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HomeMy WebLinkAbout96-00585 I .~ ~i 0- .:i J -! cf LA- i [ ~ d ~ , .,J ~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1ll'" j'Jj- C-llt'L.L JL . . v. . . . . . . HOWARD A. GEHRKE : LICENSE SUSPENSION : APPEAL ORDER OF COURT ,,-riA- :ill AND NOW this .5 day of .flA(..I~, 1996, upon consideration of the within APPEAL OF OPERATORSl{ICENSE SUSPENSION, IT IS HEARBY ORDERED THAT, a hearing shall be .! . ,rl... I' matter at on the .J .'i day of ..: 1M, .( , f a.m. /(>.~'/ in Courtroom No. -3 of the ~., held regarding this , 1996, at ;;':'0 Cumberland County Courthouse, Carlisle, Pennsylvania. A suspersedeas is granted pursuant to Vehicle Code Section l550(b)(I) until such time that this honorable court resolves this appeal. BY THE COURT: ,") -,'I J. c"l':! ~ 1 'I ",l I.' Distribution: '.,' ::~ ,.1 -PA Dept. of Transportation, Office of Chief Counsel, ~pom"J~3, Transportation & Safety Building, Harrisburg, 1>~' 17.120:! -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, iPa ~011 e ""'r~"'<L "l,..... ...(~ ,l .:.1./5'1 'rID ' 1.~.'l')1 " ," ,. '''":'I ,~ ... " " J I '_':1, '.;' -::. ~, ~'- , COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. HOWARD A. GEHRKE LICENSE SUSPENSION APPEAL APPEAL OF LICBNSE SUSPENSION AND NOW comes the Appellant, Howard A. Gehrke, by and through his attorney, Patrick F. Lauer, Jr., and respectfully avers the following: 1. Appellant resides at P.O. Box 161, West Creek Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The Appellant received a notice dated January 10, 1996 that, as a result of conviction of violating Vehicle Code Section 3736, Reckless Driving, his driving privilege was being suspended for a period of six months, pursuant to Vehicle Code Section l532(b), effective suspension date February 14, 1996, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. On January 25 and 26, 1996, a representative of undersigned counsel contacted the Department of Transportation and was informed by two separate representatives in the legal department that an internal policy is in effect by which applications for delay in cases of Reckless Driving are denied regardless of the amount hardship to the person whose license is being suspended. I I I ,,,,--,, \ "':""" 4. Appellant applied for a delay pursuant to Section 1541(a) on January 26, 1996, in order to preserve standing to ahallenge said internal policy. A true and correct copy of said applioation is attached hereto as Exhibit "B". The denial of said appliaation will be attached as a supplement to this appeal as Exhibit "C" upon its receipt by undersigned counsel. 5. Appellant submits that it is an abuse of discretion under Section l54l(a) and a violation of Equal Protection to summarily deny all applications for delay without regard to the degree of hardship upon the person whose license is being suspended. WHEREFORE, Appellant prays this honorable court to grant a supersedeas until fair consideration has been afforded to Appellant by the Department of Transportation pursuant to Section 1541(a) of the Vehicle Code. Respectfully submitted, Date: I /7/ /1' , .?J j;..t...---- /..,} '- - Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 A'l'TORNBY VERIFICATION Undersigned counsel for Appellant, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for Howard A. Gehrke, Appellant. He is authorized to make this verification on his behalf; I i (" 2. j' 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully sUbmitted, Date: 1/<:' I." , J~-~~~ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ATTORNEY FOR APPELLANT I, . I I. " " I' " ( I t. CBRTIFICATE OF SBRVICB I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Room 103 Transportation & Safety Building Harrisburg, PA 17120 By: PL_~ F /l." Patrick F. Lauer, Jr., Esquire 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 46430 Tel. (717) 763-1800 Date: ,h,l'i, " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 10, 1996 HOIIIARD A GEHRKE PO BOX lbl illEST CREEK RD NEIIIBURG PA 17240 9b00392835387bl DOl 01/03/19% 17b14195 08/21/1945 Dear Motoristl As a result of your conviction on 12/19/1995 of violating Section 3736 of the