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Home My WebLink About96-04604 MICHAEL L. BUFFINGTON, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: Cj/..,./..ft.Uj, 19% C,uiltc,.v" vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, RESPONDENT ORDER AND NOW, upon consideration of the Petition of Michael L. Buffington, by his attorney, Darrell C. Dethlefs, for leave to appeal nunc pro tunc from the order of the Commonwealth of Pennsylvania Department of Transportation dated February 7, 1995, it is hereby ORDERED that the time for filing an appeal in this matter is extended and Petitioner is permitted to appeal nunc pro tunc from the order of the Commonwealth of Pennsylvania Department of Transportation dated February 7, 1995, provided such appeal is filed no later than thirty (30) days from the entry of this Order. By the Court, ./. MICHAEL L. BUFFINGTON, PETITIONER IN 11lE COURT OF COMMON PLFAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 9t. ^/t..6:.J 19% e;,-,; l'-Fi ''''I vs, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT AnON, RESPONDENT ~~~LE ~I\ AND NOW l on the Petition of Michael L. Buffington, by his attorney, Darrell C. Dethlls~ for leave to appeal nunc pro tunc from the order of the Commonwealth of Pennsylvania Department of Transportation dated February 7, 1995, a RULE is hereby entered on the Commonwealth of Pennsylvania Department of Transportation to show cause why the time for filing an appeal in this matter should not be, extended. (I.R. ~~(~ '20 JJ.." J RY"'" )tJr\J\e ~ . By the Court. J. ,~ ,,~! 0 , ',' " .. ; '1 " , ) ) I .J ) , " '" .. Department of Public Safety/Division of Motor Vehicles indicating that Petitioner's driving privileges had been suspended in Deiaware. S. The Delaware prosecutor filed a nolle prosequi motion in regards to this matter, and thereby declined to prosecute the alleged charges which led to the suspension of Petitioner's Delaware driving privileges. 6. By reason of the negligent conduct of the State of Delaware Department of Public Safety/Division of Motor Vehicles, Petitioner was prevented from gathering information vital and necessary to defend this matter, both in Pennsylvania and Delaware. 7. Further, by reason of the negligent conduct of the State of Delaware local prosecutor's office, Petitioner was and still is prevented from gathering information vital and necessary to defend this matter, both in Pennsylvania and Delaware. 8. Further, the State of Delaware's local prosecutor's office is unable to document the reason or reasons for the nolle prosequi motion, thereby preventing Petitioner from gathering information vital and necessary to defend and remedy this matter, both in Pennsylvania and Delaware. 9. It is unreasonable and unjust for the Commonwealth of Pennsylvania Department of Transportation to suspend Petitioner's driving privileges when the Delaware prosecutor declined to prosecute the alleged charges which led the suspension of Petitioner's Delaware driving privileges. 10. Petitioner has acted diligently and reasonably in remedying this matter, and further injustice would result by not allowing a nunc pro tunc filing of an appeal of this matter. 950278411000093 INFORMATION (7100 Pittsburgh Area Philadelphia Area Harrisburg Area Toll Free Sincerely, ~. -~,~.~~~ Douglas K. Tobin, Director Bureau of Driver Licensing AM to 6:30 PM) - 412-565-5670 - 215-696-6100 - 717-787-3130 1- 600-932-4600 -. ..,lJ . 0-'"' -' ~., Q - ~ t2. L" .- r ,.'~ . ""-t. ~).:< 0 U.I-'", ")~i~ Q"" c' -"'. tf:-2: ~c::. : .':;:,1 ;s';c t..! (i) ~~ ...... "-" r '"fLU I'- Ll ~':1 ::.\.. ... c:: .'