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HomeMy WebLinkAbout01-5268COMMONWEALTH OF PENNSYLVANIA, : 1N THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. GI-1548 : ANDREW WILLIAM TREESE, : CIVIL ACTION - LAW Defendant. i~~ A ORDER _4-- ND NOW, this .~]~L da of Jul 2001 IT IS HEREBY ORDERED · y y, , DECREED that'Defendant's Petition for Allowance of Appeal Nunc Pro Tune .~£D,;,c~'~ L~:::.27 ~e..~?,~.,o~,.., i~ GP ^xmm_~. The Pennsylvania Department of Transportation is hereby directed that the Suspension of Defendant's Driv~r's..License is stayed pending the outcome of the scheduled proceeding, ,..~_ rr~/~, . . , . ~Lk:~..~-~ng i,~ thr~ mntte~r i~ ~chednled for - pd\pet\treese.pet.stay.wpd COMMONWEALTH OF PENNSYLVANIA, Plaintiff, ANDREW WILLIAM TREESE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT.Y, PENNSYLVANIA CIVIL ACTION - LAW PETITION FOR ALLOWANCE OF APPEAL NUNCPRO TUNC AND PETITION FOR STAY OF DRIVER'S LICENSE SUSPENSION AND NOW comes the defendant, by and through his attorneys, Stone Lafaver & Shekletski, and files the following two Petitions averting as follows: 1. This action began when Defendant received a citation in the mail for Reckless Driving under Title 75 § 3736 §§A Reckless Driving on June 1, 2001 in East Pennsboro Township, Cumberland County, Pennsylvania. 2. Defendant avers that at the time of the incident he was a senior at East Pennsboro Township. 3. Defendant went to the District Justice Manlove on June 20, 2001, and spoke to the clerk at the front desk regarding the citation #A5478540-4. 4. Defendant entered a guilty plea and paid for citation #A5478540-4 at the window with a check for $273.00 on June 20, 2001. 5. Defendant avers that at no time was he advised of appeaI rights, heating rights or the inevitable suspension for six (6) months of his driver's license if the fine were to be paid on the traffic citation. -1- 6. Defendant received an Official Notice of Suspension from Penndot with a mail date of June 28, 2001, that his Driver License #26410615 would be suspended effective 8/02/2001 for six months. 7. Defendant's parents contacted undersigned counsel regarding their son's situation and subsequent appeal rights on July 19, 2001. 8. Undersigned counsel attempted to contact District Justice Manlove's office between the hours of 11:00 a.m. and 1:30 p.m. on July 19, 2001, and a telephone recorded message stated that the office was closed today for "Office Training" and to call back during "normal business hours". 9. Undersigned counsel then telephoned the Prothonotary's Office in the Cumberland County Courthouse and inquired as to why District Justice Manlove's Office would be closed and if another District Justice office would be covering for them. The Prothonotary was not aware of the closed office or of an alternative office. 10. Undersigned counsel then telephoned and spoke to Angie at District Justice Placey's Office to see if they knew why District Justice Manlove's office was closed. She did not know why they were closed, nor was she able to access their computer to find out appeal timeliness. Further, undersigned counsel spoke to District Justice Placey who advised counsel that local district justice offices are incapable of accessing other district office computer files for security reasons. I 1. Undersigned counsel was able to contact District Justice Manlove's office on July 23, 2001, and spoke to Robin, who stated that the office had, in fact, been closed for most of the day, and re- opened for the last 2.5 hours of the day. Evidently, the office was closed for a golf outing. -2- 12. On July 23, 2001, Defendant filed a Notice of Appeal from Summary Criminal Conviction at the Clerk of Criminal Courts of Cumberland County. 13. On July 23, 2001, Defendant attempted to file this same Notice of Appeal time-stamped July 23, 2001, to the Pennsylvania. Department of Transportation in person; however, the clerk at the window refused to accept the Appeal stating that it was too late and untimely. 14. Defendant avers that as a result of the District Justice Manlove's office closure on July 20, 2001, it was impossible for him to file his timely appeal within the required thirty (30) days 15. Defendant avers that he should be permitted to file his appeal to the Court of Common Pleas to the citation, and still have the appeal be considered timely in light of the unreasonable closure of District Justice Manlove's office on the 30th day of the appeal period for his case. WHEREFORE, Defendant requests that this Court grant Defendant's Petition for Allowance of Appeal Nunc Pro Tunc; that the Court Order a Stay and enter a Supersedeas as to the impending six-month License Suspension of Defendant's Driver's License#26410615 to be effective on August 2, 2001, as ordered by the Pennsylvania Department of Transportation and order a Hearing in the Matter to determine the timeliness of his appeal. Respectfully su~ / EliZabeth E~ ',tone~/,Esquire ,/ i.D. #6:h2~1 414 Brifl'ge .,~:.O. Box E New ~/u~t~ /md, PA 17070 Tele~a6'ne ( /)) 774-7435 Attorneys ,r Defendant Treese -3- VERIFICATION Andrew William Treese states that he is the Defendant named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: / / / ~'/ ANDREW WILLIAM TREESE ANDREW WILLIAM TREESE, Appellant CO~41~ONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AND NOW, agreement of the parties, an appeal nunc pro tunc. Jaime M. Keating, Esquire Chief Deputy District Attorney Elizabeth Stone, Esquire For the Appellant George Kabusk, Esquire For the Commonwealth/Appellee it IN THE COURT OF COMMON PLEAS OF CUI~BERLAND COUNTY, PENNSYLVANIA 01-5268 CIVIL TERM this 26th day of September, 2001, by the defendant is granted leave to file By the Court, Edward E. Guido, Jo ANDREW WILLIAM TREESE, Appellant Vo COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee AND NOW, IN THE COURT OF COIviMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5268 CIVIL TERM this 26th day of September, 2001, the Court having found the defendant not guilty of the Reckless Driving charge, and the defendant having pled guilty to a separate charge of Careless Driving, arising from the same incident, PennDOT is directed to amend their records to reflect what has occurred. By the Court, Jaime M. Keating, Esquire Chief Deputy District Attorney Elizabeth Stone, Esquire For the Appellant George Kabusk, Esquire For the Commonwealth/Appellee it Edward E. Guido, j.