HomeMy WebLinkAbout01-1349 FX
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES L. TESLAR,
Petitioner
v.
No. 01- /3 if 7'
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Respondent
PETITION FOR APPEAL UNDER 42 P A. e.S.A. SECTION 933
FROM SUSPENSION BY PENNSYLVANIA DEPARTMENT OF
TRANSPORT A TION
AND NOW, comes, Frances L. Teslar, by and through her attorneys, Latsha
Davis & Yohe, P.e., and files this appeal pursuant to 42 Pa. e.S.A. s 933 from a
determination of the Department of Transportation wherein it assigned points and
issued a suspension of her driver's license, and, in support thereof, states as follows:
1. Petitioner, Frances L. Teslar, is an adult individual, who currently resides
at 7201 Catherine Drive, Harrisburg, Pennsylvania 17112.
2. Respondent is the Commonwealth of Pennsylvania, Department of
Transportation, Bureau of Driver Licensing, with offices located at Riverfront Office
Center, 1101 South Front Street, Harrisburg, Pennsylvania 17104-2516.
3. Petitioner holds a valid driver's license issued by the Commonwealth of
Pennsylvania, Department of Transportation, No. 15106791.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES L. TESLAR,
Petitioner
v.
No.
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Respondent
ORDER
AND NOW, this
day of
. 2001, it is hereby ORDERED
that the suspension of Petitioner, Frances L. Tesl;?s, license by Respondent is voided
and vacated.
BY THE E:OURT
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4. By letter dated January 9, 2001, Respondent notified Petitioner that her
driving privileges would be suspended effective January 30, 2001 at 12:01 a.m., if she
failed to respond to a previously issued citation, No. A54668331, before January 30,
2001. A true and correct copy is attached hereto as Exhibit" A."
5. Petitioner timely responded by mail to citation No. A54668331 by paying a
monetary fine of $151.50 to the District Court located on 507 N. York Street,
Mechanicsburg, Pennsylvania 17055, thereby entering a plea of guilty. A true and
correct copy of the receipt issued by the District Court is attached hereto as Exhibit "B."
6. Despite the fact that Petitioner timely responded to citation No.
A54668331 in accordance with Respondent's directives, by letter dated February 8, 2001,
Respondent notified Petitioner of the assignment of four (4) points to her driving record
for having been convicted of violating Section 3362 of the Pennsylvania Vehicle Code on
November 17, 2000, and suspended her driving privileges for twenty (20) days effective
immediately. A true and correct copy is attached hereto as Exhibit "e."
7. Despite the fact that Petitioner timely responded to citation No.
A54668331 in accordance with Respondent's directives, Respondent's notification to
Petitioner that it had suspended her driving privileges for an additional twenty (20)
days implicitly meant that Respondent had improperly suspended her privileges on
January 30, 2001.
64904
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8. Because Petitioner responded to Citation No. A54668331 in accordance
with Respondent's directives, the suspension of her driving privileges should be voided
and vacated.
WHEREFORE, Petitioner, Frances L. Teslar, respectfully requests that this
Honorable Court void and vacate the Department of Transportation's suspension of her
driving privileges.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.e.
Dated:~
By: C~..:?~
. Glenn R. Davis
Attorney J.D. No. 31040
Chadwick O. Bogar
Attorney J.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Petitioner, Frances L. Teslar
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
M.il Date: JANUARY 09, 2001
FRANCES LOUISE TESLAR
154 LANCASTER BLVD.
MECHANICSBURG PA 17055
WID t 010029232281557 OOl
PROCESSING DATE 01/02/2001
DRIVER LICENSE t 15106791
DATE OF BIRTH 01/03/1953
Dear MS. TESLAR:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1533A of the Pennsylvania
Vehicle Code. Your driving privilege will be suspended ef-
fective 01/30/2001 at 12:01 a.m. for failing to respond to
citation number AS4668331 (Amount Owed 151.50) issued on
11/17/2000. This citation is a result of your violation. of
Section 3362 of the Pennsylvania Vehicle Code: EXCEEDING
MAXIMUM SPEED...
This suspension means that you will not be allowed to drive
a motor vehicle on or after 01/30/2001 unless you are noti-
fied in writing by PennDOT that your driving privilege 1s
restored.
PLEASE READ THXS LETTER XN XTS ENTXRETY. THXS XS A FXNAL
ORDER OF SUSPENSXON. THE ONLY WAY TO AVOXD THXS SUSPENSXON
IS TO COMPLETELY FOLLOW THE DXRECTIONS BELOW FOR RESPONDING
TO THE CXTATXON BEFORE THE EFFECTXVE DATE. XF YOU DO NOT
FOLLOW THESE DXRECTXONS, THXS SUSPENSXON WILL GO INTO EFFECT
ON 01/30/2001.
RESPONDING TO THE CITATION
!~ you res~cnd to the citation BEFORE the s~spension d3~e,
yOU will avoid this suspension. Xn order to respond to this
citation, YOU must follow the steps below:
1. Contact the Court: DISTRICT COURT
507 N YORK STREET
BARCLAY BUILDING
MECHANICSBURG PA 17055
(717) 766-4575
2. Tell the Court, in person or by mail. whether you wish
to plead 'guilty' or 'not guilty' to the violation.
Please Note: If yOU pay the fine without signing
'guilty' or 'not guilty,' it is considered an automatic
plea of 'guilty.'
a. If you plead 'gUilty,' pay all fines and costs.
Mail your check or money order to the Court or ap-
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010029232281557
pear in person and pay by cash, check or money or-
der. It is your responsibility to make sure that
the Court receives your payment BEFORE 01/30/2001.
Do not mail 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-
bili ty to make sure that the Court receives "your
payment ,llEI'ORE 01/30/2001; Do not ma:l.l or br:l.ng
y6ur citation'payment to PennDOT. The Court will
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 01/30/2001, you will receive notice from
PennDOT regarding restoration of your driving privilege.
4. Please Note: Responding to the citation before the sus-
pension date excuses you from this suspension of your
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 Pennsylvania Vehicle 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. Vou will not receive credit trn.,ard
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) I
. 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
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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 citation BEFORE the suspension
date, you will be suspended and must pay a restoration fee
to PennDOT to be restored. Complete the following 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, JANUARY 09, 2001. After you 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 01/30/2001.
Sincerely,
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Rebecca L. Bickley, Oirector
Bureau of Driver Licensing
INFORMATION 7:00 a.m. to 9:00 p.m.
1-800-932-4600 TOO IN STATE
717-391-6190 TDD OUT-OF-STATE
www.dot.state.pa.us
1-800-228-0676
717-391-6191
IN STATE
OUT-OF-STATE
WEB SITE AODRESS
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, 09-3-05
D,J Name: Hon.
GAYLE A. ELDER
Add,.,,, 507N. YORK ST.
MECHANICSBURG, PA
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COMMONW.EAL T~ OF
PENNSYLVANIA
T",ph"" (717) 766-4575
17055
VS.
DEFENDANT: NAME and ADDRESS
ITESLAR, FRANCES LOUISE
154 LANCASTER BLVD
MECHANICSBURG, PA 17055
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FRANCES L. TESLAR
15~ LANCAS~ER BLVD
MECHANICSBURG, PA 17055
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Docket No.: TR- 0002868 - 00
Date Filed: 11/20/00
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RECEIPT OF RESPONSE TO CITATION/SUMMONS
DATE OF RESPONSE
MM/ODIYY
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CITATION NO.
A5466833-1
DRIVI:'.RS LICENSE NUMBER
15106791
LAST NAME
TESLAR
STREET ADDRESS
154 LANCASTER BLVD
CITY
MECHANICSBURG
REGISTRATION NO.
TWK9 63
DATE OF VIOLATION
11/17/00
LOCATION OF VIOLATION
20BL GTTYSBRGPK
STATE
PA
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FIRST NAME
FRANCES
CHARGE, SECTION AND SUBSECTION VIOLATED
75 53362 SSA3-24
DATE OF BIRTH
1/03/53
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STATE
PA
STATE
PA
YEAR
2001
MAKE
NISSAN
ZIP CODE
17055
MODEL
SIGNATURE OF DISTRICT JUSTICE
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DATE
1/30/01
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This RECEIPT DOES NOT AUTHORIZE YOU TO DRIVE. If you are currently under suspension you are not
permitted to drive until you are notified by Penn DOT, or the state in which you are licensed, that your
driVing privilege has been restored. In addition, if you respond to the citation/summons on or after the effective
date of your suspension, you will be required to pay a restoration fee.
NOTE: Please be aware that payment of fines and costs for a motor vehicle violation is a plea of guilty and
may result in additional action by PennDOT, or the state in which you are licensed_ Depending on the type of
Violation, points may be assigned or an additional suspension may be imposed. If you are an out of state
resi~ent, all convictions will be reported to your home state. If you do not know the status of your PA driving
pnvllege or require further assistance, please contact one of the numbers listed during the hours of 7:00 a.m.
until 9:00 p.m.
In-state 1-800-932-4600
Out-of-state 717-391-6190
ELECTRONIC TRANSMISSION DATE
TOO In-state
TDD Out-state
1/30/01
1-800-228-0676
717-391-6191
TIME
15:17:03
AOPC 638C-97 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING, P.O. BOX 68693, HARRISBURG, PA 17106-0037
IF THE DRIVER IS FROM OUT OF STATE OR NO OPERATOR NUMBER WAS INCLUDED ON THE CITATION.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
FEBRUARY 08, 2001
MECHANICSBURG PA
17055
010329283314655 001
02/01/2001
15106791
01/03/1953
FRANCES LOUISE TESLAR
154 LANCASTER BLVD.
Dear Motorist:
As a result of your conviction on
violating section 3362 of the Vehicle
MAXIMUM SPEED on 11/17/2000, 04 points have
to your record.
01/30/2001 of
Code EXCEEDING
been assigned
Section 1544 of the Vehicle Code requires
to extend any existing suspensi~n/revocation
five days for each additional point.
additional sanction of 20 DAV(S) is imposed.
the Department
at the rate of
Therefore, an
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 DL16LC 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 1571(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 lice'nse
product(s), the DL16LC Form, or a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECE IVES 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 effective date of suspension is 02/08/2001, 12:01 a.m.
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The above mentioned sanction is in addition to any
previously issued sanction(s).
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, FEBRUARY 08, 2001, of this letter. If you file an
appeal ion 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,
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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
TDO OUT-OF-STATE
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1-800-932'-4600
717-391-6190
1-800-228-0676
717-391-6191
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy
of the foregoing Appeal under 42 Pa. e.S.A. Section 933 was served by Certified Mail,
Return Receipt Requested and First-Oass United States mail, postage prepaid, upon the
following:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, P A 17104-2516
Dated: .3 jq / () I
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Deborah A. Peterson
Legal Secretary
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FRANCES L.TESLAR
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF : NO. 2001-1349 CIVIL TERM
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING : CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 19TH day of MARCH, 2001, a hearing in the above captioned
matter is scheduled for WEDNESDAY. MAY 30. 200]. at 8:30 a.m. in
COURTROOM # 5 of the Cumberland County Courthouse, Carlisle, Pa. 17013.
By the Court,
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Glenn R. Davis, Esquire
For the Plaintiff
George Kabusk, Esquire
For the Dept. bfTransportation
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COUNTY OF: CUMBERLAND
Mag. Dist.No.:
09-3-05
COMMONWEALTH OF
PENNSYLVANIA
OJ Name: Hen.
Address
GAYLE A. ELDER
507 N. YORK ST.
MECHANICSBURG, PA
VS.
