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Home My WebLink About06-2873 SCOTT GABEL, Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 0 (,,' ~'8'13 Civil Term : Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM LICENSE SUSPENSION AND NOW comes the petitioner, Scott Gabel, by and through his counsel, R Mark Thomas, Esquire, and files this Petition of an Appeal from the Notice of License Suspension which he received from the Commonwealth of Pennsylvania and in support thereof respectfully represents: 1. Scott Gabel is an adult individual who resides at 102 South Frederick Street, Apartment B, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Commonwealth of Pennsylvania Department of Transportation has its principal office located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 26, 2004, your petitioner was issued two (2) citations in the City of Harrisburg, Dauphin County and was charged with a Red Light Violation and Driving Under Suspension, 1543(a). 4. On April 28, 2006, your petitioner appeared before District Justice Pianka in District Court 12-1-02 and entered a plea of guilty to both citations by paying the fines and costs. 5. Your petitioner chose to pay the fines and costs because he had been advised that upon payment of the fines and costs, his driver's license, which had previously been under suspension would be reinstated on May 13, 2006. 6. By letter dated May 8, 2006, your petitioner was advised that as a result of his payment of the fines and costs on Apri128, 2006, his license was being suspended for a period of fifteen (15) days as a result of the Red Light Violation and in addition was being suspended for a period of one (I) year as a result of Driving Under Suspension conviction. (A copy of these notices are attached hereto as Petitioner's Exhibit "A".) 7. These suspensions were to commence on May 13, 2006. 8. Your petitioner does have a defense as to the two (2) citations which were issued and would have exercised his right to a hearing had he known that additional suspensions would be imposed ifhe merely paid the fines and costs. 9. The suspensions imposed by the Court were effective May 13, 2006, the date on which petitioner anticipated the return of his previously suspended driver's license. 10. Petitioner prays that this Court will stay the suspensions effective May 13, 2006, until such time as he has an opportunity to be heard on his summary appeal of the convictions and the subsequent hearing on the appeal of his license suspension. WHEREFORE, petitioner prays that this Honorable Court will sign the attached Order which schedules a hearing and stays the suspension which was effective May 13, 2006, until such time as this appeal has been heard by the Court. Respectfully submitted, ~ Attorney for Appellant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ill# 41301 VERIFICATION J verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief, r understand that false statements herein are made subjecllo the penalties of 18 Pa, C,S, 94904, relating to unsworn falsification to authorities, Date:5-/Cf0~ C:;~G~ COMMoNWEALTH OF ~ENNSYLVANIA bE~ARtMENT OF tRANS~ORTATION bureau of briver Licensing Mail Datel MAY 08. 2006 SCOTT GABEL t02 FREDERICK ST. MECHANICSBURG PA 17055 WID t Ob121~28358b753 DOt PROCESSING DATE 05/Dt/200b DRIVER LICENSE t 18335661 DATE OF BIRTH 10/28/1~58 LICENSE IN BUREAU Dear MR. GAbELI This is an Official Notice of the SUs~ens1oh of your Driving ~rivilege as authdri2ed bY Section 1543 of the PennsYlvania Vehicle Code. As a resUlt of YOUI' 04/28/2006 conviction of violating Section 154~A of the Vehicle Code DRIVING WHILE SUSP/REVOkE on 10/26/2004: · Your dH.vinll privilege is SUSFlENb~D fol" a ~eriod of 1 Y~A~t$) e~fective ~5/l3/2006 at 12l0l a.~. This SUspension is in addition to any other suspensions al- readY on YOUr record. PROVIbiNG ~ROOF OF iNSURANCE Within the last !o daYs Of yoUr suspension/revocation. we wi1l send yoU_ a idleLa.s.kil19_tJult_YDU_Pl'ovide..proofHof. in------------. --------sllrant.