FOR IMMEDIATE RELEASE
Contact: Barbara S. Kaplan
Penn National Insurance Tower firstname.lastname@example.org
2 N. Second Street, 7 Floor
Harrisburg, PA 17101
SAUL EWING ATTORNEYS OBTAIN DISMISSAL OF
646 BLASTING LAW VIOLATIONS FOR MARKS CONTRACTING COMPANY
HARRISBURG, PA, Sept. 24, 2003 – In a process that began with a District Justice two
months ago and ended in Schuylkill County’s Common Pleas Court last week, Saul Ewing
attorneys won the dismissal of 646 alleged violations of Pennsylvania’s blasting laws for their
client, Marks Contracting Company, of Lebanon, Pa.
The company had been constructing a sewer line in McAdoo, Pa., when the Department
of Environmental Protection charged it and three of its employees with the alleged violations.
In the first trial, the District Justice found two of the employees not guilty of 323 of the
charges. Saul Ewing attorney David Raphael immediately filed for an appeal to the Common
Pleas Court in Schuylkill County.
“We argued that the DEP employee who filed the criminal citations was not a law
enforcement officer and, therefore, could not file criminal citations,” says Raphael. “Our
argument was based on precedent that only trained law enforcement officers empowered by law
are authorized to file criminal citations in Pennsylvania.”
Schuylkill County Common Pleas Judge Palmer Dolbin accepted that argument and last
week dismissed the other 323 charges against a vice president and the company.
“Marks Contracting is an outstanding corporate citizen working in a highly regulated
environment,” says Joel Burcat, who worked on the case with Raphael and is vice chair of Saul
Ewing’s Environmental Department. “With this decision, we hope now it can focus on what it
does best—providing high quality construction services to its clients in Pennsylvania.”
Founded in 1921, Saul Ewing LLP is a full-service, diversified law firm of nearly 240
attorneys in seven offices located in Pennsylvania, Maryland, New Jersey, Delaware and New
York. For more information about Saul Ewing LLP, visit www.saul.com.