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Home My WebLink About01-0609IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent NO. O/~ (z~9~ CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES ORDER AND NOW, this//./9'~/] day of/~/A,c/ff~j'(2001, upon consideration of Petitioner's appeal from suspension of vehicle registration privileges, a hearing is scheduled for /x) £c_,],/]],4/ffcEjl o~ ~ii 0/, at _q,'~O ,~.m., in Courtroom No. ~, Cumberland County Courthouse, Carlisle, Pennsylvania. Upon consideration of the petition for Allowance of Appeal, nunc pro tunc, from suspension of operator's license privileges, it is ordered that a Rule to Show Cause why the herein Petition should not be granted shall be issued on the Respondent, the Department of Transportation. Rule returnable It is hereby further ordered and decreed that the suspension of operating privileges and vehicle registration privileges of the Petitioner, Linda M. Bigler, scheduled to take effect on January 31,2001 and February 4, 2001, respectively, for alleged violation of Section 1786(d) of the Motor Vehicle Code, are hereby set aside and that her operator's license privilege and vehicle registration privilege shall remain in full force and effect until further order of this Court. Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES AND PETITION FOR ALLOWANCE OF APPEAL, NUNC PRO TUNC, FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES AND NOW, this 30th day of January, 2001, comes the Petitioner, Linda M. Bigler, by and through her attorney, G. Patrick O'Connor, Esquire, and presents the following appeal from the suspension of her vehicle registration privileges and further petitions this Honorable Court for Allowance, Nunc Pro Tunc, from suspension of her operator's license privileges: 1. The Petitioner, Linda M. Bigler, is an adult individual residing at 8 Sunset Drive, Mechanicsburg, PA 17055. 2. The Petitioner has been notified by the Department of Transportation that, effective January 31, 2001, her driver's license privilege will be suspended for a period of three (3) months as a result of an alleged violation of Section 1786(d) of the Vehicle Code, Required Financial Responsibility. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 3. The Petitioner has also been notified by the Department of Transportation that, effective February 4, 2001, her vehicle registration privilege will be suspended for a period of three (3) months as a result of the alleged violation of Section 1786(d) of the Vehicle Code, Required Financial Responsibility. A copy of said notice is attached as Exhibit "B" and incorporated herein by reference. 4, The Petitioner avers that Section 1786(d) of the Vehicle Code contemplates that the suspensions of the driver's license privileges and the vehicle registration periods be concurrent, and that the suspensions for staggered time periods represent a violation of Section 1786(d) by the Department of Transportation. 5. The Petitioner avers that the staggered time periods for the suspensions effectively extend the penalties for the Petitioner beyond three months because the Petitioner will be unable to drive her automobile for longer than three months. 6. The Petitioner avers that the suspensions represent an undue hardship and burden placed upon her by the Department of Transportation. 7. The Petitioner respectfully reserves the right to file additional and supplemental reasons in support of the instant Petition should additional facts or defenses be later discovered by counsel. 8. The Petitioner should be permitted to proceed with the appeal in regard to suspension of her operating privileges for the following reasons: The Department of Transportation failed to provide Petitioner with 30 days to appeal from date of mailing of the Notice of Suspension of her operator's privilege as required by law. The Department's letter to the Petitioner states that the mailing date was December 27, 2000, but the Notice was actually mailed at a date later than December 27, 2000. At approximately the same time that it sent the Notice of Suspension the Operator's Privilege, the Department sent a notice as to suspension of the Petitioner's vehicle registration, but containing a different date for appealing the vehicle registration suspension than for appealing the operator's license suspension, despite the fact that both suspensions resulted from the same alleged violation. The late mailing of the Notice of Suspension of the operator's privilege and the different dates for making an appeal for the two penalties resulted in confusion as to the date that both could be appealed. Due to the