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Home My WebLink About03-5481JAMES L. SNOOK, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent iN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this~ay of October, 2003, comes James L. Snook, by and through his attorney, David E. Hershey, Esquire and Wiley, Lenox, Colgan & Marzzacco, P.C., who make the following averments in support of this Petition to file License Suspension Appeal, Nunc Pro Tunc: 1. Petitioner, James L. Snook, is a Dauphin County resident with a residence address of 508 Lopax Road, Harrisburg, PA 17112. 2. The Department of Transportation Bureau of Ddver Licensing has a mailing address of 1101 South Front Street, Harrisburg, PA 17104. 3. Petitioner was sentenced by the Honorable Tim Searer in the Mifflin County Court of Common Pleas on February 25, 2003 for a second offense of ddving under the influence, Section 3731 of the Vehicle Code. See copy of sentencing Order marked as Exhibit "A", attached hereto and incorporated herein by reference. 4. The sentence is docketed at criminal action no. 330 of 2002 in the Mifflin County Court of Common Pleas. 5. The sentence imposed by Judge Searer did not indicate that Mr. Snook had an ignition interlock requirement as part of his sentencing. 6. The Department of Transportation has imposed, as an alleged restoration requirement, an ignition interlock requirement effective April 5, 2004. See Restoration Requirements letter dated April 9, 2003 at page 2, marked as Exhibit "B" attached hereto and incorporated herein by reference. Petitioner is currently serving his one (1) year suspension for his DUI conviction. 8. Our Commonwealth court has held that the imposition of an ignition interlock requirement as part of the motorist's restoration requirement is a legal nullity when the sentencing judge did not order ignition interlock as part of the motorist's original sentence. 9, Our Commonwealth Court has further held that the Courts of Common Pleas have jurisdiction over this issue and that the appeal is not required to be filed within thirty (30) days of the initial notice from the Department. 10. Based upon the above, the Petitioner requests this Honorable Court to issue a Rule to Show Cause as to why Petitioner should not be permitted to file a license suspension appeal pertaining solely to the legality of the ignition interlock requirement. WHEREFORE, Petitioner prays that your Honorable Court issue a Rule to Show Cause as to why Petitioner should not be granted leave of court to file a license suspension appeal, nunc pro tunc, relative to the Department's imposition of an ignition interlock requirement. Respe~~.~ By: DAVIB~c'~H ERSHEY, ESQUIRE THE WILEY GROUP 130 W. Church Street, Suite 100 Dillsburg, Pennsylvania 17019 I.D. #: 43092 10'/02/2003 13:18 FAX 71'I 700 64611 COURT ADMINISTRATORS 0FC ~]002 NON-JURY ASSlGNMIgNT lt.gQUEST Plaintiff(s): The Court of Common Pleas Dauphin County? Pennsylvania To be filed with the Court Admtubttator's Office Defendant(s): 'DOCKET # Estimated Hearing/Conference ~qme: Day(s)~/-z_~-Iours SPECIFIC MATTER TO BE ASSIGNED - Check Only One Category Appeal ' .~-Zonlng Appe~ -Arguments and Conferences Mlne~ ~.~ubme~t L.~ ~taeu~ CoflferenGe Nami(s) a.d Judge(s) of related case(s) ' ' Affomey For Plaim~ ~endam ~er NAME~, ADDRESSES, E.MAILs & TELERHONE NUMBERS OF ALL COUNSEL INVOLVED (use ba'ck of form for additional names and addresses): ,:. , For the Plainti~a): Telephone Ne. Telephone No. For the Defendantis): ~. JAMES L. SNOOK, Petitioner VS, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO: 2003 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Shawna L. Varner, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage pro-paid at Dillsburg, Pennsylvania, on the 15th day of October, 2003. Beverly Points, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 JAMES L. SNOOK, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PEN NSYLVANIA NO: 2003 LICENSE SUSPENSION APPEAL VERIFICATION I, DAVID E. HERSHEY, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. DAVID E. HERSHEY, ESQUIRE SEP-~-2003 0~; 23 P~OTHV 7172~&~75 P. 01~1 IN THE COURg" OF COMMON PL~A~ OF MIFFLIN COUN39f. PENNSYLVANIA coMMONwEALTH VS JAMES LEONARD SNOOK 247 No~h College Street Palmyra PA 17078 Criminal Action No. 330 of 2002 Charge Is): Driving Under the Influence (2"= Offense) AND NOW, this 25TM day of February, 2003. the Defendant having entered a plea of guilb/to the charge of Driving Under the Influence, a second offense; end the Court having adequate basis on whlah to enter ~entence; the