HomeMy WebLinkAbout05-3773IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
ROBERTO ESCALET
VS. No.:
6s - 3773
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
LICENSE SUSPENSION APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes the Petitioner, ROBERTO ESCALET, 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, Roberto Escalet is a licensed driver in the Commonwealth of
Pennsylvania with a residence address of 4 Hazelwood Path, Mechanicsburg,
Cumberland County, PA 17050.
2. Department of Transportation, Bureau of Driver Licensing has a mailing
address at 1101 South Front Street, Harrisburg, PA 17104.
3. Petitioner received an official notice of suspension with a mail date of July
4, 2005, from the Department indicating that his driving privilege is scheduled to be
suspended on August 8, 2005, for an exceeding maximum speed violation which
incurred 5 points bringing an accumulated total of 11 points. See Exhibit "A" attached
hereto and incorporated herein by reference.
4. The proposed suspension is outlined in Exhibit "A" is illegal, improper, or
invalid for some or all of the following reasons:
a. The underlying summary conviction is currently pending appeal in
Cumberland County.
b. The proposed suspension is otherwise in violation of the Vehicle Code
and/or case law.
WHEREFORE, Petitioner prays your Honorable Court enter a supersedeas
pursuant to Section 1550 of the Vehicle Code and to schedule a hearing relative to the
merits of this appeal.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARRZZACCO, P.C.
/ j
by: avid ?. Hershey, Esquire
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
Dated: ?`? ID No.: 43092
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
JULY 04, 2005
ROBERTO ESCALET WID * 051789283079440 001
4 HAZLEWOOD PATH PROCESSING DATE 06/27/2005
DRIVER LICENSE # 25580268
MECHANICSBURG PA 17050 DATE OF BIRTH 06/29/1972
Dear Motorist:
As a result of your conviction of violating section 3362
of the Vehicle Code EXCEEDING MAXIMUM SPEED on 06/22/2005,
5 points have been assigned to your record.
Your total point accumulation is 11 points.
Since your point record shows an accumulation of 11
Points, a sanction of 365 DAY(S) 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 (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.
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 08/08/2005, 12:01 a.m.
051789283079440
Please see the enclosed application for 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, JULY 04, 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,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PM)
Department of Transportation IN STATE 1-800-932-4600
Bureau of Driver Licensing OUT-OF-STATE 717-391-6190
P.D. Box 68693 TDD IN STATE 1-800-228-0676
Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191
VERIFICATION
The undersigned, Fp6erto $ ca l e f , verifies that the statements made
in this document are true and correct to the best of my knowledge, information, and belief. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4404,
relating to unsworn falsification to authorities.
Dated:
CERTIFICATE OF SERVICE
On the _? day of July 2005, 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
Bureau of Driver Licensing
1101 South Front Street
Harrisburg, PA 17104
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
by?shey, Esquire
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
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RECEIVED JUL 2 620o5
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
ROBERTO ESCALET
Vs. No.: OS- 2'173
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
ORDER
t`CULL
AND NOW, this 2-79 day of 0 2005, upon consideration of the
attached Appeal and the reasons supporting me,
IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this
case is hereby scheduled for the (Q {yam day of
(? Pti , 2005 at
p.m. in Courtroom No. _L of the Cumberland County 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 thre-rho h sHspensipn yntk
such time as is case can be aided n its rit , 0ll1 C cx e? z
s 2 S? 1 S D1i1 m cz?Q c? b-
Distribution:
Cumberland County Prothonotary's Office
avid E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019
A.
orge Kabusk, Esquire, Pennsylvania Department of Transportation
Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
ROBERTO ESCALET
Vs.
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
No.: 05-3773 CIVIL TERM
PETITIONER'S MOTION FOR CONTINUANCE
TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT:
AND NOW, comes, Roberto Escalet, Petitioner in the above-captioned matter,
by and through his attorneys, Wiley, Lenox, Colgan & Marzzacco, P.C., who
respectfully file the within Motion for Continuance, and in support thereof, avers the
following:
1. A timely license suspension appeal was filed in the above-captioned
matter.
2. Your Honorable Court scheduled a hearing for October 19, 2005 at 1:30
p.m.
3. The basis of the appeal is that Petitioner's underlying summary conviction
is pending on appeal in Cumberland County Court.
4. At Defendant's request and with Judge Guido's approval, the underlying
summary appeal has been continued until February 2006 at which time it is expected
that the appeal will be resolved.
5. Counsel for the Department of Transportation, George Kabusk, Esquire,
has been contacted regarding this request for relief and has indicated that the
Department has no objection to this request.
6. Continuance of the above-captioned appeal is necessary to avoid an
unnecessary interruption in Petitioner's driving privileges as the Department has
entered a supersedeas on the proposed one (1) year suspension as a result of this
appeal.
WHEREFORE, Petitioner prays that your Honorable Court reschedule the
above-mentioned license suspension appeal for February 2006 for the above-
mentioned reasons.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
by. Davies. Hershey, Esquire
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
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Dated:
VERIFICATION
The undersigned, on behalf of my client, Roberto Escalet, 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,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
by: Da ' . Hershey, Esquire
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
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Dated:,/
CERTIFICATE OF SERVICE
On the / day of October 2005, 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
Bureau of Driver Licensing
1101 South Front Street
Harrisburg, PA 17104
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
x
17019
(717) 432-9666
ID No.: 43092
David . Hershe
y, Esquire
130 West Church St
reet
by: Dillsburg, E.
Suite 100
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RECEIVED OCT 412005 `y
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
ROBERTO ESCALET
VS. No.: OS`- -3-7-73 COMMONWEALTH DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
ORDER
AND NOW, this 1!2 1 day of October 2005, upon review of Petitioner's Motion
for Continuance and noting further that the Department of Transportation has no
objection and noting further the reasons in support herein, said request is hereby
This matter is rescheduled for the day of
2006 at ?.m. in a courtroom ?_.
BY THE COURT:
Distribution:
Cu berland County Prothonotary's Office
eorge Kabusk, Esquire, Pennsylvania Department of Transportation,
Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104
,,avid E. Hers y, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019
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ROBERTO ESCALET
vs Case No. 05-3773
COMM. OF PENNSYLVANIA, DEPT.
OF TRANSPORTATION, BUREAU OF
DRIVER LICENSING Statement of Intention to Proceed
To the Court:
DAVID E. HERSHEY, ESQ. intends to proceed with the above captioned matter.
Print Name DAVID. E. HERSHEY, ESQSmgn Name
Date:-10108108 Attomey for RpBERTn RCALP.T
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course temiinating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
,,
CERTIFICATE OF SERVICE
On the day of October, 2008, I certify that a copy of the foregoing Statement of
Intention to Proceed was served upon the following attorney for the Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing by regular U.S. mail, first class, as
follows:
Philip Bricknell, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 S. Front St.
Harrisburg, PA 17104
Date: Respectfully submitted,
David E. Hershey, Esq ire
COLGAN MARZZACCO, LLC
ID No.: 43092
130 W. Church St., Ste. 100
Dillsburg, PA 17019
(717) 502-5000
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David D. Bued
Prothonotary
XirkS. Sohonage, ESQ
Solicitor
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Renee X Simpson
I" Deputy Prothonotary
Irene E. 9Yorrow
2nd Deputy Prothonotary
Office of the Prothonotary
Cumberfand County, Tennsykania
01 --3!7m 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 • Carfisle, PA 17013 • (717)240-6195 0 'Tax, (717) 240-6573