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HomeMy WebLinkAbout01-04404TIMOTHY S. PRIES Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o ! - U ~f o y Cc~.-P. 1-`-- ORDER AND NOW, this ~ ~ day of , 2001, upon consideration of the within Petition~~itgqis hereby ordered and decreed that a hearing be held on the L day of .Lbxl.P,~L , 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, - f~/~ J. G~t~ CA.~"''J / l) ,730-oi RYS ~),j}O IJ~)~QUOI~~~~ v~ ~~~ ~_ ~~"~~ F~_, mew,~wsw~+ry..gm~+ TC~a `~€c~E TIMOTHY S. PRIES Pettioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF GOMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. n l - ~I yo y ~-v~-t T~- 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 and/or conviction was part of the same criminal episode as another offense(s) andlor 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 and/or; (f) said suspension is illegal and not in compliance with the Drug Act and/or the Pennsylvania'1fAotorVehlcle Code. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the suspension outlined in Exhibit A. Respectfully submitted, Johr~6. Mancke, Esq., ID No. 07212 Man e, Wagner, Hershey 8 Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: July 18, 2001 JUL-92-91 11:94 PRIES T~717-256-9399 P:91 COMMONWEALTH OF PEHNSYLYAHIA AEPARTHEN7 0P TRANSPORTATION Bureau of Ariwer Licensing Hail Date; JUNE 27, 2004 TIfl4THY SPAHR PRIES WID # A117173O24D3d91 nD3 1485 i~EST LISBCIRN RD PR9CESSING DATE Q6/2al'~DD1 DRIVER 1,ICENSE # d4u411C16 CARLXSLE PA 27[]13 RATE OF BIRTH t]1I25/1578 Dear HR. PRIES: _ This is an Official Notice of th! suspension Of your Drir34n Priwilcge as authorized by Section 153ZC of the PennSYlvania vehicle Cnde. As a result pf your 09/15/Z000 conviction of vialatiny Section 13A16 of the Controlled Substance, Drug, D¢vice and Cosmetic Act. on p912911946: Your driving prxvfiieea is SUSPENOEit for a period of 6 MONTN(s) effective 07/26/2002 at 12:01 a,at. This suspension is in addition to any other suspensions al- ready an your retard. CONP~ING WI TN CIS SU£PENSIUN Yau must return all current Pennsylvania driver's licenses. SearnEr's Rermits. temROrary tlriVer'$ licenses CCamera cards) in your passessi on on ar before D7f 26l2D61. Yau may surrender these items before, 07/26!2001, for earlier credit; however, you nay not drive after these items arc surrendered. YaU MAY NaT RETAIN YOUR IIRivER'S LIC@NSE FaR xDENTIPxCATION PUKPCSES. However, you may aPP1Y far and obtain a photo - -&de+rki~Fir~rrkz-vn~terd'mt-anYZtrf'ver'License C•elite~ figr~~a~cgs~ afi 4.00. You must Rrasent two C2) forms of proper Sdan- tification te.g., birth certificate, valid ll.5, passport. a;arriaye certificate, etc.) in anger to obtain your photo identification card. You Wiil nOt Taoeive credit torinrd gerv3.n9 nny euapensian ultt:ll we receive YOUr liGOns¢(e). Complete the falloHin9 St®ps to ackngKled9e this suspension. 1. Return all current pennsylvattia driver's licenses, learner's Rern~its andlgr camera cards to PennDUT. If you da not have any of these items. sand a sworn nata- rized letter stating Yau are aware of the suspension of your driving privilege. Vou must specify in Yaur letter why Yau are unable to return your driver's license. FROM: nGNCKE iJR BNER HERSHE'1 FRX: 23n 70fl0 Su]-17-0t Tue 15:31 PRGE: 07 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 unswom falsification to authorities. ~- J~~~ p I _ fig- ->° p.- _ _ Date Timothy 5. Pries y z TIMOTHY S. PRIES, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4401 No. 01-4402 1Vo. 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 ©tio ~r°' , 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 tlINHAIASNN3d ,~vno~ ct~h~'f~l~'~Nlfi~ 61 ~~; ~d Z 11Jil E Q ..~ s. ~~..r:p. KtN~ery€t'1^.. ih Y^e cs €':",'°Rl.~ _.. ,,. ~i 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, PemiDOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516. Jolm B. Mancke, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street, ~ ~ Harrisburg, Pennsylvania 17110. /v-is'n~ ~ ~7` P~~