Vehicle Code. RECKLESS DRIVING on 02/19/1995, your driving privilege is being SUSPENDED for a period of 6 MONTH(S) as mandated by Section 1532B of the Vehicle Code. In order to comply with this sanctiDn you are required to return any current driver's license. learner's permit and/Dr temporary driver's license (camera card) in YDur possessiDn nD later than the effective date listed. If YDU cannDt complY with the requirements stated abDve. YDU are required tD submit a DL16LC Form Dr a letter acknDwledging the sanctiDn of YDur driving privilege. Failure to cDmply with this nDtice shall result in this Bureau referring this matter to the Pennsylvania State PDlice fDr prosecutiDn under SECTION 1571(a)(4) of the Vehicle Code. · Although the law mandatps that your driving privilege is under suspensiDn even if YDU dD nDt surrender YDUr license. credit will nDt begin until all current driver's license prDduct(s). the DL16LC FDrm. Dr a letter acknowledging YDur sanctiDn is received in this Bureau. WHEN THE DEPARTMENT RECE IVES 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. Effective Date Df Suspension I 02/14/1996. 12101 a.m. Please see the enclDsed application fDr restoratiDn fee infDrmation. " .. - EXHIBIT A 960039283538761 SEND FE~/LIC~NSE/DL-16LC/TOI Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4 " SincerelY, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7100 AM TO 6130 PM> Pittsburgh Area - 412-565-5670 Philadelphia Area - 215-698-8100 Harrisburg Area - 717-787-3130 Toll Free 1- 800-932-4600 T.D.D. 1- 800-228-0676 , . THE LAW OFFICES OF PATlUCK F. LAUER, JR. 2108 MARKET STREET, AZTEC BUILDING CAMP HIL4 PENNSYLVANIA 17011 (717) 76.101800 FAX (717) 763-4247 1-800-822-4-LAW 8 S. Hanover Street CarIls1e, PA 17013 (717) 249-6971 48 S. Duke Street York, PA 17401 (717) 24IH790 A8s0c/ale CoWl8el Matthew J. Eshelman, Esq. Brian J. PuhaJa. Sr., Esq. (Reply to Camp Uill Address) 932 N. Second Street Harriablll'Jr. PA 17102 (717) 232-7747 416 N. High Street D1."""nnlJll, PA 17020 (717) 634-4646 January 26, 1996 Pennsylvania Department of Transportation Office of Chief Counsel Room 103, Transportation & Safety Building Harrisburg, PA 17120 Re: Howard A. Gehrke PA D.L. #392-835-3861 D.O.S. 8/21/45 Dear Sir/Madam: I have been retained by Mr. Gehrke to apply for a delay in the effective date of suspension of his driving privileges. I have enclosed a copy of the suspension notice dated January 10, 1996. According to that notice, Mr. Gehrke is to begin a six month period of suspension beginning on February 14, 1996. This letter constitutes a request for a delay in the commencement of the period of suspension for a period of six months pursuant to Vehicle Code Section 1541(a). A failure to grant this extension will result in undue hardship to Mr. Gehrke. Please consider the following information prior to making a final determination: (1 ) (2) (3) (4 ) (5) Mr. Gehrke is a commercial truck driver. His sole source of income is from driving his truck. Mr. Gehrke has not had sufficient time to make alternative arrangements either for his truck or his livelihood during his period of suspension. Mr. Gehrke pleaded guilty to Reckless Driving after being erroneously informed by his attorney that he would be eligible for an Occupation Limited License. Mr. Gehrke has a perfect driving record but for the present offense. The Commonwealth will not be prejudiced by a delay in the commencement of this suspension. " I " .. - EXHIBIT B page two 1/26/96 Please provide undersigned counsel with a written response of your decision. If an extension is not granted, please specify the reasons for denial. If you have any questions or require additional information, please contact Jeanne H. Bereznicki, Esquire, at my Camp Hill Office. Very truly yours, fJ ;=,--,/--, Patrick F. Lauer, Jr., Esquire PFL/jhb cc: Howard Gehrke file ... COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING : v. HOWARD A. GEHRKE, Appellant ~ ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-585 CIVIL TERM . . LICENSE SUSPENSION APPEAL I) ~ER OF CO AND NOW, this ~ day of consideration of APPELLANT'S . _' a.at.:. At the response to A days of the a . CONTINUANCE, , 1996, ~n i . r~ $ t J.S .m., in \..OUL L.