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HomeMy WebLinkAbout99-06454 ? ? ? .y? a i e ' ? a ... .. _ .' . .' . ?x ... , ? F. i. J.. :. i1 " f ,n?, : t a9 .. ?? `J i ?? 1- xj Rt a?? Y? _? i 'V ? ? y?, a: 4 ' s: Y$ ~ F kj 4?. 'T} h 3 ??i O ?% 'y? ?: S i. S :r }? ?- ' '' ?? ?? Q ?,?.. , ?- ,? `0 c . 'F . =° 9- :? p _.., ,? '.? `v •. ,? v ?. T i:. ;`:0- ?1 COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee V. BRIAN S. HOFFMAN Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6454 CIVIL TERM ORDER OF COURT AND NOW, this t(day of October, 1999, upon consideration of Appellant's appeal from license suspension, a hearing is scheduled for Friday, December 17, 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT is directed to supplement his notice of appeal to state specifically why the suspension imposed by Appellee is improper, within 20 days of the date of this order. In the event that such a supplemental filing is not made, and a copy served upon Appellee, within the prescribed time period, the court will entertain a motion from Appellee to dismiss the appeal without a hearing. BY THE COURT, O"I 26 (ii 2: 37 -uay George Kabusk, Esq. Assistant Counsel Motor Vehicle & Traffic Safety Sections Office of Chief Counsel Department of Transportation 34d Floor, Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Appellee Brian S. Hoffman 16 Lime Kilm Road Carlisle, PA 17013 Appellant, Pro Se :rc tCOMMONWEALTH OF PENNSYLVANIA • 'PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, APPELLEE V Rr`wn S Ro gmrla, APPELLANT .. MIMS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA OCT 2 5 199 :NO. qq -b o 01, v, . AND NOW, this _ day of , 199_, based upon Appellant's Appeal, a hearing shall be held on _ day of , 199_, in Courtroom _ at o'clock _.m. at the Cumberland County Courthouse. J. COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA DEPARTMENT OF : CUMBERLAND COUNTY, PENNSYLVANIA TRANSPORTATION BUREAU OF DRIVER LICENSING, APPELLEE V : NO. PD IW,j 1 SeG?t ?G1 ??vtru? APPELLANT 1. Appellant, Smn S . H o` F tvta?? I h u"'t Kill-, Oa? Itslz is an adult individual whom currently resides at , Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Bnreau of Driver Licensing, Harrisburg, Dauphin County, Pennsylvania, 17123 is a state agency. 3. Your Appellant was arrested for allegedly operating his motor vehicle while driving UA V1ou.} a- 11ce0za, , at 3: i0 hours in the area of ?py?,? '1lIC?G? ?e ?1 4. Your Appellant was notified on or about q/jUj W`1q , that his license was being suspended for U. moS a period of one-year which would go into effect 10/ 4811q(1 at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a hearing and deny the Commonwealth's request that his license be suspended and your Honorable Court to stay any and all suspensions. Respectfully Submitted: j?n ?n t4 ??,I11fL1'? COMMONWEALTH OF PENNSYLVANIA ---- DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing ---- Harrisburg, PA 17123 SEPTEMBER 23, 1999 __-- BRIAN S HOFFMAN 992599283959698 001 16 LIME KILM RD 09/16/1999 23235992 CARLISLE PA 17013 08/19/1972 Dear Motorlsc. " As a result of your conviction on 08/26/1999 of violat- ing Section 1501A of the Vehicle Code, OPERATOR MUST BE LI- CENSED on 07/27/19991 your driving privilege is being SUSPENDED for a Period of 6 MONTH(S) as mandated by Section 1532B of the Vehicle Code. 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 privi- lege. 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 Ve- hicle Code. Altho.,,.,.1. t' ? I— mandata.e_ that-. mi1r...drJvina erivi)pge is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, 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 10/28/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. 992599283959698 You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. Yoou?have the right to appeal this action to the Court of Common plans, ;,ivi.l.Divisinnl .