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Home My WebLink About01-05268~,~vt ~ ~ zoos ~' COMMONWEALTH OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 6H~8 ANDREW WILLIAM TREESE, Defendant. . y~,~.,d,.~r„«~-dot CIVIL ACTION -LAW , ~Q„~ }- ORDER NOW, this 3 ~S `' day of July, 2001, IT IS HEREBSY~ORD REED ~ DECREED tha Defendant's Petition for Allowance of Appeal Nunc Pro Tunc at~ien~e ef~ri~er'e~iee~e S>,lc}i°~AiLI r'pa, The Pennsylvania Department of Transportation is hereby directed that the Suspension of Defendant's Driv~~r'~~jjLicense is stayed pending the outcome of the scheduled proceeding. ~--- ~ ~.~"~~rnwOCIG.LL ` ~ CouR~tnoo+M ri`S• BY THE tµvNl~Nl-~~d ~f Q<aa ~ oT ~~r~~ww~ v I'_ luq,','~. -x-01 ~ -4- _, r~'~1 v,__ .,: pd`pefl[reese.petstay.wpd 1 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.- ANDREW WILLIAM TREESE, Defendant. CIVIL ACTION -LAW PETITION FOR ALLOWANCE OF APPEAL NUNCPRO TUNC AND PETITION FOR STAY OF DRIVER'S LICENSE SUSPENSION AND NOW comes the defendant, by and through his attorneys, Stone Lafaver & Shekletski, and files the following two Petifions averring as follows: 1. "fhis action began when Defendant received a citation in the mail for Reckless Driving under Title 75 § 3736 §§A Reckless Driving on June 1, 2001 in East Pennsboro Township, Cumberland County, Pennsylvania. 2. Defendant avers that at the time of the incident he was a senior at East Pennsboro Township. 3. Defendant went to the District Justice Manlove on June 20, 2001, and spoke to the clerk at the front desk regarding the citation #A5478540-4. 4. Defendant entered a guilty plea and paid for citation #A5478540-4 at the window with a check for $273.00 on June 20, 2001. 5. Defendant avers that at no time was he advised of appeal rights, hearing rights or the inevitable suspension for six (6) months of his driver's license if the fine were to be paid on the traffic citation. -1- 6. Defendant received an Official Notice of Suspension from Penndot with a mail date of June 28, 2001, that his Driver License #26410615 would be suspended effective 8/02/2001 for six months. 7. Defendant's parents contacted undersigned counsel regarding their son's situation and subsequent appeal rights on July 19, 2001. 8. Undersigned counsel attempted to contact District Justice Manlove's office between the hours of 11:00 a.m. and 1:30 p.m. on July 19, 2001, and a telephone recorded message stated that the office was closed today for "Office Training" and to call back during "normal business hours". 9. Undersigned counsel then telephoned the Prothonotary's Office in the Cumberland County Courthouse and inquired as to why District Justice Manlove's Office would be closed and if another District Justice office would be covering for them. The Prothonotary was not aware of the closed office or of an alternative office. 10. Undersigned counsel then telephoned and spoke to Angie at District Justice Placey's Office to see if they knew why District Justice Manlove's office was closed. She did not know why they were closed, nor was she able to access their computer to find out appeal timeliness. Further, undersigned counsel spoke to District Justice Placey who advised counsel that local district justice offices are incapable of accessing other district office computer files for security reasons. 11. Undersigned counsel was able to contact District Justice Manlove's office on July 23, 2001, and spoke to Robixi, who stated that the office had, in fact, been closed for most of the day, and re- opened for the last 2.5 hours of the day. Evidently, the office was closed for a golf outing. -2- 12. On July 23, 2001, Defendant filed a Notice of Appeal from Summary Criminal Conviction at the Clerk of Criminal Courts of Cumberland County. 13. On July 23, 2001, Defendant attempted to file this same Notice of Appeal time-stamped July 23, 2001, to the Pennsylvania. Department of Transportation in person; however, the clerk at the window refused to accept the Appeal stating that it was too late and untimely. 