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Home My WebLink About03-2415Susan K. Palumbo, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: t2~ -.-~,q/~ Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is Susan Kay Palumbo, residing at and having a mailing address off 234 E. Old York Road, Carlisle, PA 17013. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. This Honorable Court convicted Appellant on one count of violating 75 Pa.C.S. §3731(a), Driving Under the Influence. 4. This Honorable Court's sentence for this violation did not include a requirement to install ignition interlock devices on vehicles owned by Appellant. 5. Due to Appellant's DUI conviction, PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction. 6. Appellant's 1 year suspension pursuant to 75 Pa.C.S. §1532(b) ends on June 2, 2003. 7. PennDOT sent Appellant a Restoration Requirements Letter dated May 8, 2003, whereby PennDOT informed Appellant that his suspension will continue for one additional year if she does not install an ignition interlock device on every vehicle he owns. If Appellant does not VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: Susan K. Palumbo~ / Susan Kay Palumbo, Appellant Vo Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of a Petition for Appeal from Imposition of Ignition Interlock Requirements by the Department to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 By: ~~,~ ~~ Paul Bradfor~r[-, Esqui-re Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 o5/o /o3 SUSAN KAY PALUMBO 234 E OLD YORK RD CARLISLE PA 17013 DRIVER'S LICENSE NUMBER: 18056357 BIRTH DATE: 11/22/57 ELIGIBILITY DATE: 06/02/03 Dear MS. PALUMBO : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. TERM SUSPENSION/REVOCATION -You have a I YEAR(S) suspension/revocation that began (or will begin) on 05/28/02. Credit for serving this suspension/revoca- tion began (or will begin) on 06/02/02 and will end on 06/02/03. The suspension/revocation resulted from a violation on 11/18/01 of Section 3731, DRIVING UNDER INFLUENCE LICENSE NO. : 18056357 PAGE 2 IGNITION INTERLOCK YOU are required to have.an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services 1-800-452-1739 -Consumer Safety Technology, Inc. 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) 1-866-342-4984 -American Court Services (serving Central/Western PA) ' 1-888-565-6227 -Pennsylvania Interlock - 1-866-718-8606 -Draeger Interlock, Inc. 1-800-332-6858 You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 30 2002 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored you must apply for an Ignition Interlock license. An Ignition Interlock license entitles you to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE your eligibility date. An application is enclosed for your convenience. 'Susan Kay Palumbo, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: ~1.~~.).9f,.5" Civil Term ORDER AND NOW, this ~ day of.~ , 2003, upon consideration of Appellant's appeal, a heating shall be held on the ~'7't~ day of ~,~/~-~ , 2003, at c~ '3 ~ o'clock /~. M in Courtroom Number. /7/ , Cumberland County Courthouse, Carlisle, Pennsylvania. AND NOW, pending said heating, Appellee is hereby ordered to reinstate Appellant's driving privilege, effective June 2, 2003, supersedeas pursuant to 75 Pa.C.S. §1550(b) and case law cited herein. dford Orr, Esquire a~tf~fices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 ~e~sylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY THE COURT: Jo SUSAN K. PALUMBO, Petitioner VS. COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2415 CIVIL CIVIL ACTION - LAW APPEAL FROM LICENSE SUSPENSION ORDER AND NOW, this day of August, 2003, hearing in the above captioned matter set for August 29, 2003, is continued to Wednesday, October 22, 2003, at 3:15 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Patti Bradford Orr For the Petitioner George Kabusk, Esquire For PennDOT :rim Hess, J. J'./! SUSAN K . PALUMBO, Petitioner COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION: BUREAU OF DRIVER : LICENSING, : Respondent : IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-2415 CIVIL TERM APPEAL FROM LICENSE SUSPENSION RE: MA'I'-FER REMANDED TO DEPARTMENT OF TRANSPORTATION ORDER OF COURT AND NOW, this 22nd day of october, 2003, this matter having been called for hearing, this matter is remanded to the Department of Transportation, and the Department shall correct the record and rescind the requirement that the petitioner comply with the requirements of the Ignition Interlock Law, 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition to the restoration of the petitioner's driving privilege as a result of the petitioner's violation of section 3731 of the vehicle code, violation date November 18, 2001. By the court, ~eorge H. Kabusk, Esquire For the Department :bg Ke~Y A. ~aul For Hess, B. Orr, Esquire the petitioner