Telep"'" (717) 766-4575 17055
DEFENDANT: NAME and ADDRESS
'TESLAR, FRANCES LOUISE
154 LANCASTER BLVD
MECHANICSBURG, PA 17055
L
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FRANCES L. TESLAR
154 LANCASTER BLVD
MECHANICSBURG, PA 17055
Dacket Na.: TR- 0002868 - 00
Date Filed: 11/20/00
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RECEIPT OF RESPONSE TO CITATION/SUMMONS
DATE OF RESPONSE
MMIDDIYY
[Q[i[ilili]1J
CITATION NO.
A5466833-1
DRillERS LICENSE NUMBER
15106791
LAST NAME
TESLAR
STREET ADDRESS
154 LANCASTER BLVD
CITY
MECHANICSBURG
REGISTRATION NO.
TWK963
DATE OF VIOLATION
11/17/00
LOCATION OF VIOLATION.
20BL GTTYSBRGPK
STATE
PA
FIRST NAME
FRANCES
CHARGE, SECTION II,ND SUBSECTION VIOLATED
75 ~3362 ~~A3-24
DATE OF BIRTH
1/03/53
-MI
L
SEX
F
STATE
PA
STATE
PA
YEAR
2001
MAKE
NISSAN
--ZIP CODE
17055
MODEL
SIGNATURE OF DISTRICT JUSTICE
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This RECEIPT DOES NOT AUTHORIZE YOU TO DRIVE. If you are currentlY under suspensian yau are nat
permitted ta drive until yau are natified by Penn DOT, .or the state in which yau are licensed, that your
driving privilege has been restored. In additian, if yau respand ta the citatian/summans an ,OJ after the effective
date .of yaur suspensian, you will be required ta pay a restaratian fee.
DATE
1/30/01
NOTE: Please be aware that payment .of lines and casts far a matar vehicle vialatian is a plea .of guilty and
may result in additianal actian by PennDOT, ar.the state in which yau are licensed. Depending an the type of
vialatian, paints may be assigned .or an additianal suspensian may be impased. If yau are an aut .of state
resident, all canvictians will be reparted ta yaur hame state. If yau da nat knaw the status .of yaur PA driving
privilege .or require further assistance, please cantact .one .of the numbers listed during the haurs .of 7:00 a.m.
until 9:00 p.m. .
In-state 1-800-932-4600
Out-af-state 717-391-6190
ELECTRONIC TRANSMISSION DATE
TOO In-state
TOO Out-state
1/30/01
t -800-228-0676_
717-391-6191.
TIME
15:17:03
;; . PETITIONER'S
_."~ EXHIBIT
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AOPC 638C-97 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING, P.O. BOX 68693, HARRISBURG,I'A 17106
IF THE DRIVER IS FROM OUT OF STATE OR NO OPERATOR NUMBER WAS INCLUDED ON THE CI
DL-326 (9/95)
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CERTIFICATION
DATE: May 1, 2001.
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~~~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 of operating privileges dated & mailed 02/08/01, effective
02/08/01; 2) Record of Conviction Details received by the Department electronically from the
DISTRICT COURT NO. 09305, for Citation No. A54668331, date of violation 11/17/00, date of
conviction 01/30/01; 3) Official Notice of suspension of operating privileges dated & mailed
01/09/01, effective 01/30/01; 4) Record of Conviction Details received by the Department
electronically from District Court No. 09305 indicating response for Citation No. A546668331 on
01/30/01, and 5) Driving Record, which appears in the file of the defendant FRANCES LOUISE
TESLAR, operator's no. 15106791, date of birth 01/03/53, 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. <&~1.
SEAL
REBECCA L. BICKLEY, DIRE OR
BUREAU OF DRIVER LICENSING
COWAONWEALTH'S
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau af Driver licensing
Harrisburg. PA 17123
FEBRUARY 08. 2001
MECHAMICSBUftG PA
17055
01032'2a331~b5S 001
02101/2001
lnO," 7'11
01/0311,'53
fRANCES LOUISE TESLAft
154 LANCASTER BLVD.
Dear Motorist:
As a result of your conviction on 01/50'2001 of
violating section 3362 of the Vehicle Code EXCEEDING
MAXIMUM SPEED on 11/17/2000. 04 points have been assigned
to your record.
Section 1544 of the Vehicle Code requires
to extend any existing suspension/revocation
five days for each additional point.
additional sanction of 20 DAV(S) 1$ imposed.
the Departlllctht
at the r/llte of
Therofore. an
In order to comply with this sanction you are roouired to
return any current driver's license. le.rner's perlllit and'or
temporary driver's license (c..era card) in your possession
no later than the effectiVe date listed. If you (annat
comply with the requirements stated above, you are required
to submit a Dl16lC Form or a sworn affidavit stat in, that
YOU are aware of the sanction against your drivin,
privilege. Failure to comply with this notice shall result
in this Bureau referring this lIlatter to the Pennsylvania
State Police for prosecution under SECTION lS71ta)(4) of the
Vehicle Code.
Although the law mandates that your driving privilltlllt is
under suspenSion even if YOU do not surrender your license.
Cred1t will not begin until all (urrent driver's license
product(s), the Ol16lC Form, or 8 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 DAVS CONTACT THE DEPARTMENT
IMMEDIATELY. OTHERWISE, YOU WIll NOT BE GIVEN CREDIT TOWARD
SERVING THIS SANCTION.
The e~~ect1ve date o~ suspens10n 1s 02/08/2001. 12:01 8.m.
~\
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010324,283314655
The above mentioned sanction is in addition to any
previously issued sanction(s).
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the lIIail
date, FEBRUARY 08, 200 I, of this letter. 11' IfOU 1'11e an
appeal 1n the County Court. the COurt wiLlI g1ve you ..
t1me-stalllPed cert11'1ed CoPy 01' the appe.l. In order for
your appeal to be valid, ~ou lIIust send this tillie-stamped
certified cOpy of the appeal by certified lIIail tOI
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Sincerely,
~~.~
Rebecca L. lickley, Director
Bureau of Driver licensing
SEND FEE/LICENSE/DL-16LC/TOI
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7100
IN STATE
OUT-Of -STATE
TOO IN STATE
TOO OUT-Of-STATE
AM TO '100 PIU
1-8110-952-4600
717-391-61,90
1-8110-228-06 76
717-391-6191
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C7203800 3DL03802 conviction Detail
. .
screen ]: of 2t A0730303 03/14/01
WID No
01032 9283 314655 001
Name
TESLAR
FRANCES
Check Digits
1st Line Address: 7201 CATHERINE DRIVE
2nd Line Address: 00000
city/State/zip HARRISBURG PA 17112
Date of Birth 01/03/53 1 oper Lic State
Operator Number 15106791 sex/Race
social security violation Date
District Number 09305 Filing Date
Citation Number A54668331 Issue Date
Docket Number TR000286800 Defendant plea
Fine 73.00 conviction Date
Amount owed 151.50 Response Date
Section violated: 3362 Disposition
Susp Auth Code charge seq NO
speed Limit 25 Transmittal Date
speed Traveled 49 TRANSMITTAL TIME
Section Descript: EXCEED MAX SPEED LIM EST BY 24 MPH
15-RETURN
21-FIRST
20-NEXT
23-NXT-ONREC
~d-
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t-----
LOUISE
PA
F
11/17/00 2
11/20/00 2
11/17/00 2
GP
01/30/01 2
0
GP
001
01/31/01 2
060001
, ~~
C7203800 3DL03803 Conviction Detail screen 2 'of 2.. A0730303 03/14/01
.. .
Customer Number 15106791
Customer Name TESLAR FRANCES LOUISE
comm Vehicle Ind N offense pl ace 20BL GTTYSBRGPK
HAZMAT Ind N offense Time 0000
CDL Holder N Arrest Agency PA0211800
vehicle NISSAN officer ID 23-14
Registration NO TWK963 County 21
REGISTRATION YEAR 2001 Boro/TWp 104
Registration State: PA Route
vehicle Type Title 75
Same as Defendant Y update Indi cator:
Defendant signed Y susp/Rest Ind
AOPC send Date 01/31/01 2
15-RETURN
20-NEXT
22-1ST-INREC
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.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Datel JANUARY 09, 2001
MECHANICSBURG PA 17055
WID' O}002'232281S57 aD}
PROCESSING DATE O}/D2/2D01
DRIVER LICENSE i }5}Db7'}
DATE Of BIRTH 01/D3/}'S3
FRANCES LOUISE TESLAR
154 LANCASTER BLVD.
Dear MS. TESLAR:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1533A of the Pennsylvania
Vehicle Code. Your driving privilege will be suspended e~-
~ective 01/30/2001 at 12:01 m.m. for failing to respond to
citation number A54668331 (Alnount Owed $151.50) issued on
11/17/2000. This citation is a result of your violation of
Section 3362 of the Pennsylvania Vehicle Code: eXCEEDING
MAXIMUM SPEED.
This suspension means that you will nut be allowed to drive
a motor vehicle on or after 01/30/2001 unless you are noti-
fied in writing by PennDOT that your driving 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 8ELOW FOR RESPONDiNG
TO THE CITATiON 8EFORE THE EFFECTIVE DATE. IF YOU DO NOT
FOLLOW THESE DiRECTIONS. THIS SUSPENSION WiLL GO INTO EFFECT
ON 01/30....2001.
RESPONDING TO THE CITATION
If you ~espond to the citation QEPORE the suspens10n date,
YOU will avoid this suspension. In order to respond to this
citation. you must ~ollow the steps below:
1. Contact the Court: DISTRICT COURT
507 N YORK STREET
BARCLAY BUILDING
MECHANICSBURG PA 17055
(717) 766-4575
2. Tell the Court, in person or by mail, whether yOU wish
to plead 'gUilty' or 'not guilty' to the violation.
Please Note: If YOU pay the fine without signing
'guilty' or 'not guilty,' it is considered an automatic
plea of 'guilty.'
a. If you plead 'gUilty,' pay all fines and costs.
Mail your check or money order to the Court or ap-
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010029232281557
pear in person and pay by cash, check or money or-
der. It is your responsibility to make sure that
the Court receives your payment BE~ORE 01/30'2001.
Do not mail or bring your c1tation 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
f",..h. dll"''' llf '."'lOll' 01'4'''', 11 I.. v...., '.....on..'
billty to milke SLife that the Court r..celv.... I/OU,
payment BE~ORE 01/30/20Gl. Do not ma11 or br1ng
your c1tation paymant to PannDOT. The Court w111
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 BE~ORE 01/30/2001, you will receive notice from
PennDOT regarding restoration of your driving privilege.
4. Please Note: Responding to the citation before the sus-
pension date excuses you from this suspension of your
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 Pennsylvania Vehicle Code.
COMPLYING WITH THIS SUS,PENSION
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 follow1ng.
. 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
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010029232281557
Harrisburg, PA 17106-8693
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 reepond to the citetion Il&f.QIl.I the suspension
dste, you will bs auepended and must pey a restorstion ~ee
to PennDOT to be restored. complete the following stepsl
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, JANUARY 09, 2001. After you file the
appeal in the County Court, send a time-stamped certified
COpy of the appeal by certified mail tOI
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 01/30/2001.
Sincerely,
~~,~
Rebecca l. BiCkley, Director
Bureau of Driver licensing
IN STATE
OUT-Of-STATE
WEB SITE ADDRESS
INFORMATION 7100 a.m. to 9100 p.m.
