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Home My WebLink About03-4864RONALD R. SWEGER, JR. Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 CIVIL DIVISION (DRIVER LICENSE SUSPENSION) APPEAL FROM IMPOSITION OF IGNITION INTERLOCK SYSTEM REQUIREMENT AND NOW, comes the Petitioner, Ronald R. Sw~ger, Jr., an individual, and pursuant to 75 Pa.C.S. §1550, files this appeal from the Order of Suspension of his ddving privilege, specifically the requirement to install the Ignition Interlock System, and avers the following in support thereof: 1. Petitioner is Ronald R. Sweger, Jr. ("Sweger"), an individual, with a residence address of 604 Wertzville Road, Enola, PA 17025. 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 14, 2003, Sweger was notified that his Pennsylvania driving privilege was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A". 4. The Order stated that Sweger's Pennsylvania ddving privilege was being suspended for one (1) year as a result of a conviction for 75 Pa. C.S. § 3731 (relating to driving under the influence of alcohol), and that to restore his license after serving the suspension, he would be required to have an Ignition Interlock System installed in all vehicles owned by him. 5. The suspension was effective July 22, 2003. 6. Sweger is not challenging the validity of the suspension imposed. Rather, Sweger is challenging the requirement that he install the Ignition Interlock System in all vehicles owned by him in order to restore his operating privilege after serving the one year suspension. WHEREFORE, Petitioner, Ronald R. Sweger, Jr., requests that this matterbe scheduled for hearing pursuant to 75 Pa.C.S. §1550. Respectfully submitted, Date: September 12, 2003 CONMONNEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 14, 2003 RONALD R SWEGER JR 604 WERTZVILLE RD ENOLA PA 17025 WID # 032196170468350 001 PROCESSING DATE 08/07/2003 DRIVER LICENSE e 18080666 DATE OF BIRTH 12/16/1957 LICENSE IN BUREAU Dear MR. SWEGER: This is an OfflclaZ Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 0q/22/2003 conviction of ¥iolating Section 373! of the Vehicle Code DRIVING UNDER INFLUENCE on ~/02/2002: Your driving privilege is SUSPENDED for a aerlod of ! YEAR(S) effective 07/22/Z003 at 12:01 a.m. NARNING= If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a 91,000 fine AND your driving privilege will be suspended/revoked for Before PennDOT can restore your driving privilege, you must. follow the instructions in this letter for COMPLYING NITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YOU should fo~o~ ALL ~nstruct~ona very carefully. Even If you have served all the time on the suspens~on/revccat$on, ~e cannot restore your dr~vtng priv- ilege unt~Z a~! the requirements are aatSefSed. 03219&170q&8350 PRISON RELEASE REQUZRENENT (ACT151) The Court of CUNBERLAND CTY, Court Number 00170, Court Term 2005 has sentenced you to serve a prison term for this olaf/on. Pursuant to Section 15ql(a.1) of the Vehicle Code, you wi1! not race/va credit for this susPension/revocation or any addit/onal suspension/revocation unt/1 you complete your pr/son term. The Court must certify your comp/orion to PennOOT. You may w/sh to contact your probat/on officer and/or the Court after your release to make sure that PennDOT is prepe'rl~ notified. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving pr/vilege. To Pay Your restoration fee, complete the follow/ng steps: Return the enclosed Appl/cation for Restorat/on. The amount due is listed on the appl/cat/on. 2. Hr/re your dr/verbs 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 pr/v/lege can be restored you are re- quired by law t'o have all vehicle(s) owned by you to be equ/pped w/th an Ign/t/on Interlock SYstem. Th/s is a result of your conviction for Dr/v/ag Under the Influence. If You fail to compl~.~/~._~his~_requ~r~t~opr_~dr~_y_Lng Pc/v~lege w/il remain suspended for an add/t/anal year. You w/ll re- ceive more /nformat/on regarding this requ/rement approxi- mately $0 days before your el/gib/1/ty date. PROVIDING PROOF OF INSURANCE N/th/n the last }0 days of your susPension/revocation, we wil! send you a letter ask/ng that you prey/de proof of in- surance at that t/me. Th/s letter ~ill list acceptable documents and what will be needed /f you do not own a veh/cle reg/stered in PennsYlvan/a. ImPortant: P/ease make sure that PennDOT /s not/lied ~f 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 th/s letter. 0~2196170~68~50 APPEAL You have the right to aopeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, AUGUST lq, 2003, of this letter. Z~ yo~ ~lZe an apDeaZ tn the County Court, the Court w111 give you a time-stamped certt~led copy of the appeal. In order for your appeal to be valid, you must send th/s time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation 0ffi~ of ~hief Counsel ' - Third FZoor, Riverfront 0ffice Center Harrisburg, PA 1710~-251& Remeaber, this is an OFF/CZAL NOTICE OF SUSPENSION. Sincerely, Rebecca L. Bickley, Directar Bureau of Driver Licensing INFORNATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-93Z-q&O0 TDD IN STATE OUT-OF-STATE 717-391-&190 TDD OUT-OF-STATE NEB SITE ADDRESS www.dot.state.pa.us 1-800-228-067& 717-391-6191 CERTIFICATE OF SERVICE AND NOW, this ,/'3 day of September, 2003, I hereby certify that i have served a true and correct copy of the within document, via certified United States mail, return receipt requested and postage prepaid as follows: PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street - 34 Floor Harrisburg, PA 17104-2516 Ronald R. S-w-eger~., ,Frd Se