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Home My WebLink About07-5055COREY L. BOYD, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Q ? - ~ d S ~ c ; J , i -1--~r~. LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Cory L. Boyd, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant resided at 348 Hill Top Road, Newburg, Pennsylvania 17240. 2. Appellant received Notice dated July 26, 2007, that as a result of his July 18, 2007, conviction, of violating Section 1371 of the Pennsylvania Vehicle Code, Drive while Reg. suspended/revoked on July 7, 2007, his driving privilege was being suspended for a period of three months, effective August 30, 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 his license is improper. 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner is in the process of filing a summary appeal of the conviction in the Court of Common Pleas in Cumberland County. c. Petitioner was told by the District Justice staff that his plea would not affect his driving privileges. 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 & Associates Date: August 23, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant COREY L. BOYD, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 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 & Associates Date: August 23, 2007 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: JULY 26, 2007 COREY L BOYD WID ~ 072009283558726 001 348 HILLTOP RD PROCESSING DATE 07/19/2007 DRIVER LICENSE ~ 24025267 NEWBURG PA 17240 DATE OF BIRTH 10/10/1976 Dear MR. BOYD: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 07/18/2007 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/RENO on 07/07/2007: ^ Your driving privilege is SUSPENDED for a period of 3 MONTH(S) efifiective 08i30i2007 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 fiollow ALL instructions very carefiully. Even ifi you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfiied. 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 08/3u/2007. You may surrender these items before, 08/30/2007, 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 S10.00. You must present two (2) forms of proper identification (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 license(s). Complete the fallowing steps to acknowledge this suspension. ~li~b~ ~- "(~ u , 072009283558726 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 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: 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 license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT 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. 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(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 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 (listed on the first Rage) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. 072009283558726 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspensionlrevacation, we will send you a letter asking that You provide proof of insurance 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 litter. APPEAL You have the right to appeal this action to the Gourt of Common Pleas (Civil Division) within 30 days of the mail date, JULY 26, 2007, 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 OFFICIA4 NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/30/2007. Sincerely, ~~e~ Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.0. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 {") f'-J r ? {~ ~~-~ ~ _~ u s .. ~ '--~ ..5.- .~3-~ n - !'~ ^~` i\ h "~"1 l [ ~. W _._.. `~ ^c a Po °` r v COREY L. BOYD, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AllG 87' 2007 ~'"~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Q 7- ~6 S~ G y J~, ~ -f Lrn. LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~ day of 2007, upon consideration of this Appeal Fran Suspension Of Operator's Privile e, it is Ordered that a hearing on the matter shall beheld on the 4~ ~ day of 407 , at a%~ o'clock m. in Courtroom No. c~ of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) fJ-) until such time that this Honorable Court resolves this appeal. By the Court: Distribution: O ce of Chief Counsel A DEPARTMENT OF TRANSPORTATION , Third Fl ;•River&ont Office Center . Hazris g, Pennsylvania 17104-2516 ~-- 1 E. Rominger, Esquire OMINGER & ASSOCIATES 155 South Hanover Street Cazlisle, Pennsylvania 17013 _ tissC~ ~ ?<. - k L- ~~ ~ (/`s l , ~ ~~~ COREY L. BOYD, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-5055 COMMONWEALTH OF :LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this ~~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 27~` day of December, 2007, at 9:30o'clock a. m. in Courtroom No. ~ of the Cumberland County Courthouse. This hearing has been rescheduled from November 26, 2007, at 1:30 p.m. 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: ffice of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Floor, Riverfront Office Center Ha/rrisburg, Pennsylvania 17104-251 f ~1 E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, Pennsylvania 17013 ~" ~ ~- ~k ~ J t V! .r ' t .. j'^ M~ G~ V COREY L. BOYD, Appellant V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-5055 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of December, 2007, upon agreement of the parties, the appeal from a suspension of operating privilege scheduled for this date is continued and rescheduled for 11:00 a.m., Thursday, March 6, 2008, in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. George H. Kabusk, Esquire For the Department of Transportation Karl E. Rominger, Esquire For Appellant prs l~b 6~' m~.[~ «/zs~~? ~ r- ~' ~--- - %~ ..~ ~ a :.~ ~=- f7'''''''~' ~.~ '1.~ l.L. ~ CJ ~_, ~.~ .J CV COREY L. BOYD, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5055 CIVIL TERM ORDER OF COURT AND NOW, this ~~~day of February, 2008, the hearing scheduled for March 6, 2008, IS CANCELLED and rescheduled to Monday, April 14, 2008, at 3:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By th~c~[i"r~; " Karl Romin er Es uire 9 q For Petitioner Edgar B. Bayley, J. George Kabusk, Esquire For the Department of Transportation :sal Co ~ ES ~n~. l~~ P ~1~Q~o8 -~ c~'+ ~.. ~ ~ "~'= .. ~ _ ~` `_ - ~ -: C`.2 ~ S b ~ r~i u ~- ,.~,,, iY . .. - ~~ ~~ t~.~ ~_-~ C..S . t....~ COREY L. BOYD, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5055 LICENSE SUSPENSION APPEAL PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above referenced matter. Respectfully submitted, Rominger & Associates Date: March 28, 2008 1 E. Rominger, Esquire 15 5 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant H ~~ ~~ ~+ ^'F ~ '~ ~ . - 7 ~~ A , _ ~. *.~ 'it ~"' .-~ .~„f ~ " w