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Home My WebLink About09-8801LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 prusso@pjrlaw.com JENNIFER C. ZAMPOGNA, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL FROM THE ORDER OF THE DIRECTOR OF THE BUREAU OF DRIVER LICENSING SUSPENDING OPERATING PRIVILEGES AND NOW COMES, the Petitioner by and through her counsel, Law Offices of Peter J. Russo, P.C. and respectfully represents that: 1) The Petitioner, Jennifer C. Zampogna resides at5 Saratoga Place. Camp Hill, Pennsylvania, 17011. 2) Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. 3) Petitioner is duly licensed to operate motor vehicles in the Commonwealth of Pennsylvania. Operator's License No. 22733460. 4) On December 10, 2009, the Director of the Bureau of Driver Licensing, Pennsylvania Department of Transportation suspended Petitioner's operating privileges effective January 14, 2010, under authority of Section 1532(c) of the Motor Vehicle Code. (Attach a copy of the Notice of Suspension of Driver's License.) 5) Petitioner files this appeal for the following reasons: a) Petitioner seeks a reasonable accommodation to permit her to drive to and from treatment session; b) Petitioner's continued treatment is vital to her health and well being; c) Petitioner's continued treatment is required by her Court ordered supervision; d) The denial of this accommodation would violate the Petitioner's rights. WHEREFORE, Petitioner respectfully prays that this Appeal be allowed under Section 1550 of the Vehicle Code, that a hearing de novo be granted to determine whether Petitioner is subject to denial, cancellation, recall, suspension, revocation, or disqualification of her driving privileges. Respectfully submitted, LA J. RUSSO, P.C. OR Peter J. usso Attorney for Petitioner PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 prusso@pjrlaw.com Date: Tuesday. December 22, 2009_____ LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 prusso@pjrlaw.com JENNIFER C. ZAMPOGNA, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION VERIFICATION I, Jennifer C. Zampogna, verify that the statements made herein are true and correct to the best of my knowledge, and are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. C Date: (22 1 6 °l ifer C. Za ogna EXHIBIT A COMMONWEALTH OF.PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 10, 2009 JENNIFER C ZAMPOGNA WID i 043376746264317 001 5 SARATOGA PLACE PROCESSING DATE 12/03/2009 DRIVER LICENSE 22733460 CAMP HILL PA 17011 DATE OF BIRTH 07/12/1972 2#M-P-GGNA . - - - _ -- -? . - - - This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 09/29/2009 conviction of violating Section 13A12 of the Controlled Substance, Drug, Device and Cosmetic Act, on 02/05/2005: ¦ Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 01/14/2010 at 12:01 a.m. 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 01/14/2010. You may 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 $12.00. 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. 093376746264317 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: _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. PennDO,T 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(x)(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. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge Your suspension/revocation. If you have not acknowledged Your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 093376746264317 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 move from your current address. You may your address change by calling any of listed at the end of this letter. Is notified if you notify PennDOT of the phone numbers APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 10, 2009, 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 01/14/2010. Sincerely, ,t Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO1 Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8100 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6100 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 prusso@pjrlaw.com JENNIFER C. ZAMPOGNA, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 r Ashley R. Si araleg 1 Date:-UJ 1 1IJ9 DEC 22 PN 4 6 01.00 QU A7W CI?`? 3µG5 a353?g r DEC 2 2 2089 JENNIFER C. ZAMPOGNA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner NO.2009 - $80 V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT APPEAL FROM DRIVER'S OF TRANSPORTATION, LICENSE SUSPENSION Respondent ORDER AND NOW, thisl"ay of Dle a,- , 2009, upon consideration of the foregoing Petition for Appeal from the Order of the Director of the Bureau of Driver Licensing, Department of Transportation, suspending the Petitioner's operating privileges, and on the motion of the Petitioner, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of operating privileges. A hearing on the above-captioned appeal is set for 7 411Jv d `1-9 d o / 6, at 00 .m. in Courtroom located at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, County of Cumberland, Commonwealth of Pennsylvania. D' tribution List: eter J. Russo, Esquire 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17011 -,-Ille-nnsylvania Department of Transportation, Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104 b el RV T"P rf)TPDT NO DEC 29 ill 2: ? T.