&.uuJ.u If"",. , ennsy . ry J.on for delay within thirty (30) this BY THE COURT: J. Distribution: _ -PA Dept. of Transportation, Office of Chief Coun~el, Room 103, Transportation & Safety Building, Harrisburg, PA 17120 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill,Pa 17011 f ef n A, ..' .. , COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96-585 : CIVIL TERM . . HOWARD A. GEHRKE, Appellant : LICENSE SUSPENSION APPEAL APPBLLANT'S REOUEST FOR CONTINUANCB AND NOW comes the Appellant, Howard A. Gehrke, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully avers the following: 1. Appellant received a Notice dated January 10, 1996 that, as a result of his conviction for Reckless Driving, his driving privilege was being suspended for six months, effective February 14, 1996, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 2. On January 26, 1996, Appellant applied for a delay of suspension of operating privileges pursuant to 75 Pa.C.S.A. S1541(a). A true and correct copy of said application is attached hereto as Exhibit "B". 3. On February 2, 1996, an Appeal of License Suspension was filed with this Honorable Court. A true and correct copy of said Appeal is attached hereto as Exhibit "C". A, .. -' . 4. On February 5, 1996, the Honorable George B. Hoffer Ordered a hearing on the matter to take place on April 25, 1996. A true and correct copy of said Order is attached hereto as Exhibit "0". 5. In his Appeal of License Suspension, Appellant alleged that the Department of Transportation abused its discretion and violated Equal Protection by representing that it would summarily deny Appellant's application for delay without consideration of the degree of hardship which would result. 6. The Department has failed to respond to Appellant's application for delay. 7. Appellant intends to challenge the Department's internal policy because it is inconsistent with 75 Pa.C.S.A. S1541(a). However, the Department is attempting to avoid this Honorable Court's evaluation of its policy by refusing to provide a written, explanatory response to Appellant's application for delay. 8. This hearing has not previously been continued. 9. The Department will not prejudiced by a continuance of this hearing. .-.: ~) , . WHEREFORE, Appellant prays this Honorable Court to grant a continuance and to order the Department of Transportation to provide a written explanatory response to Appellant's application for delay. Respectfully submitted, ~~L~ Patrick F. Lauer~r., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: ~ <II( . .A, . EXHIBIT A ---'-- .. . -', \ I! / :' , I .. . ., COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 10, 1996 HOWAR>> A GEHRKE PO BOX ],10], WEST CREEK R>> NEWBURG PA ],7240 ~10003~2a353871o]' 00], 0]'/03/]'~~1o 171o],4]'~5 08/2]'/]'~45 Dear Motorist 1 As a result of your conviction on 12/19/1995 of violating Section 3736 of the Vehicle Code, RECKLESS DRIVING on 02/19/1995, 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 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 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. . Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license productCs), 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. Effective Date of Suspension: 02/14/1996, 12101 a.m. Please see the enclosed application for restoration fee information. . .. -- 9600392115558761 SEND FEE/LICENSE/DL-16LC/TOI Depart.ent of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 ~j Sincerely, ~~,~ , ., Rebecca L. Bickley, Director Bureau of Driver Licensing INFORHATION (71nO Pittsburgh Area Philadelphia Area Harrisburg Area Toll Free T.D.D. AH TO 6130 PH) - 412-565-5670 - 215-698-8100 - 717-787-5130 1- 800-932-4600 1- 800-228-0676 .. . . A. EXHIBIT B . . '.'''',.1- l I I' , , , I I , -_....~ -:~~-. -.-; " . . 8 S. Hanover Street C'Mllale. PA 17018 (717) 24lHl971 9lI2 N. Second Street Harrlaburg. PA 17102 (717) 282.7747 ". .