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COMMONWEALTH OF PENNSYLVANIA,
Plaintiff,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
,
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VS.
NO, 95-6593
DENNIS D. NESS,
Defendant.
CIVIL ACTION--LAW
ORDER
the
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AND NOW, this 3D day of January 1996, upon consideration of
within Motion for Continuance, the hearing scheduled for January
'ft..I J _:. n
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, 1996,
29, 1996 is continued until the
at ., :30 -{l.m., in Court Room ,,?
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COMMONWEALTH OF PENNSYLVANIA, , IN THE COURT OF COMMON PLEAS
t CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, ,
vs. t r5"- (;593
, NO.
DENNIS D. NESS, I
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Defendant. I CIVIL ACTION--LAW
MOTION FOR CONTINUANCE
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The Motion of Dennis D. Ness, by and through his attorney, Robert
L. Buzzendore, Esquire, respectfully represents'
1. The Court scheduled a hearin9 on January 29, 1996, as the
result of a Petition filed by Dennis Ness relating to his appeal of a
Department suspension of his commercial driver's license.
2. Defendant's suspension was due to a report received from the
State of Virginia which informed the Department of a failure to
respond to a citation. Defendant's Petition with this Court lists the
specific averments.
3. Defendant is pursuin9 legal action in Virginia but the Courts
have not scheduled a hearing on the matter.
4. Defendant is requesting a continuance of this hearing in
order to provide additional time to resolve the underlying issue in
Virginia.
5. Attorney George Kabas of the Department does not object to
the continuance.
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WHEREFORE, Defendant respectfully requests this Honorable Court
to grant his request and continue the case,
Respectfully Submitted,
By
Ro er .
ROBINSON & GERALDO
Attorney I.D. No, 5 7
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Defendant
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CERTIFICATE OF SERVICE
This is to certify that on the 23rd day of January 1996, Robert
L. Buzzendore, Esquire caused a true and correct copy of the foregoing
Motion for Continuance to be served upon the party of record named
herein by means of depositing the same in the United States mail,
certified, postage prepaid, as follows I
George Kabas, Esquire
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
Office of Chief Counsel
103 Transportation & safety Building
Harrisburg, Pennsylvania 7120
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Attorney for Defendant
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COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, :
vs. I
I NO.95-6593
DENNIS D. NESS, I
Defendant. CIVIL ACTION--LAW
~RELIMINARY ORDER
AND NOW, this~ day of December 1995, upon consideration of
the within Petition of Defendant, a Supersedeas is granted and the
suspension of the Department of Transportation is lifted and stayed
until the conclusion of a hearing in this matter.
BY THE COURT:
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COMMONWEALTH OF PENNSYLVANIA,
plaintiff,
IN THE CO!!RT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-6593
DENNIS D. NESS,
Defendant.
CIVIL ACTION--LAW
;ETITI~N ~~R SU~ER~EDEAS OF ~~SPENSION FROM ORDER OF
DE ARTME T TRA SP RTATION S PENDING DRIVER'S LICENSE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of Dennis D. Ness, by and through his attorney,
Robert L. Buzzendore, Esquire, respectfully represents:
1. Defendant resides at 91 Beaver Avenue, Eno1a, pennsylvania.
2. Defendant currently possesses a commercial driver's license,
number 19195332.
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3. On or about October 17, 1995, Defendant was notified by the
Department of Transportation that his license will be suspended for
the following reason, as set forth in the Notice: Disqualification
for one year as stated in Section 1611 of the Vehicle Code.
4. Defendant is an owner/operator of a commercial motor vehicle,
that is a tractor-trailer. The disqualification of his license for
one year will impose a substantial burden on his ability to maintain
his business as a motor vehicle operator.
5. Defendant's suspension in Virginia resulted from an
ill-advised guilty plea to a driving while suspended violation. The
factual background is described in the following averments.
6. On or about December 10, 1992, Defendant received a fine in
the amount of $31.00 from a Virginia traffic violation which resulted
from the improper possession of a radar detector.
