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HomeMy WebLinkAbout13-4172 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County f/ 3 s The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint 0 Writ of Summons R3 Petition E Transfer from Another Jurisdiction 13 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Daniel J. Harmon PA Department of Transportation I Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ©within arbitration limits U (check one) outside arbitration limits N Is this a Class Action Suit? ❑Yes © No Is this an MDJAppeal? [J Yes 21 No A Name of Plaintiff/Appellant's Attorney: Robert A. Kulling 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑Debt Collection:Credit Card Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance 0 Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ®Employment Dispute: Slander/LibeU Defamation Discrimination El C El ©Employment Dispute:Other Zoning Board T Other: I ❑ Other: O MASS TORT Asbestos N 0 Tobacco © Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste F-1 Other: El Ejectment � Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation 0 Declaratory Judgment ❑ Ground Rent Q Mandamus ❑Landlord/Tenant Dispute ®Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Quo Warranto Dental ❑ Partition ❑Replevin © Legal © Quiet Title ❑Other: ❑ Medical f-1 Other: © Other Professional: Updated 1/112011 DANIEL J. HARMON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. 3 -- I d- �, f COMMONWEALTH OF LICENSE SUSPENSION APPEAL r ; PENNSYLVANIA, � 0 PENNSYLVANIA DEPARTMENT c� OF TRANSPORTATION, ZXE3 BUREAU OF DRIVER LICENSING, v �� Appellee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant,Daniel J.Harmon,by and through his attorney,Robert A. Kulling, Esquire, and avers the following: 1. Appellant resides at 116 Fair Avenue, Hanover, PA 17033. 2. Appellant received two Notices dated July 15, 2013, stating that as authorized by Section 1544 and 1543 of the Pennsylvania Vehicle Code,his driving privilege was being suspended for a period of twenty(20)days and one(1)year respectfully,effective August 19,2013 and August 19, 2014, at 12:01 a.m. A copy is attached hereto as Exhibits "A"and "B." 3. Appellant received the aforementioned Notices due to convictions of Exceeding Maximum Speed' and Driving While Operating Privileges Suspended or Revoked on July 5, 2013. 4. Appellant filed a timely Summary Appeal on July 18, 2013 challenging his convictions of Exceeding Maximum Speed and Driving While Operating Privileges Suspended or Revoked. This Summary Appeal is Docketed at CP-21-SA-123-2013. A copy is attached hereto as Exhibit"C." 1 75 Pa.C.S. §3362 §§Al-17 Ceff 107 Z 2 75 Pa.C.S. §1543(a) t �q 3 317 5. The administrative order of the Pennsylvania Department of Transportation suspending his license is improper. WHEREFORE,your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, DEYO & KULLING Date: July 18, 2013 7A Robert . u squire 50 East High Street Carlisle, Pennsylvania 17013 (717) 386-5639 Supreme Court ID #308874 Attorney for Appellant ATTORNEY VERIFICATION Robert A. Kulling, states that he is the attorney for Daniel J. Harmon Appellant in this action;that he makes this affidavit as attorney because he has sufficient knowledge or information and belief,based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: Robert A. Kulling, squire Exhibit "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JULY 15 , 2013 DANIEL J HARMON WID # 131899283024331 001 116 FAIR AVE PROCESSING DATE 07/08/2013 DRIVER LICENSE # 27033367 HANOVER PA 17331 DATE OF BIRTH 09/26/1984 Dear MR . HARMON ; This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code . As a result of your 07/05/2013 conviction of violating Section 3362 of the Vehicle Code , EXCEEDING MAXIMUM SPEED , on 06/06/2013 : ■ Your driving privilege is SUSPENDED for a period of 20 DAY( S) effective 08/19/2014 at 12: 01 a .m. Instead of assigning points to your driver ' s license record , Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver 's license record . Therefore , PennDOT is assigning this additional 20 DAY(S) suspension to your current suspension . This suspension is in addition to any other suspensions already on your record . 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 08/19/2013 . You may surrender these items before , 08/19/2013 , 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 . 131899283024331 You will not receive credit toward serving any suspension until we receive your license(s) . Complete the following steps to acknowledge this suspension . 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 letter , 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 . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , JULY 15 , 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 08/19/2013 . 