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Home My WebLink About13-5895 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY,PA - BUREAU OF DRIVERS'LICENSING, APPELLEE ( , )3 -.5Y9 2 -_ V. : Driver License No.: 28952096 rrico • Ca lei- '�i�, i KYLE A. COOPER, °^CJ> j. ' APPELLANT --r xcp NOTICE OF APPEAL OF LICENSE SUSPENSIONS AND NOW,this 9 day of October, 2013, the Appellant,Kyle A. Cooper,hereby'files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Kyle A. Cooper,is an adult individual who currently resides at 11 Sheraton Drive, Carlisle PA 17013. 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 § 3367 of the Vehicle Code on or about August 24, 2013. 4. Appellant denies that he violated § 3367 of the Vehicle Code. 5. . By letter dated September 19, 2013,Appellee notified Appellant that his driving privilege would be suspended for a period of six (6) months effective October 24,2013. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". 6. The Appellant has appealed his underlying conviction of§3367 of the Vehicle Code to the Court of Common Pleas of Cumberland County (See Exhibit B) and avers in good faith that there is a likelihood his Appeal will be granted. 7. Appellant denies that the Appellee is authorized to suspend his driving privileges. ea5' R#�2Q 6s-7 WHEREFORE,your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended and that his driving privileges be reinstated pending this Appeal. Respectfully submitted, DA FE 1 9 • \ Kyle A. Co 11 Sheraton Dr Carlisle,PA 17013 717-422-4457 CERTIFICATE OF SERVICE I,Kyle A. Cooper, 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 Derr: 1 0 \1 / Kyle A' oope�/�� - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : SEPTEMBER 19, 2013 KYLE ALEXANDER COOPER WID # 132559283949427 001 11 SHERATON DR PROCESSING DATE 09/12/2013 DRIVER LICENSE # 28952096 CARLISLE PA 17013 DATE OF BIRTH 06/02/1990 Dear MR . COOPER: 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 09/11/2013 conviction of violating Section 3367 of the Vehicle Code RACING ON HIGHWAYS on 08/24/2013: • Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 10/24/2013 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 10/24/2013 . You may surrender these items before , 10/24/2013, 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 . EXHIBIT 1 a / Y- 4 132559283949427 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" . 132559283949427 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 a t- the end__.of th i..s_._l e t t_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 , SEPTEMBER 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 10/24/2013. Sincerely, -4"-Ciag011011< Zeee4r) Janet L . Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: 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 TDD IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 2*- If1/4 blAt3 IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND : .4t Notice of Appeal from Summary Criminal Conviction • Name and Address of Defendant: Name and Address of District)ustice: KYLE ALEXANDER COOPER HON. PAULA P. CORREAL • 11 SHERATON DR 5275 EAST TRINDLE ROAD, STE 110 CARLISLE, PAJ/;.� Zip 17013 MECHANICSBURG PA Zip 17050 Signature AN Magisterial District No.MDJ-09-3-04 Decision of District Justice: PAULA P. CORREAL Date of Decision 9/11/2013 Offense(s)Appealed 75 § 3367B Name and mailing address of officer as shown on citation If sentence includes fine and costs,amount of which paid: or complaint ANDREW S. BASSLER $TOTAL 287.00, PAID $150.00 Type or amount of bail furnished to District Justice, if any: b WILLOW MILL PARK ROAD, MECH. Name and Address of Attorney: (signature) MJ-09304-TR-0002398 District justice Docket No. (print name) Citation No. C1166926-5 (address) Zip . Phone: Atty.I.D.# NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter. / Al; vV N ' x CLER ' O COURTS LU 0lV931 31V1S-l1V COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY,PA BUREAU OF DRIVERS'LICENSING, APPELLEE // 32r9S- 3 v. : Driver License No.: 28952096 KYLE A. COOPER, APPELLANT • ORDER AND NOW, this // day of , 2013,upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the �7 day of 20/-y, at 9. 3OAM/PPM in Courtroom # 7 , of the Cumberland County Courthouse. FURTHERMORE,Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. §1550(b) pending said hearing. BY THE COURT A. - ■1/4— J. '� K le A. Cooper y p 11 Sheraton Dr Carlisle,PA 17013 ennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg,PA 17104-2516 CCS tth.3 „nu; .")) ?.> — • _D _mac ; , _ 5;s: rti? __f F KYLE A. COOPER, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-5895 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • SUSPENSION APPEAL ORDER AND NOW, this 17TH day of January, 2014, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. _ CONTINUED and RESCHEDULED for the day of N >- , 2014, at .m., in Courtroom chi Room No of the Cumberland County Courthouse, = ' °' � Carlisle, Pennsylvania. N _J co cc ul BY THE COURT: crp /C •-• J. Attest: Kyle A. Cooper, 11 Sheraton Drive, Carlisle, PA 17013 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Copt'E.r f iL t. a l/i y J /y