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Home My WebLink About08-2103DAVID WAYNE BIXLER, 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. 0 Y- 70 3 e t; J -T- 1- LICENSE SUSPENSION APPEAL. APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, David Wayne Bixler, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant resided at 10 Ladnor Lane, Carlisle, Pennsylvania 17015. 2. Appellant received Notice dated March 13, 2008, that as a result of his, conviction on March 5, 2008, of violating Section 3362 of the Pennsylvania Vehicle Code, Exceeding Maximum Speed on March 5, 2008, his driving privilege was being suspended for a period of one year, effective April 14, 2008, 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. 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: April 1, 2008 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 Harrisburg, PA 17123 MARCH 13, 2008 DAVID WAYNE BIXLER WID # 080669283205184 001 10 LADNOR LN PROCESSING DATE 03/06/2008 DRIVER LICENSE # 19963828 CARLISLE PA 17015 DATE OF BIRTH 05/14/1963 Dear Motorist: As a result of your conviction of violating section 3362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 03/05/2008, 4 points have been assigned to your record. Your total point accumulation is 13 points. Since your point record shows an accumulation of 13 points, a sanction of 365 DAY(S) is hereby imposed as mandated by Section 1539 of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 04/17/2008, 12:01 a.m. 080669283205184 Please see the enclosed application for restoration fee information. You will be notified of any outstanding restoration requirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 13, 2008, 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 Sincerely, 9?x ?-- - Z W, O*C"') Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 DAVID WAYNE BIXI.ER, 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. 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: April 1, 2008 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant C) Tu oqs j 00 3 :TJ DAVID WAYNE BIXLER, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee APR 0 4 2008 A" t( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. D$ - A103 bvi( Tern, LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 7 day of , 2008, 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 day of p , 2008, at /10 30 o'clock 4_ 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: O e of Chief Counsel A DEPARTMENT OF TRANSPORTATION Third Floor Riverfront Office Center 7-ii g, Pennsylvania 17104-2516 ominger, Esquire J.MINGER & ASSOCIATES J 155 South Hanover Street Carlisle, Pennsylvania 17013 CF? cn =? Cl- _ Q CS U c•s DAVID WAYNE BIXLER, 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. 08-2103 : LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: Kindly withdraw the License Suspension Appeal at the above captioned docket on behalf of the Appellant, David Wayne Bixler and cancel the hearing now scheduled for June 12, 2008. Date: June 9, 2008 Respectfully submitted, ROMINGER & ASSOCIATES JI&L- r U.0Karl E. Ro r, Esquire 155 South Hanver Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant CC. George Kabusk, Esquire Penn Dot Via Facsimile and First Class Mail ?? ? °' ? , { r ?' ? ? ? ? ?=' ? Sri