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Home My WebLink About09-0496STEVEN BOGDEN, 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 APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Steven Bogden, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant resides at 12 Patton Road, Mechanicsburg, Pennsylvania 17055. 2. Appellant received Notice dated December 31, 2008, stating that as authorized by 75 Pa. C.S. 3804 (E) (2)(i) of the Pennsylvania Vehicle Code, as a result of his October 9, 2008, conviction, of violating Section 3 802 (A)(1) of the Pennsylvania Vehicle Code, DUI General Impairment on September 4, 2007, his driving privilege was being suspended for a period of one year, effective April 23, 2009, 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. He has never been previously convicted under 75 Pa.C.S. 3802. 5. He 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 J compact in section 1581". 6. Under the plain language of the statute the Department thus lacks authority to suspend his license. 7. The Legislature did not intend for a suspension to apply in this instance. WHIlAEFORE, 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: January 30, 2009 Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant J an_ LJ %o. 1Cy °. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 31, 200: STEVEN SCOTT BOGDEN WID O 083596322056230 001 12 PATTON RD PROCESSING DATE 12/24/2008 DRIVER LICENSE # 14336206 MECHANICSBURG PA 17055 DATE OF BIRTH 04/27/1959 LICENSE IN BUREAU Dear MR. BOGDEN: 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 10/09/2008 conviction of violating Section 3802A1 of the Vehicle Code OUI GENERAL IMPAIRMENT on 09/04/2007: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/23/2009 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVID1NG PROOF OF-INS RANCE 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 wake 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 letter. ?X- -7 1 `7-ZegI-(_g 8-1 :, 'e' w bI? "A `/ f ' ar. '3. 2009 2.33'M 7176918678 083596322058230 ?o. iL' 9 ?• 2 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 31, 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 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. Sincerely, 9?u ?-- 16 1? vft) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 -TOD OUT-OF-STATE 717-412-5380 STEVEN BOGDEN, 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: January 30, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant ?-..J !.? ?? ,1 ?% !: =? qYy?,?, (? ? .... t E ? ? '.`??? E ??. ? t f ?,,. cj 1:.. 7 ? rv _ .. - ... KS ?. ?., ? r r V' 10 STEVEN BOGDEN, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee FEB 0 2 2CC94 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00(1 T LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of , 2009, 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 a? day of , 2009, at o'clock -A-_ 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: J. Distribution: C/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 LL j `?i V?INVA-AS N3d ? S : I I NV C- 933 6W COMMONWEALTH OF PENNSYLVANIA DEPARTMEIS[T OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON Assist nt Counsel Attorney I.D. No. 204296 RIVERFRO OFFICE CENTER, 3d FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-283 DEPART? BUREAU STEVEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :ALTH OF PENNSYLVANIA } NO. 09-0496 1T OF TRANSPORTATION, DRIVER LICENSING } VS. r )TT BOGDEN } LICENSE SUSPENSION APPEAL ORDER AND NOW, this 2r day of May, 2009, 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 2009, AT _.m., IN COURTROOMMEARING ROOM NO. OF THE SCHUYLKILL COUNTY COURTHOUSE, POTTSVILLE, PA. BY THE COURT: J. Attes arl E. ominger, Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 ier J. Johnson, Office of Chief Counsel, Riverfront Office Center 3d Fl., 1101 S. Front St., g, PA 17104 0 'e s inbl L£CC l? =Z17'I f i s .6 wv 6Z Avw6uz