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Home My WebLink About04-2850COMMONWEALTH OF PENNSYLVANIA MARLIN HOKE Petitioner : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O q'.Z T ('O TO THE HONORABLE JUDGES OF SAID COURT: APPEAL OF LICENSE SUSPENSION AND NOW, this c~$h- day of (~t.J~ MARLIN HOKE, through his attorney, Sanford A. Krevsky, who petitions this ,2004, COMES Petitioner, following: 1. Petitioner, MARLIN HOKE, is a Pennsylvania resident residing at 56 Circle Place, Camp Hill, PA 17011. On May 19, 2004, Petitioner was advised by the Department of Transportation that his license was to be suspended for violating §3702 of the Vehicle Code, Improper Backing (Exhibit A). Petitioner is permitted to appeal the suspension of his license. Honorable Court to appeal the suspension of his license and, in support thereof, offers the WHEREFORE, Petitioner requests your Honorable Court to appeal the suspension of his license and to lift the suspension of license pending a hearing on this matter. Respectfully submitted, Sanford A. K~vsky, Esquire 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 I.D. # 15560 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 19, 200q MARLIN VANCE HOKE 56 CIRCLE PLACE CAMP HILL PA 17011 WID ~ 041336552251570 001 PROCESSING DATE 05/12/2004 DRIVER LICENSE ~ 14815992 DATE OF BIRTH 05/28/1950 Dear Motorist: As a result of your conviction of violating section 5702 of the Vehicle Code IMPROPER BACKING on 05/05/2004, 3 points have been assigned to your record, Your total point accumulation is 12 points. Since your point record shows an accumulation of 12 points, a sanction of 765 DAY(S) is hereby imposed as man- dated by Section 1539 of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera 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 privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Cpedtt will not begin until all current driver's license Product(s), the DLI&LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IHMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~ectlve date e~ suspension ls 06/23/200~, 12:0! a.m. 0415565522515?0 You will be notified of any outstanding restoration re- quirements 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 You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NAY 19, 200q, of this letter. If you file an appeal tn the County Court, the Ccu~t w111 glve you a time-stamped certt~ted copy of the appeal. In order for your appeal to be valid, you must send this t/me-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO= Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8695 INFORMATION (7=00 IN STATE OUT-OF-STATE TOD IN STATE TOD OUT-OF-STATE AM TO 9:00 PM) 1-800-952-4600 717-591-6190 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA Vo MARLIN HOKE Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. VERIFICATION I, MARLIN HOKE, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statemems made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. MARLIN HOKE COMMONWEALTH OF PENNSYLVANIA MARLIN HOKE Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CERTIFICATE OF SERVICE AND NOW, this ~/b~ day of (~,~ ,2004, I, Aimee L. Paukovits, for the Law Firm ofKrevsky & Rosen, P.C., hereby certify that a copy of the foregoing Appeal of License Suspension was sent by First-class Certified U.S. Mail, postage prepaid, on the following: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104 Aimee L. Paukovits 110l North Front Street Harrisburg, PA 17102 (717) 234-4583 COMMONWEALTH MARLIN HOKE, : Petitioner : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2850 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of June, 2004, upon consideration of Petitioner's Appeal of License Suspension, a hearing is scheduled for Wednesday, August 25, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PETITIONER is hereby directed to file a supplement to the appeal of license suspension within 20 days of the date of this order stating the grounds for the appeal. If no supplement is filed, this appeal shall be deemed dismissed without further order of court. George Kabusk, Esq. Office of Chief Counsel Department of Transportation Motor Vehicle & Traffic Safety Sections 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot Sanford A. Krevsky, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Petitioner