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Home My WebLink About07-7301} KOPE & 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 ADAM ROBERT HODGE KIMMEL : IN THE COURT OF COMMON PLEAS Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. V-736 ( ci u 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 Adam Robert Hodge Kimmel residing at and having a mailing address of 6 Dartmouth Ct., 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 November 12, 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 one year effective 12/17/2007 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. 5. The said suspension of Appellant's operating privileges is improper or unlawful for the following reasons: Appellant, Adam Robert Hodge Kimmel did not give an adequate refusal pursuant to the guidelines of the Motor Vehicle Code and applicable case law. Respectfully Submitted, KOPE & ASSOCIATES, LLC Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Appellant) 4660 Trindle Road COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 12, 2007 ADAM ROBERT HODGE KIMMEL WID # 073096664496917 001 6 DARTMOUTH CT PROCESSING DATE 11/05/2007 DRIVER LICENSE # 28910880 MECHANICSBURG PA 17055 DATE OF BIRTH 12/15/1984 Dear MR. KIMMEL: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 11/01/2007: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/17/2007 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 12/17/2007. You may surrender these items before, 12/17/2007, 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 iden- tification (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 nota- rized 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: Pennsylvania Department of Transportation 073096664496917 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 con- • - d i t-b be an. if y-o-u--d-u-not r--e-= ceive 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 pro- ducts, 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 amount 2. Write page) credit 3. Follow of the the enclosed due is listed your driver's on the check Application for Restoration. The on the application. license number (listed on the first or money order to ensure proper the payment and mailing instructions on the back 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, NOVEMBER 12, 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 certi- fied 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 12/17/2007. y 073096664496917 Sincerely, 9?u ?-- - '6 go) Janet L. Dolan, Director ----B-u-r e-a u-a#--0r v? L c e n? i n 9- ---- 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 t''x ra ' t v rte-. ? ?" 7 ./ l ` vs.F ., ... 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 Attorney for Appellant ADAM ROBERT HODGE KIMMEL : IN THE COURT OF COMMON PLEAS Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007-7301 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 5th 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 SOCIATES, LLC Q?sh- pe, Esq. I . D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 V K O P E ASSOCIATES Shane B. Kope, Esq. ¦ Jacob M Jividen, Esq. ¦ Lesley J. Beam, Esq. LAW OFFICES LLC December 5, 2007 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 In re: Kimmel v. PennDOT, Bureau of Driver's Licensing WID # 073096664496917 001 No. 2007-7301 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 'u e Wehnert aralegal Enclosure Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com ?- CERTIFIED MAIL. RECEIPT rl , trl -ICIAL US $ 58 r` Certified Fee o Poeans* - 0 C3 c.1 - 6- Hamm rrU ToW PoetW & Fees c3 3W70- OA. '` ro na ------ --------- icriy, isiF+?e" CD ?p . ; C7 E R SEC o 6 200 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeO-kopelaw.com ADAM ROBERT HODGE KIMMEL 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. p?-7 36( C1?jt CIVIL ACTION - LAW ORDER AND NOW, this 6_ day of , 2007, a petition for Driver's License Suspension Appeal has been filed. The hearing is scheduled for the day of , 2008in courtroom of the Cumberland County Courthouse at p.m./aa;n. G' 1) L 1 3 . C-j ADAM ROBERT HODGE KIMMEL, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-7301 CIVIL TERM ORDER OF COURT AND NOW, this rr+L'% day of March, 2008, following a hearing, and finding that petitioner was arrested for driving under the influence, read Implied Consent warnings, and refused to take a test to measure his blood alcohol content, his appeal from the suspension of his driving privilege for one year pursuant to the Vehicle Code at 75 Pa.C.S. Section 1547(b)(1)(i), IS DISMISSED. ne B. Kope, Esquire For Petitioner eorge Kabusk, Esquire For the Department of Transportation :sal By the Edgar B. B yley, J. r o c.a N