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HomeMy WebLinkAbout98-06148 ....'i ~) ~ f , '\ ,~ S. , 0 '~ '- ~ : ~ ~ lQ .{ ~ ( !~ ~ , , ;~ i ~ , ~ !~ , ( I .. i~ ...... . ... .~ ~ l~ ~ ..... -.j , 0.. a- ~ 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 ','-' . ,.,.... ..' , ;.J ',', , ',. Ci l~J lYe: j' . '-'.p- ..:. '::0 _.. ':;;'.>G...!U C ,.Il.('...l.,4.. .t."J.l-l..' .. It I', h\ , _, I (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 :rc I i " ~ I ~ ~ ~ .. 1.:( ~ B~ ~ I~; <>- 9, ~ ~ ' ? ~ ~~ ~ I- ~~ '# Co) ... ' Q- ~ ~ a t!) t- ~ ('tJ ~ j \() 0- r- (ZI c-- ~ do a:~ W .... lio l]. ~e ~ I ~ ~p, ~u1~~I,' , ~~J:; , U en R ,', Z a: H " ~ W H ," ::!: J:d . . < . 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 \\ , , '.. , " ~.; -', . . ~ . , , , 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 ..... :...;.;;...,. ~ ::il;-!,?::~. t.ni';; ~~tg>'" !;Il:'!~.:_,i' ~!gh~",,': .~ ~~z~}~;{.{.~:":' .;':': >. l() ~~?::\:; ,,~ ~ l,1....... ,'. ...' } II'" . """.' "~<C' \'!.~'(;:':.;' ,', t,t:i. :f.JI.'1.~; f',: ,'.," (')1" ",'"'''L'.,.:.;...l''t!:;(".. CI ~i:t;~ ~ ~.t'S~;r{;;8{~;_/.:~., ,~ .,-;,... (.:: j~:: :,-~ ~~~~ :....(f) :l:.C- l-~' -.Ji' ltJr,j i!JCL . :::"1 o 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 /l:. 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. ,~\,1J . 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 c..:~\.:'$--~'~""'" .-, Htl:....Ll.J..., ") :re .) ., J i, .ry 'I ,', . ,. :"~ '."1 . ":.( ') '.J"l .:".' .:~ .) c.. ; .... '. - (.:/