-;t. that Hllte; This letter will list acceptable ddcuments and what will be needed if YOU do not own a vehicle registered in ~ennsY1Vania. IMFlOkfANtl PleaSe make sure that PennDOT is notified if YOU move from YOUr cUrrent address. You may notifY PennDOT of YoUr address c:hange by calling any -of the phone numbers listed at the end of this letter. fj.;~\b;+ lj1lt 116121l)28~!;8li7!;3 AI>I>EAL VllU haVI! the right to appeal this action to the Court of Collllllllh I>leas (Civil Division) within 30 days of the mail date, HAV 08. 2006. ll~ this letter. It YOU tile an a~~eal in the County tou~tj the court Will give you a time-stamped ci!ll"tified coPY ot the a~j)ea1. In order for yoUI' appeal to be valid, YOU .ust send this time~stamped certified COpy of the appeal by certified mail tOI l>ehhSylvania Department of Transportation Office of Chief Counsel Third Flollr. Riverfront Office Center Harrisburg, pA 17104-2516 Remember, this is an O~~ICIAL NOTICE OF SUSPENSION. SincerelY, l:J,.e~ Janet L. D.olan. Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOI Departlllent of Transportatioh ~Ureau of Driver Licensing P.O. Box 6869~ HarrisbUrg. I>A 1710li-8693 INFORMATION (8100 IN STATE OUT-OF-STATE TDD IN STATE TDb OUT-OF-STATE AM TO 6:00 pH> 1-800-932-4600 711-412-!;300 1-800-228-061li 711-412-5~80 COMMONWEALTH OF PENNSVLVANIA DEPARTMENT O~ TRANSPORTATION BUreau of Driver Licensing Mail Datel HAV 08/ 2006 scotT GASEL 102 FREDERICK st. HtCHANtCSBUR~ PA 17055 WID. 061219283587573 001 PRoCESSING DATE OS/01/2006 DRIVER LICENSE. 18335667 DATE OF BIRTH 10/28/1958 LICENSE IN BUREAU OUr HR. GAIlELI fhis is an official Notice ~f the Suspension of YOUr Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 04/28/2006 conviction of violating SecHan 31U!A3I of the Vehicle Code. RED LIGHT VIOLAfION, an 10/26/20041 . YoUr drivinll ~rivilege is SUSPENbED fo~ a pe~iOd of 15 bAV(S) effective 05/13/2001 at 12:01 a.m. Instead of assigning points to your driver's license record. Section 1~44 of the Vehicle Code requires PennDOT to extend anY existing suspension 5 days for each point that would have been assigned to YOUr driver's license record. There- fore, PennDOT is assigning this additional 15 DAVIS) sus- pension to YOUr current suSpension. This suspensioh is in addition to any other suspensions al- ready on Your record. APPEAL Vou have the right to appeal this action to the Court of COlllllllln Pleas (Civil Division) within 30 daYs IIf the 1118i1 date, HAV os. 2006, of this letter. If YOU file an appeal in the county Court, the Cou~t will give yoU a time-stamped ce~tified COpy of the appeal. In Order far YOUr appeal to be valid, You must send this time-stalllped certified coPY of the appeal by certified IIIail tOl Pennsylvania Department of Transportation Office af Chief counsel Third ~lbOrl Riverfront Office Center Harrisburlll PA 17104-2516 ~elllelllberl this is an OFFICIAL NOTICE OF SUSPENSION. 061219283587573 Sincerely, iJ,.e~ Janet L. Dolan. Director Bureau of Driver Licensing INFORMATION 8100 a.m. to 6100 D.m. IN sTAtE 1-800-932-4600 TOO IN STATE 1-800-228-0676 oUT-OF-STATE 717-412-5300 TOO OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.Da.us CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document by certified mail, return receipt requested, on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: May jfj , 2006 ~J~ R. Mark Thomas, Esq. , ~' ~~ ~ ~ ~ ~ ~ 11 ~ \. ~ \. ~ \~ n r,i , , ,..., ~ g:; ~ :J:)'>.!o -< o -n -l :r: n1:JJ -ohl :rJO (.'") .L "-J.C) ......,.-r. ('-):0 ,_';..C) (~~5m :;-i :D -< u::> -0 :JI;: ~ U1 "" SCOTt GABEL, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. (){p - J..B?3 Civil Term COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : Appeal From Suspension of Driver's License ORDER AND NOW, this I 9 0#- day of May, 2006, upon receipt of the appeal from license ,........;, "'...~ .