1'50 . ! Dear Hotoristl As a result of your conviction on 10/2&/2D04 of Violat- ing Section 3309 of the Vehicle Code, O~IV ON ROAD LANE FO& TRF an 08/17/2004 , YDur privilege to drive a conulercial lIator vehicle is being disqualified flJr a period af 60 DAVeS) as mandated by Section 1611G of the Vehic~e Code. The effective da~e a~ d~squalificat1an ~B 12/08/2004~ 12:01 a.m. In order to callply with this sanction YOU are required to return any current driver's license, learner's permit and/or temporarY driverls license (callera card) in your PDssession no later ttlan the effective date l1ste~d. If YOU cannot cOllply with the requirellents stated above, you are required to submit a DL1'LC 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(8)(4) of the V~- hiele Code. I Although the law mandates that your driving privilege is under suspension even if YOU do not surrender your license, Credi~ will not begin until all current dr1Ye~' s license prDductCs), the DL16LC Form, or a 18tte~ aCknowledging YDur sanction is received in this Bureau. .. Wf4EN THE DEPARTMENT RECEIVES YOUR LICE~ISE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF yOU DO NOT R~CEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, VOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Please see the enclosed application for restoration fee in- fl:)rllation. 11/18/2004 15:12 FAX 7174329637 Ii!,lV-. 0430192833163tiO While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtnin a nancelmnercial Class C or H license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If YOU Wish to obtain this license, please callpletB the enclosed application as instructed and return it to the Depart_ant. Please be aware that if you elect to obtain this noncommer- cial Class C or M license. you are still prahibi ted fram operating a camllercial motor vehicle. If yoU do 50, yoU are I subiect 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 ~D days of the mail date (NOVEMBER 03. 2004) of this notice. Vau must still send in your license before thll!l effective date of disqualification unless YOU appear in p~rson before a JUdge and receive an order permitting you to continue to drive. PLIlASE NOTE that this Civil Appeal is in addition to anY appeal YOU have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN ~ILED IN "H! COUNTY COURT ~ A TIME-STAMPED CERTIFIED COPY OF THE APPIEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYL"ANIA DEPARTMENT OF TRAlfl1SPORTATJ:ON OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFIICE CENTER HARRISBURG, PA. 17104 Sincerel:v, ~l.~' ~-q, Rebecca l. Bickley, Director Bureau of Drlver Licensing SEND FEE/LICENSE/DL-16LC/TO: Depa~tment of Transportation Bureau of Driver licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OU'T-OF-STA TE TDlO IN STATE TDlO OUT-OF-STATE AM TO 8:00 PM) l-aOO-932-ti600 717-391-6190 1-80D-228-0676 717-391-6191 Exhibit B GOLDBERG KATZMAN, P.C. Jerry J. Russo - #55717 Attorneys for Defendant. 320 Market Street. Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 CO:MMONWEALTH OF PENNSYLVANIA vs. : IN THE COURT OF COMMON PLEAS : DAUPI-HN COUNTY, PENNSYLVANIA ~ NO.dC:)(~l.\ C~ <:) \ L\ ~ L ':::> LLOYD A. PEFFER, Appellant. ORDER AND NOW, this _ day of . 2004, upon consideration of Appellant's Appeal of Commercial Motor Vehicle Disqualification, it is bereby ORDERED AND DECREED that t.he Commonwealt.h of Pennsylvania Department of Transportation is ordered to rescind its Notice of Disqualification. In the alternative. it is hereby ORDERED AND DECREr~D that a hearing on the license suspension is scheduled for the clay of . 200_ at o'clock _.m, BY THE COURT: J. Distribu tion: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel ,0-; )q'~'g~(}, GOLDBERG KATZMAN, P.C. Jerry J. Russo - #55717 Attorneys for Defendant 2[ja~ ~JOV 23 . PH 2: 54 .: -'\" .. ~'J 1....., ~ ;; f .:... 4. _'. ~ '.' .. _ '- . ~ . '0"" /_., r y t-':h:~}'./ /\ ...... ~, I . 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108.1268 (717) 234.4161 CO:M:MONWEALTH OF PENNSYLVANIA vs. : IN THE: COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ~ No.8,co~ C\J 5\Lfl LS LLOYD A. PEFFER, Appellant APPEAL OF COMMERCIAL MOTOR VEHICLE DISOUALIFICATION AND NOW, this 28rd day of Novembr.r, 2004, comes the App(~llant, Lloyd A. Peffer, by and through his attorney Jerry J. Russo and Goldberg Kat.zman, P.C. and files an appeal to the Commonwealth's Notice of Commercial Motor Vehicle DisqualiJieation and avers as follows: 1. The above-captioned Appellant currently holds a valid Pennsylvania driver's license. The license number of 15491706. 