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Home My WebLink About03-5540JOSEPH HOEFFEL, ¥. : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes your Petitioner, Joseph Hoeffel, by and through his attorneys, Mancke, Wagner & Spreha, and files the following License Suspension Appeal dated September 23, 2003: 1. Your Petitioner, Joseph Hoeffel, is an adult individual currently residing at 1908 Lycoming Avenue, Abington, Montgomery County, Pennsylvania, 19001. 2. The Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Hamsburg, Pennsylvania. 3. Petitioner received the attached Notice of Suspension, which said Notice is attached hereto, incorporated herein by reference and made a part hereof, and marked as Exhibit A. 4. The appeal is as a result of a guilty decision at the dislrict justice level in the Cumberland County, Carlisle, Pennsylvania. 5. Petitioner has filed a timely appeal from that conviction, having been docketed on September 23, 2003, at criminal number 03-1990, in the Court of Common Pleas of Cumberland County. 6. Petitioner believes and therefore avers that the hcense suspension contained herein is invalid, null and void for the following reasons: A. The Petitioner has filed a timely appeal to the finding of the district justice for an alleged violation of 18 Pa.C.S.A. §6308(a); B. Petitioner beheves that there is merit to the district justice appeal and that he will be successful in the appeal; C. The license suspension is not as a result of a conviction from the Court of Common Pleas; and D. The license suspension is in appropriate at this juncture. -2- 7. For the above reasons, Petitioner prays this Court to grant his license suspension appeal and restore his operating privileges in the Commonwealth of Pennsylvania. Respectfully submitted, Mancke, Wagner & Spreha ~er, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Joseph Hoeffel Date: VERIFICATION I verify that the statements made in the foregoing 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. 00T-]7-03 ?R! 12:28 PM. 0 F~× NO, 0000000000 ?, 02/05 COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Dr~ver Licensing Mail Dater SEPTEMBER 23~ 2005 JOSEPH CARLO HOEFFEL WID ~ 0325961~7080447 001 ,1908 LYCOMING AVENUE PROCESSING DATE 09/16/2003 DRIVER LICENSE ~ ~6110073 /ABINGTON PA 19001 DATE OF BIRTH 07/05/1982 Uear"MR.-HOEFFEL~ -., As a result of your violation on 05/10/200~ of violating Section &SOB Coffenses related to alcohol), your drivlng privilege i~ being SUSPENDED for a period of ! YEARCS) as mandated by section 2652D of the vehic2e code. The e~fect~Ve date of suspension ts 10/28/2003, [2t01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should ~ollo~ ALL instructions very oaPefuZZ¥. Even t~ you have served al[ the time un the $~spenaion/nevooat~on, we ca~not restope youP delving pplv- ~[ege untO2 a[~ the ~equ~eements a~e satisfied. COMPLYING NITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, ~earner~s perm~ts~ temporary driver's licenses (camera cards) in your possession on or before 10/28/200~. You ma~ surrender these items before, 10/28/2005, for earlier credit~ however, ~ou may not drive after these items are surrendered· -~ . .... YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES, However, you may apply for and obtain a photo ~dentif~cation card at any Dr~ver License Center for a cost of $lO.OO. You must present two (2) forms of proper iden- tification Ce.g,, birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identiflcat~on card. You ~11[ ant11 ~e steps to nat eecelve credit toward serving any suspension receiVe ~ou~ [~cense(s). Complete the follo~ng acknowledge this suspension. Return all current Pennsylvania driver's licenses, /earner's permits and/ar camera cards to PennDOT. If You do net have any of these items, send a sworn nora- OCT-l?-03 FRI 12:2 PM. 0 FaX NO, O0000OO000 ?, 03/06 0~2596157060qq7 rized letter stating you are aware of the suspension of your driving privllege. Yau must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes, Please send these items Pennsylvania Department of Transportation Bureau cf Driver Licensing P.O, Box Harrisburg, PA Up~_receip~.,.review and acc£.p_ta~ce.~.~ driver's license($)~ learner's permit(s)~ and/ar a s~orn notarized letter~ PennDOT wlll send you · receipt con- firm/nS the date that credit began, If you de net re- ceive a receipt from us ~ithin ~ weeks, please contact our office. Otherwise~ you will not be given credit toward serving th~s suspension. PennDOT phone numbers are listed at the end of this letter. [f you do net return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police far prosecution under SECTION 1572Ca)(fi) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restaratio~ fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee~ complete the following steps~ 1. Return the enclosed Application for Restoration. The amount due ts listed on the application. 