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HomeMy WebLinkAbout01-04978r, ~ APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEP 0 ~ 2001 V COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING NO. Ol- 447d~' (.tv4C~E2.h-l Q ORDER OF COURT AND NOW, this..?~uay of~a7,~~G'~t,G~-' , 20 G( based upon Appellant's Appeal, a hearing shall be held on~~ day of.~~, 20D/, in Courtroom ~ at ~~ 30 o'clock ~.m. at the Cumberland County Courthouse. ~ ~Af ~ ~, i'~_ i .~ .4~~ ~! ail- 1', ~~_}~!'~1 ~~A~L~1'~u"i~U,, II C+' 'a ' " ' ~~~Y t t ~Ll C .,.o su~esaacawmve~www.w.. _ mwnw.u;~sw.vm»^xr:~re.s-~::m"m-xa.•n.mm,::l•me~erv ~:x,.-..=a^ 3x-..a. ~.- ~^,y ,,:.~+..:=tea-. wx!~^aAet'+R!~144~~1~99AH. maewkivra+°~~c~a+{ai 5 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Commonwealth of Pennsyl~dania Department of Transportation Appellee File No._(~!'-C/g ~ ~ C~ ~I/` PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING DENIAL OF DRIVER'S LICENSE / 1. Appellant herein is 1~2Rh2Th ~, J(L'+"f2~~1 /, residing at and having a m<:iling address of:1QQ's ~u,'~' ; ~(,~ S~ 2. Appellee herein i~ the Department of Transportation of the Commonwealth of Pennsylvania, having a mai:ing address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated pgUS-~ ~~~~ ~, a copy of which is attached hereto as Exhibit A, the Department of Transportation ordered Appellant to surrender his /her operating license /motor vehicle registration for a period of ~~/~~ f denied the issuance /renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S:A. § 1550(bl(1)lij, Appellant is retaining driver's licen~:e until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1}(iil, a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supersedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle registration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / registration is improper or unlawful for the following reasons: Appellant respectfully requests that this matter be aet down for a hearing and that the cider of suspension /order of denial be set aside. Respectfully submitted by, `~ ~ ~~~ :~ ~- Appellant -2- I verify that the statements made irr this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities. Date. D-23~~~ ~~ ~ ~.~~ Appellant 3- 1 1 ~ ~ ~ Q C A n c. c. ~~ ; ,~ -' ~_ ; -. ~- ,~ _' ~~ c~~ ,; .~i_ _ nt~rn~;&_ _d& _. r~...eann~,~'~~baA~Fa~t~'i^rrm:**,n[n~+t~e~rtu54wa. ra~~~[+~ ._,~ „+. .r-aa' k~.-~:e ~."t ~a=..wmnat Te~*s, ee°'h#~i~±BG°'i a COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 20, 2001 KENNETH LEE KEITER JR 105 FAIRFIELD STREET APT 2 NEWVILLE PA 17241 WID # 011949283957881 BB1 PROCESSING DATE 07!13!2441 DRIVER LICENSE * 23256053 DATE OF BIRTH 09/27/1972 Dear MR. KEITER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 07/12/2001 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 05/23/2001: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/24/2001 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING 7HE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should fiollow ALL instructions very carefiully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permitsr temporary driver's licenses (camera cards) in your possession on or before 08/24/2001. You may surrender these items before, 08/24/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 59.00. You must present two C2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any Suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 20, 2001 KENNETH LEE KEITER JR 1D5 FAIRFIELD STREET APT 2 NEWVILLE PA 17241 WID * 011949283957893 UD1 PROCESSING DATE 07/13/2041 DRIVER LICENSE * 23256053 DATE OF BIRTH 09/27/1972 Dear MR. KEITER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 07/12/2001 conviction of violating Section 1571 of the Vehicle Code, VIOLS CONCERNING LICENSES, on 05/23/2001: Your driving privilege is SUSPENDED for a period of 15 DAY(S) effective 08/24/2002 at 12:01 a.m. Instead of assigning Points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to Your driver's license record. Therefore, PennDOT is assigning this additional 15 DAY(S) suspension to your current suspension. This suspension is in addition to anY other suspensions already on your record. CONPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses Ccamera cards) in your possession an or before 08/24/2001. You may surrender these items before, OS/24/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 59.00. You must present two C2) forms of proper identification Ce.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. F L ff~ ± -' %k'r'F ~ ai c ~. ~ ~ ,. ::w ~ ~ a ~ a ~ ~~~bi .~. ~ ~A ~ it'F ~ ~ t .: ~~ ., v , -~. ,~ Y;F'~" D~~ 326,(9/95) CERTIFICATION DATE: November 28, 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 Depart~rient of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or Knicrofilm records which are reproduced in the attached certification. IN TESTI3VIONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Prior Address Inquiry Printout dated 11/20/01, which appears in the file of the petitioner KENNETH LEE KEITER JR., operator's number 23256053, date of birth 09/27/72, in the Bureau of Driver Licensing Harrisburg, Pennsylvania; 2) Transaction History Inquiry Printout dated 11/28/01, which appears in the file of the Petitioner KENNETH LEE KEITER JR., operator's number 23256053, date of birth 09/27/72, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania, showing processing of customer address update card on 06/15/01; and 3) copy of Customer Address Update Card submitted to the Bureau of Driver Licensing by petitioner KENNETH LEE KEITER JR., operator's number23256053, date of birth 09/27/72, and processed by the Bureau of Driver Licensing on 06/15/01. 