2. On or about. November a. 2004, t.he above-capt.ioned Appellant received Notice of a Commercial Mot.or Vehicle Disqualification t.o begin and be em~ctive December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "A". 3. Appellant was notified t.hat the suspension resulted from a conviction which occurred on October 26, 2004, for a violation of Section 3309 of th~ Motor Vehicle Code. 4. It is believed and t.herefore averred t.hat t.he suspension is not proper and that the Appellant should maintain his privileges to drive a commercial motor vehicle. 5. Further, Appellant. has filed an appeal from t.he llndnrlying conviction. WHEREFORE, Appellant respectfully requests this Honorable Court order the Commonwealth of Pennsylvania Department of Transportation to restore the Appellant's commercial driving privileges and rescind their Notice of Disqualifieation dat.ed November 3, 2004 or, in the alternative, oreIer a hearing in the above-captioned matter. Respectfully submitteel, By Date: ;\1,1/,4-- 320 Market Strep.t P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for ApprlJant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Department ofTloansport.ation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 GOLDBERG KATZMAN, P.C. By: ,Jerry ,J, R ~so, squirn 320 Market Street P.O. Box 1268 Harrisburg, PA 17] OH-1268 (717) 234-4161 Attorneys for Appellant Date: III } 116131.1 2; o'f Exhibit C '. GOLDBERG KATZMAN, p.e, Jerry J. Russo - #55717 Attorneys for Defendant f"-_.' :.::..:.) '~ -, 0 :"., -1 '.~ \ r-f"~ I i -.J -,- 1 , -0 I 3: -:J ...- U1 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004 CV 5147 LS LLOYD A. PEFFER, Petitioner ORDER AND NOW, this 1 day of ~2004, upon consideration of Petitioner's Request for Order Permitting Continued Commercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hearing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. BY THE COURT: ~m~ ~Y\ J. Distribution: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel DEe 0 7 _ - :r~:reby certify that the foregoing is a Illed. and correct COfJYtf ~ original ::,:J!p.1w c.. I-ttuoJ Prothonotary Exhibit D . . COMMONWEALTH OF PENNSYLVANIA, . . IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. . . I'>o-..} = = -- LLOYD A. PEFFER, Appellant -:~ ~ rr"i: . C.::J p-, n I -.J ~.-.~ .~.";" . . NO. 2004 CV 5147 ~-:..;:'" r ' ~ ~-~~-} ; :~:: ." "'-- -v - ...... .-......., - ~,,..t - ~ .;:,_ :::;, ~~. _oj r-- :-'"".Y - .. :.:) ORDER c.n ~ AND NOW, this 7th day of December, 2004, upon review of the Appeal of Commercial Motor Vehicle Disqualification filed by the Appellant, Lloyd A. Peffer, the Court makes the following findings: 1 . The Appellant, Lloyd A. Peffer, is a resident of Newville, Cumberland County, Pennsylvania; and 2. The authorizing Pennsylvania statute applicable to this matter is 75 Pa.C.S. ~1550(b)(2). THEREFORE, pursuant to the aforesaid statute, this Court finds that we do NOT have jurisdiction to hear this appeal inasmuch as the Appellant is a resident of Cumberland County, and said statute vests exclusive jurisdiction for such appeals in the Court of Common Pleas of the County of residence of the Appellant. We further find that for the same reason of jurisdiction that only Cumberland County may entertain an application for a supersedes in this matter.- ----~~-- ;' If \ L~ i I'L)/ i I I"'-'~ I II \\ i 'I Ii; IL Ul t t ~ ~ n \" 17 ,":-' r'-" : ~v I .r_~. .. -'," r, :.- & -::;'::":!,& -': k... ~1~ ,1 :.1 , II If DEe 9 2004 Ill: i, I:' oJ ," WHEREFORE, pursuant to Pa.R.A.P. 751 (a), this appeal is hereby transferred to the Court of Common Pleas of Cumberland County. FURTHER, the Prothonotary of Dauphin County is hereby directed to immediately effect the transfer of the entire case file to the Prothonotary of Cumberland County, for further proceedings according to law. BY THE COURT: u y; ~;. Lawrence F. Clark, Jr., Judge DISTRIBUTION: Beverly J. Points, Esquire, Assistant Counsel, Vehicle & Traffic Law Division, Pennsylvania Department of Trans,portation, Governor's Office of General Counsel, 1101 South Front Street - 3~ Floor, Harrisburg, PA 17104-2516 Jerry J. Russo, Esquire, 320 Market Street, Post Office Box 1268, Harrisburg, PA 17108-1268 2 . DEL \) 7 ?"O~\' _" I hereby c6rtify that the foregoing is ~; true and corroc! COP~f Iha origiool fUed. ~ C!.. ~ f'f notary .