.: to. LO C, 0 U> f) .' '.- r-dj' 11, mguf' .- . . , ," 01 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA MICHAEL L. BUFFINGTON, Pet It loner Y. NO. 96-4604 COMMONWEAL TH OF PA, DEPARTMENT OF TRANSPORTATION Respondent PETITION FOR RULE TO MAKE ABSOLUTE Petitioner, Michael L. Buffington, by his attorney, Darrell C. Dethlefs, Esquire, seeks leave for the Court to enter an Order moking the Rule which was issued on August 20, 1996 absolute and in support thereof, represents os follows: 1. On August 15, 1996, this Court entered a Rule di recting the Commonwealth of Pennsylvania, Department of Transportation to show cause why the time for filing an appeal on this matter should not be extended. 2. The Rule was returnable twenty (20) days from service. A copy of the Rule is attached hereto as Exhibit "A". 3. On or about August 20, 1996, the Rule was served on the Pennsylvania Department of Transportation. 4. By letter dated September 12, 1996, the Commonwealth acknowl edged receipt of the Rule. 5. The Commonwealth of Pennsylvania has failed to show couse whlj the time for filing an appeal in this matter should not be extended. CERTIFICATE OF SERVICE & G,\...\....- AND NOW. this ~ dey of Septelllbel, 1996, 1 do hereby certHy that e true end correct copy of the foregoing PETITION FOR RULE TO MAKE ABSOLUTE hes been served upon the following by piecing the seme in the United Stetes Men, first cless, post pre-poid and addressed as follows: Herold H. Kremer, Esquire Assistant Chief Counsel Commonwee1th of Pennsylvenia Deportment of Transportati on Herrisburg, PA 17123 Respectfully Submitted, LAW OFFICES OF DARRElL C. DETHLEFS " , Dete: By: ,-.--: . .__ Darr-efl C. Dethlefs, Esquire Attorney 10'" 58805 Wagner Building - Suite 205 355 North 21 st Street Camp Hill, PA 17011 (717) 975-9446 (O-II~~~ ,~ *'" - - r( - ~ ~ C> ~ 1 0 N -.'" - '5 ~-' o~ ~~ ~ '..J?i .~ c.. (.)~ J r- ?j.[i; :;JO- I ;dZ u:.~l , ;elm F '.sa LLJ a.. ~ - u.. L.Cl ...,.'": (.) ::> (1) (.) .. . . ., . 89ij cd-- , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA MICHAEL L. BUFFINGTON, Pet It loner Y. NO. c;(~ I/(r,('q (l(~L~_ ( , 1996, upon consIderatIon of the Petlllon of Mlchelel L Buff1ngton for revIew of the Order of the Depllrtment of Transportlltlon suspendIng PetitIoner's operllt1ng privllege, II hellrlng de novo Is granted to determIne whether the llctlon of the Depllrtment of Trllnsportlltlon In suspendIng PetItIoner's operlltlng privllege should be set llstde. A hellrlng on the llbove mlltterlsflxedforVt-d/f/1J:.'}f\UC,r: ,1996at I )/, I]' .m. In Court Room Number lilt Cllrlisle; Pennsylvllnlll. The Prothonotllry Is dIrected forthwith to notify the Depllrtment of Transportlltlon of the Appeal11nd the hearing dllte. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION Respondent ~. ; 11' AND NOW, thts~ day of ORDER 1\/ [C",Ij'lrt \,V , I BV THE COURT: \ J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHAEl. L. BUFFINGTON, Petitioner Y. NO. (H~ - 4-" D 't C~.xl.. COMMONWEAL TH OF PA, DEPARTMENT OF TRANSPORTATION Respondent PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE Petitioner, Mlch6el L.. Buffington, by the undersigned counsel, respectfully pet1t1ons the Court pursu6nt to 75 P6.C.S. S 1550 for review of 6n Order of Dep6rtment of Tr6nsport6t1on suspending operllting privl1ege, 6nd In support thereof represents 6S follows: I. Petitioner, Mlchllel L. Buffington, Is 6n 6dult lndlvldu6! residing 6t 3424 W61nut Street, C6mp H111, Pennsylv6nl6. 2. Petitioner currently possesses 6 V611d PennsylV6nla driver's license which has not heretofore been suspended, canceled or revoked. Petitioner's license number is 19632456. 