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Home My WebLink About01-5518JAMES N. GIAMBILIS Petitioner V, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAl AND NOW, th~s ~ day of September, 2001, comes James N. Giambilis, through his attorneys, Mancke, Wagner, Hershey & Tully, who respectfully represent: 1. Your Petitioner is an adult individual residing at 7 Graham Road, Newville, Cumberland County, Pennsylvania. 2. Your Petitioner received notice of a license suspension, a copy of which is attached hereto and made a part hereof as Exhibit A, which indicates a suspension for one year for accumulation of points. 3. Your Petitioner believes that said license suspension is improper, illegal, unjust and an abuse of discretion for reasons which include, but are not limited to, the following: (a) Your Petitioner was not guilty of the violation of §3310 of the Motor Vehicle Code which gave him a total of 11 points; (b) Your Petitioner is appealing the underlying conviction for §3310 and if acquitted and/or if the charge is modified, the suspension is improper as a miscalculation of points; and (c) Your Petitioner does not validly have 11 points on his driver's record. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 SEPTEMBER lq, 2001 JAMES N GIAMBILIS 7 GRAHAM ROAD NEWVILLE PA 17241 012509283879321 001 09/07/2001 23532012 03/27/1976 Dear Motorist: As a result of your conviction of violating section 5310 of the Vehicle Code FOLLOWING TOO CLOSELY on 09/06/2001, points have been assigned to your record. Your total point accumulation is 11 points. Since your point record shows an accumulation of ll points, a sanction of 3&5 DAYCS) is hereby imposed as man- dated by Section [539 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 DL1GLC 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 [S71(a)Cq) 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 net begin until all current driver's license product(s), the DLI&LC 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 e~ectlve date of sus;enslon is 10/19/200l, 12:01 a.m.~ I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities.. Date JAMES N. GIAMBILIS Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent :NO. 0/- 5~'-/~' ORDER AND NOW, this .~..~__'"~ay of =~,=~~_, 2001, upon consideration of the hereby ordered and decreed that a hearing be held on the/__,~day of within Petition, it is ~e~~e~, 2001, at~: ~ o'clock in Courtroom .;~, Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attomey at least sixty days prior to the date of the hearing. By the ~ JAMES N. GIAMBILIS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF : NO. 2001-551 ~ PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION : CIVIL ACTION - LAW AMENDED ORDER OF COURT AND NOW, this 8TM day of OCTOBER, 2001, the order of court dated September 28, 2001, is amended to reflect the date. The hearing is scheduled for WEDNESDAY~ DECEMBER 19~ 2001~ at 8:30 a.m. in Courtroom # 5. John B. Mancke, Esquire For the Defendant George Kabusk, Esquire For the Dept. of Transportation Edward E. Guido, J. :sld JAMES N. GIAMBILIS Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5518 AND NOW, this~-~day of ~'~~, 2001, it is hereby ordered and decreed that the headng scheduled for December 19, 2001 at 8:30 am is continued to ~"~"~~~----, 200~ at ~ in ,Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. John B. Mancke, Esq. For the Defendant Edward E. Guido, J. For the Dept. of Transportation JOHN B. MANCKE P RICHARD WAGNER DAVID E. HERSHEY WILLIA~ T. TULLY MANCKE, WAGNER, HERSHEY & TULLY PHONE {717) 234-7051 FAX 1717) 234-7080 December 12, 2001 Hon. Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, Pa 17013 RE: James N. Giambilis v. Comm. of PA, Dept. of Transportation No. 2001-5518, Headng Date: December 19, 2001 at 8:30 am Dear Judge Guido: Please be advised that we have been informed that the underlying summary violation appeal is being resolved in such a matter that Mr. Giambilis will not have 11 points, rendering the license suspension hearing moot. However, I am currently recovering from surgery and will be unable to be at the above-captioned hearing and doubt that we will have the underlying documentation to Penn Dot by that date. I am requesting a continuance of the hearing and we have contacted George Kabusk who has no objection to the granting of a continuance to a date certain. Prior to that date we will have the documentation sent to George and resolve this matter prior to the new hearing date. I am enclosing a composed Order for your convenience. JBM/hrc Enclosure cc: George H. Kabusk, Esq. Very truly yours, John B. Mancke JAMES N. GIAMBILIS Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent NO. 2001-5518 PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned license suspension appeal, Joh~ B. Mancke, Esq., ID No. 07212 Marfcke, Wagner, Hershey & Tully 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: