The URL can be used to link to this page

Home My WebLink About00-07724 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. JoDo- "'n;).~ (.Iv!! KENDALL ANNE MCLANE, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent ORDER FOR HEARING AND NOW, this ...1ll.6J{day of/1//7N.aniA../lpj ,2000, upon consideration of the Petition for Review of the Suspension of Petitioner's Operating Privilege by the Department of Transportation of the Commonwealth of Pennsylvania, a hearing de novo is hereby granted to determine whether the action of the Department of Transportation in suspending Petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is set for 9~ II ~.m. in Courtroom i ,in the Cumberland County Courthouse, One Courthouse Square, J,.() IJ! I)' "'" ,.2Qe6, at -" VI...) Carlisle, Cumberland County, Pennsylvania. BY THE COURT II - 3 -00 RX~ ! I'~,> _" , , , ~~- liS "~~~".I ...... ~ ~, ^'I,j(ma.~~~~WfllIlA < ~ ~,f' , ',_ ",~,:J\ ',. )lW,JC \;~:JJrl[.i~~J~~LJ JJUJ-I}t;;,,--,,,. i'" '" >."" ~,;~1, ~_ "_~'~~' ~ ~~,. "'--", ',' , ~~ , --~ -~ "'" 1__ p me:; -;'1';', ;"j,,;J:j ere. ,:,,<;?<<0 r---:.1.,--'" ~0 S:- (-. ::.ceil' >:;... '.. < ~ & ~ (::j c,,_ ~ !:) 'f ...... <::> :~' i --," f :~'j;!:; ~)~J~Fi cj',y: jfJ' ,,- ~ .......... ~ '. ~. ) vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()1J - '77.2. 'f (!;..;..p ~ KENDALL ANNE MCLANE, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORT A nON, Respondent PETITION FOR REVIEW OF OPERATING PRIVILEGE SUSPENSION NOW COMES Petitioner, Kendall Anne McLane, by her attorneys, Nauman, Smith, Shissler & Hall, LLP, and makes this petition pursuant to 75 Pa.C.S.A. S 1550 for review of the order of the Department of Transportation ("PennDOT") suspending Petitioner's operating privilege, and in support thereof represents as follows: I. Petitioner, Kendall Anne McLane ("Petitioner"), is an adult individual residing at 323 North 26th Street, Camp Hill, Cwnberland County, Pennsylvania. Petitioner is currently a full-time student enrolled at Boston College, Chestnut Hill, Massachusetts. 2. Petitioner currently possesses a valid operator's license issued to her on December 10,1996, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated August 25,2000, Petitioner was notified in writing by PennDOT of the entry of an order suspending her operator's privileges for a period of ninety (90) days as a result of a guilty plea to the summary offense of underage possession or transportation of alcoholic beverage under 18 Pa.C.S.A. S 6308 based upon an incident occurring on August 14, 2000. The 90 day suspension was effective August 25,2000 and terminates on November 23, 2000. :f ,~ , ,~ ,,'__A'~"_,'_-<R"_~r'~""~"'I.'_'.,'''' 0"_,"", 'Y"__~" ',_ . . - .. ~' ~-, 4. By separate letters dated August 25, 2000, Petition was notified of PennDOT's acknowledgment of receipt of her license and the commencement of her license suspension and the requirements for restoration of her license upon the expiration of her license suspension on November 23,2000. Copies <lfthe notice ofreceipt and restoration requirements letters are attached hereto as Exhibit "A" and made a part hereof. 5. By letter dated October 3,2000, Petitioner was subsequently notified in writing that PennDOT was suspending her operating privilege for the additional period of one year for the same violation of 18 Pa.C.S.A. 9 6308 occurring on August 14,2000 for which she already received the statutorily mandated 90 day license suspension, with said suspension to become effective November 23,2000, the date of expiration of the 90 day suspension. A copy of the letter dated October 3,2000 is attached hereto as Exhibit "B" and made a part hereof. 