HomeMy WebLinkAbout14-3136/1/--- 313 +e'm-
230A-5 ADMINISTRATIVE APPEALS J[ 230A.03
In that case, the statute specifically provides that an appeal must be taken within
twenty (20) days.'°
FORM 230A.03-10
Petition for Leave to Appeal Nunc Pro liinc From Order of Government
Agency
IN THE COURT OF COMMON PLEAS OF kri1PSAd COUNTY
Ah- )7 US—
bonny v\ieit 801st min
04 Petitioner
m UIJv.
(name of government agency )
Respondent
C 3 J. , TERM
(year)
No. / — 3/36°
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PE 1MON FOR LEAVE TO FILE APPEAL
NUNC PRO TUNC FROM ORDER
OF (name of government agency)
Petitione¬i , by the undersigned counsel, seeks leave to appeal nunc
pro tunc from the order of the (name of government agency) dated
/ 7 , and in support represents as follows:
1. On '7---2-/y (date), the U (name of government agency)
entered an order which li�p�sr- QIe escribe the nature of the agency's action as �—LI C`eii;SG sc r 5i 01V
set forth in the order). A copy of the order is attached as Exhibit "A."
2. The (name of government agency) negligently failed to serve
petitioner with a copy of the order.
(or)
2. The (name of government agency) negligently directed notice of
the order to petitioner at the wrong address.
3. Petitioner was required to file any appeal within thirty (30) days after entry of the
order.
4. By reason of the negligent conduct of the (name of government
agency), petitioner was prevented from learning of the entry of the order until
(date), when (describe circumstances under which
petitioner became aware of the entry of the order).
5. The failure of the (name of government agency) to properly serve
petitioner with a copy of the order constitutes a material breakdown in the agency's
operations which justifies the allowance of an appeal at this time.
WHEREFORE, petitioner respectfully requests that this Court enter an order
1° 47 Pa. Stat. Ann. § 4-464.
(ReL 62-5/2011 Pub.260)
/03. 7'/°p,?
","dit. et
/24.r 3 00-0 7
FORM 230A.03-20 COURTS; CRIM. PROC.; APPEALS 230A-6
extending the time for filing an appeal in this matter and allowing petitioner to appeal
nunc pro tunc from the i/ - 7 - / if (date) order of the 0..ac4 k(name of
government agency).
(Verification)
FORM 230A.03-20 Rule to Show Cause Why Leave Should
Not Be Granted to Appeal Nunc Pro Tune
From Order of Government Agency
RULE
AND NOW, (date), upon consideration of the petition of
for leave to appeal nunc pro tunc from the (date) order
of the (name of government agency), a RULE is hereby entered on the
(name of government agency) to show cause why the time for filing an
appeal in this matter should not be extended.
eiIT'7Y=ed,
PrAttorney foPetitioner
got
M Qtr'- rk (Address)
'73/S
By the Court:
J.
FORM 230A.03-30 Order Granting Leave to Appeal
Nunc Pro Tunc from Order of
Administrative Agency
ORDER
AND NOW, (date), upon consideration of the petition of
for leave to appeal nunc pro tunc from the (date), order
of the (name of government agency), it is hereby ORDERED that the
time for filing an appeal in this matter is extended and petitioner is permitted to appeal
nunc pro tunc from the (date) order of the (name of
government agency), provided such appeal is filed no later than (date)
(or days from entry of this order).
By the Court:
J.
q 230A.04 Administrative Appeals to Common Pleas Court—Commonwealth
Government Agencies—Generally (42 Pa. Cons. Stat. Ann.
§ 933(a)(1))
The courts of common pleas have jurisdiction over appeals from final orders of
(ReL 62-5/2011 Pub.260)
q 230A.03
COURTS; CRIM. PROC.; APPEALS 230A-4
personal service by hand and acceptance of personal service.8
q 230A.03 Administrative Appeals to Common Pleas Court—Time for Taking
Appeal—Generally (42 Pa. Cons. Stat. Ann. I} 5571)
Except as otherwise provided by statute, an appeal from a government unit to a court
must be commenced within thirty days after the entry of the order from which the
appeal is taken.' For purposes of appeal, the date of entry of an order of a government
unit is the date of service, or the date of mailing if service is by mai1.2
In certain limited circumstances, leave of court may be obtained to file an untimely
appeal nunc pro tune. The phrase "none pro tune" means "now for then" and is applied
to acts which are allowed to be done after the time when they should be done with the
same effect as if they had been done on times In Pennsylvania, a court generally may
not extend a statutory or regulatory time period for filing an appeal "absent a showing
of fraud or its equivalent."4 Negligence on the part of administrative officials may be
deemed to be the equivalent of fraud if such negligence is the cause of a petitioner's
failure to meet a deadline. The Pennsylvania Board of Probation and Parole's sending
of notice of a recommitment order to the wrong address was held by the Pennsylvania
Commonwealth Court to be a breakdown in operations constituting negligence for
purposes of the rule.° The court noted that a mere allegation of failure to receive notice
is insufficient cause for allowing a nunc pro tunc appeal.e The fraud or its equivalent
rule will be relaxed only in "very unique or exceptional circumstances," typically
where the petitioner acted reasonably and injustice would result by not allowing the
filing.' "Something more than mere hardship is necessary to justify an extension of
time."2 A reasonable misunderstanding of an applicable deadline induced by a recently
passed and ambiguous statute has been held to be sufficient basis to permit an appeal
nunc pro tune.°
An exception to the thirty (30) day appeal period applies in the case of an appeal
from the Liquor Control Board's refusal to grant, renew, or transfer a liquor license.
