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HomeMy WebLinkAbout07-5766KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopee-kopelaw.com Attorney for Appellant STEPHEN E. SEYMORE : IN THE COURT OF COMMON PLEAS Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 6 7- S? -- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF : CIVIL ACTION - LAW TRANSPORTATION, BUREAU OF DRIVERS LICENSING Appellee PETITION FOR APPEAL FROM A SUSPENSION OF OPERATION PRIVILEGE OF DRIVER'S LICENSE 1. Appellant herein is Stephen E. Seymore residing at and having a mailing address of 908 Allenview Drive, Mechanicsburg, PA 17055. 2. Appellee is the Department of Transportation of the Commonwealth of Pennsylvania having a mailing address of Riverfront Office Center, Harrisburg, PA 17104. 3. By letter of notice dated September 18, 2007, a copy of which is attached hereto as Exhibit A, the Department of Transportation ordered the Appellant's suspension of his driving privilege for a period of eighteen (18) months effective 10/23/2007 at 12:01 a.m. 4. Pursuant to 75 Pa.C.S.A 1550 (b)(1)(i), Appellant is retaining his driver's license until final determination of the suspension of operation privilege. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: bane ig 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Appellant) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 18, 2007 STEPHEN E SEYMORE WID # 072546561315592 001 908 ALLENVIEW DRIVE PROCESSING DATE 09/11/2007 DRIVER LICENSE # 21684591 MECHANICSBURG PA 17055 DATE OF BIRTH 09/20/1968 Dear MR. SEYMORE: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/02/2007: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 10/23/2007 at 12:01 a.m. 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 10/23/2007. You may surrender these items before, 10/23/2007, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. 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 receive your license(s). 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 license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: 072546561315592 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 license(s), 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. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed 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. Follow the payment and mailing instructions on the back of the application. 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 18, 2007, 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 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 10/23/2007. 072546561315592 Sincerely, 9?u ?-- Z g vv) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us ?c 0 o ® Cm pO p 9S d r? o a _- - - r rF .a? "a KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope kopelaw.com STEPHEN E. SEYMORE Appellant Attorney for Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007-5766 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF : CIVIL ACTION - LAW TRANSPORTATION, BUREAU OF DRIVERS LICENSING Appellee CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 4th day of October, 2007, I served a true and correct copy of the foregoing Petition for Appeal from Suspension of Operation Privilege of Driver's License via certified U.S. First Class mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 KOPE LLC ShbaQ B. Kope, Es . I.D. 922 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 a K O P E ASSOCIATES LAW OFFICES LLc Shane B. Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq. October 3, 2007 VIA CERTIFIED MAIL Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 In re: Seymore v. PennDOT, Bureau of Driver's Licensing WID # 072546561315592 001 No. 2007-5766 Dear Chief Counsel: Enclosed please find a time-stamped copy of an Appeal of Driver's License Suspension in he above referenced matter. Thank you for your attention to this matter. Sincerely, Kope & Associates, LLC e Wehnert aralegal Enclosures Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 .P 717.761.7573 • F 717.761.7572 ¦ kopelaw.com W ` ?` Tr OCT 0 42007 4"" KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ab-kopelaw.com STEPHEN E. SEYMORE Appellant vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS LICENSING Appellee Attorney for Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5'7k, t, ivi I T, CIVIL ACTION - LAW ORDER AND NOW, this 04 day of ()O?rAW , 2007, a petition for Driver's License Suspension Appeal has been filed. The hearing is scheduled for the day of 2007 in courtroom # a` of the Cumberland County Courthouse at t? , 30 4;?,rn./a.m. , L - - a STEPHEN E. SEYMORE, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, . Appellee NO. 07-5766 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of December, 2007, this matter having been called on a hearing on an appeal from a driver's license suspension, and petitioner having withdrawn his appeal, the appeal is dismissed. The Department of Transportation shall reimpose the 18 month suspension of driving privilege effective March 1, 2008. George H. Kabusk, Esquire For the Department of Transportation Shane B. Kope, Esquire For Appellant prs ra.?as?a? -i'"I ,?Of 0;z ma i LjrL t1 r C;i ?i C\1 ? "v U