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Home My WebLink About01-6157 Appellant VS, Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. (~/-/~/:~' 7 Z~ PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION 1. Appellant herein is J~_~ (__ ~_~~) residing at and having a m~dling~_,.~L,D~.~~addro. ~_.~"~ ~"~ ~1'~'~,~ ~~' 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, ~aving a maiJng address of: ~ Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Department of Transportation, Bureau of Motor Vehicles, H~rrisburg, Pennsylvania 17123. 3. By letter or notice dated ~~'~(acopyofwhichisattached hereto as Exhibit A, the De:~artment of Transportation ~ ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of / ~ ~ ~ __ denied the issuance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(I)(ii, Appellant is retaining driver's license until final determination of the suspension of operating privilege. /~ Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the App6,1ant must be held before the Court of Common Pleas before an order of supe:sedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / regiszration is impr~ per or unlawful for the following reason~,~ Appellant respectfully requests that this matter be set down for a hearing and that the c,'der of suspension / order of denial be set aside. Respectfully submitted by, '~2~"e~ L ~~ Appellant -2- I verify that the statements made in this Petition are true and correct. I undestand that false statements herein are made subject to the penalties of 18 Pa.C $.A. § 4904, relating to unsworn fals~,,~tion to,, au,thorities. pella nt~'~'~ -3- CONNONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: SEPTEMBER 27, 2001 JEFFREY LYNN STINE 355 STROHM RD SHIPPENSBURG PA 17257 WID t 012636102154417 001 PROCESSING DATE 09/20/2001 DRIVER LICENSE t 20655551 DATE OF BIRTH 10/19/1964 LICENSE IN BUREAU Dear MR. STINE: This is an OfftciaZ Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your Oq/2q/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 12/16/2000= ~' · Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 09/04/2001 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a i,O00 fine AND your driving privilege .ii1 be suspended/revoked for a MINIMUM I year ~:p~r~od , Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YOU should follow ALL instructions very carefu[lY. Even if you have served all the tlme on the suspension/revocation, Ne cannot restore your driving pr/v- ilege untiZ all the requirements are satisfied. 01265610215~17 PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 279, Court Term 2001 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 15~1(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT, You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT i= preperly notified. COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant to Section 1548(d) of the Vehicle Code, the Court of CUMBERLAND CTY , Court Number 279, Court Term 2001 has ordered you to attend a treatment program for alcohol or drug addiction, As a result of the court order, this suspension/revocation shall remain in effect until the De- partment is notified bY the above Court that you have suc- cessfully completed treatment and you are otherwise eligible for restoration of your driving privilege. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1o Return the enclosed Application for Restoration, The amount due is listed on the application, 2. Hrite your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 5. Follow the payment and mailing instructions on the back of the application. IGNITION INTERLOCK Before your driving privilege can be restored you are re- Quired by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving p~ivilege will remain suspended for an additional year. You will re- ceive more information regarding this requirement approxi- mately 50 days before your eligibility date. 01245~102154~17 PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Impontant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address cha~n~e bY calling, any of the phn~re numbers listed at thc end of this l~tter. ~- APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail dote, SEPTEHBER 27, 200I, of this letter. %f you file an appeal tn the County Count, the Count will g~ve you a ti=e- sta=ped cent~fled oozy of 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 Office of Chief Counsel Third Floor~ Riverfront Office Center Harrisburg, PA 1710~-2516 Remember, this is an OFFICZAL NOT,CE OF SUSPENSZON. ? Sj~cerelY, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORHATIOH 7=00 a.m. to 9=00 p,m. IN STATE 1-800-952-4600 TDD IN STATE OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE NEE SITE ADDRESS www,dot.state.pa.us 1-800-228-0676 717-591-6191 JEFFREY L. STINE, Plaintiff Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6157 CIVIL TERM ORDER OF COURT AND NOW, this 5~ day of November, 2001, upon consideration of Plaintiff's Petition for Appeal from a License Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration, a hearing is scheduled for Thursday, February 14, 2001, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PLAINTIFF IS hereby directed to file a supplement to the Petition within 20 days of this order specifying in what way the suspension is "unconstitutional." BY THE COURT, Jeffrey L. Stine, Esq. 355 Strohm Road Shippensburg, PA 17257 Plaintiff, Pro Se JJe;ley oler,J~) J. JEFFREY L. STINE, : Plaintiff/Petitioner : COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW OF TP~ANSPORTATION, : Defendant/Respondent : No. 01-6157 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of February, 2002, upon consideration of the Plaintiff's Petition for Appeal from a License Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration, and following a hearing at which the Respondent presented evidence in support of its action dated September 27, 2001, and at which the Petitioner failed to appear notwithstanding that the Court had delayed commencement of the hearing for more than half an hour to facilitate his appearance, and it appearing that the Petitioner has failed to comply with the Order of Court dated November 5, 2001, directing him to supplement his petition by specifying in what way the action of the Department was ,,unconstitutional," the Petitioner's appeal is the action of the Respondent, Commonwealth of Department of Transportation, dated September affirmed. ~Jeffrey L. Stine, Pro Se 355 Strohm Road Shippensburg, PA 17257 Plaintiff /-George Kabusk, Esquire For the Defendant O ;Z-19 ~9 ~L." By the Court, /W~ ley 01 ~_~ Jr .~