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Home My WebLink About01-4711 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION v. TERM, 2001 MORRIS J. SOLOMON NO. 01- 47/1 Qlu'~l'y~ 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 l786(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. WHEREFORE, 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Commonwealth of Pennsylvania, Department of Transportation Suspending Petitioner's Motor Vehicle Operating Privilege be rescinded. VERIFICATION Commonwealth of Pennsylvania SS: County of Dauphin Morris 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 knowle~e, information and belief and that he expects to be able to prove the same at any hearing thereon. /~~ Signature~ ~fiant Sworn to and subscribed before me this 31 c,T day of July, 2001. ? /1), I - 1/ ,.' ! .f1.v, ~. .YCv!~ Notary Public NOTARIAL SEAL DORIS E. REYNOLDS, Notary Public' Harrisburg, Dauphin County I fyly r.nmmission Exoires May 11. 2002 MORRIS J SOLOMON 524 COLONY ROAD CAMP HILL, PA 17011 Information Pennsylvania Out of State TDD Pennsylvania TDD Out of State (7:00 AM to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 717-391-6191 I I : : , r I I COMMONWEALTII OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 omclAL NOTICE MAIL DATE: 07/16/01 Dear Motorist: You were recently requested by tbe Bureau of Motor Vehicles to provide proof or financial responsibility (insurance) covering the operation of the following vehicle: MAKE: FORD, BODY TYPE: SEDAN, VIN NO: 1FABP52U3JA234202, TITLE: 40684082, TAG NO: MJSl. This information was requested as a result of tbis Bureau being notified by SAFECO INSURANCE COMPANY OF AMERICA that tbe insurance policy covering tbe vehicle was terminated on 05/13/01. Either no response was received or the infonnation you provided indicated a lapse of coverage which was not permitted under Section 1786 of the Vebicle Code. As a result, the vehicle registration privilege will be suspended for tbree months effective 08/20/01 at 12:01 A.M. as autborized by Section 1786 (D) of tbe Vehicle Code. This is a rmal order of suspension. You may obtain reconsideration of this order by submitting a copy of your insurance identification card, the declaration page of your insurance policy, a r.a1id binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan as evidence that the described motor vehicle was continuously covered by 6abi1ity insurance. If tbere was a lapse in insurance coverage, you must provide tbis Bureau with proof of insurance indicating an effective date of coverage of less than 31 days from 05/13/01, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is necessary for you to provide copies of the insurance documents and return them witb this notification. A self addressed label is enclosed for your convenience. Please note tbat original documents will not be returned. This is a final order of suspension and unless you receive notice from tbis Department that reconsideration was granted, you will be required to return your current registration plate, sticker and card. Additionally, credit toward serving tbe suspension will not begin until tbe registration plate is received by the Bureau. Yon will be required to pay a restoration fee in tbe amount of $50.00, to tbe Department in accordance witb Section 1960 of tl1c Vebicle Code. Please see the enclosed application for additi",,'" re!'toration fee information. We have enclosed a self-addressed envelope for use when corresponding aud a mailing label to