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Home My WebLink About01-6610STEPHEN E. SEYMORE, : IN THE COURT OF COMMON pI.~AS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA v. dl- (ol6 COMMONWEALTH OF PENNSYLVANIA,: Appefl of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : ~PP~AL I~l~ LII~I?~Ng~ AND NOW ~mes ~ ~ St~ E. S~o~, by md ~ou~ ~ ~om~, Pa~ek F. ~, 3r., E~e, md r~y av~ ~e fo~o~: 1. ~pe~ ~d~ ~ ~8 ~ ~v~ M~~ ~ Co~, 17055. 2. ~e ~ll~ r~v~ a no~ d~ 0~o~ 31, 2~1, ~ ~ a r~t of~ m~on on ~y 16, 2~1 of P~lv~ V~de C~e S~on 3731, ~ ~ ~e in~ ~s ~g ~es w~e ~ ~d~ for a ~ of one ~, ~ve ~on ~e D~ 5, 2~1, at 12:01 a.m A ~e ~ ~ ~ of~e Nofi~ ~ ~ m E~ "A". 3. ~e ~llu~ ~ ~ ~ ~ Su~or Co~ on ~ 21, 2~1 ~d ~ ~ d~k~ at 13~ ~A2~l. 4. ~e ~t ~ts ~ ~e ~ n~ ~ a ~ ~fion offs ap~ ~ ~t wo~d ~ ~d~y pr~u~ ~e ~on w~e m ~ ~ ~ ~hiu ~e. 5. ~ ~ ~a,~d~ ~d~ to ~n~ ~ ~. ~O~, yo~ ~ r~ r~ yo~ Hono~le ~ to ~e ~d~fi~ ~g on ~e ~ md to r~ ~e ~~'s ~ to ~sp~ his op~g ~. ~~ ~ P~ F. ~, Jr., E~e 2108 ~ S~ ~ B~ ~30 T~. (7~763-~S~ STEPHEN E. SEYMORE, : IN THE COURT OF COMMON pI.~AS OF Appellsnt : CUMBERLAND COUNTY, PENNSYLVANIA : v. ( Co/b COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspen6on BUREAU OF DRIVER LICENSING, : ~ P~ck F. ~, Jr., E~e, ~~ ~ for ~ St~h~ E. h~y v~ ~d ~ ~t: 1. I ~ ~ ~Om~ for ~lln~, St~h~ E. S~ore; 2. I ~ ~o~ to ~e thi~ v~fon on ~ c~'s b~ 3. ~e ~s ~ fo~ ~ ~ for~o~ ~ ~ ~o~ to me ~ not n~ to ~ ch~ 4. ~e ~s ~ fo~ ~ ~e forego~ ~ ~ ~e ~d ~ to ~e ~ of ~ ~owl~ge, ~o~on ~d ~ ~d 5. I ~ a~e ~ ~ ~ h~ ~e ~e ~ to ~e p~ of 18 Pa. C.S. 4~, r~g to ~om ~l~ifi~fion to ~o~. 2108 ~ S~ ~ B~ C~p ~ P~n~lv~ 17011 ~7~ (71 763-1S STEPHEN E. SEYMORE, Vo · IN THE COURT OF COMMON pI.I~.AS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. dl- COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspe..6on BUREAU OF DRIVER LICENSING, : Date: [[/~l/ P [ Respectfully subnf~ed, 2108 Market Street, Aztec Building Camp I-1i11. Pennsylvania 17011-4706 IDg46430 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 31, 2001 STEPHEN E SEYMORE 908 ALLENVIEW DRIVE MECHANICSBURG PA 17055 WID # 012976117507150 001 PROCESSING DATE 10/24/2001 DRIVER LICENSE # 21684591 DATE OF BIRTH 09/20/1968 Dear MR. SEYNORE: ]his 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 05/16/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 0q/15/2000: · Your driving privilege is SUSPENDED fop a Period of 1 YEAR(S) effective 12/05/2001 at 12:01 a.m. *********************************************************** I WARNING: If you are convicted of driving while your I I license is suspended/revoked the penalties will be a J J MINIMUM of 90 days imprisonment AND a 1,000 fine AND I I your driving Privilege will be suspended/revoked for I I a MINIMUM 1 year period I 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 i~ You have served all the time on the suspension/revocation, ~e cannot ~esto~e yoMP dP~ving ~Piv- ~[ege until all the ~equ~Pements ape satisfied. ~OMPLYING WITH THIS SUSPENSIOM You must return all current Pennsylvania driver's licenses, learner,s permits, temporary driver's licenses (camera cards) in Your possession on or before 12/05/2001. You may surrender these items before, 12/05/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU NAY NOT RETAZN 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 012976117507150 of 9.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. PassPort, marriage certificate, etco) in order to obtain your photo identification card. You w~ll not Pece~ve cped~t toward sepv~ng any suspension untll we ,ecelve you~ license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner,s permits and/or camera cards to PennDOT. If You do not have any of these items, send a sworn nota- rized letter stating you are aware of the suspension of your driving Privilege. You must specify in your letter why you are unable to return Your driver's license. Remember: You may not retain your driver's license for identification PUrposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner,s permit(s), and/or a sworn notarized letter, PennDOT will Send you a receipt con- firming the date that Credit began, If you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter· If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PRISON RELEASE RE UIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number 002555, Court Term 2000 has sentenced you to serve a Prison term for this olation. Pursuant to Section 15~i(a.i) of the Vehicie Code, you wiiI not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your Prison term and you have compIied With the requirements listed in this letter· The Court must certify your com- pletion 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. 012976117507150 ~AYING THE RESTORATION FEF 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 credit. Proper Follow the payment and mailing instructions on the back of the application. ¸3. .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. ~ROVIDING PROOF OF INSURANCP 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 t/me. 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. 012976117507150 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 31, 2001, of this letter. Zf YOU flle an peal in the County CouPt, the CouPt w111 glve you a t/me- 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, RAverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 12/05/2001. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing .INFORMATION 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 717-591-6191 STEPHEN E. SEYMORE, ¥, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01- o 10 : CO~,IO]~WEALT~ OF PE2qNSYLYA_NL~: Apw.~I ofOl~o~ I_,i~.~ DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIV. ER LICENSING, : AND NOW this / ~" l~day o~2001, upon consideration ofthe within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at onthe,~'~'qdayof~2o&~, at ~ in Courtroom No. ~'~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pummm to Vehicle Code Section 1550(o)(1) until such time that this honorable court resolves this appeal. BYTHE~ J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, PA 17011 STEPHEN E. SEYMORE, Appellant IN THE COURT OF COMMON PI ,FAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6610 Civil COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee AND NOW comes the Appellant, Stephen E. Seymore, by and through his attorney, Patrick F. Lauer, ~r., Esquire, and respectfully avers the following: 1. The Defendant was convicted of ~7~ 1 (A)(1), drMng under the influence on May 16, 2001. 2. The Defendant was found not guilty of ~7~ 1 (AXd). Post-Trial Motions were filed and denied before the lrial court. 4. A direct appeal was fded before ~he Superior Court on A~gust 21, 2001. 5. Briefs have been filed by tho Commonwealth and the Defense, and Oral Axl~nents are in ~he process ofbein8 scheduled before the Superior Court. 6. On Octob~x ~ 1, 2001, the Appellant was notified by the Commonwealth of Pennsylvania, Department of Transportation that his license were being suspended for one year as a result of his convi~on of DUI. 7. The Defendant submits that the license suspension hea~ng is premature since the Defendant's conviction is being appealed before the Superior Court. 