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Home My WebLink About08-2928DAWN M. SHUGHART, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P SYLVANIA No. ('?? ?? Gave?M LICENSE SUSPENSION 91 AND NOW comes the Appellant, Dawn M. Shughart, by and E. Rominger, Esquire, and avers the following: 1. Appellant resided at 920 Hamilton Street, Carlisle, Pennsylvania 170 2. Appellant received Notice dated April 21, 2008, that as a result of 11, 2008, of violating Section 1543A of the Pennsylvania Vehicle Susp/Revoke on February 2, 2008, her driving privilege was being of one year, effective April 21, 2008, at 12:01 a.m. A copy is «A„ 3. The administrative order of the Pennsylvania Department of his license is improper. 4. Petitioner believes such suspension is illegal, unjust and improper include, but are not limited to the following: a. Petitioner is not guilty of the underlying pffense; her attorney, Karl violation on April Driving While for a period hereto as Exhibit suspending reasons which b. Petitioner is in the procof filing a summary appeal of the nviction 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. Date: May 8, 2008 Respectfully submitted, Rominger & Associates marl E. Rominger, Esqui e 155 South Hanover Stree: Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 8194 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 04/14/2008 DAWN M SHUGHART WID # 0810592 3253728 001 920 HAMILTON ST PROCESSING DATE 04/14/2008 DRIVER LICENSE # 25400512 CARLISLE PA 17013 DATE OF BIRTH 10/08/1966 Dear MS. SHUGHART: The action which was indicated on the Official Notice that you received with an effective date of 04/14 2008 has been removed from your record. The action that wa removed is: Authority Code: 1533A Description: FAIL TO RESPOND TO A CITAT ON This notice only applies to the action listed above. Any other action of which you have been notified remains in effect. If this action makes you eligible to drive ou will receive additional correspondence advising you of tyat fact. Sincerely, Janet L. Dolan, Dir ctor Bureau of Driver Li tensing INFORMATION (8:00 AM to 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TOO IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 21, 20086416--, DAWN M SHUGHART WID # 0810592 920 HAMILTON ST PROCESSING DAT DRIVER LICENSE CARLISLE PA 17013 DATE OF BIRTH Dear MS. SHUGHART: 3909164 001 04/14/2008 # 25400512 10/08/1966 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 04_/11/2008 conviction of violating Section 1543A of the Vehicle Code DRIVI G WHILE SUSP/REVOKE on 02/08/2008: ¦ Your driving privilege is SUSPENDED for a per od of 1 YEAR(S) effective 04/21/2008 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving Privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) n your possession IMMEDIATELY. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENT FICATION 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 o proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order t 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 permits and/or camera cards to Penn OT. 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 081059283909164 2. 3. license. Remember: You may not retain your river s license for identification purposes. Please se id these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized letter. Penn OT will send you a receipt confirming the date that credit begins. If you do not receive a receipt from u 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. If you do not return all current driver license products, we must refer this matter to the Pen sylvania State Police for prosecution under SECTION 1 71(a)(4) of the Pennsylvania Vehicle Code. 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 insurance at that time. This letter will list acceptable documents and what will be needed if you do not own vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notifii move from your current address. You may notify Pi your address change by calling any of the phone listed at the end of this letter. APPEAL You have the right to appeal this action to the Common Pleas (Civil Division) within 30 days of date, APRIL 21, 2008, of this letter. If you file in the County Court, the Court will give you a tim certified copy of the appeal. In order for your be valid, you must send this time-stamped certifie the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 !d if you :nnDOT of numbers Court of the mail 3n appeal a-stamped appeal to i copy of 081059283909164 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license roducts to PennDOT IMMEDIATELY. Sincerely, Janet L. Dolan, Dir Bureau of Driver Li SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION IN STATE OUT-OF-STATE TOO IN STATE TDD OUT-OF-ST 9 ") ctor ensing :00 AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 TE 717-412-5380 DAWN M. SHUGHART, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee No. : LICENSE SUSPENSION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby served a copy of the Appeal From Suspension Of Operator's Privilege depositing same in the United States Mail, first class postage prepaid, at addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, Rominger & Associate Date: May 8, 2008 that I this day the following by Pennsylvania, Kdl E. Rominger, Esq ire 155 South Hanover Street Carlisle, Pennsylvania 7013 (717) 241-6070 Supreme Court ID # 81 24 Attorney for Appellant MO W n r , t rV G=? cv I m 'T3 co q Fn :ID Q DAWN M. SHUGHART, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee wroa' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No- : LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 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 X3/11 day of 12008, at o'clock _q m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time 4a e??? z that this Honorable Court resolves this appea V 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 & ASSOCIATES 155 South Hanover Street Carlisle, Pennsylvania 17013 CFI 'es m '.! 6C s/?V?oB ?rr? ? a• f 94 :Z Wd E I AVW 6DQZ AdViCkZH dd 3H i ?O g01140--O?JLA DAWN M. SHUGHART, Apellant V. : COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 08-2928 CIVIL TERM AND NOW, this 31TH day of June, 2008, 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. CONTINUED AND RESCHEDULED FOR THE DAY OF , 2008, AT _.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. BY THE COURT: Attest: Karl E. Rominger, Esq., Rominger & Associates, 155 South Hanover St., Carlisle, PA 17013 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief y Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104- 2516 'f 04 6kck ?. -n ?,,, ?5 ark t' Ale- /-14L 10 --