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Home My WebLink About11-8409BRENT A. GIBSON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. eel? COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, : PENNSYLVANIA DEPARTMENT _ OF TRANSPORTATION, ?W z -M BUREAU OF DRIVER X= ? F -um LICENSING, Zn Appellee r --4C) =C:) c? x,c ca -ar APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Brent A. Gibson, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant resides at 232 Springfield Road, Newville, Pennsylvania 17241. 2. Appellant received Notice dated October 7, 2011, stating that as authorized by Section 1532C of the Pennsylvania Vehicle Code, as a result of his July 25, 2011, conviction, of violating Section 13A16 of the Controlled Substance, Drug, Devise and Cosmetic Act on August 16, 2010, his driving privilege is suspended for a period of 6 months effective November 11, 2011, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Defendant has appealed his conviction with a direct appeal to the Superior Court of Pennsylvania. 4. Defendant's conviction has not yet been finalized, and he has not yet had his Federal Constitutional Right to effective Appellate review. 5. Removing petitioner's license during the pending of the appeal denies him his right to ?Q -erpl - 4,? 2 4 -) 1) /5 appellate review of the conviction which triggers the collateral consequence, as the license suspension will occur and then end before appellate review of the offending Order is completed. 6. This denies petitioner Procedural and Substantive Due Process under the Federal and State Constitutions. 7. This denies Equal Protection to petitioner. 8. Fundamental Fairness requires the license suspension be stayed, to protect petitioner from harm, as if his appeal is successful on the criminal charges, he will be collaterally damaged, without recourse. 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: November 7, 2011 M Rominger, Esquire 1.5'5 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: OCTOBER 07, 201 1"` BRENT A GIBSON WID # 112736180384308 001 232 SPRINGFIELD RD PROCESSING DATE 04/30/2011 DRIVER LICENSE # 20466178 NEWVILLE PA 17241 DATE OF BIRTH 04/16/1466 Dear MR. GIBSON: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 07/25/2011 conviction of violating Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act, on 08/16/2010: ¦ Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 11/11/2011 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 follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. 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 11/11/2011. You may surrender these items before, 11/11/2011, 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 $13.50. 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 following steps to acknowledge this suspension. 112736180389308 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 page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 112736180389308 PROVIDING PROgF 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 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 letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 07, 2011, 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 OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/11/2011. Sincerely, 9;?-u ?-- Z gv),/) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: INFORMATION (8:00 AM TO 5:00 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 TDD OUT-OF-STATE 717-412-5380 BRENT A. GIBSON, 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 t, Date: November 7, 2011 K5 K. Rominger, Esquire 15'5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant BRENT A. GIBSON, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 11-8409 CIVIL TERM ORDER AND NOW, this 9th day of February, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 16th day of April, 2012, at 9:30 a.m., in Courtroom no. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Attest: 4, s ?. Ci7 c Pa BY THE COURT: ?, - ? Karl E. Rominger, Esq., Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 ? Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Cop; es ma.le'l a/oba fW