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. Q c5 ' ~~+"'c'~'~"..1 SEAL COMMONWggI,TH'S REBECCA L. BICKLEY, ECTOR TT BUREAU OF DRIVER LICENSING C7201'S00 2DL01529 Prior Address Inquiry Customer 23256053 KEITER;JR,KENNETH,LEE Date of Birth 09/27/72 1 PRIOR ADDRESS ----------------------- 81 COUNTRY VIEW ESTATES NEWVILLE PA 17241 Termination Date: 06/15/01 2 Last Updated: MOSLEY 06/15/01 15424720 13-SUBMENU A0730303 11/20/01 PRIOR ADDRESS ----------------------- 30 CARLISLE RD NEWVILLE PA 17241 07/03/98 1 MONTGOJ 07/03/98 8581406 15-RETURN ~~ C7201500 2DL01507 TRANSACTION HISTORY INQUIRY Customer 23256053 KEITER;JR,KENNETH,LEE WID Number 01166 6051 922835 001 Operator Identification 6001 Logon Identification: Business Action Code EADD EDIT CUSTOMER ADDRESS Document DLP009 UPDATE CARD Citatioh Number Process Date Product Status Code Input Film Loc Number Output Film Loc Number 13-SUBMENU 20-NEXT A07C035C 7.7./28/01 06/15/01 2 Mail Address Used Unclaimed Indicator: 00000000000000 00000000000000 15-RETURN ~a ___ ._~- ~~ e~ M ~ ~f w s €K > i ~ ~Y3 O 0 u .~ J i • "~ ~ r c v s a '~ r ~~ s d ~ $ L C 'A C W ~~ ~ ~ G ~~ Q ~. r ~ ~f ~a w - az' ~ ~ x v ~, DL-32F (9/95) DATE: October 16, 2001 CERTIFICATION 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. ~~~ BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION 1 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 07/20/01, effective 08/24/02; 2) Record of Conviction Details received by the Department electronically from the DISTRICT COURT NO. 09302, for Citation No. J0709014, date of violation 05/23/01, date of conviction 07/12/01; 3) Official Notice of suspension of operating privileges dated & mailed 07/20/01, effective 08/24/01; 4) Record of Conviction Details received by the Department electronically from District Court No. 09302, for Citation No. J0709013 date of violation 05/23/01; date of conviction 07/12/01; 5) Official Notice of suspension of operating privileges dated & mailed 10/30/00, effective 10/30/00, and 6) Driving Record, which appears in the file of the defendant KENNETH LEE KEITER JR., operator's no. 23256053, date of birth 09/27/72, 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 AFORESAID. COMMONWEALTH'S EXHIBIT HEREUNTO SET MY ND AND SEAL THE DAY AND YEAR V~i ~ .~ r e SEAL REBECCA L. BICKLEY, DIRECTOR BUREAU OF DRIVER LICENSING CgMNONWEALTN qF PENPISYLVANiA DEPARTMENT OR TRANSPORTATION •uresu of Driver Lieensing Nail Oates JULY 20, 2001 KENNETH LEE KEITER JR 305 FAIRFIELD STREET APT 2 NEYVILLE pA 17243 YID ® 013949253957093 001 PROtESSIN6 DATE 07/13/200 DRIVER LICENSE • 23256053 DATE OF BIRTH 09/27/3972 Dear MR. KEITERs This is ah O!lielsl NOtiq s! the SUSpsnsion of Yaur Driving Privilege as authoriaad by Section 1544 of the Pennsylvania Vehicle Code. As a roswit of your 0771212®ffi1 conviction of violating Section 1871 of th• Vehicle Codo, VIOLS CONCERNEN6 LICENSES, on 05/23/2001: • Your driving privilege is SUSPEND#D f~ a period o! 15 DAY(:) !!lsativrs 011724/2002 at 12581 a.wt. Instead of assigning Points to your driver's lieertss record. Saetion 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to Your driver's licessse record. There- fore. PennDOT is assigning this additional IS DAY(!) sus- pension to your current suspension. This susponsion is in addition to any other suspen:ions al- ready on your record. ~CONPLYINB WITH T~,IS SUSPENSION You oust return all current Pennsylvania driver's licenses, learner's peraits, teaporary driver's licenses Cesaera cards) in your possession on or before OE/24/2001. You aay surrender these ilea: before, 08/24/2001, for earlier credit; however, you aay not drive after these ilea: are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'8 LECENSE FOR YDENTEFECATION PURPOSES, However, you aay apply for and obtain a photo identification card at any Driver License Canter for a cost of 19.00, You oust present two (2) forws of proper iden- tifitation (e.g., birth certificate, valid U.S. passport. aarrisge certificate, etc.) in order to obtain your photo identification card. ~~ C 011949283957893 You will not receive credit to~rd serving any suspension until we reaeiw your license(s). Co~plete the fallowing steps to acknowledge this suspension. i. Return all current Pennsylvania driver•a licenses. learner's pareifis and/or cases cards to PennDOT. it you do not haw any of these uses, sand a worn nota- rized letter stating you ate aaare of the suspension of Your driving privilege. You east spetlfy in your lettor why You are unable to return yaur driver's license. Resesber: You May not retain your driver's lieense far identification purposes. Please send these uses to: Pennsylvania Aepartssnt of Transportstion Surssu of Driver Licensing P.0. 8ox 68693 Harrisburg. PA 17306-8693 2. UPOn receipt, revise and aceeptanee of Your Pennsylvania driver's licsnseisD. iearoer's persit6sD, aad/or a sworn notarized lettor, PennDOT rill send you a rsesip4 eon- firaing the date that a»dit began. It you do not re- ceive a receipt fros us aithin 3 aeoks. please contact our office. Othe~aiss, you sill not be given credit toward serving this suspension. PsnnDOT phone nusbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, we suefi. refer this matker to the Pennsylvania Slate Poiics for prosseution under SECTION IS71(a)C4) of the Pennsylvania Yshiele Code. APPEAL You have the right to appeal this action to the Court of Coseon Pleas (Civil Division) aSthin 30 days of the sail dell, JULY 20, 2001. of 4his letter. If you file an appeal in the county Court, the court sill glue you • lisle-steeped certifietl Dopy of the appeal. in order for your appeal to be valid, you suet send this ties-steeped certified copy of the appeal by certified sail lac Pennsylvania Dspsrtsertt of Transportation Office of-Chief Counsel Third Floor. Rfverfront Office Canter Harrisburg, PA 17104-2516 Reeeeber, this is an OFFICIAL NOTICE OF SUSPENSION. You Bust return all current Pennsylvania drimer lieense products to PennDOT by 08/24/2001. 11 ~ 1 1 OII'6425595759' Sincerely. ~• ' 1 Rebecca L. iickley. Director Sureau of Driver Lieensinp INF~;g A~, TIQN ,Z~qQ a.