The URL can be used to link to this page

Home My WebLink About00-06822 .,]j;'o' ::'". ~~"..J ' , ,.. ,I ^L..~ "' " ROBERT BRUCE URBEN Appellant r~:i-'J,.; OCT 6 2' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v COMMONWEALTH OF PA, DEPARTMENT: OF TRANSPORTATION, BUREAU OF : NO. tV - '?f.;Q DRIVER LICENSING Appellee ~ ORDER OF COURT AND NOW, this IIJiA day of ~A.J ,2000, based upon Appellant's Appeal, a hearing shall be held on 1,-rA day of DA'Plnh/l /' ,2000, in Courtroom.':L at /1 ;01) o'clock~.m. at the Cumberland County Courthouse. yo 1/4- t.~ -fY)~ /0-11- 00 f<X-3 J. . i: Ii I' II !I i I , I I I, I II II il i~ ,'I ~~ i~ '.1 !ii "' , .1 ~",4i"cij~l~lIT'RI ,~. '''~''.'_ N'.' fJr_1 t'r'7 L\.'1 (j'j :3~h3 ;" ",/",." ,'>,(-., 11,ITV VUI,II,~'_.. ;.".' v~A< ~ i i PEN;'\SYLV/-\[\J!/\ ,~~~,......^",,,,,,~,~,.,~!IIl'W '!<i'l'1""~~'~l1\'~"-!Wi)~,%'W-~?85:-:Rl'l'?ff~W:r"%'-!I!'~~:i'-~~Ol'!"!~"'ii;i1m~, 1" ""''''''''_"'''',,',' ,.-'""^ I - >ilItmlj .. - ROBERT BRUCE URBEN, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. fHJ ~ {,f.2.2. ~ ~ v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee CIVIL ACTION APPEAL OF DRIVER'S LICENSE SUSPENSION APPEAL OF DRIVER'S LICENSE SUSPENSION The Appellant files this appeal of driver's license suspension, and in support thereof, avers as follows: 1. The Appellant is Robert Bruce Urben, an adult individual residing at 127 Yellow Breeches Drive, Camp Hill, PA 17011. Appellant's driver's license number is 26270906. 2. The Appellee is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. 3. On April 12, 1999, the Appellant was issued a citation for exceeding the speed limit. 4. In July, 1999, Appellee suspended Appellant's operator's license for failure to respond to the speeding ticket. This suspension was given without notice to Appellant, and Appellant had no knowledge of the suspension until July 24,2000. _'51Y' 5. On July 24, JOOU, the appellant was issued a citation for driving under a suspended operator's license. ..( 6. On September 4, 2000, the Appellee suspended the Appellant's driving privilege for a period of one (1) year for driving under a suspended license. 7. The aforementioned suspension of Appellant's driving privilege is invalid because the July 1999 suspension was without notice to Appellant and therefore invalid. Because the . . I I J ""-. '" '^~~ .' 1999 suspension was invalid the Appellant could not be convicted of driving under a suspended operator's license. Therefore, the 2000 suspension is improper. WHEREFORE, Appellant respectfully requests that this Court overturn the decision of the Appellee and restore the Appellant's operator's license. Respectfully submitted, ~~ Robert B. Urben I hereby certify that the statements herein are true and correct. I understand that the statements made herein are subject to the penalties set forth at 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. ~~r- . Robert B. Urben "r -:';'!f,"~~~ ,~ ~ I .' I _.I-, " ."'" ~'~~ ,,=' , ' .,' ~ t!t1i-, CERTIFICATE OF SERVICE I hereby certif'y that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, ~, ,1"P~i:iting Ii 1IBfl')" 6f tl,c ~llfl.le iB tl:Hl TJcitlla 8tzrtll1l .~~ Sel'~ l3..Y ~ utbef\ Pennsylvania, through first calss certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of the Chief Counsel 3rd Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ~ UJv..f'. Date: 'C)-l)~ . rei] ""^"';'~~~M'#ii!ei?''';;}I~rn;~ilg~..J!ih~t(lf'''''''.8:Mi&,\t.1!llicy'..~"iX&llM11Ji'il!!lf*,\~,M",~'i~l;,;' - ~""h-~.<'iill!'. '~RIiWJ~M_1 .~1i1i,- ~'"' ~ ~..>!.r~~ .~ . ~ I (") c;. ,.-.... V\ c 0 '._.J ~ ~ ~ "I; , '=' , gz~': ,:-) , 1 ~ B --l ~ 7( I S{!= c.r. '\ !<c. ~j~~ \ ec ::'T~ ~ L..r;. ~. ~. . )>c: If? ~ ...,...-' Z :J1 ::;: , =< (..:> :n , ~ -< ~ ~ ~~ ,~,,' " .~. , -> ~ '. -, . -;I"' ~ ~' I ~ ~ I. ," ~I L: , -,.-I~ ,. ". .c , , ' ~ 1 . , '.' , O,j" lL.i:"IJ,', " . ROBERT BRUCE URBEN Petitioner IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY,PENNSYLVANlA v. NO. 00-6822 CNIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRNER LICENSING Respondent LICENSE SUSPENSION ORDER AND NOW, this _ day of . 2000, upon motion by the Department of Transportation, the appeal in the above referenced matter is quashed as untimely filed. BY THE COURT: J. Attest: Robert Bruce Urben, 127 Yellow Breeches Drive, Camp Hill, PA 17011 Terrance M. Edwards, Esq., PennDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 ~ ~" "I ~L "" '""n ,_ "",-' /$i.; " ROBERT BRUCE URBEN , Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6822 CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent LICENSE SUSPENSION MOTION TO OUASH AND DISMISS APPEAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW your Respondept, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, Terrance M. Edwards, Esquire, and moves this Honorable Court to quash the appeal in the above-captioned case for the following reasons: 1. The appeal is untimely. The Vehicle Code, 1976, P.L. 162, June 17, as amended, 75 Pa.C.S. !l1550, provides that any person denied a driver's license or whose operating privilege has been recalled, canceled, suspended or revoked by the Department shall have the right to appeal to the Court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). 2. 42 Pa.C.S. ~933 provides that the Courts of Common Pleas shall have jurisdiction of appeals of final orders issued by the Department of Transportation pursuant to, inter alia, Section 1550 of the Vehicle Code, 75 Pa.C.S. ~1550. 42 Pa.C.S. ~5571(b) provides that an appeal from a "government unit to a court. . . must be commenced within 30 days after the entry of the order from which the appeal is taken." 42 Pa.C.S. ~5572 provides that the date of entry of such order is the "date of mailing if service is by mai1." In the case sub judice, notice of suspension of Urben's driving privilege was properly mailed on September 4, 2000, to his "address of record" pursuant to Section 1540(b)(l) of the Vehicle Code, 75 Pa.C.S. ~1540(b)(l). , , ..,," " , li'.' 1Ilim.rlll!ii, .' 3. Accordingly, Urben was required to file his appeal, if any, within 30 days of the date the notice was mailed to him on September 4, 2000. Maxion v. Department of Transportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); McKeown v. Department of Transportation, 601 A.2d 486 (Pa. Cmwlth. 1991). 4. Pursuant to 1 Pa.C.S. ~ 1908, the thirty-day period began on the day following the date of mailing, i.e., on Tuesday, September 5, 2000. The thirtieth day was Wednesday, October 4, 2000. However, the appeal was not filed in this Honorable Court until Thursday, October 5, 2000. 5 Accordingly, this appeal was clearly filed more than thirty (30) days from the date the notice of suspension was mailed. "Where an act of assembly fixes the time within which an appeal must be taken, the time may not be extended in the absence of fraud or its equivalent." Department of Transportation, Bureau of Traffic Safety v. Royster, 377 A.2d 1038, 1039 (Pa. Cmwlth. 