HomeMy WebLinkAbout04-6031
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO: D If .- Ce 0.1 ,
CHRISTINA R. ROGERS
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
: LICENSE SUSPENSION APPEAL
APPEAL FROM SUSPENSION OF OPERATOR'S
PRIVILEGE NUNC PRO TUNC
AND NOW comes the Appellant, Christina R. Rogers, by and through her attorney, Karl
E. Rominger, Esquire, at Rominger, Bayley & Whare, respectfully avers the following:
1. Appellant resides at, 88 Mooredale Road, Carlisle, Pennsylvania, 17013.
2. Appellant received Notice dated October 22,2004, stating that as a result of her
alleged violation of Section 1543A of the Vehicle Code on August 20, 2004, her driving
privilege was being suspended for a period of one year, effective November 26,2004, at 12:01
a.m. A copy is attached hereto as Exhibit "A".
3. Suspension is improper in
(a) Defendant has an underlying criminal appeal pending in York County.
(b) Defendant was mistakenly told that pleading guilty would not result in a
license suspension.
(c) Defendant learned of the suspension through this PennDot action and is taking
steps to appeal the summary conviction.
4. Defendant was not represented by counsel and therefore was unaware of her appellate
rights.
5. It would be unjust and violate due process and equal protection to punish petitioner for
relying upon the Commonwealth's inaccurate representations as to the collateral consequences of
her plea.
WHEREFORE, your Appellant respectfully requests this Honorable Court to
schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas
pursuant to the Vehicle Code, for the just reasons stated above.
Respectfully submitted,
9-
Date: fJee j ZOO 5'
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
CHRISTINA R. ROGERS
v.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO:
: LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day
served a copy of the Notice of Appeal Nunc Pro Tunc upon the following by depositing same in
the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as
follows:
!Joe / lr
Date: J ~61
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center,
Harrisburg, PA 17104-2516
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
~
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 22, 2004
CHRISTINA R ROGERS
88 MOORED ALE RD
APT 4
CARLISLE PA 17013
WID t 042899283150261 001
PROCESSING DATE 10/15/2004
DRIVER LICENSE t 25433011
DATE Of BIRTH 10/30/1980
Dear MS. ROGERS:
This is an Official Notice of the suspension of your Driving
Privilege as authorized by Section +S43 of the .Pennsylvania
Vehicle Code. As a result of your 10/14/2004 conviction of
violating Section 1543A of the VehiC1.rtOde-- DRIVING WHILE
SUSP/REVOKE on 08/20/2004:
· Your driving privilege is SUSPENDED for a period of 1
YEAR(S) effective 11/26/2004 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 ~equi~ements 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 11/26/2004. You may
surrender these items before, 11/26/2004, 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 $10.00. 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 following
steps to acknowledge this suspension.
042899283150261
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 dr i v ing p r i v i lege. Vou must speci fy in your
letter why YOU are unable to return your driver's
license. Remember: Vou may not retain your driver's
license for identification purposes. Please send these
items to:
rer.n3yl~ania Department of Trans~urtation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your Pennsylvania
driver's licensees), 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.
PAVING THE RESTORATION FEE
Vou 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.
042899283150261
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 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
}isted at the 9nd of this 19tter.
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 22, 2004, 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 11/26/2004.
Sincerely,
~~.~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
AM TO 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
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CHRISTINA R. ROGERS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION NO: 04-6031
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
: LICENSE SUSPENSION APPEAL
PETITION FOR LEAVE TO FILE AN APPEAL NUNC PRO TUNC
FROM SUSPENSION OF OPERATOR'S
PRIVILEGE
AND NOW comes the Appellant, Christina R. Rogers, by and through her attorney, Karl
E. Rominger, Esquire, at Rominger, Bayley & Whare, and requests permission to file an appeal
Nunc Pro Tunc and in support of avers as follows:
1. Appellant resides at, 88 Mooredale Road, Carlisle, Pennsylvania, 17013.
2. Appellant received Notice dated October 22, 2004, stating that as a result of her
alleged violation of Section 1543A of the Vehicle Code on August 20,2004, her driving
privilege was being suspended for a period of one year, effective November 26, 2004, at 12:01
a.m. A copy is attached hereto as Exhibit "A".