131899283024331 Sincerely , 9�x Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8 : 00 a .m . to 5 : 00 p .m . IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www. dmv . state . pa . us Exhibit "B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JULY 15 , 2013 DANIEL J HARMON WID # 131899283024320 001 116 FAIR AVE PROCESSING DATE 07/08/2013 DRIVER LICENSE # 27033367 HANOVER PA 17331 DATE OF BIRTH 09/26/1984 Dear MR . HARMON : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code . As a result of your 07/05/2013 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 06/06/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/19/2013 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 08/19/2013 . You may surrender these items before , 08/19/2013 , 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 . 131899283024320 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 letter , 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" . 131899283024320 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 PennDDT 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 , JULY 15 , 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 PennDDT by 08/19/2013 . Sincerely, 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 TOO IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TOO OUT-OF-STATE 717-412-5380 Exhibit "C" IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND <�F � Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Name and Address of District Justice: Daniel J. Harmon Honorable Judge Susan K. Day 116 Fair Avenue 229 Mill Street Hanover, PA 71p 17033 Nit. Holly Springs, PA lip 17065 Signature C) � Magisterial District No.09-3-03 Decision of District Justice: Guilty Date of Decision 7/5/2013 Offense(s) Appealed 75 Pa.C.S 3362 Al-17; 75 Pa.C.S 1543(a) Name and mailing address of officer as shown on citation If sentence includes fine and costs, amount of which paid: or complaintTroy L. Wiser, Mt. Holly Police Dept. S400 Harmon ree , �­o>y S-pri PA 1106 Type or amount of bail furnished to District justice, if any: ngs, N/A Name and Address of,Attorney: District Justice Docket No. 3417-2013; 3418-2013 (signature) �- (print name) Robert A. Kuiling 50 East High Street Citation No. C 0130493-6; B 9077547-3 (address) Carlisle, PA Da>Z -� Lip 1701_�__—_ Phone: 717-386-5639 Aty�`r�.# 808874,..,_. NOTICE TO DEFENDANT: c ,ou will be notified of court hearing date by the District Attorney. w if your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter. i L ARK OF` `OU .i S DANIEL J. HARMON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, Appellee CERTIFICATE OF SERVICE I,Robert A.Kulling,Esquire,Esquire,attorney for Appellant,do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid certified, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, DEYO & KULLING Date: July 18, 2013 Robert A. Kulling, Esquire 50 East High Street Carlisle, Pennsylvania 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Appellant aY DANIEL J. HARMON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. 13 nv, COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this J)d day of , 2013, upon consideration of this V 01 Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter shall be held on the day of /)` 2.. , Q2443 at 26 o'clock c, m. in Courtroom No. Of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1)until such time that this Honorable Court resolves this appeal. By the Court: �z% J. Distribution: v6ffice of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Floor,Riverfront Office Center =T Harrisburg, Pennsylvania 17104-2516 , ('t} obert A. Kulling, Esquire w a j DEYO&KULLING r- --< � M- 50 East High Street ( 9 �'q Carlisle, Pennsylvania 17013 �• C= cj DANIEL J. HARMON, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY,PENNSYLVANIA V. No. COMMONWEALTH OF LICENSE SUSPENSION APPEAN T' PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, E3 Appellee , PROOF OF SERVICE -< EXHIBIT "A" SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3.Also complete A. signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) of Q ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No PA (ahm -rlN;rd Floor, F-N(/6'f V Tl Pe--CkGnkr 3. Service Type m certified Mail O Express Mall ? I�f b� t�� 13 Registered Mail ❑COD.Receipt for Merchandise U �'T ( <IJ 4. Restricted Delivery?ffjdm Fee) ❑Yes 2. (Pans rfrom 7012 2210 0000 7796 4598 (Transfer from service_ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i Respectfully submitted, 'c, DEYO & KULLING Date: August 9,2013 Robert A. frulling, Esquire 50 East High Street Carlisle, Pennsylvania 17013 (717) 386-5639 Supreme Court ID# 308874 Attorney for Appellant DANIEL J. HARMON, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-4172 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. 7,J, 3 3 6 2 (20(10-jj DISMISSED and the suspensionfewhich ace the basis of this appeal shall be REINSTATED. `' e AJo,/etr 12/ 20/ 3 SUSTAINED and the suspensions which are the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspensions which are 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, ,r— <t Carlisle, Pennsylvania. BY THE COURT: (--) >- 1 -- ^ate Cri r,vc. J. Attest: /<obert A. Kulling, Esq., Deyo & Kulling, 50 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 corces ' .L / /0/3/1.2 =ri