3. By letter dated February 7, 1995, the Petitioner was notifIed In writing by the Department of Tr6nsportatlon of the entry of on Order suspending his driver's license. A copy of the February 7, 1995 tetter Is attached hereto os Exhibit "A". 4. The letter references a violation which occurred in the State of Delaware. .cv ~ .J" -?f L.o <' ~..., -- , \ , \ :,J " /. / '. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 ~1995. MICHAEL L BUFFINGTON 950278411000093 3424 WALNUT STREET 01/31/1995 19832458 10/19/1962 001 CAMP HILL PA 17011 Pear Motorist: Your right to apply for a driver's license or learner's permit is being denied due to information received from the State of DELAWARE indicating that your driving priVileges are suspended. This denial is authorized by Section 1572 of the Vehicle Code. You will not be able to apply for a driv- er's license or learner's permit until sufficient proof of restoration is received from the State of DELAWARE. In order to comply with this sanction you are required to return any current driver's license, learner's permit andlor temporary driver's license (camera card) in your pos- session no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a letter acknowledging the sanction of your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the PennsYlv&nia State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. When the department receives Your license or acknowl- ed;oem.t;!nt, it .....il1 send you a .receipt. If' you do not I"r~ccive this receipt within 15 days contact the department imme- diately. OtherWise, you may not be given credit toward serv- ing this sanction. Effective Date of Suspension: 03/14/1995, 12:01 a.m. You have the right to appeal to the Court of Common Pleas of the county of Your residence within 3D days of the mail date (FEBRUARY 07, 1995) of this notice. Sending a copy to this department of a timely, filed appeal will stay the depart- ment's action pending a final decision by the court. The copy must be sent by certified mail to: Room 103 Transportation and Safety Building HarriSburg, PA 17120 I I'" " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. BUFFINGTON, Pet! t loner Y. NO. 96-4604 COMMONWEAL TH OF PA, DEPARTMENT OF TRANSPORTATION Respondent ORDER tJ.,. AND NOW, this 15.:. day of f./T,.(", , 1996, It is hereby Ordered that the Petitioner, Michael L. Buffington, has thIrty (30) days from the date of this Order to fIle en 6P~eal from the driving license suspension to his opel1ltor's number 19832458 which suspension was originally issued on February 7, 1995. BV THE COURT: I '; I ,~.j,.,,'}.... !' N-</...I-. v f f: J. TRUE COf>Y FROM RECORD Ifl-:-.'i.~:l;"l\' ~,~,..' I ;,.... I'''~;' t r'" (:'lnd c~~J -':1: :;;..:;:' 0';..;,,;:,'.......:.,..t",~1. ;-',jr"':"'l:~: rJ~'~ it. T'. I'l.tl, , . , /i "", .. 1/ II, <? Coy 0: Cl,t'.C. :..., 19..iL. '/'1' '\ ') ..............>} .:'~.~/~.~ti;~' Exhibit liB" CERTIFICATE OF SERVICE ~/11 AND NOW, this ' doy of November, 1996, I do hereby certify that 0 true ond correct copy of the foregoing PETITIONER hes been served upon the following by plocing the some in the United Stotes Moll, first closs, post pre-paid ond addressed os follows: Commonweolth of Pennsylvonlo Deportment of Tronsportotion Room 103 Tronsportotion and Sofety Bldg. Harrisburg, PA 17120 Respectfull y Submi tted, Dote: LA W OF71CES OF DARRaL C. DETHLEFS ., I \!: i! ,-\-!-----.\'- . By: ,"'/. . Dorrell C. Dethlefs, Esquire A ttorney I D'" 58805 Wogner Building - Suite 205 355 North 2 I st Street Camp Hill, PA 17011 (717) 975-9446 I 'jf ,