The URL can be used to link to this page

Home My WebLink About01-4978VS. Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No,.O/- ?¢7~-'/ ~'I/~,'I PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE/_~'_'"'-~".'~.~.2-"~ ~--_-~"~-'~.~,'~'~"TST~",.~T,~;" 1. Appellant herein is )~'~')1~ Z, ~'~ "Ct~/"J r, residing at and having a m~Jling address of: /0~ F~,'flLT¢~/~ ~ ~ ~ 2. Appellee herein i~ the Department of Transportation of the Common~,ealth of Pennsylvania, having a mai lng address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Departmeat of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated ~O,~ ~/2~/, a copy of which is attached hereto as Exhibit A, the Department of Transportation ~ ordered Appellant to surrenderS/ her operating license / motor vehicle registration for a period of /~ [ denied the issuance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i!, Appellant is retaining driver's licen,,;e until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supe:sedeas can be issued. ~/' Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / regis,:ration is impn¢per or unlawful for the following reasons: ~/,~cI ~ ,rl,'~ 4,4 ,~ d~,~,~ I,~c,,r~ ~r ~p~. P~ Appellant respectfully requests that this matter be set down for a hearin~ and that the order of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- I verify that the statements made in this Petition are understand that false statements herein are made subject to Pa.C S.A. § 4904, relating to unsworn falsification to authorities. Date fF--23-o[ true and correct. I the penalties of 18 Appellant -3- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 20, 2001 KENNETH LEE KEITER JR 105 FAIRFIELD STREET APT 2 NEWVILLE PA 17241 WID ~ 011949283957881 001 PROCESSING DATE 07/13/2001 DRIVER LICENSE ~ 23256053 DATE OF BIRTH 09/27/1972 Dear MR. KEITER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Sectian 1545 of the Pennsylvania Vehicle Code. As a result of yeur 07/i2/20BI conviction of violating Section 1545A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 05/25/2001: Your driving privilege is SUSPENDED fop a pePiod of 1 YEAR(S) effective 08/2q/2001 at 12:01 a.m. 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 instnuctions veny caPefully. Even if you have sePved all the time on the suspension/Pevocation, we cannot PestoPe youP dPiving pPiviiege until all the PequiPements ape satisfied. COMPLYING WITH THIS SUSPENSION You must return ail current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/24/z001. You may surrender these items before, 08/24/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR ZDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of sg.o0. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not Peceive cPedit towaPd sePving until we Peceive youP license(s). Complete steps to acknowledge this suspension. any suspension the following COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maii Date: JULY 20, 2001 KENNETH LEE KEITER JR WID ~ 011949283957893 001 105 FAIRFIELD STREET PROCESSING DATE 07/13/2001 APT 2 DRIVER LICENSE ~ 23256053 NEWVILLE PA 17241 DATE OF BIRTH 09/27/1972 Dear MR. KEITER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 07/12/2001 conviction of violating Section 1571 of the Vehicle Code, VIOLS CONCERNING LICENSES, on 05/23/Z001: Your driving privilege is SUSPENDED fop a period of i5 DAY(S) effective 08/Z4/ZOOZ at iz:0i a.m. Instead of assigning points to your driver's license record, Section 15q~ of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. Therefore, PennDOT is assigning this additional 15 DAY(S) suspension to your current suspension. This suspension is in addition to any other suspensions already on your record. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your Possession on or before 08/24/200I. You may surrender these items before, 08/2~/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVERmS LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $9.00. You must present two (2) forms of Proper identification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order to obtain your photo identification card. APPELLANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : no. Oi- ~7~ COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this _70]day of~, 20 O__/, based upon Appellant's Appeal, a heating shall be held on~2q~ day of~j.,a./t~. 