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Home My WebLink About01-0609 FX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner ; NO. 01-&09 : CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent : APPEAL FROM SUSPENSION : OF OPERATOR'S LICENSE & : VEHICLE REGISTRATION : PRIVILEGES ORDER AND NOW, this If) -dJ day of ;;Bl.wiltY, 20m, upon consideration of Petitioner's appeal from suspension of vehicle registration privileges, a hearing is scheduled for IN cd. J'lJ!iiZLA d ~ (j/, at g,' ()() ,17.m., in Courtroom No. S , Cumberland County Courthouse, Carlisle, Pennsylvania. Upon consideration of the petition for Allowance of Appeal, nunc pro tunc, from suspension of operator's license privileges, it is ordered that a Rule to Show Cause why the herein Petition should not be granted shall be issued on the Respondent, the Department ofTransportation. Rule returnable ('A ~ , ff) ; 00' .:l" 3 :(J.Df- /III . It is hereby further ordered and decreed that the suspension of operating privileges and vehicle registration privileges of the Petitioner, Linda M. Bigler, scheduled to take ." , I ~ .- ,~ effect on January 31, 2001 and February 4, 2001, respectively, for alleged violation of Section l786(d) of the Motor Vehicle Code, are hereby set aside and that her operator's license privilege and vehicle registration privilege shall remain in full force and effect until further order ofthis Court. Judge ~ {\ . .{<\" J L~J.-D1'() ~~~ ~ ~Ci >.~, ~~, .,,~',-:'. '.' .-.. ~ ,~. ~ l"'~--~" ,~'~~, .-~" - -~--'- C~i'"~riC~'~ ,',': {_~:'>,:DTf\RY (,," ~"n. .,'.1 "., 9"''' I &-1"" ,. ~\H. ;). } I 1 .....U .., .. .., C~"J' JTV Ct)Mbb-l~i:J'~iJ 'VI \'\1\_1 PENNSYLVANiA c'"".. ,_"~->;,11li.~l~~~~f'~~i>if.\1'Fr-~<f'R!'WiRI~IV'~\'1lli'!i[",!,,~<~,,,_~~j~~j'I""r~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner : NO. 0/- {,.tJCj (!u;J /~ : CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent : APPEAL FROM SUSPENSION : OF OPERATOR'S LICENSE & : VEHICLE REGISTRATION : PRIVILEGES APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES AND PETITION FOR ALLOWANCE OF APPEAL, NUNC PRO TUNC, FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES AND NOW, this 30th day of January, 2001, comes the Petitioner, Linda M. Bigler, by and through her attorney, G. Patrick O'Connor, Esquire, and presents the following appeal from the suspension of her vehicle registration privileges and further petitions this Honorable Court for Allowance, Nunc Pro Tunc, from suspension of her operator's license privileges: 1. The Petitioner, Linda M. Bigler, is an adult individual residing at 8 Sunset Drive, Mechanicsburg, PA 17055. 2. The Petitioner has been notified by the Department of Transportation that, effective January 31,2001, her driver's license privilege will be suspended for a period of three (3) months as a result of an alleged violation of Section 1786(d) of the Vehicle "" ~ --<' ," ,'~' -, , .. "' J _~ Code, Required Financial Responsibility. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 3. The Petitioner has also been notified by the Department of Transportation that, effective February 4,2001, her vehicle registration privilege will be suspended for a period of three (3) months as a result of the alleged violation of Section 1786( d) of the Vehicle Code, Required Financial Responsibility. A copy of said notice is attached as Exhibit "B" and incorporated herein by reference. 4. The Petitioner avers that Section 1786(d) of the Vehicle Code contemplates that the suspensions of the driver's license privileges and the vehicle registration periods be concurrent, and that the suspensions for staggered time periods represent a violation of Section 1786( d) by the Department of Transportation. S. The Petitioner avers that the staggered time periods for the suspensions effectively extend the penalties for the Petitioner beyond three months because the Petitioner will be unable to drive her automobile for longer than three months. 6. The Petitioner avers that the suspensions represent an undue hardship and burden placed upon her by the Department of Transportation. 7. The Petitioner respectfully reserves the right to file additional and supplemental reasons in support of the instant Petition should additional facts or defenses be later discovered by counseL 8. The Petitioner should be permitted to proceed with the appeal in regard to suspension of her operating privileges for the following reasons: . ~, I'~ ~ -~ "'''';' a. The Department of Transportation failed to provide Petitioner with 30 days to appeal from date of mailing of the Notice of Suspension of her operator's privilege as required by law. The Department's letter to the Petitioner states that the mailing date was December 27,2000, but the Notice was actually mailed at a date later than December 27, 2000. b. At approximately