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HomeMy WebLinkAbout13-5969 Supreme Court of Pennsylvania Court of Conuuon Pleas For Prothmtotaty Use Only: Civil Cover Sheet Docker No: (� Ctj sv �E(LL ;gN County 31J`p/ .[( L / (/re irttorvnatiou coRcca=d on this twin is used sole is fr coca nrlminisbanoe 1111171111" %Iris tor,does not supplement of "'Jah"r die/il...g mul so 1w e njplenrlings nr otherpupers us required Gr none or rules ofcourt. Commencement of Action: S ❑ Complaint ❑ Writ of Sumerians ❑ Petition © Transfer from Another Jurisdiction Declaration of faking L C. Lead Plaintiff,Name: Izad Defendants Name. T 1 L "517514vn A U- A N I Are money damages requested? El Yes XNo Dollar Amount Rcyucstcd ❑within arbitration limits (check one) ❑outside arbitration hours O N Is this a Class Action Suit? ❑Yes X No Is this an MDJAppeal? ❑ Yes XNo A Name ofPlaiint tiyff/Appellant's Attorney: _5 5�tl.A � mU*.�}1gN -P10 56 .A y Check but c if you har'e no alturney (are a Scll'-Represented I Pro Scl Litigam) 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(M 1711 i17dude./ndpne17ls) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other -❑PoardofElections ❑ Nuisance '1^Dept. of Transportation ❑ Prcnuses Liability _ _ ❑ Statutory Appeal:Other S ❑ Product Liability (does not include mlus tort) ❑ Employment Dispute: E Discrimination ❑ Other dLibel/Defamation �.+ ❑ 011rer ❑ Employment Dispute: Other El Zoning Board ,l, ❑ Other: 1 ❑ Other. o MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: © Ejectment E] Common Law/statutory Arbitration B ❑ Eminent Domalll/Condelmatlon ❑ Declaratory Judgment ❑ Ground Rent ❑ 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 © Other ❑ Other Professional'. Updated l/1/1011 IN THE COURT OF COMMON PLEAS OF CUMBERLAN;$�OUNsT],fE NSYLVq�NIA 7 O; 1-MUR R V.y1`J� J�rJ No. l/.' (Type your name) c= Vs. Driver's License/Auto Registration Appe4(m o = - zrn Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensingc : s �_ zo APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION -- -- v AND NOW, this(enter today's date) OL , 20 13 ,comes the Appellant, (Type your name) �cn vJj l� I,10N, MAC by his/her attorney, 'S65rttA A Yr1vn,.5)AAN and states as follows: 1. Appellant's PA oper tar's numbery or automobile registration number is: 2. PermDOT proposes, by Notice dated (insert"mailing' date here) x , 20_L_ to suspend Appellant's Xcriving privileges El automobile registration for a period of(Insert length of suspension) Cw,rtiCe*r� pAlS 1, j 0 91p aiy C pursuant to Section (� of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) 1 P 17 20 13 *"'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; 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:) T)1C to�C.RGG2wZly `J✓7�c:-�J lw+ h�✓�K::y+ W+9s71.. ��35.6 Q21.rtAlFlt+p TAI- yhAf«`7�, vY CwjJLC�1wJ ouC t�tIF QRwGVI- OLvi �ash w aglolm -OR- The suspension of Appellant's automobile registration is contrary to law in that 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:) 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) (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: Type Name: 5L' Uq R r�ONA5%AIW Address: 1-Wdti Kd City/State/Zip Code: 01? 6Unj t 6�1,5 191 16 Telephone Number: -70 319 `5 (`l Email address: @ 2 \\lo fu o u � E �! ! Er c [ ; ; = COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : SEPTEMBER 13 , 2013 JOSHUA A MONIGHAN WID s 132499285080119 001 6363 BASESHORE RD PROCESSING DATE 09/06/2013 DRIVER LICENSE a 25530580 MECHANICSBURG PA 17050 DATE OF BIRTH 02/19/1981 LICENSE IN BUREAU Dear MR . MONIGHAN : This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 1533D of the Pennsylvania Vehicle Code . Your driving privilege was suspended effec- tive 09/13/2013 at 12: 01 a .m. for failing to make regular Payments on fines , costs , and restitution for court number 000202 issued on 01/21/2011 . The suspension was a result of your violation (s) of the Pennsylvania Vehicle Code . PLEASE READ THIS LETTER IN ITS ENTIRETY. THIS IS A FINAL ORDER OF SUSPENSION. YOU DID NOT RECEIVE A GRACE PERIOD FOR THIS SUSPENSION SINCE YOUR DRIVING PRIVILEGE IS CURRENTLY UNDER SUSPENSION. IF YOU HAVE ALREADY RESUMED YOUR PAYMENT SCHEDULE AND IT WAS ACCEPTED BY THE COURT BEFORE THE SUS- PENSION DATE, PENNDOT WILL RECEIVE NOTICE OF YOUR RESPONSE FROM THE COURT. YOU WILL THEN RECEIVE NOTICE FROM PENNDOT EXCUSING YOU FROM THIS SUSPENSION. This suspension is in addition to any other suspensions al- ready on Your record . RESUMING YOUR PAYMENT SCHEDULE In order to resume your payment schedule, you must follow the steps below: 1 . Contact the Court : YORK CLERK OF COURTS 45 NORTH GEORGE STREET YORK PA 17401 ( 717) 771-9612 2 . Make arrangements with the Court to resume your payment schedule or pay the entire balance . a . Do not mail or bring your payment to PennDOT. b . It is your responsibility to contact the Court and resume payment BEFORE 09/13/2013 . 132499285080119 3 . Contact the Court if this letter does not list an amount owed for this violation . 4 . If you have already resumed Your payment schedule and it was accepted by the Court BEFORE 09/13/2013 , you will receive notice from PennDOT excusing you from this sus- pension . APPEAL Von have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , SEPTEMBER 13 , 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 certi- fied 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. Sincerely , 9�- Zg0';t) Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 6 : 00 a .m. to 5 : 00 p .m . IN STATE 1-800-932-4600 TOO 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 3-5Gt(I Commonwealth of Pennsylvania Janet L. Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Common pleas civil appeal 10-11-2013 Proof of service 10-11-2013 On 10-11-13 I,the undersigned,Served a copy of one (1) documents dated 10-11-2013 1) common Pleas civil Appeal 10-11-2013 by first class mail USPS to each of the following offices: 1 Thomas W Corbett Governor's Office 225 Main Capitol Building =W Harrisburg,Pennsylvania 17120 1 Attorney General Kathleen Kane 7,, Pennsylvania Office of Attorney General c 16th Floor,Strawberry Square r Harrisburg,PA 17120 c- 1 Pennsylvania Department of Transportation Office of Chief Counsel -` Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1 Janet L.Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1 Cumberland County Prothonotary Prothonotary Office one Court House Square,First Floor Carlisle PA 17013 1 of 2 Commonwealth of Pennsylvania Janet L. Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Common pleas civil appeal 10-11-2013 Proof of service 10-11-2013 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 / `__f' an.. Subsc ibed This_I ti L, day of j 11 20 i the Co monwealth n f Pennsylvania County of To - , i Cumberland ' Notarial COMMONWEALTH OF PENNSYLVANIA / 1 Not Seal Andrea L.W tarsal,Notary Public Hampden Twp.,Cumberland County My Commission Expires May il,2014 alliP Member Commission c nix fires i�}y 1 of Notaries 2 of 2 I g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN _ I g — UPI (CU , 65 k 4 iNv+n0' 5\-V&J No. (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 AND NOW, this /S day of , 2013 , a hearing is scheduled on the appeal of Petitioner for the pp /7 day of Qe 20/V at 9:M_M in Courtroom # ,/ 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, - 414- CeT Ccs fiLct.licL Judge c_- r„,,,,_ r- .-a , 101164(3 r.......„.. _ ,._ M , 1 Tj Commonwealth of Pennsylvania PRO i} r�, ""0 Ai' Janet L Dolan 3 h'0 v 14 PH 3: 0 Pennsylvania Department of Transportation CUMBERL4iiD Appeal 13-5969 PENNSYLV COUNTY Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing fl Proof of Service 11;12013 On 11 X1-13 1,the undersigned,Served a copy of one (1)documents dated 11-11-2013 Announcement: 11-11-2013 by first class mail USPS to each of the following offices: 1 Office of Chief Counsel Vehicle and Traffic Law Division River Front Office Center,3rd Floor 1101 South Front Street Harrisburg,PA 17104-2516 1 Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg,Pennsylvania 17120 1 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor,Strawberry Square Harrisburg,PA 17120 1 of 2 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing 13 Proof of Service 11- --2013 1 Dennis E.Lebo Clerk of Courts 1 court House Square Carlisle PA 17013 1 David D Buell Prothonotary 1 court House Square Carlisle PA 17013 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 orn and Subscribed This I C.�'" flay of 2013 in the Commonwealt Pennsylvania County of Cumberland CAMMONW - BF PENNSYLVA(dIA NotaAal Seal Andrea L Wkgard,Notary Public glampden llnrp.,Cumberland County 2 of 2 ^ m Coisslon Expires May 11,2014 Metllber,PenmNivaMa AsGWajon or NoWles Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Office of Chief Counsel Vehicle and Traffic Law Division River Front Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Announcement 11-11-2013 attached hereto: 1 page Sincerely, Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 n IN T HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CCU (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 AND NOW, this day 20/3 , a hearing is scheduled on the appeal of Petitioner for the 17 day of 201Y at _9: ,9—M in Courtroom #Y of the Cumberland County Courthouse, One Courthouse Square, 4 t 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, 3`d 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, 6 - /J AL- judge F-rj W c CD c� c--' r.J _ Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Joshua Monighan No. 13-5969 Civil vs Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Proof of Service 1141-2013 On 114f--13 1,the undersigned,Served a copy of one (1) documents dated 11-11-2013 Announcement: 11-11-2013 by first class mail USPS to each of the following offices: = . _ 1 Office of Chief Counsel Vehicle and Traffic Law Division r--- River Front Office Center,3rd Floor 1101 South Front Street CD Harrisburg,PA 17104-2516 c '' 1 Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg,Pennsylvania 17120 1 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg,PA 17120 1 of 2 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Proof of Service 11- �-2013 1 Dennis E.Lebo Clerk of Courts 1 court House Square Carlisle PA 17013 1 David D Buell Prothonotary 1 court House Square Carlisle PA 17013 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 /rn and Subscribed This day of 2013 in the Commonwealth of Pennsylvania County of Cumberland cp mow f PENNSYLVANIA lic :=cja-.,,On nty 2014 1 Me�nber.Pennsylvania gs;o Nota��e5 of 2 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Office of Chief Counsel Vehicle and Traffic Law Division River Front Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 1 71 04-251 6 Announcement 11-11-2013 attached hereto: 1 page Sincerely, Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (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 AND NOW, this day of ��Ff� 20/3 , a hearing is scheduled on the appeal of Petitioner for the day of � • 20/` at _: -J�M in Courtroom #y of the Cumberland County Courthouse, O.ne 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,3`d 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, ! AL judge :CD -- - �- i_D:_ Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal c Commonwealth of Pennsylvania Department of Transportation ,,,...-: r..._ -,- In Bureau of Drivers Licensing Law and Traffic Division ,..,n' , Office of Chief Counsel - ,. Third Floor,River Front Office Center .c=° ----o- 1101 South Front Street ={ w Harrisburg PA 17104-2516 PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery 6501 a A Judge has not ruled in the matter a) I here by request any convictions by a court of competent jurisdiction on or before the conviction dates of 5-10-2009 6-10-2009 present on Joshua A Monighan's Reputation. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, / or JosA Monig an TAX •A ER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 , PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery. 6501 a.1 A Judge has not ruled in the matter a.1) 1 here by request any record of unvacated forfeiture of bail or collateral deposited to secure Joshua A Monighan's appearance in court. On January 6th 2013 1 spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Joshu A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department o f Transportation Bureau of Drivers Licensing R . Law and Traffic Division r�.. Office of Chief Counsel Third Floor,River Front Office Center '_ 1101 South Front Street =: Harrisburg PA 17104-2516 PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery 6501 b A Judge has not ruled in the matter b) I hereby request any record of a guilty plea or payment of fine as a plea of guilty on or before the Mark of conviction 5-10-2009 6-10-2019 on the reputation of Joshua A Monighans. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Josh a A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division _._ Office of Chief Counsel =-:-r " Third Floor,River Front Office Center Z7i ::LL i 1101 South Front Street -- :. Harrisburg PA 17104-2516 -.J, `' PLAINTIFF: JOSHUA A MONIGHAN _ Motion for Discovery 6501 c A Judge has not ruled in the matter c) I here by request any Certified Record of Conviction the The Department of Transportation may possess for the date of 5-10-2009 or 6-10-2009 On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, tifil ......_________, Josh Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 i Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel !Third Floor,River Front Office Center G' Lc< 1101 South Front Street Harrisburg PA 17104-2516 71* PLAINTIFF: JOSHUA A MONIGHAN r- Motion for Discovery JLD 10-30 a A Judge has not ruled in the matter I hereby request any Commonwealth of Pennsylvania record Opposing the Fair Debt Collection Practices Act mandating a consumer is obligated to pay a un-validated debt to a collector even when the alleged debt in full has been forwarded to the Creditor directly. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, C_> Josh a A Monighan TAX PAYER 63 3 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation ; (... Bureau of Drivers Licensing cr !_ Law and Traffic Division `'' = Office of Chief Counsel ,.-L:. -ro Third Floor,River Front Office Center - 1101 South Front Street Harrisburg PA 17104-2516 PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery JLD 10-30 b A Judge has not ruled in the matter 1 here by request Any record that will show the Volusia County action of returning the payment invalidates the effect of forwarding of the payment. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not I concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, /j. Jos A Monighan TAX PAYER 63 3 Basehore Rd Mechanicsburg PA 17050 1 of 1 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal. , Commonwealth of Pennsylvania Department of Transportation -` , Bureau of Drivers Licensing zif i Law and Traffic Division <= Office of Chief Counsel r . Third Floor,River Front Office Center -- F.a 1101 South Front Street Harrisburg PA 17104-2516 PLAINTIFF: JOSHUAA MONIGHAN Motion for Discovery JLD 10-30 c A Judge has not ruled in the matter I hereby request any Commonwealth of Pennsylvania record or statute that requires double and inflated payment be made to meet the requirements for relief of an Administrative Invocation of any Suspension. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone.Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, A(. 1";(________ Josh a A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License peaE rTZ Commonwealth of Pennsylvania Department of Transportation =T Bureau of Drivers Licensing Law and Traffic Division `. - - Office of Chief Counsel .a Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 PLAINTIFF: JOSHUAA MONIGHAN Motion for Discovery JLD 10-30 d A Judge has not ruled in the matter Any record that would show the act of reinstatement of suspension and terminate of a lawfully serviced of suspension has been equally applied to any other citizen of the Commonwealth as documented in the Oct 30 th 2013 letter by Janet L Dolan to Joshua A Monighan. If the number of occurrence is grater than 3 all that would be necessary would be the date of each occurrence. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Josh A Monighan TAX PAYER 63 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Ape Commonwealth of Pennsylvania Department of Transportation -__ ,- Bureau of Drivers Licensing .-- Law and Traffic Division Office of Chief Counsel 1:7) Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 PLAINTIFF: JOSHUA A MONIGHAN MOTION FOR DISCOVERY 1516 A Judge has not ruled in the matter I here by request All Department Records pursuant to 75 PA CSA 1516 B, for the Date of 5-10-2009 6-10-2009 Or Any non conviction notations maintained within the Departments records for the stated dates for Joshua A Monighan On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, 7:ki(*---- Josh A onighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation ; a Bureau of Drivers Licensing f Law and Traffic Division Office of Chief Counsel- Third Floor,River Front Office Center -' 1101 South Front Street F - Harrisburg PA 17104-2516 "~ r.) PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery 1531 A Judge has not ruled in the matter I hereby request the record the department shall Maintain to Joshua A Monighan of convictions of offenses set forth in Title 75 and such other convictions and offenses as are punishable by suspension or revocation under title 75. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, e� Josh A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing =_' Law and Traffic Division i {_ Office of Chief Counsel y" { Third Floor,River Front Office Center 1101 South Front Street ~` - Harrisburg PA 17104-2516 =� co PLAINTIFF: JOSHUAA MONIGHAN Motion for Discover 1533 b A Judge has not ruled in the matter I here by request any record by the Department of Transportation made to Joshua A Monighan that would invalidate the Satisfactory primary payment made to the Volusia County Court, Other than the Retaliatory Executive Decree by Janet L Dolan Dec 30th 2013 On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone.Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Josh A Monighan TAX PAYER 636 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division �7e Office of Chief Counsel Third Floor,River Front Office Center = ' 1101 South Front Street -" Harrisburg PA 17104-2516 PLAINTIFF: JOSHUA A MONIGHAN Motion For Discovery 1533 c A Judge has not ruled in the matter I hereby request all records of notice in accordance with 75 pa c.s.a 1533 (c) given to Monighan for the indefinite suspension enacted / invoked / imposed under 1533b On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Joshu A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 I of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers LicenseAppeaL Commonwealth of Pennsylvania Department of Transportation -'4 Bureau of Drivers Licensing r_;' c Law and Traffic Division c ) Office of Chief Counsel _ - Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery 1581 III A Judge has not ruled in the matter I hereby request the Report of Conviction in pursuant to 75 pa c.s.a. 1581111 On January 6th 2013 1 spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, 7M7t/I - Jo a Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1of1 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing `= Law and Traffic Division Office of Chief Counsel Third Floor,River Front Office Center '- 1101 South Front Street Harrisburg PA 17104-2516 r , PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery 1581 IV A Judge has not ruled in the matter I hereby request the Commonwealth of Pennsylvania statute that would provide the same effect of an indefinite suspension; with out a physical conviction. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone.Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, ' ni hTAX ER Jos a A o g 63 3 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division -F, x; s.. Office of Chief Counsel -. 7.1 Third Floor,River Front Office Center 1101 South Front Street t _ Harrisburg PA 17104-2516 y- PLAINTIFF: JOSHUA A MONIGHAN Motion For Discovery 42 5553 a A Judge has not ruled in the matter I hereby request any record, statutes or exemption that would relive the Pennsylvania Department of Transportation form compliance with 42 pa cas 5553 (a) Commonwealth of Pennsylvania Statute. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, .C� Jo a A Monigh n TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 ofl 7 1 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel I-; Third Floor,River Front Office Center v)r 1101 South Front Street -c Harrisburg PA 17104-2516 r., PLAINTIFF: JOSHUA A MONIGHAN Motion for Discovery 42 5553 a.1 A Judge has not ruled in the matter I here by request all records of any proceeding with in 30 days of the alleged offense or any time before 5-10-2009 /6-10-2009 conviction dates. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Jos a A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania County of Cumberland Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd No. 13-5969 Civil Mechanicsburg PA 17050 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel - - Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 PLAINTIFF: JOSHUAA MONIGHAN - --' Motion for Discovery 1-21-2011 A Judge has not ruled in the matter Any Pennsylvania Department of Transportation Record that can support a (DLC CONV) conviction as described in the last page 2 of the Certified Driver History Jan 21st 2011 by Janet L Dolan. On January 6th 2013 I spoke with Philip Bricknell Attorney for the defendants via the telephone. Advise the defense is in receipt of the motion for discovery and did not concur with the motion and the agency is not governed by the rules of civil procedure discovery. Sincerely, Jos a A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1 of 1 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 1 of 3 Appeal 13-5969 Civil Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation _tn Bureau of Drivers Licensing '` : +� T PLAINTIFF: JOSHUAA MONIGHAN Motion for Sanctity In order to minimize the impact on the duties of the Attorneys General Office. I make motion to allow the Attorney General Kathleen Kane or a representative of her office provide a statement in the case to the following points of law / commonwealth statutes in leiu of appearance in court. 75 PA CSA 1516 1.516 _ Department records . (D) Acclaents an ca cor is V .Vi1�7 . § 1516 . Department records . (c ) Dismissal of charges for violations . 75 PA CSA 1531 § 1531 . Administration of system by department. 2 of 3 75 PA CSA 1533 (b) Violations outside Commonwealth. 75 PA 1533 (c ) (c) Time for responding to notice. 75 PA CSA 1581 3 1581 Article III Reports of Conviction 75 PA CSA 1581 4 1581 Article IV Effect of Conviction 75 PA CSA 6501 § 6501 . Definition of conviction. (a) General rule. (b) Payment of fine as guilty plea. (c) Certified record of convictions . 42 PA CS 5553 (a) § 5553 . Summary offenses involving vehicles . (a) General rule . 42 PA CS 6103 (b) § 6103 . Proof of official records . (a) General rule . (b) Lack of record. 2 of 3 Pennsylvania Constitution Article 1 Section 1 § 1. Inherent rights of mankind. Article 1 Section 8 § 8. Security from searches and seizures. Article 1 Section 9 § 9. Rights of accused in criminal prosecutions. Article 1 Section 10 S 10. Initiation of criminal proceedings; twice in jeopardy; eminent domain. Article 1 Section 11 § 11. Courts to be open; suits against the Commonwealth. Sincerely, /A47 :› Jos a A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 3 of 3 • Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 1 of 4 Appeal 13-5969 Civil Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 1-2-2014 On 1-2-14 I,the undersigned,Served a copy of one to nineteen (1-19)documents 1) Motion for Discovery 6501 a 1 page 2) Motion for Discovery 6501 a.1 1 page 3) Motion for Discovery 6501 b 1 page 4) Motion for Discovery 6501 1 page ) f Diry c 5) Motion for Discovery JLD 10-30 a 1 page —01 6) Motion for Discovery JLD 10-30 b 1 page r . 7) Motion for Discovery JLD 10-30 c 1 page 8) Motion for Discovery JLD 10-30 d 1 page c _ 9) Motion for Discovery 1516 1 page 10) Motion for Discovery 1531 1 page 11) Motion for Discovery 1533 b 1 page 12) Motion for Discovery 1533 c 1 page 13) Motion for Discovery 1581 III 1 page 14) Motion for Discovery 1581 IV 1 page 15) Motion for Discovery 42 5553 a 1 page 16) Motion for Discovery 42 5553 a.1 1 page 17) Motion for Discovery 1-21-2011 1 page 18) Notice of subpoena duces tecum 10 pages 19) Motion for Sanctity 3 pages by first class mail USPS to each of the following offices: 1-19 Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg,Pennsylvania 17120 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 2 of 4 Appeal 13-5969 Civil Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 12-30-2013 1-19 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor,Strawberry Square Harrisburg,PA 17120 1-19 Pennsylvania Department of Transportation Law and Traffic Division Office of Chief Counsel Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1-19 Janet L.Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1-19 Brenda Collins Judicial and Information manager Bureau of Drivers Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 ti Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 3 of 4 Appeal 13-5969 Civil Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 1-2-2014 1-19 Pennsylvania Department of Transportation Robert J. Shea Deputy Chief Counsel Office of Chief Counsel Third Floor,River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1-19 Cumberland County Court House Office of Prothonotary David D Buell One Court House Square Carlisle Pennsylvania 17013 C Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 4 of 4 Appeal 13-5969 Civil Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 1-2-2014 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsbur PA 17050 S or and Subscribed This___ y of it _AA A 2014 in the Commonwealth of Pennsylv. ••. `• • •ty of Cu berland ' B I y COMMONWEALTH OF PENNSYLVANIA Notarial Seal Andrea L Wingard,Notary Public Hampden 7Wp,*gland Corny My Cnr tmks'Sion ire May 31,AeM 1 9";"'_ as,ocia.ron of Nt?tslt ot TramportatiGo Appea! 