~~__ ctr suspension, a hearing will be scheduled by Court order, however, pending the hearing to be A scheduled, the petitioner's license suspension effective May 13, 2006, by notice dated May 8, 2006, is stayed and this order shall act as a supersedeas of that license suspension pending the outcome of this appeal, provided Petitioner makes arrangements for the restoration of his previously suspended driver's license. By the Court, cc: Legal Office, Department of Transport tion ~Mark Thomas, Esquire Appellant !'- 4J o~ cPt-/ HLco- OFp'C't: O/:' 'THE:. PR.oTHO/.JO~k2. Y Mal{ 19, 6( ~oto bfIf> el..u'nbel'la-'lr>! L~u,,~ (J,4 " ~ I MAY 1 9 200f1 SCOTT GABEL, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. tJ~.;)8?3 Civil Term : Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYL V ANlA DEPARTMENT OF TRANSPORTATION, Respondent ORDER AND NOW, this ~Ild day of May, 2006, upon receipt of the appeal from license suspension, a hearing is scheduled for the dnJ. day of Oitf.tuo-t, 2006, at 9 ~ :3 6 f o'clock, a.mJp.m. in Courtroom No. L. Pending the above-scheduled hearing, the petitioner's license suspension effective May 13, 2006, by notice dated May 8, 2006, is stayed and this order shall act as a supersede as of that license suspension pending the outcome of this appeal, provided Petitioner makes arrangements for the restoration of his previously suspended driver's license. By the Court, cc: ~gal Office, Department of Transport a 'on ~ Mark Thomas, Esquire Appellant 4;0/ \p ,,~D 6:Y o ViNW\lA'J'iNJd II Nn(,'" '-',,^,\-,wll" i\J.. FF,,",' ";-'::'rl V OZ:IHI~ tZ^VI~900l AlNlONCHlOUd 3Hl :10 381~~()"'1J31I:l . SCOTI GABEL, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2873 Civil Term : Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent MOTION FOR CONTINUANCE AND NOW comes the Petitioner, Scott Gabel, by and through his counsel, R. Mark Thomas, Esquire, and files this Motion for Continuance of the hearing on Petitioner's appeal from license suspension, and in support thereof respectfully represents: 1. On April 28, 2006, Petitioner appeared before District Justice Pianka in Dauphin County and entered a plea of guilty to two (2) citations, one of which was a citation for Driving Under Suspension and the other a Red Light Violation, 2. On May 8,2006, Petitioner received notice that his driver's license was going to be suspended as a result of the two (2) guilty pleas which he entered on April 28, 2006. 3. On May 19, 2006, Petitioner filed an appeal of these license suspensions in the Court of Common Pleas of Cumberland County, Pennsylvania, his county of residence, 4. By Order dated May 22, 2006, this Court scheduled a hearing on the appeal of the license suspension and said hearing was to be held on August 2, 2006. 5. Petitioner had previously filed a summary appeal for the underlying convictions which gave rise to the license suspension and was scheduled for a summary appeal trial on July 26, 2006, .. 6, The outcome of the summary appeal trial would have been dispositive of the license suspension appeal in Cumberland County. 7. Due to an overcrowded court calendar, the Dauphin County Court Administrator's Office continued the July 26,2006, summary appeal hearing until September 20, 2006. 8. Since the outcome of the appeal of the license suspension is dependent upon the outcome of the summary appeal convictions, Petitioner requests that the appeal of his license suspension be continued until after September 20, 2006, 9. Counsel for the Department of Transportation has no objection to this request for continuance, WHEREFORE, Petitioner prays that this Honorable Court will sign the attached Order which continues the license suspension appeal hearing scheduled for August 2, 2006, Respectfully submitted, ~~~ R. Mark Thomas, Esquire Attorney for Appellant 101 South Market Street Mechanicsburg, P A 17055 (717)796-2100 ID# 41301 . CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document by first class mail on the following by depositing a true and correct copy of the same in the V,S, Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 171 04-2516 Date: August 1, 2006 ~~ R. Mark Thomas, Esq. .' . r--..:> c:::.:::l ':'.