-'" . . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P.575: Date: 116707,1 Service via U.S. regular mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 GOLDBERG KATZMAN, P.e. By , z..Ilo 1<:1+ ("', ""'""':' - , ~ Cl' ~ r ~~ t'-~I -., ::::1 , . - , il (,.) ( \" j DEe 2 0 2004 { GOLDBERG KATZMAN. P.C. Jerry J. Russo - #55717 Attorneys for Defendant 320 Market Street Post Office Box 1 ~6l:! Harrisburg, Pennsylvania 171 08-1~(-iH (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA vs. : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ~.' NO. ~Q)\..\ CJ :j\\ 1-, '-\ i l-S LLOYD A. PEFFER, Appellant ORDER AND NOW, this _ day of , 2001, upon con"idmation of Appellant's Appeal of Commercial Motor Vehiclt~ Disqualification, it is l18n~by ORDERED AND DECREED t.hat tile Commonwealt.h of P(\nnsylvania Department. of Transportation is ordered t.o mscind its Notice of Disqualiflcation. In the alternative, it is hernby ORDERED AND DECREED that. a beariug OIl the license suspension is scheduled for tlw day of , 200_ at o'clock .m. BY THE COURT: J. Dist.ribu t.ion: ,Jerry J. Russo, Esqum~ PA Department oCTrans)lortation, Offico of Chief Counsel O-l -fs,]1.D C,-u:L ~~ Stephen E. Farina Prothonotary OFFICE OF y\\.OTBONOT~j? Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 County of Dauphin Curtis R Long, Prothonotary Cumberland County Court House Hanover & High Streets Carlisle, Pa 17013 December 14, 2004 IN RE: Commonwealth ofPa Vs. Lloyd A Peffer Dauphin County Dkt No 2004 CV 674 Cumberland County Dkt No. Dear Sir/ Madam: By Order of December 7,2004 by Hon Todd A Hoover, Judge The above matter has been transferred to the Court of Common Please of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I Will appreciate the return of the attached receipt address to the Attention: of Ms. Lisandra Garcia. Very truly yours, (?/~ Y5 PTa;rtna Stephen E. Farina Prothonotary Date: 12/14/2004 Time: 09:15 AM Page 1 of 1 Dauphin County ROA Report Case: 2004-CV-5147-LS Current Judge: No Judge User: LGARCIA ()<.J -(,2f..D C0lt'!-~ Commonwealth of PA DOT vs, Lloyd A Peffer Date 11/23/2004 11/24/2004 12/7/2004 12/9/2004 12/14/2004 License Suspension Appeal Judge No Judge No Judge No Judge New Civil Case Filed This Date. Defendant: Peffer, Lloyd A Attorney of Record: Jerry Russo Filing: Appeal - License Suspension Paid by: Russo, Jerry (attorney for Peffer, Lloyd A) Receipt number: 0069627 Dated: 11/23/2004 Amount: $104.50 (Check) Appeal of Commercial Motor Vehicle Disqualifications, filed No Judge Upon review of the Appeal of Commercial Motor Disqualification filed by the Lawrence F. Clark Jr. Appellant, Lloyd A. Peffer, the Court makes the following finding8' See Com plete Order filed copies dist 12/7/04 Petitioner's Request for Order Permitting Continued Commercial Driving Privileges, filed Upon consideration of Petitioner's Request for Order Permitting Continued Jeannine Turgeon Commercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hearing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. See ORDER filed. Copies to Atty. 12-7-04. The order dated December 7, 2004 issued by The Honorable Jeannine Turgeon which grants permission to Petitioner to maintain his commercial driving privileges is hereby vacated. Petitioner is directed to the order issued on December 7,2004 by the Honorable Lawrence F. Clark, Jr. which transfers this action to Cumberland County, Judge Clark's order states that only Cumbeland County may entertain an application for a supercedeas in such a matter. See Order filed copies dist 12/10104 The above action transferred to the Court of Common Pleas of Cumberland No Judge County, ****NO MORE ENTRIES CASE TRANSFERRED**** TOTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNT No Judge Jeannine Turgeon No Judge DEe 14 200\ I hen?t;y c:::r~;f~' e;Gt tj"ie fore~oillg is a true and com3<.:;l copy r(-!t tt.c ol'fgina! flied. 1\ -.3. (, Ij";J .t...,".....f' ,> ! . , '. '.'(: ) I-t"~ (<1f...[ ............