Loading...
HomeMy WebLinkAbout13-7484 Supreme Co A� ennsylvania Cou , of-com' nho x Pleas For Prothonotary Use Only: C!ilil 'er Suet ?� l S Docket No: CUM$ aLANI�/ f f t County The information collected on this form is used solely for court administration purposes. This fibrin does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons E Petition Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: T BRAD HENRY COMMOWEALTH OF PA Dollar Amount Requested: 0i within arbitration limits I Are money damages requested? 0 Yes No (check one) Doutside arbitration limits O N Is this a Class Action Suit? OIL Yes ' No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff/Appellant's Attorney: KARL E. ROMINGER, ESQUIRE Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional 0 Buyer Plaintiff Administrative Agencies J Malicious Prosecution Debt Collection: Credit Card ® Board of Assessment J Motor Vehicle Debt Collection: Other ❑ Board of Elections 0 Nuisance Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S IJ Product Liability(does not include Employment Dispute: mass tort) E 0 Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other 0 Zoning Board T Other: I I-i Other: O MASS TORT 0 Asbestos N 0 Tobacco Toxic Tort-DES 'J Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑I Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B a Other: Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial ®Quo Warranto 0 Dental Fir-1 Partition 0 Replevin Legal 0 Quiet Title in] Other: 0 Medical ❑ Other: FF Other Professional: Updated.1/1/2011 BRAD HENRY IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. .3 '7'W( COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, c. <. PENNSYLVANIA DEPARTMENTS-" , rn Cj � OF TRANSPORTATION, :r i-� BUREAU OF DRIVER ` - LICENSING, rr `. Appellee U1 C3 »ti APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Brad Henry, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant whose mailing address is 1330 Goodyear Road, Gardners, PA 17324.. 2. Appellant received Notice dated November 22, 2013, stating that as authorized by Section 1532B of the Pennsylvania Vehicle Code,as a result of violating Section 3736 of the Vehicle Code, his driving privilege is suspended for a period of one year effective December 27, 2013, 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. The underlying conviction has been appealed and the conviction is vacated pending a trial de novo. 5. The Legislature did not intend for a suspension to apply in this instance. 6. Appellant appeals the November 22, 2013, Order of the Department of Transportation. Iy3� 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/,2//I//3 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle; Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant BRAD HENRY IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 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.(-�/fb 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 Mail Date : NOVEMBER 22, 2013 BRADD WEIDNER HENRY WID # 133199283772664 001 1330 GOODYEAR RD PROCESSING DATE 11/15/2013, DRIVER LICENSE # 28591855 GARDNERS PA 17324 DATE OF BIRTH 11/07/1985 Dear MR . HENRY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code . As a result of your 11/14/2013 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 05/11/2013 : ■ Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 12/27/2013 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 12/27/2013 . You may surrender these items before , 12/27/2013 , 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 513 . 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 . 4 i 133199283772664 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 _Dpp-artment 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 three (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" . 133199283772664 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation , we will send you a letter a"sking 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 , NOVEMBER 22 , 2013, 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 12/27/2013 . Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0 : 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 3 BRAD HENRY : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. J3 Jq t 0,14 COMMONWEALTH OF : LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT • OF TRANSPORTATION, • BUREAU OF DRIVER • LICENSING, • Appellee • ORDER OF COURT AND NOW, this A Aid day of 11I A/40 , 201 ;'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 3 / Sl day of(/A A/U/1(LY , Ad/T, at 0: 3d o'clock A m. in Courtroom No. 3 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: C Distribution: m i ` . °z; Office of Chief Counsel -- PA DEPARTMENT OF TRANSPORTATION -n - R c_, -,.- Third Floor, Riverfront Office Center = f i Harrisburg, Pennsylvania 17104-2516 arl E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, Pennsylvania 17013 Q-O lez Daly BRAD HENRY, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-7484 CIVIL TEI4I j DEPARTMENT OF TRANSPORTATION, • --- - 3 BUREAU OF DRIVER LICENSING, • DRIVER LICENSE mr91 �— m--` Respondent • SUSPENSION APPE WI c mac. ORDER -tom 31st 3> 3 ,c AND NOW, this 31 day of January, 2014, the appeal filed in t;-.=borne- captioned matter is: v ? REMANDED to the Department of Transportation for correction of its records. 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 and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the 2- day of w{, , 2014, at cr30 ct .m., in Courtroom Room No. Z of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE CO • J. Attest: Karl E. Rominger, Esq., Roninger &Associates, 155 South Hanover Street, Carlisle, PA 17013 ilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eop ES /12.11- .