HomeMy WebLinkAbout02-3842LEROY D. CAMERONI,
Plaintiff
VS.
WILLIAM ANDREW FOLTZ;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~ ~J~._CIVIL TERM
DEPARTMENT OF GENERAL SERVICES,: CIVIL ACTION
COMMONWEALTH OF PENNSYVLANIA;:
AND :
DEPARTMENT OF PUBLIC WELFARE, : JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA:
Defendants :
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court our
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
LEROY D. CAMERONI,
Plaintiff
VS.
WILLIAM ANDREW FOLTZ;
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. ~ CIVIL TERM
DEPARTMENT OF GENERAL SERVICES,: CIVIL ACTION
COMMONWEALTH OF PENNSYVLANIA;:
AND :
DEPARTMENT OF PUBLIC WELFARE, : JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA:
Defendants :
COMPLAINT
AND NOW COMES the Plaintiff, Leroy D. Cameroni, by and through his attorney, Henry F.
Coyne, Esquire, Coyne & Coyne, P.C., and avers the following in support of the within Complaint.
1. Plaintiff, Leroy D. Cameroni is an adult individual who resides at 26 Wood Street, Camp
Hill, Cumberland County, Pennsylvania.
2. Defendant, William Andrew Foltz, is an adult individual who resides at 126 Valley View
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. The Defendant, Department of General Services is an agency of the Commonwealth of
Pennsylvania with offices at 515 North Office Building, Harrisburg, PA 17125-0001.
4. The Defendant, Department of Public Welfare is an agency of the Commonwealth of
Pennsylvania with offices at Room 333, Health and Welfare Building, Harrisburg, PA.
5. On November 15, 2000, Defendant William Andrew Foltz was an employee, agent or
servant of the Department of General Services, Commonwealth of Pennsylvania and/or
· the Department of Public Welfare, Commonwealth of Pennsylvania.
2
On November 15, 2000, at 4:40 P.M., Defendant William Andrew Foltz, while an
employee, agent or servant, as noted in Paragraph 4 above, and while perforating
services within the scope of his employment, the Defendant William Andrew Foltz
controlled and operated a 1999 Plymouth Breeze motor vehicle; bearing Pa. Registration
License No. 19161-PA owned by the Department of General Services, Commonwealth of
Pennsylvania and/or Department of Public Welfare, Commonwealth of Pennsylvania and
which was traveling South on U.S. Route No. 11 & 15 in Penn Township, Perry County,
Pennsylvania.
On November 15, 2000 at 4:40 P.M., Plaintiff, Leroy D. Cameroni owned, controlled
and operated a 1995 Buick Regal motor vehicle, bearing Pa. Registration License No.
AXJ 2411 that was traveling with traffic behind numerous vehicles going South on U.S.
Routes 11 & 15 at the vicinity of the Village of Perdix, Penn Township, Perry County,
Pennsylvania.
On November 15, 2000 at 4:40 P.M., the motor vehicle that Defendant, William Andrew
Foltz was operating made a violent impact with the rear of Plaintiff, Leroy D.
Cameroni's motor vehicle that was in traveling behind other motor vehicles which were
traveling slowly because a school bus, in front of the line of motor vehicles, was lawfully
stopped and discharging.
The rear end collision was due solely to the negligence of the Defendant, William
Andrew Foltz in that:
(a) Defendant operated his motor vehicle in a careless, reckless and negligent
manner;
3
(b)
(c)
(d)
(e)
(g)
Defendant operated his motor vehicle without due regard to the right, safety and
position of the Plaintiff, Leroy D. Cameroni;
Defendant failed to use due care under the circumstances;
Defendant failed to keep a proper lookout for Plaintiff, Leroy D. Cameroni's
motor vehicle;
Defendant did not have his vehicle nnder the proper control so as to stop his
vehicle within the assured clear distance ahead which is in violation of the
Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. Section 3361, as amended);
Defendant operated his motor vehicle in disregard of the roles of the road and
the laws of the Commonwealth of Pennsylvania; and
Defendant operated his motor vehicle in a careless disregard for the safety of
Plaintiff, Leroy D. Cameroni, in failing to operate his motor vehicle at a safe
speed in making violent impact with the rear of the vehicle, that was in a
stationary position, and operated by Plaintiff, Leroy D. Cameroni which is in
violation of the Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. Section 3322,
as amended).