6. The one year suspension of Petitioner's driving privilege to be effective November 23, 2000, is improper and unlawful for the following reasons: (a) that Petitioner already received the statutorily mandated 90 day suspension for a fIrst offense of unlawful possession, consumption or transportation of alcohol under 18 Pa.C.S.A. 96308, which occurred on August 14, 2000; (b) the additional one year suspension of Petitioner's driving privilege for a first offense under 18 Pa.C.S.A. 96308 is not authorized under 75 Pa.C.S.A. 91532(d), is improper and contrary to law; and (c) Respondent, PennDOT, has improperly imposed multiple suspensions for a single first-time summary offense under 18 Pa.C.S.A. 96308. A true and ~,,-. ~ - -~ correct copy of Petitioner's certified driving history is attached hereto as Exhibit "C" and made a part hereof. WHEREFORE, Petitioner, Kendall Anne McLane, respectfully requests that this Honorable Court hold a de novo hearing pursuant to 75 Pa.C.S.A. 91550 and that the suspension order of the Pennsylvania Department of Transportation dated October 3, 2000 be set aside. NAUMAN, SMITH, SHISSLER & HALL, LLP 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108-0840 Phone: 717-236-3010 Fax: 717"234-1925 Attorneys for Petitioner, Kendall Anne McLane Date: October 31,2000 I I I !lo ",' ,'--, ' 1'"- # _ ,. ':~,__v'" ~_ _"" """""_",,,,_,,,"~"'-"'~,I"__'", ~>=" '" _.e ,,_ , __ . , n" ._. M. _, ~_ VERIFICATION I, J. Stephen Feinour, Esqnire, a member of the firm of Nauman, Smith, Shissler & Hall, attorneys for Petitioner, Kendall Anne McLane, in the foregoing proceeding, make this verification on behalf of Kendall Anne McLane, and do state that as an attorney for Kendall Anne McLane, I am authorized to make this Verification on her behalf, and further state that, Kendall Anne McLane is presently outside the court's jurisdiction and her Verification cannot be obtained within the time allowed for filing, and further based on information provided to me by the Petitioner, the facts set forth in the foregoing Petition for Review of Operating Privilege Suspension, are true and correct to the best of my knowledge, information and belief. I understand that my statements are made subject to 18 Pa. C.S. 94904 providing for criminal penalties for unsworn falsification to authorities. -...r--- Date: Oc:-t;,be.r ? ~ 2.(0:) ~+,,-__, I. -. _ ',".or. ,~~~~,,' .~ ,,~__,,"_O"', ~ -;::. I CO~NWEALTH OF PENNSYLVANIA DE i, ~ TMENT OF TRANSPORTATION BU . U OF DRIVER LICENSING HARRISBURG, PA 17123 08/25/00 o KENDALL ANNE MCLANE 323 NORTH 26TH STREET CAMP HILL PA 17011 002386201670843 001 08/25/00 25437217 11/06/80 Dear Motorist: This letter will acknowledge. receipt ~f the LICENSE you surrendered 08/25/00 to Serve your suspens1on, .revocation or disqualification period. Our records indicate that your LICENSE was returned to the Department by the OPERATOR. Credit toward serving your sanction began on 08/25/00. Sincerely, , . ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing 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 EXHIBIT I ,4 ~ ' _.." ,"-- , I ~ ,~~ COMMONWEALTH OF PENNSYLVA.JA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 08/25/00 KENDALL ANNE MCLANE 323 NORTH 26TH STREET DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 25437217 11/06/80 11/23/00 CAMP HILL PA 17011 Dear MS. MCLANE : 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 (PennOOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. ,This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. 