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Home My WebLink About01-04403TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p I _ ~/ 403 ~e,uiF ~.tc,r-• ORDER AND NOW, this, day of , 2001, upon consideration of the within Pe/tition/, i_t~is hereby ordered and decreed that a hearing be held on the /o~,~day of l ~~f~U.P~ , 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. By the Court, C°~-p-~ 7:3o-oi R 5 0 TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, pEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o/- yYo3 ~~ 7-.~~,Y... LICENSE SUSPENSION APPEAL AND NOW, this 18'h 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 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 and/or faulty certification from a lower court and/or; (e) the suspension is untimely andlor; (f) said suspension is illegal and not in compliance with the Drug Act and/or the Pennsylvania Motor Vehicle Code. 0 WHEREFORE, Your Petitioner prays 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,YVWagner, Hershey 8~ Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: July 18, 2001 2 JUL-02-01 11:94 PRIES TEL:717-259-9390 P:(d4 COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRaNSPOkTATION Bureau of Driver Licensing Nail Oate: JUNE 27, 2001 TIMOTHY SPAHR PRIES WID i 011717302403091 OD1 1Ab5 WEST LISBURN RD PROCESSING DATE Obl2D/2001 DRIVER LICENSE • 244411010 CARLISLE PA 17013 DATE OF BIR7N pl/2511976 Dear MR. PRIESs This is an Ofifi ieial Ngtiee a7 the Suapaneion of your t)riving Privilege as authorized pY Section 1932C °f the Pennsylvania Vehicle Code. As a result of Your 09/15/2000 conviction of violating SaCtion 13A30 of [he Controlled Substance. Drug. Device end C°Smetic Act, on 09!29/1998: Your driving privilege is SVSPEN6ED 4or a period of 6 MOMTN(5) effective 01/26/2003 at ia:0i a.m. This SUSpensivn is in addition t° any other susoensians al- ready vn Your record. rOMPLYIN6 WITH THIS SITS PENSION You must return all current Pennd~iver~s dlicensesli(camera learner's permiCS, temP°rary cards] in your possession on or befdy`26/200~'20fo~ earlier surrender these items before, credit; hvwerer, YoumaY not drive after tfiese items are surrendered. _ YOV MAY NOT RETAIN VDUR DRIVER'S L=cEnr eendR obt a'in pa CPh°D° PURPOSES. However. You may apm1Y f ,_ ._ idant-i.fiemtion~-amustmpresentr tw 0f Z] forms evf BProPeraident of 4.80• You m valid U•5. o~~aphvty tifiCativn (e.g-. birt tcc ;rt it i order t° o0tain Y marriage certif Kate, identification card. ®ugpaneion You will n°t reooive credit tewa rd C°mPleaeathe foilvwing until we receive Your license(m)• steps to acknowledge this suaPensivn- driver's licensas• current Pennavlvania If 1, Return ali learner's Permits and/vr ~amert ems~dsend a swolrn •nvta- yvu de n°'t have any °fo~ ha re aware of the suspension of rizad letter stating Y You must specify in YOY~icensar your driving Privilege• why You are unable td return Yovr driver s EXHIBIT a J ~~ a ;, JUL-021 11:94 PRIES 011717302403091 TEL:717-258-9390 P:05 ~i Remember: Yau may not retain Your driver's license for identif ieatianpennsylvaniaPDepartment of®TransPOrtation Bur eau of Driver Licensing P.O. 8oX 68693 Harri shurg. PA 17186-8643 2. UPan receipt, review and acceptance of your Penn`s Ylvanla driver's licensals)r learner's wermit(s). and/or a sworn notarized letter. PennpOT will send Yau a receipt con- firming the date that credit began. Ifi you dg nwt re- _ _ _ __.~~~._~-~p~ •#f•em ur M-i tiHn-$--~wasie3. Pieria-~antact~-~ our office. otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers era listed at the end gf this letter. 3. If You do not return all current driver iicense pra- ducts, vo moat refer this matter to the Pennsylvania State Felice for Prosecution under SECTION 1571<a)ea) pf the Pennsylvania Vehicle Cade. PROVZDLNG PROOF tlF INSURANCE Mithin the last 30 daY3 wf your suspension/revoeatinn, we will send ywu a letter asking that You provide Proofi of in' surwnce at that time. This latter will list acceptable documents and what will be needed if you do not oun a vehicle registered in Pennsylvania. Important: Please make sure that Yw un may notify fPennDOTYaf move from your current address- ydur address change by calling ^nY of the phone numbers listed at the end of this letter. _ __ _ ~eeg.yu....._..T. _ _... You 7+a ve the right tw appeal this action to the Court wf Common Pleas CCivil wfvthisn letter in Yf ynuyf33e anh appeal date. JUNE 27. 2001. ive you a tlme~stampetl in the cmunty court, the Court wilt g CBrtifiad COPY of the appeal 'time-stamwedfcertifiedbcuwY of be validr You must sand this to: the appeal by certified mat; Cation pennsYlvania Department of Transpwr Office of Ghief counsel Third Floor.PRAiv~71o4n2516f ice Center Harrisburg. yPu Remember, this is an OFFICIAL NOTICE OP BUSPHMSIQN. must return bay1107f ZB~z~O3 ennsYlvan is driver ilcensa products to PannDOT FROM: MgHCKE 41q GMER HERSHEY Fq K: 7.347OAO 7u1-17-O1 Tue 15:32 PgGE: OR 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 unaworn falsification to authorities. f ~- J v L `l ~ l ~-.~ ~` Date Timothy S. Pries TIMOTHY S. PRIES, PETITIONER IN THE COURT OF COM~vION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4401 No. 01-4402 No:Ol-4403/ No. 01-4404 CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this / ?/` day of ~A~'J 1-'" , 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 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 ,~.., ~I{~lt~AIASNN~d ,~1NfiC~ ~~~Q~QIf°~Q~ 61 ~£ ~#d Z l 1JD l Q .., tli .~j .~`~ ~~13~fC~ -CIS 9s~ 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 J. DISTRIBUTION: George H. Kabusk, Esquire, Pem~DOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516. ~~,,,~~" Jolvi B. Mancke, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street, --/`~- ~`""~"'~ Harrisburg, Pennsylvania 17110. /a-iS v~