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HomeMy WebLinkAbout02-2805JOHN M. LICHTENBERGER, PETITIONER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT · 02-2805 CIVIL TERM · 02-2766 CIVIL TERM ORDER OF COURT AND NOW, this _~::~ day of July, 2002, upon agreement of counsel, the hearing currently scheduled for August 26, 2002, IS CANCELLED. The hearing is rescheduled for Monday, September 23, 2002, at 2:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The motor vehicle license suspension is stayed pending the disposition of this appeal· Gregory H. Knight, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation dgar B. Bayle~, .,jl~/ :saa HANFT & KNIGHT, P.C. ATTORNEYS & COUNSELLORS AT LAW July 30, 2002 WILLIAM A. ADDAMS MICHAEL J. HANFT GREGORY H. KNIGHT LINDSAY GINGRICH MACLAY* Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 John M. Lichtenberger v. Commonwealth of Pennsylvania~ Department o1' Transportation, Bureau of Driver Licensing No. 02-2805 Civil Temi Cumberland County Court of Common Pleas Our File No. 2732.1 Dear Judge Bayley: Attached are two original Orders for a rescheduling of the hearing from Monday, August 26, 2002 to Monday, September 23, 2002. The basis for this Order is that the hearing on the appeal of the summary conviction is scheduled for Tuesday, August 27, 2002. As stated in my Petition for Appeal of the License Suspension Actions, it is our expectation and hope that we will be successful in the hearing on August 27. Please call should you have any questions. Sincerely, HANFT & KNIGHT, P.C. Gregory H. Knight GHK/mmp Enclosure CC: John M. Lichtenberger George Kabusk, Esquire F:\U~r Foldet'~Finn Doc~\Genltr2002k2732. lj ~go.wpd 19 BROOKWOOD AVENUE SUITE 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW. HANFTLAWFIRM.COM JOHN M. LICHTENBERGER, Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA : V. : COMMONWEALTH OF PENNSYLVANIA: NO. 2002- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW PETITION FOR APPEAL OF LICENSE ACTION AND NOW, comes John M. Lichtenberger, Appellant, by and through his Counsel of Record, Gregory H. Knight, Esquire, to file a Petition for Appeal of License Action in support of which the following statements are made: 1. John M. Lichtenberger, is an adult male residing at 150 Pine Knob Road, Newville, Pennsylvania 17241. 2. On or about February 8, 2002, Mr. Lichtenberger was cited by an Officer of the North Middleton Township Police for a violation of 75 Pa. C.S. 3362 for which violation Mr. Lichtenberger was found guilty following a summary trial held in Magisterial District 09-2-01 on May 9, 2002. 3. By letter dated May 17, 2002, PENNDOT notified Mr. Lichtenberger that as a result of the May 9, 2002 conviction he was required, pursuant to 75 Pa. C.S. Section 1538(a), to take and pass a special written examination or his driver's license would be suspended. See Exhibit A. 4. On June 5, 2002, Mr. Lichtenberger filed a timely Notice of Appeal from the May 9, 2002 conviction which is docketed to No. 02-1223 CR, Cumberland County Court of Common Pleas. See Exhibit B. 5. On June 4, 2002, Counsel for Mr. Lichtenberger contacted the citing Officer who stated that he would consider a disposition on appeal by which the February 8, 2002 citation would be amended to state a non-point violation of the Vehicle Code. 6. Mr. Lichtenberger believes that he will prevail in the Notice of Appeal (see Exhibit B) he filed to his May 9, 2002 conviction. 7. Should Mr. Lichtenberger be successful in his appeal as stated in Paragraph 6, this Civil Action appeal will be moot and there will be no basis for the Department to require that he take and pass a special written examination. WHEREFORE, Mr. Lichtenberger respectfully requests that this Honorable Court immediately stay the license action noted in Exhibit A and all further proceedings on this appeal until a decision is reached on the Appeal from Summat~ Conviction noted in Exhibit B. Respectfully submitted, HANFT & KNIGHT, P.C. Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 17, 2002 JOHN M LICHTENBERG£R 150 PINE KNOB RD NEWVILLE PA 17241 021309283806649 001 05/10/2002 26704461 03/07/1984 Dear Motorist~ Because of your violation of Section 3362 of the Pennsylvania Vehicle Code on 02/08/2002, and conviction on 05/09/2002, 3 points have been assigned to your driving re- cord. This conviction brings the total number of points currently on your record to six or more. You are required to take and pass a special written examination within thirty (30) days of the mail date of this letter or your license will be suspended. No extensions will be granted. After passing the examination two (2) points will be removed from your re- cord, if you pass within the 30 days. If you do not pass the examination on your first try, you may take it again, but not on the same day. A more complete explanation of the exam- ination requirement plus a study guide is included in the Handbook which accompanies this letter. This examination may be taken by appointment only. To schedule your appointment, call the number below and identify yourself by name and driver's license number to the PennDOT operator who answers. PennDOT will schedule your examination time and location to be as convenient for you as possible. To be admitted to take the examination, you must sho~ this letter and your valid driver's license or other acceptable identification as described in the Handbook. If you show up at your examination location without these items, or at a different time than your appointment, 'you will not be admit- ted to take the examination. 