®. to 1140 ®.w. IN STATE 1-500-952-6.600 TDD iN STATE 1-600-228-0671 OUT-OF-STATE 717-391-61l0 TDD DUT-OF-STATE 717-3l1-`I91 WE8 SITE ADDRESS wrw.dot.state.oa.us i i C7203800 3DL03802 Conviction Detail Screen 1 of 2 A0730303 09/25/01 WID No 01194 9283 957893 001 Name KEITER JR KENNETH L. Check Digits 1st Line Address: 2nd Line Address: 00105 FAIRFIELD ST. 2 City/State/Zip NEWVILLE PA 17241 Date of Birth 09/27/72 1 Oper Lic State Operator Number 23256053 Sex/Race Social Security 189563497 Violation Date District Number 09302 Filing Date Citation Number J0709014 Issue Date Docket Number TR000239801 Defendant Plea Fine 100.00 Conviction Date Amount Owed 141.50 Response Date Section Violated: 1571 Disposition Susp Auth Code Charge Seq No Speed Limit Transmittal Date Speed Traveled TRANSMITTAL TIME Section Descript: RECD SUS'D FICT ALT'D ETC DRIVERS LIC 15-RETURN 20-NEXT 23-NXT-ONREC PA M W 05/23/01 2 05/29/01 2 05/23/01 2 GP 07/12/01 2 0 GP 001 07/13/01 2 060001 ~~ C7203$00 3DL03803 Coavictioa Detail Screen 2 of 2 A0730303 09/25/01 Customer Number 23256053 Customer Name KEITER JR Comm Vehicle Ind HAZMAT Ind CDL Holder Vehicle Registration No REGISTRATION YEAR Registration State: Vehicle Type Same as Defendant Defendant Signed AOPC Send Date N N N CHEV CCN7774 O1 PA CP Y 07/13/01 2 KENNETH L. Offense Place I-81 Offense Time 0000 Arrest Agency PAPSP1000 Officer ID 6551 County 21 Boro/Twp 210 Route I-81 Title 75 Update Indicator: Susp/Rest Ind 15-RETURN 20-NEXT 22-1ST-INREC CONMONWEAL7N DF PENN5YL.ANIA DEPARTMENT OF 'fRANSPORTATYON bureau of Oriver Licensing Na11 Date: JULY 20. 2001 KENNETN LEE KEITER JR 105 FAIRFIELD STREET APT 2 NENVILLE PA 17241 Dear NR. KETTERt Th:ta is an Offioiai Notion Privilege as autboriaed by Vehicle lode. As a result vioiating $ecifon 1543A o SUSP/REVOKE on 05/23/2001: WID • 011949283957883 001 PROCETSING DATE 07/13/2003 DRIVER LICENSE • 23256053: DATE OF BIRTN D9/27/1972 r of the buaWnaion of Your Driving Section 1863 of the Pennsylvania of your 01/12/2001 conviction of ~ the Yehicla Lode DRIYIN6 WHILE Your driving privliege fs SWSPENDED •Or a period of 1 YeARts) affaativa Oa/24/R001 at iz4O1 a.w. Before gennDOT can rastoro Your driving Prlvlle0e. You west fallow the instruetlo(ta in thla latter !or i;ONP1YIN6 NITN TNI$ SWSP6NSIilil~ kAYI.NO TNf R£'iTORATION 6fE and PROVIDING. PRO(IF OK iNf6U#A)lCb. Y611 •haUid 441iDw IiiL ina!Mvrrtiena wry oarafullY• lvNf if inlu have aprvag ail the tia~ on the auapansion/revocation, wa cannot rastsra lnwr ®rivinp priv- ilepa until ail the raquiraasi(rta era aatiofied. CDNPLYIN6 WITH THIS $USPENSIDN You roust return all current Pennsylvania driver°s licenses. learner's perwita, tewporarY driver°a licanaos (eawera cards) in Your possession on or before 00/24/2001. You way surrender these hews before. 08/24/2001. for earlier cretlit; however. You waY not drive after these h ews are surrendered. YOU MAY NOT RlTA2N YOUR ORlVbR'• LICbNpp PDR lDRNTIPYCATION PURb0060. Noaawr. Yau way apalY for ana obtain • photo idehtifieetian card a! any Driver Liunse Cantor for a co:t of f9.00. You wuat prosent txo (2) fortwa of proper iden- lification te.g.. birth cartifiute. valid U.S. passport. warriage certificate, ate.) in order to obtain your photo idnntificatlon card. YOl1 Will not raaaive oradit toward aarvin0 anY suaaanalon until 11a raseiva Your lieenaa(a). Cowpiate the following sups to acknowledge this suspension. ~~ 011949283957881 1. Return all current Pennsylvania driver's licenses. learner's perwita and/or casera cards to PennDOT. If you do not have any of these iteas. send a sworn nota- riaad letter stating you are aware of the suspension of Your driving privilege. You oust specify in your latter why you are unable to return your driver's license. Rawewber: You say not retain your driver's license for identification Purposes. Please sand tbesa itess too Pennsylvania Denartwent of Transpartatian Bureau of Driver Licensing P.O. Box 68643 Harrisburg, PA 17166-8693 2. Upon receipt. review and acceptance of Your Pennsylvania driver's lfeensats), learner's perwitts). and/or a sworn notarised letter. Penn)10T will sand you a receipt con- firwing the data that credit began. Ef you do not re- ceive a receipt Prow us within 3 weeks, Please contact our office. Otherwise. you will not be given credit taaard serving this suspension. PennllOT phone nusber: are listed at tb• end of this letter. 3. If you do not return all current driver license pro- ducts, wa east refer this wetter to the Pennsylvania State Polie• for prosecution under SECTYON 1571caDC4) of the Pennsylvania Yahicle Code. PAYING THE RESTBRATION FEE You wust pay a restoration fee to PennDOT to be restored frow a suspension/revocation of your driving privilege. To Pay your restoration tee, eowplete the following steps: 1. Return the enclosed Application for Restoration. The swount due is listed on the application. 2. Write your driver's license nuwber tllsted on the first page) on the check or woney order to ensure proper credit. 3. Follow the Oaysent and wailing instructions on the back of the application. 011949283457881 P~,OVIQ,INS PROOF OF INSURANCE l Within the last 30 days of your suspension/revocation. we will send you a letter asking that you provide proof of in- surance at that tine. This letter will list acceptable docuaants and Mhat will ba needed if you do not own a vehicle registered in Pennsylvania. Zaportent: Please alike sure that PennDOT is notified if You cove frog your current address. You way notify PennDOT of your address change by calling any of the phone nuabers listed at the end of this letter. APPEAL You hav• the right to appeal this action to the Court of Coaeon Pleas tCivil Division) within 30 days of the wail date, JULY 20. 2001, of this letter. Z! yeu file en appeal 1n the County Cei,)rt, tM t will Aiv~s a t10)g-st eerti4ied aoRy OFT !AE ippool. En order for your appeal to be valid. you wd3t sertd this tide-stawped tartif3ed copy of the appeal by certified wail fox Pennsylvania Dat-srtaent of Transportation Office of Chief Counsel Thfrd Floor. Riverfront Office Confer Narrisb4ry. PA 17104-2511 Reaeaber, this is an Oi~FiCIAI NOTICE ®F s{ilpHg3I0N. You gust return ail current Pennsylvsnis driver license products to PennDQT by 08124/2001. Sincerely. Rebeesa L. Hinkley. Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Departeent of Transportation Bureau of Driver Licensing P.G. Hox 68693 Harrisburg, PA 17106-8593 INFORNATION 17:00 IN STATE OUT-OF-STAVE TDD IN STATE TDD OUT-OF°STATE AM TO 9 00 PN) 1-000-932-4600 717-391-6190 1-800-228-0676 717-391-6191 C7203800 3DL03802 Conviction Detail Screen 1 of 2 A0730303 09/25/01 WID No 01194 9283 957881 001 Name KEITER JR KENNETH L. Check Digits 1st Line Address: 2nd Line Address: 00105 FAIRFIELD ST. 2 City/State/Zip NEWVILLE PA 17241 Date of Birth 09/27/72 1 Oper Lic State Operator Number 23256053 Sex/Race Social Security 189563497 Violation Date District Number 09302 Filing Date Citation Number J0709013 Issue Date Docket Number TR000239701 Defendant Plea Fine 200.00 Conviction Date Amount Owed 241.50 Response Date Section Violated: 1543A Disposition Susp Auth Code Charge Seq No Speed Limit Transmittal Date Speed Traveled TRANSMITTAL TIME Section Descript: DRIV WHILE OPER PRIV SUSP OR REVOKED 15-RETURN 20-NEXT 23-NXT-ONREC PA M W 05/23/01 2 05/29/01 2 05/23/01 2 GP 07/12/01 2 0 GP 001 07/13/01 2 060001 C7203800 3DL03803 Conviction Detail Screen 2 of 2 A0730303 09/25/01 Customer Number 23256053 Customer Name KEITER JR Comm Vehicle Ind N HAZMAT Ind N CDL Holder N Vehicle CHEV Registration No CCN7774 REGISTRATION YEAR O1 Registration State: PA Vehicle Type CP Same as Defendant Defendant Signed Y AOPC Send Date 07/13/01 2 KENNETH L. Offense Place I-81 Offense Time 0000 Arrest Agency PAPSP1000 Officer ID 6551 County 21 Boro/Twp 210 Route I-81 Title 75 Update Indicator: Susp/Rest Ind 15-RETURN 20-NEXT 22-1ST-INREC COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: OCTOBER 30, 2000 KENNETH LEE KEITER JR WID # 002979232174276 001 81 COUNTRY VIEW ESTATES PROCESSING DATE 10/23/2000 DRIVER LICENSE # 23256053 NEWVILLE PA 17241 DATE OF BIRTH 09/27%1972 Dear MR. KEITER: This is an Officiai Notiee of the Suspension of your Driving Privilege as authorised by Section 1533D of the Pennsylvania Vehicle Code. Vour driving privilege was muspendmd effec- tive 10/30/2000 at 12:01 a.m. for failing to make regular payments on fines and costs far Citbtion fruntbar A6063224 (Amount Owed O10I.50) issued on 08/20/2000. The ci#ation was a result of Your violation of Section 3362 of the Pennsylvania Vehicle Code: EXCEEDING MAXIMUM SPEED. PLEASE READ THIS LETTER IN ITS ENTMETY. THIS IS A FINAL ORDER OF SUSPENSIONS YOU OIO NOT RECEIVE A BRACE PERIOD FOR THIS SUSPENSION SINCE YOUR D~RIViNG PRIVILEGE IS CURRENTLY UNDER SUSPENSION. IF YOU HAVE ALREADY RESUU~D YOUR PAYMENT 3CHEDUI_E AND IT WA8 ACCEPTED 8Y THE COURT BEFORE THE ~SUS- PENSION DATE, PENNOOT WILL RECEIVE NOTICE OF YOUR RESPONSE FROM THE COURT. YOU WILL THEN RECEIVE NOTICE FROM PENNDOT EXCUSINB YOU FROM THIS SUSPENSION. This suspension is in addition to any other suspensions al- ready on your record. ~SUMING YOUR _PAYM~i SCHEDULE In order #a resume your payment schedule, you moat follow the Btepa below: 1, Contact the Court: DISTRICT JUSTICE } 1? CHERRY STREET (} DUNCANNON PA 170201444 (717) 834-4990 2. Make arrangements with the Court to resume your payment schedule or pay the entire balance. a. Do not mall or bring your payment to PennDOT. b. It is your responsibility to contact the Court arvd resume payment Q~ 10/0/2000. ~ 3. Contact the Court if this letter does not list an amount owed for this violation. ~~ 002979232174276 4. If you have already resumed your payment schedule and it was accepted by the Court ~FFORE 10/30/2000, you will receive notice from PennDDT excusing you from this sus- pension. COMPLYING WITH TH~S~ SUSPENSItlM You must return any current Pennsylvania driver's license, learner's permit or Yemparary driver's license (camera card) in your possession. You will not receive credit toward serving any suspension until we receive your documents. Complete the following steps to acknowledge this suspension: 1. Return Your current license, permit or camera card to the address below. If you do not have any of these items, complete and return one of the following: ^ A DL-16LC Acknowledgment form (available at any driver license center) ^ A notarized affidavit (letter) stating that you are aware of the suspension at your driving privilege 2. Be sure to sign the form or affidavit. 3. Return all items tot Pennsylvania Department of Transportation Bureau of priver Licensing P.O. Box 6$693 Harrisburg, PA 17106-8693 4. If you do not receive a receipt from us within 3 weeks of mailing your documents, cell our office immediately. APPEAL You have the right to appeal this actian to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 30, 2090. of this letter. It` you fide an ap- peal in the County Court, the Court will give you a time- etamped certifiied copy ofi the appeal, In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation gffice of Chief Counsel Third Floor, Riverfront tl#fice Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. 4az979232174a7d Sincerely. Q.