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
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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
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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.
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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
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