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Home My WebLink About00-00700 - ~ ~." JI~ ",", '---"-~ ~."'" i,........ _ .d'''.!';'; .~ I ........"*,j-~ '\; DL-326 (9/95) . '-, ....4" CERTIFICATION DATE: January 14, 2000 I hereby certify that Rebecca L Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ~J-~ . BRADLEY. MALLORY, SECRETA "OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 09/23/99. effective 09/23/99; 2) Report of Refusal to submit to Chemical Testing dated 09/04/99, seal attached to original, and 3) Driving Record, which appears in the file of the defendant CARRIE A LEVANS, operator's no. 23083500, date of birth 12/20/72, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. ~~6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. <8.~~4.~' ~' SEAL .. REBECCA L. BICKLEY, DI TOR BUREAU OF DRIVER LICENSING Commonwealth's EXHIBIT f '. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 SEPTEMBER 23, 1999 CARRIE A LEVANS 381 N a?TH STREET "25'_lt4_~t?8~ 001 O'/l_/l~""1 23083500 lU20/1'l?2 CA"P HILL PA HUU Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 09/04/1999. your driving priVilege is being SUSPENDED for a period of 1 YEARCS) . 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 Ccamera card) in your possession no later than the effective date l1sted. If YOU cannot comply with the requirements stated above, YOU .,.erequil"ed to sUbmit a DL16LC Form or a sworn afU6av1t. .'..'n,>t,",t yoU ere aware of the sancHon against YOUr drtYi'ftV,r1v1- lege. Failure to comply with this notice sball result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. . Although the law mandates that your driving privilege is under suspenaion even if YOU do not surrender yoUr licenae, credit will not begin until all current driver's license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES VOUR LlCENSE OR ACKNGWl.iD6E- MENT, WE WIll SEND YOU A RECEIPT. IF VOU DO NOTattalVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT lNftEOIATELV. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 09/23/1999. 12:.1 a.m. " ~ *****************...*..****.**************************************** IWARNING: If yoU are convicted for driving while your license is I Isuspended, the penalties will bet not less than 9. daYs imprison-I Iment and a 1,000 fine and an additional I year auspension. I .**....*.....**.*....**.******...*..*.*...**.*.*.***...*.*.*..****.* +pI , "J = '" ti . . 992596114691786 . . The above mentioned sanction 1s in addition to any pre- viously issued sanction(s). . APPEAL You have the ..ight to appeal this action to the Court of Common Pleas (Civil DiviSion) within 30 days of the maU date of this letter, SEPTEMBER 23, 1999. X" )fOU .,11e an appaal 1n ~he Caun~y Cour~. the Courtw111 91ve YOU e t1me- sta_ad cart1of1ed COpy 0" ~he appeal. Send th1s time- stamped certified copy of the appeal by ce..tified mail tal peNNSYLVANXA 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 T..anspo..tation Bureau of Driver Licensing P.O. Box 68693 Ha....isbu..g. PA 17106-8693 INFORMATION (710~ IN STATE OIlT-OF-STATE Ti'!D IN STATE TDD OUT-Of-STATE AM TO 9100 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 . . . . . . . . . CIL-,"(7.... ~,',"'.",' '" CHENI.ICAL TESTING WARNINGS AND REPORT OF Rf!~~J.I,..TO~lJ~Pitn:JOCKi.MICAI,.TESTlNG AS AUT""RI~E08V' OF THE VEHICLE CODE Ifa F,RsT ~.$f L":;'VA"-'S , -. . ~ > , . j , , ,:;" .u "' . .lIlII'" f' \'^ 1),0 ,,, CITY 'fA'E "" SEe nON 1541 DRIVER HUMBER SlAlE. "k('"t\...,\c.5.~u(?c.. yA \"':foSS CUE'M TEST REQUEST DATE $OC''''; UCU~fV..u.INA ~'t:> .l.&1il; , .;,:, ,;~,-",_">-.,ry:,"0f""~,,,; _ -,-,': '_ _,_,"~:-"". ,:_' -r' :'<:::T:---- >-,:' ",'_, _,n _'_" _' :--,; -,-",,-' __" -' ~_'; ''', ,; "__"__: ".r "-"'..,-,- -y "--,/-,,,: _"~~;~,-,,,. ,_'--~ '1. ~. '1li.'.:dWi:8i:Nhat-you aN now unde, arrest for driving- under the lnlfuenu of atc:onoJ 01 a oontr-OlleIlUUbt.tanee ~ to_......'.I7I-', of III. V.hlcle Codo. 2. tam requesting-thai you submit to a ~h8mic:a' test of OC2..G'JIr'T"'\r.\ tbfulh, bloQd or urin.. Oll-=-r Choo... Ih. chelmeat .Il) 3. It is my duty, as a poUee ollicer, to inform you_that it you refll,-e 10 submit to the ch.mlc.lle.t vour operating priVilege wilt be tu~ 10'. pe"od of one ye.r. , 4. a) The cDn.titutional rights you have 8S a erimi~al defendant. commonly known 8$ the Milpnda Rights. includif,g th. rithl, to_ .,eak' with. Jawy.' and- the right to ff1'ntain $il."I, apply only to climmal p:,otocu,t1on, and do not applv 10 the- chemIC:al testing plocedure Ufldor P.nnIV1Yania', 'tnPlled Consetftt lll~~ which- is . -c;:1vi1. _nQI B criminal pr9ceoding. , -' b) V(lU "~V8 :n,9-,:~t,lO sp~ek 10 a lawyer. or. anyon,& '.I:S~,'-b8'o'e tOk, i~g the chamiC, 411 tast requ,lut',d- b,'1lh' polu::. office, nDr 40 you haM, .~, to tem*'" sl.leI:'r'wfu'" asked I;)y the poltee olllee, to .ubmlt to the i:h-_emICat test. Unless yo!.l agree to submit tq th.t.,t requelt.d by the pohce ofti<<, yC)ur ~ntJ~,.wiU ~:~d.em8d,to _bo refu$Af and VO,u; op.rating' privilege will b. sl,UlpeMed-- fOf on8 y.at. c) YQUI r.'lJsoUa,submit to QhemioJlllesting under the Implied Consent Law may btI introduced 'ntc:l,.'lidenc:e in . cnmtr'oJ1)1'Cl8$ulion to, dri\lmg whihl unde'"....innu.nc8i ~11i1l:Q.hol_or 8 contr~ll.d_'s~~.~ane.. I e:.trtify,'ih_t,.t h.lMi:'~:_\h.,:~b.ov. warning 10 the motorist r89a'~ng 1M' ,uspen"ion 01 their opelatlng- privilege and gave the motori.. IIA-~. nily I'; submit to el\i>mi..U..ting. ~ ~:! ~ 4 ~ Signa,tur. ofOffl~.r:. D_t~t-~ - J\(), - Oa..;- q... ....-' ,'.' I have be.n adviHd-of the above. ' - ' J . SigfUttur. of Motorist: f'J c ~ -, Oat.: .- ,...r! ,... , . AFFIDAVit t. The QbOQ:mo~~J w"s placed tinder am~s' lor d1i_\';n~ tJ_Flfler the mfJu.nQ ~f al.oobot or . (lontro11ed., sub.ta;nce In viotatio_n o~ s,~_:31~t ,of Uw V.._lcfe C:,O_tfe';- @Ii~'lh_e,..',wet.~r,alCl"abl. ground' to':~.'i.tV8 that th.- .bet_'II._ mOkJ_rist'had "ten d~ill9' ,operating or in ac1U8l-p_h~t conkot at .' Ihe moYeme,nn~ta molqr VGh~. whils-under the ipUuencG of a1coh~1 or -a controlled subata"'" or both. 01 lbatlb.:@JJOv4:..,.med_ motori_,. w~s involved in an Bccident in whi,h Ih. operator or p....ng" or any v.hicle involved or 8 pedestrian ~iNd .r;~f.iiI,ili9!11.,"Ii!Y"r.... kill.d. ' '.mOl"Mf~!.."r-'illt)"d "" subm.!ftoqh'",i!loltosting..aulllorilOdby Soction 1547 01 tMVol1lcl.Codo. '~~@,J\O!clI/Jj~'i~("rm.dily.PQIIc. olli'.,rolll\oehQmle.ltol' w.mings conUlin.d in pOi.gr.ph 3 and 4 obovo. '':Ifl_~~~~~to"~ "~II"d to w~m!',tQ ellemiell','sting" " " '" "~."~oIJ,llIJ!inl. 'o"ml. ""ta roll!UI'o ..~mlll. 1~..~...lcoll..t, V,u"mu.' .UII gl.. ""I\I"'~ .n........... ~'llji"r.)liI,~r.,;IOWI~~ 1~li 'Of",.II",.IIUlI~ld.il wi.'OI!,oriUn, . c'l,I\I",,,,01oII\I"or ..hlcl.wbU..h.I/lnJOA' " 'ChUb*t.,n-ce.""thltir ay..,m, you mu.a .'so com",', the 'r.yor~. _.In of th," _',or... Q, $lj,I,.',IIli!,,',E.O~O"'Wll, '" , "OlllcorsignOlu",: .....~.~,..,.~,. ~. ~. 'O:,I(OAE,~Il'_ - ::~ MO. QAY 'teAR ''-: "-&,...,J. OllieorN.mo: ~.......... ~,~.""~~"'''', 11::- J.',in9"QalI:' t 1..- 01 .lIlt). Motorist teNs-ad,to sign, altar being ,advised. Signature '0' Ollicer: Date: , ',::":---.t'_,-",:,,, ":,-'---,,.-;" Fo.wlldlo: C~.Il!JrO,~'~ D.p.Ji~nl oIT,a" ~(l!!~tIi...., E .. , . F'h. e, 2llO3 Bur... oi OIlvilt Llconslng P.O. BOll 80037 He,lIshU'lI. PI\. l7l08.oo37 THIS FORM M4Y BE DUPLICATED Badg. Numbor: \.\0\. . c... Jurildk:tion: (" ""u loOT"" C. ,1) Phono: C1.:l..1 ""'eo . ~~ L "t Mailing Addt... "\' (L..u~ ~u..\,~ ~~ 'AD II;.. CAD. ..:c..L&- ..,,""* \~n\~ ...Ito ~a}"'4",pl"...n t''''''''T; ""o.....-&\~ ~R"~... ~/t.ta. N;.T:""An, POIll!1OAII.e!S,no\, "." ,.'IV, .,..a,'h,y 11\0, ".,lIld..~..~~~..!1t,,'~, '"','",.,... ',..'", ~ ..por.to 1Ito.!.nd oltooll<ldhorolo. ""01 """ ......1d _~..;~ v. <lddltionol wi'"..... .........., UI provo 11\0 _.nlllOwhIcIIPU _1UOOlaII. AoolTlONAl SUPPllI!. OF THIS FoAM MAY BE 8ECUAl!DlIYCClIIPlEtlN,UiO,.ea;s,.A ~, , J_~___ '-""'---, BUREAU OF DRIJER LICENSING HARRISBURG, PENNS'llVANlA 17123 . . CERTIFICATION STATEMENT ~..~ (!) 'l(, ." !n compliance with your request, I tereby certify that I have caused a search to be made of the files of the Department of Transportation, and herewith is a true record In the name of: CARRIE A LEVANS, 381 N 27TH STREET, CAMP HILL, PA 17011 OPERATOR NO.: 23083500 OA TE OF BIRTH: 12/20/72 CLASS OF LICENSE: TITLE NO.: PURPOSE OF REQUEST: Legal (R=INSURANCE, C=CREO'T, E=EMPLOYMENT, L=LEGAL, M=OrHER) DATE SECTION VIOLATION ACTION TAKEN BYDEPARlMENT VIOLATION 1547 Chemical Test to Determine Amount of Official Notice of suspension for refusal to submit to test Alcohol dated and mailed 09/23/99 effective 09/23/99 for 1 year Not Restored - Court Order , In compliance with your request, I hereby certify that I have caused a search to be made of the files of the Department of Transportation, and herewith is a true record in the name of the subject listed above, Information requested by: ~",~~.~'Q~r D : January 14, 1999 tt COMMONWEALTH OF PENNSYLVANIA ss: I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation, As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in tne ~ttached certification. IN TESTIMONY WHEREOF. I HAVE HEREUNTO SET MY HANO AND SEAL OF THIS DEPARTMENT rHE OAY ANO YEAR AFORESAID 1- RETARYOF TRANSPORTATION SEAL ~ ,1_- " ,,;il , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 09/27/00 OFFICE OF CHIEF COUNSEL ROC 002716681463654 001 HARRISBURG PA 17106 CERTIFICATE & ATTESTATION I hereby certify that Rebecca L. Bickley Director of the Bureau of Driver Licensing, of the Pennsylvania Department of Transportation, is the legal custodian of the Driver Licensing Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHER~OF, I HAVE HEREU~TQSET MY HAND AND SEAL OF THIS DEPARTMENT ON TH~ABOVE DATE IN ACe<;lROANCE WITH SECTI0N 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ~ SECRETARY OF TRANSPORTATION I hereby attest that the documents listed below and at- tached hereto are full, true and correct photostatic and/or microfilm copies of which I have legal custody, and that the copies conform to the requirements of Section 6109 of the Judicial Code. THE FOLLOWING COPY: THE PRIOR ADDRESS INQUIRY SCREEN PRINT-OUT DATED 9/26/00, SHOWING ADDRESS CHANGED 12/27/93 TO 381 N 27TH ST CAMP HILL PA 17011 AND ADDRESS CHANGED 10/6/99 TO 5305 MANAYUNK RD APT D HARRISBURG PA 17109 FOR CARRIE A LEVANS, OPERATOR #23083500. Commonwealth's EXHIBIT ~ IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL ON THE ABOVE DATE, IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE. ~~,~ ~~ ~ - = " REBECCA L. BICKLEY, DIRECTOR BUREAU OF DRIVER LICENSING :..;~...__U"I ~ . ,., """"-1 C7201500 2DL01529 Prior Address Inquiry A07F0364 09/26/00 Customer Date of Birth 23083500 LEVANS,CARRIE,A 12/20/72 1 PRIOR ADDRESS PRIOR ADDRESS ----------------------- ----------------------- 381 N 27TH STREET 381 NORTH 27TH STREET CAMP HILL PA CAMP HILL PA 17011 17011 Termination Date: 10/06/99 1 12/27/93 1 Last Updated: ARDREY SVEGA 10/06/99 11403341 12/27/93 14524363 13-SUBMENU 15-RETURN :ii~ -~- CUSTOMER INQUIRY SUBMENU - A07F0364 09/26/00 C720l500 2DL01505 Customer Address Line 1 Address Line 2 City/State/Zip Driv Privilege Med Restrict Prod Class Duplicates : 23083500 LEVANS,CARRIE,A 5305 MANAYUNK RD APT D HARRISBURG PA 17109 SU C Record Type : RL Endorsements: 1 General Customer Inquiry 2 Recipient Inquiry List 3 Transaction History Inquiry 4 Traffic Safety Inquiry 5 Failure To Respond Inquiry 6 Medical Inquiry 7 Print Restoration Requirements 8 DOS Conviction List 9 (O)LL/(P)L Eligibility Inquiry Selection Date of Birth Social Security: Height CDL Restrict Organ Donor: Sex/Eye Color License Expires: - , ~ -0< """'","1l4_' 12/20/72 1 070629192 5 03 N F HZ 12/31/01 2 IS-RETURN " " " .;;:.tc , '. ' r . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU 9F DRIVER LICENSING HARRISBURG r PA 17123 10/06/99 CARRIE A LEVANS 5305 MANAYUNK RD APT D HARRISBURG PA 17109 DRIVER'S LICENSE NUMBER: 23083500 BIRTH DATE: 12/20/72 Dear MS. LEVANS This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. The date when you are eligible to have your driving privilege restored has not been determined. To determine this ELIGIBILITY DATE, you must resolve any issues listed in this letter as DRIVER'S LICENSE: RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a $25.00 restoration fee to PennDOT. Write your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PennDOT. , L/l E~HIBIT ~ EXHIBIT "A" ~~ - l "lit:. -- . - ="<01,,,, .' , '., 6 "":"LI1::E.1'lSE NO. 23083500 PAGE Z DRIVER'S LICENSE RETURN -You are required to return any and~all current PENNSYLVANIA driver's license(s), learner's permit(s) and/or camera card(s) to PennDOT. If these are not in your possession, are expired, or you have never been issued a PENNSYLVANIA driver's license, complete and return an Acknowledgment Form (DL-16LC) to PennDOT. If you are an OUT OF STATE licensed driver or an OUT OF STATE resident who has never been issued a driver's license, complete and return an Acknowledgment Form (DL-16LC) to PennDOT. An Acknowledgment Form (DL-16LC) may be obtained at any PennDOT Driver's License Center. You may also write or call the address or phone number at the end of this letter to obtain this form. TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 09/23/99. .Refer to the DRIVER'S LICENSE RETURN section in this letter for information on getting credit started for serving this suspension/revocation. The suspension/revocation is a result of 1547, .REFUSAL TO SUBMIT TO CHEMICAL TESTING This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PennDOT. Thank' you. MAILING ADDRESS: PennDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ,..... ; ~ ---. 