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HomeMy WebLinkAbout00-00854 . ,~" I' "'~' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs NUMBER: 2000- B'51 CIVIL TERM KELLY L. SWEENEY Petitioner : APPEAL FROM LICENSE SUSPENSION PRELIMINARY ORDER AND NOW this Jtp15i. day of February, 2000, upon consideration of the foregoing Petition for Appeal From Order of the Secretary of Transportation Suspending Operator's License, a hearing is granted de novo to determine whether Petitioner is subject to suspension of this operator's license. This appeal shall act as a supersedeas of the Suspension Order. q ; t17J Hearing is fixed for 'f'n.md.IJ ~ ' the 17-di day of (J.~ A:, j ) , 2000, at o'clock C\. .m. in Courtroom No. L Fourth Floor, Cumberland County Courthouse, 1 South Hanover Street, Carlisle, Pennsylvania. By the Court, L ~~ )./.5-00 RK3 '11 1 ~ ~ ~!!Il!""!'I ~.~, ~~-,"~ I.Y' "'~ , ,-' ,.}1:,(J-~/\qy FE? -"-'18' I? i'.i'i ". .'... rd , I (X)Ur.jT\{ VIJ;\!':~I;t-\~,~CV'" ,', li^ n:,\I~\u" L'/'.h,n "' ,~""'''l~~ 1l1l!f.J11!!Wf'''l''!l"~''''~I1'1'''"'''''-'OW'~',",ffi'~~3!;~~~o:,'lfliFil'Jl~!m\'~!'ft11l! ~~." > 1iIlIlIlilIlII~~,I!l.~"_ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs NUMBER: 2000- 'iS54 CIVIL TERM KELLY L. SWEENEY Petitioner APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATORS LICENSE COMES NOW, the Petitioner, KELLY L. SWEENEY, andrespectfully represents as follows: 1. Petitioner currently resides at 8 Bard Drive, Shippensburg, Pennsylvania, 17257 (Cumberland County), and holds a driver's license of the Commonwealth of Pennsylvania. 2. On January 18, 2000, the Department of Transportation (PennDOT) mailed her an official notice suspending operator's license for a period of one year effective February 22, 2000 for the stated reason that as a result ofa violation on November 20, 1999, of violating Section 6308 ( offenses related to alcohol) her driving privileges were being suspended for a period of one year. A copy of the notice is attached to this Petition. 3. The Suspension Order ofPennDOT is improper, unreasonable, and an abuse of discretion, in that: iIiilil'lil ~'- ;'j.. a) Petitioner has appealed the decision of the District Justice finding her in violation of Section 6308 and has a summary appeal hearing date scheduling this matter for hearing in Cumberland County March 28,2000, at 1:30 p.m. b) Petitioner did not consume alcohol in violation of Section 6308, and has a meritorious defense, therefore no penalty for violation should be imposed prior to the Court determination of the validity of the underlying citation which will occur on March 28,2000.. Petitioner, Kelly L. Sweeney, respectfully prays that this Appeal be allowed; that a hearing de novo be granted; and that this Appeal act as a supersedeas pending said Hearing; and that upon conclusion thereof, Petitioner's driving privileges be restored to her. Respectfully submitted, JWA Sally J. inder, Esquire Attome or Petitioner, Kelly L. Sweeney 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 2 - ,........1,. ~.'..J"...._h VERIFICATION I verilY that the statements made in the foregoing Petition are true and correct to the best of my personal knowledge and belief 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: dill /00 ~~~d .r;wl1fl114 KELLY . SWEENEY "'-,,~-- ~ '.