The URL can be used to link to this page

Home My WebLink About95-01576 ct L1j ~ E. d tII 7 -e .~ -' . ~ '- ~ J I , i i I j j rRO"' "AHeKE WAOHER HERSHEY FAK' ZSHOOO Jul-Z4-9S "on 89.50 PAOE' OS , .... -~ i , J. 1. LAIRD, JR., Petitioner I I I I . . IN THE COURT OF COMMON PLEAS CUHBERLANDCOUNTY, PENNSYLVANIA NO. 95-1576 CIVIL TERM LICENSE SUSPENSION APPmAL v. COKKONWEALTH OF PBNNSYINANIA, : DEPARTMENT OF TRANSPORTATION, : Respondent ORDER OF COURT AND NOW, this L~1~ day of July, 1995, upon stipulation of the parties, the licon.e suspension appeal i. now moot and Petitioner's driving record needs to be corrected administratively. The Court enters the following Order: The license suspension appeal of J. Ira Laird, Jr. is hereby dismissed and the case is remanded to the Department of Transportation for a correction of Petitioner's driving record consistent Judge Bayley's Order on the underlying summary conviction docketed at No. 95-0606 Criminal Term, signed June 13, 1995. BY THE CQURT: Jr. cc: ~Iatthew X. Haeckler, Esq. Attorney for Commonw\!alth C~-~;''\L.' (h\,..t..LIJt,.l ri/ ~~ /'1S .\ . {'. David E. Hershey, Esq. Attorney for Petitioner .- " .. J. I. LAIRD, JR., Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 95-1576 CIVIL TERM ORDER OF COURT AND NOW, thisJ\~t day of March, 1995, upon petition of J. I. Laird, Jr., a hearing is set on the License Suspension Appeal for Wednesday, July 26, 1995, at 9:30 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. If Petitioner wishes to rely upon any reason in support of the appeal in addition to that encompassed by paragraph 4(a) of the Petition at the hearing, he shall file a supplemental document specifically setting forth the reason within 20 days of the date of this Order. BY THE COURT, I f J. je-Sley Oler . , J. \' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q.:f - / j' lfr; (} A--t-L\.L_ .J L-L-IY'-- I' I a. I. LAIRD, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL . . ORDER OF COURT AND NOW, this day of March, 1995 upon Petition of J.I. Laird, Jr., a hearing is set on the License Suspension Appeal for the day of , 1995, at o'clock .m. in Courtroom Number , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BY THE COURT: J. 4. The suspension as proposed by the Department in Exhibit "A" is illegal, invalid and improper for some or all of the following reasons: (a) A Petition to Re-open Summary Conviction Nunc Pro Tunc for the underlying violation is currently pending in Cumberland County Court and is unopposed by the District Attorney; (b) The suspension is otherwise illegal and invalid pursuant to statutory and case law. WHEREFORE, Petitioner respectfully requests that this Court ~nter a supersedeas pursuant to Section 1550 of the Vehicle Code and prohibit the Department from initiating the suspension of his driving privileges as outlined in Exhibit "A" until such time as there can be a final determination at a hearing in the above- captioned matter. Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Date: By ~'4 . Da~ E. Hershey, Esquire MANCKE WAGNER HERSHEY & TULLY 1.0. #43092 2233 North Front Street Harrisburg, PA 17110 ("117) 234-7051 -2- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Liconsing Harrisburg, PA 17123 MARCH 08, 1995 J IRA LAIRD JR llD6 A-5 YVERDON DR 950609283039337 001 03/01/1995 07139539 06/12/1932 CAMP HILL PA 17011 Dear Motorist: As a result of your conviction on 02/08/1995 of violating Section 3743 of the Vehicle Code, LEAVING SCENE OF ACCIDENT on 12/02/1994, your driving privilege is being SUSPENDED for a period of 6 MONTHCS) as mandated by Section 1532B 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 Ccamera card) in your pos- session 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 letter acknowledging the sanction of 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 1571Ca)C4) of the Vehicle Code. Credit will not begin until all current driver's license productCs), the DL16LC Form, or a letter acknowledging your sanctluJ. Is r'~c~iveJ in this Curaau. When the department receives your license or acknowl- edgement, it will send you a receipt. If you do not receive this receipt wi thin 15 days contact the department imme- diatelY. Otherwise, you may not be given credit toward serv- ing this sanction. Effective Date of Suspension: 04/12/1995, 12:01 a.m. Please see the enclosed application for restoration fee information. You will be notified of any outstanding restoration re- quirements approximatelY 3D days before the eligibility date of the restoration of your driving privilege. You must fol- . EXHIBIT "A" ..n en c; ...J < v-.. \:J'0 \ ~ ~ \~ ff0: ~ r--- ..:::r " ~ .L ~: . ~ ~ I.:,... .... ::c C- ~ N M HI,_ ,~ ..; (.~ < '6" .~, , ... ;~ .i, " ~ "" ~. = (V -- -- -- ~ . -4... '"'\ ~~\~ , ;;.-. ~ WE DO HEAEBY CERTIFV THAT THE WITHIN IS A TRUE AND COR. AECT COPY OF THE ORIDINAl AlEC IN THiS ACTION BV lAW n....cI<, MANCKE. WAGNER. HERSHEY & TUllY A"OAHEY MAR :J 0 iggS I' Ii)- W..J "0 Z ..J . ~ ::J ~ ~ CJ I- Iii" S~~~~ ~ui~~~ ~~J:~lll u Ul ~ it Za:~~ <{w~x ~J: ~"11ilHlNi, ;.;0,;;..(, '<.' hf ... 'llliIIl"'" II'."SOoIU 'n ...t :'~~Pwr""" IMl 0_.. "'0" IllilVlCt HIlAlOf'(..... Jlo(jQ"'I'" WA'ltf"n..oao.....', '-"4, .~ ~---------hf()iij,.jf,-