HomeMy WebLinkAbout03-2331
CLEOPHAS J. INMAN, JR.
Appellant
v.
= IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: No. O~B33r
COMMONWEALTH OF
PENNSYL VANIA,
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, Cleophas J. Inman, Jr., hy and through his
attorney, Karl E. Rominger, Esqnire, at the Law Offices of Rominger & Bayley,
respectfully aVers the following:
I. Creophas James Inman, Jr., is Appellant and resides at 1400 Waggoners Gap
Road, Carlisle, Pennsylvania 17013.
2. Respondent is the Department of Transportation, Unreau of Driver Licensing in
Harrisburg, Pennsylvania
3. On or ahout April 30, 2003, Petitioner received a letter indicating that his drivers
license would be sUspended.
4. Your Petitioner has a valid PennSYlvania drivers license which was issued on
January 24, 2003.
5. According to the letter from PennDOT the driving Privileges are heing
sUspended because of information received from the State of Ohio.
6. The language says "yonr right to apply for a drivers license or leaner's permit is
being denied...".
7. Appellant already has a drivers lieense and reeeived the same in Jannary.
8. The letter from PennDOT in no way explains or indicates any basis for snch a
suspension except what is afore referenced.
9. Appellant asserts he is lawfnlly permitted to drive in PennsYlvania and
everywhere else.
10. Appellant respectfnlly snbmits that Ohio has no ability to issue a suspension,
nor does PennDOT have the ability to issue a suspension.
11. Upon information and belief either the Interstate Compact is being violated or
the various procedural and snbstantive rights available to Appellant under statute, case
law, and the respective constitutions are being violated.
12. Appellant is nnable to make a more particnlar allegation of error on which to
base his reqnest for relief because of the failnre of PennDOT to provide any snbstantive
information in its April 30, 2003, Notice.
13. Appellant has a valid driver's license and should be allowed to continne driving
pending resolntion of this appeal since this appeal is timely filed and as such a Snpersedeas
is authorized.
WHEREFORE, your Appellaut respeetfully requests this Honorahle Conrt review
and reverse the Pennsylvania Department of Transportation, Bnrean of Driver Lieensing
suspension of his driving privileges and grant a hearing on the same. Further, Appellant
requests that a Supersedeas issue.
Respectfully sUbmitted,
r .. //-
---...
Date: May 15, 2003
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
CLEOPHAS J. INMAN, JR.
Appellant
v.
= IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: No.
COMMONWEALTH OF
PENNSYL VANIA,
PENNSYL VANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
: LICENSE SUSPENSION APPEAL
CERTIFICA TE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defeudant, do hereby certify that I thi,
day 'erved a copy of the Notice of Appeal upou the following by depOSiting same in tbe
Uuited State, Mail, first cia., postage prepaid, at Carfule, Penn'ylvania, addressed a,
follows:
George Kabusk, Esquire
P A Department of Transportation,
Office of Chief Counsel, Third Floor,
Riverfront Office Center,
HarriSburg, PA 17104-2516
Dated: May 15, 2003
2 .
~
Karl . Rominger, Esquire
Attorney for Defendant
@>
C:
~ C.
~ ~ Vf 'i"
~ ~
'- '8
v.) ~ r
4J ~
~ G' ~
" .
-- . ~j
~ ~.- {
3
~
~ ,
CLEOPHAS J. INMAN, JR.
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 0 [) - .J B 3 I
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
MOTION FOR CONTINUANCE OF LICENSE
SUSPENSION APPEAL HEARING
AND NOW, comes Cleophas Inman, Jr., by and through his counsel, Karl E. Rominger,
Esquire, and respectfully requests that this Honorable Court grant a continuance and avers as
follows:
I. The hearing is now set for June 30, 2003, at 2:00 p.m.
2. In conversations with the Department of Transportation on June 24, 2003, it was
determined that the underlying issues relevant to the license suspension originate in Ohio.
3. It was further learned that these issues need to be dealt with at the Ohio Department of
Transportation, and if they are resolved successfully no license suspension or revocation will take
effect.
4. If the issues in Ohio cannot be resolved or are binding upon Petitioner then Petitioner
may seek to withdraw this appeal.
5. For the above stated reasons, judicial economy would be preserved by granting a
continuance of some length.
6. A continuance to the call of either party would also be appropriate.
7. Petitioner has discussed this matter counsel for the D~partment of Transportation. The
Department of Transportation is not opposed to a continuance in this matter.
WHEREFORE, Defendant respectfully requests that this Honorable Court continue the
license suspension appeal matter to give the parties time to discuss the matters with the Ohio
Department of Transportation in hopes of resolving the matter without further Court action.
Respectfully submitted,
ROMINGER & BAYLEY
--7
/-
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 24 1-6070
Supreme Court ID # 81924
Attorney for Appellant
Date: June 25, 2003
CLEOPHAS J. INMAN, JR.
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLANn COUNTY, PENNSYLVANIA
v.
No. 0:;; - ,;2.3 3/
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA nEP ARTMENT
OF TRANSPORT A TION,
BUREAU OF nRIVER
LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Appellate, do hereby certify that I this day
served a copy of the Motion for Continuance upon the following by depositing same in the
United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
George Kabusk, Esquire
Pennsylvania nepartment of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
.-)
/
.
---
Karl E. Rominger, Esquire
Attorney DJr Appellate
Dated: June 25, 2003
8 0 0
(t~i ""l';
;:: '-
:00; ~;
!:.Py; -- ;:~'
t;r- ", '.~.;{g
_ .l:; (Ij
<.-- :~:: ~;:';
~U :?
~O -;';- ~11
~_.i'.... ;-';0
5>8 :;..} ;::Jrn
2: ;;..:1
=< :n :.U
(...> -<
CLEOPHAS J. INMAN, JR.
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
No. og-J33 I
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORT AnON,
BUREAU OF DRIVER
LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
~ ORDER OF COURT
AND NOW, this ~ 7 day 0~;Jt t:,... ,2003, the above captioned license
suspension appeal is continued generally for sixty (60) days from the date this Order. The parties
are directed to relist this matter with the Court at the expiration of those sixty (60) days.
Distribution:
Karl E. Rominger, Esquire (oPv /i'l{,,(rrl
./
George Kabusk, Esquire (1(!p~. M ,. ,{;o {;.I
Department of Transportation '
1
\IINV^lASNN3d
'uNnO') (i'.f'/l~r.;j:i!fJm
as:j Hd LZ Nor [Q
Attv'lO;;J,L:t,.-il ::i0
38L:Ll[i-G3-:tl
CLEOPHAS J. INMAN, JR.,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 2002-2331, CIVIL
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
DRNER LICENSE CANCELLATION
APPEAL
MOTION TO RELIST THE MATTER FOR HEARING
The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver
Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully
represents as follows:
I. By official notice dated April 30, 2003, the Department of Transportation, Bureau of
Driver Licensing, notified Cleophas James Inman, Jr., that his right to apply for a driver's
license was being denied pursuant to Section 1572 ofthe Vehicle Code as a result of
information received from the State of Ohio indicating that his driving privilege was
suspended. The cancellation was indefinite until the petitioner cleared his operating
privilege in Ohio.
2. The petitioner, Cleophas J. Inman, Jr., filed an appeal of the above-mentioned
cancellation on or about May 15, 2003, in the Court of Common Pleas of Cumberland
County.
3. A hearing in this matter was scheduled for June 30,2003.
Respectfully submitted,
4. By Order dated June 27,2003, the appeal was continued generally for sixty days and the
parties were directed to relist this matter.
5. Since this matter has been continued, the petitioner has cleared his operating privilege in
Ohio. See exhibit number 1. (PDPS print out indicating that petitioner is not suspended
but rather eligible in Ohio.)
6. The Department cannot correct its records and remove the cancellation pursuant to
Section 1572 because the petitioner is restored pending appeal.
7. The undersigned contacted the petitioner's attorney, Karl D. Rominger, Esquire, and he
concurs with granting ofthe Department's motion.
WHEREFORE, the Department respectfully requests that the matter be relisted and that a
hearing be held to allow the Department to enter into evidence documentation relating to the
cancellation with an Order then being issued which remands the matter to the Department to
correct and update its records consistent with the information received from Ohio which
indicates that the petitioner's operating privilege is no longer suspended in Ohio and to rescind
the cancellation pursuant to Section 1572 of the Vehicle Code, which is at issue in this appeal.
;Av'((-IJ o!.~L-
George H. Kabusk, Esquire
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center-3rd Floor
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
Date: March 24, 2005
(') 11..1, t :i 'L fi (r ;::,
';":\','!
T \ t
\"';1;-'" nj) r) ~ :1. f ,':\ i: (" I'
{',J:. !'(;
",_..,' ,_1'-'" '::':",(" ",_I j /!
r:. ,.,> (\::':', '.'-'(j()
UC,:::)\-"-; "()('
or",::,;
'j-(;; (','j I,:',
(\f-,--(: UH C.iHICl
("';,e:,,"') \"d i\.rrJ.ri';UJ.:'l"
":"'.:--''::-'''''''--'
~, (,)
1)(:'\-/<'
r:
1-'_.1,
H "
i"! \',\,,"
i',.,ii"i/\(J;
(i'--/(\I ',i',J ('L :n (.'-'(,!;:,,\;:--.:
'..' Hi;-:~ -.i ":L\'"
Ci e' ~-!,~ 'in;;:'
'\ n;) .t:. c, .-.:' ,(' C i c. ,(, (;
(1 ~';
:'//:""::
':iF"':'"
nl ie
.- ~ '::-: i\!