13-969 Civil PRO 11-10? 231411AR -3 PI; 2:55 CUMBERLAND COUNTY PENNS YLVA NIA Joshua Monighan No. 13-5969 Civil VS. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 2-17-2014 On 2-17-14 I, the undersigned, Served a copy of one to seven (1-7) documents 1) Order for appeal 2) Order for transcript 3) Order for Written Opinion in support of reman order 4) Plaintiffs Statement of Matters Complained of 5) Expression of Graduated. 6) $73.50 Superior Court Check no. 7) $57.00 cumberland county check no. by first class mail USPS to each of the following offices: 1-7 Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg, Pennsylvania 17120 1-7 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 ppGai 13-5969 Civil Joshua Monighan No. 13-5969 Civil VS. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 2-17-2014 1- 7 Pennsylvania Department of Transportation Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1- 7 Janet L. Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1- 7 Brenda Collins Judicial and Information manager Bureau of Drivers Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1- 7 Pennsylvania Department of Transportation Robert J. Shea Deputy Chief Counsel Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 Drivers License Appeal ‘ri CGMIT;O+TAL',F. ":'; n.iNjVC.,nia Pet 41,Sly Appeal 13-5969 Civil Joshua Monighan No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 2-17-2014 1-7 Cumberland County Court House Office of Prothonotary David D Buell One Court House Square Carlisle Pennsylvania 17013 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsb g PA 17050 and Subscribed This '240 y of 2014 in the Commonwealth of Pennsylvania County of Cumberland CO -VG YLVAIVIA Notalal Seal Andrea L. Wingerc.k. Gkictary Public 1-Mrryden Two., Cumberland County My Cornmssion FY; .ces May 1.1.,.2014 Nazit,:s JOSHUA A. MONIGHAN, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13 -5969 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION ORDER AND NOW, this 17th day of January, 2014, the appeal filed in the above - captioned matter is: CO Attest: 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 , 20 , at .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: ./.-Joshua A. Monighan, 6363 Baseshore Road, Mechanicsburg, PA 17050 J. Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104 -2516 (Es i2 .-t 3p7M l Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13 -5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 vs. i%.,_ i Ut'r tH.. THE P iOl TH011 A 2014 M A R 1 7 PM 2: ! 8 CUMBERLAND COUNTY PENNSYLVANIA No. 13 -5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104 -2516 ORDER for Appeal r wtia4.)t -J€i` I here by Appeal this case to the Next Higher Court for Review. Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 (1444- Imo/ 5103 • L 6.3ary 3 / /v /y * E1LEoLL PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2013 -05969 MONIGHAN JOSHUA (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Case Type CIVIL APPEALS - AGENCI Judgment ,00 Judge Assigned: HESS KEVIN A Disposed Desc.: Case Comments Filed Time. .. Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 10/11/2013 2:12 0 /00 /0000 0/00/0000 ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** General Index MONIGHAN JOSHUA A 6363 BASEHORE RD MECHANICSBURG PA 17050 PLAINTIFF PENNSYLVANIA COMMONWWEALTH OF DEFENDANT DEPARTMENT OF TRANSPORTATION THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 Attorney Info PRO SE ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Date Entries ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FIRST 10/11/2013 APPEAL FROM SUSPENSION OF DRIVERSELICENSE - BY APPELLANT PRO SE 10/15/2013 PROOF OF SERVICE - APPEAL UPON PARTIES - BY PLFF 10/16/2013 ORDER SCHEDULING HEARING ON APPEAL - 10/15/13 - HEARING 1/17/14 9:30 AM IN CR 4 CUMB CO COURTHOUSE - BY THE COURT KEVIN A HESS PJ COPIES MAILED 10/16/13 11/14/2013 PROOF OF SERVICE 11/13/13 - ANNOUNCEMENT - BY JANET L DOLAN /PENDOT 11/14/2013 PROOF OF SERVICE 11/13/13 - ANNOUNCEMENT - BY JANET L DOLAN /PENDOT 1/09/2014 MOTION FOR DISCOVERY 6501 A - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 6501 A.1 - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 6501 B - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 6501 C - BY PLFF 1/09/2014 MOTION FOR DISCOVERY JLD 10 -30A - BY PLFF 1/09/2014 MOTION FOR DISCOVERY JLD 10 -303 - BY PLFF 1/09/2014 MOTION FOR DISCOVERY JLD 10 -30C - BY PLFF 1/09/2014 MOTION FOR DISCOVERY JLD 10 -30D - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1516 - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1531 - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1533 B - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1533 C - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1581 111 - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1581 IV- BY PLFF 1/09/2014 MOTION FOR DISCOVERY 42 5553A - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 42 5553 A.1 - BY PLFF 1/09/2014 MOTION FOR DISCOVERY 1 -21 -2011 - BY PLFF 1/09/2014 MOTION FOR SANCTITY -BY PLFF PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2013 -05969 MONIGHAN JOSHUA (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Case Type CIVIL APPEALS - AGENCI Judgment .00 Judge Assigned: HESS KEVIN A Disposed Desc.: Case Comments Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 1/09/2014 CERTIFICATE OF SERVICE - SERVED 19 MOTIONS UPON INTERESTED OFFICES - BY PLFF 10/11/2013 2:12 0/00/0000 0/00/0000 3/03/2014 CERTIFICATE OF SERVICE - ORDER FOR APPEAL ORDER FOR TRANSCRIPT /ORDER FOR WRITTEN OPINION IN SUPPORT OF REMAN ORDER PLFFS STATEMENT OF MATTERS COMPLAINED OF /EXPRESSION OF GGRADUATREED /$73.50 SUPERIOR COURT CHECK /$57.00 CLIMB CO CHECK - BY 3/17/2014 ORDER - DATED 1/17/14 - THE APPEAL IS REMANDED TO THE DEPARTMENT OF TRANSPORTATION FOR CORRECTION OF ITS RECORDS - BY THE COURT KEVIN A HESS J - COPIES MAILED 3/17/14 3/17/2014 ORDER FOR APPEAL TO COMMONWEALTH COURT - BY JOSHUA A MONIGHAN PLFF 3/17/2014 ORDER FOR TRANSCRIPTS BY JOSHUA A MONIGHAN PLFF 3/17/2014 ORDER FOR WRITTEN OPINION IN SUPPORT OF REMAN ORDER - BY JOSHUA MONIGHAN PLFF 3/17/2014 STATEMENT OF MATTERS COMPLAINED OF BY JOSHUA MONIGHAN PLFF 3/17/2014 EXPRESSION OF GRATITUDE - BY JOSHUA A MONIGHAN PLFF - - - - - - - - - . - - - - - LAST ENTRY - - - - ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Escrow Information * * Fees & Debits Beg Bal Pymts /Adi End Bal * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PETITION TAX ON PETITION SETTLEMENT AUTOMATION FEE JCP FEE APPEAL HIGH CT 65.25 .50 9.50 5.00 23.50 57.00 160.75 65.25 .50 9.50 5.00 23.50 57.00 .00 .00 .00 .00 .00 .00 160.75 .00 ************************************************** * * * * * * * * * * * * * *. * * * * * * * * * * * * * * ** * End of Case Information ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TRUE -COPY PROM RECORD In Testimony whereof :1 here unto' set my hand and the se of said C • urt at = dfsle, Pa. This J. Y of - +' r `.. 1 Prottion tary Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 VS. 7 HI: PRO11-10,NOV: 201411AR 17 PM 2:148 CUMBERLAND COUNTY PENNSYLVANIA No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 ORDER for Transcripts I here by place order for the transcripts of the review held on 2-17-2013 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 VS. HE PROTHON 0 TA 2614 fiAR 17 P11 2: 48 CUMBERLAND COUNTY PENNSYLVANIA No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 ORDER for written opinion in support of reman order I hear by place order or Opinion in Support of Order pursuant to 210 pa code rule 1925 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 VS. FIELJ-Ct:FICE C:f: HE PROTHONOT,::.,i 2a1'it1f1R 17 P1 2: 49 CUMBERLi-kNi.3 COUNT': PENNSYLVANIA No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 Statement of Matters Complained of The Matter complained of before the Honorable Kevin Hess is resolute. A conviction is displayed on the reputation of Joshua A Monighan for the dates of 5-10-2009 and 6-10-2009 where proven by the facts of the case a Conviction never existed. It appears this court regards a "conviction" as loosely as the Department of Transportations Janet L Dolan regards a conviction or lack there of, in doing so, the importance of accuracy of the record of reputation for a commonwealth taxpayer has been ordered inconsequential trough this order. Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13 -5969 Civil Joshua A Monighan. 6363 Basehore Rd Mechanicsburg PA 17050 vs. 17 PH 2: L CUMBERLAND COUNT': PENNSYLVANIA No. 13 -5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104 -2516 Expression of Gratitude I would like to express my gratitude to the Cumberland County Court for providing an essential service by which the Tax payer has been afforded an opportunity to exercise his Liberty of Conscious through the proceedings held on January 17th. In doing so the Tax payer was able to iterate most all of his conscious deductions made since the intervention in reputation by the Department of Transportation. This in its self has Granted a modicum of Relief to the Plaintiff. Very Sincerely Joshua A onighan Tax Payer 1 of 8 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 13-5969 Civil vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Notice of Appeal hereby Appeal to the next, higher court for review The following documents are included in this notification 2) Order for appeal 3) Order for Transcript 4) Order for legal Written Opinion in support of reman Order 5) Statement of Matter Complained of 6) Expression of Gratitude 7) Order remanded envelope 8) Order remanded Letter by Kevin A. Hess de/ / Joshua A Monighan TAX PAYER 663 Basehore Rd Mechanicsburg PA 17050 1717 319 8014 Drivers License Appeal G.) -47 C.1 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 VS. Ti: n ,4 r"; U12) MAR 1 7 PH 2: 43 CUB COUUTY PENNSYLVANIA No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 ORDER for Appeal 0.6vvvelete.Ou3€41;-1-1-\_ I here by Appeal this case to the Next Higher Court for Review. Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 3/n/ y En5Lac cLL LS -C1 - e; Pc,CPCW • 074.14' pig30,/ .511.73 pL do3czy Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 THE'. Z,Cii[f MAR 7 P? 2: 14 ) CUMBER-LAM COUNT'i PENNSYLVANIA No. 13-5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 ORDER for Transcripts I here by place order for the transcripts of the review held on 2-17-2013 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 VS. I E T tiON.317-,F; ( Zij MAR n pm 2: 149 CUM :B..ERL A C 13U ti I ‘).' PENNSYLVANIA No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 ORDER for written opinion in support of reman order I hear by place order or Opinion in Support of Order pursuant to 210 pa code rule 1925 Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 vs. No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel (-) Third Floor, River Front Office Center rnw rn 1101 South Front Street rn r Harrisburg PA 17104-2516 car— Statement of Matters Complained of rr: „.. The Matter complained of before the Honorable Kevin Hess is resolute. A conviction is displayed on the reputation of Joshua A Monighan for the dates of 5-10-2009 and 6-10-2009 where proven by the facts of the case a Conviction never existed. It appears this court regards a "conviction” as loosely as the Department of Transportations Janet L Dolan regards a conviction or lack there of, in doing so, the importance of accuracy of the record of reputation for a commonwealth taxpayer has been ordered inconsequential trough this order, Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 Commonwealth of Pennsylvania County of Cumberland 1 of 1 Appeal 13-5969 Civil Joshua A Monighan 6363 Basehore Rd Mechanicsburg PA 17050 vs. No. 13-5969 Civil Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 Expression of Gratitude I would like to express my gratitude to the Cumberland County Court for providing an essential service by which the Tax payer has been afforded an opportunity to exercise his Liberty of Conscious through the proceedings held on January 1.7th. In doing so the Tax payer was able to iterate most all of his conscious deductions made since the intervention in reputation by the Department of Transportation. This in its self has Granted a modicum of Relief to the Plaintiff. Very Sincerely zzz_ //1/7 Joshua A Monighan Tax Payer KEVIN A. HESS JUDGE 1 COURTHOUSE SQUARE RM 404 CARLISLE PA 17013 .jOSHUA A. MONIG•AN 6363 BASESHORE ROAD MECHANICSBURG, PA 17050 . 1111111•1iii POS1AG:*PiTNEY BOWES =•' • ;;;;a5-0,-,amlwv.44- ZIP 'I 7013 .• • , • 'kr =644111.,., 0001368648hAR 17 2014 . • . 