~-~• . Rebecca L. Bickleyr Director Buroau oP Drivor Licensing; IMFORMA~'IOy 700 a.m. tQ 9 QO n.m. IN STATE 1-$44-932-4600 TDD IN STATE DUT-OF-STATE 717°391-4194 TDD QUT-Df-STATE WEB SITE ADDRESS www.dot.State.Pa.us ~E 1-840-2x$-0674 717=391-4191 ~a PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY SEP 26 2001 ,. DRIVER: KENNETH LEE KEITER JR DRIVER LICENSE NO 105 FAIRFIELD STREET DATE OF BIRTH APT 2 SEX NEWVILLE, PA 17241 RECORD TYPE DRIVER LICENSE (DL) LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES ORIG TSSUE DATE MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS C JUL 09 2001 SEP 30 2002 MAR 12 1991 NONE SUSPENDED PAGE 1 23256053 SEP 27 1972 MALE REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSIIED CDL LICENSE EXPIRES: CDL ENDORSEMENTS NONE CDL RESTRICTIONS NONE CDL LEARNER_PERMITS: CDL LICENSE STATUS SUSPENDED SB FROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED . PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLPI$S OLL LICEI~ISE..ZSSIJED OLL LICENSE EXPIRES: OLL LICENSE° $TP,TUS *** CONTINUED *** j ~~ PAGE 2 CERTIFIED DRIVING HISTORY - SEP 26 2001 - LICENSE NUMBER 23256053 CONTINUED REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: JUL 08 1992 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 072 MPH IN A 045 MPH ZONE CONVICTION DATE: JUL 21 1992 ACTION: ASSIGNED POINTS VIOLATION DATE: AUG 27 1993 VIOLATION: VEHICLE :CODE: 336-2 DESCRIPTION: EXCEEDING" B~A7CIMUM SPEED 056 MPH IN A 035 MPH ZONE CONVICTION DATE: OCT 15-1943 ACTION: PAINT E3~P,M ACTION: PASSED'"EXAM FEB 03 1994 VIOLATION DATE: NOV 10 1995.. VIOLATION: uEHTCLE CORE-: 3362 DESCRIPTION: EXC~EY~ING MAXIMUM SPEED d6~0 'MPH IN A 035 MPH ZONE CONVICTION DATE: bEC 07-.1995 ACTION: ASSIGNED POINTS VIOLATION DATE: MAY 15 1998 VIOLATION: VEHICLE"CODE: -3362 DESCRIPTION: EXCEE~SIiQ6 NtA'XaMUM SPEED 061 MPH IN A 045 MPH ZONE CONVICTION DATE: MAY 29 1998 ACTION: ASSIGNED POINTS *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - SEP 26 2001 - LICENSE NUMBER 23256053 CONTINUED VIOLATION DATE: JUN 13 1998 VIOLATION: VEHICLE CODE: A3731 MAJOR VIOLATION DESCRIPTION: ARD-DUI ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE FEB 05 1999 OFFICIAL NOTICE MAILED FEB 18 1999 ACTION: RESTORATION OF OPERATING PRIVILEGES AUG OS 1999" VIOLATION DATE: MAR 13 2000 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 056 MPH IN A 035 MPH ZONE CONVICTION DATE: MAR 20 2000 ACTION: ASSIGNED""POINTS VIOLATION DATE: DEC 20 19"9"9 VIOLATION: VEHICLE'CODE: 1533A DESCRIPTION: FAILURE TO RESPOND ACTION: SUSPENSION EFFECTIVE 'MAX 11 2000 OFFICIAL NOTICE .MAILED"APR 20 2000 VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: AUG 20 200Q VEHICLE CODE: 33:62" EXCEEDING MAXIMUM""SPEED 049 MPH 'IN A 035 MPH ZONE SEP 15 2600 $USPE97SIQN FOR 15 DAY(S) dFFTCIAL NOTICE MAILED SEP EFFECTIVE SEP 25 2000 25 2000. *** CONTINUED *** PAGE 4 CERTIFIED DRIVING HISTORY - SEP 26 2001 - LICENSE NUMHER 23256053 CONTINUED VI(LATION DATE: AUG 20 2000 VIOLATION: VEHICLE CODE: 1533D DESCRIPTION: FAIL TO RESPOND ACTION: SUSPENSION EFFECTIVE OCT 30 2000 OFFICIAL NOTICE MAILED OCT 30 2000 VIOLATION DATE: DEC 20 1999 VIOLATION: VEHICLE CODE: 3112A3I DESCRIPTION: RED LIGHT VIOLATION CONVICTION DATE: MAY 23 2001 ACTION: SUSPENSION FOR 15 DAY(S) EFFECTIVE JUN 14 2001 OFFICIAL NOTICE MAILED JUN 07 2001 ACTION: RESTORATION OF OPERATING PRIVILEGES JUL 09 2001 VIOLATION DATE: MAY 23.2001 VIOLATION: VEHICLE'CODE: 1543A DESCRIPTION: DRIV~~1G WHILE SUSP/REVOKE CONVICTION DATE: JUL 12 2001 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE'AUG 24 2001 OFFICIAL NOTICE MAILED-JUL 20 2001 VIOLATION DATE: MAY 2.3 2001 VIOLATION: VEHICLE CODE: 1571, DESCRIPTION: VIOLS CONCERNING LICENSES CONVICTION DATE: JUL 12-2001 ACTION: SUSPENSION FOR 15 DAY(S) EFFECTIVE AUG 24 2002 OFFICIAL NOTICE. MAILED JUL 20 2001 *** CONTINUED *** PAGE 5 CERTIFIED DRIVING HISTORY - SEP 26 2001 - LICENSE NUMBER 23256053 CONTINUED REPORT OF MEDICALS-AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS MOTOR VEHICLEA~CIDENT R~4QRD~`LISTED.,OD]'TFIIS~~OBERATING REPORT DO NOT INDICATE FAULT FOR THE` ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: JUN 13 1998 LOCATION: CUMBERLAND CTY VEHICLE TYPE: PASSENGER *** END OF RECORD *** PAGE 6 CERTIFIED DRIVING HISTORY - SEP 26 2001 - LICENSE NUMBER 23256053 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, .~` ~, DIRECTOR, BUREAU OF DRIVER LICENSING SEAL FOR SECRETARY OF TRANSPORTATION COMMQNWEALTH.;QF PENNSYLVANIA SS: DATE:SEP 26 2001 I HEREBY CERTIFY THAT REBECCA L. BiCKLEY, DIRECTOR OF THE BUREAU OF DRT,~R LICENSING, OF `TH'E PENNSYLVANIA DEPARTMENT OF-TRANSPOR~ION IS THE LEGAL_.Ct?~TODIAN OF THE DRIVER LICENRTNG.R,.ORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THR DIRECTOR OF TSE AFORESAID'BUREAU, SHE HAS LEGAL CUSTODY OF THE"ORIGINAL OR MTCROFILM"RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY.WHrEREOF, 2 HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID..' SINCERELY, SECRETARY OF TRANSPORTATION SEAL KENNETH L. KEITER, JR., Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4978 CIV1L TERM LICENSE SUSPENSION AND NOW, this ? 9 ~ day of /Vovw~r~r , 2001, upon motion by the Department of Transportation, Bureau of Driver Licensing, the appeal in the above referenced matter is quashed as untimely filed. BY THE COURT: f/ ~'f~ J. ~~ "" "1 R 5 ~v n Attest: Kenneth L. Keiter, Jr., Pro Se, 105 Fairfield Street, Apt. 2, Newville, PA 17241 Terrance M. Edwards, Esq., PennDOT, Office of Chief Counse1,1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 ._ rya }. ~ r _ _ -3 ~ L\7 _: c __- C.. ~^ w~ . r~ .~i C'' `--.~ } ' KENNETH L. KEITER, JR., Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent IN THE-COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4978 CIVIL TERM LICENSE SUSPENSION MOTION TO QUASH AND DISMISS APPEAL TO THE HONORABLE JUDGE OF SAH) COURT: COMES NOW your Respondent, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Bureau), by and through its attorney, Terrance M. Edwards, Esquire, and moves this Honorable Court to quash the appeal in the above-captioned case for the following reasons: 1. The appeal is untimely. Section 1550 of the Vehicle Code, 1976, P.L. 162, June 17, as amended, 75 Pa.C.S. § 1550, provides that any person denied a driver's license or whose operating privilege has been recalled, canceled, suspended or revoked by the Department of Transportation shall have the right to appeal to the Court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). 2. 42 Pa.C.S. §933 provides that the Courts of Common Pleas shall have jurisdiction of appeals of final orders issued by the Department of Transportation pursuant to, inter alia, Section 1550 of the Vehicle Code, 75 Pa.C.S. §1550. 42 Pa.C.S. §5571(b) provides that an appeal from a "government unit to a court ... must be commenced within 30 days after the entry of the order from which the appeal is taken." 42 Pa.C.S. §5572 provides that the date of entry of such order is the "date of mailing if service is by mail." In the case sub judice, notice of suspension of Mr. Keiter's driving privilege was properly mailed on July 20, 2001, to his "address of record" pursuant to Section 1540(b)(1) of the Vehicle Code, 75 Pa.C.S. §1540(b)(1). >_ '~` ~ ~= :.~ _ -~ 1.- ,~ t' 7 ~~.~ _d _ ~~ ~'~, ;1~7 '~~ ti i e `~ w3 3. Accordingly, Mr. Keiter was required to file his appeal, if any, within 30 days of the date the notice was mailed to him on July 20, 2001. Maxion v. Department of Transportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); McKeown v. Department of Transportation, 601 A.2d 486 (Pa. Cmwlth. 1991). 4. Pursuant to 1 Pa.C.S. § 1908, thethirty-day period began on the day following the date of mailing, i.e., on Saturday, July 21, 2001. The thirtieth daywas Sunday, August 19, 2001. However, as the thirtieth day was a Sunday, the final date for filing the appeal became Monday, August 20, 2001. 1 Pa.C.S. §1908; McKeown. However, the appeal was not filed in this Honorable Court until Friday, August 24, 2001. 5. Accordingly, this appeal was clearly filed more than thirty (30) days from the date the notice of suspension was mailed. "Where an act of assembly fixes the time within which an appeal must be taken, the time may not be extended in the absence of fraud or its equivalent." Department of Transportation, Bureau of Traffic Safety v. Royster, 377 A.2d 1038, 1039 (Pa. Cmwlth. 1977), quoting Luckenbach v. Luckenbach, 443 Pa. 417, 419, 281 A.2d 169 (1971). See,4lso: Department of Transportation, Bureau of Motor Vehicles v. Shemer, 629 A.2d 1063 (Pa. Cmwlth. 1993), appeal denied, 637 A.2d 294 (Pa. 1993) (Appeal quashed when filed one day after the expiration of the 30 day appeal period). Fisher v. Department of Transportation, Bureau of Driver Licensing, 682 A.2d 1353 (Pa. Cmwlth. 1996) (Department of Transportation must file a motion to quash an untimely filed appeal in order to avoid a claim of delay in reinstating a suspension). Department of Transportation, Bureau of Traffic Safety v. Warenczuk, 636 A.2d 1225 (Pa. Cmwlth. 1991), aff'd, 633 A.2d 1167 (Pa. 1993), cert. denied, 511 U.S. 1092 (1994). Department ofTransportation,Bureau ofDriverLicensing v. Gelormino, 636 A.2d 224 (Pa. Cmwlth. 1993). Department of Transportation, Bureau ofDriverLicensingv. Grasse, 606 A.2d 544 (Pa. Cmwlth. 1991). Department ofTransportation, Bureau ofDriverLicensingv. Kruc, 557 A.2d 443 (Pa. Cmwlth. 1989). Korell v. Department of Transportation, Bureau of Driver Licensing, 551 A.2d 398 (Pa. Cmwlth. 1988), appeal denied, 575 A.2d 571 (Pa. 1990). 6. The law is well-settled that appeals nunc pro tunc are allowed only "where the party making the request has shown that the delay in filing the appeal was engendered by extraordinary circumstances involving fraud or a breakdown in the court's operations through a default of its officers, which has resulted in injury to the appealing party." Department of Transportation, Bureau of Traffic Safety v. Rick, 462 A.2d 902, 903 (Pa. Cmwlth. 1983) (Emphasis in original). 7. "Jurisdiction is the predicate upon which a consideration of the merits must rest." Robinson v. Pennsylvania Bd. of Probation and Parole, 582 A.2d 857, 859 (Pa. 1990). An appeal taken aRer the right to take an appeal has expired is null and void and is subject to being quashed and dismissed for want of jurisdiction. Maxion; McKeown. See also In re Cross's Estate, 122 A. 267, 272 (Pa. 1923). 8. The Bureau has sent other notices of suspension to Mr. Keiter. See Commonwealth's Exhibit No. 1. Mr. Keiter has indicated in his petition for appeal that he did not receive one of the notices of suspension in a timely manner, because he had moved and the notice of suspension was mailed to his former address. If Mr. Keiter is referring in his petition for appeal to the notice of suspension at issue in the case sub judice, the Bureau would note that Section 1515 of the Vehicle Code, 7S Pa.C.S. §1515, requires that a motorist provide the Department of Transportation with notice of a change of address in writing within 15 days of the change. As established by the Bureau's certified records, Commonwealth's Exhibit No. 2, the last notice of a change of address provided to the Department by Mr. Keiter, on June 15, 2001, listed his address as 105 Fairfield Street, Apt. 2, Newville, PA 17241. This is the same address to which the notice of suspension was properly mailed. This also is the address Mr. Keiter listed as his current address in filing his petition for appeal. Accordingly, the Bureau did not err in mailing the notice of Mr. Keiter's suspension to Mr. Keiter's "address of record." 75 Pa.C.S. §1540(b)(1). In these circumstances, a petition to appeal nunc pro tunc may not be granted. Gelormino, 636 A.2d at 226-227. WHEREFORE, the Bureau respectfullyrequests that its Motion to Quash be granted and that the aforesaid appeal be dismissed. d Respectfully submitted, ~ ~ ~1 Y •` ~~ Terrance M. Edwards, Esquire Assistant Counsel Attorney I.D. No. 25231 Riverfront Office Center Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, Pennsylvania 17104-2516 (717)787-2830 KENNETH L. KEITER, JR., Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-4978 CIVIL TERM LICENSE SUSPENSION MOTION TO QUASH AND DISMISS APPEAL TO THE HONORABLE JUDGE OF SAH) COURT: COMES NOW your Respondent, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Bureau), by and through its attorney, Terrance M. Edwards, Esquire, and moves this Honorable Court to quash the appeal in the above-captioned case for the following reasons: 1. The appeal is untimely. Section 1550 of the Vehicle Code, 1976, P.L. 162, June 17, as amended, 75 Pa.C.S. §1550, provides that any person denied a driver's license or whose operating privilege has been recalled, canceled, suspended or revoked by the Department of Transportation shall have the right to appeal to the Court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). 