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Home My WebLink About03-4436TIMOTHY A. KEPTNER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Respondent : CIVIL DIVISION (DRIVER LICENSE SUSPENSION) APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE AND NOW, comes the Petitioner, Timothy A. Keptner, Jr., an individual, by his attomeys, McNees Wallace & Nudck LLC, and pursuant to 75 Pa.C.S. {}1550, files this appeal from the Order of Suspension of his ddving privilege and avers the following in support thereof: 1. Petitioner is Timothy A. Keptner, Jr. ("Keptner"), an individual, with a residence address of 1 Foxfleld Court, Mechanicsburg, PA 17050. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing ("PennDOT"), with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2516. 3. By notice dated August 25, 2003, Keptnerwas notified that his Pennsylvania driving privilege was being suspended as the result of a conviction which occurred on August 14, 2003. A true and correct copy of the notice is attached hereto as Exhibit "A". 4. The notice states that Keptner's Pennsylvania driving privilege will be suspended for six (6) months as a result of a conviction for 75 Pa. C.S. § 3367 (relating to racing on highways). 5. 6. The suspension is to be effective September 29, 2003. Keptner has appealed the underlying conviction and anticipates a headng in October, 2003. 7. Keptner will be prejudiced if the suspension is effectuated pdor to his cdminal case being heard by the York County Court of Common Pleas. 8. The filing of this appeal operates as an automatic supersedeas of Keptner's driving privilege; therefore, PennDOT must restore Keptner's driving privilege pending appeal. WHEREFORE, Petitioner, Timothy A. Keptner, Jr., requests that this matter be scheduled for headng pursuant to 75 Pa.C.S. §1550, but not for 90 days. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: September ,2003 Lawrence R. Wieder, Esquire Attomey I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Petitioner Timothy A. Keptner, Jr. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 25, 2003 TIMOTHY A KEPTNER JR I FOXFIELD CT MECHANICSBURG PA 17050 WID # 032309283787523 001 PROCESSING DATE 08/18/2003 DRIVER LICENSE e 27048929 DATE OF BIRTH 02/26/1985 Dear MR. KEPTNER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 08/lq/2005 conviction of violating Section 3367 of the Vehicle Code RACING ON HIGH- WAYS on 05/12/2003: Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 09/29/2005 at 12:O1 a.m. 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 time on the suspension/revocation, Ne cannot restore your driving PriV- ilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses Ccamera cards) in your possession on or before 09/29/2003. You may surrender these items before, 09/29/2003, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAXN YOUR DRZVER"S LZCENSE FOR ]DENTZF~CATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of ~10.00. You must present two (2) forms of proper iden- tification (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 servlng any until Ne receive your license(s). Complete the steps to acknowledge this suspension. suspension following 032509285787523 PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we will send you a letter ask/ng 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 Pennsylvaniao /mpo~tant: 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, AUGUST 25, 2005, of this letter. If you file an appeal in the County Cou~t, the Court w111 glve you a time-stamped cePttfled 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: Pennsylvenia Department of Transportation Office of Chief Counse! Third F/oor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCZAL NO?ZCE OF SUSPENSZON. You must return al! current Pennsylvania driver license products to PennDOT by 09/29/2005. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-I6LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Narrisburg~ PA I7106-8695 INFORMATION (7=00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-952-4600 717-591-6190 1-800-228-0676 717-591-6191 CERTIFICATE OF SERVICE AND NOW, this"~?~dayof September, 2003, I hereby certify that I have served a true and correct copy of the within document, via certified United States mail, retum receipt requested and postage prepaid as follows: PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street - 3"d Floor Harrisburg, PA 17104-2516 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire Attomey I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Petitioner Timothy A. Keptner, Jr. SEP 1 1 003¥ TIMOTHY A. KEPTNER, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL DIVISION (DRIVER LICENSE SUSPENSION) tda ORDER AND NOW, this y of__~,~_f_.~__.~, 2003 upon consideration of the Appeal of Timothy A. Keptner, Jr., from the suspend' !n of his Pennsylvania driving privilege, a de novo hearing is scheduled for the c~7 day of ~, 2003, at__o'clock_.m, in Court Room No. *-~ of the Cumberland County Courthouse. All proceedings to stay in the meanwhile. BY THE COURT: TIMOTHY A. KEPTNER, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4436 Civil Term CIVIL DIVISION (DRIVER LICENSE SUSPENSION) PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw the appeal of Petitioner Timothy A. Keptner, Jr. in the above captioned matter. Date: December ~2¢~, 2003 Respectfully submitted, McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire Attorney I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Petitioner Timothy A. Keptner, Jr. CERTIFICATE OF SERVICE AND NOW, on this¢,~ day of December, 2003, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: George Kabusk Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17101-1900 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Petitioner Timothy A. Keptner, Jr.