1977), quoting Luckenbach v. Luckenbach, 281 A.2d 169, 169 (Pa. 1971). See Also: Department of Transportation, Bureau of Motor Vehicles v. Shenzer, 629 A.2d 1063 (Pa. Cmwlth. 1993), appeal denied, 637 A.2d 294 (Pa. 1993) (appeal quashed when filed one day after the expiration of the 30 day appeal period). Department of Transportation, Bureau of Traffic Safety v. Warenczuk, 636 A.2d 1225 (pa. Cmwlth. 1991), aff'd, 633 A.2d 1167 (Pa. 1993), cert. denied, 511 U.S. 1092 (1994). Department of Transportation, Bureau of Driver Licensing v. Gelormino, 636 A.2d 224 (Pa. Cmwlth. 1993). Department of Transportation, Bureau of Driver Licensing v. Grasse, 606 A.2d 544 (Pa. Cmwlth. 1991). Department of Transportation, Bureau of Driver Licensing v. Kruc, 557 A.2d 443 (Pa. Cmwlth. 1989). Korell v. Department of Transportation, Bureau of Driver Licensing, 551 A.2d 398 (Pa. Cmwlth. 1988), appeal denied, 575 A.2d 571 (Pa. 1990). 6. The law is well-settled that appeals nunc pro tunc are allowed only "where the party making the request has shown that the delay in filing the appeal was engendered by extraordinary J _!~ ~~ , .'" .~ '_" J. '~ ' ':;'~ "",';....J, ,_~~, -- o.~i " circumstances involvingfraud or a breakdown in the court's operations through a default of its officers, which has resulted in injury to the appealing party." Department of Transportation, Bureau of Traffic Safety v. Rick, 462 A.2d 902, 903 (Pa. Cmwlth. 1983) (emphasis in original). 7. "Jurisdiction is the predicate upon which a consideration of the merits must rest." Robinson v. Pennsylvania Board of Probation and Parole, 582 A.2d 857, 859 (pa. 1990). An appeal taken after the right to take an appeal has expired is null and void and is subject to be quashed and dismissed for want of jurisdiction. Maxion; McKeown. WHEREFORE, the Department respectfully requests that its Motion to Quash be granted and that the aforesaid appeal be dismissed. Respectfully submitted, ~ ,L, Terrance M. Edwards, Esquire Assistant Counsel Attorney J.D. No. 25231 Riverfront Office Center Office of Chief Counsel 110 1 South Front Street, 3rd Floor Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 , [)L-32E) (9/95) CERTIFICATION DATE: December 8, 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. ~P{~ BRADLEY L. MALLORY, SECRETARY 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 09/04/00, effective 10/09/00; 2) Record of Conviction Details received by the Department electronically from the DISTRICT COURT NO. 19309, FOR Citation No. A39015071, date of violation 07/24/99, date of conviction 08/22/00; 3) Official Notice of suspension of operating privileges dated & mailed OS/27/99, effective 06/17/99, and 4) Driving Record, which appears in the file of the defendant ROBERT BRUCE URBEN, operator's no. 26270906, date of birth 03/29/66, 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,-8S amended, 42 Pa.C.S. SS6103 and 6109. IN TESTIMONYWHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID'n <X~ ~ . SEAL REBECCA L. BICKLEY, DIRECTO BUREAU OF DRIVER LICENSING ,orllllllaf .. "'" " " , ' :'1 I , ~h__ , - -'Liil'L COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licen,ing Mail Date: SEPTEMBER 04, 2000 ROBERT BRUCE URBEN 127 YELLOW BREECHES DR CAnp HILL PA 17011 WID. 002~lbll0~Ob~SS 001 PROCESSING DATE 08/28/2000 DRIVER LICENSE' 2b270'Ob DATE OF BIRTH 03/2'/l'bb Dear MR. URBEN: This is an Of1'i.ci.al Noti.ce 01' the SUspe"si.on of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 08/22/2000 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 07/24/1999: · Your