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 chack or money order should be made payable to PennDOT. PROOF OF INSURANCE -Within 30 days of your ELIGIBILITY DATE, provide a copy of one of the following to PennDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: . *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PennDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. '11:1I- "AI 'r ~..,", '~~" ~~!-"" ~- I~~ LICENSE NO. 25437:;' o PAGE 2 TERM SUSPENSION/REVOCATION -You have a 90 DAY(S) suspension/revocation that began (or will begin) on 08/25/00. Credit for serving this suspension/revoca- tion began (or will begin) on 08/25/00 and will end on 11/23/00. The suspension/revocation resulted from a violation on 08/14/00 of Section 6308, UNDERAGE ALCOHOL OFFENSE 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 tliebeginning of this letter, on all documents you send to PennDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 11/23/00. , MAILING ADDRESS: PennDOT 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 -."'"" o " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 OCTOBER 03, 2000 CAMP HILL PA 17011 002706112515276 001 09/26/2000 25437217 11/06/1980 KENDALL ANNE MCLANE 323 NORTH 26TH STREET LICENSE IN BUREAU Dear MS. MCLANE: As a result of your violation on 08/14/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 1. YEAR(S) as mandated by section 15320 of the vehicle code. The effective date of suspension is 11/23/2000, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). 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 (OCTOBER 03, 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 APPEA~ MUST BE SENT BY CERTXFXED MAXL TO: PENNSYLVANXA DEPARnlENT OF TRANSPORTATION OFFXCE OF CHIEF COUNSEL THXRD FLOOR, RXVERFRONT OfFICE CENTER HARRISBURG, PA. 17104 Sincerely, ~~,~ I EXHIBIT 13 Rebecca L. Bickley, Director Bureau of Driver Licensing "p? '"~'I 1'1 1'- II o 002706112515276 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 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY OCT 10 2000 DRIVER: KENDALL ANNE MCLANE 323 NORTH 26TH STREET CAMP HILL, PA 17011 DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: DEC 10 1996 LICENSE EXPIRES : NOV 30 200(f ORIG ISSUE DATE : DEC 10 1'll~~ NED RESTRICTIONS : 1 LEARNER PERMITS : LICENSE STATUS : ':.":1_ _ ,,~ _, ~_ ~ , DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE PAGE 1 : 25437217 : NOV 06 1980 : FEMALE : REG LIC/ID COMMERCIAL DRIVER LICENSE (CDL) --------------------------------- ,'CDL LICENSE CLASS CPL~i[~!!lNSE ISSUED ,CPLJ:iI'P1i!NSE EXPIRES jf~PtE~ltS!:MENTS .'(~L'_~I~IONS COt L~1i!il~'P~ITS CDL LIOENSE',STA:~US //';;rr:i,7?:f\':,','- ,'C"'" . SB EN..NT --co, _._ !.::.\ . 1"'.'-(' PROBATIONAl( ICENSE ( PL ) . . . . . . . NONE . : NONE . . . SUSPENDED . : ----------------- . . . . . . S : . S' : ~/l; .,',"-: ~M~~ED LICENSE (OLL) ~_E~________________ - ~~it, ,'0::; LA'SS OLL LIi ,ISSUED : OLL L~0i}'" S~~:E]t'PIRES : OpLL1;€ENSE,'STATUS : ',y./<;- ',' '" - * ** CONTINUED * ** EXHIBIT I (1. '.~I . . , . . PAGE 2 CERTIFIED DRIVING HISTORY - OCT 10 2000 - LICENSE NUMBER 25437217 CONTINUED ----------------------------~--------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: AUG'14 2000 CRIMES CODE: 6308 UNDERAGE ALCOHOL OFFENSE AUG 23 2000 SUSPENSION FOR 90DAY(S) EFFECTIVE AUG 25 2000 OFFICIAL NOTICE MAILED SEPOl 200.0. VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ,;';~, --------------------~~_. .6308,. .OL OFFENSE .... '.' N FOR 1 Y~~;S) EFFECTIVE;~~~23 .NOTICE MAIL~~~OCT~03 2000 ?