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COMMONWEALTH PENNSYLVANIA v. EDWARD D. SHAIN (03/11/88)

decided: March 11, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLANT
v.
EDWARD D. SHAIN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Berks County, in the case of Edward D. Shain v. Commonwealth of Pennsylvania, Department of Transportation, No. 45 June 1986.

COUNSEL

Donald H. Poorman, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Kenneth E. Kendell, Assistant Counsel, Spencer A. Manthorpe, Assistant Chief Counsel, John L. Heaton, Chief Counsel, for appellant.

Robert L. Moore, for appellee.

Judges MacPhail, Barry, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 114 Pa. Commw. Page 360]

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Department) from an order of the Court of Common Pleas of Berks

[ 114 Pa. Commw. Page 361]

County which reversed the Department's recall of the operating privileges of Edward D. Shain (Appellee).*fn1 We reverse.

On April 30, 1986, the Department notified Appellee that his driver's license was being recalled pursuant to 75 Pa. C. S. § 1519(c).*fn2 The department based its actions upon a letter dated March 4, 1986 received from Scott S. Duffy, M.D., Appellee's physician which indicated that Appellee had suffered a grand mal seizure on March 1, 1986. On June 4, 1986, Appellee filed a petition with the Court of Common Pleas of Berks County contesting the Department's actions. After hearing held on July 15, 1986, the trial court rendered a decision which reversed the Department's recall of Appellee's operating privileges.

On appeal, the Department asserts that (1) Appellee's initial appeal of the Department's actions to the trial court was untimely and (2) the trial court erred in revoking the Department's recall of Appellee's operating privileges.

First, we will resolve the first issue raised by the Department: whether Appellee's appeal to the trial

[ 114 Pa. Commw. Page 362]

    court was untimely. The record reveals that the Department mailed notice of the suspension to Appellee on April 30, 1986 and that an appeal was taken by Appellee from ...


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