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Home My WebLink About01-05518~ r JAMES N. GIAMBILIS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF NO.2001-5518 PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION :CIVIL ACTION -LAW AMENDED ORDER OF COURT AND NOW, this 8~ day of OCTOBER, 2001, the order of court dated September 28, 2001, is amended to reflect the date. The hearing is scheduled for WEDNESDAY, DECEMBER 19, 2001, at 8:30 a.m. in Cournoom # 5. By the Edwazd E. Guido, J. John B. Mancke, Esquire For the Defendant George Kabusk, Esquire For the Dept. of Transportation S :sld r JAMES N. GIAMBILIS Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q/- 5S/S ORDER AND NOW, this ~{p` -day of~rLtJ~. , 2001, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the/ day of idGVCP1'IL7G/` , 2001, atg • .~ o'clock in Courtroom ~, Cumberland County A./11. Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the By the t~al/.~9~1 ~ . ~u.i Od, J. "1 ~ 'O, I.t7 YISktl~~°idl'S~ulE0.Y~'d'~e~.6pANt`+LWtl&~thSSF~`Pd~„"''" ''~sVl wu4~^9i~ My/MINa.GV..?Ri~J~'1 J ,'J ~l V 1,11 V I ~~~~ ~v JV J_ .. M , JAMES N. GIAMBILIS Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. GI~~S~~ LICENSE SUSPENSION APPEAL AND NOW, thisal°f'~~day of September, 2001, comes James N. Giambilis, through his attorneys, Mancke, Wagner, Hershey & Tully, who respectfully represent: 1. Your Petitioner is an adult individual residing at 7 Graham Road, Newville, Cumberland County, Pennsylvania. 2. Your Petitioner received notice of a license suspension, a copy of which is attached hereto and made a part hereof as Exhibit A, which indicates a suspension for one year for accumulation of points. 3. Your Petitioner believes that said license suspension is improper, illegal, unjust and an abuse of discretion for reasons which include, but are not limited to, the following: (a) Your Petitioner was not guilty of the violation of §3310 of the Motor Vehicle Code which gave him a total of 11 points; (b) Your Petitioner is appealing the underlying conviction for §3310 and if acquitted and/or if the charge is modified, the suspension is improper as a miscalculation of points; and (c) Your Petitioner does not validly have 11 points on his driver's record. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the license suspension outlined in Exhibit A. Respectfiully submitted, John B. Mancke, Esq., ID No. 07212 Mancke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 ,7 717-234-7051, Attorney for Petitioner Dated: ~_~'1~®~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 SEPTEMBER 14, 2001 JAMES N GIAMBILIS 012509283879321 001 7 GRAHAM ROAD 09/07/2001 23532012 NEWVILLE PA 17241 03/27/1976 Dear Motorist: As a result of your conviction of violating section 3310 of the Vehicle Code FOLLOWING T00 CLOSELY an 09/06/2001, 3 points have been assigned to your record. Your total-point accumulation is 11 points. Since Your point record shows ah accumulation of 11 points, a sanction of 365 DAYCS) is hereby imposed as man- dated by Section 1539 of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license Ccamera card) in your Possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form ar a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecuti-an under SECTION 1~71Ca)(4) ofi the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 10/19/2001, 12:01 a.m . ~; i 012509283879321 Please see the enclosed application far restoration fee in- formation. You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You -have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 14, 2001, 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 certi- fied 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 Sincerely, ~.~_~• . Rebecca L. Bickley. Director Bureau of Driver Licensing SENB r-EE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO.9:00 PM) 1-800-93Z-4600 717-391-6190 1-800-228-0676 717-391-6191 I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswarn falsification to authorities. ~ ~~ a Date aM 3~§S~,~f~~,Wy~btSrv ~ev~.,.ra _nrrt~..lt m`t~f ~~° ~.-~- _ -.., ,~ %: ,, "1 `l~ _,. -" '~ E._ ~ :.~f~l ~C s1 (~ ~. '~ ~S t e JAMES N. GIAMBILIS Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5518 ORbER AND NOW, this` "day of , 2001, it is hereby ordered and L decreed that the hearing scheduled for December 19, 2001 at 8:30 am is continued to T2s. , 200a at am in Courtroom No. 5, Cumberland County .~~ Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Edward E. Guido, J. John B. Mancke, Esq. 0~ ~~ For the Defendant ~$ George H. Kabusk, Esq. ' .~9.~I For the Dept. of Transportation ,, . -, - '`~-' , , __ => I ~J `-~ LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER HARRISBURG, RA ni 10 DAVID E. HERSHEY WILLIAM T. TULLY December 12, 2001 Hon. Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: James N. Giambilis v. Comm. of PA, Dept. of Transportation No. 2001-5518, Hearing Date: December 19, 2001 at 8:30 am Dear Judge Guido: PHONE p17) 234-]051 FAX (71 ])234-7080 Please be advised that we have been informed that the underlying summary violation appeal is being resolved in such a matter that Mr. Giambilis will not have 11 points, rendering the license suspension hearing moot. However, I am currently recovering from surgery and will be unable to be at the above-captioned hearing and doubt that we will have the underlying documentation to Penn Dot by that date. I am requesting a continuance of the hearing and we have contacted George Kabusk who has no objection to the granting of a continuance to a date certain. Prior to that date we will have the documentation sent to George and resolve this matter prior to the new hearing date. I am enclosing a composed Order for your convenience. Very truly yours, John B. Mancke JBM/hrc Enclosure cc: George H. Kabusk, Esq. _. ..~ i I ~. r ~ JAMES N. GIAMBILIS Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5518 PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned license suspension appeal. R S ully submitted, Joh B. Mancke, Esq., ID No. 07212 Ma ke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: ~° -~(m-Odd -~ _ ~1~,ea~..7,h~~~~u~.s~~~a~s+m.e r~~wu~~ - aav~usmn ~dNq 1tlY1 ~:.w.r..u.,~,~~, _ J.. .~ r ;, . ,. ~ ~ ~cc~ '''' , ; ~~ ~ ~; ~r] -4c d'~ .::tom . '~ '~, ~ ~- ~~Cr7 -.a n '} JAMES N. GIAMBILIS Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent r- ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5518 PRAECIPE TO WITHDRAW `.: n n ~-; ~ '~ ~~ - r~ ~ as '~ ?' Z N -'r C13~: ~(~-j G's ':J :~ =; Cli _ To the Prothonotary: y Please withdraw the above-captioned license suspension appeal. ~ ~ ~ Res tfip~ ully submitted, )v..t_.- Joh B. Mancke, Esq., ID No. 07212 Ma ke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney fior Petitioner Dated: ~~a~-Ov, LAW OFFICES MANCKE, WAGNER, HERSHEY &TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER HARRISBURG, PA I]I10 DAVID E. HERSHEY WILLIAM T. TULLY February 26, 2002 HAND-DELIVERED Hon. Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 FE B 2 6 2002 PHONE (]1]) 234-]051 FAX (71]) 234-]080 RE: James N. Giambilis v. Comm. of PA, Dept. of Transportation, No. 2001-5518 License Suspension Appeal hearing scheduled for March 1, 2002 at 8:30 am Dear Judge Guido: Please find enclosed copy of correspondence from George H. Kabusk, Esq. relative to the corrected driving record of my client, James Giambilis. As the above-captioned hearing is now unnecessary, I have also enclosed aclocked-in copy of our Praecipe to Withdraw. Should you have any questions, please do not hesitate to contact me. Very truly yourst `~.. ohn B. Mancke JBM/hrc Enclosures cc: George H. Kabusk, Esq. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER-THIRD FLOOR 1101 SOUTN FRONT STREET HARRISBURG, PENNSYLVANIA 171042516 VOICE: (717)787-2830 TELEFAX: (717) 70Sll22 February 21, 2002 John B. Mancke, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Re: James N. Giambilis v. Commw. of Pa., DOT, BDL, Cumberland County, 2001-5518, License Suspension Appeal Dear Attorney Mancke: The Department has been informed that your client was found not guilty of a violation of Section 3310 of the Vehicle Code, violation date July 7, 2001. Please be advised that the Department deleted the violation of Section 3310 of the Vehicle Code and rescinded the associated 365 day suspension pursuant to Section 1539 as a result of his accumulation of 11 points. The Department added a violation of 3361, violation date July 7, 2001 and added the two points associated with that violation bringing your client's point total to 10 points. Please find attached computer printouts. confirming the same. A hearing is scheduled for March 1, 2002, at 8:30 a.m. in Courtroom No. 5, Cumberland County, Carlisle. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal or by having a hearing and having the matter dismissed of as moot. If you choose to file a praecipe to withdraw, kindly provide me with a copy of the praecipe so that I may close-out my file. If you have any questions, please feel free to call me. Sincerely, ~~ George H. busk Assistant Counsel _... C7201500 2DL01510 TRAFFIC SAFETY INQUIRY LIST A0730309 02/21/02 Customer 23532012 GIAMBILIS,7AMES,N Interlock Cntr Date of Birth 03/27/76 six Point Cntr suspension Gntr 003 Total Points Driver Privilege: viol/occ section Convict Date viol Date Action 07/07/01 3361 12/12/01 ASSIGN POINTS 01/11/02 DELETE 11/28/01 NO ACT HEAR Next Trans Date =__> 13-SUBMENU 17-PDPS 21-FIRST ~~ ~~,~ c~ 00 DUI Cntr 00 02 CDL DQ Cntr 00 10 CDL Major Cntr: 00 CDL STO CNTR 00 Trans Unc Eff Rein chng st D Date ind Date Ts Pts Cnt Cy q -------- - -------- - --- --- -- - 09/07/O1 02 002 00 10/02/01 00 001 00 11/28/01 00 00 15-RETURN .~ 2DL01510 TRAFFIC SAFETY INQUSRY LIST >~ • a comer 23532012 GIAMBILI5,7AMES,N interlock Cntr : 00 gate of Birth 03/27/76 Six point Cntr 02 Suspension Cntr 004 Total Points 11 Driver Privilege: HE PS A073030F 09/27/01 Dug Cntr 00 CDL DQ Cntr 00 CDL Major Cntr: 00 CDL STO CNTR 00 Viol/OCC Section Convict - Trans Unc Eff Rein Chng St D Date ---- Viol -- ---- Date -------- ACtiOn --------- ---- Date 2nd ------- - Date TS Pts Cnt -------- - - -- Cy Q -- -- ~. 04/18/01 - - 33236 06/08/01 - HEARING-TYPE 2 - 06/11/01 -- - 03 -- - 21 . 04/18/01 ACCIDENT 06/18/01 00 21 . 07/07/01 3310- 09/06/01 susP Acc prs 09/07/01 10/19/01 0 48 ~ ~ 1~ Next-Trans Date =__> 13-SUBMENU 17-PDPS 21-FIRST 15-RETURN