1-800-932-4600 TOO IN STATE
717-391-6190 TOO OUT-OF-STATE
www.dot.state.pa.us
1-800-228-0676
717-391-61.91
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C7203800 3DL03802 conviction Detail
WID No
Name
check Digits TE
1st Line Address:
2nd Line Address:
city/state/zip
Date of Birth
operator Number
Social security
District Number
citation Number
01031 9233 439800 002
o
15106791
09305
AS4668331
000000
Docket Number
Fine
Amount owed
section Violated:
Susp Auth code 1533
speed Limit
speed Traveled
Section Descript:
lS-RETURN
20-NEXT
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23-NXT-ONREC
,- ~ - ~
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Screen ~ of e A0730303 05/01/01
00000
oper Lic State
sex/Race
Violation Date
Filing Date
Issue Date
Defendant plea
conviction Date
Response Date
Disposition
charge seq NO
Transmittal Date
TRANSMITTAL TIME
~L\
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11/17/00 2
o
o
01/30/01 2
01/30/01 2
151703
..
C7203800 3DL03803 conviction Detail
Customer Number
Customer Name
15106791
Comm vehicle Ind
HAZMAT Ind
CDL Holder
vehicle
Registration NO
REGISTRATION YEAR
Registration State:
vehicle Type
same as Defendant
Defendant signed
AOPC send Date 01/31/01 2
20-NEXT
22-1ST-INREC
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Screen 2 'of 2' A073030305/01/01
offense place
offense Time
Arrest Agency
officer ID
County 00
Boro/Twp
Route
Title
update Indicator:
Susp/Rest Ind R
0000
15-RETURN
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, .
,PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
CERTIFIED DRIVING HIS~ORY
MAR 14 2001
PAGE 1
DRIVER: FRANCES LOUISE TESLAR
7201 CATHERINE DR
HARRISBURG, PA 17112
DRIVER LICENSE NO
DATE OF BIRTH
SEX
RECORD TYPE
: 15106791
: JAN 03 1953
: FEMALE
: REG LICENSE
DRIVER LICENSE (DL)
COMMERCIAL DRIVER LICENSE (CDL)
LICENSE CLASS :
LICENSE ISSUE DATE:
LICENSE EXPIRES :
C
JAN 11
JAN 31
1
CDL LICENSE CLASS :
Ciill.:',t.ICENSE ISSUED :
DIi;L:rCENSE EXPIRES:
~~~SEMENTS NONE
'CTIONS NONE
,PERMITS:
. S'E'''STATUS : SUSPENDED
MED RESTRICTIONS
LEARNER PERMITS
LICENSE STATUS
S,J:J.SP,El~~!!:!
<<i'W--;f'-;
:
Y LICENSE (PL)
",,---------------------
LASS
,
RIG ISS:
SSUED :
~;[RES :
T"!\'~US :
.
.
LICENSE (OLL)
~~~---------------------
OLL
at. E
""::~LLJ;;lCENSE
OLfi,fiicENSE
CLASS :
ISSUED :
EXPIRES:
STATUS :
*** CONTINUED ***
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PAGE 2
'CERTIFIED DRIVING HISTORY - MAR 14 2001 ~ LICENSE NUMBER 15106791 CONTINUED
"
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:
::-'~_l
"
REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS
MAR 20 1986
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
045 MPH IN A 025 MPH ZONE
MAY 01 1986
ASSIGNED POI.NTS
OCT 05
VERI'.'
IMPRcl
NOv\:L.l ~
ASiS,JG~iP POINTS
PASSED EjtAM,JtJL,~~!!!!!l~1!1m!:
MAR 07 1994
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
068 MPH IN A 045 MPH ZONE
MAR 25 1994
ASSIGNED POINTS
*** CONTINUED ***
I"'"
~~_.
-~ "~~:- -
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,
PAGE 3
CERTIFIED DRIVING HISTORY - MAR 14 2001 - LICENSE NUMBER 15106791 CONTINUED
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
ACTION:
>""""',<
--~
NOV 23 1994
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
066 MPH IN A 040 MPH ZONE
MAY 24 1995
POINT EXAM
PASSED EXAM AUG 2.8'.,1.995
JUN 13'1,995/
VEHIC&~/
EXCEJ1IlM:
070/m>
AUG<;l7/,
AS~GI\IP POINTS
JAN 10 11199
VEHICLE C0m..,.'..E;
" '"
FAIL TO RESPO~'+,
SUSPENSION EFF:EtTll:~~f MAY';;,~4 1999
OFFICIAL NOTICE MAf~ED KPR 23 1999
RESTORATION OF OPERATING PRIVILEGES JUL 22 1999
*** CONTINUED ***
1,'
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PAGE 4
CERTIFIED DRIVING HISTORY - MAR 14 2001 - LICENSE NUMBER 15106791 CONTINUED
,;
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
COURT INFO:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
ACTION:
NOV 17 2000
VEHICLE CODE: 1533A
FAILURE TO RESPOND
SUSPENSION EFFECTIVE JAN 30 2001
OFFICIAL NOTICE MAILED JAN 09 2001
09305 CITATION NO: A54668331
PHONE NO: (717)766-4575
08 2001
PRIV:!1
2001
---------------------~~-; ~--~---------------------
----------------------~r+--~rr~----------------~: ~--~~-----------____________
NO MEDICALS OR DEPARTMENTAL 'ACTIONS DURING THIS REPORTING PERIOD
';~, ~-'
"
*** CONTINUED ***
~1
,T_
PAGE 5
CERTIFIED DRIVING HISTORY - MAR 14 2001 - LICENSE NUMBER 15106791 CONTINUED
,.
REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS
-------------------------------------------------------------------------------
MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT
INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS
INDIVIDUAL OR THE INDIVIDUAL'S VEHI9aE ~A~"I~OLVED IN AN ACCIDENT ON
THE DATE LISTED. " , ,
ACCIDENT DATE:
LOCATION:
VEHICLE TYPE:
ACCIDENT DATE:
LOCATION:
VEHICLE TYPE:
OCT 05 HUl7
LANCAS~C~!ll~'"
PASSENGEijo
*** END OF RECORD ***
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PAGE 6
CERTIFIED DRIVING HISTORY - MAR 14 2001 - LICENSE NUMBER 15106791 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,
I HEREBY C
BUREAU OF D
OF TRANSPOR
LICENSIN
THE DIRE
OF THE OR
OF THE ABO~
SEAL
Slll~TARY 0
,TAFEL
LICENSING
~OR:!b~TION
14 2001
'ECTOR OF THE
DEPARTMENT
PRIVER
'tA~ION. AS
.,pr. CUSTODY
,!tHE SUBJECT
IN TESTIMONY WHi~li!;E()~} IijAVEHEREUNTOii~~~0;~~ HAND AND SEAL
OF THIS DEPARTMEN'1'a'aEi;p~li;AWiiiiil~lim'9RIS.A:ID.
SINCERELY,
~
SECRETARY OF TRANSPORTATION
SEAL
y ~___' _"~""'_" 0_
- -.~
I---~
DL-326 (9195)
t',
,
CERTIFICATION
DATE MAY 29,2001
I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the
Penneylvania 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.
BRADLEY L. MALLORY, SECRETARY OF TRAN ORTATION
I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND
CORRECT CERTIFIED PHOTOSTATIC COPY OF:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING
CERTIFIED DRIVING HISTORY, SHOWING DEPARTMENTAL SANCTIONS IMPOSED BY THE
DEPARTMENT ON THE PETITIONER FRANCES LOUISE TESLAR, OPERATOR'S NO. 15106791,
DATE OF BIRTH JANUARY 03, 1953. AS IT APPEARS IN THE BUREAU OF DRIVER LICENSING,
HARRISBURG, PENNSYLVANIA, AS OF MAY 29, 2001.
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. ~1.
SEAL
REBECCA L. BICKLEY, RECTOR
BUREAU OF DRIVER LICENSING
COMMONWEALTirS
EXHIBIT
2-
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-,
. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
CERTIFIED DRIVING HISTORY
MAY 29 2001
PAGE 1
DRIVER: FRANCES LOUISE TESLAR
7201 CATHERINE DR
HARRISBURG, PA 17112
DRIVER LICENSE NO
DATE OF. BIRTH
SEX
RECORD TYPE
15106791
: JAN 03 1953
: FEMALE
REG LICENSE
DRIVER LICENSE (DL)
COMMERCIAL DRIVER LICENSE (CDL)
---------------------------------
LICENSE CLASS
LICENSE ISSUE DATE:
LICENSE EXPIRES
C
JAN 11 1999
JAN 31 2003
MED RESTRICTIONS
LEAMER PERMITS
LICENSE STATUS
1
CDL LICENSE CLASS
CDL LICENSE ISS~D :
CDL LICENSE EXPIRES:
CDL, ENPQRS.EMENTS NONE
""',""'" 'f'-","'''';'-'
C:OL~lil!\l:PRICTIONS : NONE
CpLLlilARNER. PERMITS:
CDL, LICENSE STATUS :
S~ ENDORSEMENT
PROBATIONARY LICENSE (PL)
.
.
: VALID
----------------------~----------
PL LICE;;NSE .CLASS.:.
PL LIQEN!\lEORIG ISS:
PL LIClllNSEISSUED :
PL>LItl:E:~lll,lilXPlRES :
PLLIC~lilES'1'ATUS :
O~QQ~A~I~NAL LIMITED LICENSE (OLL)
-,~'---...--~-,-----------------------
OLL,'L, :
OLL!:,> ,.,. .lll'.' ISSUED :
OLL LtC SE,EXPlRES:
OLL LICENSE STATUS :
*** CONTINUED ***
,,--Et,. ~,;"_, "'''_ "'" "\ ,,*_?~,')';""_,\, ",',-,<0.",,",""'11 ~",,'i_,~; 'J "'_'_ ""< '^'_~" ,_.,_',,_ ._~_." ",.""