+?hhin 30 davs of the mail date of this letter, SEPTEMBER ::3, 1999. If you rile an appeal in the County Court, the Court will give you a time- stamped certified copy of the appeal. Send this time- stamped certified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT.OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD PLOORo RIVERFRONT OFFICE CENTER HARRTSBUR0, PA. 17104-2516 Sincerely, q4" ?? ? ?;? , Rnbecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LIiENSE/DL-16LC/TO: Department Transportation agerNaii of nr Licensinq Harrisburg. PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE Ti)D :1: STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1•Ann-7,%n•obrb 717-391-6191 i CERTIFICATE OF S .RVI . . I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States , Pennsylvania, through first calss certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of the Chief Counsel Std Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: Ovbheraa, I?i?l I, gYl ate S' Hit i tt^!° 1, state that I am the Appellant in the above-captioned case and that the facts set forth in the above Notice of Appeal are true and correct to the best of my knowledge, information and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa. C.S. 4904. Date:oc,O?er QR, I-I'1q DL-326 (5/95) CERTIFICATION DATE: October 27, 1999 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. 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 09/23/99, effective 10/28/99; 2) Record of Conviction Details received by the Department electronically from the DISTRICT COURT NO. 09201, for Citation No. A43631755, date of violation 07/27/99, date of conviction 08/26/99; 3) Official Notice of suspension of operating privileges dated & mailed 03/11/96, effective 03/20/97; 4) Record of Conviction Details received by the Department electronically from District Court No. 09302, for Citation No. C209712, date of violation 10/15/94, date of conviction 02/23/95; 5) Record of Conviction Details received by the Department electronically from District Court No. 09302, for Citation No. C209848, date of violation 09/18/94, date of conviction 10/06/94, and 6) Driving Record, which appears in the file of the defendant BRIAN S. HOFFMAN, operator's no. 23235992, date of birth 08/19/72, 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 HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. Qjccd I' SEAL M REBECCA L. BICKLEY, DIRE R BUREAU OF DRIVER LICENSI G COMMONWEALTH OF PENNSYLVANIA ---- DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing ---- Harrisburg, PA 17123 ---- SEPTEMBER 23, 1999 ---- BRIAN S HOFFMAN 142S1120451648 001 16 LIME KILM RD 09/16/1111 2323S142 CARLISLE PA 17013 08/19/1972 Dear Motorist: As a result of your conviction on 08/26/1999 of violat- ing Section 1501A of the Vehicle Code, OPERATOR MUST BE LI- CENSED an 07/27/19V9, your driving privilege is being SUSPENDED for a period of 6 MONTH(S) as mandated by Section 1532B of the Vehicle Code. 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 OL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. 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 Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do nit surrender your license, Credit will not begin until all current driver's license product(s)o the DL16LC Farm, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, 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. Tha effective date of suspension is 10/28/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. b #- 1 992599283959696 You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, SEPTEMBER 23, 1999. If you file an appeal in the County Court, the Court will give you a tins- stamped certified copy of the appeal. Send this time- stamped certified copy of the appeal by certified mail tot PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR* RIVERFRONT OFFICE CENTER HARRISBURG# PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T01 Department of Transportation 1 Bureau of Driver Licensing P.O. Box 68693 Harrisburo. PA 17106-8693 INFORMATION (7100 IN STATE OUT-OF-STATE TDD IN STATE TOD OUT-OF-STATE AM TO 9100 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 i C7203800 3DLO3802 conviction Detail WID No : 99259 9283 959698 001 Name : HOFFMAN BRIAN Check Digits 15t Line Address: 2nd Line Address: 00016 LIME KILN RD City/State/zip : CARLISLE Date of Birth : 08/19/72 1 operator Number : 23235992 social security : District Number 09201 