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COMMONWEALTH OF PENNA.
DEPT. OF TRANSPORTATION,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
94-1918 CIVIL TERM
TINA K. BROWN,
Petitioner
QBQER OF COURt
AND NOW, May 23, 1994, the parties having appeared and agreed
that the hearing scheduled for this date Is hereby continued for a period of ninety
days, to be rescheduled at the call of the parties.
By the Court,
J.
Matthew Haeckler, Esquire
For PennDot
David R. Breschl, Esquire
For the Petitioner
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TINA K. BROWN,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Petitioner
vs.
.
.
.
.
CIVIL ACTION - LAW
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
Respondent
.
.
.
.
.
.
NO.
AND NOW, this
r3
ORDER 01' COURT
(tv
day of April, 1994, upon Petition of Tina
K. Brown, a hearing is set on the License Suspension Appeal for the
j3,.,:! day of J:1tir ' 1994, at 'l 3(1 o'clock --#.m. in
Courtroom Number ", Cumberland County Courthouse, Carlisle,
Pennsylvania, all proceedings to stay meanwhile.
Notice of said hearing shall be given by Petitioner's counsel
to the Department of Transportation at least thirty (30) days prior
to the date of said hearing.
Pursuant to section 1550(b) of the Pennsylvania Motor Vehicle
Code, Petitioner's appeal shall act as an automatic supersedeas,
and Petitioner's operating privileges shall not be suspended
pending a final determination in this matter.
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TINA K. BROWN,
.
.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
.
.
vs.
.
.
.
.
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
Respondent :
.
.
NO.
q4- /1/8'
CIV' /
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.
.
LICENSE SUSPENSION APPBAL
TO THE JUDGES OF THE HONORABLE COURT OF CUMBERLAND COUNTY, PA:
AND NOW, comes the Petitioner, Tina K. Brown, by and through
her attorneys, MANCKE, WAGNER, HERSHEY & TULLY, who makes the
following averments in support of this License Suspension Appeal:
1. The Petitioner, Tina K. Brown, an adult individual, is a
licensed driver within the Commonwealth of Pennsylvania with a
residence address at 42 West King street, Shippensburg, Cumberland
County, Pennsylvania 17257.
2. Respondent, Pennsylvania Department of Transportation,
Bureau of Driver Licensing, has a mailing address at Transportation
and Safety Building, Harrisburg, Dauphin County, Pennsylvania
17120.
3. Petitioner received a citation filed by the Mechanicsburg
Borough Police Department on or about October 12, 1993 alleging a
violation for Section 1543 of the Pennsylvania Motor Vehicle Code.
4. The oitation was issued through Magisterial District 09-
3-5 in Mechanicsburg, CUmberland County. A copy of the citation is
attached hereto as Exhibit "A".
5. The Petitioner appeared before District Justice Klair,
Magisterial District 09-3-5 on January 13, 1994 and the District
Justice found the Petitioner guilty of violating 75 51543, driving
while under suspension.
6. The Petitioner received a notice of license suspension
with a mail date of March 15, 1994, from the Department of
Transportation advising her that her license was to be suspended
for a period of one (1) year with an effective date of April 3,
1995. A copy of the correspondence is attached hereto as Exhibit
"B".
7. The above mentioned suspension as proposed by the,
Department is illegal, invalid and improper for some or all of the
following reason:
(1) The District Justice failed to advise Petitioner of
her right to appeal from the conviction and sentence
pursuant to the Rules of Criminal Procedure.
2
WHEREFORE, Petitioner respectfully requests that a hearing be
scheduled in order that final determination can be made relative to
the above captioned matters and that the Court issue a supersedeas
in accordance with Section 1550 staying the Department's proposed
action as outlined in Exhibit "B" until a final determination can
be made.
D....If;AJ/t my
Respectfully submitted,
MANCKE, WAGNER, HERSHEY & TULLY
BYDAf:!( !S~~RE
Attorney ID # 59001
2233 North Front street
Harrisburg, PA 17110
717/234-7051
Attorneys for Petitioner
3
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CIRTI~ICATB O~ SIRVICB
I, David R. Breschi, Esquire, of the law firm of MANCKE,
WAGNER, HERSHEY & TULLY, hereby certify that I am this day serving
a copy of the foregoing document to the attorneys or parties of
record in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of civil Procedure, by
deposition a copy of same in the United states Mail, postage
I J.I ~.A._
prepaid, at Harrisburg, Pennsylvania, on the day of April,
1994, at the address listed below:
Matthew Haeckler, Esquire
Office of Chief Counsel
Pennsylvania Department of Transportation
103 Transportation and Safety Building
Harrisburg, PA 17120
By'w..'-I5t~
d R. Bresch , Esquire
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
(717) 234-7051
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VBRII'ICA'l'IOII
The undersigned, David R. Breschi, hereby verifies and states
that:
1. He is the attorney for Tina K. Brown, Petitioner.
2. He is authorized to make this verification on her behalf.
3. This verification is made by counsel pursuant to Pa.R.C.P.
No. Rule 1024(c).