PAGE 2
CER'i'IFIED DRIVING HISTORY - MAY 29 2001 - LICENSE NUMBER 15106791 CONTINUED
-------------------------------------------------------------------------------
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:
MAR 20 1986
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
045 MPH IN A 025 MPH ZONE
MAY 01 1986
ASSIGNED POINTS
'T"c
, "'i'
OCT OS 1987
VEHI~I.l!:CPlZ!E: 3332
IMPR"IilR ':NJRI.UNGAROUND
NOV 1~1987
ASSIGNED PO:tNTS
FEB 03 1988
VEHICLE CODE: 3362
EXCEEDING. .MAXlMUM SPEED
045 MPHINA 025 MPgZONE
FEB 16 19&8
POINT. EXAM
PASSED EXAM JUL 26 1988
MAR 07 :1,994
VEHICl:.ECODll:: 3362
EXCEE&l'Nl:FiMAXIMI:JM SPEED
068 MPH IN A 045 MPH ZONE
MAR 25 1994
ASSIGNED POINTS
*** CONTINUED ***
;" > . - '.' ,,,,,' ~f-:-.?~-":,1_;;';-.\,.,-,- ,'_ ,~" n' '1%"--,-"~' ,- --, ''':' ,e _,",-,
, '- t ," -,"'" ~, ,,<
II
PAGE 3
CER~IFIED DRIVING HISTORY - MAY 29 2001 - LICENSE NUMBER 15106791 CONTINUED
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
ACTION:
'j:;,!!!" ,-" , - ",- :. _";'--..,^,\'?f";>'f"~'?-o/_'''';:-';''~:_><" _, ~,~O '-,- , ~-"'>
NOV 23 1994
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
066 MPH IN A 040 MPH ZONE
MAY 24 1995
POINT EXAM
PASSED EXAM AUG 28 1995
,1.1'11'"
JON 131~95
VEHIc;.lj:C()l)ljl; . ",,}J~2
EXCEJlllJ:iF!~G'~I.aPEED
070 _Ii INA{)S5 MPH ZONE
AUG 1 T:L~~5
ASSIGNED POINTS
SEP 08 1996
VEHICLE CODE: 3112A31
RED LIGHT VIOLATION
OCT :L8 1996
ASSIGI$DPOINTS
JAN 101~99
VEHICLlE,CODE: 1533D
FAIL T<t, RESPOND
SUSP~$Ic()NEF~li:eTil:VEMAY 14",.1.999
OFFICI~NOTICE'MAlIiED APR 23 199.9
RESTORATION OF OPERATING PRIVILEGES JUL 22 1999
*** CONTINUED ***
,""'k " ,.. ""~,,' " _ ~,_~"
PAGE 4
, CERTIFIED DRIVING HISTORY - MAY 29 2001 - LICENSE NUMBER 15106791 CONTINUED
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
ACTION:
VIOLATION DATE:
VIOLATION:
DESCRIPTION:
CONVICTION DATE:
ACTION:
ACTION:
ACTION:
NOV 17 2000
VEHICLE CODE: 1533A
FAILURE TO RESPOND
SUSPENSION EFFECTIVE JAN 30 2001
OFFICIAL NOTICE MAILED JAN 09 2001
NOV 17 2000
VEHICLE CODE: 3362
EXCEEDING MAXIMUM SPEED
049 DH IN A 025 MPH ZONE
JAN 30 2001
SUSP..~,t~NFl')R.2.Q<qAY(I:n EFFECTIVE FEB 08 2001
OFFICI:lU..NoTICE~ILEDFEB082001
PRIVILEG~RESTORED PENDING APPEAL MAR 09 2001
RESTORATION OF OPERATING PRIVILEGES MAR. 19 2001
---------------------~---~----------------------~------------------------------
REPGa'1' OF<MEDlCALSAND DEPAR'1'MlllW1'1tt.ACTloNS
----------------------------------------------~--------------------------------
NO MEDICALS ORDEPART~NT:lU. ACTIl')NS DURING THIS REPORTING PERIOD
,-~~},2"-,N-('_: ' _.;" q '.-f;:''';9!-,'r''';'''''!''''' :'_' ;__. " ;.;:, -
*** CONTINUED ***
- r ."._'0 ""r_ _~_I ,-_; ~ " _~_~ '
,."",
-,' ,.-
\i
PAGE 5
, C~RTIFIED DRIVING HISTORY - MAY 29 20Q1 - LICENSE NUMBER 15106791 CONTINUED
-------------------------------------------------------------------------------
REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS '
-------------------------------------------------------------------------------
MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT
INDI~A~F. FAULT FOR THE ACCIDENT. THE REQORD ONLY INDICATES THAT THIS
INDIVIDUAL OR THE INDIVIDUAL I S VEHICLE WAS INVOLVED 'IN AN ACCIDENT ON
THE DATE LISTED.
ACCIDENT DATE:
LOCATION:
VEHICLE TYPE:
ACCIDENT DATE:
LOCATION:
VEHICLE TYPE:
OCT 05 198,7
LANC.lJERCNTY
PASSDiiGER
APR 0~2000
LANCASlJERCNTY
TRUCK
" ~"
*** END OF RECORD ***
,= - ~",. ~-"'~:"'I::'t" _"~,~~}:;~,~-," '-"P"~'J" - ,."- '" -,',' -'-~,
. - -' -', .'1--' "", 'of - ,~, ,~
....-''"f'
,
PAGE 6
.~ERTIFIED DRIVING HISTORY - MAY 29 2001 - LICENSE NUMBER 15106791 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 TRAllSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE
SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED.
SINCERELY,
~~,~
SEAL
DIRECTOR, BUR:g:AU OF DRIVER LICENSING
FOR
SECRETAR.YOF TRANSPORTATION
COMMONWEALTH .OF PE~SYLVANIA SS:
DATE:MAY 29 2001
I HEREBY CElil1'IFY THAT ,JiEBECCAL. BICKLEY, DJ;RECTOR OF THE
BUREAU OF DRIVER .I.:p~~ING, OF.T.HE PENNSyr;Y~J;A' DEPARTMENT.
OF TR"~Slr_~TIc:>N"IS''.rHE LE~!.L ,CUSTODI~ot,TJiE"DRIVER
LICENSItilG .~()FTHE.,Dli:i'JiRTMENT OFT~~QJlTA'1'ION. AS
THE DIREC'l'OlIl ,,~.""~Il;AF~Aoi~';IUREAUr ~~~S"r:.E~ CUSTQOY
OF THE ORIGI~,O.t"JUCROFILM'R.ECORDSWHICH'ARE':l'HE SUBJECT
OF THE ABOvEC$Jt'1'IFICATION. .
IN TES'1'IMONY~I'tEOF ," I HAV)i:HEREUNTO S.E:!l',~~'aA&bAND $~
OF THIS DEP~ THE DAY AND YEAR AFoREsi:t:m.:
SINCERELY,
~i
SECRETARY OF TRANSPO~TATION
SEAL
i:, ""~~__.~_ ._',' -'-00:,-',> ",_.", '_~-"'__"'" ,-,~-_'r~_-, " _n, __, ,,___,_''- "',_' ,-",. 'f- ""'__'_" n'" _ __
-'0"=-' _..
DL,32t! (9/ 95)
CERTIFICATION
DATE: May 24, 2001
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.
~1~
BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION
I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND
CORRECT CERTIFIED PHOTOSTATIC COPY OF:
Correspondence letter with six attachments submitted to Department of Transportation, c/o
Attorney George Kabusk, dated 05/04/01, received 05/11/01 in the Office of Chief Counsel,
Department of Transportation.
Attachments as follows:
1) Traffic Citation No. A5466833 with letter to District Justice Elder; 2) DL-38 Report regarding
Citation No. A5466833-1; 3) DL-38 Report regarding Citation No. A5466833-1; 4) Notice of
Payment Determination Hearing regarding Docket No. TR-0002868-00; 5) DL-38 regarding
Citation No. A5466833-1, with response date of 01/17/01 and signature of District Justice dated
01/30/01, and 6) Receipt of Payment, Receipt No: 051435, regarding Citation No. A5466833-1 .
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. 996103 and 6109.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR
AFORESAID.
COMMONW" 'LT
EXfIIBrr I'I's
- ~
-S"-...3o-6' S/2 SJ
<X~~G.. ~ '
REBECCA L. BICKLEY, DIRECTO
BUREAU OF DRIVER LICENSING
SEAL
-;~_;B"~~ _~
r"'"
, "
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~
.
;r
I' P'
ONWEALTH OF PENNSYL IT
CO#' .. 'lNt-t
COUNTY OF CUMBERLAND
MONROE TOWNSHIP
UPPER ALLEN TOWNSHIP
MECHANICSBURG BOROUGH
GAYLE A. ELDER
DISTRICT JUSTICE
Magisterial District 09-3-05
507 N. York St.
Mechanicsburg, PAt 7055
OFFICE:
TEL 717-766-4575
FAX 717-766-2238
May 4,2001
Mr. George Kabusk
PennDOT
Bur. of Drivers Licensing
1101 S. Front St.
3rd Floor
Harrisburg, PA 17104-2516
Commonwealth of Pennsylvania
Oepartment of Transportation
MAY 11 2001
Dear Mr. Kabusk:
OFFICE OF
CHIEF COUNSEL
Enclosed please find the information you requested concerriing the case of Frances Louise
Teslar. Docket number TR-2868-00, regarding citation number A5466833-1.
Citation written-November 17, 2000
Citation filed-November 20,2000
DL-38 request warning to defendant-December 5,2000
DL-38 suspension requestto PennDOT-December 29, 2000
Mail received by defendant, Including payment and a note of explahation~January 30, 2001
Payment receipt and DL response-electronically transmitted-January 30, 2001
As a courtesy and added incentive to respond to avoid a drivers license suspension, this office
sent the defendant a payment determination hearing notice onJanuary2,2001. The purpose of
such a hearing is to deteniline the financial ability of a defendant to niake payment. We often
hear from the public that all the paperwork they receive is to confusing to understand. The
payment determination hearing notice seems to be easier to understand and we do see a better
response to that notice. It this case however, the defendant did NOT respond to this notice on
the date scheduled for the hearing, January 17,2001 at 4:15 PM.
The defendant did not respond until we received the payment via the postal service January 30,
2001. A money order was received January 30,2001. The deposit and receipt are dated the
same.
Sin~~r:lY'_'.(i .el( (f:~:' '. " .','.. . "
GaYle(Elder, District Justice 09-3-05
.:
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'--'-'1"
'CGMMONWEALTH OF flENNSYLVANIA
COUNTY OF: CUMBERLAND
01:.-38
Mag. Dis/. No.:
09-3-05
COMMONWEALTH OF
PENNSYLVANIA
DJ Name: Mon.
GAYLE A. ELDER
Add"'" 507 N. YORK ST.
MECHANICSBURG, PA
T,',p"'"" (717) 766 -4575
17055
VS.
DEFENDANT: NAME and ADDRESS
'TESLAR, FRANCES LOUI~E
154 LlWCASTER BLVD! '
MECHANICSBURG, PA 17055
L
.,
-1
GAYLE A. ELDER
507 N. YORK ST.
MECHANICSBURG, PA 17055
'.
Docket No.: TR- 0002868-00
Date Filed: 11/20/00
;~
'.,
',j"
REQUEST FOR SUSPENSION OF DRIVING PRIVILEGE FOR
FAILURE TO RESPOND TO A citATION OR SUMMONS
OR PAY FINES AND COSTS IMPOSED
Date of additional notice:
12/05/00
you have failed to respond to a citation or summons or pay any fines and costs imposed for a violation of the section of the Pennsylvania Vehicle
/ Code shown below. Unless you respond to the citation and pay the fine, costs, and penalties shown, or post security for a trial within 15 days of
't ;, ,I', the above date, your name will be referred to the Department of Transportation, which will suspend your driving privilege until you respond to
:l. ~":: th,e cit~tlon ~~d pay all tines, costs, and pe~alties imposed, It your license is suspended, you wj)J be required to pay additional costs to restore your
-r operating pnvlleges. THIS NOTICE DOES NOT PERTAIN TO ANY PARKING VIOLATIONS.
'Driving while under suspension mandates at least a fine of $200.00 and an additional 1 year suspension of your driving privilege.
'.q!TATION NO. DATE OF VIOLATION LOCATION OF VIOLATION CHARGE, SECTION AND SUBSECTION VIOLATED
A5466833-1 11/17/00 20BL GTTYSBRGPK 75 53362 55A3-24
DESCRIPTION OF VIOLATION FINE AND COSTS IF TRIAL REQUESTED
EXCEED MAX SPEED LIM EST BY 24 MPH $151.50 OR $157.50
DRIVERS LICENSE NUMBER
15106791
LAST NAME
TESLAR
STREET ADDRESS
154 LANCASTER BLVD
CITY
MECHANICS BURG
REGISTRA'r10N NO.
TWK963
STATE
PA
FIRST NAME
FRANCES
DATE OF BIRTH
1/03/53
MI
-.!!.....
SEX
F
STATE
PA
STATE
PA
YEAR
2001
MAKE
NISSAN
ZiP CODE
17055
MODEL
SUBMIT CHECK OR MONEY ORDER TO THE ABOVE NAMED DISTRICT JUSTICE OFFICE
SIGNATURE OF DiSTRICT JUST E DATE
12/05/00
INSTRUCTIONS:
1. This v~olatjon may be disposed of without a trial by paying the fine and costs shown above. Payment of fine and costs prescribed is a plea of guilty.
NOTE, make your check or money order payable to the magisterial district number shown above.
2. .Yo~ are entitled t~ a trial. It you so desire, forward security in the amount of the fine and costs shown plus an additional $6.00 costs to the district
Justice together with your plea of not guilty. You will be notified of a trial date. If you do not appear, your security will be forfeited.
3. Failure to pay the fine and costs or post security shall result in the suspension of your driving privileges.
AOPC 638A 1-00
1fd-
:gr: ,_~ ,<
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:' CUMBERLAND
OL-38
Mag. Dial. No.:
09-3-05
COMMONWEALTH OF
PENNSYLVANIA
OJ Namla: Hon.
GAYLE A. ELDER
Addc"" 507 N. YORK ST.
MECHANICSBURG, PA
T,I'pho"" (717) 766 -4575 17055
VS.
DEFENDANT: NAME and ADDRESS
'TESLAR, FRANCES LOUISE
154 LANCASTER BLVD
MECHANICSBURG, PA 17055
L
Docket No.: TR-0002868-00
Date Filed: 11/20/00
I
GAYLE A. ELDER
507 N. YORK ST.
MECHANICSBURG, PA 17055
.J
"
~'.
..,
.,'
REQUEST FOR SUSPENSION OF DRIVING PRIVILEGE
FOR
FAILURE TO RESPOND TO A CITATION OR SUMMONS
Date of additional notice:
12129/00
SEAL
TO: THE BUREAU OF DRIVER LICENSING
COMMONWEALTH OF PENNSYLVANIA
The named defendant has failed to respond to a citation or summons and/or pay all fines and costs imposed by the issuing authority.
The defendant has been given additional notice to respond to this citation, and has not responded within 15 days of such notice. You
are notified to suspend the defendant's driving privilege as provided in Section 1522(a) of the Vehicle Code, (75 Pa.C.S. 1533(a)).
CITATION NO. DATE OF VIOLATION LOCATION OF VIOLATION
A5466833-1 11/17/00 20BL GTTYSBRGPK
DESCRIPTION OF VIOLATION
EXCEED MAX SPEED LIM EST BY 24 MPH
CHARGE, SECTION AND SUBSECTION VIOLATED
75 53362 55A3-24
FINE AND COSTS IF TRIAL REQUESTED
$151.50 OR $157.50
DRIVERS LICENSE NUMBER
15106791
LAST NAM~
TESLAR
STREET ADDRESS
154 LANCASTER BLVD
CITY
MECHANICSBURG
REGISTRATION NO.
TWK963
STATE
PA
FIRST NAME
FRANCES
DATE OF BIRTH
1/03/53
.
MI
-1L.
SEX
F
MAKE
NISSAN
ZIP CODE
17055
MODEL
STATE
PA
STATE
PA
YEAR
2001
DATE
12/29/00
Request for Suspension
ELECTRONIC TRANSMISSION DATE
12/29/00
TIME 11:14:52
AOPC 638B-95 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING, P.O. BOX 60037, HARRISBURG, PA 17106-0037
IF THE DRIVER IS FROM OUT OF STATE OR NO OPERATOR NUMBER WAS INCLUDED ON THE CITATION.
1-3
'1j' .,. ~~
.~
..
.,
. COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-05
NOTICE OF PAYMENT
DETERMINATION HEARING
COMMONWEALTH OF
Mag, Qist. No.:
DJName: Hon,
GAYLEA. ELDER
Adq\~ss'507 N. YORK ST.
.:' ,MECHlWICSBURG, PA
\::
PENNSYLVANIA
r".Ph'"" (717) 766 -4575 17055
VS.
DEFENDANT: NAME and ADDRESS
fTESLAR, FRANCES LOUISE
154 LANCASTER BLVD
MECHANICSBURG, PA 17055
L
Docket No.: TR-0002868-00
Date Filed: 11/20/00
I
I
'!
j
GA~LE A. ELDER
507 N. YORK ST.
MEtaANICSBURG, PA 17055
--.J
"
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~; Charge(s):
75 53 62 SSA3- 4 EXCEED MAX SPEED LIM EST BY 24 MPH
1
I
I
I
I
I
I, GAYLE A ELDER ,hereby state that on Nov er 20, 20 ,
I sentenced you, the above defendant, to pay a fine and/or costs in the amount of $151.50 -
for violating the above charge(s). You have failed to pay the above fines and/or costs, and accordingly, I have set
a payment determination hearing to determine your financial status due to your failure to pay the fine and costs
which were imposed against you in the above captioned case. To date, you owe this court $151.50
in fines, fees and costs. The hearing is scheduled to be held as follows:
i
i
:1
I
"
I
Date: 1/17/01 Place: DISTRICT COURT 09-3-05
507 N. YORK ST.
Time: 4:15 PM MECHANICSBURG, PA 17055
At the hearing, you must appear and inform the court of any chan~es in your financial condition. The court may
extend, acceierate, leave unaltered or impose imprisonment for non-payment of these fines and costs. If you fail
to appear, a warrant may be issued for your arrest. If it is determined that you are financially able to pay, your
case may be referred to a private collection agency.
At this hearing, you may have a right to be represented by an attorney. 11 you cannot afford an attorney and you
qualify, one may be appointed for you. Please contact:
I
I
for additional information regarding the appointment of an attorney.
Payment of fines and costs in FULL will excuse the necessity of your appearance at this hearing.
If you are disabled and require assistance, please contact the Magisterial District office
at the address above.
11 you have any questions, please call the above office immediately.
1/02/01 Date
(f (7. U (jf,7
, District Justice
My comrnission expires first Monday of January, 2006. SEAL
I
I
DATE PRINTED: 1/02/01
ALL COPIES PRINTED
I
I
,~11.!. ~. ~.
AOPC 631-99
1-4
. 'WIi\I"le.
~
" I
...1.",
1--
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:' CUMBERLAND
DL-38
Mag. Ols!. No.:
09-3-05
COMMONWEALTH OF
DJName: Hon.
GAYLE' A. ELDER
Addc'", 507 N. YORK ST.
MECHANICSBURG, PA
T~~~~~17) 766-4575 17055
PENNSYLVANIA
GAY;LE A. ELDER
507:N. YOaK ST.
MECUANICSBURG, PA 17055
VS.
DEFENDANT: NAME and ADDRESS
ITESLAR, FRANCES LOUISE
154 LANCASTER BLVD
MECHANICSBURG, PA 17055
L
Docket No.: TR- 0002868 - 00
Date Filed: 11/20/00
-,
.J
'iii
j(f
,~~, RECEIPT OF RESPONSE TO CITATION/SUMMONS
:i
"
:1
,
DATE OF RESPONSE
MM/DDIYY
~
J
i
CITATION NO.
A5466833-1
DRIVERS LICENSE NUMBER
15106791
LAST NAME
TESLAR
---.-..--., --..-----.-----
STREET ADDRESS
154 LANCAS'1'ER BLVD
CITY
MECHANICS BURG
REGISTRATION NO.
TWK963
DATE OF VIOLATION
11/17/00
LOCATION OF VIOLATION
20BL GTTYSBRGPK
STATE
PA
FIRST NAME
FRANCES
CHARGE, SECTION AND SUBSECTION VIOLATED
75 53362 SSA3-24
DATE OF BIRTH
1/03/53
MI
L
SEX
F
STATE
PA
STATE
PA
YEAR
2001
MAKE
NISSAN
ZIP CODE
17055
MODEL
.
i
I
I
i
!
SIGNATURE OF DISTRICT JUSTICE
;0 e. Cldf,?
I
This RECEIPT DOES NOT AUTHORIZE YOU TO DRIVE. If you are currently under suspension you are not
permitted to drive until you are notified by Penn DOT, or the state in which you are licensed, that your
driving privilege has been restored. In addition, if you respond to the citation/summons on or after the effective
date of your suspension, you wiil be required to pay a restoration fee.
DATE
1/30/01
NOTE: Please be aware that payment of fines and costs for a motor vehicle violation is a plea of guilty and
may result in additional action by PennDOT, or the state in which you are licensed. Depending on the type of
violation, points may be assigned or an additional suspension may be imposed. If you are an out of state
resident, all convictions will be reported to your home state. If you do not know the status of your PA driving
privilege or require further assistance, please contact one of the numbers listed during the hours of 7:00 a.m.
until 9:00 p.m.
In-state 1-800-932-4600
Out-of-state 717-391-6190
ELECTRONIC TRANSMISSION DATE
TDD In-state
TDD Out-state
1/30/01
1-800-228-0676
717-391-6191
TIME
15:17:03
AOPC 638C-97 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING, P.O. BOX 68693, HARRISBURG, PA 17106-0037
IF THE DRIVER IS FROM OUT OF STATE OR NO OPERATOR NUMBER WAS INCLUDED ON THE CITATION.
_.. . 1t:~._ ,._
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
RECEIPT OF PAYMENT
Mag. Oisl. No.:
09-3-05
COMMONWEALTH OF
PENNSYLVANIA
OJ Name: Hon.
GAYLE A. ELDER
Add,e,,, 5 07 N. YORK ST.
MECHANICSBURG, PA
Teleph"" (717) 766 -4575
17055
VS.
DEFENDANT: NAME and ADDRESS
ITESLAR, FRANCES LOUISE
7201 CATHERINE DRIVE
HARRISBURG, PA 17112
L
Docket No.: TR-0002868-00
Date Filed: 11/20/00
--,
--!
FRANCES L. TESLAR
7201 CATHERINE DRIVE,
HARRISBURG, PA 17112
,
RECEIPT NO: 051435
SOURCE: PAID BY MAIL
METHOD: PAID BY MONEY ORDER
CHECK#: 00000
SPEED LIM EST BY 24 MPH
(Charge)
DATE: 1/30/01
AMOUNT RECEIVED:
AMOUNT APPLIED:
COLLATERAL APPLIED:
CHANGE:
PAGE:
$
$
$
$
1
151.50
151.50
.00
.00
75 53362 55A3-24 EXCEED MAX
MANUAL RECEIPT#:
CITATION#: A5466833-1
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i>
Commonwealth Court of Pennsylvania.
PENNSYLVANIA STATE POLICE. BUREAU OF
LIQUOR CONTROL ENFORCEMENT, Appellant.
v.
139 HORSESHOE CORP. tla York Road Tavern.
Argued Feb. 4, 1993.
Decided July 23, 1993.
Petition for Allowance of Appeal Denied Dec. 14.
1993.
Liquor Control Board fined licensee for allegedly
furnishing alcoholic beverages to nnderage patron.
The Court of Common Pleas. Bucks Connty, No.5
MM 1991 (17), Clark, J.. reversed, and Bureau of
Liquor Control Enforcement appealed. The
Commonwealth Court, No. 1553 C.D. 1992. Smith.
J.. held that: (1) nnderaged patron's out-of-court
statements did not qualify as hearsay exception for
declaration against interest and thus were
inadmissible. and (2) certified documents from
district justice were inadmissible as official records.
Affirmed.
West Headnotes
[I] Intoxicating Liquors <';::0108.10(8)
223kI08.1O(8)
Commonwealth Court's scope of review of trial
court's decision in Liquor Code enforcement action
is limited to determining whether order of Liquor
Control Board was supported by sufficient evidence
and whether trial court abused its discretion or
committed error of law.
[2] Intoxicating Liqnors <';::0 108.10(7)
223kI08.1O(7)
Common Pleas Court did not conduct de novo
review of record of liquor code enforcement action
or otherwise exceed its scope of review where court
did not take any new evidence, consider matters not
of record, or make independent factual findings. 47
P.S. !j4-471 (Repealed).
[3] Constitutional Law <';::0314
92k314
Page 1
Due process principles require that party be afforded
a reasonable opportunity to challenge, through
confrontation and cross-examination, reliability of
adverse evidence. U.S.C.A. Const.Amend. 14.
[4] Evidence <';::0272
157k272
Declaration against interest may be admissible as
hearsay exception.