1 11 11 i i JOSHUA A. MONIGHAN, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-5969 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION ORDER AND NOW, this 17th day of January, 2014, the appeal filed in the above- captioned matter is: ce-) Attest 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 , 20 , at .m., in Courtroom Room No. • of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT; Joshua A. Monighan, 6363 Baseshore Road, Mechanicsburg, PA 17050 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 " i€. D-OF ICE Commonwealth of Pennsylvania �` y THE P;gi NON'Af�V Janet L Dolan 2014 APR 2 1 PM it 18 Pennsylvania Department of Transportation OMBERLAlfO COUNTY 1 of 5 PENNSYLVANIA Appeal 13 -5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 13 -5969 Civil vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Drivers License Appeal Certificate of Service 4-18 -2014 On 4 -18 -14 I, the undersigned, Served a copy of one (1) documents 1) Notice of Appeal 8 pages I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: by first class mail USPS to each of the following offices: 1 Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg, Pennsylvania 17120 1 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 (717) 787-3391 1 Chief Clerk Michael F Krimmel Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106 -9185 1 -717- 255 -1650 Certified mail 2 copies 1i Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 2 of 5 Appeal 13 -5969 Civil Docket No. 422 CD 2014 Joshua Monighan vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 4- 1 Tarrance M. Edwards Assistant Counsel Vehicle and Traffic Law Division Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104 -2516 1717 787 2830 Attorney ID No. 25231 Representing the Commonwealth 1 Janet L. Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106 -8693 1 717- 787 -9662. No. 13 -5969 Civil Drivers License Appeal 18 -2014 Certified 3 of 5 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13 -5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 13 -5969 Civil vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 4-18 -2014 1 Brenda Collins Judicial and Information manager Bureau of Drivers Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106 -8693 1 717- 787 -9662 1 Pennsylvania Department of Transportation Robert J. Shea Deputy Chief Counsel Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104 -2516 1717 787 2830 1 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104 -2516 1717 787 2830 Drivers License Appeal 4 of 5 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13 -5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 13 -5969 Civil vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 4 -18 -2014 1 Office of Prothonotary David D Buell One CourtHouse Square Carlisle Pennsylvania 17013 (717) 240 -6195 1 Clerk of Courts Dennis Lebo 1 Courthouse Square Room 205 Carlisle, PA 17013 717.240.6250 1 Official Court Reporter 1 Court House Square Carlisle PA 17013 1717 240 6100 1 The Honorable Kevin A. Hess 1 Court House Square room 404 Carlisle PA 17013 1717 240 6100 2 copies Certified Certified J 5 of 5 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 13-5969 Civil vs* Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 4-18-2014 1 hereby certify that 1 am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1717 319 8014 and Subscribed This day of 2014 in the Commonwealth of Pennsylvania County,N Cumberland 1111 OF PENNSYLVNRA Notarial Seal Andrea L Wingard, Notary Public Hampden TWp., Cumberland County try Commission Expires May 11, 2014 Member, Penrewherila treiodabon Of Notifies QL ommonboEAttb Court of Venn ptbarnia Kristen W. Brown Pennsylvania Judicial Center Prothonotary 601 Commonwealth Avenue, Suite 2100 Michael Krimmel, Esq. P.O. Box 69185 Chief Clerk of Commonwealth Court Harrisburg, PA 17106 -9185 www.pacourts.us April 24, 2014 NOTICE OF DOCKETING APPEAL RE: Monighan, J v. DOT 422 CD 2014 Filed Date: March 17, 2014 Trial Court Docket No: No. 13 -5969 Civil A Notice of Appeal from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should. be forwarded to the Commonwealth Court within sixty (60) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on the next page of this notice. NOTICE TO COUNSEL A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa.R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on the next page of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Philip Murray Bricknell, Esq. Terrance M. Edwards, Esq. Robert J. Shea, Esq. Participant Name Bureau of Driver's Licensing Bureau of Driver's Licensing Bureau of Driver's Licensing Participant Type Appellee Appellee Appellee Address all written communications and direct all filings to: Office of the Chief Clerk Commonwealth Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106 -9185 (717) 255 -1650 Filings may be made in person between 9:00 a.m. and 4:00 p.m. (except Saturdays, Sundays, and holidays observed by the Pennsylvania courts), by mail as provided by general rules, or as otherwise permitted by general rules of court. JOSHUA MONIGHAN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : TRANSPORTATION, BUREAU OF : No. 13-5969 CIVIL DRIVERS LICENSING IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925 Hess, P.J., May ag , 2014: -- Appellant Joshua Monighan filed an appeal from an indefinite suspension of his driver's license by the Pennsylvania Department of Transportation ("PennDOT"). After a hearing before this court, the appeal was remanded to PennDOT for corrective action. Appellant Monighan filed the instant appeal along with a Statement of Matters Complained of. The facts of this case are anything but straightforward. On May 10, 2009, PennDOT was notified by the state of Florida that Mr. Monighan had failed to pay the fines and costs of a citation issued in Florida. (Notes of Testimony, In Re: License Suspension Appeal, January 17, 2014 at 3 (hereinafter "N.T. at _")). On August 18, 2009, PennDOT informed Mr. Monighan of the impending suspension as a result of the outstanding balance owed to the state of Florida. (N.T. at 9). On September 22, 2009 PennDOT indefinitely suspended Mr. Monighan's driver's license under 75 Pa.C.S. § 1533(b). Sixteen months later, on January 21, 2011, Mr. Monighan was pulled over by a police officer and informed that he was driving under a suspended license due to outstanding costs and fines from the Florida citation. (N.T. at 5). At this time, Mr. Monighan was cited for a violation of 75 Pa.C.S. § 1543, driving while under suspended license. (N.T. at 5). Upon notification by the officer that his license was suspended, Mr. Monighan attempted to contact the Volusia County Court in Florida and satisfy the outstanding fines and costs. (N.T. at 17-18). However the debt was not satisfied at that time, as the debt had been referred to a collection agency. (N.T. at 18). Mr. Monighan did not attempt to remit payment to the collection agency. (N.T. at 18). On April 21, 2011, PennDOT notified Mr. Monighan that his license was to be suspended for one (1) year because of the violation of 75 Pa.C.S. § 1543 that occurred on January 21, 2011. (N.T. at 10). That one year suspension apparently became effective when Mr. Monighan surrendered his driver's license on February 14, 2013. (N.T. at 11). On September 13, 2013, PennDOT notified Mr. Monighan that his license was indefinitely suspended under 75 Pa.C.S. § 1533(a) as a result of his failure to pay costs and fines associated with the January 21, 2011 § 1543 citation. (N.T. at 10). It is from this second indefinite suspension that Mr. Monighan is appealing. (N.T. at 6). On December 10, 2013, Mr. Monighan obtained a letter from the Florida Department of Highway Safety and Motor Vehicles indicating that his obligations had been satisfied and he only needed to show the letter and pay reinstatement fees in order for his driving privileges to be restored. (N.T. at 23). On December 23, 2013, Mr. Monighan showed this letter to PennDOT and had apparently satisfied his remaining obligations. (N.T. at 13). During the appeal hearing, PennDOT was seeking remand to correct their records to reflect the satisfaction of Mr. Monighan's obligations, as, once corrected, the 2 appeal before the court would be moot. (N.T. at 11). Mr. Monighan meanwhile maintained that the second indefinite suspension should never have occurred because he was never notified by Florida of the outstanding costs and fines and therefore should not have had his license suspended the first time under 75 Pa.C.S. § 1533(b). (N.T. at 26). This is also the basis upon which Mr. Monighan files the instant appeal, alleging some sort of besmirchment of his reputation because his license was based on a non- existent conviction. (Statement of Matter Complained of, filed Mar. 17, 2014). Despite appealing from the 75 Pa.C.S. § 1533(a) suspension, Mr. Monighan's arguments revolve solely around the § 1533(b) suspension. 75 Pa.C.S. § 1533(b) says: [t]he department shall suspend the operating privilege of any person who has failed to respond to ... any state which has entered into an enforcement agreement with the department ... for any violation of the motor vehicle laws of such state ... or who has failed to pay any fine or costs import by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. Mr. Monighan argues that because he was not convicted in Florida, this necessarily means that he should not have had his license suspended here in Pennsylvania. This argument carries no weight. 75 Pa.C.S. § 1533 does not require a conviction in order to impose a suspension. All that is needed is that an individual failed to respond to a citation or failed to pay a fine or costs. Mr. Monighan also maintains that he was never notified by Florida that he owed a fine or costs. (N.T. at 25). This contention is also without merit. In fact, Mr. Monighan admitted that, when he received the citation from the Florida police officer, he was notified of his obligations and what would occur if he failed to pay 3 the fine. (N.T. at 29). Mr. Monighan also complains that the language of the citation issued in Florida is a product of the executive and not the judicial branch of that state. (N.T. at 29, 33). That the language of a citation given by a police officer can be the product of a court-made rule appears lost on Mr. Monighan. In any event, 75 Pa.C.S. § 1533(b) only requires that the individual be notified by the issuing jurisdiction, not notified by a letter from the court of that jurisdiction. In summation, Mr. Monighan received a citation in Florida that conveyed to him the obligations imposed by that state. (N.T. at 29). Mr. Monighan failed to satisfy those obligations, and Florida subsequently informed the Commonwealth of that fact under the Driver License Compact authorized by 75 Pa.C.S. § 6146. (N.T. at 3). The Commonwealth informed Mr. Monighan of the impending suspension and provided him with the information necessary to remedy the deficiency. (N.T. at 9). Therefore, Mr. Monighan's indefinite suspension for the Florida citation was proper under the provisions of 75 Pa.C.S. § 1533(b) because the Commonwealth has proven he was notified of the citation and failed to pay the fine imposed. Com. v. Utley, 13 Pa. D. & C.3d 643 (1980) (holding suspension only proper when the Commonwealth has proven the individual failed to respond upon being duly notified of the citation). Since the underlying suspension was proper, and because Mr. Monighan eventually satisfied the obligations of both Florida and the Commonwealth (N.T. at 7, 31), the proper recourse is to remand the appeal to PennDOT to allow for the update of their records and the removal of the indefinite suspensions of Mr. Monighan's driver's license.' BY THE COURT, Kevi ,shua Monighan 6363 Basehore Road Mechanicsburg, PA 17050 hilip M. Bricknell, Esquire Office of Chief Counsel Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 :rlm i € s n+ L s1 L3/IY k4" A. Hess, P.J. N) 1 Mr. Monighan has, essentially, appealed an order that is favorable to him. A remand by this court will restore his license much sooner than the same action by the Commonwealth Court. To this extent, Mr. Monighan has done a masterful job of cutting off his nose to spite his face. 5 CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Commonwealth Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: JOSHUA A. MONIGHAN Vs. PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION 2013-5969 CIVIL TERM 422 CD 2014 The documents comprising the record have been numbered from No. 1 to 137, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 5/2 % /2014. ' 1 David D. it , 'rothonotary Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full. true and correct copy of the whole record of the case therein stated, wherein JOSHUA A. MONIGHAN Plaintiff, and PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION Defendant, as the same remains of record before the said Court at No. 2013-5969 of 422 CD 2014 Civil Term. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 28TH day of (-� M�' A. D., 2014 Prothonotary Kevin A. Hess President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that David D. Buell , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and hat the said record, certificate and attestation are indue form of law and made by proper offic "7) Commonwealth of Pennsylvania County of Cumberland ss: President Judge David D. Buell , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit arc and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand .•d aff d the seal o said Court this 28TH day 2 f ' MAY .D. 2014 Prothonotary No Term 19 2013-5969 CIVIL TERM No. 422 CD 2014 JOSHUA A. MONIGHAN Versus PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION EXEMPLIFIED RECORD From Cumberland County Debt, 5 Int. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county c` in the Commonwealth of Pennsylvania 2013-5969 CIVIL TERM to No. 422 CD 2014 Term. 19 is contained the following: COPY OF Appearance DOCKET ENTRY JOSHUA A. MONIGHAN vs. PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION **SEE CERTIFIED COPY OF DOCKET ENTERIES** PYS511 Cumberland County Prothonotary's Office Civil Case Print 2013-05969 MONIGHAN JOSHUA (vs) PENNSYLVANIA Reference No Case Type • Judgmen Judge Assigned: Disposed Desc.: Case Comments CIVIL APPEALS 0- 0 AGENCI HESS KEVIN A . COMMONWEALTH OF Page 1 Filed 10/11/2013 Time2:12 Execution Date 0/00/0000 Jury Trial Disoosed Date0/00/0000 Higher Crt 1.: 422 CD 2014 Higher Crt 2.: ******************************************************************************** General Index Attorney Info MONIGHAN JOSHUA A PLAINTIFF PRO SE 6363 BASEHORE RD MECHANICSBURG PA 17050. PENNSYLVANIA COMMONWWEALTH OF DEFENDANT BRICKNELL PHILIP M DEPARTMENT OF TRANSPORTATION THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 ******************************************************************************** * Date Entries * ******************************************************************************** 1-7 10/11/2013 g-/10/15/2013 .2 10/16/2013 14-411/14/2013 /I-21-11/14/2013 .23.24/ 1/09/2014 25-210 1/09/2014 27-42g 1/09/2014 ,.q_ 30 1/09/2014 31-3,2.1/09/2014 33-341/09/2014 35-3` 1/09/2014 37- 31? 1/09/2014 31-(Q 1/09/2014 zit -411/09/2014 413441/09/2014 4C-461/09/2014 11-W1/09/2014 q q-Sp1/09/2014 5'!-52.1/09/2014 53_.911/09/2014 Sy -511/09/2014 FIRST ENTRY APPEAL FROM SUSPENSION OF DRIVERS LICENSE - BY APPELLANT/PRO SE PROOF OF SERVICE - APPEAL UPON PARTIES - BY PLFF ORDER SCHEDULING HEARING ON APPEAL - 10/15/13 - HEARING 1/17/14 @ 9:30 AM IN CR 4 CUMB CO COURTHOUSE - BY THE COURT KEVIN A HESS PJ COPIES MAILED 10/16/13 PROOFROOOFNSEROF VICEE Y11/1F/13 - ANNOUNCEMENT - UPON JANET L D PROOF OFNSOT OF ERVICEEY11/1F/13 - ANNOUNCEMENT - UPON JANET L L MOTION FOR DISCOVERY 6501 A - BY PLFF MOTION FOR DISCOVERY 6501 A 1 - BY PLFF MOTION FOR DISCOVERY 6501 B - BY PLFF MOTION FOR DISCOVERY 6501 C - BY PLFF MOTION FOR DISCOVERY JLD 10-30A - BY PLFF MOTION FOR DISCOVERY JLD 10-30B - BY PLFF MOTION FOR DISCOVERY JLD 10-30C - BY PLFF MOTION FOR DISCOVERY JLD 10-30D - BY PLFF MOTION FOR DISCOVERY 1516 - BY PLFF MOTION FOR DISCOVERY 1531 - BY PLFF MOTION FOR DISCOVERY 1533 B - BY PLFF MOTION FOR DISCOVERY 1533 C - BY PLFF MOTION FOR DISCOVERY 1581 111 - BY PLFF MOTION FOR DISCOVERY 1581 IV- BY PLFF MOTION FOR DISCOVERY 42 5553A - BY PLFF MOTION FOR DISCOVERY 42 5553 A.1 - BY PLFF MOTION FOR DISCOVERY 1-21-2011 - BY PLFF PYS511 Civil Case Print Cumberland County Prothonotary's Office Page 2 2013-05969 MONIGHAN JOSHUA (vs) PENNSYLVANIA Reference No... Case Type • Judgment. Judge Assigned: Disposed Desc.: Case CIVIL APPEALS - AGENCI .00 HESS KEVIN A 57-601/09/2014 b(-6/1/09/2014 5'-673/03/2014 61'3/17/2014 6Q-713/17/2014 72.3/17/2014 733/17/2014 711 3/17/2014 15-3/17/2014 %-$34/21/2014 gq-- $84/21/2014 84-4( 4/28/2014 q2,-(3/5/02/2014 112-(36 5/23/2014 Comments MOTION FOR SANCTITY -BY PLFF COMMONWEALTH OF Filed........: 10/11/2013 Time 2:12 Execution Date 0/00/0000 Jury Trial Disposed Date0/00/0000 Higier Crt 1.: 422 CD 2014 Higher Crt 2.: CERTIFICATE OF SERVICE - SERVED 19 MOTIONS UPON INTERESTED OFFICES - BY PLFF CERTIFICATE OF SERVICE - ORDER FOR APPEAL/ORDER FOR TRANSCRIPT/ORDER FOR WRITTEN OPINION IN SUPPORT OF REMAN ORDER/PLFFS STATEMENT OF MATTERS COMPLAINED OF/EXPRESSION OF GRADUATED/$73.50 SUPERIOR COURT CHECK/$57.00 CUMB CO CHECK - BY PLFF/PRO SE ORDER - DATED 1/17/14 - THE APPEAL IS REMANDED TO THE DEPARTMENT OF TRANSPORTATION FOR CORRECTION OF ITS RECORDS - BY THE COURT KEVIN A HESS J - COPIES MAILED 3/17/14 ORDER FOR APPEAL TO COMMONWEALTH COURT - BY JOSHUA A MONIGHAN PLFF ORDER FOR TRANSCRIPTS BY JOSHUA A MONIGHAN PLFF ORDER FOR WRITTEN OPINION IN SUPPORT OF REMAN ORDER - BY JOSHUA MONIGHAN PLFF STATEMENT OF MATTERS COMPLAINED OF BY JOSHUA MONIGHAN PLFF EXPRESSION OF GRATITUDE - BY JOSHUA A MONIGHAN PLFF NOTICE OF APPEAL TO COMMONWEALTH COURT - BY JOSHUA A MONIGHAN/PLFF CERTIFICATE OF SERVICE - NOTICE OF APPEAL - BY PLFF/PRO SE COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 422 CD 2014 TRANSCRIPT FILED - 1/17/14 - BEFORE HONORABLE KEVIN A HESS PJ OPINION PURSUANT TO PA RAP 1925 - 5/23/14 HESS PJ - COPIES MAILED 5/23/14 - BY THE COURT KEVIN A 5/28/2014 NOTICE OF DOCKET ENTRIES MAILED TO JOSHUA A MONIGHAN PLFF AND PHILIP M BRICKNELL ATTY (37 - - LAST ENTRY ****************** ** * *'**D*I** *�*.*** ****************************************** * Escrow Information * * Fees & Debits Beg Bal Py*mts/Adj End Bal ******************************** ******** ****** ******************************* PETITION TAX ON PETITION SETTLEMENT AUTOMATION FEE JCP FEE APPEAL HIGH CT 65.25 .50 9.50 5.00 23.50 57.00 65.25 .50 9.50 5.00 23.50 57.00 .00 .00 .00 .00 .00 .00 160.75 160.75 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY -FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal of said Court at Carlisle, Pa. This day of , 20 4/ Prothonotary CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Commonwealth Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: JOSHUA A. MONIGHAN Vs. PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION 2013-5969 CIVIL TERM 422 CD 2014 The documents comprising the record have been numbered from No. 1 to 137, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Cou is 5/28/2014. cor David 10. Rue , Prothonotary Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joshua A. Monighan, Appellant v. : No. 422 C.D. 2014 : Submitted: September 19, 2014 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing t„ r C4. �6 z'Ci 3-Sa9 0. 2 P.., -i: --¢ rTt� a zr -T1 : rn c"�_-: BEFORE: HONORABLE BERNARD L. McGINLEY, Judge .= r_,;) HONORABLE MARY HANNAH LEAVITT, Judge r`-= HONORABLE P. KEVIN BROBSON, Judge z �' D c `- w OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE LEAVITT FILED: October 23, 2014 Joshua A. Monighan (Licensee) appeals, pro se, an order of the Court of Common Pleas of Cumberland County (trial court) that remanded his statutory driver's license appeal to the Department of Transportation, Bureau of Driver Licensing (PennDOT), for corrective action. In doing so, the trial court determined that Licensee's appeal was moot because he had satisfied the obligations to the Commonwealth and the State of Florida for which his license had been suspended. We affirm. Licensee was cited for and convicted of speeding in Volusia County, Florida in 2009. The State of Florida notified PennDOT in May 2009 that Licensee had failed to pay the fines and costs associated with his Florida speeding conviction. PennDOT in turn notified Licensee on August 18, 2009, that his Pennsylvania driving privilege would be suspended effective September 22, 2009, pursuant to Section 1533(b) of the Vehicle Code, 75 Pa. C.S. §1533(b),' for failing to satisfy his obligations to the State of Florida. On January 21, 2011, Licensee was cited in Pennsylvania for driving with a suspended license in violation of Section 1543(a) of the Vehicle Code. 75 Pa. C.S. § 1543(a). Following his conviction for violating Section 1543(a), PennDOT imposed a one-year suspension of his license on April 21; 2011. Licensee surrendered his license to PennDOT on February 14, 2013. Additionally, Licensee failed to pay the fines and costs associated with his Pennsylvania conviction for driving with a suspended license, which the trial court reported to PennDOT. On September 13, 2013, PennDOT imposed a second indefinite license suspension under Section 1533(a) of the Vehicle Code, 75 Pa. C.S. § 1533(a),2 for Licensee's failure to pay the costs and fees associated with his 1 Section 1533(b) states: (b) Violations outside Commonwealth. -- The department shall suspend the operating privilege of any person who has failed to respond to a citation, summons or similar writ to appear, before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with the department, as authorized under section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state, other than parking, or who has failed to pay any fine or costs imposed by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. A person who provides proof, satisfactory to the department, that the full amount of the fine and costs has been forwarded to and received by the court shall not be regarded as having failed to respond for the purposes of this subsection. 75 Pa. C.S. §1533(b) (emphasis added). 2 Section 1533(a) states: (Footnote continued on the next page ... ) 2 Section 1543(a) conviction in 2011. Thereafter, in October 2013, Licensee paid the fines and costs for the Section 1543(a) conviction. In December 2013, Licensee satisfied his outstanding obligations to the State of Florida. Licensee appealed PennDOT's second indefinite license suspension to the trial court and a hearing was held. At the appeal hearing, PennDOT requested a remand to correct its records to reflect that Licensee had satisfied his financial obligations to the Commonwealth and the State of Florida. The trial court agreed that Licensee's appeal was moot and the proper course of action was for the court to remand the matter to PennDOT to update its records and restore Licensee's license. Licensee now appeals the trial court's order remanding the matter. On appeal,3 Licensee raises a number of procedural and due process issues regarding his license suspensions. The trial court thoroughly and ably addressed Licensee's issues, and we affirm its order for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of (continued ... ) (a) Violations within Commonwealth. -- The department shall suspend the operating privilege of any person who has failed to respond to a citation or summons to appear before an issuing authority or a court of competent jurisdiction of this Commonwealth for any violation of this title, other than parking, or who has failed to pay any fine, costs or restitution imposed by an issuing authority or such courts for violation of this title, other than parking, upon being duly notified by an issuing authority or a court of this Commonwealth. 75 Pa. C.S. §1533(a) (emphasis added). 3 In a license suspension appeal, our scope of review is limited to determining whether the trial court's findings are supported by competent evidence, whether the trial court committed an error of law, or whether the trial court manifestly abused its discretion. Osselburn v. Department of Transportation, Bureau of Driver Licensing, 970 A.2d 534, 538 n.4 (Pa. Cmwlth. 2009). 3 Transportation, Bureau of Driver Licensing, No. 13-5969 CIVIL (Cumberland Co., May 23, 2014). NNAH LEAVITT, Judge IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joshua A. Monighan, Appellant v. : No. 422 C.D. 2014 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing ORDER LE :OI WV tiZ 130 4102 —71 AND NOW, this 23rd day of October, 2014, the order of the Court of Common Pleas of Cumberland County in the above -captioned matter, dated January 17, 2014, is AFFIRMED for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of Transportation, Bureau of Driver Licensing, No. 13-5969 CIVIL (Cumberland Co., May 23, 2014). MARY HANNAH L AVITT, Judge Certified from the Record OCT 23 2014 and OrderEd 6 of 6 Joshua Monighan vs. Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 11-22-2014 L;ti pf ff'.,,,�irVr +IA OU 8+ No. 422 C.D. 2014 Drivers License Appeal I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1717 319 8014 and Subscribed This Z Z day of /o UGw.IS.Gr Cumberland Mailed and signed 11-22-2014 2014 in the Commonwealth of Pennsylvania County of COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jarod A. Buck, Notary Public My Commission Expires Oct. 24, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 422 C.D. 2014 vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Drivers License Appeal Notice for Allowance of appeal 11-22-2014 The taxpayer has made appeal to the Commonwealth of Pennsylvania Supreme Court by allowance from the Commonwealth of Pennsylvania Commonwealth Court on November 22, 2014, upon the Affirmation of Honorable Kevin A Hess P.J.'s Opinion. By the Honorable Mary Hannah Leavitt, Judge Commonwealth Court. Jurisdictional Statement The Pennsylvania Supreme court Court has Jurisdiction of this matter Pursuant to Section 724 of the Judicial Code, 42 Pa. C.S 724 J Joshua A Monighan Taxpayer pro se 6363 Basehore Rd. Mechanicsburg PA 17050 1 of 6 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 422 C.D. 2014 vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Drivers License Appeal Certificate of Service 11-22-2014 On 11-22-14 I, the undersigned, Served a copy of one (1) documents 1) Notice for allowance of appeal I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: by first class mail USPS to each of the following offices: Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg, Pennsylvania 17120 1 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 (717) 787-3391. Certified mail 1 Chief Clerk 4 copies Michael F Krimmel Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation 2 of 6 Appeal 13-5969 Civil' Docket No. 422 CD 2014 Joshua Monighan vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 11 1 Tarrance M. Edwards Assistant Counsel Vehicle and Traffic Law Division Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1717 787 2830 Attorney ID No. 25231 1 Janet L. Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1717-787-9662. No. 422 C.D. 2014 Drivers License Appeal -22-2014 Certified 3 of 6 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 422 C.D. 2014 vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 11-22-2014 1 Brenda Collins Judicial and Information manager Bureau of Drivers Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1 717-787-9662 1 Pennsylvania Department of Transportation Robert J. Shea Deputy Chief Counsel Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1717 787 2830 1 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1717 787 2830 Drivers License Appeal Certified 4 of 6 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 422 C.D. 2014 vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 11-22-2014 1 Office of Prothonotary David D Buell One CourtHouse Square Carlisle Pennsylvania 17013 (717)240-6195 1 Clerk of Courts Dennis Lebo 1 Courthouse Square Room 205 Carlisle, PA 17013 717.240.6250 1 Official Court Reporter 1 Court House Square Carlisle PA 17013 1717 240 6100 2 copies Drivers License Appeal 1 The Honorable Kevin A. Hess 1 Court House Square room 404 Carlisle PA 17013 1717 240 6100 5 of 6 Commonwealth of Pennsylvania Janet L Dolan Pennsylvania Department of Transportation Appeal 13-5969 Civil Docket No. 422 CD 2014 Joshua Monighan No. 422 C.D. 2014 vs. Drivers License Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Certificate of Service 11-22-2014 1 The Honorable Bernard L McGinley, Judge Certified Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 1 The Honorable Mary Hannah Leavitt, Judge Certified Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 1 The Honorable Kevin Brobson, Judge Certified Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 Amy Dreibelbis, Esq. Deputy Prothonotary ' Elizabeth E. Zisk Chief Clerk 'uprente Court of Veuuoptt iniac Middle District November 25, 2014 601 Commonwealth Avenue, Suite 4500 P.0, Box 62575 Harrisburg, PA 17106 (717) 787-6181 www.pacourts.us RE: Joshua A. Monighan, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Respondent No. 707 MT 2014 Trial Court Docket No: No. 13-5969 Civil Commonwealth Docket Number: 422 CD 2014 Appeal Docket No: Date Petition for Allowance of Appeal Filed: November 24, 2014 Disposition: Disposition Date: Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /hms cc: Buell, David D., Prothonotary cre Migai COMMONWEALTH OF PENNSYLVANIA SUPREME COURT MIDDLE DISTRICT No. 707 MT 2014 Joshua A. Monighan vS. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing ALLOCATUR C7 i1rrl r -y rri r r- -'C c _Appeal From the Order of Commonwealth Court No. 422 CD 2014 on October 23rd, 2014 affirming the Remand Order of the Court of Common Pleas, Cumberland County Pennsylvania, at 13-5969 2014 on January 17th, 2014 Philip Murry Bricknell Assistant Counsel AID No.88330 PA Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division 1101 S Front St 3rd floor Harrisburg Pa 170142516 Terrance M Edwards. Esq. PA Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division 1101 S Front St 3rd floor Harrisburg Pa 17014-2516 Robert John Shea, Esq. PA Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division 1101 S Front St 3rd floor Harrisburg Pa 17014-2516 Joshua A Monighan Taxpayer pro se 6363 Basehore Rd Mechanicsbug Pennslyvania 17050 1717 319 8014 TABLE OF CONTENTS Table of Citations ii Table of Statutes iii Reference to the Opinions Delivered in the Courts Below 1 Text of the Order in Question 2 Questions presented for Review 3 Statement of the case 4 Reasons relied upon for allowance of appeal 5-6 Conclusion 7 Entry of Errors, Pennsylvania Department of Transportation Bureau of Drivers Licensing appendix A 8-11 Entry of Errors, Commonwealth Court of Pennsylvania Memorandum Opinion Leavitt, Judge appendix B 12-14 Entry of Errors, Common pleas Court Hess Opinion appendix C 15-16 Opinion of the Commonwealth Court appendix D 17 - Opinion of Court of Common Pleas appendix E 11 TABLE OF CITATION Mark Emery v. COP,DOT,BODL Memorandum Opinion by Judge Covey No. 1607 C.D. 2013 sub: April 4th 2014 This case is un like that case for as follows: The taxpayer has not "moved" (relocation). The taxpayer has offered "Proof' to Show a Conviction does not Exist In this case there was not a Magisterial Judge for the "Alleged" Conviction in question. The similar Subsequent Action of the York Court for 1543 aspect happened to the taxpayer on January 21 2011 subsequent to the 2009 questions raised by the Taxpayer in this case on 1550 review. Jeffrey Ronald PETTY, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Terrance M Edwards. The PETTY case is different by; Dui and Hibutual offender and there was a WV Conviction. The Imperative Difference in this case is the record shows there is not a Florida Conviction on or about the time of 5-10-2009 Whitlatch v. Department of transportation , Bureau of Driver licensing, 552 Pa. 298,715 A.2d 387 (1998) previously stated ii TABLE OF STATUES 75 Pa.C.S 1516 (a) 75 Pa.C.S. 1516 (c) (d) 75 Pa.C.S. 1531 75 Pa.C.S 1533 75 Pa. C.S 1581 III 75 Pa.C.S. 1581 IV 75 Pa.C.S. 6322 (a)(2) 75 Pa.C.S. 6146 75 Pa.C.S. 6501 (a) (b) (c) 42 Pa. C.S. 5553 42 Pa.C.S. 6102 Fair Debt Collections Practices Act REFERENCE TO THE ORDERS OPINIONS Order below was made on October 23rd 2014 by Mary Hanna Leavitt Judge, and was review before Bernard L McGinly, Judge and P Kevin Brobson, Judge Opinion below was made on October 23rd 2014 by Mary Hanna Leavitt Judge, and was review before Bernard L McGinly, Judge and P Kevin Brobson, Judge Trial Court Order below was made on January 2014 by Kevin Hess President judge of Cumberland County. Trial Court Opinion below was made on May 23rd 2014 by Kevin Hess president judge of Cumberland County 1 TEXT OF THE ORDER IN QUESTION AND NOW, this day 23rd day of October, 2014, the Order of the Court of Common Pleas of Cumberland County in the above -captioned matter, dated January 17, 2014 , is AFFIRMED for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of Transpiration, Bureau of Drivers Licensing, No 13-5969 Civil (Cumberland Co., May 23, 2014) Mary Hannah Leavitt, judge AND NOW, this 17th day of January, 2014, the appeal filed in the above Captioned matter is: REMANDED to the Department of Transportation for correction of its records. by the Court Kevin Hess, Judge 2 QUESTIONS PRESENTED FOR REVIEW Has the taxpayer been properly convicted according to the statues? Has the taxpayer been properly notified according to the statues? Is the executive Ultra Varis Decree Equally allocated to the taxpayer? 3 STATEMENT OF THE CASE Un contested and ignored several facets of the taxers commonwealth court brief as those parts of the law operate on a mechanism known as Conviction. Such as 75 Pa.C.S. 1516 where it is clearly state only convictions are to be recorded. The Table of statues display others who come in play have either already been discussed in the commonwealth record and a few are address by Errors appendix. Further more, In this case the record shows there has not been any thing that could have resembled a record of Conviction until no earlier than August 11th 90 days ex post facto to the Clearly displayed mark of Conviction on the portion of the Taxpayers Reputation known as Certified Driver 1-21-2011 for the date of 5-10-2009. 75 Pa.C.S. 1533B clearly states the Taxpayer was to be notified duly. Here the record show the taxpayer was not notified in accordance with the statute. and the Record show there has not be any notification to the taxpayer from the Issuing authority. 75 Pa C.S. 1581 the compaq operated on Records of Conviction this case has been moved along based on assumptions of convictions and in this case the record shows a Florida conviction does not exist. under 75 pa C.S. 1581 VI the Effect is contingent on a Conviction. STATEMENT OF REASONS RELIED UPON FOR ALLOCATUR The reasons for Allocatur are as follows: The Opinions of the intermediate court conflicts form Opinions referenced in the Mark Emery v. COP,DOT,BODL Memorandum Opinion by Judge Covey No. 1607 C.D. 2013 sub: April 4th 2014 This case is un like that case for as follows: The taxpayer has not "moved" (relocation). The taxpayer has offered "Proof' to Show a Conviction does not Exist In this case there was not a Magisterial Judge for the "Alleged" Conviction in question. The similar Subsequent Action of the York Court for 1543 aspect happened to the taxpayer on January 21 2011 subsequent to the 2009 questions raised by the Taxpayer in this case on 1550 review. 5 Jeffrey Ronald FETTY, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Terrance M Edwards. The FETTY case is different by; Dui and Hibutual offender and there was a WV Conviction. The Imperative Difference in this case is the record shows there is not a Florida Conviction on or about the time of 5-10-2009 The Opinions of the indeterminate court conflict with Whitlatch Whitlatch v. Department of Transportation , Bureau of Driver licensing, 552 Pa. 298,715 A.2d 387 (1998) for the same reasons previously stated the question raised require such a definitive solution by the Supreme Court as it is of substantial public importance and potentially involves the constitutionality of several statues. 6 CONCLUSION In this case the evidence of the record show a lacking of any Record of the Following: ADJUDICATION, SUMMARY PROCEEDINGS, COURT OF COMPETENT JURISDICTION, MAGISTRATE JUDGE or OFFICIAL and NOTIFICATION OF or FROM ANY OF THE PRECEDING, for the Conviction Displayed on the Taxpayer Driver History (dates of 5-10-2009 /6/10/2009) in which was Certified by Janet L Dolan for DOT, is here by lacking in which should "Exist" in accordance with Commonwealth Statutes. The Taxpayer here by seeks to have the errors on his reputation corrected in accordance with 75 pa75 csa 1516 (c) (d) as well fines, fees and cost to the taxpayer should be reimbursed. 7 ENTRY OF ERRORS, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVERS LICENSING appendix A to appellee Brief (p4, L1) Counsel misleads the Court "was Convicted" on June 10 2009 (RB p4 L4) Simply stating the "Department sent Monighan a Suspension Notice" dose not pass the bar set under vehicles 1533b as it is quite clear the tax payer is to be notified by Florida as well DULY NOTIFIED (1531 and 1581) In this case the DOT has failed to show Proper Notification 1533b(RB p4 L12) here Counsel conflicts the Methods of recording a Conviction in the same system As when a Summary Proceeding actually took place the resulting conviction was able to be transmitted through a report of conviction. However the Conviction in question has no such report as the record shows. 75 Pa. C.S. 1531(RB p5 L13) "appeal moot" Hardly the Taxpayers reputation in part AKA drivers history still contains error even after a suspension is served fines and cost are paid. at this point in the Brief the Taxpayers issues Raised have been Ignored and the Court has been told move Along noting to see here. (RB p6 L3 ) "appeal moot" "this suspension had already ended" has no bearing on weather the Conviction on the 1-21-2011 Driver History holds water. For a second time the Court is told to move along. (RB 6 L14) " Here Counsel Misleads the Court "Proceedings against him" The Taxpayer was to be notified "to pay" by the Issuing authority and a recordable conviction would have to meet the demands of 75 Pa.C.S. 1581 II. (RB p6 L15)" Here Counsel is less than disingenuous. The taxpayer expressed that proper notification according to the compaq would have been made by the issuing authority A Judicial Branch of government in Florida and Like wise for checks and balances a Citation is to be issued by the executive branch. (RB p6 L18) Hess errors in that by this Opinion anyone who soly notifies COPDOTBODL is entitled have there way with a taxpayer reputation to record a Conviction and suspend accordingly even though the bar set by 75 Pa. C.S 1581I1 has been set. (RB p6 Ll)" No issues Exist in this Matter" Fortifies ignorance where by ignoring the issues raised by the taxpayer the second time in this reviewable document. RB p 8 L 10 " There is Noting" to see here, Move along, Move along. RB p9 L9 "was Convicted" the record shows a lack of documentation to show that claim. As long as there is a mark in error on the Certified Driver History for the Taxpayer 5-10-2009 the Recored will be instantly reviewable. The public importance of an article I Violation is to be determined. With out an appeal the Error may be likely to remain on the Taxpayers Reputation, Drivers History Indefinitely. RB p10 L3 "May suspend" in this case the suspension does not fall under 1533B in that Lawful notification was not given to the taxpayer. RB p10L8 it also important to note the taxpayer did not try to pay the fine until February 17th 2011. 