The URL can be used to link to this page

Home My WebLink About06-0430 , COMMONWEALTH of PENNSYV ANIA DEPARTMENT OF TRANSPORTATION Appellee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v. --- : NO. 0(,.. '130 CU,d / LA-. DEBORAH LOPSON, Appellant PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE 1. Appellant here in is Deborah Lopson, residing at and having a mailing address of 11 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104-2516 3. By letter or notice dated December 23,d 2005, a copy of which is attached hereto as Exhibit A, the Department of Transportation ordered Appellant to surrender her operating license for a period of one year. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. 91550(b)(1 )(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege. 5. The said suspension of Appellant's operating privileges IS Improper or unlawful for the following reasons: By letter or notice dated December 15th 2005, a copy of which is attached hereto as Exhibit B, the Department of Transportation stated that the appellant's operating privileges had been restored as she had paid all the outstanding fines and fees. She was not informed nor given adequate notice that by signing the required documents that her operating privileges would be suspended, thus depriving her right to due process of law. VERIFICA nON I, Deborah Lopson, verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C. S. 94904 related to unsworn falsification to authorities. -~~, Deborah Lopson, A el ant , U /i C;( ~.eJ-/'~ .fIohn A, Davidson, Attorney for Appellant 'Identification Number 200503 2 , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 23, 2005 DEBORAH LOPSON 601 STATE STREET 2ND fL ENOLA PI. 17025 WID t 053509283582686 001 PROCESSING DATE 12/16/2005 DRIVER LICENSE # 24063006 DATE Of BIRTH 05/08/1962 U'E,ar MS;IOf>SON: This is an O~~icial Notice o~ the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 12/15/2005 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 06/30/2005: . Your driving privilege is SUSPENDED ~o~ a pe~iod o~ 1 YEARCS) e~~ective 01/27/2006 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 inst~uctions ve~y ca~e~ully. Even i~ you have se~ved all the time on the suspension/~evocation, we cannot ~esto~e you~ d~iving p~iv- ilege until all the ~equi~ements a~e satis~ied. COMPLYING WITH THIS SUSPENSION You must return all current PennsYlvania driver's licenses, le",rner I s permits", temporarY" .driver I s lic""nse_s (,ca",..,ra" cards) in your possession on or before 01/27/2006. You may surrender these items before, 01/27/2006, 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 Ce.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive you~ licenseCs). Complete the following steps to acknowledge this suspension. Et h ,~,-1 PI . 053509283582686 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: Pennsy!vania Department of Tr1!nsP.ortation 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 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. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege, To !;lay your restoration fee , c.omp.le,te the foblowi_st<!13s: 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. . , . 053509283582686 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 chan!le bllcalling any of the ph~()neJ'umbers llstedat 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 23, 2005, 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 01/27/2006. Sincerely, .b,.e~ Janet L. Oolan, Acting Oirector 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 TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 , . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensin~ 12:37 PM DEBORAH LOPSON 601 STATE STREET 2ND FL ENOLA PA 17025 WID # 053496056835466 002 PROCESSING DATE 12/15/05 DRIVER LttCENSE # 24063006 DATE OF BIRTH 05/08/62 Dear MS. LOPSON : Your driving privilege is restored effective 12/15/05. Please drive carefully. PENNDOT remains dedicated to safety on pennsylvania highways because, as our customer, you are important to us. Sincerely, ~ tJ,.e~ Janet L. Dolan, Acting Director Bureau of Driver Licensing I! )I'" .. f 13 ~ --'I ~ ( I -~ ~ -.' <:7"> C..: ~ ~ -...:J ~ ~ ~ ; ~ ? , (:) ~ s ~ '" <:> :> , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-430 CIVIL DEBORAH LOPSON, Appellant COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATORS LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this 1.10 ~I.. day of January, 2006, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter on the 31st day of March, 2006, at 11 :30 a,m. in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedes is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court, ~.fohn A. Davidson, Esquire Attorney for Appellant J. George Kabusk, Esquire AttQr,ney for AFP~Uee ';h \ h: \' \ c,.. ) \'0." ,. bas :-; '] t. 1 ~ ' :"" '.... ~, " :.,,:J. I DEBORAH LOPSON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Appellant v. : NO, 2006-430 CIVIL COMMONWEATH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF EDRIVER LICENSING Appellee PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY OF SAID COURT: In accordance with P,R.C.P, 229, please mark the above-captioned matter discontinued with prejudice. DATE: 'ht~.2.. 7. .2..<<>(; , 6- hn A. Davidson Attorney for the Appellant D Number 200503 208 N. 3rd Street Suite 130 Harrisburg, P A 17101 ~ _...,. ~f~ --4 -I- f;'] :",>,' \"C c.) c