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Home My WebLink About06-4642 .' , . DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA: CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Of.. - 4t.l/ " CiUl -L 'T ~ BECKY JO HOPKINS, Appellant APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Becky Jo Hopkins, by and through her attorney, Gregory Barton Abeln, Esquire, who files the following petition: 1. Becky Jo Hopkins is an adult individual currently residing at 516 Carol St., New Cumberland, P A 17070. 2. On July 13,2006, the Pennsylvania Department of Transportation sent to Appellant a notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in her possession. 4. The suspension was for an alleged violation Section 1547 BlI of the vehicle code for a chemical test refusal on June 8, 2006. 5. The Appellant believes that she will prevail in this appeal because the evidence will show that the police did not advise her of her rights or the consequences of her refusal to take the test in accordance with law, all of which was allegedly recorded on video tape at the booking center. ,.' ,t, , . WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of her license suspension pending the result of said hearing. Respectfully submitted, Date <;; ABELNLA~ ~ Gregory Barton Abeln, Esquire ID # 35,960 Attorney for Appellant 37 East Pomfret 8t. Carlisle, PAl 7013 717/245-2851 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that false statements are made subject to the penalties of 18 Pa.C,S,A. S4904, relating to Unsworn Falsifications to Authorities. ~~J 8107 loro Date I ! COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 13, 2006 BECKY JO HOPKINS 516 CAROL STREET NEW CUMBERLAND PA 17070 WID. 061876117893654 001 PROCESSING DATE 07/06/2006 DRIVER LICENSE. 21683448 DATE OF BIRTH 10/06/1968 Dear MS. HOPKINS: This is an Official Notice of the Suspension of your Driving Privilege as authoriz'ed by Section 1547Bl I of the PennsYlvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/08/2006: · Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/17/2006 at 12:01 a.m. 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 08/17/2006. You may surrender these items before, 08/17/2006, 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 identification (e.g., birth certificate, valid U.S. PBssport, marriage certi ficate, 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. 1. Return all current PennsYlvania driver's licenses, learner's permi ts 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: A 061876117893654 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 licenseCs), learner's permitCs), and/or a sworn notarized letter, PennDOT will send yoU a receipt conf i rmi ng t he date t ha t credi t began. I f 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. 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 Ca) (4) of the PennsYlvania Vehicle Code. PAVING THE RESTORATION FEE Vou 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 Clisted 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. APPEAL Vou have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULV 13, 2006, 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. Vou must return all current PennsYlvania driver license products to P~nnDOT by 08/17/2006. 061876117893654 Sincerely, tJ,.e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA: CUMBERLAND COUNTY, PENNSYLVANIA v. NO. BECKY JO HOPKINS, Appellant APPEAL FROM LICENSE SUSPENSION CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Room 103 Transportation and Safety Building . Harrisburg, P A 17120 Respectfully submitted, ABELN LAW OFFICES Date ~(~(O(;, Yh~e ~ Mary C. Abel ' Legal Assistant 37 East Pomfret St. Carlisle, P A 17013 717/245-2851 ~ (") f"oo..:I (') c:::J ~ ~ c c:::J ~ c:r" ~ -0 CD ;po ~:o ~ ct) rr ' C ..L_ ,),. G') -7l' '. B (P " ~~ ->--; ,-':;--, ""- ~ i~ -I ' -0 -c" ~ ::E: c:> :0 f!! 5~ ~ f' z ~ ~ t :z .r:- (.11 ~ - ~ ~ ,'. v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AUG 1 4 20o.~'1In NO, Of. -~t.Cf.J.... eo.:L YfA..~ fA" ~ DEPARTMENT OF TRANSPORTATION : COMMONWEALTH OF PENNSYLVANIA : BECKY JO HOPKINS, Appellant APPEAL FROM LICENSE SUSPENSION ~ ORDER OF COURT AND NOW, this L day of ~ 2006, upon presentation and consideration ~ of the within Petition For Appeal From License Suspension, a hearing is set for the ~ day of OtJJj., ,2006, at ~.~ bO'clock~.m, in Courtroom No, ~fthe Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of this appeal hearing, ], cc: Gregory Barton Abeln, Esquire Pennsylvania Department of Transportation, Office of Chief Counsel ~ ~ y.;JJ'O( ~ IJliW/ilASNN3d I INIV"(\ m.r'''''-,,''Q'^'n''' f\-J.. '~\..'..J '.' ',' ;,",:::!'.,...I" ,~ 9S :2 tld I Z ~nv 900l Al:NlONOH10tJd 3H1 :.10 381~:lO-Clall:J IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BECKY JO HOPKINS, Petitioner v. DlD - t.I{P4~ NO. 2006 NO. 442--GIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 20TH day of October, 2006, the appeal filed in the above referenced matter is: REMANDED to the Department of Transportation for corrective action. 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. .A-BaQ.,~ CONTINUED AND RESCHEDULED FOR THE DAY OF , 2006, AT _.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY OUSE, CARLISLE, PA. Attest: J. Distribution: ' Gregory Barton Abeln, Esq., 37 E. Pomfret Street, Carlisle, PA 17013 ...upu;, ~ Beverly J. Points, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104- 2516 N/~j& ~ :NVI\lASN~Hd V',\ '\,[1\ ''''ptA'nt'\ -' ,~! ~;", W-<l ~1..JVl V WV OZ 1309DOZ 'JOHIOtld 3Hl::JO OI:HQ-031l:1