HomeMy WebLinkAbout98-06148
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SlEVEN M. Ilot JCK
IN 1111- COllI{ I Of COMMON I'll ,AS OJ-
('lIMIlU{1 ANI> ('01 INIY, I'I'NNSYI. VANIA
v,
CI VII, AC liON - I.A W
COMMONWI~AI.TII OJ-
I'ENNSYI. VANIA,
DEPARTMENT OF
TRANSPORTATION, IllJRf~AIJ :
OF DRIVER I.JCENSIN(j
NO, 91<-6141< CIVil, TJ:RM
ORDER (ll' ('(ll J(n
AND NOW, this 30 f~ay of Oelobel'. 1991<, upon collsideratioll of lite I.icense
Suspension Appeal tiled on behalf of Steven M, I louck, a hearing is scheduled fill' Friday.
the 5th day of February, 1999, at 9:30 a,tll,. in CourtroOtll No, I, Cumberland County
Courthouse, Carlisle, Pennsylvania, Notice of said hearing shall bc given by appellant's
counsel to the Department of Transportation at least 60 days prior to the dale of said hearing,
APPELLANT is directed to tile a supplement to the appeal indicating more
specilically thc ground or grounds upon which Appellant is relying for the contention that
the suspension appealed from was invalid, In the event that such supplement to the appea'
is not timely tiled the appeal shall be dcemed dismisscd without further ordcr of court,
BY THE COURT,
David E, Hershey, Esq,
2233 North Front Street
Harrisburg, P A 17110
Attorney for Appellant
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(icorgc Kabusk, Esq,
Oflicc ofChiel'Counscl
Ikpartment of Trans portali 011
Rivcrfront Oflice Centcr, Third !,Ioor
1101 South !'ronl Strecl
/Iarrisburg,l'A 17/04-2516
AlIomey fill' Department of
Transportation
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STEVEN M, HOUCK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, (1 ~~ -lc H '8 r cc,,') ,"IiI)
LICENSE SUSPENSION APPEAL
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LI~PENSION APPEAL
AND NOW, comes Petitioner, Steven M, Houck, by and through his
attorn",ys, Mancke, Wagner, Hershey & Tully, and makes che followin9
averments in support of this License Suspension Appeal:
1, Petitioner, Steven M, Houck, is a pennsylvania licensed
driver with a residence address of 523 Lisburn Road, Mechanicsburg,
Cumberland County, Pennsylvania 17055,
2, Respondent, Pennsylvania Department of TL'ansportation,
Bureau of Driver Licensing, has a mailing address at Riverfront
Office Center, Third Floor, 1101 South Front Street, Harrisburg,
Dauphin County, Pennsylvania 17104-2516,
3, petitioner received a notice of license suspension by way
of letter dated October 22, 1998 from the Department of
Transportation indicating that his pennsylvania driving privileges
are to be suspended on November 26, 1998 at 12:01 a,m, for a period
of one (1) year for a violation of Section 1543(a) of the Vehicle
Code, See Exhibit "A" attached hereto and incorporated herein by
reference,
WHEREFOHE, Jl('tili()lh~~t. I"!;Pf~CLlulJy r(~ql1ests t.haL this Court
schedule a hear"illg t.o dl~LerllliIlC thr_' vdlidity of lhe suspellsion
proposed by the Department in E>:hibit "A".
Respectfully submitted,
Date: 10/28/98
MANCKE WAG~: ~Y & TULLY
BY_J~ _/
Oavia-e;-, -Hershey, Esqui re
1,0, 1143092
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
.'
CERTIFICATE OF SERVICE
I, David E, Hershey, Esquire, of the law firm of MANCKE WAGNER
HERSHEY & TULLY, hereby certify that I am this day serving a copy
of the foregoing document to the attorneys or parties of record in
the manner indicated below,
which
servic~ sat isfies the
C lVL t
of Gr-iminal Procedure, by
requirements of thp Pennsylvania Rules
depositing a copy of same in the United States Mail, postage
'v C~_ll\b('-l--
prepaid, at Harrisburg, Pennsylvania, on the~(\th day of Pe~y,
1996, at the address listed below:
George Kabusk, Esquire
Office of Chief Counsel
PA Department of Transportation
Riverfront Office Center, Third Floor
1101 South Front Street
Harrisburg, PA 17104-2516
By: (7"'~
David E, Hershey, Esquire
MANCKE WAGNER HERSHEY & TULLY
2233 North Front Street
(717) 234-7051
3
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
OCTOBER 22, 1998
STEVEN M HOUCK
523 W LISBURN RD
982889283928780 001
10/15/1998
24019025
09/14/1976
MECHANICSBURG PA
17055
Dear Motorist:
As a result of your conviction on 10/01/1998 of violat-
ing Section 1543A of the Vehicle Code, DRIVING WHILE
SUSPIREVOKE on 09/29/1998, your driving privilege is being
SUSPENDED for a period of 1 YEARCS) as mandated by Section
1543 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 IS 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 sWorn affidavit stating that
YOU are aware of the sanction against your driVing privi-
lege. Failure to comply with this notice shall result in
this Bureau referring this matter to the PennsYlvania State
Police for prosecution under SECTION 1571Ca)(4) of the Ve-
hicle Code.
Although the law mandates that your driving priVilege is
under suspension even if yoU do not surrender your license,
Cl"edit 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 ACKNOWLEDGE-
MENT, 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,
The effective date of sus
s 11/26/1998, 12:01 a.m.
EXHIBIT
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9B2BB92B392B7BO
Please see the enclosed apPlication for restoration fee
formation,
in-
You will be notified of any outstanding restoration
Quirements approximately 3D days before the eligibility
of the restoration of your driving privilege. You
follow those instructions very carefully in order to
your driving privilege restored.
re-
date
must
have
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 3D days of the mail
date of this letter, OCTOBER 22, 1998. If YOU file an appeal
in the County cou~t, the Cou~t will give yoU a time-stamped
ce~tified copy of the appeal. Send this time-stamped cer-
tified 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
Sincerely,
~~.~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P,O. Box 68693
Harrisburg, PA 17106-8693
I NF ORMA TI ON
IN STATE
OUT-OF-STATE
TOO IN STATE
TOO OUT-OF-STATE
(7:00 AM TO 9:CO PM)
1-BOO-932-4600
717-391-6190
1-BOO-228-0676
717-391-6191
STEVEN M HOUCK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO 98-6148
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE SUSPENSION APPEAL
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the license suspension appeal filed in the above captioned matter and
mark the matter closed,
Respectfully submitted,
Date: \ \ \ ~iCR
M,"~9",~T""
David E, Hershey, Esquire
ID# 43092
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
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STEVJo:N M. (IOUCK
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL AC'rION - LA W
COMMONWEM.TIIOF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTKrION, BUREAU:
OF DRIVER LICENSING
NO. 98-6148 CIVIL TERM
ORDER OF COURT
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AND NOW, this lS day ofJanuary, 1999, upon consideration of the attached letter
from David E. Ilershey, Esq., attorney for Appellant, the hearing previously scheduled in this
matter li:lr Fehruary 5, 1999, is cancelled.
BY THE COURT,
David E. Hershey, Esq.
2233 North Front Street
Harrisburg, PA 171/0
Attorney for Appellant
1/.1'7/<1'1.
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George Kabusk, Esq.
Office of Chief Counsel
Department of Transportation
Riverfront Office Center, Third FI.
1 101 S. Front Street
Harrisburg, P A 17104-2516
Attorney for PennDot
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