-. ~A \ ~ TIlE LAW OFFICES Ql"PATlUCK F. LAUER, JR. 2108 MARKET 8T(tEET, AzTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 (717) 768-1800 FAX (717) 763-4247 1.1lOO-822-4.LAW ~ 48 S. Duke Street York, PA 17401 (717) 24IH'l99 AaIodale CoW1lleI Matthew J. Eshelmao, Esq. BrIan J. PuhaIa, Sr., Esq. (Reply to Camp Hill Addreea) 416 N. 81gb Street ])1l......nntV1, PA 17020 (717) 634-4646 January 26, 1996 Pennsylvania Department of Transportation Office of Chief Counsel Room 103, Transportation & Safety Building Harrisburg, PA 17120 Re: Howard A. Gehrke PA D.L. #392-835-3861 D.D.S. 8/21/45 Dear Sir/Madam: I have been retained by Mr. Gehrke to apply for a delay in the effective date of suspension of his driving privileges. I have enclosed a copy of the suspension notice dated January 10, 1996. According to that notice, Mr. Gehrke is to begin a six month period of suspension beginning on February 14, 1996. This letter constitutes a request for a delay in the commencement of the period of suspension for a period of six months pursuant to Vehicle Code Section 1541(a). A failure to grant this extension will result in undue hardship to Mr. Gehrke. Please consider the following information prior to making a final determination: (1 ) (2) (3) (4 ) (5) Mr. Gehrke is a commercial truck driver. His sole source of income is from driving his truck. Mr. Gehrke has not had sufficient time to make alternative arrangements either for his truck or his livelihood during his period of suspension. Mr. Gehrke pleaded guilty to Reckless Driving after being erroneously informed by his attorney that he would be eligible for an Occupation Limited License. Mr. Gehrke has a perfect driving record but for the present offense. The Commonwealth will not be prejudiced by a delay in the commencement of this suspension. ".", . . .. . . page two 1/26/96 Please provide undersigned counsel with a written response of your decision. If an extension is not granted, please specify the reAsons for denial. If you have any questions or require additional information, please contact JeAnne H. Bereznicki, Esquire, at my Camp Hill Office. Very truly f r-~I-- Patrick F. yours, -", Lauer, Jr., Esquire PFL/jhb cc: Howard Gehrke file ." <'''''''f,"~;t~~';~:~~Ji4: ... . ...' . ^.,.,.:.<~......_...:. EXHIBIT C t, "".. "-1' ,.. , ;';" U I , '-_. .. . ... ' . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : : : : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. . , '- . n LIl':ENSE SUSPENSION ( , APPEAL . , I . . ," , , , J I I,) HOWARD A. GEHRKE : "I , .-.1 .J ! , APPEAL OF LICENSE SUSPBNSION :. .:., :.... I " " ., I \~ I ~ljn .,-J ~'j I '" ~ :'IJ by"ancFthrough ,'.( , .' I' ,...." ( . AND NOW comes the Appellant, Howard A. Gehrke, his attorney, Patrick F. Lauer, Jr., and respectfully avers the following: 1. Appellant resides at P.O. Box 161, West Creek Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The Appellant received a notice dated January 10, 1996 that, as a result of conviction of violating Vehicle Code Section 3736, Reckless Driving, his driving privilege was being suspended for a period of six months, pursuant to Vehicle Code Section 1532(b), effective suspension date February 14, 1996, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit nAn. 3. On January 25 and 26, 1996, a representative of undersigned counsel contacted the Department of Transportation and was informed by two separate representatives in the legal department that an internal policy is in effect by which applications for delay in cases of Reckless Driving are denied regardless of the amount hardship to the person whose license is being suspended. .. ' ... ' ' 4. Appellant applied for a delay pursuant to Section 154l(a) on January 26, 1996, in order to preserve standing to challenge said internal policy. A true and correct copy of said application is attached hereto as Exhibit "B". The denial of said application will be attached as a supplement to this appeal as Exhibit "C" upon its receipt by undersigned counsel. 5. Appellant submits that it is an abuse of discretion under Section 1541(a) and a violation of Equal Protection to summarily deny all applications for delay without regard to the degree of hardship upon the person whose license is being suspended. WHEREFORE, Appellant prays this honorable court to grant a supersedeas until fair consideration has been afforded to Appellant by the Department of Transportation pursuant to Section 1541(a) of the Vehicle Code. Respectfully submitted, Date: I /11 /'16 , r ''-'~ /-- - ,.