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Home My WebLink About08-4833 Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Mark Duane Lewis MARK DUANE LEWIS vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: Q ?- y?3 3 C ?vI ?eln? CIVIL APPEAL LAW APPEAL FROM LICENSE SUSPENSION PETITION FOR LEAVE OF COURT TO FILE A NUNC PRO TUNC APPEAL FROM NOTICE OF SUSPENSION OF DRIVING PRIVILEGES AND NOW comes the Petitioner, Mark Duane Lewis, by and through his attorneys, Caldwell & Kearns, and presents the following Petition for Leave of Court to File a Nunc Pro Tunc Appeal from Suspension of Driving Privileges. 1 2 3 4. The Petitioner, Mark Duane Lewis, is an adult individual who resides at 5215 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Your Petitioner is licensed as a motor vehicle operator by the Commonwealth of Pennsylvania, Department of Transportation, License No. 29340671. On July 25, 2008, the Petitioner appeared in person for the Respondent at a customer service location for purposes of obtaining an identification card. At that time, the Petitioner was informed that he had received a one-year license suspension that began on May 27, 2008 due to an alleged refusal to submit to chemical testing on January 2, 2008. 5. This was the first time that the Petitioner became aware of said suspension. 6. The Petitioner never received a suspension notice from the Department of Transportation regarding the one-year suspension that allegedly began on May 27, 2008. 7. The Petitioner was informed by PennDOT via letter dated August 7, 2008 that an "Official Notice" informing him of the suspension was returned to PennDOT as "unclaimed mail on May 5, 2008. See exhibit "A". 8. The Petitioner's driving history reveals that the "Official Notice" was mailed on April 22, 2008. 9. It is unknown if the suspension notice was mailed to the Petitioner's correct address. 10. Petitioner had previously received other correspondence from PennDot at his current address. 11. While the Petitioner acknowledges his arrest on January 26, 2008 for driving under the influence, the Petitioner believed that he did not refuse the test for chemical testing. 12. After reviewing the DVD of the alleged refusal, counsel for the Petitioner avers that the Petitioner did not refuse chemical testing and that any such judgment by law enforcement officials was arbitrary and capricious. 13. Petitioner requests permission to file an appeal at this time nunc pro tunc so that a hearing can be held on the merits of the case. 14. The lack of notice to the Petitioner may have been due to an administrative error or a breakdown in the communication process by PennDOT. In the alternative, it is within the Court's equitable powers to grant relief under the circumstances. WHEREFORE, your Petitioner respectfully requests this Honorable Court to grant permission to the Petitioner to allow an appeal nunc pro tunc of the suspension notice allegedly mailed to the Petitioner on April 22, 2008. Date: 8/7 /-) g Respectfully submitted, CALDWELL & KE RNS B as ? arsico, Esquire Atto y I.D. No. 69804 363 North Front Street Harrisburg, PA 17110 (717) 232-7661 0?;'27!229^ P_S:17 DIA03 (P-P7) Mark Duane Lewis 5215 Stuart Drive Mechanicsburg, PA 17055 Dear Mr. Lewis: August 7, 2008 PAGE 02/02 I am responding to your recent request for information on your drivizi r xecoxd-: - According to PennDOT records, the 'Official Notice" informing you of the suspension of your driving privilege was returned to PennDOT as unclaimed mail on May 6, 2008. Pen.nDOT does naot re-send these notices after they are returned. You are welcome to contact my office at (717) 787-2'977, or Teresa Martin at (717) 787-7673, if you need further information. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing Driver iftfiber 29340671 D 717-705-1110 COUNTER SERVICES COMMONWEALTH OF PRNNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PENNSYLVANIA 17104-2516 CERTIFICATE OF SERVICE AND NOW, this ?? day of 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the Certified Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 CALDWELL & KEARNS B arsico, Esquire o OD?rNo. 69804 3631 ont Street Harrisburg, PA 17110 (717) 232-7661 136515 ITT ni 77 00 < MARK DUANE LEWIS, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4833 CIVIL TERM IN RE: PETITION FOR LEAVE OF COURT TO FILE A NUNC PRO TUNC APPEAL FROM NOTICE OF SUSPENSION OF DRIVING PRIVILEGES ORDER OF COURT AND NOW, this 20th day of August, 2008, upon consideration of the above petition, a hearing is scheduled for Friday, October 17, 2008, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, on the issue of whether Petitioner will be permitted to appeal nunc pro tunc. A SUPERSEDEAS is granted in this matter only to the extent mandated by statute. BY THE COURT, Auglas K. Marsico, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Petitioner J.; s ey Ole', Jr., J. S A c s .01 w 1 z `NIll IoZ t.d?j hilip Bricknell, Esq. epartment of Transportation Office of Chief Counsel Riverfront Office Center, P Floor 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot :rc MARK DUANE LEWIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent 08-4833 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 17th day of October, 2008, upon consideration of Petitioner's Petition for Leave of Court to File a Nunc Pro Tunc Appeal from Notice of Suspension of Driving Privileges and following a hearing, the record is declared closed and the matter is taken under advisement. /Douglas K. Marsico, Esquire 3631 North Front Street Harrisburg, PA 17110 For the Petitioner .//Philip M. Bricknell, Esquire Office of Chief Counsel 1101 South Front Street- 3rd Floor Harrisburg, PA 17104-2516 For the Respondent pcb les 7 By the Court, ';liNVAIASN N3d 1 0 : E Wd ZZ 130 HE Ju l . lS E 3 # ?Hi JO IOM-j o-(B ILA MARK DUANE LEWIS, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-4833 CIVIL TERM IN RE: PETITION FOR LEAVE OF COURT TO FILE A NUNC PRO TUNC APPEAL FROM NOTICE OF SUSPENSION OF DRIVING PRIVILEGES ORDER OF COURT AND NOW, this 20d' day of October, 2008, upon consideration of Petitioner's Petition for Leave of Court To File a Nunc pro Tunc Appeal from Notice of Suspension of Driving Privileges, and following a hearing held on October 17, 2008, the petition is denied. J - Douglas K. Marsico, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Petitioner -"/Philip Bricknell, Esq. Department of Transportation Office of Chief Counsel Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot :rc t iS rr1a L LL /%- z `o, -'r,-, l BY THE COURT, VNVA IAS`IN: 4 =ono t I cC Wd I Z 130 OOOZ KdVlONVA'iUUd Hi ?O 30122 0--OMY