2 days before the commonwealth would turn into a pumpkin 42 pa cs 5553. Yielding a stall mate lasting give or take 1000 days but who's Counting. The Record shows the taxpayer did not actually pay any fine the Taxpayer only responded to unlawful acts of debt collection ultra varis decree for an unvalidated amount. RB pll L3 Counsel fails to assign a date to the conviction he alludes to, as demanded by 75 pa cs 1581I1 anyway the 1533a aspects of this case are subsequent to the Issues Raised and ignored in this brief. RB p11 L14 "october 2013" is not the date when the Taxpayer forwarded the payment to the Court. that date was prolonged by Ultra Varis decree adding to the law on October 30th 2013 and should reflect February 17th 2011. RB p12L3 Here Counsel for DOTBODL asserts the Date of Conviction was 6-10-2009 and the trial Court asserts it was 5-10-2009 Commonwealth court asserts the Conviction was on 5-10-2009 and the Record Shows the date notice was give to the DOT was August 11th 2009 this equivocates to a recorded 90 day discrepancy of assumed facts. RB p12L5 Counsel for the DOTBODL raised a discrepancy (S.R.R. 38b -39b) by claims of knowledge by offer noting but an Opinion of the court to the awareness of the taxpayer. On one hand the Court asserts the taxpayer was given instructions of 10 days "ten days" this conflicts record form the Voluzia county court supplemented Citation obtained by the taxpayer in 2011 that says shows 30 day. Counsel is partly correct as Monighan became aware in 2011. RBp12L13 Counsel claims "Moot" is at the fault of Taxpayer , However at this point the questions raised the taxpayer on first instant have not been answered and Counsel knowledgeably moves the Court along for the Final time. 11 ENTRY OF ERRORS, COMMONWEALTH COURT OF PENNSYLVANIA Memorandum Opinion Leavitt, Judge October 23rd 2014 appendix B CWCO p2 Foot Notes the court reinforces the A person who provides Proof satisfactory to the department, that the full amount of the fines and Cost has been forwarded to and received by the court shall not be regarded as having failed to respond. The record shows the taxpayer met this burden on 2-17-2011 In this case the record shows The DOTBODL is lacking that any document that would suggest the 2-17-2011 payment by the taxpayer was unsatisfactory even though it was returned by the Florida Court. However, in the Ultra Varis Decree by Janetl L Dolan, Dolan acts as a debt collector and requires a redundant payment of an un -validated debt be paid to a collection agency. The taxpayer complied with the Ultra Varis Decree and again Counsel construed the facts to mislead the court as a payment that would some how activate the lawful effect of 75 pa csa 6146 that requires a conviction on the taxpayer. Where the evidence in this case shows a i• . uii.r . 1 --1 1• -1 -1 s s- . . .11 DOTBODLJLD is empowered to extort un -validated (FDCPA) amounts from the taxpayer to an agency with out custody of a debt. 12 This Decree undermines 1533b and conflicts the FDCPA CWMO p1L7 here the court affirms in error a upholds a Conviction of the Taxpayer in question even though the record shows in a self authenticating court record by Nico Cleavland agent of the Voluzia containing a seal of the Court, the Court Notification to pay was not given to the taxpayer and as far as the Florida Court was Concerned there was not a conviction as it was pending. The Failure to address Exculpatory evidence in this case is the fatal error in practice in this case. CWMO plL9 The Court stated that its Memorandum opinion relied on "Florida notified COPDOTBODL" in may of 2009 is of Error. The record shows the DOT was notified by Florida on or about August 1 lth 2009 See FPT Notice Taxpayer evidence on the record, a 90 day error. CWMO p2 L4 Here the court confirms a subsequent action and recordable Conviction by a Court of Competent Jurisdiction was made resulting from the Certified Driver History 1-21-2011 in Question, particularly the Conviction of 5-10-2009. It is important to differentiate between a recordable Conviction by a Court of Competent Jurisdiction after Adjudication of April 21st 2011 and the 5-10-2009 mark of conviction displayed on the reputation of the taxpayer where any supporting record of adjudication is absent. A record of a Court of Competent Jurisdiction is absent and is Conflicted by the facts of the case. this is to say the receipt of a "citation" is all that is required to Validate Conviction and finalize adjudication in any other State. A subsequent action that has occurred to the taxpayer and the Court was able to assert a record of the Conviction. CWMO p3L3 Here the Court Errors in that the Taxpayer only responded to the Ultra Varis Decree by the Director Janet L Dolan Debt Collector. The Collateral payment to the decree resulted in the taxpayers alleged(as the taxpayer already forwarded satisfactory payment) obligation being meet. See Taxpayers evidence D-6 From, that was seized by the trial court. CWMO p3L3 Here the Knowledgeable actions by the court Equivocate to placing the Captive back in the hands of the Captor. 14 ENTRY OF ERRORS, COMMON PLEAS COURT Opinion by Hess, PJ., May 23, 2014 appendix C pl L6( On May 10, 2009 is In error. The record shows the DOTBODL was Notified by Voluzia County on or about August 11th 2009. See Taxpayer's evidence FPT notice. This is an error Greater than 90 days. OH p3L10 "Monighan Argues" is of error. In fact the Taxpayer argues he was not Convicted. This necessarily means his reputation( aka Driver history) should not reflect a Conviction. OH p3L15 "by Florida" is of error as the Honorable Hess Omits "Court" if stated correctly would be. The taxpayer also maintains that he was never notified by the Florida Court (Issuing Authority) that he owed a fine or cost. OH p3L16 "this connection" is of error as his statement Conflicts with the later part of the 75 Pa C S 1533(b) cited p3L9 "upon being duly notified in accordance with the law of such jurisdiction in which the violation Occurred. OHp3L18 , "he was notified" errors by assuming an Officer Notified the taxpayer of an Obligation and what would occurs if he failed to pay the fine. The evidence in this case does not show or support that Opinion. Hess also failed to reference testimony to support the Police Notification Opinion. OHp4L1 "a product of' errors in fact the taxpayer explained the Citation is issued by the Executive branch which is not an issuing authority like the Judicial Branch. There by any type of notification from the executive branch fails to meet the bench mark of Notification by issuing authority. OHp4L3 "appears lost" errors by asserting an Opinion not supported by the record. OHp4L7 here Hess holds the deduction of the Pennsylvania Taxpayer as adequate Notice to the taxpayer to pay fines or cost in Florida. In this case the record shows fines and cost were obtained by the taxpayer Expose facto to the Citation. OHp4L10 Hess Errors by exercising the authority of the compaq under 75 Pa cs 6146, 6146 (2) stipulates a Conviction by the Federal Court or State Court must be Held.The record in this case shows a Conviction is Lacking. The Taxpayer Failed to address Each Error in the trial court's Opinion to the Commonwealth Court as the errors in the Opinion were so numerous the opinion became unintelligible to the Taxpayer which since has been over come and addressed in the Allocatur through this entry of errors. 16 COMMONWEALTH COURT OF PENNSYLVANIA OFFICE OF THE CHIEF CLERK 601 COMMONWEALTH AVENUE SUITE 2100 P.O. Box 69185 HARRISBURG, PA 17106-9185 • ; , - 7"k1/41'▪ - 4,1'4 th% • *I •StA I - •17•,...‘;•54w: •\\ /\.• •I‘ Vissh I l'"4" 4 :•••'-`.,A 11- 4:* • ./ ;•••1/4. • • 'r .t/ •41,, • , • 7 .11'1101 I 1111141111 11*.;:;1,1.7.51 reeen:141 7/4 I et! 1,57.-16A c.131rjr -÷,r4g;:-//4,77_k . F.E102 . . • SPO 02.1A 0:04519496. AILED FROM PITNEY BOWES $-00.48° CCT 23 2014 IPCODE 1 7120 Mr. Joshua A. Monihen 6363 Baseshore Rd Mechanicsburg, PA 17050 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joshua A. Monighan, Appellant v. : No. 422 C.D. 2014 : Submitted: September 19, 2014 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing BEFORE: HONORABLE BERNARD L. McGINLEY, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE P. KEVIN BROBSON, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE LEAVITT FILED: October 23, 2014 Joshua A. Monighan (Licensee) appeals, pro se, an order of the Court of Common Pleas of Cumberland County (trial court) that remanded his statutory driver's license appeal to the Department of Transportation, Bureau of Driver Licensing (PennDOT), for corrective action. In doing so, the trial court determined that Licensee's appeal was moot because he had satisfied the obligations tp the Commonwealth and the State of Florida for which his license had been suspended. We affirm. Licensee was cited for and convicted of speeding in Volusia County, Florida in 2009. The State of Florida notified PennDOT in May 2009 that Licensee had failed to pay the fines and costs associated with his Florida speeding conviction. PennDOT in turn notified Licensee on August 18, 2009, that his Pennsylvania driving privilege would be suspended effective September 22, 2009, pursuant to Section 1533(b) of the Vehicle Code, 75 Pa. C.S. §1533(b),1 for failing to satisfy his obligations to the State of Florida. On January 21, 2011, Licensee was cited in Pennsylvania for driving with a suspended license in violation of Section 1543(a) of the Vehicle Code. 75 Pa. C.S. §1543(a). Following his conviction for violating Section 1543(a), PennDOT imposed a one-year suspension of his license on April 21, 2011. Licensee surrendered his license to PennDOT on February 14, 2013. Additionally, Licensee failed to pay the fines and costs associated with his Pennsylvania conviction for driving with a suspended license, which the trial court reported to PennDOT. On September 13, 2013, PennDOT . imposed a second indefinite license suspension under Section 1533(a) of the Vehicle Code, 75 Pa. C.S. §1533(a),2 for Licensee's failure to pay the costs and fees associated with his .1 Section 1533(b) states: (b) - Violations outside Commonwealth. -- The department shall suspend the operating privilege of any person who has failed to respond to a citation, summons or similar writ to appear before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with the department, as authorized under section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state, other than parking, or who has failed to pay any fine or costs imposed by such court upon b-eini-daiynvtificd it ...� •• violation occurred. A person who provides proof, satisfactory to the department, that the full amount of the fine and costs has been forwarded to and received by the court shall not be regarded as having failed to respond for the purposes of this subsection. 75 Pa. C.S. §1533(b) (emphasis added). 2 Section 1533(a) states: (Footnote continued on the next page ... ) 2 Section 1543(a) conviction in 2011. Thereafter, in October 2013, Licensee paid the fines and costs for the Section 1543(a) conviction. In December 2013, Licensee satisfied his outstanding obligations to the State of Florida. Licensee appealed PennDOT's second indefinite license suspension to the trial court and a hearing was held. At the appeal hearing, PennDOT requested a remand to correct its records to reflect that Licensee had satisfied his financial obligations to the Commonwealth and the State of Florida. The trial court agreed that Licensee's appeal was moot and the proper course of action was for the court to remand the matter to PennDOT to update its records and restore Licensee's license. Licensee now appeals the trial court's order remanding the matter. On appeal,3 Licensee raises a number of procedural and due process issues regarding his license suspensions. The trial court thoroughly and ably addressed Licensee's issues, and we affirm its order for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of continued ) (a) Violations within Commonwealth. -- The department shall suspend the operating privilege of any person who has failed to respond to a citation or summons to appear before an issuing authority or a court of competent jurisdiction of this Commonwealth for any violation of this title, other than parking, or who has failed to pay any fine, costs or restitution imposed by an issuing authority r such « • II/ $ than parking, upon being duly notified by an issuing authority or a court of this Commonwealth. 