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Home My WebLink About01-04979DONALD LEE KITNER v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No ~3/- ~19~q Clv( ~ LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~b~ay of ~, 2001 upon consideration of the within Petition of Donald Lee Kitner, IT IS HEREBY ORDERED AND DECREED that a hearing is set on the License Suspension Appeal be held on the~"day of~2001, ate =c~.S o'clock ~.m. in Courtroom Number ~, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, to determine the validity of the suspension outlined in Exhibit "A" Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. BY THE COURT: /~ / Distribution: Prothonotary's Office George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 John B. Mancke, Esquire ( ~.4,,.-QeeO 2233 North Front Street, Harrisburg, PA 17110 J. 5'- ~~'O ~ A `~/~°%!~ \I ' A •11N~~~~~7~y~j,~ti~ Ana ~ 1 : ~ N~ t i 4~ ~'~' f !1 ~, , d~'~%1C,~', DONALD LEE KITNER v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~` ~~7 ( Cr1/1 ~ LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, this 23rd day of August, comes Petitioner, Donald Lee Kitner, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Donald Lee Kitner, is an adult individual residing at Second Street, Post Office Box 82, New Cumberland, Cumberland County, Pennsylvania. 2. Petitioner has received notification of a loss of license based on accumulation of points which loss of license is for 165 days pursuant to notice which is attached hereto and made a part hereof as Exhibit "A". 3. Petitioner believes that the suspension is illegal, unjust, and improper for reasons which include but are not limited to the following: a. Petitioner was not guilty of the offense of §3322 of the Motor Vehicle Code alleged to have occurred on July 31, 2001. b. Said suspension is the result of miscalculation and/or improper calculation or assignment and assessment of points to his driving record. c. An appeal is pending on the underlying violation. WHEREFORE, Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the suspension outlined in Exhibit "A". Date: 08/24/01 B J 2 Harrisburg, PA 17110 (717) 234-7051 Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Y ohn B. M ncke, Esquire 233 Nort Front Street 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. ~Z~/ z~i r~~2~ ~~.~ Date CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHEY &TULLY, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 24"' day of August, 2001, at the address listed below: George Kabusk, Esquire PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 Tammy L. Kelly MANCKE WAGNER HERSHEY &TULLY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 22, 2001 DONALD LEE KITNER ^12276111598764 QQ1 2ND STREET ^8/15/2001 PO BOX 82 151Q3961 NEW CU178ERLAND PA 17Q7Q 07/11/1952 w Dear Motorist: As a result of your conviction of violating section 3322 of the Vehicle Code FAILURE TO YIELD on 07/31/2001, 3 points have been assigned to your record. Your total point accumulation is 11 points. Since Your point record shows an accumulation of 11 points, a sanction of 165 DAYCS) is hereby imposed as mandated by Section 1539 of the Vehicle Code. Irt order to comply with this sanction You are required to return anv current driver's license, learner's permit and/or temporary driver's license Ccamera 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 fo_r prosecution under SECTION 1571Ca)C4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you da not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this $ureau. 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 $E GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date 0 EXHIBIT ~ ~_ a 09/26/2001, 12:01 a.m. 012276111598764 Please see the enclosed application for restoration fee information. 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 Yau have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 22, 2001, of this letter. If you fiile an appeal in the County Court, the Court will give you a time-stamped certified copy ofi 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: Pennsylvariia'Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Sincerely, SEND FEElLICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.D. Box 68693 Harrisburg, PA 17106-8693 C~S.~~.~• ~~, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION C7:00 IN STATE OUT-OF-STATE TDD 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 :~ TJ (~ ~' ~ a_~ ~ -_ ~ h Sri n . swrm~rtmrxm~e~eea r~pt~q„ A"~ ~ "~.fs.s. , . +a -.:.s s-.~.., ~.._: n ;~as~~ cn -aa .. , x.. swr.:v*-+ nr -~l3•l~i'~F'xulfii.. DONALD LEE KITNER v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4979 CIVIL LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW Please withdraw the above-captioned license suspension appeal. Resp~ctf~ully submitted, Dated: November 12, 2001 John B. ~1Aancke, Esq., ID No. 07212 Mancke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner 2 ~ c , ~ :~ ' , ~ = ~ „ x~ ; ~ ~~ _ .~- ,. ~~" - < :> ter. ='' ~_ --, ra> r .-, DONALD LEE KITNER, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4979 CIVIL TERM ORDER OF COURT AND NOW, this 14a' day of November, 2001, upon consideration of the attached letter from John B. Mancke, Esq., the hearing previously scheduled in this matter for December 3, 2001, is cancelled. BY THE COURT, John B. Mancke, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner George H. Kabusk, Esq. Assistant Counsel Department of Transportation 3`d Floor, South Office Building 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent ~~ 3~"~ ~,~,o «:; 0 &'°°' :rc ,~ ~'lN~'~7ASS~iN~d n .~l.tdflL?~ ~1 ~.:~ 1.;w~1~~, ~~ ~~1:u f.':~ ul i`1~1~1 I~ A~'.~ ~.; ~~~_:'J'tli , m~mAD~I _ ._ .- mmE, ass s ^.~^.asg -wo±vgs a~r.~aaw~t.a~..^pa.~.c~.w. xaa wsens.~..am¢wua~rs~~?ssfl~-'~}~~ ~" LAW OFFICES MANCKE, WAGNER, HERSHEY &TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER HARRISBURG, PA nno DAVID E. HERSHEY WILLIAM T. TULLY November 12, 2001 Hon. J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Donald Lee Kitner v. Comm. of PA, Dept. of Transportation No. 01-4979 Civil Dear Judge Oler: PHONE Oi7)234J051 FAX (717)234-]ORO Please be advised that I represent Donald Lee Kitner relative to a license suspension appeal. You scheduled a hearing for December 3, 2001 at 2:45 pm relative to this matter. I have filed a Praecipe withdrawing the appeal since Penn Dot has corrected the driving record after the underlying charge was amended to a non-point violation, thereby rendering the 165-day suspension invalid/moot. I'm enclosing a copy of correspondence from George Kabusk, Esq. outlining the fact that the Department has corrected the record and we have therefore file a Praecipe to withdraw the appeal, making the hearing scheduled for December 3`d unnecessary. V my yours, ~~ Jo B. Mancke JBM/hrc cc: George H. Kabusk, Esq. Donald L. Kitner ~1~V 1 4 ~CCi