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Home My WebLink About07-0457 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07- '-151 ~ ~ BARBARA A. WISER., Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Barbara A. Wiser, by and through her attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant resides at 1838 Ritner Highway, Shippensburg, Pennsylvania 17257. 2. Appellant received Notice dated December 21, 2006, stating that as authorized by 75 Pa. C.S. 3804 (E) (2)(i) of the Pennsylvania Vehicle Code, as a result of her August 29, 2006, conviction, of violating Section 75 Pa.C.S. 3802(A)(2) of the Pennsylvania Vehicle Code, DUI BAC .08-<.10 on January 22, 2006, her driving privilege was being suspended for a period of one year, effective January 25, 2007, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. The administrative order of the Pennsylvania Department of Transportation suspending her license is improper. 4. She has never been previously convicted under 75 Pa.C.S. 3802. 5. She has also never been convicted of an offense "an offense which is substantially similar to an offense enumerated in section 3802 reported to the department under Article III of the compact in section 1581". 6. She has a prior DUI in P A under the former DUI statute, more than ten years ago. 7. Under the plain language of the statute the Department thus lacks authority to suspend her license. 8. The Legislature did not intend for a suspension to apply in this instance. WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, Rominger & Whare Date: January 22, 2007 2 ---. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 21, 2006 BARBARA ALLEN WISER 1838 RITNER HWV SHIPPENSBURG PA 17257 WID. 063486187887946 002 PROCESSING DATE 12/14/2006 DRIVER LICENSE. 22099651 DATE OF BIRTH 05/11/1962 Dear MS. WISER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 08/29/2006 conviction of violating Section 3802A2 of the Vehicle Code DUI BAC .08-<.10 on 01/22/2006: . Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/25/2007 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH TH I S SUSPENSION, PA YI NG THE RESTORA TI ON 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 priv- ilege 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 01/25/2007. You may surrender these items before, 01/25/2007, for earlier credi t; 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 receive credit toward serving any suspension until we receive your l1cense(s). Complete the following steps to acknowledge this suspension. 063486187887946 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 lett~r. 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 21, 2006, of this letter. If you file an appeal in the County Court, the Court will give you a t1me- stamped certified 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 01/25/2007. Sincerely, i;),.e~ Janet L. Dolan, Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 8:00 a.m. to 6:00 p.m. 1-800-932-4600 TDD IN STATE 717-412-5300 TDD OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-412-5380 063486187887946 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.. 7106-8693 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 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 Ca) (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 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. IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by law to have all vehicleCs) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approx- imately 30 days before your eligibility date. BARBARA A. WISER., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, Rominger & Whare Date: January 22, 2007 ;J ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant ~ C) r--.:J v.. ~ c = 0 ~ ~ ;:::"'; C;;:) ~) -.. ." ~ C-. :r! ;t-- ~ ~ '\~ z m::n . r- """ ~ '^ N -0 fT'l ~ N :"'0 0(\ ;""') , ...j ~ \ ~ ~\i -0 ~-:s 9 -I<:"" s.;? il4 ~ ~ -"""" ~ ~ w Orfl . . . :~ t ~ w :n ~ ~ w -< JAN 24 2007/p1 }- BARBARA A. WISER., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. ~ No. 07, 'IS7 iuJ : LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this 8,S{,h day of ~ 2007, upon consideration of this Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter shall be held on the I~tl day of '1'n~ ' ~OD1 , at J:OD o'c1ock-P--m. in Courtroom No. ~ of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court:./ Distribution: Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 / Karl E. Rominger, Esquire ROMINGER & WHARE 155 South Hanover Street Carlisle, Pennsylvania 17013 ~ ,~ J~;;~6 7 0-.. ;>.. cr:: rs o w-;c- '-J' ......, rL:~" '.1_ -!... f-"'1--- y',---., a2:r: lQw_ ,::::dUJ i..!.-j:E ~ CO') <::> sS! - C: f.r) C'\J .:r: ~ -:J -- t:::;) ~ 2::: ~ ^ -j ...-- "-. :-"- ...~".,..~ <::t- ,....... -~-; '..~ ~- i~} . :;;~ -""; ".- ;:~j:.J/t =:5 o BARBARA A. WISER., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 07-457 CIVIL COMMONWEAL TH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL PETITION TO ENFORCE SUPERSEDES AND NOW, comes Appellant, Barbara A. Wiser, by and through her privately retained counsel, Karl E. Rominger, Esquire and in support of her Petition to Enforce Supersedeas avers as follows: 1. Your Appellant filed an Appeal From Suspension of Operator's Privilege on January 24,2007. 