2. 42 Pa.C.S. §933 provides that the Courts of Common Pleas shall have jurisdiction of appeals of final orders issued by the Department of Transportation pursuant to, inter alia, Section 1550 of the Vehicle Code, 75 Pa.C.S. § 1550. 42 Pa.C.S. §5571(b) provides that an appeal from a "government unit to a court ... must be commenced within 30 days after the entry of the order from which the appeal is taken." 42 Pa.C.S. §5572 provides that the date of entry of such order is the "date of mailing if service is by mail: ' In the case sub judice, notice of suspension of Mr. Keiter's driving privilege was properly mailed on July 20, 2001, to his "address of record" pursuant to Section 1540(b)(1) of the Vehicle Code, 75 Pa.C.S. §1540(b)(1). 3. Accordingly, Mr. Keiter was required to file his appeal, if any, within 30 days of the date the notice was mailed to him on July 20, 2001. Maxion v. Department ofTransportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); McKeown v. Department of Transportation, 601 A.2d 486 (Pa. Cmwlth. 1991). 4. Pursuant to 1 Pa.C.S. § 1908, the thirty-day period began on the day following the date of mailing, i.e., on Saturday, July 21, 2001. The thirtieth day was Sunday, August 19, 2001. However, as the thirtieth day was a Sunday, the final date for filing the appeal became Monday, August 20, 2001. 1 Pa.C.S. §i908; McKeown. However, the appeal was not filed in this Honorable Court until Friday, August 24, 2001. 5. Accordingly, this appeal was clearly filed more than thirty (30) days from the date the notice of suspension was mailed. "Where an act of assembly fixes the time within which an appeal must be taken, the time may not be extended in the absence of fraud or its equivalent." Department of Transportation, Bureau of Traffic Safety v. Royster, 377 A.2d 1038, 1039 (Pa. Cmwlth. 1977), quotingLuckenbach v. Luckenbach, 443 Pa. 417, 419, 281 A.2d 169 (1971). See Also: Department of Transportation, Bureau of Motor Vehicles v. Shemer, 629 A.2d 1063 (Pa. Cmwlth. 1993), appeal denied, 637 A.2d 294 (Pa. 1993) (Appeal quashed when filed one day after the expiration of the 30 day appeal period). Fisher v. Department of Transportation, Bureau of Driver Licensing, 682 A.2d 1353 (Pa. Cmwlth. 1996) (Department of Transportation must file a motion to quash an untimely filed appeal in order to avoid a claim of delay in reinstating a suspension). Department of Transportation, Bureau of Traffic Safety v. Warenczuk, 636 A.2d 1225 (Pa. Cmwlth. 1991), afj'd, 633 A.2d 1167 (Pa. 1993), cert. denied, 511 U.S. 1092 (1994). Department of Transportation, Bureau of Driver Licensing v. Gelormino, 636 A.2d 224 (Pa. Cmwlth. 1993). Department of Transportation, Bureau ofDriverLicensing v. Grasse, 606 A.2d 544 (Pa. Cmwlth. 1991). Department ofTransportation, Bureau ofDriverLicensingv. Kruc, 557 A.2d 443 (Pa. Cmwlth. 1989). Koren v. Department of Transportation, Bureau of Driver Licensing, 551. A.2d 398 (Pa. Cmwlth. 1988), appeal denied, 575 A.2d 571 (Pa. 1990). 6. The law is well-settled that appeals Hunt pro tunc are allowed only "where the parry making the request has shown that the delay in filing the appeal was engendered by extraordinary circumstances involving fraud or a breakdown in the court's operations through a default of its officers, which has resulted in injury to the appealing party," Department of Transportation, Bureau of Traffic Safety v. Rick, 462 A.2d 902, 903 (Pa. Cmwlth. 1983) (Emphasis in original). 7. "Jurisdiction is the predicate upon which a consideration of the merits must rest." Robinson v. Pennsylvania Bd. of Probation and Parole, 582 A.2d 857, 859 (Pa. 1990). An appeal taken after the right to take an appeal has expired is null and void and is subj ect to being quashed and dismissed for want of jurisdiction. Maxion; McKeown. See also In re Cross's Estate, 122 A. 267, 272 (Pa. 1923). 8. The Bureau has sent other notices of suspension to Mr. Keiter. See Commonwealth's Exhibit No. 1. Mr. Keiter has indicated in his petition for appeal that he did not receive one of the notices of suspension in a timely manner, because he had moved and the notice of suspension was mailed to his former address. If Mr. Keiter is referring in his petition for appeal to the notice of suspension at issue in the case sub judice, the Bureau would note that Section 1515 of the Vehicle Code, 75 Pa.C.S. §1515, requires that a motorist provide the Department of Transportation with notice of a change of address in writing within 15 days of the change. As established by the Bureau's certified records, Commonwealth's Exhibit No. 2, the last notice of a change of address provided to the Department by Mr. Keiter, on June 15, 2001, listed his address as 105 Fairfield Street, Apt. 2, Newville, PA 17241. This is the same address to which the notice of suspension was properly mailed. This also is the address Mr. Keiter listed as his current address in filing his petition for appeal. Accordingly, the Bureau did not err in mailing the notice of Mr. Keiter's suspension to Mr. Keiter's "address of record." 75 Pa.C.S. §1540(6)(1). In these circumstances, a petition to appeal Hunt pro tunc may not be granted. Gelormino, 636 A.2d at 226-227. WHEREFORE, the Bureau respectfully requests that its Motion to Quash be granted and that the aforesaid appeal be dismissed. Respectfully submitted, ~~ ~~ Terrance M. Edwards, Esquire Assistant Counsel Attorney I.D. No. 25231 Riverfront Office Center Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 KENNETH L. KEITER, JR., Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4978 CIVIL TERM LICENSE SUSPENSION MOTION TO OUASH AND DISMISS APPEAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW your Respondent, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Bureau), by and through its attorney, Terrance M. Edwards, Esquire, and moves this Honorable Court to quash the appeal in the above-captioned case for the following reasons: 1. The appeal is untimely. Section 1550 of the Vehicle Code, 1976, P.L. 162, June 17, as amended, 75 Pa.C.S. § 1550, provides that any person denied a driver's license or whose operating privilege has been recalled, canceled, suspended or revoked by the Department of Transportation shall have the right to appeal to the Court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). 