7, In or about 1993, Virginia suspended Defendant's license for
failure to pay the citation. The suspension would have been lifted
upon receipt of payment by Defendant.
8. On or about March 23, 1993, Defendant paid the fine for the
improper possession of a radar detector. Defendant reasonably
believed that no suspeneion existed because of the payment of the
citation. (Attached as "Exhibit A" is a copy of the receipt from the
clerk. Exhibit A indicates a stamped received date of November 7,
1995 due to Defendant.s submission of this receipt as proof of payment
for the radar violation. Defendant submitted this with his payment
for the driving while suspended violation which is attached as
"Exhibit B.")
9. On or about August 4, 1995, Defendant received a citation in
Virginia for driving with a suspended license. The officer cited him
for the violation during a routine stop of commercial vehicles.
Although Defendant had paid the citation for the radar detector
violation, the Virginia Department of Motor Vehicles indicated an
active suspension for failure to pay that citation.
10. Defendant does not enter into Virginia except on very
limited occasions and therefore, he believed the costs of contesting
the citation exceeded the benefits.
11. Defendant pleaded guilty to the citation and Virginia
suspended his license for that offense until December 12, 1995.
Defendant paid the fines and costs for that citation.
By
Ro e . uzzen or ,
ROBINSON & GERALDO
Attorney I.D. No. 77
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Defendant
12. Pennsylvania received a report from Virginia and it notified
Defendant of a one-year suspension to commence on October 17, 1995.
13. On November 11, 1995, Defendant filed an appeal with this
Court requesting a hearing 'de novo'.
14. On November 21, 1995, the Court scheduled a hearing for
January 29, 1995.
15. Pursuant to section 1550(b)(2) of the Motor Vehicle Code,
Defendant is requesting that the suspension be lifted and stayed until
the hearing on this matter. 75 Pa.C.S.A. 1550(b)(2). ~'he Court is
permitted to enter an 'ex parte' order under this section.
16. Defendant believes that he has a reasonable basis to succeed
on the merits of this claim. Defendant believes that virginia will
permit him to rescind his guilty plea to the driving while suspended
violation based upon the facts of the case. Consequently, the
underlying suspension will be removed and Pennsylvania will lack a
sufficient basis to suspend his license.
WHEREFORE, Defendant respectfully requests that the suspension of
his commercial driver's license be lifted and stayed until the hearing
date.
Respectfully Submitted,
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OPERATOR'S LICENSE REINSTATEMENT FORM
TO TilE DIVISION OF MOTOR VEIlICLES:
The below named defendanl has paid the line, and COlt' in full fm the followinS offellle(.):
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Opera lor'. License No,
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office in mde, 10 have your operalins privileses reinstaled.
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INSTRUCTIONS: Pre..nl Ihi. fmlll and your reeeipl al Ihe nearcst
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CERTIFICATE OF SERVICE
This is to certify that on the 15th day of December 1995, Robert
L, Buzzendore, Esquire caused a true and correct copy of the foregoing
petition to be served upon the party of record named herein by means
of depositing the same in the United States mail, certified, postage
prepaid, as follows:
George Kabas, Esquire
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
Office of Chief counsel
103 Transportation & safety Building
Harrisburg, pennsylvania 17120
By
Ro L. Buzze or
ROBINSON & GERALDO
Attorney 1.0. No. 77
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Defendant
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COMMONWEALTH OF PENNSYLVANIA,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DENNIS D. NESS,
NO. 95 6593 Civil
Defendant
CIVIL ACTION -- LAW
PROOF OF SERVICE
I, Robert L. Buzzendore, Esquire, do hereby certify that on the
20th day of November 1995, I caused a true and correct copy of the
Appeal of License Suspension to be served upon the following counsel
or parties of record by certified mail, return receipt requested.
Proof of service is attached hereto as "Exhibit One."
Pennsylvania Department of Transportation
Office of Chief Counsel
103 Transportation & Safety Building
Harrisburg, Pennsylvania 17120
ROBINSON & GERALDO,
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By
Robe . uzzen
Attorney I.D. No.