2. On January 25, 2007, the Honorable Edgar B. Bayley granted a Supersedeas pending a hearing on the matter. Attached as Exhibit "A". 3. A Supersedeas was granted thereby staying the suspension of Appellant's driving privileges in the Commonwealth. 4. Appellant received a Notice from the Department of Transportation which was mailed on February 7,2007, indicating that her driving privileges were still withdrawn. Attached as Exhibit "B". 5. The Department of Transportation lacks the authority to withdraw driving privileges when a Supersedeas is in place and a hearing is pending on the appeal. 6. Appellant is being prejudiced by the Department's actions. WHEREFORE, you Appellant respectfully requests that this Honorable Court order and direct that the Department of Transportation reinstate her driving privileges pending the outcome of the appeal on the license suspension. Date: j..-I Z- 01- Respectfully submitted, ROMINGER & WHARE ~~--Ar ~1M6dC 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court 1D # 81924 Attorney for Appellant BARBARA A. WISER., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-457 CIVIL COMMONWEALTH OF PENNSYL VANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE - I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of p,erator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, Rominger & Whare Date: February 12,2007 ~=~~ K~_j~~ 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant ~~ JAN 2 4 2007 Iv' I BARBARA A. WISER., Appe Hant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. iJ7, '15'7 ,- .' Ctt;J COMMONWEAL TH OF PENNS YL VANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL Ojf-"'. - ,. I ~ &fj--J , (J&. ~.'tl f ORDER OF COURT AND NOW, this ;;5 tC day of c),,,.. 7 ' 2007, upon consideration of this - Appeal From suspe:'Wft Of Operator's p~~ ~red that a he~g on the matter S~l be held on the / q -- day of '7h ~ ''t'' ~ 1Jf) 1 , at ~,rtJ 0' clock ~ m. In Courtroom No. 2, of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court; Is/ /;.,.. - /3 ~1 I , 1. Distribution: Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 Karl E. Rominger, Esquire ROMINGER & WHARE 155 South Hanover Street Carlisle, Pennsylvania 17013 !f4UE.oopv PROM tBORu " --~'...~~. it tMre....... Ri ihe seal Of said C. ~1 carlisle, Pa. r ,;t s~ r iJ ~1H>7 PILIlnl&y kxAt '/;/1 1/911 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Lice~sing Harrisburg, PA 171.23 FEBRUARY 07, 2007 BARBARA ALLEN WISER 1838 RITNER HillY SHIPPENSBURG PA 17257 WID t 070316178702231 001 PROCESSING DATE 01/31/2007 DRIVER LICENSE I 22099651 DATE Of BIRTH 05/11/1962 Dear Motorist: The Department has received your appeal frOM the Court of COMmon Pleas. The appeal for this suspension is effec- tive as of 01/22/2007. Despite this appeal, your driving priVilege remains withdrawn because YOU have other sanctions in effect which must be served in full. When requirements for these sanc- tions have been satisfied, yoU will receive an Official No- tice stating your eligibility and the requirements for restoration. Sincerely, tJ,.e~ Janet L. Dolan, Director Bureau of Driver Licens~ng INFORMATION (8:00 IN STATE OUT-Of-STATE TOO IN STATE TOD OUT-OF-STATE AM to 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 hL :6/"1 1~~1t g ~ ~ "'O~ -rt ~:n Q). ....~.. J ~ ""O~.. ~r; - :n tii ,;. "" ~. 1 r..,;.;:, :c:~; :J: "'t-\ :.c '-. -0 ~.~ ~ c], :s t:5~ c.C", N ~ yC .- ~ ~ '3 ~ BARBARA A. WISER, APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE 07-0457 CIVIL TERM ORDER OF COURT ..--- AND NOW, this I':;, day of February, 2007, based on the within petition, a Rule is entered against the Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Bureau of Driver Licensing, to show cause why appellant's driving privilege should not be reinstated immediately pursuant to a supersedeas entered on January 25,2007. Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 4:00 p.m., Wednesday, February 21, 2007. Edgar B. Baye , Karl E. Rominger, Esquire For Appellant ~ ~ .:l./~/)7 George Kabusk, Esquire ' V For the Department of Transportation ~ :sal \ ~ t.f') ~ <::) b :::J ~-. :c 0<( -C'J :-);i l:t :J:~ C- 01--- ,::.J ~ 6~ Lf) ~);'G; ~a.. ..:lZ c.o ,,-"-'.7 O:iE u.J :tJUJ LI- Ctln.. ~ r-- ~ = ::> c=::l u c-... '" -'f BARBARA A. WISER., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-457 CIVIL COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL PRAECWETOD~CON~E TO THE PROTHONOTARY: Please discontinue the Petition to Enforce Supersedes at the above captioned docket. Respectfully Submitted, Rominger & Whare Date: February 20, 2007 '} Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court Id #81924 Attorney for Appellant (') c: g: I:JtT) rnn, ~S~; :'5, ...:. ~C' j;:; r' ~::- () 'Pc ~ ~ c:::J c::::J ....I ...." g N <:::I ""'0 3: ~ ~e -om ;DY ,::{o ~-~l """'r"' :1: ..i (--~ ../0 7m 5 ~ ~ (..,,) .r;:- BARBARA A. WISER., Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-457 CIVIL COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the appeal at the above captioned docket Respectfully Submitted, Rominger & Whare Date: February 21,2007 ;/ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court Id #81924 Attorney for Appellant g s: ""'Off! mi' ~ Z:T' ZC (J1 ;, ::z~: CC ~~ J:'-.,"." 6: <':::> :;t> c: ~ ~ 5 -rt Sl ......, ~ ~:n :gf3 c~.:) b 1"1 . 1, !~J- _.,~o /;". -rn 9 ~ - ..." 3 - .. .r;:'"