~:::) () -"h ~f f -,- ~-~ t "'~'''''''I' 1 <i C) j;.--~ ~-~._j ~..L,l ...-.; SCOTT GABEL Appellant vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2873 CIVIL COMMONWEALTH OF PA DEPT. OF TRANSPORTATION BUREAU OF LICENSING AND NOW, this LICENSE SUSPENSION APPEAL ORDER '1 ~ day of August, 2006, at the request of counsel for the appellant and with the consent of counsel for PennDOT, hearing in the above captioned matter set for August 2,2006, is continued to Thursday, October 5, 2006, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. .h.. Mark Thomas, Esquire For the Appellant vd'eorge Kabusk, Esquire For PennDOT :rlm BY THE COURT, rr-J ~~v ~O CJ Vit'N^1J.SNN3c:I A.1.N1IOO (It.JIf1f:l3l3Vf\O S'l:1 Wd '1- SOW 900Z Al:I'I~~:l) , .'.-..../ 'i_ /; , SCOTT GABEL Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-2873 CIVIL COMMONWEAL TH OF P A DEPT. OF TRANSPORTATION BUREAU OF LICENSING LICENSE SUSPENSION APPEAL ORDER AND NOW, this (,,,. day of October, 2006, at the request of counsel for the appellant and with the consent of counsel for PennDOT, hearing in the above captioned matter set for October 5, 2006, is continued to Wednesday, November 22,2006, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, fti :rlm Uti'"""" , ,.;.' i :.~: !' tj () :8 HV 6 - J:m goal Ai::fi710\CH,Ccd 3H1 :JO ]:J:::L.i 0- C :Jlr:l . SCOTT GABEL, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2873 Civil Term : Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent PETITION TO WITHDRAW APPEAL AND NOW comes the Petitioner, Scott Gabel, by and through his counsel, R. Mark Thomas, Esquire, and files this Petition to Withdraw Appeal previously filed in this matter and respectfull y represents: 1. On May 8, 2006, the Department of Transportation notified Petitioner that his operating privilege was being suspended for a period of one (1) year, plus an additional period of fifteen (15) days as a result of his conviction of certain vehicle code violations. 2. On May 19, 2006, your Petitioner filed an appeal of the imposition of the suspension of operating privileges by 1he Department of Transportation. 3. A hearing on the Petitioner's appeal of his license suspensions is scheduled for November 22, 2006, at 11 :00 a.m. 4. The two underlying convictions which gave rise to the suspensions of Petitioner's operating privileges were appealed and the Petitioner was acquitted of those violations. 5, The Department of Transportation has notified Petitioner that the suspensions of operating privileges, which was the subject of this appeal, were rescinded and deleted by the Department of Transportation as a result of the Petitioner's acquittal on the underlying charges. ~ 6. To clear the record in this matter the Petitioner must withdraw his appeal of the license suspensions. WHEREFORE, Petitioner prays that this Honorable Court will grant this Petition to Withdraw Appeal.. Respectfully submitted, ~J~ R. Mark Thomas, Esquire Attorney for Appellant 101 South Market Street Mechanicsburg, P A 17055 (717)796-2100 ID# 41301 . CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document by certified mail, return receipt requested, on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 17104-2516 Date: November~, 2006 ~~~ :---, !~ [~:~ !"" :E:~ ~.J c:) [',) . . " NOV 2 2 2.~~Si'f' 1\ . .. SCOTT GABEL, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 06-2873 Civil Term : Appeal From Suspension of Driver's License COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent ORDER AND NOW, this ;30 v day of November, 2006, the Court being advised that Petitioner's license has been reinstated by the Department of Transportation and the grounds for the appeal of license suspension no longer being at issue, Petitioner's Petition to Withdraw Appeal is granted. By the Court, cc: ~ H. Kabusk, Assistant Counsel ~~EPARTMENT OF TRANSPORTATION ~, Mark Thomas, Esquire ~ ~ . . Ai \iiNV^1"SNN3d )JNnO~: ,Ot~~1~r;81Nn()' 00 ~'HIV Oc ^OH 9GOl AtN10NOruOod 3H1 :iO ~\:klo-C81I::f'