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HomeMy WebLinkAbout13-5100 Supreme C nnsylvania Cou PC ommo leas For Prothonotary Use Only: C1. 1 Ove M7".I'js' t Docket No: ? p t 1 County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other papers as required by law or rules of court. C,or�mencement of Action: S ® Complaint D Writ of Summons El Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T ba ; SK Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes No (check one) outside arbitration limits O , ,/ N Is this a Class Action Suit? Fa Yes 0 N Is this an MDJAppeal? 0 Yes l� No A Name of Plainti f/Appellant's Attorney: Check here if you have no attorney(are a Self-Represented [Pro Sel 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 0 Intentional Buyer Plaintiff Administrative Agencies -9 11— Prosecution Q Debt Collection: Credit Card © Board of Assessment Motor Vehicle Debt Collection: Other h Board of Elections Nuisance Dept.of Transportation E] Premises Liability Statutory Appeal: Other S 0 Product Liability(does not include Employment Dispute: mass tort E � Slander/Libel/Defamation Discrimination n Other: 0 Employment Dispute:Other i , Zoning Board Other: T I Other: O MASS TORT n Asbestos N E3 Tobacco Q Toxic Tort-DES 4 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS F1 Toxic Waste 0 Ejectment E] Common Law/Statutory Arbitration B Other: 0 Eminent Domain/Condemnation [3 Declaratory Judgment Ground Rent Mandamus 0 Landlord/Tenant Dispute Q Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial FE1 Quo Warranto El Dental 0 Partition F1 Replevin Q Legal r] Quiet Title —' Other: Medical n Other: n Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 13 - 57 00 el Z,Z- (Type your name) C-) Vs. Driver's License/Auto Registration Appeal= UZ Z; Commonwealth of Pennsylvania G-) s r— Department of Transportation .P-- r*j ;V` —< Bureau of Drivers Licensing C:> APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION C- > NO AND NOW,this (enter today's date) .20 1 comes the Appellant, (Type-your-i4em(ff:7 by his her a ttorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. Penn DOT proposes, by Notice dated (insert "mailing" date here) ItAl 11 Sh;�_,20 /3 to suspend Appellant's Wdriving privileges Flautomobile registration for a period of(Insert length of suspension) v le, Ir7 pursuant to Section :3 T 0 of the Vehicle Code,which suspension is to be effective(Insert suspension effective date) ,2 20 11 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; F-1 The conviction on which Appellant's suspension is based was overturned by successful appeal,OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other(Specify reason:) WAS rlo � (OrNV144�e_j 6 � �,E'aUt>7 Lien 6x— Cie C Ile.p1t, � L-L to V)V/,C,�16 V) 1�506 (3 I- f/� �C.� -OR- The suspension of Appellant's automobile registration is contrary to law in that: F� My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). Other(specify reason:) W Q's U_� Yowmg sclevIi-C 04 acc-ij, 5 Lt't �OV\04_�iol/) b64:lf to WHEREFORE,Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign name here) bow i Lb 0 BLiv LL4 %J r (Type name here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: L Type Name: Oct e �1 LQ Address: Sq�L4 �4_ City/State/Zip Code: v),Jc , FA 120,7 Telephone Number: C� Email address: b'V/iCL96/10 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'A I ✓ No. I� -5--l00 (Type your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on g/a 1 , 20 /�3 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: , 20 Signature: 3 Type your Name: b�ay. \ g R{ r�4 / Address: . L4) 6 S ` City/State/Zip Code: nOle, 4 B q 1-766 . S Telephone: ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** REPORT OF THE CLERK OF COURTS FILE COPY SHOWING THE CONVICTION OR ACQUITTAL OF AMENDED REPORT ANY VIOLATION OF THE VEHICLE CODE DEFENDANT REQUESTS ADDRESS •• CHANGE Under Section 6323 of the Vehicle Code, it is mandatory that the Clerk of Courts report all violations of the Vehicle Code. A DEFENDANT INFORMATION(TYPE OR PRINT CLEARLY) NAME SEX DATE OF BIRTH FIRST DAVID MIDDLE BRIAN LAST BURKEY SR. M MONTH DAY YEAR 10 6 11961 ADDRESS:(A P.O.Box Numbermay be used in addition to the actual address,but cannot be used as the only address.) 