02~$092858066~9 It is a violation of the Vehicle Code for you to appear at your special six-point examination and to show another person's license or someone else to appear showing your cerise. In either case, both you and the other person will be prosecuted by the Pennsylvania State Police. If your cerise is currently suspended, this letter does not authorize you to drive to or from your examination location. A Spanish language version of this letter and the Hand- book may be obtained by calling the number below. (Para obtener esta carta y el manual, en Espanol telefonee al numero indicado asia bajo de esta carta.) INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE Sincerely, Rebecca L. 8ickley, Director Bureau of Driver Licensing AM to 8:00 PM) 1-800-942-3926 717-391-6192 1-800-228-0676 717-391-~191 Name, ~d Address Of'Defendant: 1$0' P~ne Knob Road · llewv~,lLe, PA Signature IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND ~.; l Notice of Appeal from Summary Criminal Conviction Name and Address of District Justice: Zip 17241 Catlt,le: PA Zip 17013 Magisterial District No. 0g-2-01 Decision of District Justice: Date of Decision 5/9/02 Found guLZty of 75 Pa, ~3362 - exceeding maximum speed by IS a, pl~)ffense(s)Appealed Appaa~. L'toa sent;enos of fines ant1 cost Name and mailing address of officer as.shown on citation or complaint OffLOe~t Bg'¥an l¢oV~-t:t:y 20,51 .Sp~ing Road 'District JL Citation'. No. If sentence includes' fine and costs, amount of which paid: $130.00 Type or amount of bail fLimished to District Justice, if.any: N/A Name and Address of Attorney: (print name)- .(~JOl~ ~ ~t (a d~er~sle, eR Zip Phone(?l?) 249.,,5,J,73 ~Atty. I.D.# 30&2~ NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a m(~tor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of Lb~.~ppt~al for your use in requesting a delay Jn that suspens on , , ~ ~, ,.~.~ ~. ':, I hereby cemfy that an appeal had been filed In the a~<apbon~ ma~, WHITE - Clerk of Courts GREEN - Affiant's Coov YELLOW - DistriO lu~ice PINK'- District A~brnev GOLD - Defendant VERIFICATION I, John M. Lichtenberger, hereby verify that the facts set forth in the foregoing Petition for Appeal from License Action are tree and correct to the best of my knowledge, information and belief, and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. f ' Jol~n M. ~L~chtgnb~r~'r-~r Date: JOHN M. LICHTENBERGER, Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA Vo COMMONWEALTH OF PENNSYLVANIA: NO. 2002- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Petition for Appeal from License Action was sent to the following address below: Service by United States Mail, certified, return receipt requested, upon: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel ATTN: George Kabusk Third Floor, River Front Office Center Harrisburg, PA 17104 Date: Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 JOHN M. LICHTENBERGER, Appellant Vo COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2805 and NO. 2002- 2806 : : CIVIL ACTION - LAW ORDER OF COURT NOW, this t 04:~ day often, 2002, upon agreement of counsel, the AND hearing for the above-referenced appeals currently scheduled for September 23, 2002 at 2:30 p.m. in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania is cancelled. The heating is rescheduled for~Y[a~to~.~ , February 3 ,2003, at ]: '~ D o'clock in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The motor vehicle license actions that are the subject of the above referenced appeals are stayed pending the disposition of the appeals. ,~G-regory H. Knight, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation BY Edgar B. Bayley, J. JOHN M. LICHTENBERGER, Appellant Vo · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2002-2805 mad COMMONWEALTH OF PENNSYLVANIA: NO. 2002- 2806 DEPARTMENT OF TRANSPORTATION ' BUREAU OF DRIVER LICENSING, ' Appellee · CIVIL ACTION - LAW ORDER OF COURT. AND NOW, this ~aY of ~1~~03, upon agreement of counsel, the hearing for the above-referenced appeals currently scheduled for February 3, 2003 at 1:30 p.m. in CourtroomNo. 2, Cumberland County Courthouse, Carlisle, Pemlsylvaniais cancelled. The hearing is rescheduled to March 31,2003 at 3:30 p.m. in Courtroom No. 2:, Cumberland County Courthouse, Carlisle, Pennsylvania. The motor vehicle license actions that are the subject of the above referenced appeals are stayed pending the disposition of the appeals. Gregory H. Knight, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation BY THE Edgar B. Bayl~_~ HANFT KNIGHT, P.C. ATTORNEYS ~,~ COUNSELLORS AT LAW January 7, 2003 WILLIAM A. ADDAMS MICHAEL l- HANFT GREGORY ti. KNIGHT Honorable Edgar B. Bayley Attn: Sharon Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: ~f Peml~v~~lll~ Term Transportation, Bureau of Driver Licensing, Nos. 02-2805 and 02-2766 Civil Cumberland County Court of Common Pleas Our File No. 2732.1 Dear Judge Bayley: Attached are two copies of a proposed Order in the above-referenced appeals for the rescheduling of the hearing from Monday, February 3, 2003 at 1:30 p.m. to March 31,2003 at 3:30 p.m. The basis for this request to reschedule is the same as the previous requests I made, that is that the license appeal be heard after the hearing on the appeal of the summary conviction before Judge Guido. That hearing has now been scheduled for 2:30 p.m. on February 11, 2003. In accordance with the understanding reached with the Commonwealth last August, the final resolution of the appeal of the summary conviction will likely remove the legal basis for PENNDOT to have taken the two actions from which the above-referenced appeals were filed. I have discussed this request to reschedule with George Kabusk, Esquire, Counsel for the Department of Transportation and he does not oppose this request. Included herein are stamped envelopes addressed to Mr. Kabusk and me. Sincerely, HANFT & KNIGHT, P.C. Gregory H. Knight GHK/mmp Enclosures cc: George Kabusk, Esquire John Lichtenberger F:\UserFoldeBFirmOocs\Genltr2003,t2732.1jelogwp~ROOKWOOD AVENUE SUITE 106 CARLI5 LE, PA 17013-9142 717.249.5373 F^x 717.249.O457 WwW. HANFT[^WFIRM.COM