The URL can be used to link to this page

Home My WebLink About01-6605IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RODERICK KECK, Appellant v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING No: o I - t~ (~ o ~' Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNmON INTERLOCK REOUIREMENTS Appellant, Rod Keck, by and through his Attorneys, THE LAW OFFICES OF PAUL BRADFORD ORR, G-rego~y L. Cutler, Esquire, respectfully avers as follows: 1. Appellant herein is Rod Keck, residing at and having a mailing address of.' Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17013. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address ot Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania, 17123. 3. By letter or notice dated October 24, 2001, a copy of which is attached hereto as Exhibit "A," the Department of Transportation suspended Appellant's operating privileges as a result of his conviction for DUI and sua sp0nte imposed ignition interlock requirements. 4. Imposition of ignition interlock requirements is unlawful in that it was done by PennDOT without legal authority and in the absence of imposition of those requirements by this Court. 5. The Act 63 of 2000 is unconstitutional in that it violates the Appellant's equal protection rights under the Pennsylvania and United States Constitutions. Page 1 of 2 6. Act 63 of 2000 is unconstitutional in that it violates the Appellant's Due Process rights under the Pennsylvania and United States Constitutions. 7. Act 63 of 2000 is unconstitutional in that it violates the Separation of Powers doctrine. 8. Act 63 of 2000 is unconstitutional in that it contains more than one subject. WltEREFORE, Appellant respectfully requests that the imposition of ignition interlock requirements imposed on Appellant by PennDOT be set aside. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR G~gor~ L. Cutler, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 Page 2 of 2 VERIFICATION I verify that the statements made in the foregoing Petition 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. DATE: ////~//O 1 Roderick Keck, Petitioner RODERICK KECK, ' Appellant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT OF : TRANSPORTATION, BUREAU OF : DRIVER LICENSING No: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, November 26, 2001, I mailed a true copy of Petition for Appeal fi.om Imposition of Ignition Interlock Requirements to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 ~e~ryL. Cutl , q ' 01290611~$56780 COURT ORDER TREATMENT PROGRAM (ACT 122) Pursuant to Section 15qB(d) of the Vehicle Code, the Court of CURBERLAND CTY , Court Number 00957, 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. 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 revoked for an additional year. You will receive more information regarding this requirement approximately 50 days before your eligibility date. PROVIDING PROOF OF INSURANCE Nithin 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. ZmpoPtant: 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 30 days of the mail date, OCTOBER 2q, 2001, of this letter. Zf you flle an ap- peal in the County CouPt, the CouPt wlll glve you a time- stamped certified copy 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 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF REVOCATZON. EXHIBIT RODERICK KECK, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONV~EALTH OF PENNSYLVANIA': PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF : DRIVER LICENSING CIVIL ACTION - LAW No: 0 ~ - 6 t, 0 5' Civil Term ORDER OF COURT Appeal, a hearing shall be held on the ~__~day of ~ 200~, at _~__~) o'clock ja~ M in Courtroom Number ~ Cumberland County Courthouse, Carlisle, Pennsylvania. Appellant PennDOT RODERICK KECK, Appellant V. COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT OF : TRANSPORTATION, BUREAU OF : DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No: 01-6605 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : COUNTY OF CUMBERLAND ) AND NOW, this 27th day of December, 2001, I, Gregory L. Cutler, Esquire, attorney for Roderick Keck, Appellant, in the above-captioned action, hereby swear that I have served a true copy of the Petition for Appeal from Imposition of Ignition Interlock Requirements, executed by the Appellant in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Defendant on December 7, 2001, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Dated: /ogh 7/C:,? LAW OFFICES OF PAUL BRADFORD ORR Greg~ L. C~utler, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 73471 item 4 if Restricted Deliver/is desired, · Print your name and address on the reveres ~o that we can return the card to you, · Attach this card to the back of the mailpiece, or on the fl'ont If space pemmits. 1. Nticle Addressed to: [] Agent [] Addressee []Yes [] No ~;~ Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. A~ticle Number (Copy from sewice label) -./bOlq S'2~)0 oo 11 ooq? PS Form 3811, July 1999 EXHIBIT "A" RODERICK KECK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING CIVIL ACTION - LAW No: 01-6605 Civil Term MOTION TO CONTINUE 1. On November 26, 2001, the Appellant filed his Petition for Appeal from Imposition of Ignition Interlock Requirements. 2. On December 18, 2001, this Court set a hearing date for January 25, 2002. 3. This Court ruled in Commonwealth v. Mockaitis, 01-1692, Criminal Term that Act 63 of 2000 does not meet Constitutional requirements. 4. The issues in this case are the same as the issues raised in Mockaitis, Id. Therefore, the doctrine of res judicata applies. 5. This Court's decision in Mockaitis, Id. Is currently being reviewed by the Supreme Court. The Supreme Court's decision will, in all probability, determine the outcome of this case. 6. Judicial efficiency will be furthered continuing the ease until a decision is made by the Supreme Court. 7. George Kabusk, Esquire, attorney for the Department of Transportation, does not oppose a continuance. Page 1 of 2 WltEREFORE, the appellant requests a continuance to a time and date suitable to all parties. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 Page 2 of 2 RODERICK KECK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA: PENNSYLVANIA DEPARTMENT OF : TRANSPORTATION, BUREAU OF : DRIVER LICENSING No: 01-6605 Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, January 3, 2002, I mailed a tree copy of Appellant's Motion to Continue to the following person at the following address by U.S. Mail, delivered to addressee only: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Cutler, Esquire RODERICK KECK, 1N THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA: pENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING No: 01-6605 Civil Term ORDER OF COURT AND NOW, this I//~ '~ day of~ _O~~, 2002, upon consideration of 1.... I .~. ~ .~, ..... i i the Appell~t's Motion to Continue, it is ~ .....) D~ m~ ~ nrmmg m m~ ~ day vt ,2;32, at -- BY THE COURT: Edward E. Guido, J.