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Home My WebLink About01-04711a CRAIG A. SOPIN, ESQUIRE Identification No. 49587 1101 Market Street ARAMARK Tower, Suite 2610 Philadelphia, PA 19107 X215)928-0300 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION v. MORRIS J. SOLOMON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION TERM, 2001 NO.~( -- ~7l~ `IUtC, l~/L~'v~, RULE TO SHOW CAUSE AND PRELIMINARY ORDER AND NOW, this ~~ day of ~ 2001, a Rule to show cause is granted upon the Commonwealth of Pennsylvania, Department of Transportation to show cause why the Petition of Morris J. Solomon to Appeal from the Order of the Department Suspending Petitioner's Registration Privilege should not be granted. This Appeal shall act as a supersedeas of the suspension Order. Rule returnable and hearing the ~y 1 day of ~~~C%~,,o~GCx/v . pm 2001, at ~-~U ~P4. in Room ~ ~~1~-~LU~~ PA. BY THE COURT: ~- F w C' 7-~ U ~ -7 7 ~ ~~~_, ~ ~ ~~1~ { `.iJ ': J ~' } .1f-. _I 11 "... ~ ~'. i~ y~ T j ar ~ ~, `' U i' E W O CRAIG A. SOPIN, ESQUIRE Identification No. 49587 1101 Market Street ARAMARK Tower, Suite 2610 Philadelphia, PA 19107 (215)928-0300 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION v. MORRIS J. SOLOMON AND NOW, this COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION . TEAR/My, 2001 NO. Q~ ' '7 ! ~~ O R D E R day of ~.. lu i ~~~Rh'1 2001, upon consideration of the foregoing Petition to Appeal from the Order of the Department of Transportation Suspending Petitioner's Registration Privilege, it is hereby ORDERED and DECREED that said Petition is granted and the suspension of registration privilege imposed by Official Notice dated July 16, 2001 is rescinded. BY THE COURT: J. CRAIG A. SOPIN, ESQUIRE Identification No. 49587 1101 Market Street ARAMARK Tower, Suite 2610 Philadelphia, PA 19107 (215)928-0300 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION v. MORRIS J. SOLOMON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION . TER//`M, 2001 NO. ~~- ry7~~ PETITION TO APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING MOTOR VEHICLE REGISTRATION PRIVILEGE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Petitioner, Morris J. Solomon, by and through his attorney, Craig A. Sopin, and in support of his Petition to Appeal the Order of Department of Transportation, avers as follows: 1. Petitioner is Morris J. Solomon, an adult individual residing at 524 Colony Road, Camp Hill, PA 17011. 2. Respondent is Commonwealth of Pennsylvania, Department of Transportation with offices located at 1101 South Front Street, Harrisburg, PA 17104. 3. By Official Notice dated July 16, 2001, the Director of the Bureau of Driver Licensing, Pennsylvania Department of Transportation, suspended Petitioner's motor vehicle registration privilege relative to Title No. 40684082, Plate No. MJS1. Vehicle Identification No. 1FABP52U3JA234202, effective August 20, 2001 under authority of Section 1786 (d) of the Pennsylvania Vehicle Code, 75 Pa.C.S. Section 1786(d). A copy of said Notice is attached hereto as Exhibit A. 4. The said Order of the Director is illegal, arbitrary, unreasonable, an abuse of discretion and contrary to law for the following reasons: a) Said Notice does not constitute legal order of suspension; b) Said Notice and suspension are otherwise improper. Petitioner respectfully requests that a hearing de novo be granted to determine whether your Petitioner is subject to suspension of his above