Ronald R. Sweger Jr. Commonwealth ofPennslyvania: Department of Transportation : Bureau of Transportation : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION TO LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa. R.C.P. No. 240, I hereby certify that I am without financial resources to pay the cost associated with the Appeal against Penn Dot's action of the Ignition Interlock System be put into my Vehicles, and of my petition, I have attached to it a certification of indengey and incorporate knowledge my overall financial condition at the presem time. WHEREFORE, the undersigned ask leave of court to proceed in forma pauper[s, without the need to pay any cost in connection with the instant action against Commonwealth of Pennsylvania, Department of Transportation. Respectfully submitted, Petitioner, Pro Se ~ / R,$ Ronald weger Jr. - V. : Commonwealt~ of Pennsylvania Department of Transportationf CIL~5 ERLAND COUNTY PENNsY~ VANIA ' CErTIFICATE OF I~I~ 1. I am the (plaintiff) (defendant) in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including. my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: Social Security N, mBer: (b) ~plo~ent If you are presently ~loy~, state ~ployer: ~/~ Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last e~ployment: (c) Salary or wages per month: ,. ~-_ ,.-.~ .' Other income within the past twelve months Business or profession: Other self-employment: Interests: Dividends: Pensions and annuities: Social Security benefits: Support payments: Disability payments: , Unemployment compensation and supplemental benefits: Workman's compensa,ion: ~/~/~/~.~_/z/~ Public Assistance: Food Stamps per month (average) Other: (d) Other contributions to your household support (Wife) (Husband) Name: If your (wife) (husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: '- Checking account: ~,0~ Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Cost $ Stocks; bonds: Make ~~-# Year ,/~ ~.~63 Amount Owed $ ~ Rent: Loans: Clo ing: Electricity: Gas: Telep.one: Tra~at ion: ~on-fo~ hou~old (g) P~ons deponent u~n you for suppo~ (Wife) (~band) N~e: . Children, if ~y: Other persons: Name: Relationship: 4. I understand that'I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are being made subject to the penalties of 18 Pa. relating to unsworn falsification to authorities. C.S. §4904, 0 s 2003 Ronald R. Sweger Jr. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLYVANIA V. : ~ommonwealth ofPenns]yvania: Department of Transportation : Bureau of Transportation, : ORDER GRANTING LEAVE TO PROCEED IN FORMA PAL}PERIS AND NOW, this t~ day of ~.003, upon presentation and consideration of the within petition and attached Certification, we grant the relief prayed for, and grant Petitioner leave to proceed with this case in forma pauperis, without the need to pay any costs connected therewith, all of which is pursuant to R.C.P. No. 240. ,J. SEP RONALD R. SWEGER, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 CIVIL DIVISION (DRIVER LICENSE SUSPENSION) ORDER AND NOW, this _L~ ayof.~, 2003 upon consideration of the Appeal Ronald R. Sweger, Jr., from the suspension of his Pennsylvania ddving privilege, specifically the requirement that he install the Ignition Interlock System on all vehicles owned by him to restore his operating privilege, a .de novo hearing is scheduled for the ~)Z~day of ~,, a :l 'cock m 2003, __ ? . in Court Room No. ,:~ of the Cumberland County Courthouse. 09 RONALD R. SWEGER, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, , Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4864 CIVIL DIVISION (DRIVER LICENSE SUSPENSION) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Barbara A. Darkes, Esquire, of McNees, Wallace & Nurick, LLC, in the above-captioned action, on behalf of Petitioner, Ronald R. Sweger, Jr. McNEES WALLA~& '"'Barb~ A. Dark I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 r[C K, LLC Attorneys for Petitioner, Ronald R. Sweger, Jr. Dated: November 6,2003 CERTIFICATE OF SERVICE AND NOW, this 6th day of November, 2003, I hereby certify that I have served a true and correct copy of the within document, via certified United States mail, return receipt requested and postage prepaid, as follows: PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2516 RONALD R. SWEGER, JR., PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-4864 LICENSE SUSPENSION APPEAL ORDER "7 AND NOW, this e~ day of~ ,2003, the appeal filed in the above referenced matter is DENIED in part and RE~MANDED in part. The petitioner's appeal is DENIED regarding the one year suspension imposed under 75 Pa. C.S. 1532(b) as a consequence of the petitioner's conviction on April 22, 2003, for a violation of 75 Pa. C.S. § 373 l(a) on November 2, 2002. The petitioner's appeal is REMANDED to the Department and the Department shall CORRECT THE RECORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COMPLY WITH THE REQUIREMENTS OF THE IGNITION INTERLOCK LAW, 42 Pa. C.S. §§ 7001-7003, that the Department imposed without a court order as a condition to thc restoration of the petitioner's driving privilege as a result of the petitioner's violation of Seefion 3731 of the Vehicle Code, violation date November 2, 2002. The Department represents that the petitioner is due credit for the one year suspension fi.om July 28, 2003, to September 25, 2003. BY '~ COURT DISTR/BUTION:. ~1~~ George H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 soudFront Street, J' Harrisburg, PA 17104-2516 Barbara A. Darkes, Esquire, 100 Pine Street, P.O. Box I 166, Harrisburg, Pennsylvania 17108 //-,~. o~