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Home My WebLink About01-04402TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. b /- N'-FU ot- ~~ ~..ww- ORDER AND NOW, this day of C~~ , 2007, upon consideration of the v U within Petition, it is hereby ordered and decreed that a hearing be held on the /oZ day of <~it~ , 2007, at 9- UU 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. c3~u~~; By the Court, tov'e 'oE ~~ ~,~ ~~~~~~~~~~d ~~ hail -a`T+i p ir•.::,.r ..ges.x: ~':%- fik~%§A+iNhiix-Y~5^:0.~!?F.~,~.~dM @9Aq~RTPIF1449&t .._ ... ~~ ~WM1:ex TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O l - ~i ~F o Z ~c u~-C '~1-~-. LICENSE SUSPENSION APPEAL AND NOW, this 18'" 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 and/or conviction was part of the same criminal episode as another offense(s) and/or conviction(s) which has resuRed 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 and/or 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 prdys Your Honorable Court to hold a hearing to determine the validity of the suspension outlined in Exhibit A. Respectfully submitted, John B. Mancke, 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 SUL-@2-@L 11=@4 PRIES TEL:717-256-939@ P:@2 COMMONWEALTH OF PENNSYLVANIA _..-_ DEPARTMENT OF TRANSPORTATION -~- Bureau of Oriver Licensing --- Mail Datei JUNE 21, 2001 TIMOTHY SPAHR PRIES WID • 011656114263504 OO1 lass WEST LISBURN RD PROCESSING DATE 06/14/2D01 DRIVER LICENSE s 24443106 CARLISLE PA 17013 DA Ti OF BIRTH 01/25/1978 _____ Dear MR_ PAIKtj',:.,.__~__._. This is an 6ffieisl Motive Privilege as authorized by Vehicle Code. As a result violating Section 13A16 of Device and Cosmetic Act, o Of 'the SYepen910n o} your Driving Section 1532C of the Pennsylvania of your 09/15/2000 conviction of the Controlled Suhstance, ArUOr n 09/29/1998: Your driving Privilege i9 SUgPENDED for a Period of 6 MONTN(S) effective 07/26/2001 at 12:01 a.m. Before PennDOT can restore yOUr drivin0 Rrivile0e, you muxt fo11aW the instructions in this letter fur COMPLYING WITH THIS SUSPENSION. PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSUEvenE if YYOUm have served all ither t1 eQ On vthe eareful3Y. ile9enuntilralletheOrequir¢ments BretmetiafieddrivinD pr` y- TH H P I C L HG (tamers Yvu muss return all current Pennsylvania driver's .ic n era ry dr Svar•s licenses You may learner•a Permits, tamp cards) 3n Vour Posaesa3oP on Pr 6efO7j26l2901.2af°~ earlier surrender these items 6efare, ®fter these items aro credits however, You may not drive Surrendered. POR IDENTIFICATION ~$ LICENSE obtain a photo YOU MAY NOT RETAIN YOURuO maYE apply far a^denter For a cast PupppSBY• Howeverr Y0 Driver Lieense C Pf DroPer iden- card at any tYV t2y forma identif Seat You must Present va11d U-5. vOSSPOrt. of 9.00. birth certificate. obtain your Photo t if Station t¢•P-• in order tv amrriage certif Stater etc•i identification c°rd. credit toWSrd Bervin9 enY suspension evmiVe Gappleta the follo.rins YOY Will no# r lioenaeSa)• until we rcknowled0e this suspension- atePa tv a EXHIBIT FR9M: P~RHCkE iAR ,h1ER HERSH E'/ FRR: 23470A9 7u]-17-01 Tue 15:30 PAGE: 05 VERIFICATION 1 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. j~ J v l_y o l Date Timothy S. Pries ,.,~~~ x ~. . TIMOTHY S. PRIES, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4401 No.01-44021/ No. 01-4403 No. 01-4404 CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this / Z " day of dc,/a (y~,/ 2001, the appeal filed in the above referenced matters of four first offense six month suspensions pursuant to Section 1532(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 pefitioner's conviction on September 29, 1998 of a violafion 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 _.~~ ~wno'~~u~n~~ ~~~~n~ o i :£ dad ~' f 1:~0 (~1 ~~1*,14 i~ii . -i yi,I 4d f ,~ ..- 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 Cornmon Pleas of Blair County. BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PemiDOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516. John B. Mancke, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street, Hamsburg, Pennsylvania 17110. /o- i6. o ~• -.mom