14. Defendant avers that as a result of the District Justice Manlove's office closure on July 20, 2001, it was impossible for him to file his timely appeal within the required thirty (30) days 15. Defendant avers that he should be permitted to file his appeal to the Court of Common Pleas to the citation, and still have the appeal be considered timely in light of the unreasonable closure of District Justice Manlove's office on the 30"' day of the appeal period for his case. WHEREFORE, Defendant requests that this Court grant Defendant's Petition for Allowance of Appeal Nunc Pro Tunc; that the Court Order a Stay and enter a Supersedeas as to the impending six-month License Suspension of Defendant's Driver's License#26410615 to be effective on August 2, 2001, as ordered by the Pennsylvania Deparhnent of Transportation and order a Hearing in the Matter to determine the timeliness of his appeal. Respectfully I.D. #602 1 414 Bri ge ., .O. Box E New er d, PA 17070 Tele ne (7 1774-7435 Attorneys for Defendant Treese -3- __ ., f pd\mis\1-verif i.aff VERIFICATION Andrew William Treese states that he is the Defendant named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. X4904 relating to unsworn falsification to authorities. ~~ ANDREW WILLIAM TREESE Date: _ ~.. ~ . . . ~~ a ~~~ ~~ ~ ~~ ~ N 'V (J t~ ~ ~ h ~ ~ ~ C r i ( ~ - } - °~ .::: - ;. ". l~~~k. ~ '~ 2pft1 f%~"' COMMONWEALTH OF PENNSYLVANIA, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANDREW WILLIAM TREESE, :CIVIL ACTION -LAW Defendant. ~ ~ _A_~,,,r c~a•-J+- }- ORDER ND NOW, this 3 ~S `~ day of July, 2001, IT IS HEREBY`` O44R,,D~'ddERED AND 9 DECREED tha Defendant's Petition for Allowance of Appeal Nunc Pro Tunc atia-~e~,~el'V efHri+° '~~~~~~' r'A~ The Pennsylvania Department of Transportation is herehy directed that the Suspension of Defendant's Driv r' License is stayed pending the outcome of the scheduled proceeding. L R•~--tRe Cf oug,t2uurvl t~ s, ~~~tR~bktioa C. u w~l~ ~!-~ rd Qtaa DoT ~;.,~r,d A~ fi Coa,r~ BY THE V~ I'p' ~~,1'~'". ,,-~,~,~A \ J. ~. /a . -4- 1 + pd\pet\treese.petstay. wpd COMMONWEALTH OF PENNSYLVANIA, Plaintiff, v. ANDREW WILLIAM TREESE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1548 CIVIL ACTION -LAW PETITION FOR ALLOWANCE OF APPEAL NUNCPRO TUNC AND PETITION FOR STAY OF DRIVER'S LICENSE SUSPENSION AND NOW comes the defendant, by and through his attorneys, Stone Lafaver & Shekletski, and files the following two Petitions averring as follows: 1. This action began when Defendant received a citation in the mail for Reckless Driving under Title 75 § 3736 §§A Reckless Driving on June 1, 2001 in East Pennsboro Township, Cumberland County, Pennsylvania. 2. Defendant avers that at the time of the incident he was a senior at East Pennsboro Township. 3. Defendant went to the District Justice Manlove on June 20, 2001, and spoke to the clerk at the front desk regarding the citation #A5478540-4. 4. Defendant entered a guilty plea and paid for citation #A5478540-4 at the window with a check for $273.00 on June 20, 2001. 5. Defendant avers that at no time was he advised of appeal rights, hearing rights or the inevitable suspension for six (6) months of his driver's license if the fine were to be paid on the traffic citation. -1- _- q - .-...` -. .`- ---- -- - ..-. . f= ~ 6. Defendant received an Official Notice of Suspension from Penndot with a mail date of June 28, 2001, that his Driver License #26410615 would be suspended effective 8/02/2001 for six months. 7. Defendant's parents contacted undersigned counsel regarding their son's situation and subsequent appeal rights on July 19, 2001. 8. Undersigned counsel attempted to contact District Justice Manlove's office between the hours of 11:00 a.m. and 1:30 p.m. on July 19, 2001, and a telephone recorded message stated that the office was closed today for "Office Training" and to call back during "normal business hours". 