4. The statements set forth in the foregoing License
suspension Appeal are true and correct to the best of his
knowledge, information and belief.
5. He is aware that false statements herein are made subject
to the penalties of 18 Pa. C.S. 54904, relating to unsworn
falsification to authorities.
Date:
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COMMONWEALTll OF PENNSYLVANIA ~ CITATION NO.
,~ ,0117323
CITATION/SUMMONS
'tr.'lr.iD1'f',""50rR. york st., MCb., PA '11055
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harri,.h"~g. ~ 1~123
CMARCH I!;" 1994 ~
TINA KAY BROIllN
42 III KING ST
SHIPPENSBURG PA
],1251
940b79283b112b4 DO]'
03/08/1994
22855154
02/25/1975
LICENSE IN BUREAU
Dear Motorist:
As a result of your conviction on 01/13/1994 of
violating Section 1543 of the Vehicle Code, DRIVING WHILE
SUSP/REVOKE on 10/12/1993, your driVing privilege is being
SUSPENDED for a period. of 1 YEAR(S) as mandated by Section
1543 of the Vehicle Code.
Effective Date of Suspension: 04/03/1995, 12:01 a.m.
The above mentioned sanction is in addition to any
previously issued sanction(s).
Your driVing privilege will not be restored until yOU
provide proof to the Department that all motor vehicles
registered in your name are covered by a motor vehicle
liability insurance policy or a program of self insurance
approved by the Department. This insurance information will
only be accepted within 30 days of the the eligibility date
of the restoration of your driVing privilege.
You have the right to appeal to the Court of Common Pleas
of the county of your residence within 30 days of the mail
date (MARCH 15, 1994) of this notice. Sending a copy to
this department of a timely, filed appeal will stay the
department's action pending a final decision by the court.
The copy must be sent by certified mail to:
Room 103
Transportation and Safety BUilding
Harrisburg, PA 17120
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940679283617264
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Sincerely,
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Douglas K. Tobin, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TOI
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7100
Pittsburgh Area
Philadelphia Area
Harrisburg Area
Toll Free
AM TO 6130 PM)
- 412-565-5670
- 215-698-8100
- 717-787-3130
1- 800-932-4600
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WE DO HEAElV CEATIFV THAT
THE WITHIN '1 A TRUE AND COA.
AECT COPY OF THI! ORIQINAL
FILED IN THlS ACTQrf
BY
lAwmflClS
MANCKE AND WAGNER
AnOAHEY
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WE DO HERElY CERTIFY THAT
THE WITHIN IS A TAUE AND COR.
AECT COPY OF THE ORIOINAL
FlLED IN THII ACTMlH
BY
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MANCKE AND WAGNER
""ORNEY
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COMMONWEALTH OF PENNSYLVANIA
VS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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,./, IfF,
NO. - 1994
TINA KAY BROWN,
Defendant
ORDER 01' COURT
,/II.L
AND NOW, this ..l .", day of ~, 1994, upon
consideration of Petitioner's request to re-open summary conviction
Nunc Pro Tuncl ~ "'vuil.! h "'--.Is} aa\ \~ d..t._.....!..... "1....11... ..kL.
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~61 I:' 'i5 Z\ lZ ~'H
NO.
- 1994
COMMONW~TH OF PENNSYLVANIA
VS."
TINA KAY BROWN,
Defendant
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
.
PBTITION TO RB-OPBH SUMMARY CONVICTION RUNC PRO TUNC
AND NOW, comes Petitioner, Tina Kay Brown, by and through her
attorneys, MANCKE, WAGNER, HERSHEY & TULLY who make the following
averments in support of this Petition to Re-Open Summary Conviction
Nunc Pro Tunc:
1. Petitioner, Tina Kay Brown, was cited by a Mechanicsburg
Borough Police Officer in violation of Section 1543(a), Driving
While Operating Privileges are Suspended or Revoked, for an alleged
incident on October 12, 1993. See Exhibit "A" attached hereto and
incorporated herein by reference.
2. Petitioner was unaware that her driving privileges were
suspended at the time that she was stopped by the Mechanicsburg
Borough Police Officer.
3. Petitioner's license had been suspended on October 7,
1993 for failure to respond to a citation and an official notice
was mailed October 7, 1993.
4. Petitioner had recently moved to a new address and did
not receive any notice from PennDOT that her license was suspended.
1
5. Petitioner had a hearing in front of District Justice
Klair on January 13, 1994 and explained her circumstances to the
District Justice.
6. The District Justice found the Defendant guilty of
driving under suspension on January 13, 1994 however, he did not
advise the defendant that she had a right to appeal her conviction
within thirty (30) days.