2. Write your driver's license number (/isted on the first Page) on the ch~k or mene~ order to ensure proper credit, Fellow the PaYment and mailing instructions on the back of the application. PROVZDING PROOF OF INSURANCE Within the last $0 days of your suspension/revocation, we wil! send you a letter asking that you provide proof of in- surance at that time. This letter wll! ~ist acceptable documents and what wiZl be needed tf you do not own a vehicle registered in Pennsylvania, X~DOPta~t: Please make sure that PennDOT is notified if move from your current address. You may notify PennDgT of your address change bv calling any of the phone numbers listed at the end of this letter. 00T-17-03 FRI 12:26 PH 0 - F~X NO, 0000000000 P, 04/05 0~2596157080~47 ~PPEAL You have the right to appeal this action to the Court of Common Pleas CCivil Division) within $0 days of the mai! date, SEPTEHBER 25, 2OD3, of this letter. If you file an appeal tn the County cnurtj the Court wtll give you a t/me- stamped caprioled coPY Df the appeal. In order for your appeal ~o be Valid, you must send ~his time-stamped certi- f/ed copy of the appeal by certified mai! Pennsylvania Department of Transportation ........ O~f~ce o~.Chief Counse! ................... Th/rd Floor, R~verfront Off/ce Center Harrisburg~ PA Remember, this ts an OFFZCZAL NOTZCE OF SUSPENSZON, You must return al! current PennsYZvania driver license products to PennDOT bY 10/28/2005, Sincereiy~ Rebecca L. Bickley, Director Bureau of Driver Licensing INFORHATZON 7zOO a,m. to 9:00 p.m. IN STATE l-SDO-932-q600 TOD IN STATE OUT-OF-STATE 7~7-~9~-6190 TDD OUT-OF-STATE NEB S~TE ADDRESS www.dot,state.pa.us 7~7-S9~-619~ 00T-17-03 FRI 12:27 PM 0 - F~× NO, 0000000000 ?, 05/05 JOSEPH HOEFFEL, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING AND NOW, this ay of ~-~4~v, ,2003, upon Petition of JOSEPH HOEFFEL, a hearing is set on the License Suspension Appeal for the ~, day of ~~ ,~300~,at /d:~ o'clock R~.m. in Courtroom No. / ofthe Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. 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. Pursutu~ tx, §1550(b) of tho Ponncs,bzar';o l~4ntnr Vehicle Code P ? ' ' ,~.4 oo o~, ,~,,t,,,,,adc supersedeas, and Pettttoner's ope~ath,~ v,~,,ilcgcs ohall net I~ '~,~,~n~d Distribution: · Prothonotary's Office Orifice of Chief Counsel, Penn DOT 1101 S. Front Street, Harrisburg, PA 17104-2516 P. Richard Wagner, Esquire 2233 North Front Street, Harrisburg, PA 17110 JOSEPH HOEFFEL, COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes your Petitioner, Joseph Hoeffel, by and through his attorneys, Mancke, Wagner & Spreha, and files the following License Suspension Appeal dated September 23, 2003: 1. Your Petitioner, Joseph Hoeffel, is an adult individual currently residing at 1908 Lycoming Avenue, Abington, Montgomery County, Pennsylvania, 19001. 2. The Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania. 3. Petitioner received the attached Notice of Suspension, which said Notice is attached hereto, incorporated herein by reference and made a part hereof, and marked as Exhibit A. 4. The appeal is as a result of a guilty decision at the district justice level in the Cumberland County, Carlisle, Pennsylvania. 5. Petitioner has filed a timely appeal fi-om that conviction, having been docketed on September 23, 2003, at criminal number 03-1990, in the Court of Common Pleas of Cumberland County. 6. Petitioner beheves and therefore avers that the license suspension contained herein is invalid, null and void for the following reasons: A. The Petitioner has filed a timely appeal to the finding of the district justice for an alleged violation of 18 Pa.C.S.A. §6308(a); B. Petitioner beheves that there is merit to the disthct justice appeal and that he will be successful in the appeal; C. The license suspension is not as a result of a conviction from the Court of Common Pleas; and D. The license suspension is in appropriate at this juncture. -2- 7. For the above reasons, Petitioner prays this Court to grant his hcense suspension appeal and restore his operating privileges in the Commonwealth of Pennsylvania. Respectfully submitted, Mancke, Wagner & Spreha ~ard Wagner, Esquire I.D. #23103 2233 North Front Street Hamsburg, PA 17110 (717) 234-7051 Attorneys for Joseph Hoeffel Date: -3- VERIFICATION I verify that the statements made in the foregoing 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. OCT-~7-OS FRI ]2:26 PM 0 F~× NO, 0000000000 P, 02/05 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dater SEPTEMBER 23, 2003 JOSEPH CARLO HOEFF£L WID ~ 03259613708D447 001 ,1908 LYCOflING AVENUE PROCESSING DATE 09/16/2003 DRIVER LICENSE ~ 26110073 /ABINGTON PA 19001 DAT£ OF BIRTH 07/05/1982 Dear-HR.-'MOEPFELr .......... As a result of your violation on 05/10/2003 of violating Section 6308 (offenses related to alcohol), your driving privilege ts being SUSPENDED for a period of ! YEAR(S) as mandated by section 2532D of the vehicle code. The e~feet~ve data of suspension le 10/28/E003~ ZltOl a.m. Before Penn~OT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDINS PROOF OF INSURANCE. You should fo[[a~ ALL ~nstPuct~ons vep~ ¢apefu[Z¥. Even ~f ~ou have eepved alt the time gn the suspenaien/~evecatlon, ue cannot restore your driving pplv- 1leer until al2 the peq~eements a~e satAsf~ed. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 10/28/200~. You ma~ surrender these items before, 10/28/2005, for earlier credgt~ he.ever, you ma~ nat drive after these items are surrendered. -.. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES, However, you may apply for and obtain a photo identification card at any Driver License Center far a cas~ of ~lO,OOo You must present two (2) forms of proper /den- tification (e,g,~ birth certif/cate, va/id U.S. passport~ marriage certificate, etc.) in order to obtain your photo identification card. You until we steps to nat eecelve credit to~ard serving an~ suspension receive ~ou~ l~cenae(s), Complete the following acknowledge this ~uspensian. Return all current Pennsylvania driver's licenses, learner's permits and/ar camera cards to PennDOT. If You da not have any of these items, send a s~orn note- OOT-17-O FBI 12:26 PM. O NO, OEO0000000 P, 03/06 0:~59~,157080~7 razed letter stating you are aware of the suspension of Your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember~ You may not retain your driver's license for identification purposes. Please sand these Atoms to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O, Box Harrisburg, PA U~A~-receip~.,.~eview and acc£.p~ance.~.f you~en~A~_~.~an~p ............. driver's license(s), learner's permit(s), and/or a sworn notarized letter~ PennDOT wil! send you a receipt con- firmAn~ the date that credit began, If you do not re- ceive a receipt from us ~Athin ~ ~eeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at ~he end of this letter. If you do not return all current driver license pro- ducts, ~e must refer this matter to the Pennsylvania State Police for prosecution under ~ECTION of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your drivin~ privilege. To Pay your restoration fee~ complete the feliowing steps~ 1. Return the enclosed Appl~cation for Restoration. The amount due is listed en the applicatlon, 2. ~rite your driver's license number (/isted on the first page) on the ch~Fk or mone~, order to ensure proper credit. ' ..... 5. Follo~ the payment and mailin~ instructions on the back of the application. PROVIDING PROOF OF INSURANCE N/thin the last ~0 days of your suspension/revocation, we w/ii send you a letter asking that you provide proof of in- surance at that time. This letter wall list acceptable documents and ~hat wall be needed Af you do not own a vehicle registered in Pennsylvania. ZmDoPta~t: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of Your address change by calling any of the phone numbers listed at the end of this latter. NO, O00OO00000 ?, 04/0~ APPEAL You have the right to appeal this action to the Court of Common Pleas CCivil D/v/sion) within 30 days of the mail date, SEPTEMBER 25, 2003, ef this letter. [f you ~i/e an appeal in the Countv court, the court wi1! give you a time- stamped certt~led copy of the appeal. In order for your appeal to be valid, you mast send this time-stamPed certi- fied copy ef the appeal by certified mail to~ Pennsylvania Department of Transportation ......... O~fica o~.Chief Counsel ............... Th/rd F~oor, Riverfront Office Center Harrisburg, PA 1710~-2516 Remember, this is an OFFZCZAL NOTZOE OF SUSPENSZON, You must return all current Pennsylvania driver license products to PennDOT by 10/28/200~, Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7=00 a.m, to 9:00 p.m, IN STATE 1-800-952-4600 TeD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.u~ 1-800-228-0676 717-~91-~191 00%17-03 F~I 12:27 PN 0 FAX NO, 0800000000 P, 05/05 r~ r~ 0 JOSEPH HOEFFEL, COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5540 - CIVIL TERM LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: Please withdraw the above-captioned license suspension appeal, Respectfully submitted, Mancke, Wagner & Spreha ~hard Wagner, Esqufl'e I.D. #23103 2233 North Front S~'eet Harrisburg, PA 17110 (717) 234-7051 Attorneys for Joseph Hoeffel Date: JOSEPH HOEFFEL, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5540 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2004, upon consideration of the attached letter from p. Richard Wagner, Esq., attorney for Appellant, and the praecipe filed August 20, 2004, withdrawing the license suspension appeal, the hearing scheduled for January 8, 2004, is cancelled. chard Wagner, Esq. mey for Appellant ~A~;rge Kabusk, Esq. mey for Appellee :rc ,> BY THE COURT, MANCKE, WAGNER & SPRP'HA July 29, 2004 The Honorable j. Wesley Oler Attn: Ruth Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Joseph Hoe/Tel Dear Ruth: Enclosed herein please find an Order dated December 9, 2003, signed by Judge Bayley to which I respectfully draw your attention regarding violation 6308 of the Crimes Code. . The Defendant was found not guilty of that charge. It was that charge that was the subject of a license suspension appeal that was scheduled before Judge Oler on January 8, 2004. Because the ' - · underlying underlying citation was favorably resolved to my client, the suspension is therefore not at issue. Your attention is appreciated. PRW/dks Wagner Enclosure