20d_L, in Courtroom ~ at ~'.?,0 o'clock _~_.m. at the Cumberland County Courthouse. Appellant VS, Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : File PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE/~ 1. Appellant herein is ,~AE~ Z, ,WrJr, residing at and having a m~.iling address of: /0~ ~'~,'rl~;CJ~ ~--/L, /4~/~, ~, 2. Appellee herein i~ the Department of Transportation of the Commonwealth of Pennsylvania, having a maiJng address of: __ Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. __ Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123, 3. By letter or notice dated /~).~/,"5'"¢' _2-3,200 /, a copy of which is attached hereto as Exhibit A, the De.aartment of Transportation _~ordered Appellant to surrender(~/ her operating license / motor vehicle registration for a period of ./~/f,~/' _ denied the issuance renewal of a driver's liCense. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i!, Appellant is retaining driver's license until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supe., sedeas can be issued. / Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis .ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / registration is improper or unlawful for the following reasons: Appellant respectfully requests that this matter be set down for a hearing and that the coder of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- I verify that the statements made in this Petition are under'stand that false statements herein are made subject to Pa.C S.A. § 4904, relating to unsworn falsification to authorities. true and correct. I the penalties of 18 Date Appellant -3- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 20, 2001 KENNETH LEE KEITER JR 105 FAIRFIELD STREET APT 2 NEWVILLE PA 17241 WID # 011949283957881 001 PROCESSING DATE 07/13/2001 DRIVER LICENSE # 23256053 DATE OF BIRTH 09/27/1972 Dear MR. KEITER: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1545 of the Pennsylvania Vehicle Code. As a result of your 07/12/2001 conviction of violating Section 1545A of the Vehicle Code DRIVING WHILE $USP/REVOKE on 05/23/2001: · Your driving privilege is SUSPENDED fop a Period of 1 YEAR(S) effective 08~24/2001 at 12:01 a.m, 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 inst,uctions veny carefully. Even if you have served al1 the tlme on the suspension/revocation, we cannot restore your driving privilege until all the requirements ape satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your POSSession on or before 08/2fi/2001. You may surrender these items before, 08/2472001, for earlier credit; however, you may not drive after these items are surrendered. YOU NAY NOT RETAZN YOUR DRZVER'S L~CENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of ~9.00. You must Present two (2) forms of Proper identification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order to obtain Your Photo identification card. You will not receive credit toward serving any suspension until we Peceive YouP license(s). Complete the following steps to acknowledge this suspension. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 20, 2001 KENNETH LEE KEITER JR 105 FAIRFIELD STREET APT 2 NEWVILLE PA 17241 WID ~ 011949283957893 001 PROCESSING DATE 07/13/2001 DRIVER LICENSE ~ 23256053 DATE OF BIRTH 09/27/1972 Dear MR. KEITER: This is an O~flcial Notice of the Suspension of Your Driving Privilege as authorized by Section 15~4 of the Pennsylvania Vehicle Code. As a result of your 07/12/2001 conviction of violating Section 1571 of the Vehicle Code, VIOLS CONCERNING LICENSES, on 05/23/2001: Your driving Privilege is SUSPENDED fop a Period of 15 DAY(S) effective 08/24/2002 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. Therefore, PennOOT is assigning this additional 15 DAY(S) suspemsion to your current suspension. This suspension is in addition to any other suspensions already on your record. ~OMPLYING WITH THIS SUSPENSION You must return all current Pennsyivania driver's Iicenses, learner's Permits, temporary driver's licenses (camera cards) in your POSSeSsion on or before 08/24/2001. You may surrender these items before, 08/24/2001, for earlier credit; however, You may not drive after these items are surrendered. YOU HAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of ~9.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your Photo identification card. KENNETH L. KEITER, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4978 C/VIL TERM LICENSE SUSPENSION ORDER AND NOW, this ; ~/' day of Ate~.4,--e ,2001, upon motion by the Department of Transportation, Bureau of Driver Licensing, the appeal in the above referenced matter is quashed as untimely filed. BY THE COURT: Attest: Kenneth L. Keiter, Jr., Pro Se, 105 Fairfield Street, Apt. 2, Newville, PA 17241 Terrance M. Edwards, Esq., PennDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516