'f1 ~\J;\JJvJ.DDl-m;'p(1 ,Vi I}J ('\5' I (. {I t1'J//1/^/ . \/ )~V D(\\/-L ('l.f' LA v\ ~ ,,\J\ cJirV/ WJ ,~\ ~\Y ~v .'..... ., . .-.. .,'...........".-. " ;. .,. , , ~'~A . -,.- "-.....:...,. , : L . ,~ . CARRIE A. LEV ANS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 2000-700 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL IN RE: RESPONDENT'S MOTION TO OUASH APPEAL ORDER AND NOW, this 2 '1' day of July, 2000, a hearing on the above captioned motion to quash appeal is set for Thursday, September 28, 2000, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, George Kabusk, Esquire For the Respondent *~~/.L~ c.~-{f) . 7 . !),.'t'O(J R~~ Anthony McBeth, Esquire For the Petitioner :rlm " c..::! nn 'iii '1H "".... ... ~ ,,_ fr_ v iO; 11 CUM;:;E;:\L,~,\U C'C:!,.,ii'.JIY PENf\!SYLlH-\N!A ~ ~ ~rl " ' , :,j,I'" ~- --~".~ ~~~-~. . i.. , JUL24 20~ CARRIE A. LEV ANS, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-S-700 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this day of , 2000, upon consideration of the Department's Motion to Quash Appeal as Untimely Filed, this Court finds that the appeal was not filed and perfected within the thirty (30) days allowed by law. Accordingly, the license suspension appeal is quashed and dismissed for want of jurisdiction. The Department of Transportation, Bureau of Driver Licensing, is hereby ordered to reinstate the suspension which is the subject of this appeal. BY THE COURT J. DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Anthony T. McBeth, Esquire, 407 North Front Street, First Floor, Harrisburg, P A, 17101 .",,,,,,,,, - , ' - CARRlE A, LEV ANS, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-S-700 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION TO OUASH APPEAL AS UNTIMELY FILED The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated and mailed September 23, 1999, the Department of Transportation, Bureau of Driver Licensing, mailed to Carrie A. Levans, O.L.N. 23083500, a notice informing her that as a result of her violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on September 4, 1999, her driving privilege was being suspended for a period of one year. See exhibit number 1. 2. The refusal was reported to the Department of Transportation by Detective Jeffrey Franks who is employed as a detective for Cumberland County Cill. See Exhibit 2. 3. Cumberland County is the location where the arrest for a violation of75 Pa. C.s. 9 3731 (relating to driving under influence of alcohol or controlled substance) and the violation of Section 1547 of the Vehicle Code occurred. -'"" _......0.-. _~ I ~~~ '-~~,i_ 4. The petitioner filed an appeal of the above-mentioned suspension on November 4, 1999, in the Court of Common Pleas of Dauphin County. 5. The matter was transferred from the Court of Common Pleas of Dauphin County to the Court of Common Pleas of Cumberland which is proper venue for this matter pursuant Section 933 of the Judicial Code which states that the venue shall be in "the county where the arrest for a violation of75 Pa. C.S. S 3731 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa. C.S. S 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fIxed by this sentence". 42 Pa. C.S. S 933. 6. The petitioner filed the appeal 42 days after the mailing date of the Department's Notice of Suspension. 7. The petitioner's appeal is untimely. 8. An appeal of a license suspension must be filed within 30 days of the mailing date of the Department's Notice of Suspension. See 75 Pa. C.S. S 1550 and 42 Pa. C.S. SS 5571, 5572; Bye v. Department of Transportation, Bureau of Driver Licensing, 147 Pa. Commw. 205, 607 A.2d 325 (1992). 9. Failure to file the appeal within the thirty-day appeal period deprives the court of jurisdiction to entertain the merits of the case. See Department of Transportation, Bureau of Motor Vehicles v. Shemer, 157 Pa. Commw. 380, 629 A.2d 1063 (1993), appeal denied, 536 Pa. 635,637 A.2d 294 (1993), (appeal quashed when filed one day after the expiration of the 30 day appeal period.). 10. An appeal nunc pro tunc may only be allowed when there is proof of extraordinary ,.d~IIM~ ,- .~,_. , ~ I "....""-~.a;ii circumstances involving fraud or breakdown of administrative or judicial system which causes the late filing. Maxion v. Department of Transportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); Kulick v. Department of Transportation, Bureau of Driver Licensing, 666 A.2d 1148 (pa. Cmwlth. 1995), appeal denied, 544 Pa. 616, 674 A.2d 1077 (1996); Department of Transportation, Bureau of Traffic Safety v. Rick, 75 Pa. Commw. 514, 462 A.2d 902 (1983). 11. The petitioner states that the petitioner visited the Department of Transportation, Bureau of Driver Licensing, on October 6, 1999, and that October 6, 1999, the petitioner first obtained notice of the one year suspension of the petitioner's operating privilege as a result of the petitioner's violation of Section 1547 ofthe Vehicle Code on September 4,1999. 12. Despite the Department's notice to the petitioner dated September 23, 1999, and the petitioner having obtained a restoration requirements letter on October 6, 1999, which informed the petitioner of the one year suspension of the petitioner's operating privilege as a result of the petitioner's violation of Section 1547 of the Vehicle Code on September 4, 1999, and which was within the 30 day period in which the petitioner could have filed a timely appeal, the petitioner did not file an appeal until November 4, 1999, well beyond the time permitted to file a timely appeal, which would have been October 25, 1999. 