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Home My WebLink About01-0906 FX , KATHLEEN E. SHENK Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. f1/ - ft!/p it;J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent ORDER AND NOW, thisb?O~ day of #..ekLII1/1 'Y ,2001, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the dbrt day of ~ ,200., at 9;30 o'clock in Courtroom ~, Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attomey at least sixty days prior to the date of the hearing. By the Court, 4L J. it, :~ ,\) \f Or}~ '"J.,~_^"i"_'O' I -~. . '-~,", .- ('!'I'l . '. , ,:-~ _.1 . ,-.- ,~, > 'e'n.' '-" '\" ".^ ~. '-'--v,",_'__~~ _. ""~ _ '~~-~-"_~"."'_'_~_ .,u '" , ViN'1/\IASN~J3d AJNnCO G!\i\r'ltEt~V~nO 61 :8 r..-;zi .::; 8JJ 10 ,~o ~I_ "~_"",...,, ~"""lI""~;!j~~~!-'ffi\>;;~~''',;<-r.-:''i!''''''''I,~.~,'j<.:I'" "C"--:~'T~N~lX.~~_iif~[.W'W'l!I~l'l'il!~~W;;)j'~,~lI(mf'.lWlit~~~1!i , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA (J / - <(of. (1;J T L.U"'-- : NO. KATHLEEN E. SHENK Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent LICENSE SUSPENSION APPEAL AND NOW, this 0 -rh day of Fe b rvQr\J , 2001, comes Kathleen E. Shenk, through her attorneys, Mancke, Wagner, Hershey & Tully, who respectfully represent: 1. Your Petitioner is an adult individual residing at 609 Copper Circle, Carlisle, Cumberland County, Pennsylvania. 2. Your Petitioner, who is a licensed operator in the Commonwealth of Pennsylvania, received notification of a license suspension for an alleged violation of ~3345(a) of the Pennsylvania Motor Vehicle Code (meeting or overtaking a school bus) which is attached hereto and made a part hereof as Exhibit A. 3. Your Petitioner believes and therefore avers that said license suspension is illegal, unjust and improper for reasons which include, but are not limited to, the following: (a) Your Petitioner was not guilty of such offense; (b) any alleged violation is a de minimus offense which does not merit license suspension; (c) Your Petitioner has an appeal pending in the Court of Common Pleas of Cumberland County on the underlying violation, which appeal hearing has not yet been scheduled; (d) license suspension would be unfair, unjust and improper under the circumstances. , WHEREFORE, Your Petitioner prays Your Honorable Court to schedule a hearing to determine the validity of the license suspension outlined in Exhibit A. Dated: !) /{;/O I John B. M ncke, Esq., ID No. 07212 Mancke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 26, 2001 KATHLEEN E SHENK 609 COPPER CIRCLE 17013 CARLISLE PA 010199283113847 001 01/19/2001 16373375 10/05/1951 Dear Motorist: As a result of your conviction on 01/17/2001 of violating section 3345A of the Vehicle Code PASSING A SCHOOL BUS on 09/20/2000, 5 points have been assigned to your record. As mandated under Section 1535 of the Vehicle Code, a 60 DAY(S) suspension is hereby imposed. In order to comply with this s~nction YOU are riQuired to return any current ,driver's license, learner's permit and/or temporary driver'~ 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 privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle 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 product(s), 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. The effective date of suspension is 03/02/2001, 12:01 a.m. Please see the enclosed application for restoration fee information. !. EXHIBIT <3 ~ ~ A -' ~ .. r"'""r" , 010199283113847 You will be notified of any outstanding restoration requirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JANUARY 26, 2001, of this letter. If you file an appeal in the County COUl't, the COUl't will give you a time-stamped cel'tified copy of the appeal. In order for your appeal to be valid, yOU must send this time-stamped certified 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: Oepartment of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INfORMATION (7:00 IN STATE OUT-Of-STATE TOO IN STATE TDD OUT-Of-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ;~"'d ,1- ~-_-"'.. '_"._'='_'r-"'~,1 '_~,-_< _~_,_,,, ,-, '-"< ~H"l.___.__, -, ~"" __~" _, -, --" . , ..... .}~~ll~l~~~l~&; I hereby verify that the statements made in this document are true and correct. I understand thatfalse statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ;< - 9- 02()(J/ Date t~t~ Kathleen E. Shenk ifo<', ,1__ , -""'~-"-- ~ ,,-J ,><__ KATHLEEN E. SHENK Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-906 CIVIL PRAECIPE Please withdraw the above-captioned license suspension appeal. Dated: May 1, 2001 ?,-,--"- -=~- '" . , John B. ancke, Esq., 10 No. 07212 Mancke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for \ FiU:{}-(\cr":i(:j: 0... - .....f) 1.,,1,';" r- ' ...!;:: 1~'r-),"'>,TjJr",'OT^ . + I _'.,' ;, \,) ~ lr: 1011 iT'-fIITI!"- ()r: Yi 'r,.' -'~;;:., ~-::.: j IV!: )/ (:'~!" r. l.:(: I iJ("\~\V'Y'rARY .. , '<',.,!, '\.})~UIJ OIMIl.Y-j M18:34 CUM,BE:RiJJ,ND COUNlY PENNSYLVANIA ~