assist with the return of your registration plate, sticker and card. You have tbe right to appeal this suspension to the Court of Common Pleas of tbe county of your residence within tbirty (30) days of tbe date of tbis notice. Sending a copy to tbis Department of a timely, filed appeal will stay tbe Department's action pending a final decision by the court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OmCE OF CHIEF COUNSEL, TIlIRD FLOOR, RIVERFRONT OmCE CENTER, HARRISBURG, PA 17104-2516. ( l AI' I \ l ')-. ~ ~ C r-. ~ ai ~, C'-. ;-'~:: Z ~r;; M :::::> I::>~ ~ (~S , 1 <() - ~-~ () Q- 8 1J ):2 ~ 0j co :.',-" (f) V] I -J.z; <Cz . Vi & -----, S? IllW ~ ~ 1 ;~. .... ~!~Q If.. ::) 0 0 0 ~ \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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION v. TERM, 2001 MORRIS J. SOLOMON NO.ol - 47'1 C;ull~~ RULE TO SHOW CAUSE AND PRELIMINARY ORDER AND NOW, this /.,gt/J 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 3'IJb p,m . , 2001, at . 1h-M.. ~n hearing the Room 1- J{~ day of ~ ,~ ,PA. BY THE COURT: di J. '. ...... 1.0 ~ ~ c "'" <: 4.JQ -3 :::::i Q(5.~ i:E 81 1...1......:-:.1 I.t..:.,. 0(" a::s> I ;~.' ('j ;>s:! 8... ~" --, - r.r--u (..!) --i!-' ::::, !1J1f! ..,. ;;;S tL.. 0 - .::.> c () 1. t ..p~ , "" . 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION v. 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 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 (JL-- cU7 CRAIG A. SOPIN, ESQUIRE '... UNITED STATES POSTAL SERVICE III First-Class Mail Postage & Fees Paid USPS Permit No. G-10 . Print your name, address, and ZIP Code in this box. ..... ; Orelg A. 'The 1101 ~. ~ ~ Tow., St&at - IedeiPhIa PA . SIe. 2810 . "'9101 . r---,~JT1rjf- '" ,"'Jlf'-', .\. .l~;" " l! \ "'J.;11. " -"_~ ...__.1:...0;. "i . . \ . t"'-- ;q I " AUG 272001 i'i ui u._~/0 5o-&mgyz I ~:. 1...-.,.. ------ . ..._. ,,,.,.""^..,,,.-.',. ,'~ -,_.,., -~._--,--,"--; '..',..,....,=<-'"'" . . ... SENDER: :I _CampI_items 1 and/or 2 for additional services. I aiso wish to receive the .. .Complet. no.... 3.'8, and 4b. Iollowlng services (lor an I -Print yo.... name and add... on the ntV8nl8 otthie fonn 80 that we can retum this extra fee):__ .. Ii _to you. .- > -Attach this tonn to the front of the mallpiece. Of on the back If space dON not 1. 0 Addressee's Address ; .~otum Recslpt Roq_Bd" on the mailpioeo below the er1icIe number. 2. 0 ReSlric:ted Delivery .. -The Return Rece!pt will show to whom the article was deliV8l8d and the date I: del_. Consu~ postmaster lor fee. o II 3. ArtIcle Addressed to: 4a. ArlIete Number tt4 DoT /(liJIJ ,1t-/t) ,Icl.;ly' f!9d e " ,I. / /I' 4 4b. Service Type g cof-U tj t~ ~ 0 Registered Ja;::Certlfled I LL J+- 0 Express Mail 0 Insured /1 n x}o I ~mTfrWlealth oi Pennsyivan i1ZRetum RecelptforMerchandise 0 COD ~ )'->>a~W"ansportatio 7. Date of Delivery 5. Received By: (Print Name) A G 2001 Ii ~ 1;. 1 a: I: ir;' .. a: '" I: "ii' " ~ .e ". g, ... ~ !; 6. Signature: (Addressee or Agent) OFFICE OF g, X CHIEF COUNSEL .!! PS Fonn, 3811, pece,mber 1,994 102595-97.B.()179 Domestic Retum Receipt i_..;..._..' . (') 0 ~ c s:- en ..,.:,~ ;:go:> r'1 -:L,~ 29:/ -0 ,r1r= ';'TJQ] 2):": N :r;\_J (/)...:;; ;:Jr'-) ~"'. ::-:i.,., :c::0 " _,L.. -" ~8 :x ""' ~... ~F) ~ OD >c --i ~ <::> :f5 lC -< 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, DEPARTMENT OF TRANSPORTATION COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY vs. CIVIL DIVISIOli\ MORRIS J. SOLOMON NO. 01-4711 MOTION FOR HEARING AND NOW, comes Petitioner, Morris J. Solomon, i J:i>y and through hliS Motion For his attorney, Craig A. Sopin, and in support of Hearing avers as follows: , 1) Movant is Morris J. Solomon (hereinafter !'Solomon"), an , adult individual residing at 524 Colony Road, Camp H1ll, PA 17011. 