registration privilege, that this Appeal act as a supersedeas pending a final determination, and, upon conclusion thereof, that the Petition be granted and that the Order of the Commonwealth of Pennsylvania, Department of Transportation Suspending Petitioner's Motor Vehicle Operating Privilege be rescinded. Respectfully submitted: 1 CRAI SOPIN, QUIRE VERIFICATION Commonwealth of Pennsylvania SS: County of Dauphin Morns J. Solomon, Affiant, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowlege, information and belief and that he expects to be able to prove the same at any hearing thereon. Signature Affiant Sworn to and subscribed before me this 31 s-r day of July, 2001. ~. Not ry Public NOTARIAL SEAL i OORISE. REYNOLDS, Notary Publlc'. HaRisburg, Dauptdn County ~~~~nmiccinn xoite May t~~ ;, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAIL DATE: 07/16/01 Information (7:011 AM to 9:00 PM) • Pennsylvania 800-932-4600 Out of State 717-391-6190 TDD Pennsylvania 800.228-0676 MORRIS J SOLOMON TDDOutofState 717-391-6191 5iy4 COLONY ROAD CAMP HILL, PA 1711 Dear Motorist: you were recently requested by the Burean of Motor Vehicles to provide proof of financal responsibility (insurance) covering the operation of the following vehicr. MAKE: FORD, BODY TXPE: SEDAN, VIN NO: 1FABP52U3JA234202, TITLE: 40684082, TAG NO: MJSI. This information was requested as a result of this Bureau being notified by SAFECO INSURANCE COMPANY OF AMERICA that the insurance policy wvering the vehicle was terminated on OS/13%Ol. Either no response was received or the information you provided indicated a lapse of wverage which was not permitted under Section 1786 of the Vehicle Code. As a rewlt, the vehicle registration privilege will be suspended_for three months effective 08/20/01 at 12:01 A.M. as authorized by Section 1786 (D) of the Vehicle Code. Ttiis is a final order of suspension. You may obtain .reconsideration of this order by submitting a iropy of your Insurance identification card, the declaration page of your insw~ance policy, a valid binder of insurance, or an application for insorance to the Pennsylvania Auto Insurance Plan as evidence tbat the described motor vehicle was ctmtinuously covered by liability insurance. If there was a lapse in insurance coverage, you must provide this Bureau with-proof of insurance indicating an effective date of coverage of less than 31 days iron 05/13/01, and alm provide a notarized affidavit stating that your vehicle was not operated during this time. It is necessary far you to provide copies of the insurance documents and return them with this notification. A scf addressed label is enclosed for your convenience. Please note that original documents will not be returned. This is a final order of suspension and unless you receive notice from this Department that reconvideration was granted, yon wiU be required to velum your current registration plate, sticker and card. Additionally, credit toward serving the suspension will not begin until the registration plate is received by the Bureau. Yon will be required to pay a restoration fee in the amount of $511.00, to the Department in accordance with Section i9o`0 of the Vehice Code. Please sce the enclosed application tar additional restoration tee information. We have enclosed a scf-addressed envelope for use when wrresponding and a mailing label to assist with the return of your registration plate, sticker and card. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty (30) days of the date of this notice. Sending a wpy to this Department of a timely, fded appeal will stay the Department's action pending a final decision 6y the wort. The copy must be sent by oetified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 171042516. l 1r _ _ - -__~ ~~,, ~ ~ V ~ ' M v? ~1 c ~_ 7~1 ~~ tom.,.. -~.-. c~~ ~~ q ~. i y") a <.,~ .'~~ i..J V .~ c? -4 L~ ;'a n ST '~ ~J : ~~>~ _ dR a&l`M,:-~>i% -mx cr „e..,::. r ,,,.-:,r.r i e=r^~ ~y .vr~x y,{z~r~,9~jp~~fR':&'§+'~~ e y CRAIG A. SOPIN, ESQUIRE Identification No. 49587 1101 Market Street ARAMARK Tower, Suite 2610 Philadelphia, PA 19107 (215)928-0300 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION v. MORRIS J. SOLOMON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION NO. 01-4711 PROOF OF SERVICE Morris J. Solomon, through his counsel, Craig A. Sopin, Esquire, does hereby certify that a copy of Petition to Appeal From Order of Department of Transportation Suspending Motor Vehicle Registration Privilege in the above matter was mailed, postage prepaid, Certified Mail, Return Receipt Requested, on August 16, 2001, as follows. A copy of the return receipt card is attached hereto as Exhibit A. Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17140 CRAIG A. SOPIN, ESQUIRE ~. ;,; ;, i ., ... ~ '~, ®SEN®F.R: I also wish to receive the -' - ,~ 9 •Cgmplete items 1 andlor 2 far addisonel services. fOllOwing serVlCBS (for an - - ~ _ _ ~ w - ; ~ sOomplde aeme 3, 4a, and 4b. •ptlm your name and edtlrass on the reverse of this form so that we can return this e~ {gg~; _ _. m - j _ eAttach dada form to the fmm of the meilpiece, or an the badr if Space does not 1. ^ Addressee's AddreSS _ '. ~ eW~me Return Receipt Fequested' on the mailpiace balowtlre adide number 2. ^ fleSlddC[Bd D81iVery y . ~ is eThe Return Recelpt will show to whom the aNde was delivered antl the date Consult postmaster for fee. .® c ~;,,~~. :. ® e Addressed to: l 3. Artic 4pa. Article Number 7Om7l~~1n9~ ` ¢ -, a l ` ~ SOT J' D r //~Q/! dG+d c i JJ //y ~ 4b. Service Type e ; ~, °u ~~ ~/~ L/~ Gdt~~ ~ ^ Registered ~Certfied ~ , ° ~ W ~ ~ ~ ^ Express Mali ^ Insured ~Retum Receiptfor Merchandise ^ coo - M ° :: %/D! m ~ mvealtn ar Fennsyivan o ' / ~~p a~rnyti~Yransporta!fD 7. Date of Delivery ~ '. ~ - M~iWt~ ~ ~ ,, _ ~ - - ~ 5. Received By: (Print Name) ~~ ~ ~~(~'~ 8. Addressee's Address (Only if requested m and lee Is paid) ,c r-: - `'! , 6. Signature: (Addressee orAgent) CFFiCE OF ~, X ': CHIEF COUNSEL ; I ~ .es Form.3811 .December rasa i , , ,ozs9s9~-s o,r9 Domestic Return Receipt ~.. r _, -.. _~ ..:: -..~..-. .. a .. .mq~Fx'Vry4A ~;1 -- ~„ ~ , r Z^- r C~ "t, 1 ~ ~t.J .~ T~ _ ~' ~ ,_' /_ _~t :n :~ ~~ w _ ae-. _ q~tawn49wanmo ~ a, •~e, -. nsao m ..a~.Yr~a"9~?s+s~sasstetq~^-~.,..• .. '~i``' COMMONWEALTH OF PA., IN THE COURT OF COMMON PLEAS OF DEPT. OF TRANSPORTATION, CUMBERLAND COUNTY, PENNSYLVANIA Respondent loll O1,$9~t CIVIL vs. CIVIL ACTION -LAW MORRIS J. SOLOMON, Petitioner REGISTRATION SUSPENSION APPEAL ORDER AND NOW, this 2 3''~ day of October, 2001, on agreement of the parties, hearing in the above matter set for October 24, 2001, is continued generally. BY THE COURT, George Kabusk, Esquire For PennDOT Craig A. Sopin, Esquire For Petitioner :rlm ~~ J0 ~4~0~ ~ ~S "yV ~~~~ ~~~~~ft~/tl~~~ h ` 7YJ ...L.r,N~'~~ lJ + •~1 fi~~"i,,f : ~7~.l.1 f t f1 ~~ ~ ,~~ ~_ .. nsrnawKw .. .,. ~+m nswmv~-.zee =.wpn ksv vv r 3~rvi~:a ea: ~e~'aMA9 ..... ,.,, RECEIVED APR 111005 