7. Consequently, the defendant did not appeal her conviction
and was notified by letter dated March 15, 1994 that her license
was to be suspended for a period of one year as a result of her
conviction. A copy of this letter is attached hereto as Exhibit
"B".
8. There has been a breakdown in the operation of the court
system for some or all of the following reasons:
(a) Petitioner had no notice that she was
driving under suspension;
(b) Petitioner was not advised after she was
convicted of Section 1543, she had thirty days
to appeal her conviction in the Court of
Common Pleas, Cumberland County.
9. Petitioner is employed as a sales person for parklawns
Memorial Gardens and her position requires her to have a valid
driver's license in order to maintain her employment.
10. Failure to grant the relief requested herein will do
irreparable economic harm to Petitioner.
2
11. The relief requested herein is not adverse to the
Commonwealth's interest.
WHEREFORE, Petitioner respectfully requests that the Court
grant her leave to file a Summary Appeal Nunc Pro Tunc relative to
Citation Number 0117323 for the charge of Driving Under Suspension,
Section 1543 (a), with an alleged violation date of October 12,
1993.
Respectfully submitted,
MANCKE, WAGNER, HERSHEY & TULLY
Date:
A ZrJ/f97
B~ ~ (? f}-~
DAvID R. BRESCHI, ESQUIRE
Attorney ID # 59001
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for Defendant
3
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CBRTI.ICATB O. SBRVICB
I, David R. Breschi, Esquire, of the law firm of MANCKE,
WAGNER, HERSHEY & TULLY hereby certify that I am this day serving
a copy of the foregoing document to the attorneys or parties of
record in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of civil Procedure, by
depositing a copy of same in the United States Mail, postage
rb
prepaid, at Harrisburg, Pennsylvania, on the L~ ~ay of May,
1994, at the address listed below:
J. Michael Eakin, Esquire
District Attorneys Office
Cumberland county Courthouse
One Courthouse Square
Carlisle, PA 17013
D....' /tir 6q (~?f
By
DAV
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for Defendant
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CITATION/SUMMONS
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COMMONWEAL 1
PENNSVLVANIA
CITATION NO.
0117323
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Buroau of Driver Licensing
Harri _1.~
MARCH 15.-1994 -....
TINA KAY BROWN
42 W KING ST
SHIPPENSBURG PA
940679283617264 001
03/08/1994
22855754
02/25/1975
17257
LICENSE IN BUREAU
Dear Motorist:
As a result of your conviction on 01/13/1994 of
violating Section 1543 of the Vehicle Code, DRIVING WHILE
SUSP/REVOKE on 10/12/1993, your driving privilege is being
SUSPENDED for a period of 1 YEARCS) as mandated by Soction
1543 of the Vehicle Code.
Effective Date of Suspension: 04/03/1995, 12101 a.m.
The above mentioned sanction is in addition to any
previouslY issued sanctionCs).
Your driving privilege will not be restored until you
provide proof to the Department that all motor vehicles
registered in your name are covered by a motor vehicle
liability insurance policy or a program of solf insurance
approved by the Department. This insurance information will
only be accepted within 30 days of the the eligibility date
of the restoration of your driving privilege.
You have the right to appeal to the Court of Common Pleas
of the county of your residence within 30 days of the moil
date CI1ARCH IS, 1994) of this notice. Sending a COpy to
this department of a timely, filed appeal will stay the
department's action pending a final decision by the court.
The COpy must be sent by certified mail tOl
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
940679283617264
Sincerely,
f....."'~_...."._'
,..-; _~~. 4:.'"?;;:r'-
Douglas K. Tobin, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TOI
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7100
Pittsburgh Area
Philadelphia Area
Harrisburg Area
Toll Free
AM TO 6130 PM)
- 412-565-5670
- 215-698-8100
- 717-787-3130
1- 800-932-4600
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WE DO MEREBY CERTIFY THA'
THE WITHIN IS It. TRUE AND COR-
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FlLEO IN THIS ACT)()N
B'
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COMMONWEALTH OF PENNSYLVANIA
IU THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VS.
:
.
.
TINA KAY BROWN,
Defendant
:
NO. 94-1918 Civil Term
.
.
CBRTI.ICATB OF SBRVICB
I, David R. Breschi, Esquire, of the law firm of MANCKE,
WAGNER, HERSHEY & TULLY hereby certify that I am this day serving
a copy of the foregoing document to the attorneys or parties of
record in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by
depositing a copy of same in the United States Mail, postage
prepaid, at Harrisburg, Pennsylvania, on the 6th day of June, 1994,
at the address listed below:
J. Michael Eakin, Esquire
District Attorneys Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Date: June 6, 1994
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By
DAVID R. BRESCHI, ESQUIRE
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for Defendant
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