13. The petitioner did not file a nunc pro tunc appeal nor allege grounds for granting an appeal nunc pro tunc. 14. This matter has been not yet been scheduled for hearing. WHEREFORE, the Department respectfully requests that its Motion to Quash Appeal as Untimely be granted and that the aforesaid appeal be Quashed and Dismissed. ''''~I_.~--r_~..,,,",,,,,_ " - .~~"'~- Respectfully submitted, ~~~},..f) George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 Date: July 21,2000 "~ ~ .- . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 SEPTEMBER 23, 1999 . . CARRIE A LEVANS 311 N ~7TH STREET CAMP HILL PA Hon "~5'~11~~'17a~ 001 O'/l~Il,"" ~3083500 lU~O/l'1?i! . . . Dear Motorist: . As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 09/04/1999, your driving privilege is being SUSPENDED for a period of 1 VEAR(S) . . . 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' 3fOu cannot comply with the requirements stated above, YOU !lr,requirlld to SUbmit a DL16LC Form or a sworn .fUdnlt"'t!tn,.tlfat yoU are aware of the sanction against YOUI' drhJ:l$ :.t'1Yl- lege. Failure to complY with this notice sh.ll ~e*ult in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. . . . . . Although the law mandates that your driving privIlege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license productcs), the DL16LC Form, Ill' a letter acknllwledging your sanction is received in this Bureau. . . WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACI(NOWUDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOTRltESV! THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT l"MEUIATELV. OTHERWISE, YOU WIll NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. . . The e~~ective date o~ suspension 18 09'23'1999, 12:01 a.m. """""",,****,,******,,***,,******,,*********"*,,*********~*lt*It*.******.*** IWARNINGI If YOU are convicted for driVing while your license is I (suspended, the penalties will bel not less than 90 days imprison-I 'ment and a 1,000 fine and an additional 1 year suspension. , *************"*"**************,,**,,,,*,,**,,*,,****,,,,******"*"****"*"**,,* . . . . . _, .....J"I f)l.tHR\'T ~i o/l<J "~ '.'. 992596114691786 "....... The above mentioned sanction 1s in addition to any pre~ vjously issued sanctionCs). APPEAL You have the right to appeal this action to the Court of Co..on Pleas (Civil Division) within 30 days of the mail date of this letter. SEPTEMBER 23. 1999. If vou fUe 8n appeel 1n the CDunty Court. the CDurt will give YOU . time- ste.ped certiofied COPV 01' the appeal. Send this Ulfte- stamped certified copy of the appeal by certified mail tOI PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OP 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 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-Of-STATE AM TO 9100 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 I .~ , """"""'''",- ,,~I . l t . ,. . . , ( , . ! .' t f . * , . ! t ~ . ~ , 1 . t . f ~ . f t . I. . t I . , . . I , 1 \ . . t \ ! . I . \ . t . , I i . \ . .~ . . <{ , i" _ - '''.:- .:.iW~.:~:, ~-;'_..~q~'" ""-~';,'~~' ":"'~'~,~.,(,:'-C'~-~~" -"", -"0 "~~"-~~- "'::'~_'X~j;':-'-'- "'-. ,~' ~~,-"" '~"-" -~,~ '-"'" :_'" _YFO.,_. , \_ :~':-.;t:~,:rr~.::i,;:~~~-~;:~; :~r;-:' _~:_ CH,E~ICA" L'1l!,.,Sn,NG WA, R, NIN~S, AND REPOR, 'l8, f'l, M(j)A'Sf;i:l,U1lia,', A, ,VI, L,' i)WJli~,i l' J.\Ol.,.M;;lMi" ~H;:\'jl,j,~~,;, 'f.':,:,:i;;;,', :,1,' R'ES;\.,.i:L"T"'" , ,.,,'., ,"j e'td"tii1llV"'A~I:"':fI;;:kil67!2).lII:11l8~' 'H>".".." ..:'..,..,.S". ',:,,'.', '1l~l:I,'i~,~,.M, II., .;l:, ;O,C,,' HE"",M" "I,C. :AI,;ITJ:STI~,p';ASJV'i.1~i1 ",) ~,l R, fhaQ:l~,',~,~,qttt",!,:,' ~,A:, '"., "f:,',',',',','i'.,':, AlmIO"IZlOIUIV .,'.,. i. .", .OF,THEVEHICLECODE. ~OTiJM Jl\loi:S,..ilto~i '.....":",,:,,ij: .:!I!WJ'" I'" ,,," ....T LQ.VA~S "~"~I " i";'\~~':Si': .' "::~ CITY 'l~n' : )~!!':,Cil'lltI;.. , P-"l> .TATE ~c(.",,,,~\c:s.a~ VA,\'1.oS5: CHEll TEST AEaUESTOA TI .oeIA,~'.ejjlU1'Iiifjj,!!:.Ql. :" lioIONfH DAY 'YEAR _, ;:,~~~~;r :f"" ":-:\":\'-',_,e'f: !;"i"'~1:> ;-:' '::':-';-;F'+J.;r~rt;' '-' -"~"'-'-'::-'r "li~' ~;.-'} ")~" --t'-"'~-::"!Vr-~ ,,_~,,:'l ,::.- - i'~ _.t OJ .~, ,,- , ... . ' anfhOw under lri'8lt-'for drlvinO' und.,'th.:lnnu.oce of aJcQtiOI W I cOntriltti'd "'b.tan~'~~'""*-~~t.tO:,'~' _ tit.-V .' ... ....--. ."~' ~". 2. 10m _slll1g"'o' you IUbmn to 0 ch.ml..,"II 01, 'Dc2.~\" · (bro."', blood orurfno. Olllcor choo..slil. chomlctlta.L) : '( 3-:' It ~';.my du~,' .._ I police olneer. to Inronn you that II.you relu.. to t~~mit to :~~ ch~ml~. ie~t your~o~rating'-p-ri'JII;g. Wil~ be, -.uSP.~~ fO;'-. perlOdol-onoye.r. " .' '.,...,-.-.,-....-;. --,1.,'.--;'_,".. ':-'-;;":'-;~"'::H":';'-"--,,-,, " '~. 0) TIlocOn~Utuuqn~ righl. YOu hove os ~ crimtn,!~I.;,danl, com";.,;,1y kno';';, o.lh. ...i;~;'dail~hls:'liiCiudln~th. rig~iio .....dWlila:~ r.;Vy~rond ._' . ..:: ~.-ri~t:~::~_~!_~'-sil'~l'-:'~:RP.IY. ,0nly:'_l),~,ri",lh.l, ,prO:~,~IiQnl and do not apply 10 th:. chaml,cal t.~lIng 'ptocedu;. undir P~~.ri~"~"linp~ .: Con~n_t'~.)YFw~-,ch:ll:II:,cIVlI;:nota-cri,:",l,n'itp,roce~dlng~ . . .' .,. '" :.' . .. ", '~'!, .... ",~Il ,.'.: '.. b) You,:ti.l/~c~i9:,rIQ~f;tO(IP,~~:.:t~,~;,"~,at;,-~~,~nyon.: al.a, _balor. '-king,_tha c:ha_mico,l 'a!it re~.',.~ by,.-tha pollc. OffIcer nauto'you h.~'. rlght_ to . , ~~_.,~' - n .~.~;~~~~j, ~~,~:lic'..~Jt.!~,~~, Iu.,,,,l.:,t~ "'_4I:,d;I'~k::aI te~l. Unl~St_yo~,~_g~~~ ....~rnll to the te.' requ..tecftiy th. ~ officer ~, ; ,y,aut-~ ,wll~~;~~~._~ad,_ to':~,.,,,~ul:8I:.I14~you'-aptl!,",~ng!,prtvll. Will b. IUspenijecfl_oro:ne:,yea,. .'. -'". . ; r,' ",1 ' ! '\.-~1', I';,,} ','. c)" ,y~u~ _~,~T'!'to ,c:h.m!~~ -t.tti,na"_,,nder I_t\a _Impli~, Con..nt Law,may b. inlroducild inlb avidence '" a MmlnaI proHCution,tar driving .....,;....-:',~ ~'fIQ,~~c."of alcohol or a controll.o'tubltance. .-...- , . ~..-'._. ., '.... . -".~.--' ~-'"-''--''''''"'i''O''':''' --,',,,. .- -- .....~_j~"""'":'~~,o._, . , ' ... .,". __ '" . I'" .>.: i~_~itW;iti_.ii'I:~~~~~~*.,;~::th.~',~\oe warning lo,th, mo~ri'I'-reg.~~liI the.ulpahllon at th.ir aper8Ilng,p'~n.g..'.nd GaV' tHeinototf.,~.,..,..Ponu-.~ , '-' nilYto'lvbmilldhomic."lO.~g, '-d ,.co,"I,l'\, '. '"'q''' ..,..QQ' .' },;..., """'" "',.". . SignatureofOfflcer: "t~'~)!"~,^^~\M"- ,- -Dlte}" _....,~.' 'I '''.;''. .'-.'" '....::::."..'..'..;{ . ' ~,,,\;,_\/l t,;~'.'-~r:, 9t~j'ot!t :>!!'1>i~Jtt, ':: I have boonadvl.ed o~~~a~'::; MolOri.t "-1JA,'" "Dati:"'01''',, '" "'''''',,",':'' . ":";""":""'" .':,:::," MOlOrill rofvHdto.IgnS:'~~"'.' ~:-:. rJ i ...'. ',. D~~~':';':: ~,"~',:,,::~;")'" ;.. l,,","","""'V ..,. . AFFlOAVlT .::,. ,-,j;-i'. ." ;. .:.:"ld~J;~:'f,:.~;.~....,t:tJ;t.'~ 1. The .above, motorist. was.placed un~r a".s_t__rO_f-driYil)Q UI1_~' the innu~ of alcohol or a _cantra~d tubttan.:. in YioIaUpn af,,~ 3731 D': the V'hlc:(8'C_O~~,:'lr"d.'-U)~,l:a-:..,"}".lOnab&e;~",u.nd'I,_~i~1W"-1h.':cth., .ve ~.tori'it.had_ ~n', driVi1'!9; .opera_ting or in actuAl phy.1 Control o' . 1fi',:mov8m'etifof .,motor vehicle--whila'und.t tha inllu.nca, 0' alcohol Of . _conlroll.d' tubsllnc. or both. ... . .. .' . or ., .' '~, ,~. ;,.;, Thafth..abc:N.,named_motorist was involved in- an accident in which the operatot or palsenger 0' any vehicle involved or a pedeltrfaA required: ...~:~ct:"",'- -";'-<'-'- ""'--'_~JY_~~w:a:~i;ki!f~h. , ' .'. _ , . __,.. '." .._' '..'-' -,.",~' ,". a. """811~~!Od,IO~u~mi!IjI,c~.~,,"Sling auuthorized by Section 1547 01 tho V.hiclO'Codo. . ':.",:.';:'-" 3. '.,,' ',ililo.m.d by.'polico'o"~rq' Ih.QhJmioal ta.l wamlng..ontalnod 11\ pii;agroph3 and 4 abovo.. .' .... ." ." 4. _ ' _,",:,:_"__ _,\:' :'riufton,sr"Nf&i"'dlO-lU_b~iU~Ch.mjCalt.jli"9' ,'" .. ,_, . _0..' ....."....___L_:,. . ..._-,__~'_;.~ ,...' ._.... .... , C)f.I'r.A:NQ.1!a'::Th.rarvSal,,~.'9lIthlo:io!!nlano!a "ru.a1 '" .u~",!! '" tho, ch"l'!'cal\HL You ",u.,.UII glvothO "'""'''a! an ......- n',!t!JiiTl'k';lhl!~~."'!~~;f~~!,.'~r'r.~,~....lnll"'J.rorin;1f th.ln:lfl~'c1u",....a.l!P..!i!l!'I'~;~O","'~O~,",!>tor Vohlc'owblliiliii~JnIl"'Y. , .. "co~.h:ir. .\.o.lftroll.chub'l.n~.ln -Ul.lr ay.tem. you mUlt:IIIO"COm'pl.J' the -,.v.r",_~'Id:. O_~,: ~I,: .f~~~:,~:_. ',.,.) i'O' _ . DlIIC"Slgnoturii:'l'~,;'~," , ",}o;,-'~'e,:~~-;,:-,<_~";' ~.' \J .-~:,~'t.. '.-"", ,,-,-~,~,,:,,'lf.;")')~~j OfrtcarNlme: ~,"-'''t:..';/~~-~~~~F~:~~~'~::''- IT"""'lftQ. .;.~' _ " i -'." . e.. Number; \'\c\.. t:.. Jurisdiction: C ...:U.;.T..... C,1:> PtMi..:~.'l'\''l.\l6'.'f.?\'1--'" " ,...."'.-... Mail~AddrelS' " ~1~"~~"l"~"~~~~~~~~" .-;,.r-;;,1:'!"" .'.". j,- "l, ~.:": No : AnyP.rtlnonllaclanoICoy.rad"I',~- .......ta...... and.n....ed haralo.Tiiol""'" acidlu.nol wi........ ........IV to provo ",..'....n AIliliTMlNAL SuPPLE, 01' tHlI FORIlIlAV 8E Sl!i:UMil'aY~'_ilai&';A ","=~H=_ , - ~', , , CARRIE A. LEV ANS, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-S-700 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRlVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion to Quash as Untimely Filed are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. br:.t/ George . abusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PAl 71 04-2516 (717) 787-2830 DATE: July 21, 2000 - '\1ft . .' . , CARRIE A. LEV ANS, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-S-700 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of The Motion To Quash as Untimely Filed upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail: AnthonyT. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, Pennsylvania 17101 %A~ K:W~ George H. K usk Assistant Counsel Department of Transportation Riverfront Office Center 11 0 1 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: July 21, 2000 ^ L ~ 4". (") c::- (") <:;; , i ~~" -0 I, rn . ,...:- . ~~ rm "',~) / ", :::J r: ~^; ( :' ~/,. ~ L) h) C " /, r'. ''r-." -...-'1 --, ( :) ,-< -< ~ -- , 1 irlfirJ:' . r "'...._~'1jO' , CARRIE A. LEVANS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-700 civil Term v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this day of 2000, upon consideration of the Respondent's Motion to Quash Appeal, and the petitioner's Answer thereto, the Respondent's Motion to Quash is hereby denied. BY THE COURT: J. Distribution: Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 George H. Kabusk, Esquire PennDOT Office of Chief Counsel Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 ~~'~" C. , ~._, ' j o o , , ~ lWiIlIlIi' ~L ~"~",,,\; , . < , " CARRIE A. LEVANS IN THE COURT OF OF DAUPHIN COUNTY, COMMON PLEAS PENNSYLVANIA C Ctc..>I'L Ie ~ .....l V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION c2cco - 'lei) No. 4634 S 1999 ORDER OF COURT AND NOW, this 18th day of January, 2000, the appeal in the above-refer~nced matter is transferred to the appropriate jurisdiction, and it is transferred to the Court of Common Pleas of Cumberland County. It is further ordered that the transfer costs and filing fees are to be paid by the Petitioner, and the Petitioner shall ensure the case is transferred and filed within 30 days of this order. It is further ordered that the Department of Transportation shall reinstate the suspension of the operating privileges if the appeal has not been filed in accordance with this order. BY THE COURT: ~~ odd A. Hoover, Judge DISTRIBUTION: Stephen S. Stokwitz, Esquire, Office of Chief Counsel, 9th Floor, Forum Place, 555 Walnut Street, Harrisburg, PA 17101-1900 Anthony McBeth, Esquire, 407 North Front Street, Harrisburg, PA 17101 -, :::-O'J :~'') {,~:) >- ,- z :=5<"( ~.:~:;:: .>; ~ r (/) ::Jz ;_cz ,.:"Ju.J ,'r'jC- ::~ -) c) t.,!) {',~ (~': (r; 1)~ ~ o<ll ~ ~ ~~ ~ n~~ g ~ ~ ~ - ~ I ~ ~ 0<> i~~; i:ll~ ;::~ 0 ~ UO'~ a U~v.I~""<'? 'M ~"!< ~ ~.~ .j..l tJl f-< ~ 0 """ 'M ~.j..l p<~~m tJl I ~ ~~Il:~~c ~'M H ~& 1) Il': I oB~O:!~ 1) u~ S ~1)o ~~~ ~ ~ 8flJ g r . . IIi ~ ItJl o<ll :>- 0 ~ 8ffi r.:I ~ g~ ~ ~~ . ~. ANTHONY T. McBETH A'ITORNEY AT LAW 401 NORTII FRONT STREET FIRST FLOOR "ARRI~11JOl PHONE (717) 238-3686 ,,, , ,,~., ,,>"'''',- tr~ &~- F ~ , :-:--~'--:;"'~'T-'" . .~-~ ~ ,/ "' ... ~ CARRIE A. LEVANS, petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-700 civil Term COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL PETITIONER'S ANSWER TO RESPONDENT'S MOTION TO OUASH APPEAL 1. Denied. while it is admitted that petitioner's license is under suspension, petitioner knows nothing about any notice dated September 23, 1999, having never received same. 2. Denied. After reasonable investigation, petitioner lacks necessary information to determine the truthfulness of this averment. If material, strict proof thereof is demanded. 3. Admitted in part and denied in part. It is admitted that the alleged DUI and the alleged violation of 9 1547 occurred in Cumbe,rland County. The averment is constructed in such a way that it leaves the impression that Petitioner is guilty of both of those offenses, which she is not. Accordingly, the remainder of the averment 4. Admitted. 5. Admitted. 6. Denied as stated. Further, the record speaks for itself. As noted above, petitioner never received the notice that appears to be the subject of this motion. 7. Denied. This averment is a conclusion of law to which no response is required. j"......."O~".......... ." -~ ~ ~ ..-. -. .~ rli'~ - 8. Denied. This averment is a conclusion of law to which no response is required. 9 . Denied. This averment is a conclusion of law to which no response is required. 10. Denied. This averment is a conclusion of law to which no response is required. 11. Admitted. 12. Denied as stated. petitioner did not receive the September 23, 1999 notice. Further, the October 6, 1999 letter did not state the effective date of a suspension; it merely provided for the requirements to restore. As stated, Petitioner obtained this letter upon a visit to the Pennsylvania Department of Transportation, and the October 6, 1999 letter was the first document that Petitioner received, informing her that she had a driver's license suspension. 13. Denied. Petitioner did allege grounds for an appeal nunc pro tunc; in her petition, she details the fact that the October 6, 1999 restoration requirements letter was the first notice she received. 14. Admitted. 2 """"'""",,"" ~ . J ~~. -~~~.=~ ""'-;.; ",. . '-\- WHEREFORE, petitioner requests this Honorable Court to deny PennDOT's motion to quash the appeal, and to provide any other relief this court deems appropriate. ~ d-IP, doQ) nthony T. Attorney f 407 North F Harrisburg, PA (717) 238-3686 Supreme Court I.D. # 53729 3 " ~~" "'~~.~'" "'.'c,,, '" N..,_. "'ri~J~:(~'{ll "' ">.." '~""C"i~/U~ "-'. '-!J~ ~ . ~y = ):- = .>, - C~ ~ ',-- '" <'> N c , '- "",. ~.~...! .~-- ,-- 0"') c' , ;- , , , ~i c:: 2!: Cl f1... "'" -.. .' if r.t!' . . ~ . ",.' . ied " - f.i '-'..d-l,., "O''"l). d~,. '-, " cO' '" , ~"""" - ,",,-=~"-~' .... . .,'-~..,"- >'"' ,- .b~... ._ "-'- .' I': ~ ~ Print"" by: IMR limited _ Form 397 ESIS91S COURT OF COMMON PLEAS DAUPHIN COUNTY CIVIL ACTION SUITS 1999 99-5 Appearance For: Plaintiff: Entry By Summons ( ) Complaint ( ) Petition ( ) Appeal ( X: ) Custody ( ) Assumpsit ( ) Divorce ( ) Mortgage Foreclosure ( ) Change of Name ( ) Ejectment ( ) Quiet Title ( ) Appt. of Viewers ( ) Replevin ( ) Declaration of Taking ( ) Fonna Pauperis ( ) Mental Health ( ) Protective Order ( ) 0..- District Justice ( ) Date of Entry Writ of Execution Issued: Defendant: /5'Y..+ November 18, 1999- Upon onsideration of the wit~in Petition, it is hereby ORDERED AND DECREED that a hearing be held on the 18th day of January, 2000, in Courtroom No. 3 at 9:00 a.m. at the Dauphin County Courthouse, Front and Market Streets, Harris- burg, Pennsylvania. Notice of said hearing shall be provided to the Department of Transportation, Bureau of Motor Vehicles by Petitioner's attorney at least thirtv (30) days prior to the date of the hearing. Also it is hereby ORDERED AND DECREED that a Supersedeas be issued until final determination of this matter. Isl Todd A. Hoover, Judge. See ORDER filed. (J' ,( :TA..) )I.l ?ON:'>- PI="'T'ITIOt-.!?:Ii!.'S l'Y'lD'T"I>o..l 1='t>1Z.. A Cc>^..rTJ...JU!t>Nr~ 'F,' CD , , January 18, 2000-The appeal in the above-referenced matter is transferred to the appropriate jurisdiction, and it is transferred to the Court of Common PLeas of Cumberland County. It is further ordered that the transfer costs and filing fees are to be paid by the Petitioner, and the Petitioner shall ensure the case is transferred and filed within 30 days of this order. It is further ordered that the Department of Transportation shall reinstate the suspension of the operating pri- vileges if the appeal has not been filed in accordance with this order. Isl Todd A. Hoover, Judge. See ORDER OF COURT filed. Copies mailed 1-19-00. r riate/t;i FORWARD TO FOLLOWING PAGE. Datel Amount Filing Fee ; Adm. Fee - Di vorce Atty, Appearance Adm, Fee - Custody Sheriffs Costs App't. of Master Discontinuance Cash Bond Praecipe for Argt. Cert. of Readiness , Escrow Funds Rule of Reference . " . 4634-5-99 CONT'D January 25, 2000- In accordance with this Court's prior order of January 18, 2000, the Prothonotary is hereby directed to transfer the captioned case to the Court of Common Pleas of Cumberland County, Pennsylvania. /s/ Todd A. Hoover, Judge. See ORDER filed. January 28, 2000 - The above action transferred to the the Court of Common Pleas of Cumberland County. ..... inal Prothonotary y "-'. "",.'.....7.'"""",', . - ~-;' '.""" ",,,,,,"""" ....." ,lIi!IlIl."".. ~~ () ':1 , ':' i i CARRIE A. LEVANS, Petitioner IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA : v. NO. 4634 S 1999 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent ORDER AND NOW, this ~ay of January, 2000, in accordance with this Court's prior order of January 18, 2000, the Prothonotary is hereby directed to transfer the captioned case to the Court of Common Pleas of Cumberland County, Pennsylvania. BY THE COURT: ~~ Todd A. Hoover, Judge Distribution: Anthony T. McBeth, Esquire ~ 407 North Front Street Harrisburg, PA 17101 Stephen S. Stokwitz, Esquire Office of Chief Counsel Ninth Floor, Forum Place, 555 Walnut Street Harrisburg, PA 17101-1900 ..."'"1118M" rJ C,' -._" -c~,~ \2" ~; " ,,-'~ )--- cr:- 8 ~ ,.,: 0..- ::f' <"'> '-- Lf'> C'-.J :i -, a.. ....o.l~.......41~ .,.. ,(.- r::'nC ~ :":~ 'd,1 ;;;;;, . " '_'d . "...' "'. -,' "'., ,!' ./ Y/Y P ,// ~<~." ". / //, J ':\l1 ,S"i>,) '-:"(0;;.) , ~\.<;'>, . \ '...~ "'"'-~~~ "" :t .' CARRIE A. LEVANS, Petitioner IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. NO. tj(,9/f 2/fff COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent AND NOW, tMs ~'!:; of ORDER 7/Jou , 1999, upon consideration of the within Petition, it is hereby ORDERED J2{ffi1 AND DECREED that a hearing be held on the Lh,~1- ~OOO (/__ ~ _.~ ' <il~9D , in Courtroom No. ;3 the Dauphin County Courthouse, Front and day of at tJ~ctJ L.m. at Market Streets, Harrisburg, Pennsylvania. Notice of said hearing shall be provided to the Department of Transportation, Bureau of Motor Vehicles by petitioner's attorney at least thirty (30) days prior to the date of the hearing. Also it is hereby ORDERED AND DECREED that a Supersedeas be issued until final determination of this matter. BY THE COURT: ~~ J. Distribution: prothonotary's Office (original) Anthony T. McBeth, Esquire Department of Transportation, Bureau of Motor Vehicles ~ - , . " - ~"~-~ ,,~ RECE\VED QHICE Of PROT L' (, "1"1' R'( , ,f'l ,) ('1 \,1 j:""- ~Il' Z1 8 56 ~~ '99 '''Uf''-'''' ''''l'''~'( V-p. 111 j I~ ~-;\.