driving privilege is SUSPENDED 1'or a period 01' 1 YEARCS) e1'1'ecti.ve 10/09/2000 at 12:01 .... Before PennDOT can restore your driving privilege, YOU sust follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PR,OOF OF INSURANCE. You should 1'ollow ALL instructions very care1'ully. Even if you have served ell the t~ on the suspension'revocation. w. c.nnot restore your dr1v1ng pr1v- llege unti.l all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current PennSYlvania driver's licenses, learner's permits, temporary driver's license, Ccamera cards) in your possession on or before 10/09/2000. You say surrender these ite.s before, 10'09/2000, for earlier credi t I however, you may not dr ive after these itees are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center tor a cost of $9.00. You must present two (2) fores of proper iden- tification Ce.g.. birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your llcenseCs). Complete the follOWing steps to acknowledge this suspenSion. <\\-\ -~'''''''' .. ~ u , " I'. ..j " ~"'" ' .~'L'~~! 002416110406455 1. Return all current Pennsy1va~ia driver's licenses, learner's permits and/or camer. cards to PennDOT. If you do not have any of these it~ms, send a sworn nota- rized letter stating you are aw~re of the suspension of your driving privilege. You must specify in your letter whY you are unable to return your driver's license. Remember: You may not retain yqur driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 HarriSburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's lieensetsl, leerner's permitts), end/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from US within 3 weeks, please contact our oHice. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571<al t41 of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restorat ion fee toPennDOT to be restored from a suspension/revocation of yOU~ driVing privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed ApPlication for Restoration. The amount due is listed on the apPlication. 2. Write your driver's license number tlisted on the first pagel on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. ~,.",".- .~ I. ' I i." L~ .~ , .",' .....;.~" ' . 'lWiir~~',i 002416110406455 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a letter aSking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if YOU do not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDOT is notified if you move from your current address. You may notifY PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the lIIail date of this letter, SEPTEMBER 04, 2000. If you file an appeal in the County court, the Court will ,1ve you. t1me- stamped certified COpy of the appeal. Send this time- stamped certified copy of the appeal by certified lIIail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 10/09/2000. 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 dl.1~il&e. ~.--,-, . ,I ',Ll C7203S00 3DL03S02 Conviction Detail WIP No Name Cheek Digits 1st Line Address: 2nd Line Address: City/State/Zip Date of Birth Operator Number Social Security Di$trict Number Cit:ation Number Docket Number Fine Amount Owed section Violated: Su::;p Auth Code Speed Limit speed Traveled Section Descript: l5-RETURN 20-NEXT .', ',.,;." """""""-t'i\;g,: Screen 1 of 2 A0730301 l2/0S/00 00236 92S3 539657 OOl URBEN ROBERT B 127 YELLOW BREECHES DR. 00000 CAMP HILL PA l701l 03/29/66 1 Oper Lie State 26270906 Sex/Race Violation Date 19309 Filing Date A3901507l Issue Date TR000249199 Defendant