8 W PINE STREET CITY STATE ZIP CODE SOCIAL SECURITY NUMBER ENOLA PA 17025 1 - CDL HOLDER DRIVER NUMBER STATE LICENSE PLATE NUMBER YEAR STATE ❑ YES © NO 19688548 PA . YXT4942 2012 PA OFFENSE OCCURRED WHILE DRIViNGITRANSPORTING ❑ Hazardous Material ❑ Commercial Vehicle ❑ School Vehicle ❑ 16+Passenger Vehicle ❑x Other B VIOLATION INFORMATION-(The Vehicle Code-Act of June 17, 1976,P.L. 162 as amended) SECTION SUBSECTIONICLAUSE BLOOD ALCOHOL CONTENT Offense occurred in an active work zone? Officer submitted accident report? 3745 A YES ❑ NO ® YES ❑ NO DATE OF VIOLATION DATE OF CONVICTION (V) Box: ❑DATE OF ACQUITTAL ❑NOLLE PROSEQUi MONTH DAY YEAR MONTH DAY YEAR MONTH DAY YEAR 7 20 2012 6 26 2013 CHARGE VIOLATION COMMITTED DATE LICENSE OR ACKNOWLEDGEMENT WAS SURRENDERED TO COURT OR DISTRICT ATTORNEY If speed violation,enter traveling speed and (Check One) MONTH DAY YEAR legal speed: E]Summary Acci Dam To Unattended Veh E]F-Ungraded E]M-Ungraded 7 23 2013 Or Propert p:❑F1 ❑M1 ❑F2 ❑M2 [1,F3 ❑M3 C COURT INFORMATION E TREATMENT ORDERED(CHECK ONE) COURT OF COMMON PLEAS COUNTY OF 21 ❑ YES ® NO NUMBER YEAR 2013 CP-21-CR-0000250-2013 F SENTENCING INFORMATION OTN L 721374-3 (check one) D SIGNATURE AND DATE CERTIFIED Defendant Sentenced to Prison THE UNDERSIGNED THAT THE FOREGOING RECORD OF A CONY C IONIOR ACQUITfAUNOLLE PROSEQ�ERT)FIED © YES ❑ NO ❑ TIME SERVED SEAL o (check one) Must(./)for sections 3802(A)(1) ���fbYtv+ho r�-GU 06/27/2013 and 3$02(A)(2) Clerk of Courts Date Certified Was the defendant sentenced under Section _ 3804(a)(1),Title 75 of the Vehicle Code? r� FOR DEPARTMENT USE ONLY _ ❑ YES © NO Send This Form To: Bureau of Driver Licensing,Clerk of Courts,P.O. Box 60037, Harrisburg,PA 17106-0037 CPCMS 2012 CPCMS Printed:07/23/2013 12:29:42PM REPORT OF THE CLERK OF COURTS FILE COPY SHOWING THE CONVICTION OR ACQUITTAL OF AMENDED REPORT OT ANY VIOLATION OF THE VEHICLE CODE � DEFENDANT REQUESTS ADDRESS CHANGE Under Section 6323 of the Vehicle Code,it is mandatory that the Clerk of Courts report all violations of the Vehicle Code. A DEFENDANT INFORMATION(TYPE OR PRINT CLEARLY) NAME SEX DATE OF BIRTH FIRST DAVID MIDDLE BRIAN LAST BURKEY SR, M MONTH DAY YEAR 10 6 11961 ADDRESS:(A P.O.Box Numbermay be used in addition to the actual address,but cannot be used as the only address.) 8 W PINE STREET CITY STATE ZIP CODE SOCIAL SECURITY NUMBER ENOLA PA 17025 1 - I I I _ CDL HOLDER DRIVER NUMBER STATE LICENSE PLATE NUMBER YEAR STATE YES [!] NO 19688548 PA YXT4942 2012 PA OFFENSE OCCURRED WHILE DRIVING/TRANSPORTING ❑ Hazardous Material ❑ Commercial Vehicle (] School Vehicle ❑ 16+Passenger Vehicle Q Other 113 VIOLATION INFORMATION-(The Vehicle Code-Act of June 17, 1976,P.L. 162 as amended) SECTION SUBSECTION/CLAUSE BLOOD ALCOHOL CONTENT Offense occurred in an active work zone? 7ff_r submitted accident report? 4703 A YES ❑ NO © YES E] NO DATE OF VIOLATION DATE OF CONVICTION (✓) Box: (]DATE OF ACQUITTAL ❑NOLLE PROSEQUI MONTH DAY YEAR MONTH JDAY IYEAR MONTH JDAY YEAR 7 20 2012 6 26 2013 CHARGE VIOLATION COMMITTED DATE LICENSE OR ACKNOWLEDGEMENT WAS SURRENDERED TO COURT OR DISTRICT ATTORNEY if speed violation,enter traveling speed and (Check One) MONTH DAY YEAR legal speed: ®Summary Operat Veh W/O Valid Inspect F-Ungraded []M-Ungraded 7 23 2013 ❑ F1 ❑M1 ❑F2 ❑M2 ❑F3 ❑M3 IC COURT INFORMATION E FTREATMENT ORDERED(CHECK ONE) COURT OF COMMON PLEAS COUNTY OF 21 ❑ YES ® NO NUMBER YEAR 2013 CP-21-CR-0000250-2013 F SENTENCING INFORMATION OTN L 721374-3 (check one) D SIGNATURE AND DATE CERTIFIED Defendant Sentenced to Prison THE UNDERSIGNED CERTIFIES THAT THE FOREGOING IS A CERTIFIED RECORD OF A CONVICTION OR ACQUITTAUNOLLE PROSEQUI ® ❑ ❑YES NO TIME SERVED