2. 42 Pa.C.S. §933 provides that the Courts of Common Pleas shall have jurisdiction of appeals of final orders issued by the Department of Transportation pursuant to, inter alia, Section 1550 of the Vehicle Code, 75 Pa.C.S. §1550. 42 Pa.C.S. §5571(b) provides that an appeal from a "government unit to a court ... must be commenced within 30 days after the entry of the order from which the appeal is taken." 42 Pa.C.S. §5572 provides that the date of entry of such order is the "date of mailing if service is by mail." In the case sub judice, notice of suspension of Mr. Keiter's driving privilege was properly mailed on July 20, 2001, to his "address of record" pursuant to Section 1540(b)(1) of the Vehicle Code, 75 Pa.C.S. §1540(b)(1). 3. Accordingly, Mr. Keiter was required to file his appeal, if any, within 30 days of the date the notice was mailed to him on July 20, 2001. Maxion v. Department ofTransportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); McKeown v. Department of Transportation, 601 A.2d 486 (Pa. Cmwlth. 1991). 4. Pursuant to 1 Pa.C.S. § 1908, the thirty-dayperiod began on the day following the date of mailing, i. e., on Saturday, July 21, 2001. The thirtieth day was Sunday, August 19, 2001. However, as the thirtieth day was a Sunday, the final date for filing the appeal became Monday, August 20, 2001. 1 Pa.C.S. § 1908; McKeown. However, the appeal was not filed in this Honorable Court until Friday, August 24, 2001. 5. Accordingly, this appeal was clearly filed more than thirty (30) days from the date the notice of suspension was mailed. "Where an act of assembly fixes the time within which an appeal must be taken, the time may not be extended in the absence of fraud or its equivalent." Department of Transportation, Bureau of Traffic Safety v. Royster, 377 A.2d 1038, 1039 (Pa. Cmwlth. 1977), quotingLuckenbach v. Luckenbach, 443 Pa. 417, 419, 281 A.2d 169 (1971). See Also: Department of Transportation, Bureau of Motor Vehicles v. Shemer, 629 A.2d 1063 (Pa. Cmwlth. 1993), appeal denied, 637 A.2d 294 (Pa. 1993) (Appeal quashed when filed one day after the expiration of the 30 day appeal period). Fisher v. Department of Transportation, Bureau of Driver Licensing, 682 A.2d 1353 (Pa. Cmwlth. 1996) (Department of Transportation must file a motion to quash an untimely filed appeal in order to avoid a claim of delay in reinstating a suspension). Department of Transportation, Bureau of Traffic Safety v. Warenczuk, 636 A.2d 1225 (Pa. Cmwlth. 1991), aff'd, 633 A.2d 1167 (Pa. 1993), cert. denied, 511 U.S. 1092 (1994). Department ofTransportation, Bureau ofDriverLicensing v. Gelormino, 636 A.2d 224 (Pa. Cmwlth. 1993). Department of Transportation, Bureau of DriverLieensing v. Grasse, 606 A.2d 544 (Pa. Cmwlth. 1991). Department ofTransportation, Bureau ofDriverLicensing v. Kruc, 557 A.2d 443 (Pa. Cmwlth. 1989). Korell v. Department of Transportation, Bureau of Driver Licensing, 551 A.2d 398 (Pa. Cmwlth. 1988), appeal denied, 575 A.2d 571 (Pa. 1990). 6. The law is well-settled that appeals nunc pro tunc are allowed only "where the party making the request has shown that the delay in filing the appeal was engendered by extraordinary circumstances involving fraud or a breakdown in the court's operations through a default of its officers, which has resulted in injury to the appealing party." Department of Transportation, Bureau of Traffic Safety v. Rick, 462 A.2d 902, 903 (Pa. Cmwlth. 1983) (Emphasis in original). 7. "Jurisdiction is the predicate upon which a consideration of the merits must rest." Robinson v. Pennsylvania Bd. of Probation and Parole, 582 A.2d 857, 859 (Pa. 1990). An appeal taken after the right to take an appeal has expired is null and void and is subj ect to being quashed and dismissed for want of jurisdiction. Maxion; McKeown. See also In re Cross's Estate, 122 A. 267, 272 (Pa. 1923). 8. The Bureau has sent other notices of suspension to Mr. Keiter. See Commonwealth's Exhibit No. 1. Mr. Keiter has indicated in his petition for appeal that he did not receive one of the notices of suspension in a timely manner, because he had moved and the notice of suspension was mailed to his former address. If Mr. Keiter is referring in his petition for appeal to the notice of suspension at issue in the case sub judice, the Bureau would note that Section 1515 of the Vehicle Code, 75 Pa.C.S. §1515, requires that a motorist provide the Department of Transportation with notice of a change of address in writing within 15 days of the change. As established by the Bureau's certified records, Commonwealth's Exhibit No. 2, the last notice of a change of address provided to the Department by Mr. Keiter, on June 15, 2001, listed his address as 105 Fairfield Street, Apt. 2, Newville, PA 17241. This is the same address to which the notice of suspension was properly mailed. This also is the address Mr. Keiter listed as his current address in filing his petition for appeal. Accordingly, the Bureau did not err in mailing the notice of Mr. Keiter's suspension to Mr. Keiter's "address of record." 75 Pa.C.S. §1540(b)(1). In these circumstances, a petition to appeal nunc pro tunc may not be granted. Gelormino, 636 A.2d at 226-227. WHEREFORE, the Bureau respectfully requests that its Motion to Quash be granted and that the aforesaid appeal be dismissed. Respectfully submitted, i ~ ~` Y " ~p Terrance M. Edwards, Esquire Assistant Counsel Attorney I.D. No. 25231 Riverfront Office Center Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, Pennsylvania 17104-2516 (717) 787-2830