~, FROM CARAUSTAR PHONE NO. 410 785 0202 Jan, 19 2000 07:21AM P2,3 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver licensing Harrisburg, PA 17123 JANUARY 18, 2000 K[LLV LYNN SWEENEY 14'41 DAUGHeRTY RJ DOD11~11220a~81 001 01lU12000 25025~5a 011/10/1'17'1 Ntw FREEDOM.PA 113Lf'l Dear MS. SWEENEY: As a result of your violation on 11/20/1999 Section 6308 (offenses related to alcohOl), o~ivilege is being SUSPENDED for a period of 1 _andated by section 1532D of the vehicle code. of violating your driving YEAR[S) as In order to comply with this sanction yOU are reauired to return any current driver's license, learner's permit and/or temporary driver's license Cca.era card) in your possession nV later than the effeotive date. listed. If you cannot comply with the requirements stated above, YOU are reauired tv submit a DL16lC Form or a sworn affidavit stating that yvU are aware of the sanction agai.nst your driving privilege. failure to complY with this notice shall result in this BureaU referring this matter to the Pennsylvania State Pvlice for prvsecutivn under SECTION 1571(a)(4) vf the Vehicle Cvde. . Althou.gh t"e .law .Ilandates .,t.hat l/vur driVing p.rivilege ;i$. wAlfe, SWSlren'Sie'R 8.'_" if y.';i ... "Dt SW".".9A4ep yo.,,.' li."."r9. .... Cl"edlt will not begin until all current driver'$ licen.:;. p~oduct(s), the DLl'LC Farm, or a letter acknOWledging your sanctivn is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~~ective date o~ suspens~on Is 02/22/2000, 12:01 a.m. Please see the enclosed applicativn for restvration fee information. l-.l-~~, . . . ." ..-.. .....-..-.:.....--~ ~ ~ - ." ~~ ~ ~- - -....."""~ ~-" "'tr'~" FROM CARAU5TAR PHONE NO. 410 785 021J2 Jan. 19 2000 07:22AM P3/3 000116112208681 Vou have the right to appeal the Department'$ a~t10n to the Court of Common Plea~ (Civil Division) within 30 days of the JIIaU data (JANUARY 18, 2000) of thi~ notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal convi~tion. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: peNNSYLVANIA DEPARTMENT OF TRANSPORTATION --..-..-.. OFfO'I-ce-'OF CKIEFCOUNS1!L ..----.... THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sinc:erelY, ..~~,~ Rebecca L. Bic:kley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. .ox 68693 Harrisburg, PA 17106~8693 INFORMATION (1:00 IN STATE OUT~OF-STATE TOO IN STATE TDD OUT-OF-STATE AH TO ':00 PH) 1-800-U2-4600 717-391-6190 1-800-228-0676 717-391-6191 I ",~( '."'c;,e ,,""'f, -_ ~,' .""m%', _;_,,"\~,)~V;"~"_'" '';/!!(,Nc,_'."" ' .-- > ,-..",,-;<,."'~_", ,,~,'l;, "'_;""~<:, ~:;__" Wi"'_0..~_"",-4J@iei!;,., '_:t:<'_'~'o-;;.,.t ,;-- ;-Y'_. <;to<J", "."'.,,~, ~ it. C- ~ -:T .~ >- If) r:: 0 ~ C- ...:J l() 0- ..-:.t.. Z ,- ~:) <C . C) ( l::;:~ 1.I) :fi. '11 -.,,- C")~ u... C\:J' -:.r j cL -_7 )_ ;1- -~<~ .1J9 ------>"-'- '-('2 (':--:1 t_,.'jtU L.!...l ~~ ,~] 0_ u. L._ ~ C) :::; CJ- (.) SALLY J. WINDER Attorney at Law 701 E. King Street Shippensburg, PA 17257 - <. '-""'-'-'-'""0''''' '"""-""'''_'''~'"^''''"'''''"'~'''_''''''''~~'''_'''''''''~''"~'~'''~'''". FEB 1 4 20001P ,. - I . ~. "' J L DI..:.326 (9/95) ,. CERTIFICATION DATE: February 24,2000 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. ~ B NSPORTATION 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 01/18/2000, effective 02122/2000; 2) Report of a Court Ordering the Suspension of Operating Privileges as the Result of a Violation of Chapter 63 of Title 18, dated 11/20/99, seal attached to original; 3) Official Notice of suspension dated & mailed 11/11/98, effective 12/16/98; 4) Report of a Court Ordering the Suspension of Operating Privilege as the Result of a Violation of Chapter 63 of Title 18, dated 09/13/98, seal attached to original, and 5) Driving Record, which appears in the file of the defendant KELLY LYNN SWEENEY, operator's no. 25025658, date of birth 08/10/79, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. I STATE'S I EXHIBI~ I 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. CR~~. SEAL REBECCA L. BICKLEY, DIRE R BUREAU OF DRIVER LICENSING r- -J ~%, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg. PA 11123 JANUARY 18. 