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Home My WebLink About02-0125COLIN G. FOLTZ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Colin G. Foltz, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Colin G. Foltz, is a Pennsylvania licensed ddver with a residence address of 1213 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension by way of letter dated December 10, 2001 from the Department of Transportation indicating that his Pennsylvania ddving privileges are to be suspended on January 14, 2002 at 12:01 a.m. for a period of six (6) months for a violation of Section 3367 of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. The proposed suspension is illegal, improper, and invalid for some or all of the following reasons: a. Petitioner's summary conviction is presently on appeal in Cumberland County Court and a headng has not yet been scheduled.. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of December 10, 2001 and schedule a headng to determine the validity of the suspension proposed by the Department in Exhibit "A". Date: Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY By ~,'/' David"El-' Fl~'~shey, Esquire I.D. #~.3092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 VERIFICATION I vedfy that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. David E. Hershey, Esquire 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 8~ day of January, 2002, 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 t) ' MANCKE WAGNER HERSHEY & TULLY ?'1 TT05¢415 CC~THON~ALT~ OF P~NNSYLVAHXA D~PARTH~NT DF TRANSPORTATION COLZIi G POLTZ PKOC~SSZNG D&T£ !.- ;7 P.OO1/17D~ F452 D~z~r FIR. FOLTZ-~ - Your u~iving ~riv~lege is · oI].ew ~he &nstrbc~/ons tn thXs Xetter TA~ SUSPENSION, PAYZ~G THE i~,~nt~f~catian c.~d a~ any Dr~ License Cente~ ¢'~r.~ ~p ~,. Z. U~oh rec~t, rlv~v mod aGceptanc~ of ar~ )istsd a~: the e~ of th~s 2e~ter. 3. ~f you ~o ~t ro~urn al~ curr~nt 4~ver ;:,.i:= ~N~ Tfl~ RESTO~ATZ0~ F~E Y4q mU;t pa~ a restoration fee to Pen~.OT ~o I, ~c'~urn the ,~nclo=ed Application for 9~ount due ~ ~5~44 on the aO~icntidh. Of ~he ~pp~:tcati~n: rcg:~s~er-d tn Pennsy~v~n&a- yaur a¢~res= change b~ calling any of the ~hone C~.t~on PZ~a~ (C1~2 D/v~on) vtth/n 30 days penns~lv~.~a Depar~maflt of Trans~rtat&On Th~r~ FXo])~, R~ver~roht Of~ic~ Ceo~Er Xarrisbum~ PA ~it return all ~o Peri,DOT ~ 01/14/~D02. Stncere2~, XN STATE OUT-~F-$TATE TDD ~.N $~ATE z~: WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COPY OF THE ORIGINAL FILED iN THIS ACTION BY ATTORNEY LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY AITORNEY COLIN G FOLTZ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER OFCOURT AND NOW, this/4; ~ day of~, 2002 upon Petition of Colin G. Foltz, a hearing is set on the License Suspension Appeal for the ~ day of ~O./z~_..~ . 2002, at ~ ,' ,~ o'clock~..m, in Courtroom Number F , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said headng shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BY THE COURT: Distribution: Prothonotary's Office George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 COLIN G. FOLTZ, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-125 CIVIL LICENSE SUSPENSION APPEAL AND NOW, this above referenced matter is: ORDER day of t0~ ~,~ ,2002, the appeal filed in the __ DISMISSED and the suspension that is the basis of this appeal shall be REINSTATED. __ SUSTAINED and the suspension that is the basis of this appeal shall be RESCINDED. __ WITHDRAWN by the petitioner. REMANDED to the Department to correct the record to reflect that the motorist was found not guilty of a violation of Section 3367 of the Vehicle Code, relating to Racing on Highways, violation date September 2, 2001', which is the basis of the Department's action, and to RESCIND the suspension which is the subject of this appeal. __ CONTINUED and RESCHEDULED for the day of ,2002, at _.m., in Courtroom Number __ Pennsylvania. in the Cumberland County Courthouse, Carlisle, BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3~ Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire, 2233 North Front Street, Harrisburg, PA 17110