SEAL (check one) Must(,/)for sections 3802(A)(1) 06127/2013 and 3802(A)(2) Clerk of Courts Date Certified Was the defendant sentenced under Section 3804(a)(1),Title 75 of the Vehicle Code? FOR DEPARTMENT USE ONLY ❑ YES NO Send This Farm To: Bureau of Driver Licensing,Clerk of Courts, P.O. Box 60037, Harrisburg,PA 1710153-0037 CPCMS 2012 CPCMS Printed:07/23/2013 12:29:42PM � r � REPORT OF THE CLERK OF COURTS FILE COPY SHOWING THE CONVICTION OR ACQUITTAL OF E] AMENDED REPORT ANY VIOLATION OF THE VEHICLE CODE ;+ DEFENDANT REQUESTS ADDRESS • CHANGE Under Section 6323 of the Vehicle Code,it is mandatory that the Clerk of Courts report all violations of the Vehicle Code. A DEFENDANT INFORMATION(TYPEOR PRINTCLEARLY) NAME SEX DATE OF BIRTH FIRST DAVID MIDDLE BRIAN LAST gUR}CEY SR. M ]MONTH =DAY YEAR 10 1961 ADDRESS:(A P.O.Box Number maybe used in addition to the actual address,but cannot be used as the only address.) 8 W PINE STREET CITY STATE ZIP CODE SOCIAL SECURITY NUMBER ENOLA PA 17025 1 1 L I - CDL HOLDER DRIVER NUMBER STATE LICENSE PLATE NUMBER YEAR STATE ❑ YES ❑x NO 19688548 PA YXT4942 2012 PA OFFENSE OCCURRED WHILE DRIVINGITRANSPORTING ❑ Hazardous Material ❑ Commercial Vehicle ❑ School Vehicle ❑ 16+Passenger Vehicle Other B VIOLATION INFORMATION-(The Vehicle Code-Act of June 17, 1976,P.L. 162 as amended) SECTION SUBSECTIONICLAUSE BLOOD ALCOHOL CONTENT Offense occurred in an active work zone? Officer submitted accident report? 3802 C` YES ❑ NO ® YES ❑ NO DATE OF VIOLATION DATE OF CONVICTION (✓) Box: []DATE OF ACQUITTAL NOLLE PROSEQUI MONTH DAY YEAR MONTH DAY YEAR MONTH DAY YEAR 7 20 2012 s 26 2013 CHARGE VIOLATION COMMITTED DATE LICENSE OR ACKNOWLEDGEMENT WAS SURRENDERED TO COURT OR DISTRICT ATTORNEY If speed violation,enter traveling speed and (Check One) MONTH DAY YEAR legal speed: E]Summary ❑ DUI: Highest Rte of Alc(BAC F-Ungraded ®M-Ungraded 7 23 2013 .16+)1st Off ❑F1 ❑M1 ❑ F2 ❑M2 n F3 ❑M3 IC COURT INFORMATION E I TREATMENT ORDERED(CHECK ONE) COURT OF COMMON PLEAS COUNTY OF 21 YES Ej NO NUMBER YEAR 2043 CP-21-CR-0000250-2013 F FSENTENCING INFORMATION OTN L 7213743 (check one) D SIGNATURE AND DATE CERTIFIED Defendant Sentenced to Prison THE UNDERSIGNED CERTIFIES THAT THE FOREGOING IS A CERTIFIED ❑ RECORD OF A CONVICTION OR ACQUITTAUNOLLE PROSEQUI ® YES NO TIME SERVED SEAL (check one) Must(✓)for sections 3802(A)(1) r�e ptr- 06/27/2013 and 3802(A)(2) Certified Was the defendant sentenced under Section Clerk of Courts Date __ 3804(a)(1),Title 75 of the Vehicle Code? FOR DEPARTMENT USE ONLY ❑ YES ® NO Send This Form To: Bureau of Driver Licensing,Clerk of Courts, P.O. Box 60037,Harrisburg, PA 17106-0037 CPCMS 2012 CPCMS Printed:07/23/2013 12:29:42PM COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CP-21-CR-250-2013 CHARGES: 3 DUI - HGST RATE (1S) 5 ACCIDENT INVOLVING DAMAGE TO UNATTENDED VEHICLE OR PROPERTY (S) 7 OPERATION OF VEHICLE W/OUT OFFICIAL CERTIF OF INSPECTION (S) DAVID BRIAN BURKEY, SR. OTN: L7213743 AFFIANT: PTL BENJAMIN EPTING IN RE: SENTENCE ORDER OF COURT AND NOW, this 23rd day of July, 2013, the Defendant having appeared together with defense counsel, Sean M. Owen, Esquire, and having previously tendered pleas of guilty, the sentence of the Court at Count 3, DUI, highest rate, and pursuant to a recommendation from the Commonwealth, is that the Defendant pay the costs of prosecution, a $1, 000 fine and any other associated fees, and that he undergo imprisonment in the Cumberland County Prison for not less than 72 hours nor more than 6 months. The Defendant is to be paroled at the expiration of his minimum sentence so long as he remains on good behavior. The Defendant is to comply with the written Cumberland County Court conditions for DUI offenders. The sentence of the Court at Count 5 is that the Defendant pay the costs of prosecution, a $300 fine and any other associated fees . �- C , The sentence of the Court at Count 7 is th�to tq �..... C " Defendant pay the costs of prosecution and a $25 fine . C-)G c� The Defendant is to self-report to the Cu b?