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Home My WebLink About01-04401~' Supreme Court of Pennsylvania Shelley A. Ca[re[a, Esq: Deputy Pro[I[onotary Pa[riaa A. Hanazd Chief Clerk Harold H. Cramer, Esq. Assf Chief Cnsl Transportatn 1101 S Front Street 3rd FI Harrisburg, PA 17104-2516 RE: Kinsinger-Horvath, Theresa No.2 INT 2001 Dear Attorney Cramer: Western District January 10, 2001 801 Ciry•Counry Building Pittsburgh, PA 15219 412.5652816 www.aopc.org The above-named law student has been approved and certified under Pa. B.A.R. 321 and 322 by: Widener University -Harrisburg Fruth, Ann Elizabeth ~: Dean as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern as of January 10, 2001. Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 and 322, the above-named student has been certified as a legal intern and you have been approved to perform the duties of supervising attorney. WITNESS my signature and the seal of this Court, January 10, 2001 Very truly yours, 9 Shelley A. rrara Deputy Prothonotary /alf cc: Ms. Ann Elizabeth Fruth ~z~~ Dean Ms. Theresa Kinsinger-Horvath TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O ! - `! 401 ~,Q T.R.,.-~, ORDER AND NOW, this,~~ day of , 2001, upon consideration of the within/Petition, it is hereby ordered and decreed that a hearing bechCeld on the 1a~ day of ((/.(~ ./~~ 2001, at ~ 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 attorney at least sixty days prior to the date of the hearing. \~~ ~~ n~ ~,~~~, By the Court, -:~ _ _ ~I'~}RARRPi l9iBa+cn,T,:,e -:. -nr =.-e:li5Rx;1 »~e~'raw.'., g.~;u?APS;'p~R.....~ .., TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL AND NOW, this 18th day of July, 2001, comes Timothy S. Pries, through his attorneys, Mancke, Wagner, Hershey. & Tully, who respectfully represent: 1. Your Petitioner, Timothy S. Pries, is an adult individual with a Pennsylvania residence address of 1885 W. Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Petitioner received a notice of license suspension, a copy of which is attached hereto and made a part hereof as Exhibit A. 3. Said license suspension outlined in Exhibit A is unlawful, illegal and unjust for reasons which include, but are not limited to, the following: (a) Your Petitioner was not convicted of the offense described in Exhibit Aand/or; (b) said offense andlor conviction was part of the same criminal episode as another offense(s) and/or conviction(s) which has resulted in a suspension and/or; (c) said offense and/or conviction had merged with another offense and/or conviction and/or; (d) the suspension is a result of erroneous, incomplete andlor faulty certification from a lower court and/or; (e) the suspension is untimely and/or; (f) said suspension is illegal and not in compliance with the Drug Act and/or the Pennsylvania Motor Vehicle Code. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the susp@nsion outlined in Exhibit A. Respec~llys~bmitted, John B. Mal~cke, Esq., ID No. 07212 Mancke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: July 18, 2001 2 ~,:. . - JUL~2-91 11:94 PRIES. T~717-259-9390 CDMMDNWEALTH OF PENNSYLVANIA DEPARTMENT DF TRANSPDRTATIDN Bureau of Driver Licensing Mail Date: JDNE 2i, 200I TIft07HY SP~HR PRIES t fiID ~ 011717302403091 001 labs PEST LISBURN RD PROtESSIN6 RATE 06/20!20171 DRIVER LICENSE s< 2444'1106 CARLISLE PA 17013 DATE QF BIRTH D1/2S/1978 Dear MR. PRIES: _-- ~~ _ _ _.. - - _ _ - --... ~~ This is an Oi"ficial Notice oi' tA~ S[iapdn~ton cf your DrivinD Privilege as authorized by Section 1532C of the Pennsylvania VedlcRe Lade. As a result of vour D9l15l20D0 conviction of violatina Section 13A16 of the Controlled Substance. Drugr Device and Casmatic Act, on D9l29/19g8o - ^ Yaur driving privilebe is 5USPENUL`D for Lf Persotl