3. Suspension is improper in
(a) Defendant has an underlying criminal appeal pending in York County.
(b) Defendant was mistakenly told that pleading guilty would not result in a
license suspension.
(c) Defendant learned of the suspension through this PennDot action and is taking
steps to appeal the summary conviction.
4. It would be unjust and violate due process and equal protection to punish petitioner for
relying upon the Commonwealth's inaccurate representations as to the collateral consequences of
her plea.
5. Appellant had until November 22,2004, to file an appeal to the suspension.
6. Defendant was not represented by counsel and therefore was unaware of her appellate
rights.
7. Defendant filed an appeal Petition on December 2, 2004 which was denied by an Order
of Court dated December 7, 2004. (Attached as Exhibit B)
8. This request follows.
WHEREFORE, your Appellant respectfully requests this Honorable Court grant
her permission to file an appeal nunc pro tunc and in the meantime to grant a Supersedeas
pursuant to the Vehicle Code, for the just reasons stated above.
Respectfully submitted,
"'M~,/
p" ~
.."",~"
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PAl 70 13
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
Date: December 9,2004
CHRISTINA R. ROGERS
v.
COMMONWEALTH OF
PENNSYLV ANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO: 04-6031
: LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day
served a copy of the Petition/or Leave to File An Appeal Nunc Pro Tunc upon the following by
depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania,
addressed as follows:
Date: December 9,2004
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center,
Harrisburg, PA 17104-2516
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
/
,
~-
,/
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 22, 2004
CHRISTINA R ROGERS
88 MOORED ALE RD
APT 4
CARLISLE PA 17013
WID t 0428992831502b1 001
PROCESSING DATE 10/15/2004
DRIVER LICENSE t 25433011
DATE Of BIRTH 10/30/1980
Dear MS. ROGERS:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section +643 of tbe,Pennsylvania
Vehicle Code. As a result of your 10/14/2004 conviction of
violating Section 1543A of the Veh.icJ.e'Coae/DRIVING WHILE
SUSP/REVOKE on 08/20/2004:
· Your driving privilege is SUSPENDED for a period of 1
YEARCS) effective 11/26/2004 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 i., you have served all the time on the
suspension/revocation, we cannot restore your driving
privilege until all the requirements are satis'fied.
COMPLYING WITH THIS SUSPENSION
You must return all current PennsYlvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in your possessjon on or before 11;26/2004. You may
surrender these items before, 11/26/2004, for earlier
credi t ; however, you may not dri ve 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 $10.00. 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 licenseCs). Complete the following
steps to acknowledge this suspension.
C./ /1 A ('
~~/J/b/t /1
042899283150261
1. Return all current Pennsylvania driver's licenses,
learner's permi ts 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:
renn3ylvania Department uf Transpurtation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your PennsYlvania
driver's licensees), learner's permit(s), and/or a sworn
notarized letter, PennDOT will send YOU a receipt
conf irming the date that credit began. I f yoU do not
receive a receipt from us within 3 weeks, please contact
our office. Otherwise, YOU will not be given credi t
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.
042899283150261
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 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
~isted at the .nd of this l~tter.
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 22, 2004, of this letter. Z'f you 'f1le an
appeal 1n the County Court I the Court will g1ve yOU a
time-stamped cert1'f1ed 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 OFFICZAL NOTICE OF SUSPENSZON. You
must return all current PennsYlvania driver license products
to PennDOT by 11/26/2004.
Sincerely,
~~.~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/Dl-16lC/TO:
Department of Transportation
Bureau of Driver licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-Of-STATE
AM TO 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
::.-- I CI } t, Lf
A 1- ~ J ': j J -}
CHRISTINA R. ROGERS, :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANJA
v,
CIVIL ACTION - LAW
COMM:ONWEALTH OF
PENNSYL V ANlA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
NO. 04-6031 CIVIL TERM
ORDER OF COURT
AND NOW, this 7th day of December, 2004, upon consideration of Appellant's
appeal from license suspension, and it appearing that the appeal is untimely and that
permission has not been sought or granted to file the appeal nunc pro tunc, the appeal is
dismissed, without prejudice to Appellant's right to file a petition to be permitted to
appeal nunc pro tunc.
BY THE COURT,
K~l-E. Rominger, Esq.
155 South Hanover Street
/Carlisle, P A 17013
( ,
Attorney for Appellant
George Kabusk, Esq.
Pa. Department of
Transportation
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Appellee
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CHRISTINA R. ROGERS, :
v.
COMMONWEAL TH OF
PENNSYL VANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF DRIVER
LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 04-6031 CIVIL TERM
IN RE: PETITION FOR LEAVE TO FILE AN APPEAL
NUNC PRO TUNC FROM SUSPENSION OF
OPERATOR'S PRIVILEGI~
ORDER OF COURT
AND NOW, this 11th day of February, 2005, upon consideration of the attached
letter from Karl E. Rominger, Esq., attorney for Christina R. Rogers, the hearing
previously scheduled for February 14, 2005, is rescheduled to Monday, May 2, 2005, at
9:30 a.m., in Courtroom No, I, Cumberland County Courthouse, Carlisle, Pennsylvania.
~rl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Appellant
~ge Kabusk, Esq.
Pa. Department of Transportation
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Appellee
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BY THE COURT,
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Romincer Ba~le~ L Whare
7172416878
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LAW OFFICES
law@romingerlaw.com
www.rum;ngerJaw.com
155 SUUTH HANOVeR S IRHI
CARLISLE, PENNSYLVANIA 17013
KARL E. ROMINCER, Esq,
MARK F, BAYLEY, Esq.
MICHAEl J. WHARE, ESQ.
TEL 717.241.6070
FAX: 717.241,6878
February 10,2005
The Honorable J. Wesley Oler, 1r.
One Courthouse Square
CarlisJe, PA 17013
Via Fax Only: 240-6462
RE: CHRISTINA ROGERS
DOCKET NO. 04-603 I
Dear Judge Oler:
This letter is to request that the Nunc Pro Tunc he:aring scheduled for Monday,
February 14.2005, be eontinucd generally as my client has an underlying appeal pending
in Y urk Cuunty and the continuance is necessary until the matter in York County is
resolved, Attorney George Kabusk who is representing PennDol has been contacted and
hc has no objection to the matter being continued and requests that the matter he
rescheduled by the Court. Further it is possible the Petition will be withdrawn ifthc
matter in York is rcsolvcd against Petitioner.
In the meantimc, if you have any questions, do not hesitate to contact me.
SiPC~Y.
~~-
/' Karl E. Rominger, Esquire
KER/ljj
cc. Christina Rogers
Georgc Kabusk
Via Fax Only: 705- 1122
ADVOCACY - ADVICE
-,
ANSWERS
CHRISTINA R. ROGERS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, BUREAU
OF DRIVER LICENSING
NO. 04-6031 CIVIL TERM
IN RE: PETITION FOR LEAVE TO FILE AN APPEAL NUNC PRO
TUNC WITHDRAWN
ORDER OF COURT
AND NOW, this 2nd day of May, 2005, upon
consideration of Appellant's Petition for Leave To File an Appeal
Nunc pro Tunc from Suspension of Operator's Privllege, and
pursuant to a motion of Appellant's counsel, Karl E. Rominger,
Esquire, at the hearing scheduled in this matter, the Petition
for Leave To File an Appeal Nunc pro Tunc is deemed withdrawn.
By the Court,
!
,
"
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J./ Wesley
,
I
j
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
For Appellant
J
eorge Kabusk, Esquire
Pa. Department of Transportation
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
For Appellee
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