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Home My WebLink About01-6845GASPARE ANILE Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · .o. LICENSE SUSPENSION APPEAL AND NOW, this ~t'~, day of December, 2001, comes Gaspare Anile, through his attomeys, Mancke, Wagner, Hershey & Tully, who respectfully represent: 1. Your Petitioner is an adult individual residing at 11 Roger Avenue, Shippensburg, Cumberland County, Pennsylvania. 2. The facts and occurrences hereinafter related are as a result of an alleged DUI violation on October 23, 2001 at the at the intersection of South Fayette Street and West Garfield Street in Shippensburg, Cumberland County, Pennsylvania. 3. Your Petitioner has received a notice of suspension for an alleged violation of §1547 of the PA Motor Vehicle Code and a copy of said suspension notice is attached hereto and made a part hereof as Exhibit A. 4. Your Petitioner believes that said suspension is illegal, unjust, and improper for reasons which include, but are not limited to, the following: (a) there was no reasonable grounds to believe that Petitioner was under the influence of alcohol or a controlled substance; (b)Your Petitioner was not properly advised of his dghts and/or obligations relative to the taking of a chemical test; (c) Your Petitioner was mislead and/or confused by instructions and statements made by the officer who requested a chemical test be taken; (d) there was no valid refusal and/or valid or timely request to take a chemical test; (e) Your Petitioner indicated a willingness to take a chemical test but was not properly advised concerning all of his obligations and duties and responsibilities of taking said test; and (f) Your Petitioner was not propedy advised of his rights and/or lack of rights relative to the taking of the chemical test. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the license suspension outlined in Exhibit ^. Dated: Re~y submitted, Johr~ a. IV~'~ck®, Esq., ID No. 0'7212' Mar~ke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner 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. Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 20, 200I GASPARE ANILE 11 ROGER AVE SHIPPENSBURG PA 17257 WID ~ 013176114375730 001 PROCESSING DATE 11/13/2001 DRIVER LICENSE ~ 22057128 DATE OF BIRTH 02/03/1957 Dear MR. ANILE: This is an Official Notice Of the Suspension of your Driving Privilege as authorized by Section 1547 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/Zq/2001: Your driving privilege is SUSPENDED fop a pepiod of 1 YEAR(S) effective 12/25/2001 at 12:01 a.m. WARNING: If you are coevicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a $1,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM I year Period 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 12/25/2001. You may surrender these items before, 12/25/20Ol, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZF~CAT~ON PURPOSES. However, you may apply far and obtain a photo identification card at any Driver License Center for a cost of ~9.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not Peceive cpedit toward sePving any suspension until we peceive youP license(s). Complete the following steps to acknowledge this suspension. 01317&11~375730 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized 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. Piease send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA l?lO&-B693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Pennsylvania Vehicle Code. PAYIN~ THE RESTORATION FEE You must pay a restoration 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 is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. 01317611~375730 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, NOVEMBER 20, 2001, of this letter. If you file an appeal in the County Court, the Court will give you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1TlO~-251& Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return ali current Pennsylvania driver license products to PennDOT by I2/25/2001. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to g:00 p.m. IN STATE 1-800-932-~600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 GASPARE ANILE Petitioner COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION : Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,o. o,_ AND NOW, this ~ day of ~ d c ~-, ~ (~ ,2001, upon consideration of the within Petition, it is hereby ordered and decreed that a headng be held on the ,~2/,4~day of --- ~ ,2~3~/2002, 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 attomey at least sixty days pdor to the date of the hearing. By the Court, GASPARE ANILE, Petitioner COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6845 CIVIL TERM ORDER OF COURT AND NOW, this 12m day of December, 2001, upon request of John Mancke's office, the hearing previously scheduled in this matter for March 21, 2002, at 9:30 a.m., is rescheduled to 2:30 p.m. on March 21, 2002. BY THE COURT, ~tWesley Ole~l~., J. ' John B. Mancke, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner George Kabusk, Esq. Assistant Counsel Department of Transportation rd . 3 Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc GASPARE ANILE COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TP~ANSPORTATION,: BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6845 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 21st day of March, 2002, upon consideration of Petitioner/Appellant's motion for a continuance of the hearing in this case due to confusion caused by the closing of the courthouse earlier today, and without objection on the part of the Respondent/Appellee, the Commonwealth of Pennsylvania, Department of Transportation, represented by George Kabusk, Esquire, the hearing in this license suspension appeal case is continued generally, and counsel are requested to contact the Court's secretary for purposes of rescheduling the hearing. By the Court, j~lWesley G~, Jr., J. ~-~e/'eorge Kabusk, Esquire Attorney for Respondent/Appellee /~John B. Mancke, Esquire Attorney for Petitioner/AppellantI GASPARE ANILE, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6845 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 2002, upon agreement of counsel, the hearing previously scheduled for March 21, 2002, is rescheduled to Monday, June 17, 2002, at 10:45 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /John B. Mancke, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner ,,,George Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfi'ont Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc GASPARE ANILE Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6845 CIVIL TERM PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the above-captioned License Suspension Appeal. Dated: June 5, 2002 i~'No. 07212 Mancke, Wagner & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner GASPARE ANILE, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6845 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of June, 2002, upon consideration of the attached letter from John B. Mancke, Esq., the hearing previously scheduled in the above matter for June 17, 2002, is cancelled. BY THE COURT, '~'ohn B. Mancke, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner /George Kabusk, Esq. Assistant Counsel Department of Transportation 3ra Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent J///Wesley Ole ~r~J~, irc JOHN B. MANCKE P, RICHARD WAGNER WILLIAM T, TULLY LAW OFFICES MANCKE, WAGNER & TULLY PHONE (717) 234-7051 FAX (71 ?) 234-7080 June5,2002 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Gaspare Anile v. Comm. of PA, Dept. of Transportation No. 01-6845 Civil Term Dear Judge 01er: Please be advised that I represent Gaspare Anile who has indicated that he wishes to withdrawal his License Suspension Appeal scheduled for June 17, 2002 at 10:45 a.m. I have filed a Pmecipe to Withdrawal with the Pmthonotary's 0fr~ce and I have also notified George Kabusk, Esquire of our withdrawal of the License Suspension Appeal. Should you have any questions, please do not hesitate to contact me. Very Iruly yours, JBM/hm