-,-.... - Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 " , .' ... .' . ATTORNEY VERIFICATION Undersigned counsel for Appellant, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for Howard A. Gehrke, Appellant. 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, _p. \_ r L____ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ATTORNEY FOR APPELLANT Date: I/O:' /.,. . I ! i .. ., ^ " . . " . CERTIFICATE OF SERVICB I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Room 103 Transportation & Safety Building Harrisburg, PA 17120 By: Pv~ F/l-", Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date: / h,/.,. " , " " COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARV 10, 1996 HOIllARD A GF:HRKF: PO BOX ]'b]' IllF:ST CRF:F:K RD NF:IllBURG PA ],7240 9bDD392835381b]' DO]' D]'/D3/]'99b :L1b]'4]'95 08/2],/],945 Dear Motorists As a result of your conviction on 12/19/1995 of violating Section 3736 of the Vehicle Code, RECKLESS DRIVING on 02/19/1995, your driving privilege is being SUSPENDED for a period of 6 MONTH(S) 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 (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 letter acknowledging the sanction of YDur driving privilege. Failure to cDmply with this nDtice shall result in this Bureau referring this matter tD the Pennsylvania State PDlice fDr prosecution under SECTION 1571(a)(4) of the Vehicle Code. ~ Alt.hnugh the law mandatps that VDur driving privilege is under suspensiDn even if you dD not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, Dr 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 IS DAVS CONTACT THE DEPARTMENT IMMEDIATELV. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Effective Date Df Suspension: 02/14/1996, 12:01 a.m. Please see the enclDsed applicatiDn fDr restDratiDn fee infDrmatiDn. . .. EXHIBIT A " ,.--- .-..- t, , . I . 960039283538761 SEND FE~/LIC~NSE/DL.16LC/TOI Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 . ". .. " ,... q ." . , Sincerely, ~~.~ "'--.. .. __"'_ t' . " Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7lnn Pittsburgh Area Philadelphia Area Harrisburg Area Toll Free T,D.D. AM TO 6130 PM) - 412-565-5670 - 215-698-8100 - 717-787-3130 1- 800-932-4600 1- 800-228-0676 . .. I' I .' . THE LAW OFFICES at PATRICK F. LAUER, JR. 2108 MARKET 8TIlEET. AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 (717) 763-1800 FAX (717) 763-4247 1.800-822....LAW .8 S. Duke Street' York, PA 17'"'1 (717) 2.c6-1'/99 " 8 S. Hanover Street Carllale, P A 170 IS (717) 2.clHl971 932 N. Second Street Harrlablll'& P A 17102 (717) 232.77.7 A""";Ate Colllllltll Matthew J. Eahelman, Esq. Brian J. PubaIa, Sr., Esq. (Reply to Camp mn Addreaa) 415 N. Hlgh Street DII......nnon, PA 17020 (717) 8S.....&.c5 January 26, 1996 Pennsylvania Department of Transportation Office of Chief Counsel Room 103, Transportation & Safety Building Harrisburg, PA 17120 Re: Howard A. Gehrke PA D.L. 8392-835-3861 D.O.B. 8/21/45 Dear Sir/Madam: I have been retained by Mr. Gehrke to apply for a delay in the effective date of suspension of his driving privileges. I have enclosed a copy of the suspension notice dated January 10, 1996. According to that notice, Mr. Gehrke is to begin a six month period of suspension beginning on February 14, 1996. This letter constitutes a request for a delay in the commencement of the period of suspension for a period of six months pursuant to Vehicle Code Section l54l(a). A failure to grant this extension will result in undue hardship to Mr. Gehrke. Please consider the following information prior to making a final determination: ( 1) (2) Mr. Gehrke is a commercial truck driver. His sole source of income is from driving his truck. Mr. Gehrke has not had sufficient time to make alternative arrangements either for his truck or his livelihood during his period of suspension. Mr. Gehrke pleaded guilty to Reckless Driving after being erroneously informed by his attorney that he would be eligible for an Occupation Limited License. Mr. Gehrke has a perfect driving record but for the present offense. The Commonwealth will not be prejudiced by a delay in the commencement of this suspension. (3) (4) (5) . - EXHIBIT B , '''.'' .. , .:. ...,,~.