>._ ~"'~~,~ _~n::-_---':-".L...!...!.J.;':"'~' ~.' . Prothoilt: t;1r y .., . I., :- GOLDBERG KATZMAN. P.c. Jerry J. Russo - #55717 Attorneys for Defendant , ,,:' 'I"' ~")' 1 I, 1 \ ~ ~;'rl Iln'l ""1~r~2. 2 " L ~ ~f I', U t, / ~ I:: ~ 2: 'S 7-x \~Jc\ \ t')~ '-J::J , I' I j~ :, I 320 Market Street Post Office Box 1288 Harrisburg, Pennsylvania 17108-1288 (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA vs. : IN THE COUHT OF COMMON PLEAS : DAUPHlN COUNTY, PENNSYLVANIA ~ NO. ;)(~(') '--\ C\..) r: \ ~ ~-~ L_S LLOYD A. PEFFER, Appellant APPEAL OF COMMERCIAL MOTOR VEHICLE DISOUALIFICATION AN D NOW, this 2:~rd day of Novemlwr, 2004, COmE.1S the Appnllant, Lloyd A. Peffer, by and through his attorney ,Jerry ,J. Russo and Coldberg Katzman, P.C. and files an appeal to the Commonwealth's Notice ofCommp.rcial Motor Vehicle Disqualification and avers as follows: 1. The above-captioned Appellant curnmtly holds a valirl Pennsylvania driver's license. The license number of 1 fi49170G, 2. On or about November a, 2004, the abov(~-captioned ^Pl)ellant received Notice of a Commercial Motor Vphicl8 Disqualification to begin and be (,f'l(~ctive December 8, 2004. See Notice of Disqualification attaclwd hereto, made a part 118r80f and marked as Exhibit "/,\', 3. Appellant was notifi8d that the susp8nsion result,pd from a conviction which occurred on October 2G, 2004, for a violation of Section 330S1 of tl)(' Motor Vehicle Code, 4. It is believed and therefor8 averred that the suspension is not proper and that the Appellant should maintain his privilog(~s to drive a commercial motor vehicle. 5. Further, ApJl(J,llant has filed an appf1a] from tho undnrlying conviction. WHEREFORE, Appellant respectfully r(>-quests this Honorable Court order the Commonwealth of Pennsylvania Department of Transportation t.o restore the Appellant's commercial driving privileges and rescind their Notice of Di:~qualirication dated November 3, 2004 or, in the alternative, orcl(~r a hearing in Ow above-captioned matter. Respectfully submitted, By Date: 1\/2.11.4- :120 Market Str00t. P.O. Box 126H Harrisburg, PA 17108-1268 (717) 234-4161 Attonwy for ApJlnllant Exhibit A 11/18/2004 15:12 FAX 7174329637 l4J 03 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Lieenslng Harrisburg, PA 1712! NOVEMBER 03, 2004 LLOV]) A PEFFER 40 LONG LANE ROA]) NEWVILLE PA 112~1 WID' D4301'2~331b340 001 PROCESSING lATE 10/2112004 DRIYER LICENSE. lS4~170~ JATE OF BIRTH 02/21/1'50 Dear Motorist: . ! As a result of ~our conviction on 10/2&/2D04 of violat- ing Section 3309 of the Vehicle Code, D~IV ON ROAD ~NE F~ TRF on 08/17/2004 , your privilege to drive a cO~lmereial motor vehicle is being disqualified fl3r a periocl of 60 DAyeS) as mandated by Section 1611G of the Vehicle Code. The effective date a~ d~squalificatian ~s 12'08'2004, 12:01 a.m. In order to co.pl~ with this sanction ~ou are req~lred to return any current driver's license, learner's permit and/or temporarY driver1s license Cca.era card) in your possession no later thiiln the effective date listed. If you cannat co_ply with the requirements stated above, you are ~equired to submit a DL1&LC Farm 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 lS71Ca)(4) af the V~- hicle Code. I Althollgh the law mandates that your- dr:iving privilege is under sllspension even if YOU do nDt sur-render your license, Credit: will not begin until all current driver-' s license productCsl, the DL16LC Form, Dr 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 1S DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Please see the enclosed application for restoration fee in- formation. 11/18/2004 15:12 FAX 7174329637 [4]04 043019283316340 While your commercial driving privilege is disqualified, the Vehi cIa Code permi ts a d I"'i ver to obtil in a noncclmllercial Class C or H license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If YOU wish to Dbtain 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 ngncommer- cial Class C or M license, YOU are still prohibited from operating a comllercial motor vehicle. If you dD sa, you are I SUbject to additionsl ~enalties, in~luding possible lifetiMe disqualification of your commercial driving privilege. You have the right to appeal the Department's actian to the Court of Comllan Pleas (Civil Division) within 3D days of the mail date (NOVEMBER 03, 2D04) of this notice. Vou 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. PL!ASE NOTE that this Civil Appeal is in addition to any appeal YOU have to file froll the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN TI/otE COUNTY I:OURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNS!L THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 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 TDD OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Departm~~nt ufTranspnrtatiol1 Office of Chief Counsel Third Floor, Riverti-ont Office Center Harrisburg, PA 17104-2fiHi GOLDBERG KATZMAN, P.C. By: ,Jnrry,1. Rl SSO, <'squil-(, 820 Marknt Street P.O. Box 12G8 Harrisburg, PA 1710H-1268 (717) 281-4161 Attorneys for Appnllant Date: "I ) 116131.1 2~ 04- l'J)pi ~ 11> octVct ld-}llDtf V ~'v\ . qEC 2 0 l'OO/ l~' ,..... ~_.l -..' - , -- .x:: V .,N'l GOLDBERG KATZMAN, p.e, Jerry J. Russo - #55717 Attorneys for Defendant - (J'\ 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 COMMUNWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004 CV 5147 LS LLOYD A. PEFFER, Petitioner AND NOW, this I day of Request for Order Permitting Con tin ~~on consideration of Petitioner's Commercial Driving Privileges, it is hereby ORDERED AND DECREED that, pending a hearing on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, Petitioner is granted permission to maintain his commercial driving privileges. BY THE COURT: Distribution: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel J. o IMA,GED "' :') __..1 GOLDBERG KATZMAN, P.C, Jerry J. Russo - #55717 Attorneys for Defendant -'1 .- ..- .' 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 - <f\ COMM:ONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004 CV 5147 LS LLOYD A. PEFFER, Petitioner PETITIONER'S REQUEST FOR ORDER PERMITTING CONTINUED COMMERCIAL DRIVING PRIVILEGES AND NOW, this 7th day of December, 2004, comes the Petitioner, Lloyd A. Peffer, by and through his attorney Jerry J. Russo and Goldberg Katzman, P,C. and files a Request for Order Permitting Continued Commercial Driving Privileges and avers as follows: 1. The above-captioned Petitioner currently hollds a valid Pennsylvania driver's license. The license number of 15491706, 2. On or about November 3, 2004, the above-captioned Petitioner received Notice of a Commercial Motor Vehicle Disqualification to begin and be effective December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "}:'. 3, Petitioner filed an Appeal from Commercial Motor Vehicle Disqualification on November 23, 2004, attached hereto, made a part hereof and marked as Exhibit "B". 4. Undersigned counsel was advised that a hearing on that appeal has not been scheduled. 5. The Notice of Disqualification advises the operator that he must surrender his license pursuant to the disqualification unless an Order is received by a judge permitting continued operation of a motor vehicle. WHEREFORE, Petitioner respectfully requests this Honorable Court grant an Order permitting Petitioner to continue to drive commercially pending a resolution of the heretofore herein filed Appeal of Commercial Motor Vehicle Disqualification. Respectfully submitted, GOLD Date: lei- I.D~ 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234l-4161 Attorney for Petitioner Exhibit A 11/18/2004 15:12 FAX 7174329637 14]03 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licens1ng Harrisburg, PA 17123 NOVEMBER 03, 2004 LLOVD A PEFFER 40 LONG LANE ROAD NEWYILLE PA 17241 WI>>. D43Dl'2~3316340 001 PROCESSING DATE 10/27/2004 DRIYER LICENSE. lS49170b DATE OF BIRTH 02/21/}'5D Dear f'1otorist~ . ! As a result of your conviction on 10"2'/2DO~ of Violat- ing Section 3309 of the Vehicle Code, O~[V ON ROAD L~NE FO~ TRF on 08/17/2004 , your privilege to drive a cOIIl/llercial motor vehicle is being disqualified flllr a period of 60 DAV(S) as mandated by Section 1611G of the Vehicle Code. The effective date o~ disqualification io 12'08'2004, 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 driverls license (camera card) in YOUr possession no later than the effective date listed. I f YOU cannot comply with the requirements stated above, you are ~equired to submit a Dll'lC Form or a sworn affidavit stating that you are aware of the sanction against your driving Privi- lege. Failure to cOllply 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. I Altho1l9h the law mandates that your dr:iving privilege is under suspension even if YOU do not surr'lnder your license, Credit will not begin until all curren't dr-1ver I s license productcs), 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 VOU 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. Please see the enclosed applicatiDn for restoration fee in- formation. 