HomeMy WebLinkAbout13-2633 Supreme Couritof Pennsylvania
Court of Cdinms Pleas For Prothonotary Use Only:
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Civi1,,Cover Sheet Docket No:
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supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court.
Commencement of Action:
S El Complaint 0 Writ of Summons ❑x Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Jeffrey Klos Commonwealth of Pennsylvania
T Dollar Amount Requested: El within arbitration limits
I Are money damages requested? El Yes El No (check one) Doutside arbitration limits
O
N Is this a Class Action Suit? F1 Yes El No Is this an MDJAppeal? Yes El No
A Name of Plaintiff/Appellant's Attorney: Christopher E. Fisher
0 Check here if you have no attorney(are a Self-Represented 1Pro Sep Litigant)
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Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY MARTIN KLOS, `
Appellant, 13 -2633
vs.
COMMONWEALTH OF PENNSYLVANIA ;
DEPARTMENT OF TRANSPORTATION
Appellee, -41
PETITION FOR APPEAL FROM A SUSPENSION OF . , r•a
OPERATING PRIVILEGE
1. The Appellant is Jeffrey Martin Klos who resides at 12 Bourbon Red Drive,
Mechanicsburg, Pennsylvania 17050.
2. The Appellee is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mailing address of Third Floor, Riverfront Office Center, Harrisburg,
PA 17104-2516.
3. By Notice dated April 19, 2013, a copy of which is attached hereto as Exhibit
"A" and incorporated herein, the Department of Transportation demanded the Appellant to
surrender his driving privileges for a period of six months as a result of an April 11, 2013
conviction of violating Section 3367 of the Vehicle Code, effective May 24, 2013 at 12:01
a.m.
4. Appellant requests a supersedeas pursuant to 75 Pa.C.S.A. §1550(b)(1)(i), as
Appellant is retaining the driver's license until a final determination of the suspension of
operating privilege.
5. The suspension of the Appellant's operating privilege is improper or unlawful
for the following reasons:
a) Appellant has timely appealed the April 11, 2013 conviction, which appeal is
docketed at Cumberland County Court of Common Pleas Docket No. CP-21-SA-0054-2013;
b) Appellant stands a high likelihood of success in the underlying appeal, as the
Commonwealth's evidence fails to establish the elements necessary for a conviction under
Section 3367 of the Vehicle Code.
WHEREFORE, Appellant respectfully requests that this Honorable Court sustain the
appeal from suspension of his driving privileges and requests that a hearing be set to
address the same.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
ristopher E. Fisher
X1PA I.D. No. 201395
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17043
Telephone: 717-234-4121
f/ Facsimile: 717-232-6802
Date: May , 2013 Attorneys for Appellant
I
FM
I
. ............ .
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date : APRIL 19, 2013
JEFFREY MARTIN KLOS WID # 131029283852443 001
12 BOURBON RED DR PROCESSING DATE 04/12/2013
DRIVER LICENSE # 30109249
MECHANICSBURG PA 17050 DATE OF BIRTH 07/02/1993
Dear MR . KLOS:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1532B of the Pennsylvania
Vehicle Code . As a result of your 04/11/2013 conviction of
violating Section 3367 of the Vehicle Code RACING ON
HIGHWAYS on 03/05/2013 :
■ Your driving privilege is SUSPENDED for a period of 6
MONTH(S) effective 05/24/2013 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 05/24/2013 . You may
surrender these items before , 05/24/2013 , 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 $13 . 50 . 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 .
131029283852443
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 three (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" .
131029283852443
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 , APRIL 19, 2013 , 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 05/24/2013 .
Sincerely ,
<::::Xa Z g &jv)
Janet L . Dolan , Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0 : INFORMATION (8 : 00 AM TO 5 : 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 TOD IN STATE 1-800-228-0676
Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380
CERTIFICATE OF SERVICE
AND NOW, this 12fday of May, 2013, Christopher E. Fisher, for the law firm of Tucker
Arensberg, P.C., attorneys for Appellant, hereby certify that I have this day served the foregoing
document, by depositing a time-stamped certified copy of the same via certified mail, addressed
as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
(Certified Mail No. 7099 3400 0016 3627 2939)
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3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY MARTIN KLOS, �a
Appellant, a(O 3 3
ri
No. �3 r rn (_9-,-
vs. �= un cD
COMMONWEALTH OF PENNSYLVANIA rte— crr
DEPARTMENT OF TRANSPORTATIONS
Appellee,
ORDER OF HEARING
�n ,v/
AND NOW, this day of ! , 20/3 upon consideration of
the foregoing Petition of Appellant for review of a order the Department of Transportation
suspending Petitioner's operating privilege, a hearing de novo is granted to determine whether
the action of the Department of Transportation should be set aside.
HEARING on the above-captioned matter is set for AU*t4,1/'f a0/3at
/.,50 �_.M. in Courtroom 1 Cumberland County
Courthouse, Carlisle, PA.
The Petitioner is directed to serve notice of the appeal and a copy of the Petition and
Order on the Department of Transportation forthwith.
It is further ordered that this Petition shall act as a supersedeas in the above-referenced
matter pending final Order of Court after Hearing.
n/ By the Court:
l_.O
J.
JEFFREY MARTIN KLOS, IN THE COURT OF COMMON
Petitioner PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA, NO. 13-2633 CIVIL TERM
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION
Respondent APPEAL
ORDER
AND NOW, this 14th day of August, 2013, the appeal filed in the above-
captioned matter is REMANDED to the Department of Transportation for correction of
its records.
BY THE COURT:
J.
Att st:
C ristopher E. Fisher, Esq., 2 Lemoyne Drive, Suite 200, Leymone, PA 17043
Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief
Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg,
PA 17104-2516
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