HomeMy WebLinkAbout03-4055MATTHEW W. SWOMLEY,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LICENSE SUSPENSION
APPEAL
Nb'NC PRO TUNCAPPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE
AND NOW, comes the Appellant, Matthew W. Swomley, by and
through his attorneys, the Law Offices of Patrick F. Lauer, Jr.,
L.L.C. respectfully avers the following:
1. Appellant resides at 4 Franklintown Road, Dillsburg,
York County, Pennsylvania 17019.
2. Appellant was convicted of Driving Under the influence
on March 7, 2003.
3. The Appellant received an Official Notice of the
Suspension from the Pennsylvania Department of Motor Vehicles,
dated April 23, 2003, stating that as a result of his conviction,
his license would be suspended for a period of 1 year beginning
April 15, 2003 at 12:01 a.m. (See Exhibit UA" attached hereto).
4. In that same letter described above, Appellant was
required to install an ignition interlock system, or a second one-
year suspension would apply. (See Exhibit ~A" attached hereto).
5. In that same letter described above, Appellant was given
30 days from April 30, 2003 to appeal ~this action."
~A" attached hereto).
6. The Appellant submits that any delay in
(See Exhibit
filing this
appeal was caused by fraud
process, specifically, that
or a breakdown in the administrative
the phrase ~this action" is not clear
the
as to whether the appeal period includes the right to appeal
imposition of the ignition interlock system requirement.
7. The Appellant submits that he was sentenced to the
mandatory minimum sentence, and the trial court used its discretion
in NOT ordering the installation of an
(See Exhibit "Bp attached hereto).
8. Appellant submits that the
ignition interlock device.
Commonwealth Department of
authority to order the
first offenders of 75 Pa.
Transportation has no independent
installation of ignition interlock on
C.S.A. § 3731
9. Appellant additionally argues that ignition interlock
has been held unconstitutional in Cumberland County for violating
the equal protection clause of the Pennsylvania Constitution.
WHEREFORE, the Appellant respectfully requests this Honorable
Court to schedule an evidentiary hearing on the matter, or to
dismiss the unconstitutional and unauthorized ignition interlock
requirement by the Commonwealth Department of Transportation.
Date:
Respectfully submitted,
, Esquire
P~ick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
MATTHEW W. SWOMLEY,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COM}4ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
LICENSE SUSPENSION
APPEAL
VERIFICATION
I verify that the statements made in this NUNC PRO TUNC
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Dat e ?Y-/~'- c/~
MATTHEW W. SWOMLEY,
Appellant
Vo
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
:
NO.:
:
:
: LICENSE SUSPENSION
: APPEAL
:
ATTORNEY VERIFICATION
The undersigned, Patrick F. Lauer, Jr., Esquire, hereby
verifies and states that:
1. He is the attorney for the Appellant, MATTHEW W. SWOMLEY;
2. He is authorized to make this verification on his behalf;
3. The facts set forth in the foregoing Appeal are known to
him and not necessarily to his client;
4. The facts set forth in the foregoing Appeal are true and
correct to the best of his knowledge, information and belief;
5. He is aware that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Respectfully submitted,
Date:
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
MATTHEW W. SWOMLEY,
Appellant
COMMONWF2LLTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
LICENSE SUSPENSION
APPEAL
CERTIFICATE OF SERVICE
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 c~py of the
same in the United States Camp Hill, Pennsylvania, through first
class certified mail, prepaid and addressed as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
Respectfully submitted,
Date:
P~ ~F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: APRIL 30, 2003
MATTHEW W SWOMLEY
4 FRANKLINTOWN ROAD
DILLSBURG PA 17019
WID # 031136117974669 001
PROCESSING DATE 04/23/2003
DRIVER LICENSE ~ 23790789
DATE OF BIRTH 11/14/1975
LICENSE IN BUREAU
Dear MR. SWOMLEY:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1552B of the Pennsylvania
Vehicle Code, As a result of Your 05/07/2005 conviction of
violating Section 5751 of the Vehicle Code DRIVING UNDER
INFLUENCE on 10/08/2002:
Your driving privilege is SUSPENDED fop a period
YEAR(S) e~ecttve 0~/15/2005 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 ~1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM 1 year period
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
carefully. Even if you have served all the tlme on the
suspension/revocation, we cannot restoPe your
~lege until all the requirements are satisfied.
03115611797~669
PRISON RELEASE REQUIREMENT (ACT151)
The Court of CUMBERLAND CTY, Court Number 2533, Court Term
2002 has sentenced you to serve a prison term for this vi-
olation. Pursuant to Section 1541(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 is properly notified.
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:
1. Return the enclosed Application for Restoration. The
amount due is listed on the application.
2. Write your driver's license number (listed on the first
page) on the check or money order to ensure proper
credit.
$. 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 privilege
will remain suspended for an additional year. You will re-
ceive more information regarding this requirement approxi-
mately 30 days before your eligibility date.
PROVIDING PROOF OF INSURANCE
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 time. This letter will list acceptable
documents and what will be needed if you do not own a vehicle
registered in Pennsylvania.
Zmportant: Please make sure that PennDOT is notified if you
move from your current address. You may notify PennDOT of
your address change by calling any of the phone numbers
listed at the end of this letter.
0~113611797~649
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, APRIL 30, 2005, of this letter. Zf you flle an appeal
in the County CouPt, the Coupt w111 glve you a time-stamped
cePtlfied copy of the appeal. In order for your appeal to
be valid, You must send this time-stamPed certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 1710~-2516
Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON.
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORHATION 7:00 a.m. to 9:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE
OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE
WEB SITE ADDRESS www.dot.state.pa.us
1-800-228-0676
717-391-6191
COMMONWEALTH
V
MATTHEW W. SWOMLEY
OTN: L135527-0
IN RE:
: CHARGE:
: AFFI.h2xlT:
GUILTY PLEA
ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2533 CRIMINAL TER/~
DUI
PTL.
SHAUN FELTY
AND NOW, this 7th day of March, 2003, the defendant,
Matthew W. Swomley, having appeared in open court together with
private counsel, Matthew Eshelman, Esquire, and tendered a plea
of guilty to a count of Driving under the Influence, the
District Attorney being content to recommend the mandatory
minimum sentence, but all parties realizing that the defendant
has undergone a substantial period of inpatient treatment, his
plea of guilty is accepted and recorded, a DUI report is
directed, and the defendant is directed to appear for sentence
on Tuesday, April 15, 2003, at 1:30 p.m.
By the Court,
Jonathan Birbeck, Esquire
Assistant District Attorney
Matthew Eshelman, Esquire
For the Defendant
Probation
Hess, J.
:bg
MATTHEW W. SWOMLEY,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLV~_NIA DEP~_RTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LICENSE SUSPENSION
APPEAL
AND NOW, this o~5-~ day of ~~L
2003, upon consideration of this NUNC PRO TUNC APPEAL FROM
SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a
Hearing on the matter shall be held on ~'~
day of
~~ 2003, at q/3(JO'clock~.m, in Courtroom No.
of the Cumberland County Courthouse.
A supersedeas
1550 (b) (1
appeal.
is granted pursuant to Vehicle Code Section
until such time that this honorable court resolves this
BY THE COURT:
Distribution:
-PA Dept. of Transportation,
Riverfront Office Center,
Harrisburg, PA 17104
-Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, Pa
Office of Chief Counsel, Third Floor,
17011