HomeMy WebLinkAbout98-02347
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JAMES W. RUNSHA W,
PI~TI1'IONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
I'ENNSYLVANIA
v.
No. 98.2347 Civil
. COMMONWEALTH Olf PENNSYLVANIA,:
DEP ARl'MENl' OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
LICENSE SUSPENSION APPEAL
DEPARTMf:Nl' OF TRANSPORTATION'S RESPONSE; TO RUU TO SHOW CAIlSE
AND NOW comes the Department of Transportation (hereinafter referred to as
"Department") by and through its attorney, George H. Kabusk, Assistant Counsel, and hereby
responds to the Order of COllrt dated May 5, 1998 as follows:
I. Admitted in part, denied In part. Admitted to the extent that the petitioner's address of
record with the Department from JUlie 23, 1993, to July 12,1997, was 125 South Penn Street,
Shippensburg, P A 17257; denied to the extent that the petitioner's address of record with the
Department from July 12,1997, to Apri/30, 1998, was 12386 Mongul Hill Road, Shippensburg,
PA 17257; and from April 30, 1998, to present is 4535 Scottland Main Road, Chambersburg,PA
1720 I.
2. Admitted in part, denied in part. Admitted to the extent that the petitioner has been
issued Pennsylvania driver's license 23338671, denied to the extent that the petitioner's
operating privilege has been suspended for one year effective April I, 1998.
3. Admitted.
4. Admitted.
'r"
5. Admitted,
6, Denied,
7, Denied, the Departmcnt is with Insufficicnt knowlcdgeor Infol"mation to form a belief
as to the assertions in paragraph 7 and thereforc denics the samc,
NEW MATTER
I. On or about April 27, 1998, thc pctitioncr, Jamcs W, Runshaw filed a "Petition for
Appeal Nunc Pro Tunc from the Order of the Director of the Bureau ofTraffic Safety
Suspending Operating Privileges,"
2, On May 5, 1998, a Rulc was issued upon the Department to show why the relief
requested by the petitioner should not be granted.
3. The Department of Transportation notified the petitioner by notice dated and mailed
February 25, 1998, that as a result of a conviction on January 28, 1998, of section 1543B of the
Vehicle Code on October 10, 1997, his operating privilege was suspended for one year effective
April 1, 1998,
4, The petitioner filed the appeal of the Iiccnse suspension on or about April 27, 1998,
which is'more than thirty days from the date on which the notice was mailed.
5, Petitioner's appeal is untimely,
6. The motorist's address of record with the Department from July 12, 1997, to Apl'i130,
1998, was 12386 Mongul Hill Road, Shippensburg P A 17257,
7, The Department on Febnlary 25,1998, mailed the notice of suspension to 12386
Mongul Hill Road, Shippensburg PA 17257.
8, The Department's records indicate that the notice mailed on February 25, 1998, was
returned as unclulmcd to the Dl\partmenl.
9, A person with II Pennsylvunia driver's liecnse is rcquired to notify the Depnrtmcnt allY
changc of uddress, 75 I'll, C'.S, 1515, Scc IJepartl/lellt of TrQ/l.lportation, Bureau of Driver
Llcen,dng v. Cem, 1451'n, Commw, 647,604 A,2d 1135 (1992),
to, This court hlts no jurisdiction to heur ltl1untimely uppelll unless thcre urc grounds for
appealing nunc pro tunc, Kulic'k I'. Department of Trall,~portatiIJ1l, Bureau of Driver Licensing,
666 A,2d 1148 (Pn, Cmwlth. 1995), appeal denied, 544 Plt, 616, 674 A.2d 1077 (1996),
11, A court may grunt u nunc pro tUlle uppeal only in the extraordinury circumstunces
involving fraud or breakdown in the udministrutive or judielnl process. Kulick v, Departmellt of
Trall.~portatloll, Oureallllf Driver Licellslng, 666 A.2d 1148 (Pn, Cmwlth. 1995), appc!al
denied, 544 Pa, 616,674 A.2d 1077 (1996),
12, The motorist's mere allegation of denying receipt of the noticc of suspension is
insufficicnt to entitle petitioner a nunc pro tunc nppeul, Department of Tran'~J1ortation, Bureau
of Driver Licen.~i"g v. .!oh"so", 434 Pa, Super, 1,641 A.2d 1170 (1994); Departme"t of
Tran.~portatio", Bureall oj'Drivel' Licen,dng v, Gelormino, 160 Pa, Commw, 12,636 A,2d 224
(1993),
13, Delay caused by the petitioner's failure to properly notify the Department of his
change of address docs not constitute breakdown of the system to entitle petitioner to a nunc pro
tunc appeal. Korrell v, Department oj' Trall,~p(Jl'tation, Bureau oj' Driver Licen,~ing, 122 Pa,
Commw, 96, 551 A.2d 398 (1988), appeal dellled, 525 Pa. 606, 575 A,2d 171 (1990),
14, The Department may proceed with the license suspension evcn if the petitioner
appeuled the underlying criminal conviction for the summary offense, Department of
Tran,~p(matioll, Bureall of Driver Licensing I'. Zavodsky, 161 Pa, Commw. 421,637 A,2d 673