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Home My WebLink About08-3199COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE V. CHEUK-KEI KWONG, APPELLANT Driver License No.: 23309601 o`- 3/19 &.z;l 7-1,- NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this day of May, 2008, the Defendant, Cheuk-Kei Kwong, by and through her attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Cheuk-Kei Kwong, is an adult individual who currently resides at 1001 Jenkins Grove, Enola, Pennsylvania 17025. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated ? 3345A of the Vehicle code on or about May 5, 2008. 4. Appellant denies that she violated § 3345A of the Vehicle Code and she is currently appealing her May 5, 2008, conviction of that offense. 5. By letter dated May 13, 2008, Appellee notified Appellant that her driving privileges would be suspended for a period of one (60) days effective June 17, 2008. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". 6. Appellant denies that the Appellee is authorized to suspend her driving privileges. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, 5 ad DATE 0 ABOM & KUTULAKIS, LLP 11 John A. Aborn sqt Attorney for 4pella 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 77961 • 0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 13, 2008 CHEUK-KEI KWONG WID 081279283363290 001 1001 JENKINS GRV PROCESSING DATE 05/06/2008 DRIVER LICENSE # 23309601 ENOLA PA 17025 DATE OF BIRTH 02/24/1971 Dear. M-S-. K tfM13: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1535 of the Pennsylvania Vehicle Code. As a result of Your 05/05/2008 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 04/15/2008: ¦ Your driving privilege is SUSPENDED for a period of 60 days effective 06/17/2008 at 12:01 a.m. ¦ PennDOT is required by law to assign 5 points to your driving record. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. 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 06/17/2008. You may surrender these items before, 06/17/2008, 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. !¦ 081279283363290 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 ._xo.u__ ar-e unable t-o return-, y-orrr -driv7e-r-}s 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.D. 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. 081279283363290 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, 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 1"-te-d a-t the end of ##3s-.let#-er. - APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 13, 2008? 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 06/17/2008. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 .m. IN STATE 1-800-932-4600 TOO IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1 717-412-5380 -800-228-0676 WEB SITE ADDRESS www.dmv.state-pa.us CERTIFICATE OF SERVICE I, Emily J. Filiberti, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTVZAKIS, LLP DATE L ?2-I f C G%n- , Emily J. iliberti -jr) f7 a ? tr /_ c?qc `- V 0 3 C? C-) S , --- -TI ? - ^ r `C 7 MAY !3 wuer ? COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE V. Driver License No.: 23309601 CHEUK-KEI KWONG, 09-31q9 C 1 V 1 l Te R rn APPELLANT ORDER AND NOW, this 2aj day of VV47-) , 2008, upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the 310 day of 2008, at l d AM,, in Courtroom #, of the Cumberland County Courthouse. FURTHERMORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeass pursuant to Title 75 Pa. C.S. §1550(b) pending said heariT:*??Cd C- & v% f >, BY THE COURT vi n A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 ennsylvania Department of Transportation Office of Chief Counsel ,J Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 I S =Z IM L Z H 8 OZ CHEUK-KEI KWONG, IN THE COURT OF COMMON Apellant PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 08-3199 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this 31St day of July, 2008, the Appellant no longer being charged with the violation that supported the license suspension which is the subject of this appeal, the appeal filed in the above referenced matter is DISMISSED AS MOOT and this matter is REMANDED TO THE DEPARTMENT OF TRANSPORTATION FOR CORRECTIVE ACTION. BY THE COURT: W Attest: Distribution: John A. Abom, Esq., Abom & Kutulakis LLP, 36 South Hanover Street, Carlisle, PA 17013 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 w V _v w? A ? 1 e• L ti C) ? CJ C. D r