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Home My WebLink About05-2553 Petition for Review of Order of Department of Transportation Suspending Operating Privilege Joseph J. Mashinski, Appellant '1 ,,/- OJ/' ~ 01--' J 3 c.;".l - lev,.,.. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant Joseph J. Mashinski, respectfully petitions the Court pursuant to 75 Pa. Const. Stat. Ann. S 1550 for review of an order of the Department of Transportation suspending appellant's operating privilege, and in support thereof represents as follows: 1. Appellant Joseph J. Mashinski is an adult individual residing at 4179 Kittatinny Drive, Mechanicsburg, P A 17050. 2. Appellant currently possesses a valid driver's license issued to him on 11123/2002, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated May 09,2005, appellant was notified in writing the Department of Transportation of the entry of an order suspending his driver's license for the following reasons as set forth in the notice: failure to attend a Departmental Hearing. A copy of the notice is attached. 4. Suspension is improper because petitioner never received notice of Departmental Hearing and would like to request one. WHEREFORE, appellant respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Canst. Stat. Ann. S 1550 and that the order of the Department of Transportation be set aside. Joseph J. Mashinski 4179 Kittatinny Drive Mechanicsburg P A, 17050 4179 Kittatinny Drive Mechanicsburg, PA 17050 May 18,2005 Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dear Office of Chief Counsel, I am writing this letter to infonn you about the situation surrounding my notice oflicense suspension. The speeding ticket I received leading to this suspension was issued on 81 South while on my way to work at the Cumberland County Courthouse as a law clerk for the Honorable Kevin A. Hess. The ensuing confusion has ultimately led to my notice of suspension. After a continuance was filed by the ticketing officer, I was unable to attend my hearing because of a last minute family situation. I was subsequently found guilty and paid my fine. However, I do not recall ever receiving notice of a Departmental Hearing to detennine the disposition of the case and any point concerns. I am a 2005 graduate of the Dickinson School of Law and have been a law clerk for Honorable Kevin A. Hess for the past year. I am scheduled to begin study for the Pennsylvania Bar Exam following Memorial Day. I will need my car to drive to and from class for the better part of the summer. I respectfully request that I am granted another Departmental Hearing and this suspension be set aside. Sincerely, ....-Joseph.}.91. ski 'hI \ ../.. v;f / ~ f;/H :' (/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 09, 2005 JOSEPH JOHN MASHINSKI 4179 KITTATINNV DRIVE MECHANICSBURG PA 17050 WID' 051226543929800 002 PROCESSING DATE 05/02/2005 DRIVER LICENSE' 24681206 DATE OF BIRTH 08/13/1978 Dear Motorist: Due to your failure to attend a Departmental Hearing, an indefinite sanction is imposed as mandated under Section 1538 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 (camera 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 or 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 prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. 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 SANCTI ON. The effective date of suspension is 06/13/2005, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. 051226543929800 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 09, 2005, of this letter. If YOU file an appeal in the County COU~t, the Cou~t will give yOU a time-stamped ce~tified COpy of the appeal. In order for your appeal to be valid, yOU must send this time-stamped certified 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 SEND FEE/LICENSE/DL-16LC/TO: 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 TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~ ~ ~~, ~ -l'\ ~~ " )-> \ <s~ (fI\ . \ \J\ "'- r;~~?, ~~.:) >i-1 CJl .--\ _-. rt- rio, c:.-c --, - .. .s;;- "'- :,-n - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOSEPH J. MASHINSKI APPELLANT, :FILE NO: oS- ~ ,;lSsJ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION APPELLEE. CERTIFICATION OF SERVICE I, Joseph J. Mashinski, appellant, hereby certify that a true and correct copy of the foregoing Petition was served upon Pennsylvania Department of Transportation, Office r' j of Chief Counsel, via First Class Certified Mail, I (; (; 03 90 00 0 3 )fo 3) Q 1- 6 '5 Return Receipt Requested, May 18th, 2005, to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 171 04-2516 Joseph 1. Mashinski 4179 Kittatinny Drive Mechanicsburg P A, 17050 (717)421-3554 o c.- r:; '~ 2J' -,~. .-, ~'f", ".-' ~. ~--'-. ~ ...-; r'o'" - .' <J' ..- JOSEPH J. MASHINSKI V. : IN THE coul'n OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION: 05-2553 CIVIL TERM ORDER OF COURT AND NOW, this 21 st day of June, 2005, because of a conflict, the case is assigned to be heard by the Honorable John D. Kuhn of the Court of Common Pleas of Adams County. 1.// ./ /;// ''''//rf ) "President Judge ( // ~GeOrgeE. 0 cc: o JOSEPH J. MASHINSKI Appellant RECEIVED MAY 18 2005 rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTlON--LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Appellee -- '}/.- O~ ~~~~"..J NO. CIVIL TERM ORDER OF COURT AND NOW, this 18th day of May, 2005, upon consideration of Appellant's Petition for Appeal From a Suspension of Driving Privileges, a hearing is scheduled for , in Courtroom , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, RECEIVED MAY 18 Z005r Petition for Review of Order of Department of Transportation Suspending Operating Privilege Joseph J. Mashinski, Appellant .., ...../. OJ.....- 01-'..1 J c:.; ".'/ - l<Z.v,.,. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant Joseph J. Mashinski, respectfully petitions the Court pursuant to 75 Pa. Const. Stat. Ann. ~ 1550 for review of an order of the Department of Transportation suspending appellant's operating privilege, and in support thereof represents as follows: I. Appellant Joseph J. Mashinski is an adult individlual residing at 4179 Kittatinny Drive, Mechanicsburg, P A 17050. 2. Appellant currently possesses a valid driver's liclmse issued to him on 11/23/2002, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated May 09, 2005, appellant was notified in writing the Department of Transportation of the entry of an order suspending his driver's license for the following reasons as set forth in the notice: failure to attend a Departmental Hearing. A copy of the notice is attached. 4. Suspension is improper because petitioner never received notice of Departmental Hearing and would like to request one. WHEREFORE, appellant respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Const. Stat. Ann. ~ 1550 and that the order of the Department of Transportation be set aside. Joseph J. Mashinski 4179 Kittatinny Drive Mechanicsburg P A, 17050 4179 Kittatinny Drive Mechanicsburg, P A 17050 May 18, 2005 Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 17104-2516 Dear Office of Chief Counsel, 1 am writing this letter to inform you about the situation surrounding my notice of license suspension. The speeding ticket 1 received leading to this suspension was issued on 81 South while on my way to work at the Cumberland County Courthouse as a law clerk for the Honorable Kevin A. Hess. The ensuing confusion has ultimately led to my notice of suspension. After a continuance was filed by the ticketing officer, I was unable to attend my hearing because of a last minute family situation. I was subsequently found guilty and paid my fine. However, I do not recall ever receiving notice of a Departmental Hearing to determine the disposition of the case and any point concerns. I am a 2005 graduate of the Dickinson School of Law and have been a law clerk for Honorable Kevin A. Hess for the past year. I am scheduled to begin study for the Pennsylvania Bar Exam following Memorial Day. I will need my car to drive to and from class for the better part ofthe summer. I respectfully request that I am granted another Departmental Hearing and this suspension be set aside. Sincerely, ;#7/fb COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 09. 2005 JOSEPH JOHN MASHINSKI 4179 KITTATINNY DRIVE MECHANICSBURG PA 17050 WID t 05122b543929800 002 PROCESSING DATE 05/02/2005 DRIVER LICENSE t 24b8120b DATE OF BIRTH 08/13/1978 Dear Motorist: Due to your failure to attend a Departmental Hearing. an indefinite sanction is imposed as mandated under Section 1538 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 (camera 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 or 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 prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. 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 IMMEDIATELV. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTl ON. The e'ffective date o'f suspension is 06/13/2005, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. 051226543929800 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 daYs of the mail date, MAY 09, 2005, 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 certified 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, ~~.\W% Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN SH.TE OUT-Of-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 -- - ----- ~ ~ ~f'\ ~ -. L.. ~" " ).l ii, 00' 0\\ , , \J\ ~ i'\, "', C;~) "":,",, c.n co - .. r- ...- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION JOSEPH J. MASHINSKI APPELLANT, :FILE NO: OS-" ,;zSSJ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION APPELLEE. CERTIFICATION OF SERVICE I, Joseph 1. Mashinski, appellant, hereby certify that a true and correct copy of the foregoing Petition was served upon Pennsylvania Department of Transportation, Office of Chief Counsel, via First Class Certified Mail, ;IJ/J j () 390 0003 ?-fo3) 0, '16 '3 Return Receipt Requested, May 18'h, 2005, to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 Joseph J. Mashinski 4179 Kittatinny Drive Mechanicsburg P A, 17050 (717)421-3554 o \~c-. ~ '5' .....-:: -;;;.. ~ -:::.<. ....'.:\." L'\\''i"- ,/J '~ ..- 0:; o "'" ""'" -:'/ -'" ..- .' c.f\ -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . 18 i 19 ;, < ~ 20 w . .. ~ 21 . . 22 ~ 23 24 25 "i W ORTG~Y " , J.l ,,, '.1.... ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL JOSEPH J. MASHINSKI V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION ORDER OF COUR:T 05-2553 CIVIL TERM AND NOW, this 8th day of July, 2005, the license suspension hearing in this matter is set for 1 :00 P.M., August 1, 2005, in Courtroom No.1, Adams County Courthouse. .4'9Seph J. Mashinski ,/'A Dept. of Transportation Office of Chief Counsel mw BY THE COURT, JO D. KUHN President Judge - ~ ~ ~ ~ c i . ~ "[JUt rr: 'I'P . _ \j1\n},. \...._J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 2 JOSEPH J. MASHINSKI 05-2553 CIVIL TERM 3 v. 4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION 5 6 ORDER OF COURl 7 AND NOW this 1 st day of August, 2005, the above matter was scheduled for 8 9 a license suspension appeal hearing. After discussions between Petitioner and 10 George Kabusak, Esquire, counsel for Penn DOT, it is directed that this matter be 11 remanded for a hearing under Section 1538 of th(l Vehicle Code. Penn DOT shall 12 schedule the hearing and send notice to Petitionm at his address of record, 4179 13 Kittatinny Drive, Mechanicsburg, PA 17050. Petitioner agrees to waive the six- 14 month notice requirement under Section 1551 of the Vehicle Code. Pending further action by Penn DOT after the aforementioned d'3partmental hearing, the indefinite 15 16 sanction imposed by notice dated May 9, 2005, is set aside. 17 BY THE COURT, 18 19 20 JOHN D. KUHN President Judge 21 ~~ph J. Mashinski, Petitioner ..-6'eorge Kabusak, Esquire 22 23 ~it~ 0<6 -~- mw 24 25 "_ C.:' i,n , gi "~::c tr,) '-:':',:~ J;;:;.:,;. ''''''' '-0 "" G') ~,- -.;.,.:,. ~