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Home My WebLink About05-3038 James J. Jarecki, Esquire Attorney l.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Appellant JULIAN CHO : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY-PENNSYLVANIA Appellant v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : NO. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING - oS r 3o.3'Y e-;v.-; Ie..yl>\.. Appellee NOTICE OF APPEAL OF LICENSE SUSPENSION Pursuant to 42 Pa. C.S.A. g933(a)(I )(ii), Appellant Julian Cho hereby appeals from the decision of the Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, dated May 19, 2005, whereby Appellee ordered suspended Appellant's driving privilege for a period of fifteen (15) days. (A true and correct copy of Appellee's Notice of Suspension is attached hereto as "Exhibit A".) Respectfully Submitted, RHOADS & SINON LLP By: Attorneysfor Appellant '8.1 JULIAN Y CHO 1b75 LAMBS GAP RD WI>>' OS132bS~3~323~e 002 PROC~SSING DAT~ 05/12/2005 DRIVER LICENSE t 2S5bbbl1 DATE OF BIRTH 03/20/1~al COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BU~eau of D~ive~ Licensing Mail Date. MAY 19. 2005 MECHANICSBURG PA 17055 -D..~. MR .__CHO:.._,_ .. This is an Official Notice of the Suspension of YOU~ Driving P~ivilege as authorized by Section 153B of the PennsYlvania Vehicle Code. As a result of Your departmental hearing, . vour d~iving privilege 1s SUSP!NDED fo~ a period of 15 DAY(S) effDc~1ve 06/23/2005 at 12:01 a,m. 8efore PennDOT can restore your driving privilege. you must follow the instructions in this letter for COMPLVING WITH THIS SUSPENSION and PAvING THE RESTORATION FEE. You should ~ollow 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, COMPLVING WITH THIS SUSPENSION You must return all current PennSYlvania driver's licenses, learner's permits, tQmpo~ary driver's ~licenses (ca~era cards) in your possession on or before 06/23/2005, Vou may su~render these items before, 06/23/2005. for ea~lier credit-; ho_ever. yo.u .._y--nat.-dri...e.. ".tetef'. .t~-&u.-it.ems ...... surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However. yoU may apply fo..' and obtain a photo identification card at any Driv@r Lic@ns@ Canter far a cost af $10.00. Vau must present two (2) forms of proper iOantification (e ,~,. birth certificate. valid U.S. passport. marriage certificate. etc.) in order to obtain your photo identification card, You w~ll not ~ece1ve credit toward serv1ng any suspens10n until we ~eceive you~ license(s). Complete the follawing steps to aCknawledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/ar carne..a cards to PennDOT. If YOU do not halle any of these items. send a sworn notarized letter stating you are aware of the suspension of your drilling priYilege. You must specify in your letter why you are unable to return your driyer's license. Rememberl You may not retain YOUr driver's license for identification purposes. Please send these items to: 0513265..3932398 Pennsylvanie Deoert..ent of Transportation ._.___.________u_._ __.~.!!r_!!~_.ofh.~!:_~ve.r LiH.nsl.M P,D. 80" 68693 Harrisburg. PA 17106-8693 Upon receiPt. review and acceptance of your PennsYlvania driver's licenseCs). learner's permitCs). and/or a SWOrn notarized letter. PennDDT 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, If yoU do not return all current driver license products. wQ must refer this matter to the Pennsyl~ania State Police for prosecution under SECTION 1571 Ca) (4) of the Pennsylvania Vehicle Code. 2. 3. PAYING THE RESTORATION FEE You must pay a restoration fee to PennD,OT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee. complete the following stepsl 1. Return the enclosed ApPlication for Restoration. The alRount dUe is listed on the application. 2. Write your driver's license number Clisted on the first page) on the check or money order to ensure oroper credit. 3. Follo~ the payment and mailing instructions on the back of the application. IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7100 a.m, to 9:00 p,m. 1-800-932-4600 TOO IN ,STATE 717-391-6190 TOO OUT-OF-STATE ~~~,dmv.state.pa.us 1-800-228-0676 717-391-6191 051326543932398 APPEAL You haVe the right to appeal this action to the Court of Common Pleas (Civil Division> within 30 days of the mail date, MAY 19, 2005, of this letter, %t YOU tile an appeal in the County CQurt, the Court will give you a time-stamped ~e,..t1t1ed COpy of the appeal, In order '01" your appeal to be valid, YOU must send this time-stamped certified copy of the appeal by certified mail tOI Pennsylvania Department of Transportation Office 0.'_ C:hie1__~g.lln$el ...._. .., _. ._'~h_"~_' Th'ird.'Fi~;;-"', - Riverfront Office Center Harrisburg, PA 17104-2516 Remember. this is an OFFZCXAL NOTICE OF SUSPENSZ:OPL You must return all current PennSYlvania driver license products to PennOOT by 06/23/2005. Sincerely, ~~.~ Rebecca L. Bickley, Director Bureau o. Driver licensing ~() - t \ - <<> ~ ~ ~ ~ lJ., ~ ~ ~ -"!"",--- 1-': I' ~ ~ ~ \ V d " c ~ c;;) cJ' ,- c~ r-J~ .- ~ ::;:\ _.~':!l. '::o~, :0'7 (J,t) _"{_"'ll /:,-,:P ~-?~ ~.?, :3 ~ C< - '-" , ('-) S;,~ ~~ -<.. -0 :1: r:-? - o JULIAN CHO, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 05-3038 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of June, 2005, upon consideration of Appellant's Notice of Appeal of License Suspension, a hearing is scheduled for Thursday, September 1, 2005, at 2:45 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT IS DIRECTED to file a supplement to this notice within 15 days of the date of this order specifying the basis for the appeal, or the appeal will be deemed dismissed without further order of court. BY THE COURT, ;fa'mes J. Jarecki, Esq. One South Market Square 12th Floor ;> Harrisburg, P A 17108-1146 Attorney for Appellant f /I. o Z :'1 \,ll \ 2 unf ~GnI ^'J':/.~c>,{)':,'_\C'dj 3Hl ~o ~/JI,:l,JD..-I.)J\H George Kabusk, Esq. Office of Chief Counsel ~epartment of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee :rc James J. Jarecki, Esquire Attorney LD. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Appellant JULIAN CHO COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA Appellant v. CIVIL ACTION .. LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : NO. 05-3038 CIVIL TERM Appellee APPELANT'S SUPPLEMENT TO HIS NOTICE OF APPEAL OF LICENSE SUSPENSION NOW COMES Appellant, Mr. Julian Cho, by and through his counsel, Rhoads & Sinon LLP, and files this Supplement to his Notice of Appeal of License Suspension, and avers as follows: I. On June 13,2005, Appellant filed a Notice of Appeal of License Suspension. 2. By way of Order dated June 20, 2005, Appellant was ordered to file a Supplement to his Notice of Appeal, specifying the basis for his appeal, or face dismissal without further order. 3. Appellant avers that the imposition ofa fifteen (15) day suspension under 75 Pa. C.S.A. SI538(d)(1)(iii) is discretionary, not mandatory, and in the instant matter, the hearing examiner abused his discretion by failing to take into account the particular facts of this matter to impose a more appropriate sanction. The suspension of Appelhmt' s license serves no reasonable 569007.1 purpose, and justice would be better served by imposing no penalty at all, or in the alternative, a different penalty as provided under S 1538( d). Respectfully Submitted, RHOADS & SINON LLP By: Attorneys for Appellant ~ . CERTIFICATE OF SERVICI~ On this 27th day of June, 2005, I hereby certify that a true and correct copy of the foregoing document was served upon the following party: George Kabusk, Esq. Office of Chief Counsel Department of Transportation 3rd Floor, Riverfront Office Center 110 I South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee tA ~ ~.JN 0 ,..., 0 = c C'? --n ::." oJ' -< ;-<:2, (.i' (-~ :r:: I ,,- rn:n .' "';;-. r:::, , ~o~ .' N (.:'~! \0 -- ct) , (:~ \ .'J () -\", ~ ':.) -q -. , :3."; 6 ~ , ~.c-'" l 't5 el1 '., '""" .,'- t.' ~'.1 <.J :-J;:! """- .;;;" --" - JULIAN CHO, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-3038 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of September, 2005, upon consideration of Petitioner's Notice of Appeal of License Suspension (as supplemented), and following a hearing held on September 1,2005, the appeal is dismissed and the IS-day suspension of Petitioner's driving privilege noticed by Respondent by a mailing dated May 19,2005, is affirmed. ~es J. Jarecki, Esq. One South Market Square lib Floor ..\ Harrisburg, PA 17108-1146 Attorney for Appellant ~%e Ko.-bUSr, Esg, BY THE COURT, ., ,., '" ,l..Ji\ "'JriO ;;;':1 :11 7. - ,i'.S cflrz J ",-Iv """U Id'l'dif',\'-,j'. ',.:.,\ :1'.11 J(\ /\ 'w.V, ,v, , ,'.j.....,.! .-1,"1 ..;.v 3~Y~:'X,)-'(13l1:! <t' 7 George Kabusk, Esq. Office of Chief Counsel Department of Transportation 3rd Floor, Riverfront Office Center lID I South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee :rc v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-3038 CIVIL TERM JULIAN CHO, Appellant COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING Appellee LICENSE SUSPENSION APPEAL IN RE: APPEAL OF LICENSE SUSPENSION ORDER OF COURT AND NOW, this 1st day of September, 2005, upon consideration of Petitioner's Appeal of Lj.cense Suspension, and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, ~~f'( J. J. ~mes J. Jarecki, Esquire One South Market Square 12th Floor Harrisburg, PA 17108-1146 For Appellant ~ ~ t<<~,dJ ~,O o ~orge Kabusk, Esquire Office of Chief Counsel Department of Transportation 3rd Floor, Riverfront Office 1101 South Front Street Harrisburg, PA 17104-2830 For Appellee Center :mae Ypt 9, ')..00-:;- hied I~ protLc,()otary D~ICQ.