fraud and breakdown in the administrative system of justice, that is by the Department's late mailing of the Operator's License Suspension Notice and by sending a separate notice for Suspension of the Vehicle Registration with a different final date for appeal than that of the Operator's License suspension notice, the Petitioner was provided inadequate notice and, as a result, was unable to obtain the resources necessary to file a formal appeal by the deadline imposed by the Department in its Notice of There will be no prejudice to the Commonwealth by allowing this appeal which is filed only two business days after the deadline imposed by the Department. WHEREFORE, PURSUANT TO 75 P.S. Section 1550, the Petitioner respectfully requests that this Honorable Court to allow an appeal in regard to the suspension of the Petitioner's operator's license privileges and to set a hearing to resolve the appeal of both the suspensions of operator's privilege and vehicle registration privilege, and that it further order the immediate restoration of Petitioner's operator's license and vehicle registration privileges until further Order of this Court. Respectfully submitted, ~'~. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is tree and accurate to the best of my knowledge, information and belief. DATE: /.'~,/~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent NO. CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States first-class mail, postage prepaid, at Camp Hill, Pennsylvania: George H. Kabusk, Esquire Office of Chief Counsel Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 OATE: ~Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road CampHill, PA 17011 (717) 737-7760 Attorney for Petitioner COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DECEHBER 27, 2000 LINDA M BIGLER 8 SUNSET DRIVE MECHANICSBURG PA 17055 003559219178941 001 12/20/2000 21482429 02/25/1968 Dear Motorist: Your driving privilege /s scheduled to be suspended on 01/31/2001, because you failed to produce proof of f/nanc/al responsibility on your motor vehicle at the time of an acci- dent on 10/1~/2000. 1. Your driving privilege ~/1! be suspended for three months effect/ye 01/31/2001 at 12:01 A.M. as author/zed by Section 178&(d) of the Vehicle Code. Please see the enclosed appl/cat/on for restorat/on fee in- formation. 2. You will be requ/red to return any current driver"s li- cense or learner's permit and/or temporary drivers license (camera card) tn your possession. 3, You will be required to provide the Department w/th proof that all motor vehicles registered in your name are covered by a motor vehlcle liability insurance policy or by a prooram of self-Insurance approved by the Department. You wi1! not be permitted to operate a motor vehicle until you have been advised in wr/ting by this Bureau that your drtv/ng privilege has been reinstated. If you do not comply w/th this not/ce, this Bureau will refer this matter to the Pennsylvania State Police for pros- ecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 01/31/2001 12:01 A.M. EXHIBIT "A" 005559219178941 In order to comply with this sanction you are required to return any current driver's Aicense, learner's permit and/er temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot com- p~y with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Fa/lure to comply w/th this notice shal! result in this Bu- reau referring this matter to the Pennsylvania State Police for prosecution under SECT[ON 1571(a)(4) of the Vehicle Code. A/though the law mandates that your driving privilege is un- der suspension even if you do not surrender your license~ Credlt wi11 not begin until al/ current driverfs license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNONLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. APPEAL You have the right to appeal this act/on to the Court of Common Pleas (C/vii Division) within 30 days of the mail date, DECEMBER 27, 2000, of this letter. Z~ you file an peal tn the County Court, the Court wt11 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 certified copy of the appeal by certified mail Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 SincePely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing 005~592191789~1 .... SEND FEE/LICENSE/DL-16LC/TO~ Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrlsburg~ PA 17106-8695 INFORMATION (7:00 AM TO 9~00 PM) IN STATE 1-800-932o4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-591-6191 Pt) BOX 68674 liARR1SBUR(;. PA 17106-8674 OFFICIAL NOTICE MAIL DATE: 12/30100 Information (7:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of State 717-391-6190 TDD Pennsylvania 800-228-0676 TDD Out of State 717-391-6191 LINDA H BIGLER 8 SUNSET DRIVE MECHANICSBURG, PA 17~55, Dear Motorist: .............. · The Bureau of Motor Vehicles has bc~,n notified that )ro]~ were inv..M..v, ed ~:::~#:i~dent on 10/11/00. At the time of the accident you were unable to provide proof of financial respoustblhty:(ti~i~ecl, covering the operation of the following vehicle: MAKE: DODGE. BOI)Y TYPE: STATION WAGON, VIN: NO: 21MFP2537TRS08557, TITLE: 48990398, TAG NO: HDV405. .!i~::~i:iii~?