The URL can be used to link to this page

Home My WebLink About13-3688 Supreme Court of Pennsylvania Court'o Comoro_ n Pleas ` ` For Prothonotary Use Only: Civil=Cover.Sheet .;, s�'- Docket No: Cumberland °! County The information collected on this form is rived solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by I",or roles of court. Commencement of Action: S ❑Complaint ❑Writ of Summons ® Petition [] Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Daniel C. Hanawalt Commonwealth of Pennsylvania I ❑ Check here if you are a Self-Represented (Pro Se)Litigant O Name of Plaintiff/Appellant's Attorney: Edward F.Spreha,Jr. N Dollar Amount Requested: within arbitration limits Are money damages requested?: []Yes 17 No (Check one) outside arbitration limits A Is this a Class Adion Suit? ❑ Yes H No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRLV"YCASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ® Dept.of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability(does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ,r Judicial Appeals ❑ MDJ-Landlord/Tenant ❑ MDJ-Money Judgment O MASS TORT ❑ � ❑ Other: ❑Asbestos N ❑ Tobacco Tonic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other. ❑Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑Partition ❑ Quo Warranto ❑Dental ❑ Quiet Title ❑ Replevin ❑Legal ❑Medical ❑ Other: ❑ Other: ❑ Other Professional: PaRC.P.205.5 212010 ICE P R 0 T H 0 N 2013 JUN 26 Phi 12: 56 CUMBERLAND COUNTY PENNSYLVANIA DANIEL C. HANAWALT, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. �3 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Daniel C. Hanawalt, hereinafter Petitioner, by and through his attorneys, Wagner& Spreha, who respectfully represent: 1. The Petitioner is an adult individual residing at 110 E. Columbia Road, Enola, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about May 28, 2013, the petitioner received an official notice of suspension indicating that his license would be suspended for a period of 60 days as a result of his failure to attend a departmental hearing pursuant to §1538 of the Vehicle Code. (See Exhibit A) 4. The petitioner believes such suspension is unjust, illegal and improper. WHEREFORE, the petitioner respectfully requests this Court schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, WAGNER & SPR;EI U65 r Esq. Attorney ID N Attorney for etitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated:�Q t COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg , PA 17123 MAY 28 , 2013 DANIEL CHARLES HANAWALT WID # 131416580732043 002 110 E COLUMBIA RD PROCESSING DATE 05/21/2013 DRIVER LICENSE # 29399808 ENOLA PA 17025 DATE OF BIRTH 06/30/1990 Dear Motorist : Due to your failure to attend a departmental hearing , a sanction of 60 DAY(S) is imposed as mandated by Section 1538 of the Vehicle Code . In order to comply with this sanction you are required to return any current driver 's license, learner's permit and/or temporary driver 's license (camera card) in your possession no later than the effective date listed . If you cannot comply with the requirements stated above , you are required to submit a DL16LC Form or a sworn affidavit stating that YOU are aware of the sanction against your driving privilege . Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a) (4) of the Vehicle Code . Although the law mandates that your driv'ing privilege is 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 acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE , YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION . The effective date of suspension is 07/02/2013, 12: 01 a.m. Please see the enclosed application for restoration fee information . EXHIBIT A- i I 131416580732043 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , MAY 28, 2013 , of this letter . If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal . In order for your appeal to be valid , you must send this time-stamped certified copy of the appeal by certified mail to : Pennsylvania Department of Transportation Office of Chief Counsel Third Floor , Riverfront Office Center Harrisburg , PA 17104-2516 Sincerely, 9�tk�- - - Z g �."V Janet L . Dolan , Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0 : INFORMATION (8 : 00 AM TO 5 : 00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P . O . Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 { { VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4944, relating to unswom falsification to authorities. —A Date JV CERTIFICATE OF SERVICE 1, Jennifer L Buchter, secretary of the lawfirm of WAGNER&SPREHA,do hereby certify that I have served a copy of the foregoing document to the following persons by U.S. First Class Mail the same and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 S. Front Street Harrisburg, PA 17104 fA 7 IA-1 l.nnifer Qkchter agner & Spreha 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorneys for Petitioner Dated: F! 01,F T.9 E rPR0T�9NCI 7313 JUL -1 PM 4: 04 'UMBERLANO (,'O€3NTY PENNSYLVANIA DANIEL C. HANAWALT, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this-Z,2t day of , 2013, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the o,1/7 day of 2013, at �3o o'clock in Courtroom -5- , Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Appellant's attorney at least sixty days prior to the date of the hearing. By the Court: J. Distribution: Court Administration Prothonotary ,,-,Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 ,.dsennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`d Floor, Harrisburg, PA 17104-2516 {2T, .6L t'-es M--a • DANIEL C. HANAWALT, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND : CUMBERLAND COUNTY v. . • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-3688 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : DRIVER LICENSE Respondent : SUSPENSION APPEAL ORDER AND NOW, this 2nd day of October, 2013, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this • appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of >.. — , 2013, at _.m., in Courtroom cz:' a Room No. of the Cumberland County Courthouse, ,A IL:6 Q Carlisle, Pennsylvania. -- ° 7 f,(>;; BY THE COURT: F-• cC C,AA-;,(t/ t J. Attest: Edw rd F. Spreha, Jr., Esq., 2233 North Front Street, Harrisburg, PA 17110 ca Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Cap t.f..S' nab.1'L /0/%2//3 .. .rr)