Citation Number A43631755 Docket Number TR000389999 Fine 200.00 Amount Owed 268.00 section violated: 1501A susp Auth code speed Limit speed Traveled section Descript: DRIVING W/O A LICENSE 15-RETURN 20-NEXT 23-NXT-ONREC screen 1 of 2 A0730303 10/26/99 PA 17013 open Lic state Sex/Race violation Date Filing Date Issue Date Defendant Plea Conviction Date Response Date Disposition charge seq No Transmittal Date TRANSMITTAL TIME 4?p 5 PA M 07/27/99 1 07/27/99 1 07/27/99 1 GP 08/26/99 1 0 : GP : 001 : 09/07/99 1 : 082613 C7203800 3DLO3803 Conviction Detail screen 2 of 2 A0730303 10/26/99 Customer Number : 23235992 Customer Name : HOFFMAN BRIAN 5 Comm vehicle Ind : N HAZMAT Ind N CDL Holder vehicle FORD Registration No : ZL51599 REGISTRATION YEAR : 99 Registration state: PA vehicle Type same as Defendant : Defendant signed : N AOPC send Date : 09/07/99 1 offense Place offense Time : 0000 Arrest Agency : PA-0211500 Officer ID : 26-9 County : 21 Boro/Twp : 208 Route Title 75 Update indicator: susp/Rest Ind 15-RETURN 20-NEXT 22-1ST-INREC 4 4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburos PA 17123 MARCH 11. 1996 1 BRIAN S HOFFMAN 560641263021307 001 16 LIME KILM RD 03/04/1156 23235152 CARLISLE PA 17013 08/15/1572 w' LICENSE IN BUREAU Door Motoristi As a result of your conviction on 02/23/1995 of violating Section 1501A of the Vehicle Cade. OPERATOR MUST BE LICENSED on l0/15/1994o your driving privilege is being SUPPENDED for a period of 6 MONTH(S) as mandated by Section 15325 of the Vehicle Code. Effective Data of Suspensions 03/20/1997, 12x01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). You will be notified of any outstanding restoration re- quiresents approximately 30 days before the eligibility date of the restoration of your driving Privilags. You must fol- low those instructions very carefully in order to have your driving privilege restored. 45 960649283021307 You have the right to appeal the Department's action to the Court of Common Plans (Civil Division) within 30 days of the mail date (MARCH 11. 1996) of this notice. PLBABE MOTS that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. You must follow the in- structions listed below according to your individual situ- ationt 1. PENNSYLVANIA RBBiDBHT - If you are a resident of Pennsylvanian You must file an appeal with the Court of Com- mon Plans in the County of your residence. Sending a copy of the appeal which you filed with the Court, to the Depart- ment, will postpone the Department's action pending a final decision by the Court if the appeal was filed within the re- quired 30 days. However, if your privilege to operate a commercial motor vehicle has been DIBQUALIPIBD, a signed supersedeas by the judge must accompany your appeal. 2. NON-RBBIDBNT - If you are not a resident of Pennsylvania, you must file an appeal with the Court of Common Pleas in the Pennsylvania County where the violation occurred. Banding a copy of the appeal which you flied with the Court, to the Department, will postpone the Department's action pending a final decision by the Court if the appeal was filed within the required 30 days. THE APPEAL MUST BE BENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFPICE OF CHZIP COUNSEL ROOM 103, TRANSPORTATION k SAFETY BUILOINO HARRISBURO* PA. 17120 Sincerely, Qjte? %? s N;A? Rebecca L. Bickley, Director Bureau of Driver Licensing C7203800 3DLO3802 Conviction Detail WID No : 96064 9283 021307 001 Name HOFFMAN Check Digits 1st Line Address: 2nd Line Address: 00016 LIMEKILN ROAD City/State/Zip : CARLISLE Date of Birth : 08/19/72 1 Operator Number : 23235992 social security : District Number : 09302 Citation Number : 0209712 Docket Number : TR000238594 Fine 25.00 Amount owed 62.50 section violated: 1501A Susp Auth code speed Limit speed Traveled Section Descript: DR W10 A LIC 15-RETURN 20-NEXT 23-NXT-ONREC 40AUZI PA 17013 Oper Lic State Sex/Race violation Date Filing Date Issue Date Defendant Plea Conviction Date S. Response Date Disposition Charge Seq No Transmittal Date TRANSMITTAL TIME Screen 1 of 2 A0730303 10/26/99 PA M 10/15/94 1 10/17/94 1 10/15/94 1 : GP : 02/23/95 1 0 GP 001 11/01/95 1 115427 C7203800 30L03803 Conviction Detail Screen 2 of 2 A0730303 10/26/99 Customer Number : 23235992 Customer Name : HOFFMAN BRIAN S. Comm vehicle Ind : N HAZMAT Ind : N CDL Holder : N vehicle : YAMAHA Registration No REGISTRATION YEAR Registration State: PA vehicle Type : ATV Same as Defendant : Y Defendant signed : N AOPC Send Date : 11/01/95 1 Offense Place : E. SPRGVIEW RD. offense Time : 0625 P Arrest Agency : PAPSP1000 officer ID : 2371 County : 21 Boro/TWp : 219 Route : CLAY ROAD Title : 75 update Indicator: Susp/Rest Ind 15-RETURN 20-NEXT 22-1ST-INREC C7203800 3DLO3802 Conviction Detail screen 1 of 2 A0730303 10/26/99 WID No : 94293 9283 236436 001 Name : HOFFMAN BRIAN S. Check Digits 15t Line Address: 2nd Line Address: 00016 LIMEKILN ROAD City/State/Zip : CARLISLE Date of Birth : 08/19/72 1 operator Number : 23235992 social security : District Number : 09302 Citation Number : C209848 Docket Number : TR000224894 Fine 200.00 Amount owed 265.00 section violated: 1501A Susp Auth code speed Limit speed Traveled Section Descript: DR W/O A LIC 15-RETURN 20-NEXT 23-NXT-ONREC PA 17013 open Lic state Sex/Race violation Date Filing Date Issue Date Defendant Plea Conviction Date Response Date Disposition charge Seq No Transmittal Date TRANSMITTAL TIME 4 5 PA M 09/18/94 1 09/20/94 1 09/18/94 1 GP 10/06/94 1 0 GP 001 10/17/94 1 075259 C7203800 3DLO3803 Conviction Detail screen 2 of 2 A0730303 10/26/99 Customer Number : 23235992 Customer Name : HOFFMAN BRIAN S. Comm vehicle Ind : N HAZMAT Ind : N CDL Holder : N Vehicle : TOYOTA Registration No REGISTRATION YEAR Registration State: PA Vehicle Type : TRUK Same as Defendant : Y Defendant Signed : Y AOPC Send Date : 10/17/94 1 offense Place offense Time : INTER. W/SR 174 : 1010 P Arrest Agency : PAPSP1000 Officer ID : 7041 County : 21 Boro/Twp : 210 Route : SR 3015 Title : 75 update indicator: Susp/Rest Ind 15-RETURN 20-NEXT 22-1ST-INREC PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PAGE 1 BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY OCT 26 1999 DRIVER: BRIAN S HOFFMAN 16 LIME KILM RD DRIVER LICENSE NO : 23235992 CARLISLE , PA 17013 DATE OF BIRTH : AUG 19 1972 SEX : MALE RECORD TYPE REG LIC/LP/ID DRIVER LICENSE (DL) --------------- --------------- COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS '-°-'-""'°°°- ---------___ LICENSE ISSUE DATE: JUL 28 1999 CDL LICENSE CLASS LICENSE EXPIRES : AUG 31 2001 CDL LICENSE ISSUED ORIG ISSUE DATE : JUL 03 1990 CDL LICENSE EXPIRES s MED RESTRICTIONS : NONE CDL ENDORSEMENTS NONE LEARNER PERMITS CDL RESTRICTIONS : L LICENSE STATUS : PEND SUSPEND CDL LEARNER PERMITS CDL LICENSE STATUS PEND SUSPEND SB ENDORSEMENT = PROBATIONARY LICENSE (PL) PL LICENSE CLASS s PL LICENSE ORIG ISS s PL LICENSE ISSUED ; PL LICENSE EXPIRES s PL LICENSE STATUS s OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS s OLL LICENSE ISSUED s OLL LICENSE EXPIRES s OLL LICENSE STATUS s *** CONTINUED *** #' PAGE 2 CERTIFIED DRIVING HISTORY - OCT 26 1999 - LICENSE NUMBER 23235992 CONTINUED REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS --------------------------- ---------------------- --- ------------------ VIOLATION DATE: MAR 20 1992 VIOLATION: VEHICLE CODE: 3745 DESCRIPTIONt LEAVING SCENE OF ACCIDENT CONVICTION DATE: APR 13 1992 ACTION: ASSIGNED POINTS VIOLATION DATEt SEP 18 1994 VIOLATION: VEHICLE CODE: 1786F DESCRIPTION: FAIL TO PROVIDE FR-DLC CONVICTION DATE: OCT 06 1994 ACTION: SUSPENSION FOR 3 MONTH(S) EFFECTIVE NOV 30 1994 OFFICIAL NOTICE MAILED OCT 26 1994 VIOLATION DATEt SEP 18 1994 VIOLATION: VEHICLE CODE: 1501A DESCRIPTION: OPERATOR MUST BE LICENSED CONVICTION DATE: OCT 06 1994 ACTION: NO ACTION VIOLATION DATE: NOV 07 1994 VIOLATION: VEHICLE CODE: 1533 DEBCRIPTIONt FAILURE TO RESPOND ACTION: SUSPENSION EFFECTIVE DEC 05 1994 OFFICIAL NOTICE MAILED DEC 05 1994 *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - OCT 26 1999 - LICENSE NUMBER 23235992 CONTINUED VIOLATION DATE: OCT 15 1994 VIOLATION: VEHICLE CODE: 1533 DESCRIPTION: FAILURE TO RESPOND ACTION: SUSPENSION EFFECTIVE DEC 05 1994 OFFICIAL NOTICE MAILED DEC 05 1994 VIOLATION DATE: APR 22 1994 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: DEC 20 1994 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAR 20 1995 OFFICIAL NOTICE MAILED JAN 12 1995 VIOLATION DATE: DEC 27 1994 VIOLATION: VEHICLE CODE: 1533 DESCRIPTION: FAILURE TO RESPOND ACTION: SUSPENSION EFFECTIVE JAN 26 1995 OFFICIAL NOTICE MAILED JAN 26 1995 VIOLATION DATE: MAY 16 1995 VIOLATION: VEHICLE CODE: 1543 DESCRIPTION: DRIVING WHILE SUSP/REVOKE CONVICTION DATE: JUN 05 1995 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAR 20 1996 OFFICIAL NOTICE MAILED JUN 28 1995 VIOLATION DATE: OCT 15 1994 VIOLATION: VEHICLE CODE: 1501A DESCRIPTION: OPERATOR MUST BE LICENSED CONVICTION DATE: FEB 23 1995 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE MAR 20 1997 OFFICIAL NOTICE MAILED MAR 11 1996 ACTION: RESTORATION OF OPERATING PRIVILEGES SEP 20 1997 *** CONTINUED *** PAGE 4 CERTIFIED DRIVING HISTORY - OCT 26 1999 - LICENSE NUMBER 23235992 CONTINUED VIOLATION DATE: NOV 03 1997 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: JUN 01 1998 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE JUL 28 1998 OFFICIAL NOTICE MAILED AUG 10 1998 ACTION: RESTORATION OF OPERATING PRIVILEGES JUL 28 1999 VIOLATION DATE: JUL 27 1999 VIOLATION: VEHICLE CODE: 1501A DESCRIPTION: OPERATOR MUST BE LICENSED CONVICTION DATE: AUG 26 1999 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE OCT 28 1999 OFFICIAL NOTICE MAILED SEP 23 1999 ------------------------------------------------------------------------ REPORT OF 14EDICALS AND DEPARTMENTAL ACTIONS ------------------------------------------------------------------------ NO MEDICALS OR ACTIONS DURING THIS REPORTING PERIOD -------------------------------------------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** PAGE 5 CERTIFIED DRIVING HISTORY - OCT 26 1999 - LICENSE NUMBER 23235992 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, Q4"4-4% rl?;J? DIRECTOR, BUREAU OF DRIVER LICENSING SEAL FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SSt DATE:OCT 26 1999 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 LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, / w ;4 SECRETARY OF TRANSPORTATION SEAL Comftnwaa tt oq Rnn%wo.n?a. VU m. Rego- i 04 -ADNver ?;gw4lnq Y Brie S. NcFfman In-%e. CA?.tt o? Oommon fleas of Cumberland ?owtty??nsyl?nnin. MO. 99 - &4 5 Y Ciuil Term Supple mexy1 +o t iw. c? Aw-w [i] Appallo?t p an S. NcFinan is an adu.14 ?ndw?d?ua1 whom nurrc.n+lL? resides o:t lb tame, Kilm Rd , Cwnberlancd C u,n+8 , "" a - [.]Appe?kee, CommonwaaVV n o? nn?.j?vonto ,?en?syt?onia lapa,dme* o; "rran on,Buceou, 09 Wucr 1iun5i0g, Awis6n bx*io Qav,&y ?pe"WO40- ?gla3 is a S+ae &l Way. [3]Appe.1\o-k? was Cl+ed Vcr allegedly opw6n9 h?s tn?or v6iak ux44xxE o. \i9 SP- on Ahe day 6 July c22,1999. -r1e. OrMce had ?hade 4 Pilslao on {he. oAo. rion and wroie- i t for Ph-- a l f4 of July, and. _'?We,for 'ik did tmoose a Ses Sion oq my IiSe(m, -8uon vifim '//15/99 -._ i t? VERIFICATION I, glen NofFinan , state that I am the Appellant in the above-captioned case and that the facts set forth in the above Notice of Appeal arc true and correct to the best of my knowledge, information and belief. I realize that false statements herein arc subject to the penalties for unswom falsification to authorities under IS Pa. C.S. 4904. Dace: hq w ? I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States , Pennsylvania, through first calss certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of the Chief Counsel Yd Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: <yk =a N t- . x m '. s , . yd t` s w + f 1 .` lA-+t 4 r s ; L..? i J ? R :? try COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BRIAN S. HOFFMAN, Appellant NO. 99-6454 CIVIL TERM IN RE: APPEAL DENIED AND NOW, this 17th day of December, 1999, upon consideration of the Appellant's appeal from license suspension, and following a hearing at which it appeared that the appeal constituted a collateral challenge to a conviction for driving without a license, the appeal is denied. By the Court, I A Z -S? e? J. esley Oler, Jr., J,. George Kabusk, Esquire ' Office of Chief Counsel Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee 4" Anau /g-M-99 A AS Brian S. Hoffman 16 Lime Kiln Road Carlisle, PA 17013 Appellant, Pro se Sheriff :srs