2) Respondent is Commonwealth of Pennsylvania), with offices located at Hanover Street, Carlisle, Pennsylvania ~7013. 3) Solomon filed his timely Petition To Appeal From Order of Department of Transportation Suspending Motor Vehic~e 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. . WHEREFORE, Petitioner, Morris J. Solomon, respectfully requests that this Honorable Court grant his Motion for Hearing and schedule a hearing in this matter. Respectfully submitted: ({ "~'. / I I ESQUIRE ~ I ! i -c:::.::~/".~.. - i I .., ,-' . C~SbPIN' . CRAIG A. SOPIN, ESQUIRE Identification No. 49587 601 Walnut Street The Curtis Center, Suite 160-W Philadelphia, PA 19106 (215)928-0300 vs. COURT OF COMM~N PLEAS OF CUMBERLANDiCOUNTY CIVIL DIVISIor~ NO. 01-4711 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION MORRIS J. SOLOMON PROOF OF SERVICE Morris J. Solomon, through his counsel, Cr~ig A. Sopin, Esquire, does hereby certify that a copy of Motion ~or Hearing i in the above matter was sent first-class mail, postate prepaid, on APril~, 2005 as follows: l , , i George Kabusk, Esquire Assistant Counsel PA Department of Transportation i Office of Chief Counsel 1101 S. Front Street Harrisburg, PA 17104 --=:~------ i //~ OPIN, ESQUIRE ~ CRA (<) (-~ -, r--> ~ C;:) '-" ::r- V ;:U 1 CO o -n ::;:l _.~ -n fllr= "urtl COy ::l~ r -' .~~~~ "po ::0 .< .-a ~ '-!! ..,- W - c\ RECEIVED APR 1120OS:J' CRAIG A. SOPIN, ESQUIRE Identification No. 49587 601 Walnut Street The Curtis Center, Suite Philadelphia, PA 19106 (215)928-0300 160-W COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL DIVISION MORRIS J. SOLOMON NO. 01-4711 ORDER FOR HEARING AND NOW this dS'U day of {l~ , 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 (~<-~ x3 , 2005 at 9:30 Ii L/ M. in Courtroom , Cumberland County Courthouse. BY THE COURT: ,4 J. ~?~~ ().. ) ~~,~. . ~ 'J( . C\ ! }",' '\' "}r\; o u_ C) ('\.1 (',.J , ."') C'",,: 1.'-:., c:::.;> ("-.' (~: -," 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, DEPARTMENT OF TRANSPORTATION COURT OF COMMON PLEAS 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. . ' WHEREFORE, Petitioner, Morris J. Solomon, respectfully requests that this Honorable Court grant his Motion for Hearing and schedule a hearing in this matter. Respectfully submitted: L---. (; /~ ~~OPIN' ESQUIRE ~ ,~ . 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, DEPARTMENT OF TRANSPORTATION COURT OF COMMON PLEAS 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 13, 2005 as follows: George Kabusk, Esquire Assistant Counsel PA Department of Transportation Office of Chief Counsel 1101 S. Front Street Harrisburg, PA 17104 --- ...,;::;::':;"~.--^ ~ \ CRA OPIN, ESQUIRE (2 c, ';::?, ~ "'1~ ;...--;::J :;0 I cO :-. ; :~ <4"\ -::?'1J f.""If"':: ;s'C3 .~-J_n ':.::\"\ ~~\:.; -'j-', -""' \~~(r.t\ ".;... ") -~ :~ :~ ".~ <? ,;:- v:> ~ - COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-4711 CIVIL MORRIS J. SOLOMON ORDER AND NOW, this 2. r' day of June, 2005, it is hemby 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, 200S. BY THE COURT, ~rge Kabusk, Esquire For PennDOT ~ig A. Sopin, Esquire For the Petitioner K-::it.l~:: Ii I I :r1m AJ,J,;nc',')' L 0 : 111,\\1 SZ 1<ill SDUl Au '1"'" "'1 :::JHl-'O (JV' U;\!',..jt~,:..L!c:!(J...J .;l 3Cll:l!.f.t'mll:l