11/18/2004 15:12 FAX 7174329637 14]04 043019283316340 While your commercial driving privilege is disqualified, the Vehi cia Code permi ts a dri ver to obta in a noncclmllereial Class C or H license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If YOU wish to obtain this license, please cotlPlete the enclosed application as instructed and return it to the Department. Please be aware that if you elect to obtain this n~ncollmer- cial Class C or M license, you are stj,ll prohibited froll operating a commercial motor vehicle. If YOU do so, YOU are I subject to additional penalties, including possible lifeti.e disqualification of your commercial driving privilege. You have the right to appeal the Departmentls action to the Court of Comman Pleas (Civil Division) within 3D days of the mail date (NOVEMBER 03, 200~) of this notice. Vou 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 driYe. PLEASE NOTE that this Civil Appeal is in addition to any appeal YOU have to file frail the criminal conviction. AFTER THE APPEAL HAS BEEN F%LED IN TUE COUNTY c;OURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANZA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR1 RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 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 TDD OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391"6191 11/18/2004 15:12 FAX 7174329637 14]01 601 US Route is Nol1h DiUsburg,PA 17019 (BOO)-432-9617.FAA (717}432-9637 .. ; r Trucking Fax Too ~ R-\A:::-::O. FlIJC ~\l-'-\~d -G.h~, Phone= ~'-l{ ~"(t- ~'\ ~ \ '7 Frum: L\~ ~*~Q_ Pages: 4 . Date: lie: cc: o Ul1lent 0 For RevIew 0 Please Conwnent D PI.... Reply r::l Please Reqde . Comments: 11/18/2004 15:12 FAX 7174329637 COrv,MONWEAL TH OF PENNSYLVANIA COUNTY OF; MIFFLIN 14]02 CIRDER IMPC>>SIN'G SENTENCE o COMMljNWEAL TH OF vs. DEFENDANT; No.ME and AOOAESS f'PBFE'ER, LLOYD J~ 40 I.oNG LN' R.D ~rzLLB, PA 1'7'241 L Docket No.: TR-000CI682-04 ~_ Date riled: 8/19/04 ~ MlIg 01;, NO' 58-3-02 OJ Narll~ Ho". (L ,~ ~'~~-I\' PENNSYLVANIA 8ARBARA A. CLARE Al:ldrm. 310 S. MAIN STREBT SUITE I YEAGBRTOWN, PA Telc:phon,' (717) 248 -2607 17099 LLOYD A. PBFFER 40 LONG LH RD NEWVILLE, PA 17241 . \. ../~ . f '" : ' ! I I \ \.....,' . .J' . Charge(s): . , 1.~r?:~53!~9 - '~1~~~_~:_ ~_(~~~LB~___.____ --~----- - ------ -.--t THIS IS TO NOTIFY YOU THAT: o On . your trial on the above charge(s) was held in the Magisterial District Court listed abOve in your absence pursuant to Pa.R.Crim.P.455. You were found guilty and senlenceqto the following: On 10/26/04 , you 'i,vere convicted of or pled Quilty to violating the abovE' Char~e. ) and I sentenced you to the following: C II I A S F " 0 atera mt et: Fines; Costs: Other: f?estitutio n: ~otal Paid to Date: Adjust~to Date: Case'8alance I IiJ [!] Sentenced 10 Fines, Costs. and Restitution [i] D You are hereby ordered to make paymellt to this cout! on 10/26/04. You are hereby ordered to make an initial payment to this court in the amOl.lnl of $ on Refer to the District Justice Payment Order for additional paymenl scl1edule information. D You are hereby ordered to make an initial paymenl of $ due on or before . Thereafter, a minimum payment of $ shall be made to this court with a final payment on Refer to the DistriCI Justice Payment Order for additional payment schedule information. D Alternate Sentencellntermediate Punishment ----~__ ~ .......0-.-.-...::.,.... ~:......,...."t'"P.-. ~~~----~~~-=........ -- -...:.. '''':'.....:=-. to commence 011 and conclude on ..;--. -......... o Sentenced to Imprisonment A iail sentence 01 In the . You must appear for the execution 01 your jail sentence on (11 you file an appeal, tho execution of jail sentence will be Stayed pending the outcclme of your appeal. and the issuing alJtl10rity may set bail or collateral. Refer to the Order 10 Appear for Jail Sentence for further information.) . Of Common Pleas or your appeal may be dismissed If you have any queStions, please call this office i lO/7G/04 Date My commission expires first Monday of January. 