\ j N 1 PE H ~L\ "- JMl ~ ~ I' ,-,~ IUIU,lIIl!1!)mT !, ""',_" ",ql!l -- " J '-"\for ,~ ,~~ ~-.""-'''-; .' CARRIE A. LEVANS, Petitioner v. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO.I/~ '3#2 /f'1''f COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR APPEAL OF SUSPENSION OF DRIVER'S LICENSE 1. Petitioner Carrie A. Levans is an adult individual who resides at 5305 Manayunk Road, Harrisburg, Dauphin County, Pennsylvania. 2. petitioner is a licensed operator of motor vehicles within the Commonwealth of Pennsylvania. 3. an September 4, 1999, petitioner was charged with a violation of ~3731(a)(1) (driving under the influence of alcohol) and ~1543 (driving while operating privilege is suspended or revoked) of the Motor Vehicle Code. petitioner believes that neither of these charges are valid and plans to defend them vigorously. 4. Subsequent to Petitioner's aforementioned charge, she obtained her first and only notice of suspension on October 6, 1999 when she visited the Pennsylvania Department of Transportation, Bureau of Driver Licensing. A copy of the notice (which purports to be a restoration requirements letter and is dated October 6, 1999) is attached hereto, marked Exhibit A and incorporated herein by reference. 5. The October 6, 1999 notice indicated that the suspension/revocation, that purportedly began on September 23, 1 -"-- - " ~ ' of suspension until final determinati n of this matter. , , i II :1 'I I , !i ii ,J " " " I 'I ii " " Ii !i J' 1,1 Ii I' ,j II i-j H JI 'i :1 ,1 !'I !~ ,I II II :.1 :1 ji ~ I :1 I I 1 j 1 1 1 , , 1 :j J .- " 1999, is a result of an alleged violation of 75 Pa.C.S. ~1547, refusal to submit to chemical testing. 6. The petitioner did not refuse to submit to chemical testing as alleged in the notice of suspension; in fact, the equipment malfunctioned. WHEREFORE, your petitioner Carrie A. Levans respectfully requests this Honorable Court to order a hearing to determine if the herein described suspension for refusal to submit to chemical testing is valid, and further to issue a Supersedeas of imposition Vil""PMAlw {( ~qL ~e nthony T Attorney 407 North F 0 t St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 2 -~ ~_ i_ ~ ~~~~ ;...- . , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU ,OF DRIVER LICENSING HARRISBURG, PA 17123 10/06/99 CARRIE A LEVANS 5305 MANAYUNK RD APTD HARRISBURG PA 17109 DRIVER'S LICENSE NUMBER: 23083500 BIRTH DATE: 12/20/72 Dear MS. LEVANS : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. The date when you are eligible to have your driving privilege restored has not been determined. To determine this ELIGIBILITY DATE, you must resolve any issues listed in this letter as DRIVER'S LICENSE. RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, and/or INDEFINITE RECALL. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a $25.00 restoration fee to PennDOT. Write your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PennDOT. EXHIBIT "A" ,~~"- " ,~~ - ~~ ~'" '>~J ~ LICENSE N9. : .~3083500 PAGE, 2 . DRIVER'S LICENSE RETURN -You are required to return any and" all current PENNSYLVANIA driver's license(s), learner's permit(s) and/or camera card(s) to PennDOT. If these are not in your possession, are expired, or you have never been issued a PENNSYLVANIA driver's license, complete and return an Acknowledgment Form (DL-16LC) to PennDOT. If you are an OUT OF STATE licensed driver or an OUT OF STATE resident who has never been issued a driver's license, complete and return an Acknowledgment Form (DL-16LC) 'to PennDOT. An Acknowledgment Form (DL-16LC) may be obtained at any PennDOT Driver's License Center. You may also write or call the address or phone number at the end of this letter to obtain this form. TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 09/23/99. Refer to the DRIVER'S LICENSE RETURN section in this letter for information on getting credit started for serving this suspension/revocation. The suspension/revocation is a result of 1547, REFUSAL TO SUBMIT TO CHEMICAL TESTING This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PennDOT. Thank'you. MAILING ADDRESS: PennOOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~ " i ; ~ -' . . 12 J WWvJ"DoI-Wti~P(-\, Vi . \ /) L Vr D'( \ \/.tJ V t11J('c;/ LAv\ ~ ~\ rJlrV/ V/J OJ '\)v ~ ., .'...,. " .-.- .....,... ".,. , , ~ ":.- ' ~_."' " " VERIFICATION I, Anthony T. McBeth, am attorney for the Petitioner in the captioned action. I am verifying the attached document for the Defendant in that he is outside the jurisdiction of this Court, and in that I have personal knowledge of conversations that are described in the document. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. ~ 4904 (relating to unsworn falsification to authorities). ']~UhYll.uA/ 4, (~~ ~ ate I ~~ , ..,....'~Je/rJ3 3IiJ(j 'J",,__" ..:J c'<J ,.... L,',. (' ., . . DIS -r. . ANTHONY. T. McBETH ATIORNEY A't LAW 407 NORTH FRONT STREET FIRST FLOOR HARRISBURG. PA 1710\ PHONE (717) H8-;686 "'_>""0 ~ .. ~ i> i:j S l€ l"l<~ t-~ ~ ~;:~:; ~ . < Z 0 c., M '"',. ~Ii <5 "' ~ h~i ~ ~ < Z ~ iE z :; :: < .,. 1-"~-oO G "" _ 'v ~ ~" CARRIE A. LEVANS, Petitioner IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. NO. t)(,9/f 2/fff COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent AND NOW, this ~'!:; ORDElu oU , 1999, upon of consideration of the within Petition, it is hereby ORDERED JPA/ AND DECREED that a hearing be held on the Lh,~ ~OoO 1/ -- ~ -- ...~ ,.(1 ~ J J, in Courtroom No. :3 the Dauphin County Courthouse, Front and day of at tJ~tl{) L.m. at Market Streets, Harrisburg, Pennsylvania. Notice of said hearing shall be provided to the Department of Transportation, Bureau of Motor Vehicles by " petitioner's attorney at least thirty (30) days prior to the date of the hearing. Also it is hereby ORDERED AND DECREED that a Supersedeas be issued until final determination of this matter. BY THE COURT: ~~J Distribution: Prothonotary's Office (original) Anthony T. McBeth, Esquire Department of Transportation, Bureau of Motor Vehicles , J/cJ~ 19 97' I hereby certIfy that the foregoing is . =_00 0.': 7;;::~' p~ y , . " ~r"'" ,IIIIJII_ ", r- {\ {'~, f ~ O' ht:\,ICl~ t O~-I"'- OF lr"l'.lCi,: ' PRO'J"'. !-IO'h' '\.1' AR'..[' 'I ,J,j~ u' 1M" No. Z2 8 56 Mf' '99 DAUPHIN COUHTY PEN;';,'. ''"'""T'" ,~~.. IT' ~__,~~'W:" '"'" )WiIl!I u, .~. 1'_ -.,-' , "I'""T~"'>'!~' I\i~i - -;.",;-~~ , ~; CARRIE A. LEVANS, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA REQUEST FOR ASSIGNMENT OF NON-JURY PROCEEDING PETITIONER : NO. Lf0~1f .9/1!lq v. C.OMMONWEALTH DEPARTMENT OF : We hereby request that this matter be : assigned for judicial disposition. We OF PENNSYLVANIA .: certify that the following matter is ready TRANSPORTATION ,: for judicial disposition. : PETITION FOR APPEAL OF SUSPENSION OF DRIVER'S : UCE~r~E RESPONDENT Previous assignments/related cases: NOVEMBER 4, 1999 ANTHONY T. MCBETH, ESQUIRE 407 NORTHAf~&Wr STREET HARRISBURG, PA 17101 Address (717) 238-3686 . Telephone Number Date to Court Administrator: '1. Noe IX-rt..I ,I CARRIE A. LEVANS IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NO. 4634 S 1999 ORDER AND NOW, this day of ,2000, the appeal filed in the above referenced matter is: REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this I appeal shall be RESCINDED. WITHDRAWN. CONTINUED AND RESCHEDULED FOR THE DAY OF ,2000, AT .m., IN COURTROOM NO. OF THE DAUPHIN COUNTY COURTHOUSE, HARRISBURG, PA. ~<-(j.I ~~~-fib ./ ~;d BY THE COURT: J. ATTEST: Copies to: Stephen S. Stokwitz, Esquire, Office of Chief Counsel, 9ttJ Floor, Forum Place, 555 Walnut Street, Harrisburg, Pennsylvania 17101-1900 ( Anthony McBeth, Esquire, 407 North Front Street, Harrisburg, PA 17101 v. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO. ~S 1999 fiJ''r CARRIE A. LEVANS, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent ORDER AND NOW, this day of January, 2000, upon consideration A.M.) u hearing, the Court of petitioner's Motion for a Continuan~of t----[Jle have notice of the 2000 at 9:00 is hereby ORDERED that The e set by further Order of this Court. Todd A. Hoover, Judge Distribution: Original: Prothonotary Copy: Anthony T. Mcbeth, Esquire 407 North Front Street Harrisburg, PA 17101 Copy: Stephen S. Stokwitz, Esquire pennsylvania Department of Transportation 555 Walnut Street, Ninth Floor Harrisburg, PA 17101-1900 ~- -'.- CARRIE A. LEVANS, petitioner v. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO. 4634 S 1999 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PETITIONER'S MOTION FOR A CONTINUANCE 1. Your Petitioner, by and through the undersigned, filed an appeal from a drivers license suspension on November 4, 1999; the appeal was docketed to the captioned term and number. 2. To date, the undersigned has never received an order setting a hearing date and, in fact, had not served the petition on the Pennsylvania Department of Transportation in that the undersigned was waiting for an order setting the hearing date, and intended to serve the petition on PennDot at that time. 3. On the morning of January 14, 2000, the undersigned received a telephone call from Stephen S. Stokwitz, Esquire, counsel for PennDot. Mr. Stokwitz was inquiring as to whether the "hearing will go forward as scheduled on Tuesday, January 18, 2000, first thing in the morning." 4. This is the first indication that the undersigned has had that a hearing date has been scheduled; therefore, the undersigned told Mr. Stokwitz that the undersigned had never received a hearing order and did not know that a hearing was scheduled for January 18, 2000. 5. During the same conversation, the undersigned informed Mr. Stokwitz that the issue would be whether Petitioner's conduct at '~,~ ~ _.~ the Cumberland County booking center on or about September 5, 1999 constitutes refusal of a breathealizer test; it was the undersigned's intention to obtain a copy of the video tape of this event, after the undersigned was given a hearing date. 6. At this point, because there was no hearing date, at least as far as the undersigned was concerned, the undersigned does not possess a copy of the video tape, and could not obtain one by the morning of January 18, 2000. 7. For the reason stated above, Petitioner and the undersigned request a continuance from the apparently originally scheduled hearing date of January 18, 2000; if the hearing date were continued, the undersigned envisions presenting a copy of the video tape to the Court, with the Court presumably taking the decision under advisement upon viewing the video tape. 8. During the telephone conversation between the undersigned and Mr. Stokwitz as described previously herein, Mr. Stokwitz informed the undersigned that PennDot takes no position with respect to this request for continuance, and will simply defer to the Court's discretion. 2 -,>- ~, WHEREFORE, the undersigned requests this Honorable Court to grant a continuance of the hearing from January 18, 2000, and to provide any other relief this Court deems appropriate. ~..~ I~I Wro te tJ thony T. c eth, Esq. Attorney 0 petitioner 407 North nt St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 3 -- -~...... - .,~~~ VERIFICATION I, Anthony T. McBeth, am attorney for the petitioner in the captioned action. I am verifying the attached document for the Petitioner in that I have personal knowledge of conversations that are described in the document. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. ~ 4904 (relating to unsworn falsification to authorities). ~~ I~, ltma te 6 ' Ll_' :::.> L'. , C) i_..' ,,' G-: l.t.- o . co ..;;r i ~t .,'/ ~1d 0 ~5.~ 'l ~ t--.-J._J V :~~~ .... !C' ~ ::f 0"- ~~ ti ~ ,n 2:0\ 1\l1lU j.," I U ' or . '1'>J C"tii'tl'f ,,!,HP",I" v \..'r-\'''''' '~'\":''';r~~' , ,~r- r1~H&~OF " I-Hl\40ic<R'{ .'....., . 0' 1i<;!,C r- I c::, L,j lJ_ o o . i\ ;~~""- ANTHONY T, McBETH ATIORNEY AT LAW 407 NORTH'FRONT STREET 0- FIRST FLOOR HARRISBURG, PA 17101 PHONE (717) 238-3686 ~ ~ - ~ 0<> r%l~ ;::::g U~~Ol:""~ ~,.,!< g if.~ f-<~OIiO- ~~i::f;;~E ~~!~iI \ ~. o ~ CARRIE A. LEV ANS, Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-700 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL IN RE: RESPONDENT'S MOTION TO OUASH APPEAL ORDER AND NOW, this Z,," day of September, 2000, after hearing and careful consideration of the testimony adduced, the court being satisfied that the allowance of an appeal nunc pro tunc in this case would be a clear abuse of discretion, the motion of the Commonwelth, Department of Transportation to quash the within appeal is GRANTED and the within appeal is DISMISSED. See Korell v. Com.. Devt. ofTransp., 551 A,2d 398 (pa.Cmmwlth. 1988). BY THE COURT, :rlm . ;4 J.. Kev' . Hess, J. i!~ fl/~ 9; ,2.1~OO "Xs Anthony McBeth, Esquire For the Petitioner George Kabusk, Esquire For the Respondent I! iI.'~'-' f'_ OOSf:P28 Pi'!:I: 16 CUMBf:FiUv\O COUNTY PENNSYLVANIA --- ~,. .