,ii'
.,..;!' :(f
\F""
\' ..
':,'<,-\';,-,1,.i_
i ':'? (i(3- \,-"\j\ 'j CH
: Cc.CC.i (-i-!(, r;. J:'::ii'i{
(,(l
UP':::: H
(,'\1'.,
.i.
",..,
\""\
/F:,-', .c';"
U i 'r~
('fl,(('
f.'f- -It (
'()
'"
:::-,11'\'1
It
L O(
'I} ir
':)
'" 'J
!'I
C',
('\iT<>
F-:('.:
i';{'
'')\'-',
CLEOPHAS J. INMAN, JR.,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
, .
v.
No. 2002-233 I, CIVIL
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
DRIVER LICENSE CANCELLATION
APPEAL
VERIFICATION
I verifY that the statements made in the Motion to Relist the Matter are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904,
relating to unsworn falsification to authorities.
Date: March 24, 2005
~~uc
George H. Kabusk
Assistant Counsel
Department of Transportation
Riverfront Office Center
110 I South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
CLEOPHAS J. INMAN, JR.,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
. .
v.
No. 2002-2331, CIVIL
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
DRIVER LICENSE CANCELLATION
APPEAL
CERTIFICATE OF SERVICE
I hereby certifY that I am this day serving a copy of the Motion to Relist the Matter upon
the person, and in the manner, indicated below, which satisfies the requirements of the
Pennsylvania Rules of Civil Procedure:
By first class mail, prepaid, addressed to:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
Date: March 24, 2005
~k-
George . Kabusk
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
C? ,...,...) 0
c:;:
r" ( :::~ "11
co
-.,.... "" <
-.'... ~:::.TI
:;.
;.;) 11)'_.
-nl}J
P-;) :!.]!:;
, S
".....
,
':J
-< "'- -;
CLEOPHAS J. INMAN, JR.,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ry
v.
No.200j-2331, CIVIL
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
DRIVER LICENSE CAN CELL TION
APPEAL
ORDER
AND NOW, this ~ day of
(l,12-3 ( t
,'2005, up n
consideration of the Department of Transportation's Motion to Relist, it is liereby 0 DERED
that the above-captioned matter be scheduled for hearing on the C;, fi d~ of
'9~ ' 2005, at / t; .:r' 4-.m., in Courtroom Number Courtr om No. I,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT
1/--r>
,-
J.
DI~RIBUTION:
v<:ieorge H. Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, 1101 So th Front
Street, Harrisburg, PA 17104-2516
~arl E. Rominger, Esquire, 155 South Hanover Street, Carlisle, PA 17013
-/{n~ >;rr'F/
0/3//1'5 /LU
v~~~
~~~
(00
o~~
.;";C' ,J111H
,"" 'j: h',:
c ;~.:~J~J SUOz
. .' , ' . .
(_/.--U',~r;:.::
:~:HL
t,'"'I
:l..,
CLEOPHAS J. INMAN, JR.,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
03-2331 CIVIL TERM
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF:
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
IN RE: APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE
ORDER OF COURT
AND NOW, this 6th day of June, 2005, upon
consideration of Defendant's Appeal from Suspension of Operator's
Privilege, and pursuant to an agreement reached in open court
between the Appellant through his counsel, Karl E. Rominger,
Esquire, and the Commonwealth, Department of Transportation,
directed as follows:
through its counsel, George Kabusk, Esquire, it is ordered and
The matter is remanded to the Department to
correct and update its records consistent with the information
received from Ohio, which indicates that the Petitioner's
operating privilege is no longer suspended in Ohio, and to
subject of this appeal.
rescind the cancellation pursuant to Section 1572, which is the
~~
0'"
':If
{\O
~orge Kabusk, Esquire
PA Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, PA l7l04-25l6
For the Appellee
By the Court,
arl E. Rominger, Esquire
155 S. Hanover Street
Carlisle, PA 17013
For the Appellant
:mae
V!N7J\l.ASl'.Jf ~]d
)J ')n,~r, 1-"'" ,. r"""1"
J' 1'.).' . ":',' :,-";'-"':11..; V
2 0 : II ~IV L - Nnr SOUl
Ai:JV10NOH10Od 3H! ::10
38l:J..1(}{J3lI::l