Court enters the following: The Defendant shall pay the costa of prosecution, shell make restitution If any be due, ~Jlall pay a llne ef $500.00 (FIVE. HUNDRED DOLLARS), and shall undergo imp~.sonment In Ihs Lebanon County Prison for a period of not lees than thil~ (30) days nor more then twelve (12) monti~a. This Senten,~e shall be served in the ~ebanoll county Prison. The Defendant shall be eligible for house arrest/electronic monitoring el(er serving seven (7) days incarceration, and shall be eligible for work release prNilegas. The Defendant shall refrain from the USe of any alcoholic beverages during the term of supswision or parole. The Defendant shall pay $10~.00 (ONE HUNDRED DOLLARS) to the Catastrophic Loss Fund. shall pay $10.00 (TEN DOLLAR,9) to the Emergency Medical 8sNics Fund, and shall pay $100.00 (ONE HUNDRED DOLLARS) to the Mifflin County Dllig/Alcollol Counseling Fund. The Oefendant shall attend and successfully corn;slate Lebanon County Safe Driving School Subsequent Offenders Program and shall pay the costs thereof. The Defendant shall pay $25.00 (TWENTY-FIVE DOLLARS) per month supervision fee to the County of Lebanon duMng any pelto¢l of parole, The Defendant shell undergo treatment as required under Aot 12.2, The Defendan! shall undergo counaellng which is deemed appropriate b~ the Lebanon County Office of Probation and Parole, and shall pay the costs thereof. The Defendant shall enter into a payment contract with the County of Mifflin for the payment of all fines, costs, end reetituuon, The Department of Transportation shall suspend the Defendant's drMng privilege for the appropriate period of PRESIDENT JUDGE Defendant Prebatfon Vicks Piont~k, Esquire SDS Dlsfl'Jct Attorney ~ P/Drake Mifflin County Correctional Facili~ k/~. e6ed ~kg:tk CO-B-des !(¥0) £N3RI~3W H£99~ OQH :X8 ~ues Sent By: HDQ 166TH REGZMENT (CA); 717 861 8401; Sap-2-03 11:02; Page 3/5 COM~ONWF~ALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ]~J~RRI SBUKG, PA 171~3 04/09/03 JAM~S L SNOOK 508 LOPAX RD HA~-~I SBURG PA 17112 DRIVER'S LICENSE NUMBER: 21081898 BIRTH DATE: 1~/01/65 ELIGIBILITY DATE: 04/05/04 Dear MR. SNOOK : This is a RESTORATION REQUIR~I~8 LETTER. It lists what you must do to restore your driving privilege. PLEASB BE AWAtt~ THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. YOu will be notified by the Departme/%t of Transportation (Pe~%nDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your drivin~ privilege restored, provided no other violations are processed against your driving record. Thia date is effective regardlese of any other dates listed within this letter. Pleaee read the following in£or~ation carefully and be sure to complete all recluirements to have your ~rivin~ privilege restored. Unless another address is indicated, return any documents and/or fees to the NAILING ADDRESS lis~ed at the end of this letter. ~STORATION FEE -You must pay a $~5.00 restoration fee to PENNDOT. Write your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order ehould be made payable to PENNDOT. PROOF OF INSURANCE -Within 30 days of your ELIGIBILITY DATE, provide a copy of one of the followin~ to PENNDOT to ~how that all motor vehicles currently regiatered in Pennsylvania in your name are insured: *insurance ID card *Declaration page of your insurance policy *Insursnce Binder *An application of insurance to the PA AUtO Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed ~tatement o~ this fact to PFA~NDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania,. Please include your name, address, driver,s license number and date of birth on the statement. EXHIBIT I Sent By: HD(~ 166TH REGIMENT (CA); LICENSE NO. '- 21081895 717 861 8401; Sep-2-03 11:03; Page 5/5 COURT ORDERED TREATMENT PROGRAM (ACT 122) -You must successfully complete the treatment program for alcohol or drug a~lction ordere~ by the Court of MIFFLIN COLH~TY, Court Number 330, Court Term 2002. The Court must certify to PENNDOT that you complete~ the treatment program. PENNDOT recommends that you CONTACT YOUR PROBATION OFFICER and/or the Court to e~sure that ~ENNDOT is properly notified. TER)X ~U~PENSION/REVOCATION -YOU have a I YEAR(S) ~uspension/Tevocat~on that began (or will beg~n) on 02/25/03. Credit ~or ~erving th~s ~us~ension/revoca t~on began (or will begin) on 04/05/03 and will end on 04/0~/04. The su~De~si0n/revocatlon resulte~ from a v~olation on 05/28/02 of Sect~0n 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK YOU are required to have an approved Ignition Interlock System installed in all of your vehicle(s). ApDroximatel~ 30 days b~fore your ~LIGIBILITY DATE, you ~ho~l~ con,act one Of the following approve~ vendors liste~ below to make arrangements to have ~he ~ystem installed, -Interlock InStallation Services - 1-800-452-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving ~aster~ PA) 1-866-342-4984 -Ame~ican Court Services (serving central/Western PA) 1-888-565-6227 -Pennsylvania Interlock - 1-866-718-8606 -Draeger Interlock, Inc. - 1-800-332-6858 YOU will need to provide the vendor the followin~ court information before the System can be in,tailed. COUNTY COURT NUMBER COURT TERM MIFFLIN COUNTY 330 2002 Please retain a copy of this letter to assist you in this Drocesm. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for a~ additional year. Sent By: HDQ 166TH REGTMENT (CA); LICP.~E NO. : 21081898 717 861 8401; Sep-2-03 11:03; Page 4/5 3 This letter identified the requ~re~ent~ necessary to re~or~ your driving privilege and we are loo~ng forward to working with you this. Unle~ another a~dres~ wa~ indlcate~ return any documents and/or ~ees to the MAILIN~ ADDRES~ li~te~ below. Phone n~mber~ are for your use. To ensure 9romar ¢~sto~er service, Dlease w~it~ your dr±verbs license number, listed at the begir~ing of thi~ letter, on all documents you ~en~ to ~ENNDOT. Thar~k you. P.S. REMeMBEr, your ELIGIBILITY DAT~ is 04/05/04. PENNDOT ~ureau of Driver P.O. ~ox 6869~ Harrisburg, ~A 17106-869~ INPORMATION (7=.~0 AM to 9:00 PM) IN ~TATE 1-800-952-4600 OUT-OF-STAT~ 717-~91-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391~619~ JAMES L. SNOOK, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~).~!L day of October, 2003, upon consideration of Petitioner's request for a Rule to Show Cause, relative to the above-captioned matter, said request is hereby GRANTED. A Rule is hereby issued upon the Department of Transportation as to why Petitioner should not be granted leave to file a license suspension appeal, nunc pro tunc, pertaining solely to the legality of the ignition interlock requirement. Said Rule is returnable within _.~days after service. BY THE COURT: ~^~ JAMES L. SNOOK VS. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 0~- 5481 CIVIL LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW TO THEPROTHONOTARY: Please withdraw the Appeal filed in the above-captioned matter on behalf of the Petitioner, James L. Snook, as the Appeal has been filed in the wrong venue. Respectfully Submitted, b~. Hershey, Esq. 130 W. Church Street; Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 JAMES L. SNOOK VS. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 0~- 5481 CIVIL LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE On the 31ST day of October, 2002, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by First Class Mail, address as follows: Beverly Points, Esquire PA Dept. Of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Respectfully submitted, WILEY, LENOX, COLGAN & MAR77ACCO, P.C. bycl:TaviQ I=. Hersl~ey,, Esq. 130 W. Church Street; Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Mary Jane Snyder Re~l Estate Deputy Solicitor County of Dauphin Dauphin County HanSsburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwiek Sheriff : RINGLEY ROBIN R : MINNICK LEE E Sheriff,s Return I. Daniel Basile Chief Deputy Michael W. Rinehart No. 5481-T - -2004 OTHER COUNTY NO. 04-879 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MINNICK LEE E the DEFENDANT named in the within REINSTATED SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOW~D, August 27, 2004 NBA-PER RESIDENT (DEFENDANTS BROTHER'S GIRLFRIEND) DEFENDANT MOVED TO NC - NOINFO ON DEFENDANT PROVIDED BY RESIDENT ~ '%. . ~ . Sworn and subscribed to before me this 27TH day of AUGUST, NOTARIAL SEAL MARY lANE SNYDER, Notary Public Highspire, Dauphin County My Corranission Expires Sept 1, 2006 2004 Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:S45.75 PD 07/21/2004 RCPT NO 197009 DISSINGER [ DISSINGER (;amp Hill Offices: 717.97f2840/voice · 717.975.3924/fax Marysville Offices: 717.957.3474/voice · 717.957.2316/fax July 7, 2004 To the Dauphin County Sheriff's Office: Please se~;e the enclosed Writ of Summons and Praecipe to Reinstate on the Defendant, Lee E. Minnick, at 301 North Progress Avenue, Harrisburg, Pennsylvania. Enclosed is a check for your requested fee of $45.75. If you have any questions, please feel free to call me at (717) 975-2840. klk Enc. 2 cc: Robin Ringley File: 2-02-138 K~aren L. Konei~sber~ ~ / Attorney at Law / Attorneys at Law 28 North ~ainy-Second Street · Camp Hill, PA 17011 400 South State Road · Marysville, PA 17053