Plea 200.00 Conviction Date 271.50 Response Date 1543A Disposition Charge Seq No Transmittal Date TRANSMITTAL TIME DRIV WHILE OPER PRIV SUSP OR REVOKED 23-NXT-ONREC PA M 07/24/99 1 OS/03/99 1 OS/03/99 l GP OS/22/00 2 0 GP 001 OS/23/00 2 06000l "~ "' "--iii:I" C7203800 3DL03803 Conviction Detai1 Screen :2 of :2 A0730301 12/08/00 Customer Number 26270906 Customer Name URBEN ROBERT B Comm Vehicle Ind N Offense Place PLEASANT DR HAZMAT Ind N Offense Time 0000 CDL Holder Arrest Agency PA0674700 Vehicle OLDS Officer ID N13 Registration No BWN4165 County 67 REGISTRATION YEAR 99 Boro/Twp 220 Registration State: PA Route Vehicle Type CP Title 75 Same as Defendant Update Indicator: Y Defendant Signed N Susp/Rest Ind AOPC send Date 08/23/00 2 15-RETURN 20-NEXT 22-1ST-INREC - ..>1 ~,I - ,,', ',~ " ". t~ji CO"1~(JNWf ^l ! if I'i ! t till,! V[f'ARTI1LNl OF lRANSJ'1J1I1 II 111m Bureau of Driver licer'~lrlg Mail Vate: MAY 27, 1999 . . ROBERT BRUCE URBEN 127 YELLOW BREECHES DR CAMP HILL PA 17011 ~ID t 99140923233060~ 001 PROtESSING DATE O~/20/1999 DRIVER LICENSE t 26270906 DATE OF BIRTH 03/29/1966 t Dear I1R. URBEN: This j~. an Otfi("}..l} Notlfta of thf" Sllsppn~,l()n of yotlr ()rlving Prjvilege as' authorIzed by Sectjor, l~j~A of thp Pen'15ylvania Vehicle Code. Your driving privilege WIll be suspended ef- fective 06/17/1999 at 12:01 a.m. for fallIng to re,pond to citation number- A42646214 (Amount Owed SI53.00) I,sued on 04/12/1999. This citation is a re,ult of your VIolation of Section 3362 of the Penn,ylvanla Verncle Cod,,: EXCEEDING MAXIMUM SPEED. This suspension means that you will not b" allow"d to driv" a motor vehicle on or after 06/17/1999 un Ie,s you are noti- fied in writing by PennDOT that your drtving prIvilege is restored. PLEASE READ THIS LETTER IN ITS ENTIRETY. THIS IS A FINAL ORDER OF SUSPENSION. THE ONLY WAY TO AVOID THIS SUSPENSION IS TO COMPLETELY FOLLOW THE DIRECTIONS BELOW FOR RESPONDING TO THE CITATION BEFORE THE EFFECTIVE DATE. IF YOU DO NOT FOllOW THESE DIRECTIONS, THIS SUSPENSION WILL GO INTO EFFECT ON 06/17/1999. RESPONDING TO THE CITATION If you r-espond to the citation BEFO~E the suspenSion date, you will avoid this suspension. In or-der- to respond to this citation, you must follow the steps below: I. Contact the Court: DISTRICT COURT 2967-A N 7TH 5T HARRISBURG PA I7J 10 (717) 238-338H 2. Tell the COl!rt, in person or by mall, wheth~r you wish to plead 'guilty' or 'not guilty' t.} th~ violation. Please Note: If you pay the IIn. WIthout 'Ignlng 'guilty' or 'not guilty,' it is con~ldered an automatIC plea of 'guilty.' a. If YOll plead 'guilty,' pav ~dl fines ann CO'its. Mail your check or money ordrr to the COllrt or ap- pear in person and pay by cash. check or money or- f) i"" I , 991409232330605 der. It is your responsibility to make sure that the Court receives your payment BEFORE 06/17/1999. Do not mai1 or bring your citation payment to PennDOT. b. If you plead 'not guilty,' pay all fines and costs plus a $5.00 hearing fee. Mail your check or money order to the Court or appear in person and pay by cash, check or money order. It is your responsi- bility to make sure that the Court receives your payment. IIIlFORIt 06/17/1999. Do not m&i1 or bring your citation payment tOPennDOT. The Cour twill assign you a hearing date. If you do not appear, YOU will be charged as guilty. c. Contact the Court if this letter does not list an amount owed for the violation. d. If you have questions about this process or cannot afford to pay all fines and costs, contact the Court for assistance. 