4407 North Front reet
Post Office Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Defendant
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, IPENNSYLVAN, IA DEPARTMENT OF 4b. ServlcaType
: , TRANSPORTATION 0 Reg/"Ired ro.ln.urod
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HARRISBURG, PA 17120 NWil:.u~ ,I,
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COMMONWEALTH OF PENNSYLVANIA,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. QS-lD59,3 (;".fJT€nf\')
DENNIS D. NESS,
Defendant.
CIVIL ACTION--LAW
~ PRELIMINARY ORDER
AND NOW, this~ day of November 1995, upon consideration of
the within Petition of Robert L. Buzzendore, Esquire, attorney for
Defendant, a hearing de novo is hereby granted to determine whether
the action of the Department of Transportation in suspending the
driver's license of the Defendant should be set aside.
The hearing is set for (\,.AL(.uW.\ llf , 19912-, at Q'36 .Lr.m.,
and the Prothonotary shall n~artment forthwith. [1~
BY THE COURT:
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COMMONWEALTH OF PENNSYLVANIA,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO.
DENNIS D. NESS,
.
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Defendant.
CIVIL ACTION--LAW
PETITION FOR APPEAL FROM ORDER OF
DEPARTMENT OF TRANSPORTATION
SUSPENDING DRIVER'S LICENSE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of Dennis D. Ness, by and through his attorney,
Robert L. Buzzendore, Esquire, respectfully represents:
1. Defendant resides at 91 Beaver Avenue, Enola, pennsylvania.
2. Defendant currently poasesses a commercial driver's license,
number 19195332.
3. On or about October 17, 1995, Defendant was notified by the
Department of Transportation that his license had been suspended for
the following reason, as set forth in the Notice: Disqualification
for one year as stated in Section 1611 of the Vehicle Code.
4. The suspension is improper for the following reasons: The
State of Virginia improperly suspended Defendant's license and the
violation of Section 1611 of the Vehicle code is subject to an Appeal.
5. Defendant is an owner/operator of a commercial motor
vehicle. The disqualification of his license for one year will impose
a substantial burden on his ability to maintain employment as a motor
vehicle operator.
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WHEREFORE, Defendant prays that this matter be set down for a
hearing de novo before your Honorable Court and that the Order of the
Department of Transportation be set aside.
Respectfully Submitted,
By
Ro r . uzzen 0 e
ROBINSON & GERAL
Attorney 1.0. No. 977
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Defendant
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VERIFICATION
I verify that the statements made in the Petition 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 unsworn
falsification to authorities.
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CERTIFICATE OF SERVICE
This is to certify that on t~e 17th day of November 1995, Robert
L. Buzzendore, Esquire caused a true and correct copy of the foregoing
petition for Appeal to be served upon the party of record named herein
by means of depositing the same in the united states mail, certified,
postage prepaid, as follows:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
Office of Chief counsel
103 Transportation , safety Building
Harrisburg, pennsylvania 17120
By
Ro er . uzzen or
ROBINSON & GERALOO
Attorney 1.0. No. 55977
4407 North Front street
P.O. Box 5320
Harrisburg, pennsylvania 17110
(717) 232-8525
Attorney for Defendant \
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DENNIS D. NESS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 6593 CIVIL TERM
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AND NOW, April 25, 1996, the parties having appeared for hearing, before
any testimony had been taken, the attorneys having Indicated that the appeal be
dismissed, the appeal Is dismissed. The department agrees to reinstate the
Commercial Driver's Ucense disqualification on or after July 1, 1996, with the
understanding that the motorist will pay the restoration fee for the Section 1533
Indefinite suspension, and the department will update Its records If the underlying
conviction to this action Is reversed. Defense counsel has related to the Court that
an appeal of the underlying conviction Is being contemplated In Virginia.
By the Court,
J.
Royce Morris, Esquire
For the Appellant
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George Kabusk, Esquire
For the Commonwealth
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