2000 KELLY LYNN SWEENEY 14941 DAUGHERTV RD NEW fREEIlOM PA 1134'1 00011611220&6&1 001 01/11/2000 2502565& 0&/10/1"119 Dear MS. SWEENEV: As a result of your violation on 11/20/1999 Section 6308 (offenses related to alcohol>. privilege is being SUSPENDED for a period Of I mandated by section 1532D of the vehicle code. of viOlating your driVing VEAR(S) as 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 DLl6LC Form or a sworn affidavit stating that you are aware of the sanction against your driVing privilege. Failure to complY with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1511(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. Credit 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 YOUR LICENSE OR ACKNOWLEDGEMENT. WE WILL SEND YOU A RECEIPT. JF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~~ective date o~ suspension is 02/22/2000, 12:01 8.m. Please see the enclosed application for restoration fee information. <&\ ._<~" ~~ -~ J:-" 000116112208681 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date <JANUARY 18, 2000) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, ~~,~ Rebecca l. BiCkley, Director Bureau of Driver licensing SEND FEE/lICENSE/Dl-16lC/TD: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 117-391-6190 1-800-228-0676 717-391-6191 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLANl> ,.t...1ag. Dis\. No.: 09-3-01 OJ Name: Hon. KAROl,]) E. BENDER Add,e,,, 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Te'epho,. (717) 532-7676 17257-0361 PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING P.O. BOX 60037 HARRISBURG, PA 17106-0037 :'~ _I 000i-1 6112 .208681 SUSPENSION OF OPERATING PRIVILEGE - DL-21C COMMONWEALTH OF PENNSYLVANIA r VS. DEFENDANT: NAME and ADDAESS !sWEENEY, KELLY L. 1491 DAUGHERTY ROAD NEW FREEDOM, PA 17349 L Docket No.: NT- 0001009 - 99 Date Filed: 11/22/99 I .J .. COMPLETE APPLICABLE INFORMATION " J REPORT OF A COURI ORDERING COURT 09-3-01 - ....THE SUSJ:lENSIONOF . . COUNTY CUMBERLAND. .- OPERATING PRIVILEGE AS THE NUMBERNT- 0001009 - 99 RESULT OF A VIOLATION OF SESSION CHAPTER 63 of TITLE 18 YEAR 2000 FIRST MIDDLE LAST OPERATOR NO. 25025658 KELLY L. SWEENEY STATE PENNSYLVANIA ADDRESS 1491 DAUGHERTY ROAD AEGISTRATION NO. C'TY COUNTY STATE ZIP NEW FREEDOM PA 17349 YEAR STATE VIOLATION INFORMATION DATE OF VIOLATION DATE OF DISPOSITION DATE OF BIRTH MONTH I DAY 1 YEAR MONTH I DAY I ,YEAR MONTH I DAY I YEAR 11 20 99 12 21 . 99 08 10 79 VIOLATION COMMITTED: (Please use a separate form for each charge) (Check one): DISPOSITION: (Check one): ',. " .-.-- .".,' ','IlIl.~.,GONVIGTIOtJ _,..,., - PREADJUCATION DISPOSITION ~D -."18 PA.CS.~6307 !XI o 18 PA.C.S. ~ 6308 18 PA.C.S. ~ 6310.3 ( 0' ADJUDICATION OF DELINQUENCY ,. ORDER OF COURT: o (Including Consent Decrees) AND NOW, Having made the above recorded disposition, in accordance with the mandatory provisions of 18 PA. C.S. ~ 6310.4(a), this court orders that the operating privilege cif this person be suspended. A copy ollhis order is tobe forwarded to . the Department of TranspOrtation in order that the suspension .canbe imposed in accordance :-vith the proviSi?ns.of18,PA..C..S.., .,~. .' 63t~.(b.).. ..... .' . ..... ..... .... '.' BYTHE.C~.' .T..".... '.:. '.. "". ....:........ SI '.' ..f '-. The undersigned certifies'thatthe~oregoihg isa'6ertified record of the order of court mandated under the provisions of 18 PA. C.S. ~ 631 d.4(a). SEAL ,~~o~ /-~-()() (Date Certllied) ~OPC 621 C.9S SEND THIS FORM TO: BUREAU OF DRIVER LICENSING, P.O. BOX 60037, HARRISBURG, PA 17106.0037 ~-l-./" -~d- ,I "~--~~ - , L ~"-- I " . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER II. 1998 KELLY LYNN SWEENEY DAUGHERTY ROAD R R J. BOX bJ.b NEW fREEDOM PA 17349 983081.101999221 001 11/04/1998 250251.51.1 1)8/10/10979 Dear MS. SWEENEY: As a result of your violation on 09/13/1996 of violating Section 6308 (offenses related to alcohol). your driving privilege is being SUSPENDED for a period of 90 DAV(S) as mandated by section 1532D 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 latt!r 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)(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 product(s), the DL16LC Form, or a letter acknowledging your sanction is rec.eived In this Bureau. WHEN THE DEPARTMENT RECE I VES YOUR LI CENSE OR ACKNOWLEDGE- HENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTI ON. The effective date of suspension is 12/16/1998, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. if3 - - 983086101999221 You ha~e th~ right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (NOVEMBER ll. 1998) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal yOU have to file from the criminal conviction. THE APPEAL MUST BE SENT BV CERTIFIED MAIL TO: PENNSVLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 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 TOO IN STATE TOO OUT-Of-STATE AM TO 9.00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 -~<-,-,>, L" =1 ~ ~ ~ ~ ~,"J J, ci' COMMONWEALTH OF PENNSYLVANIA COUN"Pi' OF: CUlllBBRLAJ.tD ... tJag 0'1)1 Nt> 09-3-01 o.~ N~"lU Hnn DAVID P. PBlUtINS ""'.." 81 WALNUT BO'l"l'OM P.O. BOX 361 SHIPP_SBURG, PA ".P'>"' (717) 532-7676 17257.0361 PA DBPARTMBN'l' OF TRANSPOR'l'A'l'IOlIJ BUllBAO Oli' DRIVER LICBNSING P.O. BOX 60037 HARRISBURG, PA 17106-0037 98308 6101 999221 SUSPENSION OF OPERATING PRIVILEGE. Dl.21C COMMONWEAL TI4 OF PENNSYLVANIA VS, DEFENDANT: NAMEa'ldAOORE$S 'swBBIiIBY, KBLLY L. 1491 DAUGHD'n' ROAD Il1BW PUBDOII, PA 17349 L I Docket No.: N'l'- 0000811- 98 Date Filed: 9/14/98 .., ..J .. I REPORT OF A COURT ORDERING THE SUSPENSION OF ~PERATlNG PRIVILEGE AS THE RESULT OF A VIOLATION OF CHAPTER 63 01 TITLE 18 "--'~----'---"vlntJtE lAST COMPlonE APPLICABlE: 'NI"OtWA.:'iON- COURT .119.0] -01 ~_ COUNTY M1MR1I!D1'.A1lIn NUMBERN'l'- 0000811-98 SESSION YEAR 1998 ~l KELLY o ,-5 L. SWBBNEY M.2.1... D OG CITY R COLJIliTV STATE Il1BW FREEDOM VIOLATION INFORMATION DATE OF VIOLATION O.....fQRNO 25025658 51". P_SYLVAJIIIA ~OISTAAfION NO z.. PA 17349 YEAR S"TAfe DATE OF DISPOSITION OA TE OF BIRTH IVONri'l l;,ICr..f>1 "fAS; 09 13 98 1 VIOLATION COMMIT ED: (Please use a separate form for eact, charge) (Cher:tl.oR91 o 18 PA.L:.S.!i 6307 III o 18 PA.C.S.!i 6308 18 PA.C.S. !i 6310.3 ORDER OF COURT: MON'H CAV 08 10 ICMck onel all CONVICTION o PREADJUCATlON DISPOSITION (InrJuding Co-1ltotll Deet,@lMf o ADJUDICATION OF DELINQUENCY AND NOW, Having made the above recorded disposition, in accordance with the mandatory provisions of t8 PA. C.S. ~ 6310.4(a). this court orders that the operating privilege of this person be suspended. A copy of this order is to be forwarded to the Depar1ment of Transportation in order that the suspension can be imposed in accordance with the provisions of t 8 PA. C.S~(b). BV-:;'ECOlJ cA - T he undersigned certifies that the foregoing is a certified record 01 the order of cour1 man ted under the provisions of 18 PA. C.S. !i 6310.4(a). SEAL :.( C.~ -..- -_. --"-~-"--;;i;;;;-i~;7"---"-'''-'-"-'- AOPC fi21C 95 SEND THIS FORM TO; BUREAU OF DRIVER LICENSING. POBOX 60037. HARRISBURG. PA 17106.0037 _j{J"'~/ff ([)t,16ce~1 1t4 ~~,.,j,"""'-' ""'.