8. Defense counsel has spoken with Attorney George Kabusk of the Pennsylvania Dep~ent of Transportation and he has no objection to the continuance of the license suspension appeal hearing scheduled for Friday, ~anuary 2~, 2002 at 8:~0 a.m. before the Honorable ~udge Edward Guido until the case is deposed of by the Superior Court. WHRREFORE, defense counsel hereby respectfully requests that this hearing be reseheduled/eontinued for a later date ~er the Superior Court resolves these issues. Date: 2108 Market Street, Aztec Building Camp I-rill, Pennsylvania 170114706 ID~46430 Tel. (717) 763-1800 STEPHEN E. SEYMORE, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6610 Civil COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : Appellee : ATTC~RNI~V VE, RIWI~A TI~NI I, Pa~ck F. ~er, Jr., E~o, ~ ~ for ~pe~ Step~ E. S~ore, h~eby v~ ~d ~es ~t: 1. I ~ ~e a~om~ for ~p~, St~hen E. S~ore; 2. I ~ au~o~ to ~e ~ v~fion on my c~'s be~ 3. ~ f~s ~ fo~ h ~e foregohg ~p~ ~e ~o~ to me ~d not n~y to my c~t; 4. ~e ~s ~ fo~ ~ ~e forego~ ~p~ ~e ~e ~d ~ ~ ~ ~ of my ~owl~ge, ~o~fion ~ b~e~ ~d 5. I ~ aw~e ~t f~ ~t~ts h~ ~e ~e mbj~ to ~e p~es of 18 pa. C.S. 4~, r~g to ~wom f~fion to ~ofifies. P~ck F. ~, Jr., E~e 2108 ~k~ S~, ~ B~ Crop ~ P~lv~a 170114706 ~ ~30 T~. (717) 76~-1800 Date: STEPHEN E. SEYMORE, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6610Civil COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators Lieens~ DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : Appellee : I'~"~,RTI~I'~A'I~. ~1~ ~l~.RVff'~I I h~by ~ ~t I ~ ~s ~y ~ a ~py of ~e fo~go~ ~P~I.t.~'S ~Q~ST FOR CO~CE u~n op~ ~ by d~osi~g a ~py of ~e ~e ~ ~e U~t~ S~es ~ C~p ~ P~lv~ ~ou~ ~ cl~s ~ ~, r~ r~ r~u~ po~ p~d ~d M~es~ ~ fo~ows: P~lm D~t of T~pomfion ~ of C~ffCo~ ~d ~oor, ~v~ont ~ C~t~ ~g PA 171~ Respec~eully submitted, Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp I-rill, Pennsylvania 170114706 II~46430 Tel. (717) 763-1800 STEPHEN E. SEYMORE, Appellant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6610 Civil COMMONWEALTH OF PI~NSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : App~ : AND NOW, this .~X~4y of ~ltl~/~lff~/t 2002, upon consideration of Appellant's r~luest for a continuance, it is h~reby Orde~d that this ~ b~ continued until ~ 2002 at ~:.~dO/l~r. in Courtroom ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. · ~l~stribution: -PA Dept. of Transportation, O~ee of Chief Counsd, Third Floor, Harrisburg, PA 17104 - Geoc- -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp I-rdl, PA 17011 Riverfront Office Center, ~NVA"I.&SNKL.-qcl ~3r.J~4L~-O] STEPHEN E. SEYMORE, : Appellant : : V. : : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6610 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 3rd day of May, 2002, at the request of Appellant, and without objection by the Commonwealth, this matter is continued to Monday, September, 23, 2002, at 8:30 a.m. ~eorge Kabusk, Esquire Attorney for Appellee By the /Patrick F. Lauer, Jr., Esquire Attorney for Appellant Edward E. Guido, J. · srs STEPHEN E. SEYMORE, App¢llar~t : IN THE COURT OF COMMON H.~AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6610 COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : Appellee : TO THE PROTHONOTARY: Kindly withdraw the license appeal in the above captioned case. Appellant's license appeal is moot. The Parties agree that ]j/atrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp I-fill, Pennsylvania 170114706 II~ 46430 Tel. (717) 763-1800 Disiaibution: -PA Dept. of Transportation, Ot~ce of Chief Counsel, Attn: George H. Kabusk, Esq., Third Floor, Riverffont Office Center, Harrisburg PA 17104 -Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp I-tall, PA 17011 -Stephen E. Seymore, PO Box 575, Mechanicsburgo PA 17055 -Judge Edward Guido, Ounberland County Courthouse, One Courthouse Sqt~_a_re, Carlisle, PA 17013