The URL can be used to link to this page

Home My WebLink About05-0330 MATTHEW N. KOCH, petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 6r -~~6 CIVIL BUREAU OF DRIVER LICENSING DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, Respondent Appeal from License Suspension PETITION FOR APPEAL FROM LICENSE SUSPENSION AND NOW comes petitioner, Matthew N. Koch, by his attorney, Kent H. Patterson, and files this petition for appeal from license suspension as follows: 1. petitioner is Matthew N. Koch who resides at 73 Old Federal Road, Hampden Township, Cumberland County, Pennsylvania (Camp Hill, PA 17011). 2. Respondent is Bureau of Driver Licensing, Department of Transportation, Commonwealth of Pennsylvania (the "department"), having an address at Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516. 3. petitioner holds Pennsylvania Drivers License No. 23 874 131. 4. petitioner received a notice from the department that his driving privileges were being suspended for a conviction on 12/09/2004 of "violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 09/15/2004." Attached to this petition and marked as Exhibit A is a copy of the notice. 5. petitioner appeals the license suspension because he is challenging the summary conviction of 12/09/04 for violation of Section 1543 (a) of the Vehicle Code. On January 14, 2005, petitioner filed a petition for leave of court to file appeal nunc pro tunc from the summary conviction of 12/09/05, to the Court of Common Pleas of Dauphin County, Pennsylvania, docketed at No. 35 MD 2005. 6. The suspension of petitioner's driving privileges is premature, improper and/or contrary to law and should be rescinded for the following reasons: A. Dauphin County Court is considering petitioner's petition for leave of court to file appeal nunc pro tunc from petitioner's summary conviction on 12/09/2004 for the alleged violation of Section 1543(a) of the Vehicle Code. B. If petitioner is granted leave of court to file an appeal from the summary conviction, petitioner would be entitled to a hearing de novo, the appealed conviction would not be final and petitioner would defend the charge. C. The department's records may have improperly shown that petitioner's license was under suspension on the date of the alleged violation. D. The suspension of petitioner's driving privileges 2 is contrary to Constitution of the United States and the Commonwealth of Pennsylvania. E. Any other reasons that may appear in the hearing or in the record in this matter. WHEREFORE, the petitioner respectfully requests your honorable court to grant him a hearing on the suspension of his driving privileges and thereafter to sustain the appeal and rescind the suspension. Respectfully submitted, L f14~ ~ent H: Patterson Attorney for petitioner 221 pine Street HarriSburg, PA 17101 (717) 238-4100 v3v VERIFICATION I, Matthew N. Koch, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ~~'0L Matthew N. Koch Date: I..... 1"3 ....Oc? /'"~ ( COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 17. 2004 MATTHEW N KOCH 73 OLD FEDERAL ROAD CAMP HILL PA 17011 WID' 043459283955575 001 PROCESSING DATE 12/10/2004 DRIVER LICENSE' 23874131 DATE OF BIRTH 12/12/1975 Dear MR. KOCH: This is an O~~icial Notice o~ the suspension of your Driving Privilege as authorized by Section 1543 of the PennsYlvania Vehicl~ Code. As a result of your 12/09/2004 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 09/15/2004: . Your driving privilege is SUSPENDED ~Ol' a pel'iod o~ 1 YEAR(S) ef~ective 01/21/2005 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 ~ollow ALL instl'uctions vel'Y cal'efully. EVen if you have sel'ved all the time on the suspension/I'evocation, we cannot I'estol'e YOUI' dl'iving pl'iv- ilege until all the I'equil'ements al'e 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 01/21/2005. You may surrender these items before, 01/21/2005, 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 10.00. 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 I'eceive cl'edit towal'd sel'ving any suspension until we I'eceive youI' license(s). Complete the following steps to acknowledge this suspension. E-x.HI&IT ,q 043459283955575 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. 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 licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send YOU a receipt con- firming the date that credit began. If YOU do not re- ceive 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. PAVING 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. 043459283955575 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 17, 2004, of this letter. If you file an appeal in the County Cou~t. the Cou~t will give you a time- stamped ce~tified 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 01/21/2005. Sincerely, ~~\~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 1 () ~ ;"'.'.) C_, LJ 'l ~ <.:'.-' ~n .;;;..,1 ~:- . . ....... ~ () - VI D OJ -{) ~ ~ -;; \' -." ...J .. ---c. -< 0 cr, r- ----... -r i... ,lr~N 2 4 Z005. J MATTHEW N. KOCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERL!\ND COUNTY, PENNSYLVANIA v. No. os-- 310 CIVIL BUREAU OF DRIVER LICENSING DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, Respondent Appeal from License Suspension AND NOW this ORDER OF COURT 3/ S~ay of UflMLUt,f2 Y , 2005, upon consideration of the petition for Appeal f]:om License Suspension, the matter is scheduled for a hearing on n./ON. /if?Ie,'l Y, 2005, '/ at g: 3Clfl .m., in court room nwnber J- , Cwnberland County Courthouse, One Courthouse Square, CarlislE!, Pennsylvania 17013. J. .\,. "r) L"..., ", (, '0 ~:o Z C'1 I '.,..q - "',-, >;J' ;;.' '--'- - ~... ". "' MATTHEW N. KOCH, Petitioner IN THE COURT 0 CUMBERLAND CO COMMON PLEAS , PENNSYLVANIA v. : No. 05-330 CIVIL BUREAU OF DRIVER LICENSING DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, Respondent Appeal from Li ense Suspension :::E:f OF;;J consideration of the motion for continuance, the AND NOW this ~~ , 2005, upon matter that was scheduled for April 4, 2005 is co inued to ~ /d-~ } ~NM'(} , 2005, at f3b~m., in court room number 5 , Cumberland County Courthouse, One Co rthouse Square, this Carlisle, pennsylvania 17013. Edward E. Guido, Judge (!'rt~ ~~~ 4~ ~ c'S' ~ -. f;r~ ~L D u.l.;~ ~(S u_ ~t: I.\e~b U- 0- ft~ '6 -- C"> -- ~ 0- oJ> , a; ~ ~ ~ ~ ::> 4: ?);;::; :::)2 .....3 .-~.:;.% ',-:f(lf .-.~ ~::y ':T!Lb COCk ..- "~ o MATTHEW N. KOCH, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-330 CIVIL TERM BUREAU OF DRIVER LICENSING DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, Respondent APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 25th day of April, 2005, at the request of the Petitioner, hearing in this matter is continued until June 6, 2005, at 9:00 a.m. By ~orge Kabusk, Esquire For the Respondent : ~nt H. Patterson, Esquire For the petitioner srs '" ~C~ I ~LJ iK~ - \ (- J o II -;..5 --(15 (', :,'~ " ,:,{l -"'J ),jJV \ '\ : \ n :\) MATTHEW N. KOCH, Petitioner v. BUREAU OF DRIVER LICENSING: DEPT. OF TRANSPORTATION, COMMONWEALTH OF PA., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-330 CIVIL TERM APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 6th day of June, 2005, the parties having related to the Court that the Department has corrected its records, this appeal is dismissed as being moot. Edward E. Guido, J. ~nt H. Patterson, Esquire For the Petitioner ~orge Kabusk, Esquire For the Respondent srs -... By th .> OiD-O/r;-@.5 - ViN'\ii\lASNN::.ld AlN(VV) -". ",.I-'i '-'-"'n'" ,U.. ',',.', :.':; "'t:j"l' ,t ...J IlJ : II \.IV 9 - Nnr SOOl c' r- AbV10NOl-llOod 3Hl ;]0 3Ql;:l:!CJ-O.=11!:1