-j ~ PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY FEB 23 2000 DRIVER: KELLY LYNN SWEENEY 14941 DAUGHERTY RD NEW FREEDOM, PA 17349 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE : 25025658 AUG 10 1979 FEMALE : REG LICENSE DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) ------------------------------- --------------------------------- LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES : ORIG ISSUE DATE : MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS C JUN 11 1999 AUG 31 2003 FEB 03 1.996 1 SUSPEt'jDED CDL LICENSE CLASS CDL LICENSE ISSUED CDL LICENSE EXPIRES CDL ENDORSEMENTS : NONE CDL RESrRICTIONS NONE CDL LEARN~RPERMITS : CDL LICENSE STATUS : SUSPENDED SB ENDORSEMENT : PROBATIONARY LICENSE (PI,) --------------------------------- PI, LICENSE CI,ASS PI, LICENSE9RIG ISS : PL LICENS~ ISSUED PL LICENS~EXP"IRES PI, LICENSE SrATUS . . . . OCCUPATIONAL LIMITED LICENSE (OLL) --------------------------------- OLL LIC~NSE CI,ASS OLL LICENSE ISSUED OLL LICENSE EXPIRES OLL LICENSE STATUS . . *** CONTINUED *** *6' I, .., PAGE 2 CERTIFIED DRIVING HISTORY - FEB 23 2000 - LICENSE NUMBER 25025658 CONrINUED -------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -----~-------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: MAY 12 1998 VEHICLE CODE: 3324 FAILURE TO YIELD MAY 29 1998 ASSIGNED POINTS SEP 13 1998 CRIMES COpE: 6308 UNDERAGE AiJCOHOL OFFENSE OCT 21" 1998 SUSPENSIO:NFOR 90 DAY(S) EFFECTIVE JAN 11 1999 OFFICIAL NOTICE MAILEDNOV 11 1998 Nov061998 VEHICr.,:E,l CODE: 336~ EXCEEt:i:~S:NG MAXIMq'&uS!?EED 045 MPR J:lol A 035~HZONE NOV" IT :1998 SUSPENS:I(l:NFOR 1.0.DAY(S) EFFECTIVE APR 11 1999 OFFICIAL NOTICE MAILED DEC 10 1998 i Ii j:i RESTORATION OF OPERATING PRIVILEGES APR 21 1999 NOV 20 1999 CRIMES CODE: 6308 UNDERAGE ALCOHOL OFFENSE DEC 21 1999 SUSPENSION FOR 1 YEAR(S) EFFECTIVE FEB 22 2000 OFFICIAL NOTICE MAILED JAN 18 2000 *** CONTINUED *** ~~ ~,~,. _~~__M ~~ " L. ",C PAGE 3 CERTIFIED DRIVING HISTORY - FEB 23 2000 - LICENSE NUMBER 25025658 CONTINUED REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD -------------------------------------------------------------------------------- REPORT OF ACCIDgNrSAND DEPARrMENTAL ACTIONS -------------------------------------------------------------------------------- NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** ~. . PAGE 4 CERTIFIED DRIVING HISTORY - FEB 23 2000- LICENSE NUMBER 25025658 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~~,~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:FEB 23 2000 I HEREBY CE.It.T.....I.FY THAT REBECCA.L....BICKLEY, DI.RECTOR OF THE BUREAU OF O~j;$:rr~LICENSING,OF'l'.B;EPENNSYLVANIA . DEPARTMENT OF TRANSPO~'iATW(!)N IS THE LEGAL CeS'l'ODIAN OF THE DRIVER LICEN. SING RE. c~:a:ilis. OF THE PE~M'i'fu1NTOF TRANSPORT. !A,TION. AS THE DIRECTOR~.@FF:'i'aE AFO~~SA.ltl.;et!REA1J, SHE HAS LEGAL CUSTODY OF THE OR.IG:tNA'iioR MICROFILMR. ECO~JjSWHICHARE THE SUBJECT OF THE ABO"VEC1J:~!liIFICAT:r:ON. IN TESTIMONYwHEREQ~, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL - ,- . '.'-' .,' .--1 -. COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: CUMBERLAND COUNTY, PENNSYLVANIA OF DRIVER LICENSING CIVIL ACTION - LAW V NO. 00-0854 CIVIL TERM KELLY L. SWEENEY, Petitioner APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 17th day of April, 2000, the above matter is remanded to the Pennsylvania Department of Transportation for the correction of the record in light of the fact that the underlying charge was dismissed, and to rescind the suspension which is the subject of this appeal. By the Court, George H. Kabusk, Esquire For the Commonwealth --t</- ~;L Ke~. Hess, J. 00 ~,\~t~ Sally J. Winder, Esquire For Kelly L. Sweeney :bg VI ,;a:' ......""""Uw' ~, '......... ,,_I. ~ N .. ".___, -...........lIlI!r.Oli!~.~.~ .- ~~ if; OD P:?R <" r' ~ _" "'~~_" x ~ . -'~ ~ ,:(~T/\FfY I'", "',I I. ..,'" ~. l....... CU;'iiji::L-J;~/\\~J CCUN"TY PE~jNSYLV/\[\liA .".. , ~' m