3. If your response to the citation is accepted by the Court BEFORE 06/17/1999, you will receive notice from PennDOT regarding restoration of your driving privilege. 4. Please Note: Responding to the citation before the sus- pension date ellcuses 1I0U from this susPtlnslon of YOllr driVing privilege, not the actual violation. If you plead guilty or are found guilty by the Court. you are still SUbject to the penalties for that violation under the Ptlnnsl/lvania Vtlhicle Code. COMPLYING WITH THIS SUSPENSION You must return any current Pennsylvania driver's license, learner's permit or temporary driver's license (camera card) in your possession. You will not receive credit toward serving any suspension until we receive your documents. Complete the following steps to aCknowledge this suspension: 1. Return your current license. permit or camera card to the address below. If you do not have any of these items. complete and return one of the fOllowing, . A Dl-16lC Acknowledgment form (available at any driver license center) . A notarized affidavit (letter) stating that you are aware of the suspension of your driving privilege 2. Be sure to sign the form or affidavit. 3. Return all items to: Pennsylvania Department of Transportation Bureau of Driver licensing P.O. Box 68693 Harrisburg, PA 17106-8693 .-,,"' ~' "~ ~".. ''"~r'\' I ...<...~~L ~' ,I .' --, 991409232330605 4. If you do not receive a receipt from us within 3 weeks of mailing your documents, call our office immediately. PAYING THE RESTORATION FEE If YOU do not respond to the c1tat10n BEFORE the suspension date, you w111 be suspended and must pay a restorat10n fee to PennDOT to be restored. Comp1ete the fol10w1n9 steps: 1. Complete the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit . 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this suspension to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter. HAY 27. 1999. After 1I0U file the appeal in the County Court. send a time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor. Riverfront Office Center Harrisburg. PA 17104-2516 Remember. this is an OFFICIAL NOTICE OF SUSPENSION. You must respond before 06/17/1999. Sincerely, ~~,~ Rebecca l. Bickley, Director Bureau of Driver licensing IN STATE OUT-.OF-STATE INFORMATION 7:00 a.m. 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 to 9:00 p.m. TOO IN STATE TOO OUT-OF-STATE , " ."~ol.=;"'i!;;;. __~~'ri " , I, 0 L...", I , PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY OCT 06 2000 DRIVER: ROBERT BRUCE URBEN 127 YELLOW BREECHES DR CAMP HILL, PA 17011 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE DRIVER LICENSE (DL) ....~ ~....,~ - , ,tll;" PAGE 1 : 26270906 : MAR 29 1966 MALE : REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) ------------------------------- ---------------------------------- LICENSE CLASS : C LICENSE ISSUE DATE: AUG 22 2000 LICENSE EXPIRES : MAR 31 20.02 ORIG ISSUE DATE . JAN 20 1~99 . MED RESTRICTIONS NONE LEARNER PERMITS : LICENSE STATUS . PEND SUSP"END . CDL LICENSE CLASS CDLLlCENSE ISSUED CDt LIC~SE EXPIRES ~):,..ENPbR$:EMENTS P.DI.~El~TB,t€TIQNS CDL LEAltrqE~P.ITS CDL LIC~SE .S'D~TUS SB ENOORSEMENT PROBATION~'1{LICENSE (PL) : . . . . NONE : NONE . . : PEND SUSPEND ------------....----------------.---- l'L LICENSE c'tiASS PL LICENSEOit!D"C;.ISS : PI. LICENSgdi:EfS~i1;ED .1l,tLICENSEilil~~!1.tES PJ? .LICENS:S'iiST~.TUS . . . . . . . . OCCQPATION~LIMI'DED LICENSE (OLL) .. . - " , , ---~_....