10.
COUNT NO. 1
Lero¥ D. Cameroni~ Plaintiff vs. William Andrew Foltz~ Defendant
Plaintiff incorporates paragraphs 1 through 9 of the Complaint as if individually set forth
within this Count.
4
11. As a result of the collision of the Defendant's vehicle with Plaintiff's vehicle, Plaintiff
suffered severe injuries to his body in the nature of pain in his neck, right shoulder and
back; headaches and light-headedness.
12. Additionally, the Plaintiff was rendered sick, sore, lame, prostrate, and disoriented, and
was made to undergo great mental anguish and physical pain from which he suffered;
still suffers and will continue to suffer for an indefinite time in the future.
13. In order to treat and attempt to remedy the aforesaid injuries, Plaintiff has been
compelled to expend various sums of money for medicine and medical attention and care
and he will be required to expend additional sums of money for the same purpose in the
future.
14. As a result of Defendant's negligent conduct, Plaintiff was unable to perform his normal
household duties and pursue his daily habits to his great, determinant and loss.
15. As a result of the Defendant's negligence and the violent impact of Defendant's motor
vehicle with Plaintiff's motor vehicle, Plaintiff sustained substantial damage to his motor
vehicle. The reasonable cost to repair the motor vehicle was $7,864.36
16. As a result of Defendant's negligence, Plaintiff had to lease a motor vehicle for his use
for a period of 42 days. The cost incurred was $2,I69.65
17. Plaintiff has made demand for compensation of the aforementioned injuries and losses
which Defendant has refused and still refuses to pay.
WItEREFORE, Plaintiff Leroy D. Cameroni respectfully requests that your Honorable Court
find in his favor and against Defendant, William Andrew Foltz in an amount in excess of Twenty-five
Thousand Dollars ($25,000.00), plus interest and docket costs.
5
COUNT NO. II
Leroy D. Cameroni~ Plaintiff vs. Department of General Services,
Commonwealth of Penns¥1vania~ Defendant
18. Paragraphs 1 through 17 are incorporated herein.
19. Plaintiff Leroy D. Cameroni incorporates the preceding paragraphs 1 through 17 of this
Complaint as if individually set forth within this Count.
20. Defendant, William Andrew Foltz, at all times and dates stated in this Complaint was an
employee, servant, and agent of the Department of General Services, Commonwealth of
Pennsylvania.
21. At the date and time of impact the Defendant, William Andrew Foltz was an employee of
the Defendant, Department of General Services, Commonwealth of Pennsylvania and
operating within the scope of his employment.
22. The negligence of William Andrew Foltz in causing the collision, described above, is
imputed with his employer and master, the Department of General Services,
Commonwealth of Pennsylvania.
WHEREFORE, Plaintiff Leroy D. Cameroni respectfully requests that your Honorable Court
~nd in his favor and against Defendant, Department of General Services, Commonwealth of
Pennsylvania in an amount in excess of Twenty-t~ve Thousand Dollars ($25,000.00), plus interest and
docket costs.
23.
COUNT NO. III
Leroy D. Cameronin Plaintiff vs. Department of Public Welfare~
Commonwealth of PennsyIvania~ Defendant
Paragraphs 1 through 22 are incorporated herein.
6
24. Plaintiff Leroy D. Cameroni incorporates the preceding paragraphs 1 through 21 of this
Complaint as if individually set forth within this Count.