[5] Evidence <';::0272
I 57k272
To qualify as declaration against interest, party
seeking to have testimony admitted must show that
statement was against declarant's penal interest at
time statement was made. and declarant must be
unavailable at time of trial.
[6] Evidence <';::0272
157k272
Witness is not unavailable for purposes of hearsay
exception for declaration against interest unless
prosecutorial authorities have made good faith effort
to obtain witnesses' presence at trial, and declarant's
inability to give live testimony must, in no way. be
fanlt of state.
[7] Evidence <';::0272
157k272
Witness may be declared unavailable for purposes of
hearsay exception for declaration against interest if
party cannot locate witness within jurisdiction.
[8] Administrative Law and Procedure <';::0461
15Ak461
[8] Intoxicating Liquors <';::0 108.5
223k108.5
Out-of-court statements made by nnderaged tavern
patron to Bureau of Liquor Control enforcement
officer and patron questionnaire filled out by other
officer at scene did not qualify as declarations
against interest and thus were inadmissible where
Bureau failed to show that patron was unavailable at
time of administrative law hearing; patron was
available at time. place. and date of hearing and it
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was Bureau's responsibility to locate her and
produce her at hearing.
[91 Constitutional Law ~311
92k311
[9] Evidence ~272
I 57k272
Although statement against penal interest to someone
of authority bears some indication of reliability.
mere indication of reliability is insufficient to
override due process concerns.
[10] Evidence ~366(1)
I 57k366( I)
Phrase "when admissible for any purpose," in statnte
governing proof of official records. indicates section
cannot be used to introduce otherwise inadmissible
evidence and, thus, there must be determination
regarding admissibility of evidence before section
can be applied. 42 Pa.C.S.A. ~ 6103.
[11] Administrative Law and Procedure ~461
I 5Ak46 I
[11] Intoxicating Liquors ~ 108.5
223k108.5
Affidavit of district justice certifying documents
indicating tavern patron pled guilty to charge of
underaged drinking as true and correct copies of
original was inadmissible as official record in appeal
from liquor license fme where affidavits and
documents were inculpatory hearsay; absent
patron's testimony, evidence was insufficient to
establish any Liquor Code violation by licensee, and
documents indicating her plea of guilty were
admissible, if at all, only for limited purpose of
establishing that guilty plea was entered. 42
Pa.C.S.A. ~ 6103.
**291 *285 Thomas M. Ballaron. Asst. Counsel,
for appellant.
William L. Goldman, Jr., for appellee.
Before COLINS and SMITH, JJ., and KELTON,
Senior Judge.
SMITH, Judge.
Page 2
The Pennsylvania State Police, Bureau of Liquor
Control Enforcement (Bureau). appeals from the
order of the Court of Common Pleas of Bucks
County which reversed the order of the Pennsylvania
Liquor Control Board (Board) affirming the
adjudication of the Office of the Administrative Law
Judge *286 (OAU) imposing a $1,000 fine on 139
Horseshoe Corporation, tfa York Road Tavern
(Licensee), for an alleged violation of Section 493(1)
of the Liquor Code. Act of April 12, 1951, P.L. 90,
as amended, 47 P .S. ~ 4- 493(1). The issues raised
for review are whether the trial court exceeded its
permissible scope of review of Liquor Code
enforcement actions; and whether the OAU
properly admitted certain documents and testimony
as exceptions to the rule against hearsay.
I
On January 24. 1989. the Bureau charged Licensee
with an April 28. 1988 violation of the Liquor Code
for allegedly serving an underage patron. At a June
1989 hearing before the OAU, the Bureau was
granted a continuance because a witness failed to
appear. At the September 27, 1989 continued
hearing, the Bureau represented to the OAU that,
although subpoenaed, the same witness had again
failed to appear. The absent witness was an
individual who was allegedly cited by the Bureau for
underage drinking in Licensee's establishment. The
Bureau nevertheless decided to proceed with the
hearing.
The Bureau offered the testimony of Bureau
enforcement officer James P. Farano who testified
that on April 28. 1988 he conducted an inspection of
Licensee's establishment to determine whether there
were underage patrons present. Farano observed a
youthful-appearing patron to be in possession of
what he believed to be a **292 glass of draft beer.
He did not observe the patron order, pay for, or be
served the beer. Farano testified that the patron
stated to him that she was twenty years old, which
he verified by transmitting her identification
information through the state police computer
system. Another officer at the scene filled out a
"patron questionnaire" which the patron signed.
Farano stated that the purpose of the patron
questionnaire was to obtain information concerning
the Licensee, rather than the patron, and that he
issued the patron a citation for underage drinking on
the basis of his personal observations and not upon
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the information furnished by the patron. Farano
further testified that the patron was *287 arrested
and charged for underage drinldng and that she later
pled guilty to the violation and paid a fine.
The OALJ admitted the officer's testimony and the
patron questionnaire into evidence, despite
Licensee's hearsay objection, because the patron's
statements fen within the declaration against interest
exception to the hearsay rule. The OALJ further
admitted an affidavit of a district justice, which
accompanied documents maintained in the district
justice's file, purportedly certifying that the
documents were true and correct copies of the
originals. These documents indicated that the
patron pled guilty to a charge of underage drinking,
and attached to the district justice's affidavit was a
copy of the citation issued. Over Licensee's
hearsay objections, the OALJ admitted the
documents as properly verified official records.
The OALJ thus concluded that Licensee furnished
alcoholic beverages to an underage patron and
imposed the fine. The Board affirmed the OALJ.
[I] On appeal, the trial court reversed the Board.
It had come to light before the 0 ALJ that the patron
had appeared and was outside of the courtroom
during the September 1989 hearing, a fact which the
Bureau did not discover until after the hearing. The
trial court held that because the legal representative
for the Bureau did not locate the patron until after
the hearing despite a responsibility to locate the
subpoenaed witness prior to the hearing and produce
her subject to cross-examination, she was thus
"available. " The trial court held that it was
therefore an error of law for the OALJ to have
accepted her hearsay statements as substantive
evidence in the case. The trial court noted that in
any event. a statement against interest is
inadmissible as an attempt to inculpate a third party.
Furthermore, the trial court held that it was error to
accept the statement from the district justice into the
record as it did not comply with the requirements of
Section 6103(a) of the Judicial Code, 42 Pa.C.S. S
6103(a), regarding official records used as evidence.
The trial court concluded that there was no
competent evidence to support the OALJ's order and
it reversed the Board and further *288 ordered that
the previously paid fine be refunded to Licensee.
The Bureau appealed to this Court. [FN I]
FNl. This Court's scope of review of the trial
Page 3
court t s decision in a Liquor Code enforcement action
is limited to detennining whether the order of the
Board was supported by sufficient evidence and
whether the trial court abused its discretion or
committed an error of law. Pennsylvania State
Police, Bureau of Liquor Control Enforcement v.
Mallias, 137 Pa.Commonwealth Ct. t82, 585 A.2d
590 (199t).
II
The Bureau first argues that the trial court exceeded
the scope of its review by conducting a de novo
review of the record established before the OALJ
and by making its own fmdings of fact. Under the
former version of Section 471 of the Liquor Code,
47 P.S. S 4-471. the trial court was to conduct a de
novo review and had statutory discretion to make
fmdings and conclusions and to alter, change, or
modify the penalty imposed by the Board. See
Adair v. Pennsylvania Liquor Control Board, 519
Pa. 103, 546 A.2d 19 (1988). Section 471,
however, was reenacted and amended in 1987 to
provide that the trial court's review of Liquor Code
enforcement actions is limited to detennining
whether the OALJ's findings are supported by
substantial evidence, whether an error of law was
committed, and whether the OALJ abused **293 his
or her discretion. Appeal of Iggy, Inc., 140
Pa.Commonwealth Ct. 168, 592 A.2d 122 (1991).
[2] Upon review of the trial court's opinion. this
Court fmds no indication that the trial court
conducted a de novo review of the record or that it
otherwise exceeded its scope of review. The trial
court did not take any new evidence, consider
matters not of record. nor make independent factual
findings. It is clear that the trial court instead
concluded that the evidence admitted by the OALJ
was as a matter of law inadmissible because the
witness was available to testify at the hearing. The
trial court thus held that because the evidence upon
which the OALJ relied was inadmissible, there
remained no competent evidence to support the
OALJ's order.
*289 [3][4] The courts of this Commonwealth have
long adhered to the strong policy that the use of
hearsay evidence is to be discouraged. Heddings v.
Steele, 514 Pa. 569. 526 A.2d 349 (1987). Among
the policy concerns expressed in Heddings, a civil
proceeding, are that hearsay statements lack
guarantees of trustworthiness and cannot be tested by
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cross- examination and the declarant is not under
oath when the hearsay statements are made,
concerns which are manifested in the confrontation
clauses of the federal and state constitutions. Due
process principles require that a party be afforded a
reasonable opportunity to challenge, through
confrontation and cross-examination, the reliability
of adverse evidence. Goldberg v. Kelly, 397 U.S.
254, 90 S.C!. lOll, 25 L.Ed.2d 287 (1970).
Nevertheless, "[t]o insure a party the guarantees of
trustworthiness resulting from a declarant's presence
in court. a proponent of hearsay evidence must point
to a reliable hearsay exception before such testimony
will be admitted." Heddings, 514 Pa. at 574, 526
A.2d at 352. Under the law of this Commonwealth,
a declaration against interest may be admissible as a
hearsay exception. Id.
[5][6][7] In order to qualify as a declaration against
interest. the party seeking to have the testimony
admitted must show that the statement was against
the declarant's penal interests at the time the
statement was made, and the declarant must be
unavailable at the time of trial. Movie Distributors
Liquidating Trust v. Reliance Ins. Co., 407
Pa.Superior Ct. 588, 595 A.2d 1302 (1991), appeal
denied, 529 Pa. 658, 604 A.2d 249 (1992). A
witness is not unavailable for purposes of the
foregoing exception unless the prosecutorial
authorities have made a good faith effort to obtain
the witness' presence at trial: hence, a declarant's
inability to give live testimony must, in no way, be
the fault of the state. Commonwealth v. Stasko, 471
Pa. 373, 370 A.2d 350 (1977). Furthermore, a
witness may be declared unavailable if a party
cannot locate the witness within the jurisdiction.
Corl v. Kacmar, 391 Pa.Superior Ct. 376, 571 A.2d
417 (1990).
*290 [8] In Corl, a witness was not shown to be
unavailable to testify where the attorney began to
search for the witness three days before the trial. did
not attempt to obtain a subpoena or bench warrant,
and simply made a few telephone calls. Although
the Bureau in the present matter subpoenaed the
patron, this Court agrees with the conclusion of the
trial court that the wimess was available at the time,
place, and date of the hearing and that it was the
Bureau's responsibility to locate her and produce her
at the hearing. Because the Bureau has not shown
that the witness was unavailable at the time of the
hearing, her out-of-court statements do not qualify as
Page 4
declarations against interest to constitute an
exception to the hearsay rules of evidence and are
thus inadmissible.
[9] Furthermore, although a statement against penal
interest to someone of authority bears some
indication of reliability, Commonwealth v. Moss,
518 Pa. 337, 543 A.2d 514 (1988), [FN2] such mere
indication of **294 reliability is insufficient to
override the due process concerns expressed in
Heddings and in L. W.B. v. Sosnowski, 117
Pa.Commonwealth Ct. 120, 127, 543 A.2d 1241.