__..._-_._---,------------_._--- '.. ",':',:, - OLL LICElN,$El.CLASS : OLL LIO~SE laSUED OLL LICENSElEXPIRES : O.J;.L L:ECENSE STATUS : *** CONTINUED *** t~ ..iJ ~"-.~"~- -- ~~ I <> """"----'~~_""<U'*".lli~'"i""".', .. PAGE 2 CERTIFIED DRIVING HISTORY - OCT 06 2000 - LICENSE NUMBER 26270906 CONTINUED -------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: APR 12 1999 VEHICLE CODE: 1533A FAILURE TO RESPOND SUSPENSION EFFECTIVE JON 17 1999 OFFICIAL NOTICE MA~LED MAY 27 1999 JUL 24 1999 VEHICLE cqD.1jl: 1533A FAILURE TQi;RESPOND SUSPENSIONmE~iFECTIVE SEJi!28 1999 OFFI'cIAL;)jlBif!icE MAILED.g1ElP 28 1999 JUL 24.].~99 VEHICLE'~QDE: 15330 FAIL'.!iORal\8POND i.i.....i.. SUSPE1ll'S;:i!tm:EFFECTiIi~E;~V;16 .r999 OFFICJ:M.lii~bTICE ~:i!~Ej)'ilIbv...l6'.i:999 - --. - ' "'. . RES1'ORAT:tO~OF OPERATING PRIVILEGES Aut 22 2000 APR 12 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 060 MPH IN A 035 MPH ZONE AUG 22 2000 ASSIGNED POINTS *** CONTINUED *** . ~"'-~,.""""~. .1 ~ -- tlli!fi... ~~'~' PAGE 3 CERTIFIED DRIVING HISTORY - OCT 06 2000 - LICENSE NUMBER 26270906 CONTINUED VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUL 24 1999 VEHICLE CODE: 1543A DRIVING WHILE SUSP/REVOKE AUG 22 2000 SUSPENSION FOR 1 YEAR(S) EFFECTIVE OCT 09 2000 OFFICIAL NOTICE MAILED SEP 04 2000 ---------------------------------------~-------------------------________a_______ REPORT OF MEDlCALSAND DEPARTMENTAL ACTIONS ---------------------------------------------~--------------------_______a_______ NO MEDICALS ORDEPAA. )~MElNTAL ACTIONS DURING TH,XSREPORTING PERIOD - -'-- -----------------------~~~----------~-~----~~-~--------~-----------------_._----- REPORTOF~€CIDENTS~ri];)I!iI1~'1!MENTAL AC'l'IQNS NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** . """..."-"-~..>~'> I, '. ~~_~"",'i";",, f' ,. < PAGE 4 . <:ERTIFIED DRIVING HISTORY - OCT 06 2000 - LICENSE NUMBER 26270906 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, ~.~~ . ,.' .' , "': - ".' . " - . . j <: "'.:::,'.: "", " :,,'.: "', SEAL DIRECToR, BUREAU. OF DRIVER LICENSING ... FOR . SECRETARY OF TRANSPORTATION "":. . . "...., COMMONWEALTH OF PENNSYLVANIAf;;S: DATE:OCT 06 2000 I HEREBY CERT,IF)( THAT REBE!ZCA:Li'dliUCKLEY, DliElllTOR OF THE BUREAU OF DR:tVEl~LICENSING'i~~;iT1t~;'!?~NNSYLVANJ;AJi~ElPARTMENT OF TRANSPORT.4'liJ:irQNiIS THE J;j.d.' . .....1ff0Sfii~J:!!AN OF . . . DRIVER LICENSING REGGgif)S1i[OF THE; i,';""'fiO]> TRANSIIi, dION, AS THE DIRECTORC:lt]j"ifB1ll1 AFOR .'!ili!JSIJE HAs' .... ".:1\[. CUSTODY OF THE ORIG...IN..,. AJ1;>.@.RM.ICRa..,.<Ot'WH.i...:ECHAR.E"m.iSESUBJECT . .,.... ";'., ,','q'j','" .... OF THE ABOVE CER'ti'F1CATIctm. . IN TESTIMONY WHERE9F,I HAVE HEREUNTO SET ,.I\tYHAND AND SEAL OF THIS DEPART14ENTTHE DAY AND YEAR AFORESAID. SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL " . ," .", 1-' '. I - ~ <k.-r_: ROBERT BRUCE URBEN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs" 00-6822 CIVIL COM" OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent CIVIL ACTION - LAW ORDER AND NOW, this / / ,J- day of December, 2000, it appearing that the within appeal is untimely filed and the court, therefore, is without jurisdiction to grant relief, the appeal in the above referenced matter is quashed" BY THE COURT, ,4d 'A Hess, l Lapw> 11aU J2-J~-OO R}{s Robert B. Urben Pro Se Terrance M. Edwards, Esquire For PennDOT :rlm --. =" ., - '~{1''''_ HLED.{FF1CE G': r:F:'J'f-'!ONOTARY 00 D'~C 11 PH 4: 18 CU;Vi8EFiu~,i-'10 COUNTY PENNSYlVAMlt " _lIl_lJIl! ,,.,,,., .-<"~ '~~'~" if,T~fJ5:!t-~~~ . --~ ~" H~~,. t"lf." _.:,~~:~~