the same time that it sent the Notice of Suspension the Operator's Privilege, the Department sent a notice as to suspension of the Petitioner's vehicle registration, but containing a different date for appealing the vehicle registration suspension than for appealing the operator's license suspension, despite the fact that both suspensions resulted from the same alleged violation. c. The late mailing of the Notice of Suspension of the operator's privilege and the different dates for making an appeal for the two penalties resulted in confusion as to the date that both could be appealed. d. Due to the fraud and breakdown in the administrative system of justice, that is by the Department's late mailing ofthe Operator's License Suspension Notice and by sending a separate notice for Suspension of the Vehicle Registration with a different final date for appeal than that of the Operator's License suspension notice, the Petitioner was provided inadequate notice and, as a result, was unable to obtain the resources necessary to file a formal appeal by the deadline imposed by the Department in its Notice of e. There will be no prejudice to the Commonwealth by allowing this appeal which is filed only two business days after the deadline imposed by the Department. WHEREFORE, PURSUANT TO 75 P.S. Section 1550, the Petitioner respectfully requests that this Honorable Court to allow an appeal in regard to the suspension of the Petitioner's operator's license privileges and to set a hearing to resolve the appeal of both the suspensions of operator's privilege and vehicle registration privilege, and that it further order the immediate restoration of Petitioner's operator's license and vehicle registration privileges until further Order of this Court. Respectfully submitted, )I~ (fJ~ "'G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA l701l (717) 737-7760 Attorney for Petitioner " ,~> .l ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certifY that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is true and accurate to the best of my knowledge, information and belief. ~~ ..d. Patrick O'Connor, Esquire DATE: /~?I , ,-, . . =' ~. I. '" ~1; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner : NO. : CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent : APPEAL FROM SUSPENSION : OF OPERATOR'S LICENSE & : VEHICLE REGISTRATION : PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States first-class mail, postage prepaid, at Camp Hill, Pennsylvania: George H. Kabusk, Esquire Office of Chief Counsel Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 DATE: IPtJ/t?/ / I ~~ /G. Patrick O'Connor, Esquire AttomeyNo.64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ~, . ~ -I i1ijj:i!i:il!:V COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DECEMBER 27, 2000 LINDA M BIGLER 1I SUNSET DRIVE MECHANICSBURG PA 17055 0035592191711941 001 12/20/2000 21482429 02/25/19611 Dear Motorist: Your driving ~rivi1ege is scheduled to be suspended on 01/31/2001, because YOU failed to produce proof of financial responsibility on your motor vehicle at the time of an acci- dent on 10/11/2000. 1. Your driving privilege will be months effective 01/31/2001 at 12:01 Section 1786(d) of the Vehicle Code. suspended for three A.M. as authorized by Please see the enclosed application for restoration fee in- formation. 2. You will be required to return any current driver's li- cense or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to pr'ovide the Department with proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your driving privilege has been reinstated. If yOU do not comply with this notice, this Bureau will refer this matter to the PennsYlvania State Police for pros- ecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 01/31/2001 12:01 A.M, EXHIBIT" A" , .., l, -""~ ' , ,n.,,",'_ ~ ,-'. k<",. 003559219178941 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 com- ply 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 Bu- reau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is un- der suspension even if yOU do not surrender your license, Credit will not begin until all current driver's license product(s), the DLl6LC 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. 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 27, 2000, of this letter. If you file an ap- peal in the County Court, the Court will give yOU a time- stamped certified COpy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania 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 003559219178941 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 .,1 ~" I..., INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE - '""-'~1'- AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ._~ "-' ~ -;,-;' \<> . . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAIL DATE: t7./3O/00 Information Pennsylvania Out of State TOD Pennsylvania TOD Out of State (7:00 AM to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 717-391-6191 LINDA M BIGLER 8 SUNSET DRIVE MECHANICSBURG, PA 1?OSS ................,.:.;.:.:.;.;..;.;. .................. :::;:::::::::::::::::::;::::::::::: ................ .... .. ...-........_... .... ........... .. :':':':':';';':':':':':';';'.. ..... .................. . ............................'-.-....... '-. ..................... .. ................ Dear Motorist: . .......... .. ........... . ............ . ............ . .............. . .............. . ............... . .....-...-..... . ................ ............. . :.;.:.:.;.:.;.:.:.;.;.;.;.;.;..;.;. .................. . ......................... . ........................... ., ........................... . ....-......,................ . ............................. . .............................. . -............................. . ............................... ........................... .......................... .- ...;.....;.;,;.:.;;;:::;::.:::;::.: The Bureau of Motor Vehicles.~~.;~I" notified that yl were inVOIVed!lj:~~~tCident on 10/11/00. At the time of the accident you were unable,t9,ptQtidc;proof of tinanl#l' responsibility (lpijijrn!lCe) covering the operation of the following vehicle: MAKE:PQPGE, BODY TYPE:'$:fATION WAGON, VIN.NO: 2B4FP2537TRSOS557, TITLE: 48990398, TAG NQiJIDV4OS. .. n ... ........ .. .. .......... .-. ... ........ ... .. .. As a result, the vehicle regis~h(ij~~ privilege will be ~~~i~~~ for three montM~~ve 02/04/01 at 12:01 A.M. as authorized by Seetion 1786(PHm~"e Vehicle Cod~~t;rmHi!a tinal order ofoiiijm~i9n. You may obtain reconsideration of this orderJil:jiljJ!fuitling a letler4tOOiS@jh!nsurance COI1JPllijl]~~"tifying that you had insurance ~:e2~~;~:rt~,r~:~~I~lil:!i~.t~i-&i.i:~::::~!lm!~~~~~~:~~~;u~~?SW~i~1 reconsideration was granted, yijljWilr!i\l)eq"iilittlji~mtl'lllj@~ijIT",nH~i\t~*iijil plate, sticker and card. Additionally, credit toward serVingJM~ijs~~iOinviUiiofbeginuntil~b~~i!itri1lion plate is received by the Bureau. You will be required to pay a reslorl\fiilWfife in the amount of SSo.oilttin~~:bepartment in accordance with Seetion 1960 of the Vehicle Code. Please ~th~~"c1osed application for a~1i!!lD~lrestoration fee information. ~;;. :;;--- Director Bureau of Motor Vehicles Department of Transportation 00 t7.23 00330 003599999 002155 001 EXHIBIT "B" '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner : NO. 01-609 : CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation Respondent : APPEAL FROM SUSPENSION : OF OPERATOR'S LICENSE & : VEHICLE REGISTRATION : PRIVILEGES PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please mark the APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES AND PETITION FOR ALLOWANCE OF APPEAL, NUNC PRO TUNC, FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES filed on January 30, 2001, in'the above-captioned action, as Withdrawn. Thank you for your consideration. Dated: March 23, 2001 ~ G. Patrick O'Connor, Esquire LD. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 Attorney for Petitioner .." ~,,;o;'. '~ ,_~' f , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner NO. 01-609 CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYL VANIA, Department of Transportation Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein PRAECIPE TO WITHDRAW to the parties indicated below by depositing same in the United States first class mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, P A 17104 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 DATE: March 23, 2001 #~~ /G. Patrick O'Connor, Esquire I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 Attorney for Petitioner ~, ........~-L. ,--~. - ,,-&.' , "'. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner : NO. 01-609 CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & : VEmCLE REGISTRATION : PRIVILEGES PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please mark the APPEAL FROM SUSPENSION OF VEmCLE REGISTRATION PRIVILEGES AND PETITION FOR ALLOWANCE OF APPEAL, NUNC PRO TUNC, FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES filed on January 30, 2001, in the above-captioned action, as Withdrawn. Thank you for your consideration. Dated: March 23,2001 G. Patrick O'Connor, Esquire J.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 Attorney for Petitioner ,"" "" '(1), , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner : NO. 01-609 CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein PRAECIPE TO WITHDRAW to the parties indicated below by depositing same in the United States first class mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 DATE: March 23, 2001 ff/~~ /G. Patrick O'Connor, Esquire J.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 Attorney for Petitioner