9. Undersigned counsel then telephoned the Prothonotary's Office in the Cumberland County Courthouse and inquired as to why District Justice Manlove's Office would be closed and if another District Justice office would be covering for them. The Prothonotary was not aware of the closed office or of an alternative office. 10. Undersigned counsel then telephoned and spoke to Angie at District Justice Placey's Office to see if they knew why District Justice Manlove's office was closed. She did not know why they were closed, nor was she able to access their computer to find out appeal timeliness. Further, undersigned counsel spoke to District Justice Placey who advised counsel that local district justice offices are incapable of accessing other district office computer files for security reasons. 11. Undersigned counsel was able to contact District Justice Manlove's office on July 23, 2001, and spoke to Robin, who stated that the office had, in fact, been closed for most of the day, and re- opened for the last 2.5 hours of the day. Evidently, the office was closed for a golf outing. -2- ~- - ._. _. ~i ~ .. s 12. On July 23, 2001, Defendant filed a Notice of Appeal from Summary Criminal Conviction at the Clerk of Criminal Courts of Cumberland County. 13. On July 23, 2001, Defendant attempted to file this same Notice of Appeal time-stamped July 23, 2001, to the Pennsylvania. Department of Transportation in person; however, the clerk at the window refused to accept the Appeal stating that it was too late and untimely. 14. Defendant avers that as a result of the District Justice Manlove's office closure on July 2Q 2001, it was impossible for him to file his timely appeal within the required thirty (30) days 15. Defendant avers that he should be permitted to file his appeal to the Court of Common Pleas to the citation, and still have the appeal be considered timely in light of the unreasonable closure of District Justice Manlove's office on the 30"' day of the appeal period for his case. WHEREFORE, Defendant requests that this Court grant Defendant's Petition for Allowance of Appeal Nunc Pro Tunc; that the Court Order a Stay and enter a Supersedeas as to the impending six-month License Suspension of Defendant's Driver's License#26410615 to be effective on August 2, 2001, as ordered by the Pennsylvania Department of Transportation and order a Hearing in the Matter to determine the timeliness of his appeal. Respectfully I.D. #602 1 414 Bri ge ., .O. Box E New u er ~d, PA 17070 Teledh6ne (7/1 71 774-743 5 Attorneys for Defendant Treese -3- ~~ .m pd\mis\1-verif i.aff VERIFICATION Anclrew William Treese states that he is the Defendant named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ANDREW WILLIAM TREESE Date, ~~~~ s~-~x ., , e, z- .... _ ,p-~x_._ ANDREW WILLIAM TREESE, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 01-5268 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of September, 2001, by agreement of the parties, the defendant is granted leave to file an appeal nunc pro tunc. By the Court, Edward E. Guido, J. Jaime M. Keating, Esquire Chief Deputy District Attorney Elizabeth Stone, Esquire For the Appellant George Kabusk, Esquire For the Commonwealth/Appellee It "'~ _ "_ 9~~-c ea ~ ; nab a~~?t ~n~~ ~~„ ~ ~ b ~s ~~t v~9~ ~1 1¢'p~ In ~r~-~lo~o~r/,. d~~' <e ~ ANDREW WILLIAM TREESE, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA : PENNSYLVANIA DEPARTMENT OF . TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 01-5268 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of September, 2001, the Court having found the defendant not guilty of the Reckless Driving charge, and the defendant having pled guilty to a separate charge of Careless Driving, arising from the same incident, PennDOT is directed to amend their records to reflect what has occurred. By the Court, Jaime M. Keating, Esquire Chief Deputy District Attorney Elizabeth Stone, Esquire For the Appellant George Kabusk, Esquire For the Commonwealth/Appellee It Edward E . G~u`~i.~d~o~, J . 1 ~ -zs~ Q ~ s ~~ F,.g _~_ d3S'1lltiZ n