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Home My WebLink About03-0510GARY A. HUETHER, JR. Petitioner V. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAl AND NOW, this :~ r4J day of ~¢_,~)~'~ U OJ~ ~ , 2003, comes Gary A. Huether, Jr., through his attorneys, Mancke, Wagner, Tully & Spreha, who respectfully represent: 1. Your Petitioner is an adult individual residing at 1130 Waterford, Camp Hill, Cumberland County, Pennsylvania· 2. Your PelilJoner has received a nolJce of license suspension, a copy of which is attached hereto and made a part hereof as Exhibit A. 3. Said Exhibit A indicates that Your Petitioner is being suspended for a period of one year effective January 31, 2003 as a result of an alleged conviction for violating §1543(a). 4. Your Pe~Joner believes said suspension is illegal, unjust and improper for reasons which include, but are not limited to, the following: (a) Your Pe~Joner was not guilty of driving under suspension on November 3O, 2OO2; (b) Your Petitioner did not receive notification or notice of the fact that he was under suspension; (c) Your Petitioner is filing an appeal Eom the alleged conviction, which appeal is being filed in the Court of Common Pleas in Cumberland County and which appeal will require a headng; WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the legality and the propriety of the license suspension outlined in Exhibit A. Dated: ~-'~ --~ Respe~ll~d, John B. I~ncke, Esq., ID No. 07212 Mancke, Wagner, Tully & Spreha 2233 N. Front Street, Harrisburg, PA 1~110 717-234-7051, Attorney for Petitioner JOHN B. MANCKE P RICHARD WAGNER WILLIAM T, TULLY EDWARD F, SPREHA LAW O~F~CES MANCKE, WAGNER, TULLY & SPREHA 2233 NORTH FRONT STREET PHONE {717) 234-7051 FAX {7f7) Z34-7080 VERIFICATION I hereby vedfy thatthe statements made in this document are true and correct. I understand that false siaiements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, mla'dng to unswom falsification to authodlJes. Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mai[ Date: JANUARY [7, 2003 GARY A HU£THER JR 1130 WATERFORD CAMP HILL PA 17011 WID # 030109283539297 001 PROCESSING DATE 01/10/2003 DRIVER LICENSE # 25560857 DATE OF BIRTH 07/30/1979 LICENSE IN BUREAU Dear MR. HUETHER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 15~3 of the Pennsylvania Vehicle Code. As a result of your 01/0g/2003 conviction of violating Section 15~3A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 11/30/2002: Your driving privilege is SUSPENDED fop a ~epiod of l YEAR(S) effective 01/$1/2005 at [2:0l a.m. This suspension is in addition to any other suspensions al- ready om your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of Your suspension/revocation, we ~il~- =~d ymu ~-~er asking that you orovide surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania, Zm~ortant: 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 a~oea[ this action to the Court of Common Pleas (Civil Division) within 30 days of the mai! date, JANUARY 17, 2003, of this letter. If you ~±le an Peak In the County Cou~t, the Ceu~t w~[~ ~ve you a stamped ce~tl~led copy of the agpeal. In order for your a~eal to be vaIid, you must send this time-stamoed certi- f/ed cony of the anneal by certified mail to: Pennsylvania De~artmen~ of Transoartation J~e~E-~-h-i-e~ Counse~ Third Floor, R~verfront Off,ce Center -- Harrisburg, PA 1710~-2516 Remember, this is an O~F~C~AL NOT~CE OF SUSPENSION. Rebecca L. gickley, Director Bureau ol= Driver Licensing SEND FEE/LZCENSE/DL-i&LC/TO: Deoartment of Transportation Bureau of Driver Licensing P.O. gox 68695 Harrisburg, PA INFORMATION (7:00 AM TO g:O0 PM) IN STATE 1'800-932-~600 OUT-OF-STATE 7!7-$91-6190 TOD IN STATE 1-800-2~$-047d TDD OUT-OF-STATE 717-391-6191 GARY A. HUETHER, JR. PelJlioner DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, this .rT.~day of ~"~-~ [o, ~ ~j 7 ' 2003, upon consideration of the within Pe~tion, it is hereby ordered and decreed that a hearing be held on the .#/T7'~day of ~'F)~ ,2003, at ~:lS"o'clock in Courtroom / , Cumberland County Courthouse, Carlisle, Pennsylvania. Nolice of said hearing shall be sent by certified mail to the Department of Transportation by Pelitioner's attorney at least sixty days prior to the date of the hearing. By the Court, Jo GARY A. HUETHER, JR. Petitioner DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-510 CIVIL PRAECIPE TO WITHDRAW Please withdraw the above-captioned license suspension appeal. Dated: May 12, 2003 Distribution: Hon. J. Wesley Oler, Jr. Respe~su~~b~ed, John ~Manc-ke, Esq., ID No. 07212 Uancl~J, Wagner, Tully & Spreha 2233 !~. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner John B. Mancke, Esq., 2233 N. Front Street, Harrisburg, PA '17110 PA Dept. of Transportation, Office of Chief Counsel, 1101 S. Front St., Harrisburg, PA 17104 GARY A. HUETHER, JR.,' Petitioner · Vo DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0510 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of May, 2003, upon consideration of the attached letter from John B. Mancke, Esq., attorney for Petitioner, the hearing previously scheduled for May 19, 2003, is cancelled. ' ohn B. Mancke, Esq. 2~2~3 N. Front Street Harrisburg, PA 17110 Attorney for Petitioner ~eorge Kabusk, Esq. Pa. Department of Transportation Office of Chief Counsel 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Respondent BY THE COURT, J~esley Ole~., ~° j. 0.5-- q :rc JOHN B. MANCKE P. RICHARD WAGNER WILLIAM T. TULLY EDWARD F. SPREHA, JR. LAW OFFICES MANCKE, WAGNER, TULLY & SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 PHONE (717) 234-7053 FAX (717) 234-7080 May 12, 2003 Hon. J. Wesley 01er, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Gary A. Huether, Jr. v. Comm. of PA, Dept of Transportation No. 03-510 Civil; Hearing Date: May 19, 2003 at 2:15 pm Dear Judge 01er: Please lind enclosed copy of Praecipe to Withdraw that we are filing with the Prothonotary relative to the above-captioned case as the underlying summary appeal has been concluded favorably. Very truly yours, JBM/hrc Enclosure John Man~cke