~. :: As a result, the vehicle registration privilege will be suspended for three monthlies:rive 02104101 at 12:01 A.M. aa authorized by Section 1786 (D) of the Vehicle Code. This is a. final order of~ti~si0n..You may obtain reconsideration of this order hy submitt ng a letter from yonlmsurance com~iildentifymg that yon had insurance coverage on the date above. It is nece~ary for yon to provide original insurance docnments and return them with this notification. A self addressed label is enclo.~ed for your convenience. Plea.se note that original documents will not be returned. This is a final order of suspension and unk.'.,,n yon reeeive notice fron~ this Department that reconsideration was granted, you will be rcquirt, d to return your current registration plate, sticker and card. Additionally, credit toward serving Ibc suspension will not begin until Ihe registration platt, is received by the Bureau. You will be required to pay a restoration fcc in the ammm! of $.r'AL00, to the l)epartment in accordance with Section 1960 of the Vehicle Code. Plea~ sec thc cnclo'~cd apldieatinn for addi~[ionig restoration Ik, e information. We have enclosed a self-addresscd envelope for usc when c~ing and a mailing label to asalst with the return of your registration plate, sticker ami card. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty (30) days of the date of this ooficc. Sending a copy to this Department of a timely, filed appeal will stay the Department's action pending a final decision by the court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Og'FiCE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, IIARRISBURG, PA 17104-2516. By Order of Director Bureau of Motor Vehicles Department of Transportation 001223 00330 00359 9999 002155 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner COMMONWEALTH OF PENNSYLVANIA, Department of Transportation Respondent : NO 01-609 : CIVIL ACTION- LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES PRAECIPE TO WITHDRAW TO TH~ PROTHONOTARY: Please mark the APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES AND PETITION FOR ALLOWANCE OF APPEAL, NUNC PRO TUNC, FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES filed on January 30, 2001, in'the above-captioned action, as Withdrawn. Thank you for your consideration. Dated: March 23, 2001 I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner COMMONWEALTH OF PENNSYLVANIA, Department of Transportation Respondent : NO. 01-609 : CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein PRAECIPE TO WITHDRAW to the parties indicated below by depositing same in the United States first class mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S Front Street Harrisburg, PA 17104 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 DATE: March 23, 2001 I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-73%7760 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. BIGLER, Petitioner COMMONWEALTH OF PENNSYLVANIA, Department of Transportation Respondent : NO. 01-609 CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE & VEHICLE REGISTRATION PPdV!LEGES PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please mark the APPEAL FROM SUSPENSION OF VEH1CLE REGISTRATION PRIVILEGES AND PETITION FOR ALLOWANCE OF APPEAL, NUNC PRO TUNC, FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES filed on January 30, 2001, in the above-captioned action, as Withdrawn. Thank you for your consideration. Dated: March 23, 2001 I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717~737-7760 Attorney for Petitioner I N '1'11 I~ ('() I [RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ( ( ) \ I \ I( ) x~ \\ I ~\ I I 1 / OF PENNSYLVANIA, Rc~i~,mclent : NO. 01-609 : CIVIL ACTION - LAW : APPEAL FROM SUSPENSION : OF OPERATOR'S LICENSE & : VEHICLE REGISTRATION : PRIVILEGES CERTIFICATE OF SERVICE ! }~c~ c/,x ccrlil\ that I have, this day, served the herein PRAECIPE TO WITHDRAW tt, ih~. l)~'l~c~ ,:*dica~cd below by depositing same in the United States first class mail, postage i)lCp~lid ~lt C~llnl~ lhll Pennsylvania: I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 Attorney for Petitioner