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Home My WebLink About13-3556 Supreme Co.1 ennsylvania COUr OEfcommon leas For Prothonotary Use Only: Ci il�Co'�erXSheet v Docket No: C f County 35 J�c�/ /3— I� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the,filing and.sendce of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint l.:.; Writ of Summons 41 Petition E] Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Dollar Amount Requested: E]within arbitration limits I Are money damages requested? El Yes 1 No (check one) outside arbitration limits O N Is this a Class Action Suit? El Yes No Is this an MDJAppeal? Yes No A, Name of Plaintiff/Appellant's Attorney: '—T• kA-)c WA-L.L 0 Check here if you have no attorney (are a Self-Represented (Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional F1 Buyer Plaintiff Administrative Agencies M Malicious Prosecution l Debt Collection: Credit Card E] Board of Assessment 0 Motor Vehicle !:! Debt Collection: Other Q Bo A of Elections Nuisance ept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability(does not include E r MU Employment Dispute: n.ass tort) Slander/Libel/Defamation Discrimination Q E t C El Other: ❑ Employment Dispute: Other ® Zoning Board Q Other: ,r I L] Other: O MASS TORT ❑� Asbestos N [L-] Tobacco 0 Toxic Tort-DES n__ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS j Toxic Waste E3 Ejectment 0 Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent Q Mandamus Landlord/Tenant Dispute 0 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 1❑_ Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental El Partition F11 Replevin n Legal i Quiet Title El Other: fTP Medical Other: E] Other Professional: Updated 1/1/2011 SAMIR A. HALABI, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013- 'j Y516 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM DRIVER'S LICENSE Respondent PETITION FOR APPEAL AND NOW, comes the Petitioner, Samir A. Halabi, by his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER, and sets forth the following: 1. Petitioner is Samir A. Halabi, an adult individual residing at 608 Devonshire Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. On June 5, 2013, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of six months effective July 10, 2013. A copy of the Suspension Notice is attached hereto and marked as Exhibit"A". 3. The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4. Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. MARTSON LAW OFFICES rn co c. r xrn By: � way Katie axwell, Esquire AttonW I.D. No. 206018 10 East High Street Carlisle, PA 17013 5;77 � , (717) 243-3341 Date: I�-[�3 Attorneys for Petitioner EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JUNE 05, 2013 SAMIR A HALABI WID # 131499284215373 001 608 DEVONSHIRE DR PROCESSING DATE 05/29/2013 DRIVER LICENSE # 23926917 CARLISLE PA 17013 DATE OF BIRTH 02/24/1959 Dear MR. HALABI : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 03/12/2013 conviction of violating Section 13A36 of the Controlled Substance , Drug, Device and Cosmetic Act , on 07/15/2012: ■ Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 07/10/2013 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE . You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner 's permits, temporary driver ' s licenses (camera cards) in your possession on or before 07/10/2013. You may surrender these items before , 07/10/2013, for earlier credit; however , you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However , you may apply for and obtain a photo identification card at any Driver License Center for a cost of $13.50 . You must present two (2) forms of proper identification (e .g . , birth certificate, valid U . S. passport , marriage certificate, etc . ) in order to obtain your photo identification card . You will not receive credit toward serving any suspension until we receive your license(s) . Complete the following steps to acknowledge this suspension . 131499284215373 1 . Return all current Pennsylvania driver 's licenses, learner 's Permits and/or camera cards to PennDOT. if you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege . You must specify in your letter why you are unable to return Your driver 's license . Remember : You may not retain Your driver 's license for identification Purposes . Please send these items to : Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt , review and acceptance of Your Pennsylvania driver's license(s) , learner 's permit(s) , and/or a sworn notarized letters PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within three (3) weeks, Please contact our office. otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter . 3. If you do not return all current driver license Products , we must refer this matter to the Pennsylvania State Police for Prosecution under SECTION 1571(a) (4) of the Pennsylvania Vehicle Code . PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of Your driving privilege . To pay Your restoration fee, complete the following steps: 1 . Return the enclosed Application for Restoration. The amount due is listed on the application . 2. Write Your driver 's license number (listed on the first page) on the check or money order to ensure Proper credit . 3. Follow the Payment and mailing instructions on the back of the application . Please note : Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged Your suspension/revocation, Please follow the instructions listed under "Complying with this Suspension/Revocation". 131499284215373 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation , we will send you a letter asking that you provide proof of insurance at that time . This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania . IMPORTANT: Please make sure that PennDOT is notified if you move from your current address . You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 05, 2013, of this letter . If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to : Pennsylvania Department of Transportation Office of Chief Counsel Third Floor , Riverfront Office Center Harrisburg, PA 17104-2516 Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 07/10/2013. Sincerely, Z Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 5: 00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-412-5380 J CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Appeal was served this date b depositing Y p g same in the Post Office at Carlisle, PA, first class mail,postage prepaid, addressed as follows: Philip M. Bricknell, Esquire Assistant Counsel Department of Transportation Office of Chief Counsel - Vehicle & Traffic Law Division River Front Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 MARTSON LAW OFFICES B Y M. Price Te East High Street Carlisle, PA 17013 (717) 243-3341 Dated: F:\FILES\C1ients\9806 Halabi\9806.2.petition.wpd SAMIR A. HALABI, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013- 3576 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM DRIVER'S LICENSE Respondent ORDER AND NOW, this a, � day of June, 2013, upon consideration of the foregoing Petition for Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the 2,0J day of 2013, at m at which time the issues raised in this Petition will be heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on June 5, 2013 and relating to the suspension of Petitioner's license effective on July 10, 2013. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. BY THE COURT, J. cc: Aatie J. Maxwell, Esquire C-) r ; Office of the Chief Counsel of PennDOT Zz rn Z:m to ;- e— M = r1-- C 55f ra zy SAMIRA HALABI, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND : CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, : NO. 13-3556 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : DRIVER LICENSE Respondent : SUSPENSION APPEAL ORDER AND NOW, this 2nd day of October, 2013, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. _ CONTINUED and RESCHEDULED for the day of , 2013, at .m., in Courtroom Room No. of the Cumberland County Courthouse, o ? Carlisle, Pennsylvania. BY THE COURT: w,? v p Cyi/(r/t 'ffC J. Attest: Hubert X. Gilroy, Esq., Martson Law Offices, 10 East High Street, Carlisle, PA 17013 ./ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eo , c, L 10 3 /13