~ :. .... ..J;:ft~ ~ " . -- . , " . '. " page two 1/26/96 Please provide undersigned counsel with a written response of your decision. If an extension is not granted, please specify the reasons for denial. If you have any questions or require additional information, please contact Jeann~ H. Bereznicki, Esquire, at my Camp Hill Office. Very truly yours, fJ r-,...J.- Patrick F. Lauer, Jr., Esquire PFL/jhb cc: Howard Gehrke file to .. . . >.,,~; . I~ I, I' " i' I. Ii 'I I; i I !.P '. I ~, I :.' . . , , , t, , " I ' I , f :' EXHIBIT D . ~ , _':"~':--"".r~ . ::-- ;' -.......... . !' 0& l' , .. ,,- . " - -, . If .. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qU--.']J) ~l<l~L,:Jl.-/''-- v. HOWARD A. GEHRKE LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW this .Ii jL day of 3tf...."""'''d- ' 1996, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, IT IS HEARBY ORDERED THAT, a hearing matter at on the .;J.S-tf... day of a.m.g in Courtroom No. :~ Courthouse, Carlisle, Pennsylvania. shall be held regarding this r1rt. , 1996, at ;l:v() of the Cumberland County A suspersedeas is granted pursuant to Vehicle Code Section l5S0(b)(1) until such time that this honorable court resolves this appeal. In T und This ~IIE COpy FROM RECORD "'" '''I' do :Qf, I I In.) u~to sel my hand lJ sCui 01 ~ujd (au: I 01 Cdrli'14 Pa ~ ' -, ' .....,5...... duy of..;:;[.....l.r.", 19,.,1." "'.,..~~)~(,~;~~~it;'~~ J. BY THE COURT: 1St ~<- 1:. ....... 7-I+ff~ Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Room 103, Transportation & Safety Building, Harrisburg, PA 17120 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa 17011 ....., , , . . COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING : . NO. 96-585 . v. . CIVIL TERM . : HOWARD A. GEHRKE, . LICENSE SUSPENSION . Appellant . APPEAL . CERTIFICATE OF SBRVICE I hereby certify that I am this day serving a copy of the foregoing REQUEST FOR CONTINUANCE upon the person indicated below, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Room 103 Transportation & Safety Building Harrisburg, PA 17120 By: Patrick F. Lauer, Jr., Esqu re 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Dated: ~- 1- ff '- f:~-~ Ul~. (..,. 1"( Ii: ~ ('~),--, C) WI'. Lilt f: I l...' r- >. .. ~ " ~. , :-^; .' -';'.,j r...: ! r: L ,,"j ':.1. . - ..~ .... ) C:i . HOWARD A, GEHRKE, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 96-585 CIVIL DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING RESPONDENT LICENSE SUSPENSION APPEAL DEPARTMENT'S ANSWER TO PETITIONER'S REOUEST FOR CONTINUANCE 1. Petitioner on February 2, 1996, filed an appeal characterized as a license suspension appeal, 2, Petitioner attached to his appeal a notice dated January 10, 1996, from the Department of Transportation to the motorist, Howard A. Gehrke, which informed Mr, Gehrke that as a result of his conviction on December 19, 1995, of violating section 3736 ofthe Vehicle Code, relating to reckless driving, on February 19, 1995, his operating privilege was being suspended for a period of6 months as mandated by section 1532(b) of the Vehicle Code, 3, Petitioner states in his appeal that his representative contacted the Department and was informed that it is the Department's policy to deny a request for delay of suspension in cases of reckless driving, 4, Petitioner states in his appeal that he applied for a delay of suspension pursuant to o ;-.".-<-.' Section 1541(a) of the Vehicle Code, 5, Petitioner is claiming that the Department's policy to deny a request of a delay of suspension pursuant to 1541(a) ofthe Vehicle Code in suspension under I 532(b) based on reckless driving is an abuse of discretion under Section 1541(a) and a violation of Equal Protection, 6, Petitioner on or about April 3, 1996, filed a Request for Continuance in the above captioned matter which is set for hearing on April 25, 1996, 7, Petitioner in his Request for Continuance did not set forth any reason whatsoever for the request for continuance, 8. Petitioner in his Request for Continuance