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Home My WebLink About02-4538SCOTT J. FARNER, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Scott J. Farner, by and through his attorney, Karl E. Rominger, Esquire, of Rominger & Bayley Law Offices, respectfully avers the following: 1. Appellant resides at 16 Opossum Hill Road, Aspers, PA 17304. 2. Appellant received Notices dated September 16, 2002, stating that as a result of his two (2) violations, of 75 Pa. C.S. 3731, his driving privilege was being suspended for a period of five years, with the effective suspension date of August 27, 2003, and one year, with the effective suspension date, August 27, 2002, at 12:01 a.m. Copies are attached hereto as Exhibit "A". 3. The Appellant submits he has not had three (3) major violations as alleged in the letter. 4. Said suspension violates his rights of duc process and equal protection under the Federal and Pennsylvania Constitutions, and is not permissible by Statute. 5. Said suspension violates the double jeopardy clause of the Federal Constitution and the Pennsylvania Constitution. 6. It is believed that PennDot has double counted one episode. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Date: September 20, 2002 Respectfully submitted, ICm-~. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant SCOTT J. FARNER, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE 1, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Appeal from Suspension of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as lbllows: George Kabusk, Esquire PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Karl E. Rominger, Esquire Attorney for Defendant Dated: September 20, 2002 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 16, 2002 SCOTT J FARMER 16 OPOSSUM HILL RD ASPERS PA 17304 WID ~ 022526114616200 001 PROCESSING DATE 09/09/2002 DRIVER LICENSE ~ 24256147 DATE OF BIRTH 06/08/1977 LICENSE IN BUREAU Dear MR. FARNER: This is an Off~clal Not/ce of the Revocation of your Driving Privilege as authorized by Section 15q2D of the Pennsylvania Vehicle Code. As a result of your OG/Oq/2002 conviction of violating Section $731 of the Vehicle Code, DRIVING UNDER INFLUENCE, on 01/i1/2002: You have been designated as a habitual offender because this is your third major violation within a five year period. Your driving privilege is REVOKED fop a peP/od of 5 YEAR(S) effective 08/27/2003 at 12:01 a.m. WARNING: If you are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a ~1,000 fine AND Your driving privilege will be suspended/revoked for a MINIMUM 1 Year period This revocation is in addition to any other suspensions al- ready on your record. PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number OOqgl, Court Term 2002 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 15ql(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete Your Prison term. The Court must certify Your completion to PennDOT. You may wish to contact your probation officer and/or the Court after Your reiease to make sure that PennDOT is properly notified. EXHIBIT "A" 0225~6114616200 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 compiy with this requirement, your driving privilege will remain revoked for an additionai year. You will receive more information .regarding this requirement approximately 30 days before your eligibility date. PROVIDING PROOF OF INSURANCE 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 time. This letter will list acceptable documents and what will be needed if YOU do not own a vehicle registered in Pennsylvania. Zmportant: 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, SEPTEMBER 16, 2002, of this letter. If YOU file an appeal in the County Court, the Court will give 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 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF REVOCATZON. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing 0'2252611~616200 INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6i90 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maii Date: SEPTEMBER i6, 2002 SCOTT J FARNER 16 OPOSSUM HILL RD ASPERS PA 17304 WID # 022526112295848 001 PROCESSING DATE 09/09/2002 DRIVER LICENSE # 24256147 DATE OF BIRTH 06/08/1977 LICENSE IN BUREAU Dear MR. FARNER: This is an Off/cial Notice of the Suspens/on of your Driving Privilege as authorized by Section I552B of the Pennsylvania Vehicle Code. As a result of your OG/Oq/2002 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 0q/21/2001: Your driving privilege is SUSPENDED fop a peP/od of 1 YEAR(S) effective 08/27/2002 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for PAYING THE RES- TORATION FEE and PROVIDING PROOF OF INSURANCE. YOU should follow ALL ins/puc/ions vepy carefully. Even if you have served all the t/me on the suspension/revocation, we cannot restore your drlvtng privilege un/t[ al1 the requirements are satisfied. PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number lq38, Court Term 2001 has sentenced you to serve a prison term for this clarion. Pursuant to Section 15q1(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion 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. PAYING THE RESTORATION FEF You must pay a restoration fee to PennDOT to be re~tored from a suspension/revocation of your driving privilege. To Pay Your restoration fee, complete the following steps: 022526112295848 1. Return the enciosed 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 Proper credit. 3. Foiiow the Payment and maiiing instructions on the back of the appiication. PROVIDING PROOF OF INSURANCF Within the iast 30 days of Your suspension/revocation, we wiii send you a ietter asking that You Provide proof of surance at that time. This ietter will iist acceptable documents and what wiii be needed if you do not own a vehicle registered in Pennsyivania. 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, SEPTEMBER 16, 2002, of this letter. Z~ you file an appeal in the County Coupt, the Coupt will give 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, Riverfront Office Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON, Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing 0225261122958~8 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg~ PA 17106-8695 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PN) 1-800-932-q600 717-391-6190 1-800-228-0676 717-391-619! SCOTT J. FARNER, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. o 7- LICENSE SUSPENSION APPEAL ORDER OF COURT fl°day of ~ 2002, upon consideration of this AND NOW, this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a hearing on the matter shall be held on the [ 5 ~%ay of ~ff~C~ ~/, _,-frs O ~ , at ~j ~ ~ o'clock /~m. in Courtroom No. ~ of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the C~ Je Distribution: PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Karl E. Rominger, ROMINGER & BAYLEY LAW OFFICE, 155 South Hanover Street, Carlisle, PA 17013 Karl E. Rominger, Esquire ~ /~q~:_l~.d- /~ ~3~ o ~ SCOTT J. FARNER, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : No. : LICENSE SUSPENSION APPEAL .- .. .. _. _. .. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the action in the above captioned case. Date: December 13, 2002 Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant