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Home My WebLink About00-08136 .NQJi k (} 2fJ(~ ROBERT CLARK COOVER, JR., Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00 -J'/3b C/O ~ L ~'fVJ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee ORDER AndNow,this d1/lJ.-i dayof 11fi'-vnJJ.l/l/ ,2000, upon consideration of the within License Suspension Appeal, it is hereby ordered and decreed that a hearing be held on O'iiJ tL'~. ' ,/ q. {I,m d the 0 day of ,IU "-?AI tI /1;1 , 200", at ; t1V o'clock in Courtroom T Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court, -~^ ? .~ f ~J itL / / J. t~ IJ;JJ I/-J..J.-()Q RX~ G:\B&B\CLIENTS\334\Cooyer\Coover,ord ROBERT CLARK COOVER, JR., Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 00 - ?J/3C d'u ~l "--r'i/LVYj COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee License Susnension Anneal AND NOW, this 16th day of November, 2000, comes the Appellant, Robert Clark Coover, Jr., by his attorneys, Balaban And Balaban, who respectfully represent: I. Your Petitioner is an adult individual residing at 353 North 26th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Your Petitioner is a licensed automobile operator in the Commonwealth of Pennsylvania who has received a notification of a license suspension as a result of an alleged violation of 18 Pa. C.S. s6308(a) (a copy of said notice of suspension is incorporated herein, made a part hereof and marked as Exhibit "A"). 3. Said license suspension is unauthorized, improper and illegal under the law for reasons which include, but are not limited to: a. Your Petitioner is not guilty of violating 18 Pa. C.S. 9 6308(a) and an appeal is currently pending for said violation before the Cumberland County Court of Common Pleas; Case Number 2000-02315; Citation No. P0489694-2. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the suspension outlined in Exhibit A. Respectfully submitted, Micha V. Brown, Esquire Pa. I.D. #79984 Balaban And Balaban Governors' Row 27 North Front Street P.O. Box 1284 Harrisburg, PAl 71 08-1204 717-234-3282 Attorney for Appellant Dated: November 16, 2000 G:\B&B\CLIENTS\334\Coover\coover.app 2 Verification I, Michael V. Brown, Esquire, do hereby state that subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing and attached LICENSE SUSPENSION APPEAL are true and correct to the best of my knowledge, information and belief; that I am authorized to make this verification; and that Appellant is currently outside the jurisdiction of the court and the verification of same cannot be obtained within the time allowed for filing the attached Appeal. DATED: November 16, 2000 ~~ lchael . Brown ------- G:\B&B\CLIENTS\334\Coover\VERIFYI.DOC COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 OCTOBER 18, 2000 CAMP HILL PA 17011 00285bl140b0422 001 10/11/2000 25177292 03/31/1980 ROBERT CLARK COOVER JR 353 N 2bTH STREET Dear MR. COOVER: As a result of Your violation on 05/14/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1532D of the vehicle code. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply 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 privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SENO YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREOIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 11/22/2000, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. 002856114060422 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (OCTOBER 18, 2000) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, ~~,~ " \1 Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 CERTIFICATE OF SERVICE AND NOW, this 16th day of November 2000, I, Michael V. Brown, Esquire, hereby certifY that a true and correct copy of the foregoing License Suspension Appeal was served this day upon the following party via Certified U.S. Mail, Return Receipt Requested, Article No. 709932200007 99755132: pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 171 04 ~ , ichael . Brown, Esquire ROBERT CLARK COOVER, JR., Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-8136 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee Praecipe to Withdraw License Susnension Al'peal AND NOW, this 22nd day of January 2001, comes the Appellant, Robert Clark Coover, Jr., by his attorneys, Balaban And Balaban, having received notice of the recission and deletion of his license suspension from the Appellee, respectfully requests the Prothonotary to mark his Appeal Withdrawn. Respectfully submitted, ~~~ Pa. I.D. #79984 Balaban And Balaban Governors' Row 27 North Front Street P.O. Box 1284 Harrisburg, P A 17108-1204 717-234-3282 Attorney for Appellant Dated: January 22,2001 G:\B&B\CLIENTS\334\Coover\withdraw CERTIFICATE OF SERVICE I, Michael V. Brown, Esquire, hereby certifY that a true and correct copy of the attached Praecipe to Withdraw License Suspension Appeal was today served on the following individuals via First Class U.S. Mail, postage prepaid: George H. Kabusk, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division Riverfront Office Center - 3,d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: January 22, 2001 ~ Michael . Brown G,\B&B\CLlENTS\334\Coovcrlcert3 svc ROBERT CLARK COOVER, JR., Appellant v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-8136 ORDER AND NOW, this :l.:}~ay of January 2001, upon Praecipe of the Appellant, the Appeal of the above-captioned matter is marked Withdrawn and hearing scheduled for February 8, 2001 Discontinued. G:\B&B\CLlENTS\334\Coover\ordcrJ ~-};;. .> . .1.2 ~ Prothonotary