(�'rla.nd County Prison on Monday, July 29, 2013, at 9: 00 a.m. f\ COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-0250-2013 CHARGES : (3)DRIVING UNDER THE INFLUENCE-HIGHEST RATE (1st) V. (5)ACCIDENT INVOLVING DAMAGE TO UNATTENDED VEHICLE OR PROPERTY (SUMMARY) (7)OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF INSPECTION (SUMMARY) DAVID BRIAN BURKEY , SR. OTN: L7213743 AFFIANT: PTL. BENJAMIN I . EPTING IN RE: GUILTY PLEA & DIRECTED TO APPEAR ORDER OF COURT AND NOW, this 26th day of June, 2013 , the defendant having appeared together with defense counsel, Sean M. Owen, Esquire, and having tendered pleas of guilty at Count 3 , Driving Under the Influence-Highest Rate of Alcohol, first offense for sentencing purposes, an ungraded misdemeanor, at Count 5, Accident Involving Damage to Unattended Vehicle or Property, a summary offense, and at Count 7, Operation of Vehicle Without Official Certificate of Inspection, a summary offense, in full satisfaction of the charges at this term and number, his pleas of guilty are accepted and recorded. The defendant is directed to appear for sentencing on Tuesday, July 23, 2013 , at 9 :30 a.m. A Presentence Investigation T Report is ,ordered. N By the Court, vm Christylee L. Peck, J. c� l� COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg , PA 17123 JULY 31 , 2013 DAVID BRIAN BURKEY SR WID # 132059284377190 001 8 W PINE ST PROCESSING DATE 07/24/2013 DRIVER LICENSE # 19688548 ENOLA PA 17025 DATE OF BIRTH 10/06/1961 LICENSE IN BUREAU Dear Motorist : This is an Official Notice of Disqualification of your com- mercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of your pre- adjudication , conviction , administrative adjudication , or refusal in Pennsylvania . Your driving record reflects one of the above adjudications on 06/26/2013 of 3745, of the Pennsylvania Statutes , LEAVING SCENE OF ACCIDENT on 07/20/2012. Your commercial driving privilege is disqualified for a pe- riod of 1 YEAR(S) effective 07/23/2013 at 12: 01 A. M. Please see the enclosed application for restoration fee in- formation . While your commercial driving privilege is disqualified , the Vehicle Code permits a driver to obtain a noncommercial Class C or M license , if the driver possesses the motorcycle qualification , to drive noncommercial motor- vehicles . If you wish to obtain this license , please complete the enclosed application as instructed and return it to the Department . Please be aware that if you elect to obtain this noncommer- cial Class C or M license , you are still prohibited from operating a. commer.c.ial .motor .vehicle . If you do so , . you are subject to additional penalties , including possible lifetime disqualification of your commercial driving privilege . 132059284377190 You have the right to appeal the Department 's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JULY 31 , 2013) of this notice . You must still send in your license before the effective date of disquali- fication unless you show the Court that you have a reason- able likelihood of succeeding in the appeal and receive an order permitting you to continue to drive . PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction . AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO : PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, 9�tk Z �,"V 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 TDD OUT-OF-STATE 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg , PA 17123 JULY 31 , 2013 DAVID BRIAN BURKEY SR WID # 132059284377190 001 8 W PINE ST PROCESSING DATE 07/24/2013 DRIVER LICENSE # 19688548 ENOLA PA 17025 DATE OF BIRTH 10/06/1961 Dear DAVID BRIAN BURKEY SR : Your conviction on 06/26/2013 for violating Section 3745 of the Vehicle Code , LEAVING SCENE OF ACCIDENT, on 07/20/2012 mandates a 4 point assessment to your driving record . • The purpose of the point system is to insure safe driv- ing . PennDOT begins to take corrective action when a driving record reaches 6 or more points . • Drivers may lose their driving privilege if they drive unsafely. We sincerely hope that you will drive carefully and ob- serve all traffic laws , not only for your own safety but also for the safety of everyone else sharing the road with YOU . Sincerely, 9�-u�- - - Z g vi�/) Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION (8 : 00 AM to 5 : 00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TOO OUT-OF-STATE 717-412-5380 REMEMBER--DRIVE SAFE , DRIVE SMART. . .AND ALWAYS WEAR YOUR SEAT BELT! COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg , PA 17123 JULY 31 , 2013 DAVID BRIAN BURKEY SR WID # 132059284377190 001 8 W PINE ST PROCESSING DATE 07/24/2013 DRIVER LICENSE # 19688548 ENOLA PA 17025 DATE OF BIRTH 10/06/1961 LICENSE IN BUREAU Dear Motorist : This is an Official Notice of Disqualification of your commercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of your pre-adjudication , conviction , administrative adjudication , or refusal in Pennsylvania . Your driving record reflects one of the above adjudications on 06/26/2013 of 3745 , of the Pennsylvania Statutes , LEAVING SCENE OF ACCIDENT on 07/20/2012 . Your commercial driving privilege is disqualified for a period of 1 YEAR(S) effective 07/23/2013 at 12 : 01 A. M . Please see the enclosed application for restoration fee information . While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license , if the driver possesses the motorcycle qualification , to drive noncommercial motor vehicles . If you wish to obtain this license , please complete the enclosed application as instructed and return it to the Department . Please be aware that if you elect to obtain this noncommercial Class C or M license , you are still prohibited from operating a commercial motor vehicle . If you do so , you are subject to additional penalties , including possible lifetime disqualification of your commercial driving privilege . 9-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9Z I-Ltj S:ir, No./3— Po tom! (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL te AND NOW, this day of 20_L5, a hearing is scheduled I 14t on the appeal of Petitioner for the %,I day of 20a at km in Courtroom #1, of the Cumberland County Courthouse, One Courthouse Square,4th Floor, Carlisle, PA 17013,at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. it shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center,3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, Judge Thomas A. Placey c-) common Pleas Judge rn--, Co C"11 • -<> >c= C> DAVID B. BURKEY, SR., Appellant l�I V. IN THE COURT OF COMMON PLEAS COMMONWEALTH OF OF THE NINTH JUDICIAL DISTRICT PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee 2013-05100 CIVIL TERM IN RE: APPEAL OF DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this 25th day of November 2013, upon review of the Petition for Appeal, following a hearing and a search for a legal distinction between a conviction for "Accident Involving Damage to Unattended Vehicle or Property" versus "Leaving the Scene of Accident", the Appeal is DISMISSED. The formal title of 75 Pa.C.S. §3745, as designated by the Legislature, is Accident Involving Damage to Unattended Vehicle or Property but is commonly referred to, as PennDOT has denominated it, Leaving the Scene of an Accident. It is a summary offense for a person to leave the scene of an accident without reporting it where there is damage to unattended property. It is clearly understood that a conviction for a violation of Section 3745 for a commercial driver has serious collateral consequences, which is evident in this Appeal. This Appeal is not the forum to redress the collateral consequences sustained by Appellee. Therefore, this court cannot provide the remedy that is being sought at this time. BY THE COURT, Thoma A. Placey C.P.J. Distribution: David B Burkey, Sr. Kelly E. Solomon, Esq. Clop r�cx' .`t''. C-5 t--' cn < 2