25. Defendant, William Andrew Foltz, at all times and dates stated in this Complaint was an
employee, servant, and agent of the Department of Public Wefare, Commonwealth of
Pennsylvania.
26. At the date and time of impact the Defendant, William Andrew Foltz was an employee of
the Defendant, Department of Public Welfare, Commonwealth of Pennsylvania and
operating within the scope of his employment.
27. The negligence of William Andrew Foltz in causing the collision, described above, is
imputed with his employer and master, the Department of Public Welfare,
Commonwealth of Pennsylvania.
WItEREFORE, Plaintiff Leroy D. Cameroni respectfully requests your Honorable Court find in
favor of the Plaintiff and against Defendant, Department of General Services, Commonwealth of
Pennsylvania in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus interest and
docket costs.
Dated:
Respectfully submitted,
COYNE & COYNE, P.C.
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
Attorneys for Plaintiff
7
VERIFICATION
The facts set forth in the foregoing Complaint are true and correct to the best of the
undersigned's knowledge, information and belief and are verified subject to the penalties for unswom
falsification to authorities under 18 Pa. C.S.A. § 4904.
Dated: ' / "/
Leroy D~meroni
8
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
LEROY D. CAMERONI,
Daniel R. Goodemote
Senior Deputy Attorney General
Direct Dial 717-783-3147
· IN THE COURT OF COMMON PLEAS OF
Plaintiff
· CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-3842 CIVIL TERM
WILLIAM ANDREW FOLTZ,
DEPARTMENT OF GENERAL
SERVICES, COMMONWEALTH OF .
PENNSYLVANIA, AND DEPARTMENT CIVIL ACTION
OF PUBLIC WELFARE, COMMON-
WEALTH OF PENNSYLVANIA,
Defendants ' JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendants, William Andrew Foltz,
Department of General Services, Commonwealth of Pennsylvania, and Department of
Public Welfare, Commonwealth of Pennsylvania in regard to the above case.
~~NI~L R. G~dDEMOTE
SR. DEPUTY ATTORNEY GENERAL
#30986
~ERTIFICATE OF SERVICE
I hereby certify that I am this day sending a copy of the foregoing document to ail
persons and in the manner indicated below.
SERVICE MADE BY FIRST CLASS MAIL
ADDRESSED AS FOLLOWS:
Henry F. Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011-4227
Senior Deputy Attorney General
#30986
Office of Attorney General
Torts Litigation Section
15th FI., Strawberry Square
Harrisburg, PA 17120
(717) 783-3~47 /
DATED: ~'|d z.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodemote
Senior Deputy Attorney General
Direct Dial 717-783-3147
LEROY D. CAMERONI
Plaintiff
Vo
WILLIAM ANDREW FOLTZ,
DEPARTMENT OF GENERAL
SERVICES, COMMONWEALTH OF
PENNSYLVANIA, AND DEPARTMENT
OF PUBLIC WELFARE, COMMON-
WEALTH OF PENNSYLVANIA,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3842 CWIL TERM
CIVIL ACTION
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendants, William Andrew Foltz, Department of General
Services, Commonwealth of Pennsylvania, and the Department of Public Welfare,
Commonwealth of Pennsylvania (Commonwealth Defendants) and file this Answer and New
Matter to Plaintiff's Complaint:
1. Admitted, based solely on information obtained fi.om the police accident report.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted that on November 15, 2000, Defendant William Andrew Foltz was an
employee of the Department of Public Welfare of the Commonwealth of Pennsylvania. It is
denied that Defendant Foltz was an employee, agent or servant of the Depamnent of General
Services of the Commonwealth of Pennsylvania.