a - CRAIG A. SOPIN, ESQUIRE Identification No. 49587 601 Walnut Street The Curtis Center, Suite 160-W Philadelphia, PA 19106 (215)928-0300 COMMONWEALTH OF PENNSYLVANIA, COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION OF CUMBERLAND COUNTY vs. CIVIL DIVISION MORRIS J. SOLOMON NO. 01-4711 ORDER FOR HEARING AND NOW this ~jj~i day of ~'~~ 2005, upon consideration of Defendant's Motion For Hearing in the above matter, said Motion is granted and a hearing on Defendant's Petition To Appeal is scheduled for ~~ o?,J~ 2005 at 9,~() ~ M. in Courtroom ~ Cumberland County Courthouse. ~~~ c~ p5 oa,~ BY THE COURT: >. ~t. -- ~'> > ~; _~ ~~: ~: ~~,_ a? ~; ~'- ~, :c. J C- ~= iL ~ °- _, b ~' ~~, ~ sA, r .~srx.Q .^:~a=~t~e:~rr~rcw',ihY3~uPF~. .. .,,,:- ~ CRAIG A. SOPIN, ESQUIRE Identification No. 49587 601 Walnut Street The Curtis Center, Suite 160-W Philadelphia, PA 19106 (215)928-0300 COMMONWEALTH OF PENNSYLVANIA, COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION OF CUMBERLAND COUNTY vs. CIVIL DIVISION MORRIS J. SOLOMON NO. 01-4711 MOTION FOR HEARING AND NOW, comes Petitioner, Morris J. Solomon, by and through his attorney, Craig A. Sopin, and in support of his Motion For Hearing avers as follows: 1) Movant is Morris J. Solomon (hereinafter "Solomon"), an adult individual residing at 524 Colony Road, Camp Hill, PA 17011. 2) Respondent is Commonwealth of Pennsylvania, with offices located at Hanover Street, Carlisle, Pennsylvania 17013. 3) Solomon filed his timely Petition To Appeal From Order of Department of Transportation Suspending Motor Vehicle Registration Privilege on August 8, 2001. 4) By Order dated August 13, 2001 this court set October 24, 2001 as the date of the hearing. However, that hearing was continued at petitioner's request. 5) To date no hearing has been rescheduled. Petitioner, Morris J. Solomon, respectfully requests that this Honorable Court grant his Motion for Hearing and schedule a hearing in this matter. Respectfully submitted: CRAIG A. SOPIN, ESQUIRE Identification No. 49587 601 Walnut Street The Curtis Center, Suite 160-W Philadelphia, PA 19106 (215)928-0300 COMMONWEALTH OF PENNSYLVANIA, COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION OF CUMBERLAND COUNTY vs. CIVIL DIVISION MORRIS J. SOLOMON NO. 01-4711 PROOF OF SERVICE Morris J. Solomon, through his counsel, Craig A. Sopin, Esquire, does hereby certify that a copy of Motion For Hearing in the above matter was sent first-class mail, postage prepaid, on April ~, 2005 as follows: George Kabusk, Esquire Assistant Counsel PA Department of Transportation Office of Chief Counsel 1101 S. Front Street Harrisburg, PA 17104 IN, ESQUIRE C ° -n _`,~..; c a~ fin ~'?J . =: _.~ ' ~ ~ ~ i~l,. ~' •~r~' ~ ~~ .~ : ; ~~ ~ v °.: ~j ~ Y i, COMMONWEALTH OF PA, 1N THE COURT OF COMMON PLEAS OF DEPT. OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. MORRIS J. SOLOMON NO.OI-4711 CIVIL ORDER AND NOW, this ' 3 f, day of June, 2005, it is hereby ordered and decreed that the within appeal is withdrawn at the request of petitioner subject to the understanding and agreement between the parties that the effective date of the subject suspension of Pennsylvania motor vehicle registration privilege shall be postponed until September 23, 2005. BY THE COURT, George Kabusk, Esquire For PennDOT ~aig A. Sopin, Esquire For the Petitioner :rlm ~ ~ ~~ Kevi A. Hess, J. ~~ .l~' .~ t, , ~:;, ~ 1 E* ~it~~.+r LL 13t ~ -: 'I,, t~ " ` ~'S r ,~'~~a`lvs~ a n t~ I-!1 ~G'