2006 D~B PRINTED:l0/26/04 AOPC ASS1 .04 9:29:30 AX Exhibit B DE C 2 0 l004 f GOLDBERG KATZMAN, P.C. Jerry J. Russo - #55717 Attorneys for Defendant. 320 Market St.reet. Post Office Box 1268 Harrisburg, Pennsylvania ) 7108-I:!H8 (717) 234 -4161 CO:MMONWEALTH OF PENNSYLVANIA vs. : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA ~ NO.dC')a~ C"-l ~ \L\ ~ L ~ LLOYD A. PEFFER, Appellant ORDER AND NOW, this _ day of ,2004, upon eon~ideration of Appellant's Appeal of Commercial Motor Vehicle Disqualification, it is hereby ORDERED AND DECREED that tl18 Commonwealt.h of PE'nnsylvania Department of Transportation is ordered t.o rescind its Notice of Disqualification. In the alternative, it is hereby ORDERED AND J)ECREr~D that a hearing on the license suspension is scheduled for the day of , 200_ at o'clock _.m. BY TI-IE COURT: J. Distribu bon: Jerry J. Russo, Esquire P A Department of Transportation, Office of Chief Counsel , ,:: n r: ~, '. ') T 'J.' ^' I 1\ '~"1/. 1I ',~;u'j rJI{ 23 PN 2: S4 GOLDBERG KATZMAN. P.c. Jerry J. Russo - #55717 Attorneys for Defendant -..~ e' i.... . ~ ~ J f', ""( , 320 Market Street Post Office Box 12G8 Harrisburg, Pennsylvania 17108.1268 (717) 234-4161 C0MJ.\.10NWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA vs. ~ No.8cx:)~ l\J ~ \l.\--=\ LS LLOYD A. PEFFER, Appellant APPEAL OF COMMERCIAL MOTOR VEHICLE DISOUALlFICATION AND NOW, this ~8rd day of November, ~004, eomes the Appldlant, Lloycl A. Peffer, by and through his attorney Jerry ,J. RUBso and Coldberg Katzman, P.C. and files an appeal to the Commonwealth's Notice of Commercial Motor Vehicle DisqualiJ"ieation and avers as follows: 1. The above-captioned Appellant currently holds a valid Pennsylvania driver's license. The license number of 15491706. 2. On or about November a, 2004, the above-captioned ^ppellant received Notice of a Commercial Motor Vehicle Disqualification to begin and be ef'f(~ctive December 8, 2004. See Notice of Disqualification attached hereto, made a part hereof and marked as Exhibit "A". 3. Appellant was notified that the sllspension resulted from a conviction which occurred on October 26, 2004, for a violation of Section 3309 of tJw Motor Vehicle Code. 4. I t is believed and therefore averrr3d that the suspension is not proper and that the Appellant should maintain his privileges t.o drive a eommercial motor vehicle. 5. Further, Appellant has riled an appeal from the lludnrlying conviction. WHEREFORE, Appellant respectfully requests this Honorable Court order the Commonwealth of Pennsylvania Department of Transportation t.o restore the Appellant's commercial driving privileges and rescind their Notice of Disqualirication dated November 3, 2004 or, in the alternative, order a hearing in the above-captioned matter. Respectfully sub mi Ue (l, By Date: i\ 1,1/,4- 320 Market Strc~eL P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Att.orney for Appnllant 11/18/2004 15:12 FAX 7174329637 ~03 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licens1ng Harrisburg, PA 17123 NOVEMBER 03, 2004 LLOVD A PEFFER 40 LONG LANE ROAD NEWYILLE PA 17241 WID. D43Dl'2~3316340 001 PROCESSING DATE 10/27/2004 DRIYER LICENSE. lS49110b DATE OF BIRTH 02/21/1'5D . ! Dear- Motorist~ As a result of your conviction on 10/2'/2D04 of violat- ing Section 3309 of the Vehicle Code, n~IV ON ROAD L~NE FO~ TRF on 08/17/2004 , YDur privilege to drive a cOlltlllercial motor vehicle is being disqualified flJr III perioel of 60 DAV(S) as mandated by Section 1611G of the Vehicle Code. The effective date o~ disqualification 19 12'08/200ti, 12:01 a.m. In order to co.pl~ with this sanction you are required to return any current driver's license, learner's perMit and/or temporarY driverls license (camera card) in you~ possession no later than the effective date listEid. If yOU cannot co_ply with the requirements stated above, you are ~equired to submit a Dll'LC Form or a sworn affidavit stating that yOU are aware Qf the sanction against your driving Privi- lege. Failure to cOIIPly with this notice shall result in this Bureau referring this matter to the PennsYlvania State Police for prosecution under SECTION 1571Ca)(4) of the Ve- hicle Code. I AlthOllgh the law mandates that Your driving pr-ivilege is under suspension even if YOU do not surrender your license, Credit: will not begin until all curre"lt dr-1ver's license productcs), the DL16LC Form, or a letter aCknowledging your sanction is received in this 5ureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND VOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Please see the enclosed application for restoration fee in- forllation. 