75 P. C.S. §1533(a) (emphasis added). 3 In i license suspension appeal, our scope of review is limited to detemiining whether the trial courts findings are supported by competent evidence, whether the trial court committed an error of law, or whether the trial court manifestly abused its discretion. Osselburn v. Department of Traaportation, Bureau of Driver Licensing, 970 A.2d 534, 538 n.4 (Pa. Cmwlth. 2009). Transportation, Bureau of Driver Licensing, No. 13-5969 CIVIL (Cumberland Co., May 23, 2014). NNAH LEAVITT, Judge 4 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joshua A. Monighan, Appellant v. : No. 422 C.D. 2014 Commonwealth of Pennsylvania, Department of Transportation, 'Bureau of Driver Licensing ORDER AND NOW, this 23rd day of October, 2014, the order of the Court of Common Pleas of Cumberland County in the above -captioned matter, dated January 17, 2014, is AFFIRMED for the reasons set forth in the opinion of The Honorable Kevin Hess in Monighan v. Department of Transportation, Bureau of Driver Licensing, No. 13-5969 CIVIL (Cumberland Co., May 23, 2014). L AVITT, Judge Certified from the Record OCT 2 3 2014 and0 JOSHUA MONIGHAN IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : TRANSPORTATION, BUREAU OF : No. 13-5969 CIVIL DRIVERS LICENSING IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925 Hess, P.J., May oZ5 , 2014: -- Appellant Joshua Monighan filed an appeal from an indefinite suspension of his driver's license by the Pennsylvania Department of Transportation ("PennDOT"). After a hearing before this court, the appeal was remanded to PennDOT for corrective action. Appellant Monighan filed the instant appeal along with a Statement of Matters Complained of. The facts of this case are anything but straightforward. On May 10, 2009, PennDOT was notified by the state of Florida that Mr. Monighan had failed to pay the fines and costs of a citation issued in Florida. (Notes of Testimony, In Re: License Suspension Appeal, January 17, 2014 at 3 (hereinafter "N.T. at ")). On August 18, 2009, PennDOT informed Mr. Monighan of the impending suspension as a result of the outstanding balance owed to the state of Florida. (N.T. at 9). On September 22, 2009 PennDOT indefinitely suspended Mr. Monighan's driver's license under 75 Pa.C.S. § 1533(b). Sixteen months later, on January 21, 2011, Mr. Monighan was pulled over by a police officer and informed that he was driving under a suspended license due to outstanding costs and fines from the Florida citation. (N.T. at 5). At this time, Mr. Monighan was cited for a violation of 75 Pa.C.S. § 1543, driving while under suspended license. (N.T. at 5). Upon notification by the officer that his license was suspended, Mr. Monighan attempted to contact the Volusia County Court in Florida and satisfy the outstanding fines and costs. (N.T. at 17-18). However the debt was not satisfied at that time, as the debt had been referred to a collection agency. (N.T. at 18). Mr. Monighan did not attempt to remit payment to the collection agency. (N.T. at 18). On April 21, 2011, PennDOT notified Mr. Monighan that his license was to be suspended for one (1) year because of the violation of 75 Pa.C.S. § 1543 that occurred on January 21, 2011. (N.T. at 10). That one year suspension apparently became effective when Mr. Monighan surrendered his driver's license on February 14, 2013. (N.T. at 11). On September 13, 2013, PennDOT notified Mr. Monighan that his license was indefinitely suspended under 75 Pa.C.S. § 1533(a) as a result of his failure to pay costs and fines associated with the January 21, 2011-§ 1543 citation. (N.T. at 10). It is from this second indefinite suspension that Mr. Monighan is appealing. (N.T. at 6). On December 10, 2013, Mr. Monighan obtained a letter from the Florida Department of Highway Safety and Motor Vehicles indicating that his obligations had been satisfied and he only needed to show the letter and pay reinstatement fees in order for his driving privileges to be restored. (N.T. at 23). On December 23, 2013, Mr. Monighan showed this letter to PennDOT and had apparently satisfied his remaining obligations. (N.T. at 13). During the appeal hearing, PennDOT was seeking remand to correct their records to reflect the satisfaction of Mr. Monighan's obligations, as, once corrected, the 2 appeal before the court would be moot. (N.T. at 11). Mr. Monighan meanwhile maintained that the second indefinite suspension should never have occurred because he was never notified by Florida of the outstanding costs and fines and therefore should not have had his license suspended the first time under 75 Pa.C.S. § 1533(b). (N.T. at 26).. This is also the basis upon which Mr. Monighan files the instant appeal, alleging some sort of besmirchment of his reputation because his license was based on a non- existent conviction. (Statement of Matter Complained of, filed Mar. 17, 2014). Despite appealing from the 75 Pa.C.S. § 1533(a) suspension, Mr. Monighan's arguments revolve solely around the § 1533(b) suspension. 75 Pa.C.S. § 1533(b) says: [t]he department shall suspend the operating privilege of any person who has failed to respond to ... any state which has entered into an enforcement agreement with the department ... for any violation of the motor vehicle laws of such state ... or who has failed to pay any fine or costs import by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. Mr. Monighan argues that because he was not convicted in Florida, this necessarily means that he should not have had his license suspended here in Pennsylvania. This argument carries no weight. 75, Pa.C.S. § 1533 does not require a conviction in order to impose a suspension. All that is needed is that an individual failed to respond to a citation or failed to pay a fine or costs. Mr. Monighan also maintains that he was never notified by Florida that he owed a fine or costs. (N.T. at 25). This contention is also without merit. In fact, Mr. Monighan admitted that, when he received the citation from the Florrcta police officer, he was notified of his obligations and what would occur if he failed to pay 3 the fine. (N.T. at 29). Mr. Monighan also complains that the language of the citation issued in Florida is a product of the executive and not the judicial branch of that state. (N.T. at 29, 33). That the language of a citation given by a police officer can be the product of a court-made rule appears lost on Mr. Monighan. In any event, 75 Pa.C.S. § 1533(b) only requires that the individual be notified by the issuing jurisdiction, not notified by a letter from the court of that jurisdiction. In summation, Mr. Monighan received a citation in Florida that conveyed to him the obligations imposed by that state. (N.T. at 29). Mr. Monighan failed to satisfy those obligations, and Florida subsequently informed the Commonwealth of that fact under the Driver License Compact authorized by 75 Pa.C.S. § 6146. (N.T. at 3). The Commonwealth informed Mr. Monighan of the impending suspension and provided him with the information necessary to remedy the deficiency. (N.T. at 9). Therefore, Mr. Monighan's indefinite suspension for the Florida citation was proper under the provisions of 75 Pa.C.S. § 1533(b) because the Commonwealth has proven he was notified of the citation and failed to pay the fine imposed. Com. v. Utley, 13 Pa. D. & C.3d 643 (1980) (holding suspension only proper when the Commonwealth has proven the individual failed to respond upon being duly notified of the citation). Since the underlying suspension was proper, and because Mr. Monighan eventually satisfied the obligations of both Florida and the Commonwealth (N.T. at 7, 31), the proper recourse is to remand the appeal to PennDOT to allow for 4 the update of their records and the removal of the indefinite suspensions of Mr. Monighan's driver's Iicense.1 Joshua Monighan 6363 Basehore Road Mechanicsburg, PA 17050 Philip M. Bricknell, Esquire Office of Chief Counsel Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 :rim BY THE COURT, Kevi A. Hess, P.J. 1 Mr. Monighan has, essentially, appealed an order that is favorable to him. A remand by this court will restore his license much sooner than the same action by the Commonwealth Court. To this extent, Mr. Monighan has done a masterful job of cutting off his nose to spite his face. 5 fiPf.1"t11.411(1.11II 1Tt Il Nititrimt ocoti veo vJusaiNvilaav o -z -r 3-0I-ISWSV ET E9E9 NVITOINOI1 VIIIISOf eio41 trcta/sralv0 0 poi caervnbssnoua.unoo aoor ssall NIA3)/ JOSHUA A. MONIGHAN, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-5969 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION AND NOW, this 17th day of January, 2014, the appeal filed in the above - captioned matter is: 90 cztiz Cr C,J CD cA 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 , 20_, at .m., in Courtroom Room No. • of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Attest: Joshua A. Monighan, 6363 Baseshore Road, Mechanicsburg, PA 17050 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 i3 -5-961 COMMONWEALTH OF PENNSYLVANIA SUPREME COURT MIDDLE DISTRICT No. 707 MT 2014 Joshua A. Monighan vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing ALLOCATUR Certificat of Service a ria) i -. ic;,)c r3 ___I r-- / T:: N c-4. Q On 12-15-14 I, the undersigned, Served a copy of one (1) documents 1) Allocatur no. 707 MT 2014 I hereby certify that I this day have served the foregoing document upon the persons below and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: by first class mail. USPS to each of the following offices: 1 Thomas W Corbett Governor's Office 225 Main Capitol Building Harrisburg, Pennsylvania 17120 1 Attorney General Kathleen Kane Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 (717) 787 3391 1 of 4 1 Chief Clerk Michael F Krimmel Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 1x2 Irene Bizzoso. Esq Pennsylvania Judicial Center 601 Commonwealth Ave. Suite 4500 P.O. Box 62575 Harrisburg, PA 17106 1717 787 6181 1 Tarrance M. Edwards Assistant Counsel Vehicle and Traffic Law Division Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1717 787 2830 Attorney ID No. 25231 1 Janet L. Dolan Director Bureau of Driver Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 1717-787-9662. 1 Brenda Collins Judicial and Information manager Bureau of Drivers Licensing Pennsylvania Department of Transportation Po Box 68693 Harrisburg PA 17106-8693 one bound, one unbound 1 717-787-9662 2 of 4 Pennsylvania Depai ment of Transportation Robert J. Shea Deputy Chief Counsel Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1717 787 2830 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation Law and Traffic Division Office of Chief Counsel Third Floor, River Front Office Center 1101 South Front Street Harrisburg PA 17104-2516 1717 787 2830 Office of Prothonotary David D Buell One CourtHouse Square Carlisle Pennsylvania 17013 (717) 240-6195 Clerk of Courts Dennis Lebo 1 Courthouse Square Room 205 Carlisle, PA 17013 717.240.6250 Official Court Reporter 1 Court House Square Carlisle PA 17013 1717 240 6100 The Honorable Kevin A. Hess 1 Court House Square room 404 Carlisle PA 1/013 1717 240 6100 3 of 4 4 1 The Honorable Bernard L McGinley, Judge Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 1 The Honorable Mary Hannah Leavitt, Judge Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 1 The Honorable Kevin Brobson, Judge Commonwealth Court of Pennsylvania 601 Commonwealth Avenue, Suite 2100 P.O. Box 69185 Harrisburg, PA 17106-9185 1-717-255-1650 Certificate of Service 12-16-2014 I hereby certify that I yesterday served the foregoing document upon the persons above and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Joshua A Monighan TAX PAYER 6363 Basehore Rd Mechanicsburg PA 17050 1717 319 8014 Mailed 12-15-2014 and notarized 12-16-2014 M13uSt9 94f;t 9:eaPM Sworn and Subscribed This /(o day of lece 2014 in the Commonwealth of Pennsylvania County of Uri! el' an By 4 of 4 COMMONWEAL'T'H OF PENNSYLVANIA Notarial Seal Jarod A. Buck, Notary Public Upper Allen Twp., Cumberland County My Expires pI res Oct. 24 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Amy Dreihelhis, Esq. Deputy Prothonotary Elizabeth E. Zisk Chief Clerk Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 upretne Court of Veutt5plbattia Middle District December 30, 2014 601 Commonwealth Avenue, Suite 4500 P.O. Box 62575 Harrisburg, PA 17106 (717) 787-6181 www.pacourts.us RE: Joshua A. Monighan, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Respondent No. 941 MAL 2014 Trial Court Docket No: No. 13-5969 Civil Commonwealth Docket Number: 422 CD 2014 Appeal Docket No: Date Petition for Allowance of Appeal Filed: November 24, 2014 Disposition: Disposition Date: Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /hms