HomeMy WebLinkAbout08-0219IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
EDWIN J. MACNAMARA .
VS. No.: 0p- a t LSA
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
LICENSE SUSPENSION APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes Petitioner, Edwin J. MacNamara, by and through his attorney,
David E. Hershey, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this
Appeal and in support thereof, avers as follows:
1. Petitioner, Edwin J. MacNamara, is a licensed driver in the Commonwealth
of Pennsylvania with a residence address of 25 Wagner Drive, Carlisle, Cumberland
County, Pennsylvania 17013
2. The Department of Transportation, Bureau of Driver Licensing has a mailing
address at 1101 South Front Street, Harrisburg, PA 17104.
3. Petitioner received a notice of a fifteen (15) day suspension from the
Bureau of Driver Licensing with a mail date of December 12, 2007, marked as Exhibit
"A" attached hereto and incorporated herein by reference.
4. The action proposed by the Department in Exhibit "A" is illegal, improper,
or invalid for some or all of the following reasons:
a. The underlying conviction for special speed limitations, 75 Pa.C.S. 3365(b) is
presently pending on summary appeal in the Adams County Court of Common
Pleas;
b. The suspension is otherwise in violation of the vehicle code and/or case law.
WHEREFORE, Petitioner prays that your Honorable Court enter a supersedeas
relative to this matter and schedule a hearing on the merits.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
- zz -
by: rshey, Esquire
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
Dated: January 10, 2008
VERIFICATION
verify that the statements made in this document are true
and correct to the best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Respectfully submitted,
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Dated: Z ` Ct le-)
EXHIBIT "A"
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: DECEMBER 12, 2007
EDWIN J MACNAMARA WID # 073399283877720 001
25 WAGNER DR PROCESSING DATE 12/05/2007
DRIVER LICENSE # 18610542
CARLISLE PA 17013 DATE OF BIRTH 10/06/1959
LICENSE IN BUREAU
Dear MR. MACNAMARA:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1544 of the Pennsylvania
Vehicle Code. As a result of your 12/04/2007 conviction of
violating Section 3365B of the Vehicle Code, SPECIAL SPEED
LIMITATIONS, on 11/06/2007:
¦ Your driving privilege is SUSPENDED for a period of 15
DAY(S) effective 05/24/2008 at 12:01 a.m.
Instead of assigning points to your driver's license record,
Section 1544 of the Vehicle Code requires PennDOT to extend
any existing suspension 5 days for each point that would
have been assigned to your driver's license record. There-
fore, PennDOT is assigning this additional 15 DAY(S) sus-
pension to your current suspension.
This suspension is in addition to any other suspensions al-
ready on your record.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, DECEMBER 12, 2007, 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
Remember, this is an OFFICIAL NOTICE OF SUSPENSION.
073399283877720
Harrisburg, PA 17104-2516
PennDOT will notify you of the hearing date and time. All
hearings are conducted in Harrisburg.
Sincerely,
Janet L. Dolan, Director
Bureau of Driver Licensing
INFORMATION 8:00 a.m. to 6:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676
OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380
WEB SITE ADDRESS www.dmv.state.pa.us
CERTIFICATE OF SERVICE
On the 10th day of January 2008, 1 certify that a copy of the foregoing petition
was served upon the following attorney for the Commonwealth of Pennsylvania by First-
class Mail, as follows:
George Kabusk, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street
Harrisburg, PA 17104
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
- zz
by: avid rshey, Esquire
13 est Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
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'aA1"n21l1r 1
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
EDWIN J. MACNAMARA
VS. No.: QS -aq Ciqi LSA
. `Term
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
ORDER
AND NOW, this day of .ley 2008, upon consideration
of the attached Appeal and the reasons su ftorting samis,
IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this
case is hereby scheduled for the d 'day of , 2008 at 16; 36 m.
in Courtroom No. __V_ of the Cumberland Coun Courthouse, One Courthouse
Square, Carlisle, Pennsylvania.
Pursuant to Section 1550 of the Motor Vehicle Code, the Department of
Transportation is hereby Ordered to stay the proposed suspension of petitioner's
operating privileges until such time as this case can be decided on its merits.
Judge
Distribution:
Court Administrator, Cumberland County ourthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013
David E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019
George Kabusk, Esquire, Pennsylvania Department of Transportation
Office of Chief Counsel, 1101 South Front Street, Harrisburg, PA 17104
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DaviddD. Bueff
1tothonotary
xirkS. Sohonage, ESQ
Solicitor
Wfnee X Simpson
151 Deputy (rothonotary
Irene E. Morrow
2nd Deputy 1tothonotary
Office of the Prothonotary
Cumberfand County, Pennsylvania
68 - z ! CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square @ Suite 100 0 Carlisle, DA 17013 • (717 240-6195 0 Fa.Z (717 240-6573