BY THE COURT, J , , J' irc COMMONWEALTH V. '. MARLIN HOKE, : Petitioner : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2850 CIVIL TEl?aM IN__~RE_RE: APPEAL O__F LICENSE SUS_~pEN_SIO__N ~ORDER O___F COURT AND NOW, this 6th day of July, 2004, due to a conflict in the Court's schedule, the hearing previously scheduled in the above matter for ,~mgust 25, 2004, is rescheduled to Monday, September 20, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. George Kabusk, Esq. Office of Chief Counsel Department of Transportation Motor Vehicle & Traffic Safety Sections 3~d Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot BY THE COURT, Sanford A. Krevsky, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Petitioner ;rc COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOKE : Petitioner : No. 04-2850 CIVIL TERM TO THE HONORABLE JUDGES OF SAID COURT: SUPPLEMENT APPEAL OF LICENSE SUSPENSION AND NOW, this \'-~%'dayof Q~).k~6~ ,2004, COMES Petitioner, MARLIN HOKE, through his attorney, Sanf0rd A. Krevsky, who petitions this Honorable Court to accept the Supplement to the Appeal of License Suspension and, in support thereof, offers the following;: Petitioner, MARLIN ItOKE, is a Pennsylvania resident residing at 56 Circle Place, Camp Hill, PA 17011. On May 19, 2004, Petitioner was advised by the Department of Transportation that his license was to be suspended for violating §3702 of the Vehicle Code, Improper Backing (Exhibit A). Petitioner is permitted to appeal the suspension of his license as follows: a. Petitioner believed that at the time he took and passed his driving examination as required by PennDot, lhat several points would be deducted from his driver's license. b. Petitioner was advised by his attorney at the time of his hearing before the District Justice that he should enter a plea as his charges were being reduced and that he would not face a license suspension, especially not one of a year period of suspension WHEREFORE, Petitioner requests your Honorable Court to appeal the suspension of his license and to lift the suspension ofli[cense pending a hearing on this matter. Respectfully submitted, DATE: ~A~K[;(~y, E~qquire ' 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 I.D. # 15560 COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOKE Petitioner No. 04-2850 CIVIL TERM VERIFICATION I, MARLIN HOKE, hereby verify that the information contained in the foregoing Supplemental Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. MARLIN HO~kE - MARLIN HOKE Petitioner COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2850 CIVIL TERM CERTIFICATE OF SERVICE ANDNOW, this l?')2¢hdayof ~.kt~l~ ,2004, I, AimeeL. Paukovits, for the Law Firm ofKrevsky & Rosen, P.C., hereby certify that a copy of the foregoing Supplement to the Appeal of License Suspension was sent by First-class Certified U.S. Mail, postage prepaid, on the following: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104 Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2850 CIVIL TERM MARLIN HOKE : Petitioner : ORDER OF COURT AND NOW, this I~ day of -~-'~ ! ~ ,2004, upon consideration of the within Supplement to the Appeal tar License Suspension, IT IS HEREBY ORDERED AND DECREED that a hearing on this matter be held on the 20th day of September, 2004, in Court Room No. I at 9:30 o'clock a.m., in the Cumberland County Courthouse. ..... · :,~-.'-.: .... ,o T ;.-,-.~ q,,~p~.~icm i~ h~~pena~ng the BY THE COURT: J Distribution: Sanford A. Krevsky, Esq. 1101 N. Front St., Hbg. PA. 17102 ~ Penn DOT, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 coMMONWEALTH : MARLIN HOKE, : Petitioner : IN THE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2850 CIVIL TERM ORDER OF cOURT AND NOW, this 20th day of September, 2004, upon consideration of Petitioner'S Appeal of License Suspension, and following a proceeding at which Petitioner'S counsel, Sanford A. Krevsky, Esquire, indicated that Petitioner wished to withdraw his appeal, and at which the Respondent was represented by George H. Kabusk, Esquire, the Petitioner'S Appeal of License Suspension is deemed withdrawn. By the court, /~gorge H. Kabusk, Esquire 'office of chief Counsel 1101 South Front Street - 3rd Floor Harrisburg, Pennsylvania 17104-2516 For PennDOT Janford A. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 17102 For the Petitioner pcb Jo