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HomeMy WebLinkAbout01-4979DONALD LEE KITNER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 7 ? LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAl AND NQW, this 234 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. WHEREF©RE, Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the suspension outlined in Exhibit '%". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Date: 08/24/01 John B. M~ncke, Esquire 2233 Nortl~ Front Street Harrisburg, PA 17110 (717) 234-7051 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 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 24th 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 QF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 AUGUST 22, 2001 DONALD LEE KITNER 2ND STREET PO BOX 82 NEW CUMBERLAND PA 17070 012276111598764 001 08/15/2001 15103961 07/11/1952 Dear Motorist: As a result of your conviction of violating section 5522 of the Vehicle Code FAILURE TO YIELD on 07/51/2001, 5 points have been assigned to your record. Your total point accumulation is 11 points. Since your point record shows an accumulation of I1 points, a sanction of I65 DAY(S) is hereby imposed as mandated by Section I559 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 privilege. Failure to comply with this notice shali result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code, Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, CPedit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau, WHEN THE DEPARTMENT RECEIVES ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIVE THIS RECEIPT WITHIN 15 DAYS IMMEDIATELY. OTHERWISE, YOU WILL NOT SERVING THIS SANCTION. YOUR LICENSE OR RECEIPT. IF YOU DO NOT CONTACT THE DEPARTMENT BE GIVEN CREDIT TOWARD The effective date 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 You 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. Zf you file an appeal in the County Court, the Court will give you a time-stamped certLfied copy of 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: Pennsylvani~ 'D~partment 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-I&LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 TO YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE · ENCLOSED ' WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU BY A~FORNEY MANCKE, WAGNER, HERSHEY & TULLY WE D'O HEREBY CERTIFY TN 2233NORTHFRONTSTREET THE WITHIN IS A TRUE AND C~ HARRISBURG, PA 17110 RECT COPY OF THE ORIGII~ FILED IN THIS ACTION BY A~ORNEY DONALD LEE KITNER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this_ ay of 2001 upon cons,dera,on of the w,th n 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 '~ ~,z~Z.~2001, at J :~ ¥ 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 Notice of said hearing shall be given by Petitioner's counser to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Distribution: BY THE COURT: Prothonotary's Office George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 John B. Mancke, Esquire 2233 North Front Street, Harrisburg, PA 17110 DONALD LEE KITNER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4979 CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned license suspension appeal. Respe,,ctf~uliy submitted, John B. , ID No. 07212 Mancke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: November 12, 2001 DONALD LEE KITNER, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4979 CIVIL TERM ORDER OF COURT AND NOW, this 14m day of November, 2001, upon consideration of the attached letter fi.om 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 HanSsburg, PA 17110 Attorney for Petitioner George H. Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, South Office Building 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent 'rc JOHN B* MANCKE P, RICHARD WAGNER DAVID E. HERSHEY WILLIAM T, TULLY MANCKE, WAGNER, HERSHEY & TULLY November 12, 2001 PHONE (717) 234-7051 FAX (717 ) 234-'7OB0 Hon. J. Wesley Oler, Jr. Cumbedand Coun~ Courthouse One Courthouse Square Cariisle, PA 17013 RE: Donald Lee Kitner v. Comm. of Pa, Dept. of Transportation No. 01-4979 Civil Dear Judge Oler: 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 rm 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'" unnecessary. JBM/hrc cc: George H. Kabusk, Esq. Donald L. Kitner ly yours,