oT 6 t(ONTtI(3? efTeotive B1l26lZgD2 at 12:®1 a.M. This suspension is in addition to any other suspensions al- ready on your record. ~fl -c~ yTwr WITH THIS SU ^+P FNS I(7 t~j'. You Rust return all current Pennsylvania driver`s lie^n5e3, learner's Permits, temporary driver's licenses [Genera suraender ytheseasltemsanbafor^.beD7l26l2091,2Dfgr earlier eredi t; f+a waver, you Ray nut drive after these items are surrendered. YQU MAY NOT RETAxN YouR DRIVER`S LICENSE F9R 7;DHNYIFTCATION PURPOSES. However, you tvay apply fnr and obtain a A}f0~0 - ~ ------~i~+oaFt-i^Fic~e{~iasr-~+sarq -nt anar-m°I-v~le~ License ~tehPer ~cr a ena~t ~-~ ~~~ of 9.Da. Yau Rust present two (2) forms of proper iden- tificatian [e.g., birth certificate, valid D.S. paSSpart, ^arr3age c^rtificate, etc.) 3n order #o obtain your Dhbto identification card. You will not receive credit toward serving any 9uspensioh until we rec63Ve your licenBO(s), Ganplete the following steps tC acknowledge this suspension- 1. Reiurn all current Pennaylvania driver's 1leensea, learner's permits andfpr camera cards to PannDgT. It you do not have any of these items, send a Sworn nota- rized letter stating you are aware of the suspension aY vour driving priv9laye. Yau must specifiY in your letter why you Are Unable to return vour driver's licansc. EXHIBIT '~ P:93 FROn: P1RNr KE iaiRGNER HERS HE'I FRX: 247f180 Jul-17-D1 Tue 15:1 PRGE: B5 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date Timothy S. Pries x- TIMOTHY S. PRIES, PETITIONER v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this /2 ` day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4401 No. 01-4402 No. 01-4403 No. 01-4404 CIVIL LICENSE SUSPENSION APPEAL c/'abv 2001, the appeal filed in the above referenced matters of four first offense six month suspensions pursuant to Section 1 S32(c) of the Vehicle Code is REMANDED to the Department of Transportation to CORRECT THE RECORD to: (1) REIMPOSE two first offense six month suspensions pursuant to Section 1532(c) of the Vehicle Code as a result of the petitioner's conviction on September 29, 1998 of a violation of Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act and a violation of Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act, and (2) RESCIND AND DELETE two first offense six month suspensions which the Department imposed pursuant to Section 1532(c) of the Vehicle Code as a result of the petitioner's conviction on September 29, 1998 of two violations of Section 13A16 <r J~I.fV(i0 ~~i~~~1"~i~`~.3d ~~r,~ ra I :£ bid?. 1130 1 Q AIJ~7ICA~,~;; .,. A «, J -~ . ... ... ~~._mwa~-~.;~sw.ssa: ' ~. "a's~mr =~e~ r ~.+axxsaeg,~muav~axs~waat~at .`i~~~l of the Controlled Substance, Drug, Device and Cosmetic Act as those violations were either nolle prossed or merged as set forth the Order at 99 CR724 in the Court of Common Pleas of Blair County. BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516. John B. Mancke, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street, ~ ~~ Harrisburg, Pennsylvania 17110. ~°'i''O~ ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL 1101 SOUTH FRONT STREET, 3RD FLOOR HARRISBURG, PENNSYLVANIA 17104-2516 VOICE (717) 787-2830 TELEFAX (717) 705-1122 October 10, 2001 Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Timothy S. Pries v. Department of Transportation, Bureau of Driver Licensing 01-4404 Civil Term Dear Judge Hess: As Supervising Attorney, and as required by Pa. BA.R. 322(a)(2), I give my approval, along with that of the Commonwealth of Pennsylvania, Department of Transportation, for Ms. Theresa I<insinger-Horvath, Certified Legal Intern, to represent the Department in the above-referenced matters. Sincerely, ~~ ~f Harold H. Cramer Assistant Chief Counsel Vehicle and Traffic Law Division