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Home My WebLink About05-2840 JENNA FREDERICK Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA N CJs'- :2'i''10 ~ lob-. o. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Appellee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Jenna Frederick, by and through her attorney, Karl E. Rominger, Esquire, at the Law Offices of Rominger, Bayley & Whare, and respectfully avers the following: 1. Jenna Frederick, is Appellant and resides at 14 Timber Lane, Hanover Pennsylvania 17331. 2. Respondent is the Department of Transportation, Bureau of Driver Licensing in Harrisburg, Pennsylvania. 3. Appellant received Notice dated May 20, 2005, stating that as a result of her alleged violation of Section 6308 and as mandated by Section 1532D of the Vehicle Code, her driving privilege was being suspended for a period of one year, effective June 24, 2005 at 12:01 a.m. A copy is attached hereto as Exhibit "A". 4. The Appellant submits that until final resolution of her criminal matter is achieved, any suspension of her driving rights and privileges is unconstitutional. 5. A suspension violates her rights of due process and equal protection under Article 1. Section 8 and Article 1. Section 9 of the Federal and Pennsylvania Constitutions. 6. Appellant sent a Notice of Appeal to PennDOT on May 3, 2005, well within the 30 days allowable by law to appeal a summary conviction. However, within the 30 days appellant had to exercise her appeal rights, PennDOT improperly sent appellant a Notice of Suspension on May 20, 2005. 7. The Pennsylvania Department of Transportation lacked independent authority to administratively suspend or revoke the license in question, because a Summary Appeal was filed, and a Summary Appeal vacates the findings and order ofthe District Justice, and as such there was no finding of guilt or Order by any Court, either of record, or not of record, and thus PennDOT lacked statutory authority to act and/or subject matter jurisdiction to act. 8. The Pennsylvania Department of Transportation does not have the authority to suspend Appellant's driving privileges when the underlying matter resulted in no conviction. 9. The Department of Transportation also has no authority to suspend a license where there is no underlying conviction. 10. It violates public policy and well settled notions oflaw for an agency of this Commonwealth to determine that an appeal de novo is equivalent to a finding of guilt. 11. It is believed that the Pennsylvania Department of Transportation is without subject matter jurisdiction to enter or seek a license suspension where the charge has been appealed de novo. 12. A Supersedeas is appropriate in this matter if and until these issues can be resolved, Date: especially given the high likelihood of success by Appellant/Petitioner. 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 Vehic1e Code, for the just reasons stated above. Respectfully submitted, ROMINGER, BAYLEY & WHARE L ~ n"7 >( 1-06~- Karl E. Rominger, Esqurie 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant JENNA FREDERICK Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 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 upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George Kabusk, Esquire PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, ROMINGER, BAYLEY & WHARE ?---- ~arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PAl 70 I3 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Date/J}1Hj .3/, ::JOO~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 20, 2005 JENNA LEIGH FREDERICK 14 TIMBER LANE HANOVER PA 17331 WID I 051336194588801 001 PROCESSING DATE 05/13/2005 DRIVER LICENSE I 27328933 DATE OF BIRTH 12/05/1985 Dear MS. FREDERICK: As a result of your violation on 04/29/2005 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1532D of the vehicle code. The e~~ective date o~ suspension is 06/24/2005, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH TH I S SUSPENSION, PAYING THE RESTORATION FEE and PROVIDI NG PROOF OF INSURANCE. You should ~ollow ALL inst~uctions Ve~y ca~e~ully. EVen i ~ you have se~ved all the time on the suspension/~evocation, we cannot ~esto~e you~ d~iving p~iv- ilege until all the ~equi~ements a~e satis~ied. 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 06/24/2005. You may surrender these items before, 06/24/2005, 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 iden- tification (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 ~eceive 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 PennDOT. If you do not have any of these items, send a sworn nota- 051336194588801 rized 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 licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, 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 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. 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 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 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. 051336194588801 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 20, 2005, 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 06/24/2005. SincerelY, ~~.~ Rebecca L.. Bickley, Director Bureau of Driver L.icensing IN STATE OUT-OF-STATE WEB SITE AODRESS INFORMATION 7:00 a.m. to 9:00 p.m. 1-800-932-4600 TDD IN STATE 717-391-6190 TDD OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-391-6191 ~R- -0 Z, --:,' ~ ~, , \ 'd r-.".) C.':I C:::) ':';-"1 , . ,~,~ ", CJ ,/ RECEIVED JUN 022005"" JENNA FREDERICK Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- d r<.fO ~ COMMONWEALTH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL Appellee ORDER OF COURT AND NOW, this 3~ day of ~ ,2005, 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 Ili~ day of ~, e;ooS'" , at o'c1ockg:J6"~. in Courtroom No. Sr of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (I) until such time that this Honorable Court resolves this appeal. J. Law Offices of Rominger & Bayley, 155 South Hanover Street, Carlisle, P A 17013 Karl E. Rominger, Esquire Distribution: P A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ~ /7'y>" /, Ii t. -t)(. ,() 5 9-. VIN'v'ti1ASNN3d I 'NnO"" r' U'" '~';'''dn'' I\..L . '_.,r '.~'!' ~~~J:JI'~ V SO :8 Wd 8- Nnf SOOl At!vl0NOHlOdd 3Hl :lO d~H:lo-a:l1l:l JENNA FREDERICK Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No s-- ;L :i' 'fo Ct.;...J (.b-. o. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Appellee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Jenna Frederick, by and through her attorney, Karl E. Rominger, Esquire, at the Law Offices of Rominger, Bayley & Whare, and respectfully avers the following: I. Jenna Frederick, is Appellant and resides at 14 Timber Lane, Hanover Pennsylvania 17331. 