11/18/2004 15:12 FAX 7174329637 l4I04 043019283316340 While your com~ercial driving priyilege is disqualified, the Vehicle Code permits a dr-iver to obtilin a noncclmllercial Class C or H 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 noncommer- cial Class C or M licenser you are still prohibited from operating a commercial motor vehicle. If You do so, yOU are I sUbiect to additionml penalties, including possible lifetime disqualification of Your commercial dri~ing privilege. You have the right to apPeal the Department's action to the Court of Common Pleas (Civil Division) within 3D days of the mail date (NOVEMBER 03, 2004) of this notice. V'ou must still send in your license before th'l effective date of disqualification unless YOU appear in p~~son before a Judge and receive an order permitting you to continue to driYe. PLEASE NOTE that this Civil Appeal is in addition to anY appeal YOU have to file from the crimin~l conviction. AFTER THE APPEAL HAS BEEN FILED IN "HE COUNTY C:OURT, A TIME-STAMPED CERTIFIED COpy OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRAI/'tSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR1 RIVERFRONT OFFIICE CENTER HARRISBURG I PA. 17104 SincerelV, ~~.~ Rebecca L. Bickley, Director Bureau of Driyer 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 TDO IN STATE TDO OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-8DO-228-0'76 717-391-6191 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront OtIice Cent.er Harrisburg, PA 17104-251G GOLDBERG KATZMAN, P.C. By: ,Jerry ,J. Rl ",so, <'squire' 820 Market Street. P.O. Box 12G8 Harrisburg, PA 17108- 12GB (717) 284-41 G 1 Attorneys for Appellant. Date: II/ "} 116131.1 1.;} 04 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: Pennsylvania Department of Transpo]'tation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 GOLDBERG KATZMAN, P.C. By: Jerry J. Ru 320 Market treet P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner Date: Id 116573.1 ~ 1 - tJf GOLDBERG KATZMAN, P.e. Jerry J. Russo - #55717 Attomeys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 04-6360 Civil Term LLOYD A. PEFFER Defendant ORDER AND NOW, this fi day 0 , 2005, upon consideration of Petitioner's request for to continue the hearing scheduled for onday, March 28, 2005 at 1:30 p.m. on Petitioner's Appeal from Commercial Motor Vehicle Disqualification, until after the underlying matter in Mifflin County can be disposed of, it JIS hereby ORDERED and DECREED that the hearing scheduled for Monday, March 28, 2005 is rescheduled to April 4, 2005 at 1:30 p.m. BY THE c'OURT: ~ Distribution: Jerry J. Russo, Esquire George Kabusk, Esquire, PA Department of Transportation 117795.1 /~ ~L /..zI.O../ 9<--. :1 """r: , ..... J~, COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Y, PENNSYLVANIA V. LLOYD A. PEFFER 04-6360 CIVIL TERM AND NOW, this ORDER OF COURT tA~ day of April, 2005, upon greement of counsel, the hearing on the within appeal from a commercial mot r vehicle disqualification scheduled for this date is continued and reschedul d for Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvani ,at 1 :45 p.m., Monday, June 6, 2005. By)tle" Court, \. George Kabusk, Esquire For the Department of Tra sportation :sal C!~'1~L 4- 1. o~ }lr Jerry J. Russo, Esquire For Defendant ~ rJD :1 '1-- ~J:n;, COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. LLOYD A. PEFFER Defendant : 04-6360 CIVIL TERM PRAECIPE TO WITHDRAW APPEAL AND NOW this 24'" day of May, 2005, based upon receipt of the corrected record from PennDOT, the appeal from a commercial motor vehicle disqualification, at the above docket, should be withdrawn. GOLDBERG KATZMAN, P.c. By: Jerry J. Russ Esq' e Attorney LD. o. 55 17 320 Market Street P. O. Box 1268 Harrisburg, PA 17101 (717) 234-4161 n (_..:.. -n ~.:;:i [-il 1',) -..! C) <-~,:: -