reiterated the claim that a denial of a request for delay is an abuse of discretion and a violation of Equal Protection, 9, Petitioner in his Request for Continuance states he intends to challenge the Department's internal policy of denying requests for delay of suspension in cases of reckless driving, 10, Petitioner states the Department has failed to respond to Appellant's application for delay of suspension and that the Department is attempting to avoid this Honorable Court's evaluation ofits policy by refusing to provide a written, explanatory response to Petition's application for delay, II. Section 1541(a) of the Vehicle Code states, in part: The department may, upon request of the person whose license is suspended, delay the commencement of the period of suspension for a period not exceeding six months whenever the department determines that failure to grant the extension will result in hardship to the person whose license has been suspended, 12, The decision to grant or deny a request for delay is a matter of discretion for the Department. 13. This court has jurisdiction to hear a operating privilege suspension appeal pursuant to Section 933(a)(I)(ii) of the Judicial Code. 42 Pa. C,S, 933(a)(I)(ii). See also 75 Pa. C,S, 1550. 14, The de novo scope of review in a license suspension appeal pursuant to Section I 532(b) of the Vehicle Code is whether the motorist was convicted and whether the Department acted in accordance with the Vehicle Code. See Department of Transportation v Russo. 96 Pa, Cmwlth. Ct. 187,506 A.2d 1349 (1986); Department of Transportation Bureau of Driver Licensini v Didyouni, 106 Pa, Cmwlth. Ct. 118, 52S A,2d 863 (1987); Zeitlen v Dl\partment of Transportation. 106 Pa, Cmwlth, Ct. 170,525 A.2d 876 (1987); Amoroso v. Dl\partment of Transportation Bureau of Driver Licensini. 152 Pa. Cmwlth, Ct. 215, 618 A.2d 1152 (1992), IS. Petitioner has not pleaded any objection to the suspension; but rather the petitioner has pleaded that the Department abused its discretion and violated the motorist's Equal Protection by denying a request for delay of suspension. 16, The petitioner has not raised any issues reviewable by this Honorable Court, 17, Petitioner does not appear to be seeking judicial review of the suspension pursuant to Section 1550 of the Vehicle Code but rather appears to be seeking a delay of the suspension through the supersedeas provided for by Section 1550 of the Vehicle Code and appears to be using the appeal and the request for continuance as a means to delay the suspension, WHEREFORE, the Department ofTransportation respectfully requests that the appeal not be continued and scheduled at another time, '- . "'"", ':1:'" '. -. .,'- . ,.,. Respectfully submitted, ~Lf/~C George H, Kabusk Assistant Counsel " < c...."...; -, . ..,.;f.~- HOWARD A GEHRKE, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 96-585 CIVIL DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the Department's Answer to Petitioner's request for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, postage prepaid, addressed to: Patrick F. Lauer, Jr" Esq. 2108 Market Street Camp Hill, Pa, 17011 ,A~ rl-tz:~~/f George abusk Assistant Counsel Department of Transportation Room 103, Transportation and Safety Bid, Harrisburg, P A 17120 (717) 787-2830 DATE: April 11, 1996 COMMONWEALTH OF PENNSYLVANIA, I IN THE COURT OF COMMON PLEAS OF DEPARTMBNT OF TRANSPORTATION, I CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, I Appellee I I v. I 96-585 CIVIL TERM I HOWARD A. GEHRKE, I Appellant I LICENSE SUSPENSION APPEAL IN REI APPEAL WITHDRAWN ORDER OP COURT AND NOW, this 25th day of April, 1996, the matter having been called for hearing on the Defendant's appeal from suspension, before testimony having been taken in the case, the Defendant and his personal counsel having indicated that they wish to withdraw the appeal, the appeal is deemed withdrawn with prejudice against the Defendant to refile this appeal. By the Court, er, J. George Kabusk, Esquire Counsel for Appellee Matthew J. Eshelman, Esquire Counsel for Appellant c.'-'t~ ()'J~<<t -\ I ~rd'l'" J!.. ,? Islr \.-.\ ~ .".' . r.\;. ,~, f . '. I ,., r I .. .~ I . " " I'.