6. It is admitted that on November 15, 2000, Defendant William Andrew Foltz, while
acting as an employee within the scope of his employment for the Pennsylvania Depathnent of
Public Welfare, was operating a 1999 Plymouth Breeze beating Pennsylvania license plate
number 19161 PA. It is further admitted the vehicle is registered to the Depmtment of General
Services, Commonwealth of Pennsylvania. It is admitted that the vehicle was traveling south on
Routes 11 and 15 in Penn Township, Perry County, Pennsylvania. However, according to the
police accident report, the accident took place at 4:10 P.M.on November 15, 2000, not at 4:30
P.M., as alleged. The remaining allegations of paragraph 6 are denied.
7. Based on the police accident report, averments of paragraph 7 are admitted with
the exception of the time. According to the police accident report, the crash took place at 4:10
P.M. and both vehicles were towed from scene. Based there on, it is denied that Plaintiff was
operating his motor vehicle at 4:30 P.M. According to the police accident report the accident took
place at 4:10 P.M.
8. Admitted only that on November 15, 2000, the motor vehicle operated by William
Andrew Foltz, impacted with the rear of Plaintiff's vehicle which was traveling behind other
vehicles. Contrary to Plaintiff's allegation, Commonwealth Defendants believe that the accident
occurred at 4:10 P.M. After reasonable investigation, the Commonwealth Defendants do not have
sufficient knowledge or information to form a belief as to the remaining averments of paragraph 8
and they are therefore denied.
9. Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Procedure.
COUNT I
LEROY D. CAMERONI, PLAINTIFF VS.
WILLIAM ANDREW FOLTZ. DEFENDANT
10. Requires no answer.
11. Denied. After reasonable investigation, the Commonwealth Defendant is without
sufficient knowledge or infomxation to form a belief as to the truth of these avetments.
12. Denied. After reasonable investigation, the Commonwealth Defendant is without
sufficient knowledge or information to form a belief as to the troth of these averments.
13. Denied. After reasonable investigation, the Commonwealth Defendant is without
sufficient knowledge or information to form a belief as to the truth of these averments.
14. Denied. After reasonable investigation, the Commonwealth Defendant is without
sufficient knowledge or information to from a belief as to the truth of these avemients.
Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
15.
Procedure.
16.
Procedure.
17.
Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Admitted that Plaintiff had previously made a demand for damages to his vehicle
and for a rental vehicle. It's denied that Plaintiff made previous demands for compensation for
personal injury. It is further denied that the Commonwealth Defendant have refused to pay for
Plaintiffs losses. Prior to the filing of this Complaint, Defendant's have paid the following sums
to or for Plaintiff.'
(a) Fire Inc. - $590.00
(b) State Farm Insurance - $6,850.87
(c) State Farm Insurance Company - $114.22
(d) Leroy Cameroni - $250.00
(e) Enterprise Rent-a-Car - $1,301.58
Wherefore, the Commonwealth Defendants demand judgment in their favor and against
the Plaintiff.
COUNT H
LEROY D. CAMERONI, PLAINTIFF VS. DEPARTMENT OF GENERAL SERVICES
COMMONWEALTH OF PENNSYLVANIA. DEFENDANT
18. Requires no answer.
19. Requires no answer.
20. Denied.
21. Denied.
22. The allegation as to employment is denied. Remainder of the allegation is a
conclusion of law to which no response of pleading is required.
Wherefore, the Commonwealth Defendants demand judgment in their favor and against all
other parties
COUNT IH
LEROY D. CAMERONI, PLAINTIFF VS. DEPARTMENT OF PUBLIC WELFARE,
COMMONWEALTH OF PENNSYLVANIA. DEFENDANT
23. Requires no answer.
24. Requires no answer.
25. Admitted.
26. Admitted.
27. The negligence of William Andrew Foltz is denied generally pursuant to Rule
1029(e) of the Pennsylvania Rules of Civil Procedure. The remaining allegation of paragraph 27
is denied as a conclusion of law to which no response of pleading is required.
Wherefore, Commonwealth Defendants demand judgment in their favor and against all
other parties.
28. The present action is controlled by the provisions of 1 Pa. C.S. §2310 and Act No.
1980-142, set forth in 42 Pa. C.S. §§8501, et seq., which Acts are incorporated herein and pled by
reference. The Commonwealth Defendant asserts all the defenses contained therein.
29. Should liability be found on the part of the Commonwealth Defendant, the
amounts and types of damages recoverable in the present action are limited and controlled by 42
Pa. C. S. §8528.
30. The Commonwealth Defendant asserts all defenses available to it under the Motor
Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701, et seq., and any successor statute and
claims any defenses which may be available pursuant to said Act.
31. The Commonwealth Defendants have already reimbursed Plaintiff for damages in
the amount set forth below:
(a)
(b)
(c)
(d)
(e)
Fire Inc. - $590.00
State Farm Insurance - $6,850.87
State Farm Insurance Company - $114.22
Leroy Cameroni - $250.00
Enterprise Rent-a-Car - $1301.58
Wherefore, the Commonwealth Defendants demand judgment in their favor and against
the Plaintiff.
Respectfully submitted,
D. MICHAEL FISHER
Attorney General
"'~D~iel R. Goodemote, I.D. #30986
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
(717) 783-3147 - Direct Dial
DATED: September 26, 2002
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTA GE PREPAID
ADDRESSED AS FOLLOWS:
Henry F. Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011-4227
(Attorneys for Plaintiff)
Torts Litigation Section
15t~ Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3147 - Direct Dial
By:
~I~/NIEL R.'~ODE-MOTE ID #30986
Senior Deputy Attorney General
DATED: September 26, 2002
'- SHERIFF'S RETURN
CASE NO: 2002-03842 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMERONI LEROY D
VS
FOLTZ WILLIAM ANDREW
- REGULAR
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FOLTZ WILLIAM ANDREW the
DEFENDANT , at 2107:00 HOURS, on the 21st day of August , 2002
at 286 RIDGEHILL ROAD
MECHANICSBURG, PA 17055
CAROLYN POTTS, SISTER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.83
Affidavit .00
Surcharge 10.00
.00
32.83
Sworn and Subscribed to before
me this ~[o ~ day of
So Answers:
R. Thomas Kline
O /lO/2OO2
HENRY COYNE
By:
Deputy Sheriff
SHERIFF'S
CASE NO: 2002-03842 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMERONI LEROY D
VS
FOLTZ WILLIAM ANDREW
RETURN - OUT OF COUNTY
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
DEPARTMENT OF PUBLIC WELFARE
but was unable to locate Them in his bailiwick.
deputized the sheriff of DAUPHIN County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On September 10th , 2002 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
6.00
9.00
10.00
31.50
.00
56.50
09/10/2002
HENRY COYNE
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~2o ~ day of ~
~/~ .~ A.D.
! ~ Prothono-t~z~y · ,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-03842 P
CONLMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMERONI LEROY D
VS
FOLTZ WILLIAM ANDREW
Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
DEPARTMENT OF GENERAL SERVICES
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
He therefore
Pennsylvania,
in his bailiwick.
County,
the within COMPLAINT & NOTICE
to
On September 10th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
09/10/2002
HENRY COYNE
~. Thomas Kline f
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ ~ day of ~__
~ A.D.
' ' Prothonotary' t ,
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
A/qD NOW:August 19, 2002
COMPLAINT
DEPARTMENT OF PUBLIC WELFARE
tO GAIL KOHL, SECRETARY
of the original COMPLAINT
to him/her the contents thereof at ROOM 333
HEALTH & WELFARE BLDG
HBG, PA 17101-0000
: CAMERONI LEROY D
vs
: DEPARTMENT OF GENERAL SERVICES
Sheriff's Return
No. 1975-T - -2002
OTHER COUNTY NO. 02-3842
at ll:15AMserved the within
upon
by personally handing
1 true attested copy(les)
and making known
Sworn and subscribed to
before me this 30TH day of AUGUST, 2002
!
PROTHONOTARY
SO Answers,
Sheriff of Dauphin County, Pa.
By ·
/ Deputy Sherlf f
Sheriff's Costs:S31.50 PD 08/19/2002
RCPT NO 168155
HUNTER
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:August 19, 2002
COMPLAINT
DEPARTMENT OF GENERAL SERVICES
tO ARLENE MITCHELL, RECEPTIONIST
of the original COMPLAINT
to him/her the contents thereof at 515 NORTH OFFICE BLDG
HBG, PA 17101-0000
: CAMERONI LEROY D
vs
: DEPARTMENT OF GENERAL SERVICES
Sheriff's Return
No. 1975-T - -2002
OTHER COUNTY NO. 02-3842
at ll:00AMserved the within
upon
by personally handing
1 true attested copy(ies)
and making known
Sworn and subscribed to
before me this 30TH day O~-~UGUST, 2002
t
PROTHONOT.~.¥
So Answers,
Sheriff '
Sheriff's Costs: $31.50 PD 08/19/2002
RCPT NO 168155
TORO
~n The Coart of Common Pleas of Cumberland County, Pennsylvania
Leroy D. C~neroni
VS.
William Andrew Foltz et al
02 3842 civil
SERVE: Department of General Services
Now, AugUst 14, 2002
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY} PA, do
County to execute this Writ, this
Affidavit of Service
Now, ,20 , at o'clock __ M. served the
Within
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of County, PA
Sworn and subscribed before
me this __ day of ,20__
COSTS
SERVICE
MIl ,EAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pennsylvania
Leroy D. C~meroni
VS.
William Andrew Foltz et al
02 3842 civil
SERVE: Department of Public Welfare No.
Now, AugUst 14, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
}XIOW,
within
Affidavit of Service
., 20__., at
o'clock M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of ., 20__
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
ADAM G. GRISSINGER,
APPELLANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
APPELLEE
: 02-3842 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE
ORDER OF COURT
AND NOW, this ~*t'~l~ day of October, 2002, the within appeal from an
DISMISSED.
order of suspension of driving privilege, IS By
Edgar B. Bayley, J.
Robert Saidis, Esquire
For Appellant
George H. Kabusk, Esquire
For Appellee
:sa]
ADAM G. GRISSINGER,
APPELLANT
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
APPELLEE
: 02-3842 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE
OPINION AND ORDER OF COURT
Bayley, J., October 24, 2002:-
Appellant, Adam G. Grissinger, filed this appeal from a notice by PennDOT of
the suspension of his driving privilege for 365 days pursuant to the Vehicle Code at 75
Pa.C.S. Section 1539. A hearing was conducted on October 21, 2002.
On May 4, `1998, appellant was assessed four points for speeding. On July 5,
'1998, he was assessed another four points for speeding. Because he was over six
points, PennDOT notified him by letter that he must pass a special examination. The
contents of that notice, which is referred to on the certification statement of PennDOT,
is not in PennDOT's records.
On July 6, '1998, appellant was assessed four points for a third speeding
conviction. That gave him a total of twelve points which triggered a sixty day
suspension of his driving privilege. The notice of the suspension was mailed to
appellant on July 28, 1998. Pursuant to the prior notice to pass a special examination
based on his second speeding conviction, appellant took and passed the examination
02-3842 CIVIL TERM
on September '1'1, '1998. However, on that same day, September 11, '1998, PennDOT
mailed him a notice suspending his driving privilege indefinitely. The notice stated,
inter alia:
An indefinite suspension will be imposed under Section 1538 of the
Vehicle Code, on the effective date listed below, as a result of your failure
to comply with the required Special Examination.
The effective date of suspension is 09/11/1998, 12:01 a.m.
The above mentioned sanction is in addition to any previously
issued sanction(s).
Failure to pass the examination before 09/11/1998 will result in the
suspension of your driving privilege until you pass the examination.
If you pass the examination on or after 09/11/1998, you must pay a
$25.00 restoration fee, and are not authorized to drive until your driving
privilege is officially restored by the Department.
The notice set forth that there was a right to appeal the indefinite suspension
within 30 days of the mail date. No appeal was filed. Appellant's driving privilege was
restored on September 29, 1998, after he completed the sixty day suspension for
which he was notified on July 28, 1998.
On May 22, 1999, appellant received a ninety day suspension for carrying a
false ID card. His driving privilege was restored on November 8, 1999. Appellant was
assessed points on June 30, 2000, and October 13, 2000, for two more speeding
convictions. Following yet another speeding conviction, he was assessed four points
on June 16, 2002. This resulted in his point total again exceeding eleven points,
triggering the current suspension of 365 days. PennDOT maintains that this is the
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fourth suspension of driving privilege which, pursuant to Section 1539 of the Vehicle
Code, mandates a 365-day suspension. The prior suspensions being: (1) 1998, sixty
days, (2)1998, indefinite, and (3) 1999, ninety days. Appellant maintains that this is a
third suspension, the length of which should be for 165 days, because the indefinite
suspension in 1998 was invalid, and should not be counted under Section 1539(c) of
the Code. Section 1539 provides:
(a) General rule.--When any person's record shows an
accumulation of 11 points or more, the department shall suspend the
operating privilege of the person as provided in subsection (b).
(b) Duration of suspeneion.--The first suspension shall be for a
period of 5 days for each point, the second suspension shall be for a
period of 10 days for each point, the third suspension shall be for a period
of 15 days for each point and any subsequent suspension shall be for a
period of one year.
(c) Determination of subsequent suspensions.--Every
suspension and revocation under any provision of this subchapter
shall be counted in determining whether a suspension is a second,
third or subsequent suspension. (Emphasis added.)
Before we can address the merits of appellant's claim we must resolve a motion
by PennDOT to quash this appeal as untimely. PennDOT mailed appellant notice of
this 365-day suspension on July 10, 2002. The Judicial Code at 42 Pa.C.S. Section
5571(b) provides:
Except as otherwise provided in subsections (a) and (c) an appeal
from a tribunal or other government unit to a court or from a court to an
appellate court must be commenced within 30 days after the entry of
the order from which the appeal is taken, in the case of an interlocutory
or final order. (Emphasis added.)
The timeliness of this appeal is a jurisdictional issue. Department of
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Transportation, Bureau of Driver Licensing v. Shemer, 157 Pa. Commw. 380
(1993). The 30th day after July 10, 2002, was Friday, August 9, 2002. The appeal was
filed on Monday, August 12th, thus it is untimely? An extension of a statutory appeal
cannot be granted as a matter of grace or mere indulgence. Dixon Estate, 443 Pa.
303 (1971). Extensions are generally limited to cases where there is fraud or some
breakdown in the court's operation. West Penn Power Co. v. Doddard, 460 Pa. 551
(1975). See also, Overnite Transportation Company v. Local Union No. 107, 786
A.2d 173 (2001). In the case sub judice, our examination of the evidence on the issue
of the untimely appeal satisfies us that there is no legal basis for granting an extension.
See Tarlo v. University of Pittsburgh, 66 Pa. Commw. 149 (1981). Having no
discretion to exemise, we will not address the appeal on the merits.
ORDER OF COURT
AND NOW, this ~ day of October, 2002, the within appeal from an
order of suspension of driving privilege, IS DISMISSED.
Edga; B. Baylei,~J.~
' If the thirtieth day following the date of the notice of the mailing of the suspension had
been on either a Saturday or Sunday, or on any day made a legal holiday by the laws of
this Commonwealth or the United States, this appeal filed on Monday, August 12th,
would have been timely. 1 Pa.C.S. § 1908.
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Robert Saidis, Esquire
For Appellant
George H. Kabusk, Esquire
For Appellee
:sal
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