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HomeMy WebLinkAbout10-1042KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 sbkopeCaD-kopelaw.com CHRISTOPHER A. SEXTON, Appellant vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS LICENSING Appellee Attorney for Appellant y Q -°- I p r gy ; ' c, w cn A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 , load ai, i t Ti'm CIVIL ACTION - LAW PETITION FOR APPEAL FROM A SUSPENSION OF OPERATION PRIVILEGE OF DRIVER'S LICENSE 1. Appellant herein is Christopher A. Sexton residing at and having a mailing address of 641 N. 2nd Street, Wormleysburg, PA 17043. 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 January 11, 2010, 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 six (6) months effective 2/15/2010 at 12:01 a.m. fta. oo P 4 ArrN CY.'? 5350 l d3?qs(, 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: There is insufficient evidence to prove the underlying charge. Respectfully Submitted, & ASSOCIATES, LLC By: 2!!?z 8fiane B. Kbpq ID # 92207 60 Trindle Road Suite 2- OT_ Camp Hill, PA 17011 (717) 761-7573 (Attomey for Appellant) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 11, 2010 CHRISTOPHER A SEXTON WID # 100046396700909 001 641 N 2ND ST PROCESSING DATE 01/04/2010 DRIVER LICENSE * 23896224 WORMLEYSBURG PA 17043 DATE OF BIRTH 03/05/1974 Dear MR. SEXTON: 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 09/17/2009 conviction of violating Section 1.3A30 of the Controlled Substance, Drug, Device and Cosmetic Act, on 02/04/2009: ¦ Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 02/15/2010 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 02/15/2010. You may surrender these items before, 02/15/2010, 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 $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. 100046396700909 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. 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. 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". 100046396700909 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 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, JANUARY 11, 2010, 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 02/15/2010. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 FEB ' ^ 20x0 N 0 ~ _... -r, KOPE & ASSOCIATES, LLC R, °° BY: SHANE B. KOPE, ESQUIRE ~' ATTORNEY I.D. 92207 ~ 395 St. Johns Church Road ~, ,-_;~ ~° Camp Hill, PA 17011 ~ ~ o ~~ (717) 761-7573 -~` sbkope(c~kopelaw.com Attorney for Appellant CHRISTOPHER A. SEXTON, : IN THE COURT OF COMMON PLEAS Appellant :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 -soya Civ i t ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF :CIVIL ACTION -LAW TRANSPORTATION, BUREAU OF DRIVERS LICENSING Appellee ORDER AND NOW, this ~'' `~ day of ~ ~ , 2010, a petition for Driver's License Suspension Appeal has been filed. The hearing is scheduled for the I v day of , 2010 in courtroom #~ of the Cumberland County Courthouse atl/~©1~ p~la.m. ~ FS ~_~ Csr~.• R~ ~. n c IJ~~. at-" 2~Spaa.~S~t~^~ ~f tt~~rv ~-~ BY THE COURT: