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Isaac v. Commonwealth2/27/2004
The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Delaware County sustaining the statutory appeal filed by Candace Isaac (Licensee) from the one-year suspension of her operating privilege effective November 18, 1992. We vacate the trial court's order for lack of its jurisdiction to hear the appeal and reinstate the suspension.
On June 13, 2002, the Licensee filed a statutory appeal challenging the suspension of her operating privilege imposed by the Department for her conviction on August 28, 1992 of violating Section 3731 of the Vehicle Code, as amended, 75 Pa. C.S. §3731 (driving under the influence of alcohol or controlled substance) on October 11, 1991. At de novo hearings held before the trial court, the Department presented the certified driving records of the Licensee and the testimony of Darlene Savercool, the manager of the Bureau of Driver Licensing and the custodian of records, and the Licensee also testified. The following relevant facts presented at the hearings are undisputed.
In February 1991, the Licensee filed an application for a learner's permit and a driver's license under the name of "Candace Elaine Urso," listing 600 W. Schuylkill, Pottstown as her current address. When the Licensee subsequently passed a driver test, the Department issued her a driver's license with an operator license number, 23499214 (OLN 23). On August 7, 1992, the district justice sent the Department three DL-38 forms, requesting suspension of "Candace Urso's" operating privilege for failure to respond to the citations issued on June 1, 1992 for traffic violations and listing 1003 N. Charlett Street, Pottstown as her current address. The licensee had not notified the Department of her address change. Unaware that the individual named in the DL-38 forms was the Licensee, the Department assigned a non-driver OLN, 24065374 (OLN 24) and mailed a suspension notice to the Charlett Street address. Thereafter on August 24, 1992, the Licensee was cited for driving without a license in violation of Section 1501 of the Vehicle Code, as amended, 75 Pa. C.S. §1501. The citation identified the violator as "Candace E. Urso" and listed the Charlett Street address as her current address. Because the Vehicle Code does not impose a penalty for violating Section 1501, the Department did not take any action.
Subsequently on August 28, 1992, the Licensee was convicted of driving under the influence on October 11, 1991 in the Court of Common Pleas of Chester County. The certified report of conviction received by the Department contained the Licensee's OLN 23 and her Charlett Street address. By official notice dated October 14, 1992 and mailed to the Schuylkill Avenue address in its official record, the Department notified the Licensee that her operating privilege would be suspended for one year effective November 18, 1992 for her August 28, 1992 conviction. The suspension notice was later returned to the Department as undeliverable.
Thereafter, the Department received a DL-26 form which indicated, without listing an OLN, that "Candace Isaac Urso" of 735 Fisher Avenue, Pottstown refused to submit to chemical testing on April 17, 1993. By notice dated May 5, 1993 and mailed to the Charlett Street address, the Department informed the Licensee that her operating privilege under the non-driver OLN 24 would be suspended. On September 24, 1993, the Department was notified of another DUI conviction of Candace Elaine Urso of 735 Fisher Avenue with the OLN 24 on September 23, 1993. The Department mailed a one-year suspension notice to the Fisher Avenue address on October 15, 1993. On October 7,
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