2. Respondent is the Department of Transportation, Bureau of Driver Licensing in Harrisburg, Pennsylvania. 3. Appellant received Notice dated May 20,2005, stating that as a result of her alleged violation of Section 6308 and as mandated by Section 1532D of the Vehicle Code, her driving privilege was being suspended for a period of one year, effective June 24, 2005 at 12:01 a.m. A copy is attached hereto as Exhibit "A". 4. The Appellant submits that until final resolution of her criminal matter is achieved, any suspension of her driving rights and privileges is unconstitutional. 5. A suspension violates her rights of due process and equal protection under Article L Section 8 and Article L Section 9 of the Federal and Pennsylvania Constitutions. 6. Appellant sent a Notice of Appeal to PennDOT on May 3, 2005, well within the 30 days allowable by law to appeal a summary conviction. However, within the 30 days appellant had to exercise her appeal rights, PennDOT improperly sent appellant a Notice of Suspension on May 20, 2005. 7. The Pennsylvania Department of Transportation lacked independent authority to administratively suspend or revoke the license in question, because a Summary Appeal was filed, and a Swnmary Appeal vacates the findings and order of the District Justice, and as such there was no finding of guilt or Order by any Court, either of record, or not of record, and thus PennDOT lacked statutory authority to act and/or subject matter jurisdiction to act. 8. The Pennsylvania Department of Transportation does not have the authority to suspend Appellant's driving privileges when the underlying matter resulted in no conviction. 9. The Department of Transportation also has no authority to suspend a license where there is no underlying conviction. 10. It violates public policy and well settled notions of law for an agency of this Commonwealth to determine that an appeal de novo is equivalent to a finding of guilt. II. It is believed that the Pennsylvania Department of Transportation is without subject matter jurisdiction to enter or seek a license suspension where the charge has been appealed de novo. 12. A Supersedeas is appropriate in this matter if and until these issues can be resolved, Date: especially given the high likelihood of success by Appellant/Petitioner. 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, ROMINGER, BAYLEY & WHARE '"/ /7'17 )~ 1-06" Karl E. Rominger, Esqurie 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Appellant JENNA FREDERICK Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Appellee 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 upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George Kabusk, Esquire P A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, ROMINGER, BAYLEY & WHARE /----- /lZarl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Date/lJ;;.-y .3/, :JO{)~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 20, 2005 JENNA LEIGH FREDERICK 14 TIMBER LANE WID I 051336194588801 001 PROCESSING DATE 05/13/2005 DRIVER LICENSE I 27328933 DATE OF BIRTH 12/05/1985 HANOVER PA 17331 Dear MS. FREDERICK: As a result of your violation on 04/29/2005 of violating Section 6308 (offenses related to alcohol>, your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section l532D of the vehicle code. The effective date of suspension is 06/24/2005, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH TH I S SUSPENSION, PA YI NG THE RESTORA nON FEE and PROVID I NG PROOF OF INSURANCE. You should follow ALL 1nst~uct1ons ve~y ca~efully. Even if you have se~ved all the time on the suspens1on/~evocat1on, we cannot ~esto~e you~ d~1v1ng p~1v- 1lege until all the ~equ1~ements a~e 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 06/24/2005. You may surrender these items before, 06/24/2005, 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 iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~ece1ve c~ed1t towa~d se~v1ng any suspension until we ~ece1ve you~ l1cense(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 PennDOT. If YOU do not have any of these items, send a sworn nota- 051336194588801 rized 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 licenseCs), learner's permitCs), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If YOU do not re- ceive 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 pro- ducts, we must refer this matter to the PennsYlvania State Police for prosecution under SECTION 1571 Ca) (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 Clisted 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. 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 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 make sure that move from your current address. your address change by calling listed at the end of this letter. PennDOT is notified if you You may notifY PennDOT of any of the phone numbers . . 051336194588801 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 20, 2005, 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 06/24/2005. Sincerely, ~~.W% Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. 1-800-932-4600 TDD IN STATE 717-391-6190 TDD OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-391-6191 IN STATE OUT-OF-STATE WEB SITE ADDRESS fX) ~. .......... <", z -..J' ~ i~ ~ ~fr . . - r-j C,;. 0 c---, -[1 ~_n r"_ ~~" :---. I ( ) ~ ~ l",.~ o JENNA FREDERICK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-2840 COMMONWEALTH OF PENNSYL VANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Defendant PRAECIPE TO WITHDRAW Please discontinue the above captioned matter on behalf of the Plaintiff. Respectfully submitted, Rominger, Bayley & Whare Date( (01, JC/ c: / 7- ....._~--- ----Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JENNA FREDERICK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-2840 COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the Praecipe to Withdraw upon the following by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George H. Kabusk, Esquire Commonwealth of Pennsylvania Department of Transportation Riverfront Office Center )'d F[oor [ [0 [ South Front Street Harrisburg, Pennsylvania [7 [04-25 [6 District Attorney Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania [70[3 Respectfully submitted, Rominger, Bayley & Whare Date: fc:6 7 2()()~ , -/ ..~ Kar[ E. Rominger, Esquire [55 South Hanover Street Carlisle, Pennsylvania 170[3 (7 [ 7) 24 [ -6070 Supreme Court ID # 8 [924 Attorney for Plaintiff n ~=~ ( " r---,," <::~.) c.;;.:) <\~ o -n ...., "T" h,:t: f--- .',:,) [T~ ~:)r:;:] l<_ ! ~':-;:) -)~S 'Srn ~! :.0 .< ..." rq C:J I -' ~ ::T:: (.)