The URL can be used to link to this page

Home My WebLink About06-6091FRANK C. STRAUCH, JR., Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 41e -- l:.r??Lz -y COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Frank C. Strauch, Jr., hereinafter Petitioner, by and through his attorneys, Mahcke, Wagner & Spreha, who respectfully represent: 1. The Petitioner, Frank C. Strauch, Jr. is an adult individual residing at 26 Rife Drive, Mechanicsburg, 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 October 2, 2006, the Petitioner received an Official Notice of Suspension from the Department of Transportation, indicating that his license was going to be suspended for a period of 15 days as a result of a conviction for 75 Pa.C.S.A. §3362, exceeding maximum speed, which, pursuant to 75 Pa.C.S.A. §1535(e) results in a mandatory suspension for occurring in a work zone. (See Exhibit A) 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying summary offense; b. Petitioner has a summary appeal filed before the Lancaster County Court of Common Pleas for the underlying offense. WHEREFORE, Petitioner respectfully requests this Honorable Court to hold a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA Dated: October 10, 2006 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 02, 2006 FRANK C STRAUCH JR WID # 062689283916450 001 26 RIFE DR PROCESSING DATE 09/25/2006 DRIVER LICENSE # 15588098 MECHANICSBURG PA 17050 DATE OF BIRTH 05/19/1952 Dear MR. STRAUCH: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1535E of the Pennsylvania Vehicle Code. Section 1535E imposes a mandatory suspension for certain violations that occur in a Work Zone. As a result of your 09/18/2006 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on 09/12/2006: ¦ Your driving privilege is SUSPENDED for a period of 15 days effective 11/06/2006 at 12:01 a.m. ¦ PennDOT is required by law to assign 03 points to your driving record. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 11/06/2006. You may surrender these items before, 11/06/2006, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. Q EXHIBIT W J Q r y J J Q 062689283916450 You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of Your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 062689283916450 PROVIDING PROOF OF INSURANCE You must provide proof of insurance to PENNDOT to be registeredf inheyour following restored. Please ?or°V Vehiclescopy are show that all mo insured. *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. Important: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 02, 2006, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/06/2006. 062689283916450 Sincerely, 9?w ?-- - Z w, Odt,') Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8.00 a.m. to 6:00 p•m• 1_g00-228-0676 IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.-.us 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 4904, relating to unswom falsification to authorities. Date v l V a Q Z) -f-- --4- C'3 C- c C? CT Q (D '!7 ?i m ?1 4 OZ) -l OCT 2 4 Y0 lr-*, FRANK C. STRAUCH, JR., IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (21 U COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this day of oG?tazlt , 2006, upon consideration of the within Petition, 7 it is hereby ordered and decreed that a hearing be held on the ? day of , 200,x, at Ili o'clock in Courtroom Y Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court: Distribution: ,,f?dward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 /Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`d Floor, Harrisburg, PA 17104-2516 9S :C Ill SZ 1130 9001 ?lu"a G :?' 20 FRANK C. STRAUCH, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06.6992 CIVIL COM. OF PENNSYLVANIA, 6011 DEPT. OF TRANSPORTATION BUREAU OF LICENSING ORDER AND NOW, this 5 day of February, 2007, hearing on the above-captioned matter set for January 25, 2007, is continued to Friday, February 23, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Award Spreha, Esquire For the Appellant /eorge Kabusk, Esquire For PennDOT Am ?: +t 1 LO '01 U'V 9- 933 t OZ 3Hi Jai FRANK C. STRAUCH, JR., Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6091 CIVIL TERM PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN By Edwar eha, Jr., Esquire Attorne .D. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: 9-, 1. 0 q O :?a + -- , n -V