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Home My WebLink About00-05468 _>ul"""",,,-"""_' JASON E. TONKOVIC, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 190 ~ 511 (p,/ W COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent DRIVER'S LICENSE SUSPENSION ORDER FOR HEARING AND NOW, this/~1/)daY of August, 2000, upon consideration of the Petition of Jason Tonkovic for review of an Order of the Department of Transportation suspending Petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending Petitioner's operating privilege should be set aside. Said suspension is stayed pending said hearing. fZ 'd A Yy 11 f Hearing on the above-captioned matter is set fors~ .J... ~ 2000 at /1/: '7.:J A .M. in Courtroom # 5 , Cumberland County Courthouse, Carlisle, Pennsylvania. The Prothonotary is directed forthwith to notify the Department of Transportation of the appeal and the hearing date. D1l.A4IIE. a/JdJ. / (lOpl'~ m~i Lt.cL --b: (),j~ ~ . /)0 d T~pcdl~"~ ~ /1"1 fco ~ . . 1 ~'" , ~> 'c ~, I i*_,,, -"'''. 'i """',~, ,- "M , , , ' ."-~ ~, ' ~ -'. ~-, ,,-" "'-i,, '"I' ED ~ -rjr"E r.L ~_~ -Ut-n,.l- OF T' ,to r "c,-- "" 'OT'N.RY 'I~,r' ""_',1 J':~'{ }hi ".--- '-, -'" "~.~. 00 AUG IL} IlJl 8: 59 CUMBERlj>N[) COUNTY PENNSYLVANIA "jjll~~~~~~~!ft1i~~~I~,ii!\'_~~';lT"'''1~rj[1~'''1'~'%'i~iijWmllifiW!~~~'ii11l_~!~If;ltf ",_lU]-:_~!nli1J _----'''"'I'~~>~"' 'o~~. -.. 'I......... . . JASON E. TONKOVIC, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ikJ - 5'1& P C-u;J -r ~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent DRIVER'S LICENSE SUSPENSION PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVIIEGE Petitioner, Jason Tonkovic, by Peter B. Foster, Esquire, respectfully petitions the Court pursuant to 75 Pa. Cons. State. Ann. ~ 1550 forreview of an order of the Department of Transportation suspending Petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner Jason Tonkovic is an adult individual residing at 1550 Williams Grove Road, Lot 110, Mechanicsburg, PA 17055. 2. Petitioner currently possesses a valid driver's license issued to him at license #24894685 which has not heretofore been suspended, canceled or revoked. 3. By letter dated July 26, 2000, Petitioner was notified in writing by the Department of Transportation of the entry of an order suspending his driver's license for the following reasons as set forth in the notice: Petitioner is suspended for his June 20, 2000 conviction of violating Section 13A16 of the Controlled, Substance, Drug, Device and Cosmetic Act on February 19,2000. A copy of the Notice is attached as Exhibit "A". :,~-'--- - ~ '''--- 4. The suspension is improper and unlawful for the following reason: Petitioner was not convicted of said crime. WHEREFORE, Petitioner respectfully requests that this Court set this matter down forthwith for a de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. 9 1550 and that the order of the Department of Transportation be set aside. Respectfully submitted, August 7, 2000 ~0.~ Peter B. Foster Attorney for Petitioner PINSKEY & FOSTER 121 South Street Harrisburg, PA 17101 (717) 234-9321 '^" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 26, 2000 JASON E TONKOVIC 7808 KIWANIS ROAD WID I 002017305285130 001 PROCESSING DATE 07/19/2000 DRIVER LICENSE I 24894685 DATE OF BIRTH OS/28/1979 HARRISBURG PA 17112 Dear MR,. I.llNKOVIC: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 06/20/2000 conviction of violating Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act, on 02/19/2000: . Your driving privilege is SUSPENDED for a period of 6 MONTHlS) effective 02/11/2901 at 12:01 a.m. 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 lcamera cards) in your possession on or before 08/11/2000. You may surrender these items before, 08/11/2000, for earlier credi t; however, yoU may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURF'QSJ;:S. H.ow~.~_YoU may .apply- for *,Q.-.(l.btain a photo identification card at any Driver License Center for a cost of 9.00. You must present two (2) forms of proper identification le.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 receive your licensels). 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 notarized 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 t~ "0 ~ "., 002017305285150 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 2. Upon receipt, review and acceptance of your Pennsylvania driver's licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive 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. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send yoU a letter asking that yOU provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if yoU do not own a vehicle registered in Pennsylvania. Important: 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 of this letter, JULY 26, 2000. If you file an appeal in the County court, the Court will give you a time-stamped certified copy of the appeal. Send this time-stamped certified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/11/2000. ,"_.~.. . ~ Ilt-_" VERIFICATION Jason Tonkovic hereby states that he is the petitioner in this action and that the statements of fact made in the foregoing Petition are true and correct to the best of his information, knowledge and belief The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. Cons. Stat. Ann. ~ 4904 relative to unsworn falsification to authorities. August 7, 2,000 ~ pfason Tonkovic ';ti;;'~'<j'- . """t~iin,~~~1->l~4I'.JtJt"",,~wlltilalifflj,&~fl!&l""'~drt'''' ' _ """" id' ~"O ~1i~._iilI~~l""-""''''';- n: ~ c~ "n t, 0 ~ c ~ ,Ci ~ ~ !p![; ~, : "'~I- r.:::: ..~ (;-, f;"lifJ ~ ~ f;) c.-, iJ5~,' , --om & ~ ;:$.<:: -.J --:-c)d ((! ;,::C' C) L C, ---i(j \~ ~o "-1- --'0 \ ::>.c ~",i ~ ;:;8 -')6 I\J 2- ! ~ ~ " Om ~ !:...-> :;:;! ~ ~ CJ'\ ~ , ~ \.J\ ~ 1 ~ , ~ , >,' ,- -'''0--''-' ,- ',"-"~' ~ "" , ,-c; "",- - "_-'''~1,,-,, ;-' ,- ~ JASON E. TONKOVIC, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA v. NO. 00-5468 Civil COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent DRIVER'SLICENSESUSPENSION APPEAL PRAECIPE TO WITHDRAW PETITION FOR REVIEW TO THE PROTHONOTARY: Please withdraw Petitioner's Petition for Review of Order of Department of Transportation Suspending Operating Privilege which was filed August 7, 2000. ~~~.~ Septernber28,2000 Peter B. Foster Attorney for Petitioner - "", ,'-'~''','~- " ,- ~,' --"~~-,.- ~>~^ ~, .. . -,,' '"- ~ c,-v.-- () 0 0 c: C) '>, g c,n -Ow rr1 .. ,~ rn T, .'0 -, .-~ Z:;c "" ':Z8 zc ~"?' CD __::\'~) c' -0 ~~ ~S~ <::: J>-, 3:: 2<' , -c s>c 'd c~< ,. ~ .~ ?D -<