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Home My WebLink About10-0481 CUMBERLAND COUNTY COURT OF COMMON PLEAS COMM OF PA, WID#093509283064751 001 n r-o V RONALD HESS rQ 4 Defendant -n cv APPEAL OF NOTICE OF SUSPENSION OF DRIVING PRIVILEGE Ronald Hess hereby appeals to the Cumberland County Court of Common Pleas the Notice of Drivers Suspension by the Pennsylvania Department of Transportation dated December 23, 2009. A copy of the Notice of Suspension is hereby attached to this Appeal Notice. It is understood that a time-stamped copy of this appeal is to be sent by certified mail to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 submitted, S en`D Coover,ksc ttorney ID93285 44 S. Hanover Street Carlisle, PA 17013 g nu U pcl a?#7 y -• COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 23, 2009 RONALD JOSEPH HESS JR WID t 093509283064751 001 225 W RIDGE ST PROCESSING DATE 12/16/2009 DRIVER LICENSE # 21449621 CARLISLE PA 17013 DATE OF BIRTH 07/15/1963 Dear MR. HESS: This is an official Notice Privilege as authorized by Vehicle Code. As a result of violating Section 1543A o SUSP/REVOKE on 07/13/2008: ' . 17 of the Suspension of Your- Driving Section 1543 of the Pennsylvania of your 12/15/2009 conviction of the Vehicle Code DRIVING WHILE ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/23/2009 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession IMMEDIATELY. 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 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. f 093509283064751 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), camera card(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit b,e- gins. 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 pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 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 in- surance 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 listed at the end of this letter. 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 23, 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 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 093509283064751 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-412-5380 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA Appellee V. CIVIL ACTION - LAW RONALD HESS, Appellant NO. 2010-0481 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of January, 2010, upon consideration of the Appeal of Notice of Suspension of Driving Privilege, a hearing is scheduled for Wednesday, April 14, 2010, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT IS ORDERED to file and serve upon Appellee a supplement to the petition indicating in what respect the suspension is unlawful. This supplement must be filed within 20 days of the date of this order. If such a supplement is not timely filed, the appeal will be deemed automatically dismissed. BY THE COURT, Philip Bricknell, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 ? Sheri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Appellant :rc rna / / /'4 J s ey 01 , Jr., ?- 71 .10 FILFD?)-",-'F Sheri D. Coover, Esquire s THr '''`?"'` 0TARY Attorney ID 93285 2010 FEB 16 PN 3: 2 0 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) ` v v (717) 960-0074 (facsimile) , Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA, Appellee, V. RONALD HESS, Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-0481 CIVIL TERM SUPPLEMENT TO APPEAL OF NOTICE OF DRIVING PRIVILEGE AND NOW, comes Appellant Ronald Hess, by and through his counsel, Sheri D. Coover, Esquire and files the following SUPPLEMENT TO APPEAL OF NOTICE OF DRIVING PRIVILEGE and in support thereof avers as follows: 1. On or around December 23, 2009, Appellant received an Official Notice of Driving Privilege from the Commonwealth of Pennsylvania, Department of Transportation. 2. On January 22, 2009, Appellant filed a timely appeal to the Cumberland County Court of Common Pleas. 3. On or around January 27, 2010, this Court scheduled a hearing on the appeal, but directed Appellant to file and serve upon Appellee a supplement to the petition which contains in what respect the suspension was unlawful. 4. Appellant maintains that the suspension is unlawful as the immediate suspension was based upon the fact that it is alleged that his license was suspended on July 13, 2008, when he was driving and was pulled over by police. 5. Appellant maintains that his license had been restored and was not suspended at the time he was pulled over by police on July 13, 2008. 6. Appellant had paid all speeding fines and had paid the restoration fee and submitted all necessary paperwork to the Department of Transportation to have his license restored prior to July 13, 2008. 7. Upon information and belief, Appellant believes that his license was properly restored and valid on July 13, 2008 and that any allegations otherwise were an error on the part of the Commonwealth of Pennsylvania. WHEREFORE, Appellant represents that the immediately suspension of his license is unlawful and requests that the suspension of his license be dismissed. Y SUBMITTED, Wri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Appellant COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS PENNSYLVANIA, : CUMBERLAND COUNTY, Appellee, : PENNSYLVANIA V. CIVIL ACTION -LAW RONALD HESS, : NO. 2010-0481 CIVIL TERM Appellant ATTORNEY VERIFICATION I, Sheri D. Coover, Esquire, hereby certify that I have reviewed the foregoing SUPPLEMENT TO APPEAL OF NOTICE OF DRIVING PRIVILEGE with my client and that he has verified to me that the facts contained therein are true and correct to the best of his knowledge, information and belief I made the Appellant aware that he can be subjected to penalties for perjury both civilly and criminally under Pennsylvania and federal law for any false statements contained therein. i D. Coover, Esquire L I (o- M 0 Date Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Appellant COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS PENNSYLVANIA, CUMBERLAND COUNTY, Appellee, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD HESS, : NO. 2010-0481 CIVIL TERM Appellant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 1(0*) day of February 2010, I caused the foregoing SUPPLEMENT TO APPEAL OF NOTICE OF DRIVING PRIVILEGE to be served upon counsel for the Commonwealth via United States First class mail addressed as follows: Philip Bricknell, Esquire Office of Chief Counsel Pennsylvania Department of Transportation P Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Y SUBMITTED, j9heri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013