~; ,;B)lg~i~H{;':, ~ ~:,,: f;~; '," -__ h ,'__ "h1;;~;41ii~:::;,'-:' ::~~1;: i:i8~0:P''':';::t'',',:-,:<,r'01~", ElVED AUl!;i!~!';(20.;i . A;~~!I;i!v~itJJ1~tt!"" ---""!,-----,-~...--- ::,l~;1(:pr~(,'rff!ffS::'\;:;2;: ,; ):?;,. Il!!Al1'1S~;gD.;DE \~~,,- ~~----------------- ~;V~,):' "2000 '; "'-",,' '(:;;:"<: '--~----------------- , ---'------------------------ /(1f!;'" ",i;" ,',,<_:,_' NO MEDICALS OR DEPAR'D~~TALAC'+'IO:NS DTJRING,'j1HIS REPORTING PERIOD ***CONTINOED *** 'lIml ~ " ~. - . . PAGE . 3 CERTIFI~D DRIVING HISTORY - OCT 10 2000 - LICENSE NUMBER 25437217 CONTINUED -------------------------------------------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** '{"= I I , f' ., ~ , . . PAGE 4 CERTIFIED DRIVING HISTORY - OCT 10 2000 - LICENSE NUMBER 25437217 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, '. ;)~.';:;A:~;; . ...~ ,.;~:..!1~:~~.;;.. A-' ,~,~~,Ji1:;'"lf;rJ0't:'j:;.'/<'t"-it0 "tc ';:}';~~h :,'" '"~, '''''''''-''''''_,:,0,,",,,,,10 ::'::;X /., "rI,. '." .'''. "J.;" ,4' )f{. p;i'I,,; DIREQ1RpR, BUREAU,'. DRif;~R LICENSING ",:mff,:s:,' ,q;;--','_' FOR" '-~Jiw ;s- .... SECRETARY OF T . '1i'IlilN f~~f?:ij;- -,v::Ji.,\j, - -~_ :> _ ,iJ~~:::;-__ COMMONWEALTH OFI"PENNSYLVANIA "'il '--~'-\', -, - SEAL i~;f11i~~1f~_~7l- ,;, ,( "",':::;' (~,;' :(<:::/tt!t~~7};-;-;' IN TESTIMONY WH~E@~;trll!I HAVE HEREUNTO SET/;i~i~~'WAND OF THIS DEPARTMENT "'P~ DAY AND YEAR AFORES~:M).:;./L 10 2000 I HEREBY CEll11 BUREAU OF DR~V' OF TRANSPORTl\T. LICENSING RECP, THE DlRECTO~Q OF THE ORIGIN " .j OF THE ABOVE.C. R OF THE . ARTMENT ER .ON. AS USTODY -'\< ^'" S,Q:J:lJECT SEAL SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL "'r " .' I ~ , ~, KENDALL ANNE MCLANE, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7724 PRAECIPE TO APPEND ORIG][NAL VERIFICATION TO THE PROTHONOTARY: Please append the attached original Verification to Petitioner's original Petition for Review of Operating privilege Suspension filed in the above-referenced matter. Date: November 9, 2000 , ^re"""""',""'k,.,,~- ,.,,,,,",,,. ,.-' "w"I-,", ,-,~ ,__~ _.,,_, '_'_ 7_ ~ ~, ~ NAUMAN, SMITH, SmSSLERAND HALL, LLP ~L~-'- te en F einour, Esquire Supreme Court ID#24580 200 North Third Street P.O. Box 840 Harrisburg, P A 17I08 TelephoIfe: 717-236-30IO Telefacsimi1e: 717-234-1925 Counsel for Petitioner, Kendall Anne McLane _ I~ ~1 . YERIFICATION I, Kendall Anne McLane, the undersigned do hereby state that the statements set forth in the foregoing Petition for Review of Operating Privilege Suspension are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. J€':-~_~/ Kendall Anne McLane Date: I I / h Ndt....b.t Z 2-"".. , '~', " - . -e:', -_~'_'_ , -~'11f"!CY"'f..."''''iJ''_--__ ,.,-: ,_-_",_~,__ +"_ ", _0 ,~,_~ _"of <, ""_~"'v-'" ~,'''_, _" _~._ " ,. ~ KENDALL ANNE MCLANE, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-7724 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PRAECIPE OF DISCONTINUANCE TO THE PROTHONOTARY: Please mark the within action discontinued as moot, as the Commonwealth of Pennsylvania, Department of Transportation, having rescinded the suspension which is the subject of this action. NAUMAN, SMITH, SHISSLER & HALL, LLP ~C-VeL~"<^- . Ste en Feinour, Esquire Supreme Court ID #24580 200 North Third Street, I 8th Floor P. O. Box 840 Harrisburg, P A 17108-0840 Phone: 717-236-3010 Fax: 717-234-1925 Attorneys for Petitioner, Kendall Anne McLane Date: November 30, 2000 cc: George Kabusk, Esquire Court Administrator "~~~. ^ r.,,, ".'" _' ,". .~_,_'__-'" ._',"h' _~_I".__,~"",_ _ _, _ """ t'~ ",._",,"'" ~,"~_ A' __" . ,_ ~o,~"' ="