1244 (1988), where this Court observed that the
"high threshold of admissibility for hearsay in
administrative proceedings has served this court well
and ... has not proved *291 unduly burdensome to
administrative agencies." Therefore, the statements
made by the patron to Farano and the patron
questionnaire filled out by the other officer at the
scene remain inadmissible hearsay not subject to any
hearsay exception. [FN3]
FN2. The OAU relied on Moss for the proposition
that inculpatory statements are admissible in
evidence in the absence of a showing of corrupting
influence. A review of Moss, in which the issue
was the validity of an arrest warrant, does not
support the conclusion of admissibility of inculpatory
hearsay. To the extent that Moss may appear to
stand for this proposition, this Court nevertheless
declines to adopt such an interpretation in light of the
prohibition against admissibility of a third party's
declaration against penal interest which inculpates
the party being charged. Commonwealth v. Colon,
461 Pa. 577, 337 A.2d 554 (1975), cert. denied, 423
U.S. 1056, 96 S.C!. 788, 46 L.Ed.2d 645 (1976).
Although Colon involved a criminal proceeding, this
Court believes that its principles are equally
applicable to administrative proceedings when one
considers that "It)he Hearsay Rule is not a technical
rule of evidence but a basic, vital and fundamental
rule of law which ought to be followed by
administrative agencies at those points in their
hearings when facts crucial to the issue are sought to
be placed upon the record. " Bleilevens v.
Pennsylvania State Civil Service Comm 'n, 11
Pa.Commonwealth Ct. 1, 5, 312 A.2d 109, III
(1973). The fact that violation of Section 493(1)
of the Liquor Code may impose criminal
liability as well is also noteworthy in this
context. See Commonwealth v. Tau Kappa
Epsilon, 530 Pa. 416, 609 A.2d 791 (1992).
FN3. Furthermore, the questionnaire by itself would
not be sufficient to establish a violation by Licensee.
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It indicated, inter alia, that the patron was not
observed purchasing or being served alcohol; and
that the patron's drinks were ordered, served, and
paid for by "a friend."
[10] The Bureau next argues that the certified
documents from the district justice containing his
signature and seal are official records under 42
Pa.C.S. S 6103. and are therefore admissible as an
exception to the hearsay rule. Section 6103 states,
inter alia, that an official record kept within this
Commonwealth by any district justice "when
admissible for any purpose. may be evidenced by an
official publication thereof or by a copy attested by
the officer having the legal custody of the record."
The OAU's reliance upon Section 6103 was
misplaced, however. Section 6103 merely provides
that such records may be introduced without the
necessity of having a records custodian appear in
court to authenticate the original documents. The
phrase "when admissible for any purpose" in Section
6103 indicates that this section cannot be used to
introduce otherwise inadmissible evidence. Thus,
before Section 6103 can be applied. there must be a
determination regarding admissibility of the
evidence.
[II] Absent the patron's testimony, her citation and
the documents indicating her plea of guilty were
admissible. if at all, only for the limited purpose of
establishing that a guilty plea was entered. [FN4]
Page 5
The trial conrt' s conclusion that the district *292
justice's affidavit and the attached records were
inadmissible because they were inculpatory hearsay
is therefore without error and this Court shall not
disturb the trial court's holding. Without testimony
from the patron, the admissible evidence is
insufficient to establish any violation of the Liquor
Code by Licensee. Accordingly, the trial court's
order is affirmed.
FN4. In addition, Appellant's reliance upon
Department of Transportation, Bureau of Driver
Licensing v. Emery, 135 Pa.Commonwealth Ct. 274,
580 A.2d 909 (1990), is erroneous. In Emery, this
Court upheld the introduction into evidence of a
Jetter signed by a district justice stating that he had
found the licensee not guilty of the underlying
offense. The trial court admitted the letter over
DOT's bearsay objection, holding that the signed and
sealed correspondence met the fundamental criteria
of Section 6103. That case is distinguishable from
the matter sub judice, however, because of the
exculpatory nature of the evidence, a situation not
present here.
ORDER
AND NOW. this 23rd day of July, 1993, the order
of the Court of Common Pleas of Bucks County is
affirmed.
END OF DOCUMENT
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Page 1 of6
Service; LEXSEE@
Citation; 1990 Pa. Cornrnw. LEXIS 536
135 Pa. Commw. 274, *; 580 A.2d 909, **;
1990 Pa. Commw. LEXIS 536, ***
LICENSING, Appellant, v. Benjamin Howa
No. 143 C.D. 1990
Commonwealth Court of Pennsylvania
135 Pa. Commw. 274; 580 A.2d 909; 1990 Pa. Commw. LEXIS 536
July 6, 1990, Submitted on Briefs
September 26, 1990, Decided
PRIOR HISTORY: [***1]
Appeal from Common Pleas Court, Allegheny County; No. SA 2761 of 1989; Raymond L.
Scheib, Judge.
CASE SUMMARY
PROCEDURAL POSTURE: Appellant department of transportation challenged the
judgment of the Court of Common Pleas of Allegheny County (Pennsylvania), that
granted appellee driver a nunc pro tunc proceeding to challenge the suspension of his
operator's license pursuant to 75 Pa. Cons. Stat. S 1538(c) and sustained appellee's
Challenge to the suspension.
OVERVIEW: Appellee driver was issued a citation for exceeding the maximum speed
limit in violation of 75 Pa. Cons. Stat. S 3362(a). Appellee posted collateral and entered
a plea of not guilty, but it was erroneously recorded as the payment of the fine and a
plea of guilty. Appellant department of transportation suspended appellee's license for an
indefinite period of time. A subsequent hearing was held on the citation, and appellee
was found not guilty. Appellant was notified but refused to reinstate appellee's license.
Appellee petitioned the lower court for a nunc pro tunc proceeding to challenge the
suspension of his license pursuant to 75 Pa. Cons. Stat. S 1538(c). The lower court
denied appellant's motion to quash and granted appellee's request. The lower court
sustained appellee's challenge to the suspension of his license. The court affirmed the
decision of the lower court because the delay of appellee's challenge was caused by the
error of his plea, and therefore, he was not precluded from challenging his suspension.
The court also found that there was sufficient evidence that appellee was not convicted of
the offense; therefore, his license should have been reinstated.
OUTCOME: The court affirmed the decision of the lower court that granted appellee
driver a nunc pro tunc proceeding to challenge the suspension of his operator's license
because the delay of the challenge was caused by the erroneous notation of a guilty plea
rather than appellee's plea of not guilty. The court affirmed the reinstatement of
appellee's operator's license because there was ample evidence that appellee had not
been convicted of the offense.
CORE TERMS: suspension, nunc pro tunc, initial burden, recording, license, license
suspension, properly granted, scope of review, plea of guilty, best evidence, notice dated,
certification, justifying, indefinite, frivolous, rebut, seal, competent evidence, failed to satisfy,
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Page2of6
failed to present, devoid of merit, driving record, error of law, recognizable, departmental,
admissible, sustaining, collateral, signature, breakdown
CORE CONCEPTS - .. Hide Concepts
~ Criminal Law & Procedure: Criminal Offenses: Vehicular Crimes: Speeding
.:t See 75 Pa. Cons. Stat. 9 6501(b).
~ Civil Procedure: Appeals: Standards of Review: Substantial Evidence Rule
~ Civil Procedure: Appeals: Standards of Review: Abuse of Discretion
.:tThe scope of review of a trial court's decision permitting an appeal nunc pro tunc is
limited to a determination of whether the trial court has abused its discretion or
committed an error of law. The scope of review of a trial court's decision in an
operator's license suspension case is limited to a determination of whether the trial
court's findings of fact are supported by competent evidence, whether errors of law
have been committed, or whether the trial court's decision demonstrates a manifest
abuse of discretion.
~ Governments : Local Governments : Licenses
.:t 75 Pa. Cons. Stat. 9 1550(a) grants the right to appeal to any person whose operator's
license has been suspended by Department of Transportation (DOT). 42 Pa. Cons. Stat.
9 5571(b) requires that an appeal from a government unit such as DOT be commenced
within 30 days after the entry of the order. 42 Pa. Cons. Stat. 9 5572 provides that the
date of mailing the order shall be the date of entry of the order.
~ Civil Procedure: Appeals: Reviewability: Time Limitations
.1;.An appeal nunc pro tunc may be permitted upon showing that the delay in filing the
appeal resulted from extraordinary circumstances involving fraud or a breakdown in
the court's operations which caused injury to the appealing party.
~ Civil Procedure: Appeals: Reviewability: Time Limitations
J:;Wrongful or negligent acts of an official, which may be a proper reason for holding that,
as to an injured person, the statutory period does not run and that the wrong may be
corrected by means of a petition filed nunc pro tunc within a reasonable time.
~ Governments: Local Governments: Licenses
.:tIn the case of a suspension of an operator's license based upon the accumulation of
points, the initial burden of proof is upon the Department of Transportation to produce
the records of convictions justifying the suspension.
~ Criminal Law & Procedure: Sentencing: Procedures
.1;. A conviction occurs when there is a finding of guilt and a sentence imposed.
~ Evidence: Hearsay Rule & Exceptions: Public Records & Vital Statistics
.1;.In an appeal from an operator's license suspension, copies of a district justice's records
that contain the necessary elements of certification, including the signature and seal of
a judicial officer, are admissible to prove the disposition of a motor vehicle violation.
~ Governments: Local Governments: Licenses
.:tIn order to rebut evidence of a conviction, a licensee prove by competent and
convincing evidence that he was not convicted.
~ Evidence: Hearsay Rule & Exceptions: Public Records & Vital Statistics
.1;. See 42 Pa. Cons. Stat. 9 6103,
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~ Civil Procedure: Appeals: Frivolous Appeals
.!;An appeal is frivolous within the meaning of Pa. R. App. P. 2744 when an appellant
presents no justiciable question and the appeal is readily recognizable as devoid of
merit in that there is little prospect of success.
COUNSEL: William A. Kuhar, Jr., Asst. Counsel, with him, Timothy P. Wile, Asst. Counsel in
Charge of Appellate Section, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton,
Chief Counsel, for appellant.
David H. Patterson, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, for appellee.
JUDGES: Smith and Pellegrini, JJ., and Silvestri, Senior Judge.
OPINION BY: SMITH
OPINION: [*277] [**911] Before this Court is an appeal by the Department of
Transportation (DOT) from an order of the Court of Common Pleas of Allegheny County,
dated December 13, 1989, which permitted Benjamin Howard Emery (Emery) to appeal nunc
pro tunc from an indefinite suspension of his operator's license by DOT pursuant to Section
1538(c) of the Vehicle Code, 75 Pa. C.S. !i 1538(c) (failure to attend a departmental
hearing), and which sustained his appeal of the suspension. The issues before this Court are
whether the trial court properly granted Emery's petition to appeal nunc pro tunc and
whether DOT satisfied its initial burden of proof by producing records of convictions justifying
the suspension of Emery's operator's license. This Court [***2] finds that the appeal nunc
pro tunc was properly granted and that DOT failed to satisfy its initial burden of proof.
On November 21, 1988, Em~~\I\Ias issued a citation (November 1988 citation) by the
Pennsylvania State Police for violation of Section 3362(a) of the Vehicle Code, 75 Pa. C.S. !i
3362(a) (exceeding the maximum speed limit). On January 9, 1989, Emery responded to the
citation by posting $ 102.50 as collateral for his appearance at trial and enrerilTg a plea of not
guilty. However, the pos~ of collat~al_ and the plea of not guilty were recorded in error at
the distri~!justice's office lls-paYmel'lt()Lt]1eJine-<lm:LEJ)"I~a of guiltY-,-~~i!.<:~nsequence of
the recording error, the office'of'the district iustice inaccuratelY-reported to DOT that Emery
[*278t--enTefeaapjeaofQuilty: nl Ther.eafter,~!;.~ry received an official notice dared
Marchc22, 1989 statin!! thj'lt",b~i3use of hiS "conviction", he accumulatea SIX points on his
drivin'g reC9Ic::IJi,ncl was required to atte~nd-a"departinemarl1eanng on April 18, 1989. Emery
failed to attend that'flea"ring :'Fie'alsorecefvec1InoficeClateif1l.jYrfrS;-1989 f, om District
Justice 13renda~M. Knepper stating that a hearing would be held on [***3] the November
1988 citation on April 25, 1989. Emery was found not guilty at that hearing.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - -
nl Section 6501(b) of the Vehicle Code, +75 Pa.C.S. !i 6501(b), provides that "[a] payment
by any person charged with a violation of this title of the fine prescribed for the violation is a
plea of guilty."
- - - - - - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - - - -
By official notice dated and mailed May.31, 19l:!2LP.Q.I.jnformed Emery that his operating
privileges were scheduled for indefinite suspension pursuant to Section 1538(c) of the Vehicle
Code. Upon notification by Emery of the recording error that resulted in the suspension,
District Justice Knepper forwarded a letter dated September 15, 1989 to DOT stating that
Emery W~f9Urrd"Jll:!Lgwlty on UH3l'i1C5\n!mber 1988 citation. DOT, however, refused to correct
Emery's driyi!1.9...r:~c:.ord. ~n Oct?be!" 17, 198Y, to,!"" y filed a petitiolrto appeanfunc'prOtTihC
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from the suspension in the Court of Common Pleas of Allegheny County. At a de novo hearing
before the trial court, DOT moved to quash the appeal as untimely. The trial court denied
DOT's [***4] motion and sustained Emery's appeal from the suspension because he was
found not guilty on the November 1988 citation. n2
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - -
n2 This Court's scope of review is dual: +The scope of review of a trial court's decision
permitting an appeal nunc pro tunc is limited to a determination of whether the trial court
has abused its discretion or committed an error of law. Department of Transportation, Bureau
of Traffic Safety v. Rick, 75 Pa.Commonwealth Ct. 514,462 A.2d 902 (1983). The scope of
review of a trial court's decision in an operator's license suspension case is limited to a
determination of whether the trial court's findings of fact are supported by competent
evidence, whether errors of law have been committed, or whether the trial court's decision
demonstrates a manifest abuse of discretion. Waldspurger v. Commonwealth, 103
Pa.Commonwealth Ct. 148, 520 A.2d 83 (1987).
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - -
DOT contends that the trial court lacked jurisdiction to hear Emery's appeal from the
suspension-r***SI-beca-usel:ne-I*279Tap'peal was untimely. secuollt550(a) of the
Vehiclecoae, as.amenaea,-'+7S"Pa.C.s. 9 l~~U(a), gran1SThE!r'ight to appeal to any person
whose operator's license has been suspended by DOT. Section 5571(b) of the Judicial Code,
42 Pa. C.S. g 5571(b), requires that an appeal from a government unit such as DOT be
commenced within thirty days after the entry of the order. Section 5572 of the Judicial Code,
42 Pa. [**912] C.S. g 5572, provides that the date of mailing the order shall be the date of
entry of the order. Emery filed his appeal from the suspension on October 17,1989, more
than four months after the mailing of the suspension notice. Thus, there is no dispute that
Emery failed to comply with the statutory requirements for filing his appeal. Despite
untimeliness of the appeal, the trial court did not lack jurisdiction under the circumstances in
this case.
DOT also contends that the trial court improperly granted Emery's appeal nunc pro tunc
because he failed to present evidence that constituted grounds for permitting an appeal nunc
pro tunc. .An appeal nunc pro tunc may be permitted upon showing that the delay in filing
the appeal resulted from extraordinary [***6] circumstances involving fraud or a
breakdown in the court's operations which caused injury to the appealing party. Rick, 75 Pa.
Commonwealth Ct. at 516, 462 A.2d at 903 (1983). The delay in filing Emery's appeal
resulted from the recording error at the district justice's office which clearly constituted a
breakdown in court operations. Moreover, the recording error is an example of ".wrongful or
negligent acts of [an] official. . . [which] . . . may be a proper reason for holding that, as to
an injured person, the statutory period does not run and that the wrong may be corrected by
means of a petition filed nunc pro tunc within a reasonable time." Wess v. Department of
Welfare, 75 Pa. Commonwealth Ct. 628, 631, 462 A.2d 955, 957 (1983). Thus, the recording
error constituted proper grounds for the trial court to grant Emery's petition to appeal nunc
pro tunc.
DOT also argues that, even if the trial court properly granted Emery's petition to appeal nunc
pro tunc, [*280] Emery failed to present evidence to rebut DOT's proof of the conviction
that justified suspension of his operating privileges. '+In the case of a [***7] suspension of
an operator's license based upon the accumulation of points, the initial burden of proof is
upon DOT to produce the records of convictions justifying the suspension. George Appeal,
101 Pa. Commonwealth Ct. 241, 515 A.2d 1047 (1986); Commonwealth v. Siedlecki, 7 Pa.
Commonwealth Ct, 130,300 A.2d 287 (1973). This Court has held that "[.a] conviction
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occurs ~en_t~ere is a finding of guilt and a sentence imposed." Department of
Transportation,""8are-atl-ef-TFaffiGSafet-y-v. E'C/wan:Jsi103 Pa, Commonwealth Ct. 43, 45, 519
A.2d 1083, 1084 (1987). At the April 18, 1989 hearing before District Justice Knepper, Emery
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was found not guilty. Consequently, there was no conviction on the November 1988 citation.
DOT could not have produced the record of a conviction that did not o<;cur. Thus, DOT failed
to satisfy its initial burden of proof because it did not produce the records of convictions
justifying the suspension of Emery's operator's license.
Even if DOT did satisfy its initial burden of proof, Emery presented evidence to rebut DOT's
evidence of a conviction. Emery presented the ***8 e em er ,1 e ter 0 istrict
Justice Kne e a I was found not guilty. DOT conten s t a e e ter IS
inadmissible hearsay, and does not qualify as an official record under Section bID3 of the
Judi9a1 Coce, 4L pa. C.S. l; 6103. n311~ an appeal ftom d" U(Je'dwr S license suspension,
copies of a district justice's records that contain the necessa elements of certification,
in ludin the . eal of a judicial officer, are admissible to rove the dis osition of
a otor *281'- ve VIO ation. ee epa ment 0 Transportation, Bureau of Traffic'
Safety v. Kluger, . ommonwealth Ct. 460, 317 A,2d 686 (1974). Th_e_letter that Emery
presenteJi.atJ:hatILaLcourt statin9-lQatJ1a'^'as fn, inri _[**913] not guilty confcilneOThe
signature and official seal of District Justice Knepper. The letter, properly CertlfledL was
ad",i~slble as an ornclal record within the meaning of :,ection 6103. Thus, Emery satisfied the
requirement that, ~in order to rebut evidence of a conviction, a licensee "prove by competent
and convincing evidence that he was not convicted." George, 101 Pa. Commonwealth Ct. at
243, 515 A.2d at 1047 (1986). [***9]
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - -
n3 ~Section 6103 of the Judicial Code provides:
An official record kept within this Commonwealth by . . . any district justice. . .
or any entry therein, when admissible for any purpose, may be evidenced by an
official publication thereof or by a copy attested by the officer having legal
custody of the record. . . and accompanied by a certificate that the officer has
the custody. The certificate may be made by any public officer having a seal of
office and having official duties with respect to the government in which the
record is kept, authenticated by the seal of his office. . . .
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - -
DOT also contends that the letter of the District Justice is inadmissible because it is not the
best evidence. DOT cites Department of Transportation, Bureau of Traffic Safety v. Cox, 92
Pa. Commonwealth Ct. 591,499 A.2d 1140 (1985) as authority for the rule that the best
evidence of the disposition of a citation is the certification of the disposition of that citation.
As this Court finds that [***10] the letter of the District Justice constitutes proper
certification, it is only necessary to address DOT's argument by pointing out that "[t]he rule
requiring production of the best evidence calls for the best that can be produced at the time it
is offered." Anderson v. Commonwealth, 121 Pa. Commonwealth Ct. 521, 525, 550 A.2d
1049, 1050 (1988), citing L.C.S. Colliery, Inc. v. Globe Coal Co., 369 Pa. 1,9,84 A.2d 776,
781 (1951) (emphasis in original). At the time Emery offered the letter into evidence, DOT
also presented its records to the trial court. The contents of the documents were in conflict.
The trial court resolved the conflict in favor of Emery, by sustaining Emery's appeal. In an
operator's license suspension appeal, the resolution of evidentiary conflicts is for the trial
court. Department of Transportation, Bureau of Driver Licensing v. Fleming, 119 Pa.
Commonwealth Ct. 343, 547 A.2d 488 (1988). Therefore, the trial court's decision to accept
the letter of the District Justice over the records presented by DOT will not be disturbed.
[*282] Finally, DOT contends that [***11] the finding of not guilty at the April 25, 1989
hearing is a nullity because the District Justice imposed a sentence following Emery's
"conviction" and consequently lacked jurisdiction to conduct the April 25th hearing. DOT
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argues that, under Commonwealth v. Bassion, 390 Pa.Superior Ct. 564, 568 A.2d 1316
(1990), Emery's sole means of challenging the suspension was to appeal the underlying
conviction to the court of common pleas. That case does not apply to Emery because there
was no conviction to appeal. After Emery entered a plea of not guilty, it was appropriate for
the District Justice to initially correct her record keeping error and to then proceed to hold a
hearing on the November 1988 citation. Moreover, the District Justice would not have held a
hearing had she previously imposed a sentence against Emery as DOT would lead this Court
to believe. The finding of not guilty was not, therefore, a nullity.
Emery contends that DOT's appeal to this Court is frivolous, and therefore, he is entitled to
an award of costs including a reasonable counsel fee. TAn appeal is frivolous within the
meaning of Pa. R.A.P. 2744 when an appellant presents no [***12] justiciable question,
and the appeal is readily recognizable as devoid of merit in that there is little prospect of
success. Hewitt v. Commonwealth, 116 Pa.Commonwealth Ct. 413, 541 A,2d 1183 (1988),
appeal denied, 520 Pa. 620, 554 A.2d 511 (1989). The questions raised by DOT in this appeal
present issues of first impression and thus it cannot be said that the appeal is readily
recognizable as devoid of merit. This Court therefore finds that DOT's appeal is not frivolous
and will decline Emery's request for an award of costs.
Accordingly. as the trial court committed no error of law in allowing Emery's appeal nunc pro
tunc, and further that the record amply demonstrates competent evidence to support the trial
court's decision, this Court must affirm.
ORDER
AND NOW, this 26th day of September, 1990, the December 13, 1989 order of the Court of
Common Pleas of [*~83] Allegheny County sustaining Appellee Benjamin Howard Emery's
appeal of an indefinite license [**914] suspension imposed by the Department of
Transportation is hereby affirmed.
Service: LEXSEE@
Citation: 1990 Pa. Commw. LEXIS 536
View: Full
DatefTime: Tuesday, May 29,2001 - 2:11 PM EDT
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Copyright@2001 LEXIS-NEXIS Group. All rights reserved.
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FRANCES L. TESLAR,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-1349 CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Respondent
CIVIL ACTION - LAW
IN RE: LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this 30th day of May, 2001, after
hearing, Petitioner's appeal is sustained, and the action of the
Department in suspending her operating privileges pursuant to
Section 1544 is reversed.
By the Court,
Edward E. Guido, J.
~
George Kabusk, Esquire ~~
For the Respondent ~
~
Chadwick o. Bogar, Esquire
For the petitioner
srs
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