5 Gilmore v. Commonwealth., 139 Pa. COMM. 499.590 A.2d 1369 (1991).
1 42 Pa. Cons. Stat. Ann. § 5571(b).
2 42 Pa. Cons. Stat. Ann. § 5572.
3 Commonwealth v. Jefferson, 430 Pa. 532 (1968).
4 Moore v. Commonwealth, 94 Pa Commw. 527 (1986).
5 Moore v. Commonwealth, 94 Pa. Commw. 527 (1986); Branch v. Workmen's Compensation Appeal
Board, 38 Pa. Commw. 374 393 A.2d 55 (1978).
5 Moore v. Commonwealth, 94 Pa. Commw. 527 (1986), (citing In re Franklin, 2 Pa. Commw. 496
(1971)).
7 Academy Plaza Ass'n., Ltd. v. Board of Revision, 94 Pa. Commw. 517 (1986),
8 Yeager v. United Natural Gas Co., 197 Pa. Super. 25, 29 (1961) (citing Wise v. Cambridge Springs
Borough, .262 Pa 139, 142, 143 (1918)).
e Philadelphia v. Rohm & Haas Co., 5 Pa. Comm 287 (1972) (granting an appeal nunc pro tune
where the statue setting the deadline was relatively new, party was mislead by the wording of the statute,
and there was no precedent to guide counsel).
u
(IteL 62-5f201I Pub -260)
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COMMONWEALTH OF P NNSYLVANiA
CITATION NO.
C14 -
l. Malik/anal -District No.
TRA Fl CITATION
Dock ..
av
3. Ad s of 1.,terial Dis t Office • A
75- r 71rd A.1Cit ir . 1;1 4i //c fc e, .)16,› 0 PT (6, q I J •
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Driver Number.
..711 7.5-Y 73 '
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6. S te
ri PA
7. D. B.
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9, Defendant Name . Firstp..., d
Last
ie. Defendant Applilress akreet..Cire•State•Zip Code)
470r 0 rt...11. 7 t7 A ,::: -, 7, x... pi, 13y -
Ii. afi. Reg .12.ites
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13. State •
PA
14. Make
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Id. Color
Le. ) rr
17. Veh.eg RNo.
It eg. Yr.
_. State
LI PA
Matte
20. Mak
21. Typo
2.2 .oior
23, Owner/Lessee ae Carrier- Name & Address 0 Secwe as Defendant Not Puttered
ga 4 . . "r Ad j , , 4571,
• Charge
i
D Maxtnorn Speed Limits 0 Drivers Required to be Licensed L3 Careless Driving
28. S1A'WTEme
0 ORDINANCE
0 Stop Signs & Yield Signs 0 Registration A Certification of Title Required
D onviq Vehicle at Sale Speed 0 Unlawful Activities [3 Tral6c-Control Signals
0 Operation of Vehicle without OffiCali Certificate of Inspection
27. SEC.
28. SUB SEC.
0 Driving while Operating Pi-inteee is Suspended or Revoked
29. FINE'.
0 er CA'
X Other 'r i OZNi 1.,4•C...../ i......) /A/(r 5 ' "'VP....
30. E.M.'
-C2P-AlVt-
4) F 7,46,s Trt A- "r i • r...s
31. GENERAL
CJ
0 Radar 0 Clocked 0 A.O.V.
25. Nature of Offense
0 50.99thrig_--. MPH Auo..me ____ MPH 0 ESP D Vucar 0 Omer
-[..]
32. COSTS
7 -
Operated Vehicle with Expired Inspection F.:21 Operated Vehicle *adman -Valid License
0 Operated Vehicle with Suspended/Revoked License fl Operated Unregistered Vehicle
33. ).C.P.1k11.
10.00
0 via...a 67 Pa, Code Ref. 49 CFR
t
i I ,
D Other 5 L.) 6 w. IN P. ""1" V l'• ar,-•
34. TOTA
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Sus 4- I 3 A3-9 9/9/4 q'.23 gpo i 0 Hod on Info. Received
_._..
e err 12 / i / 2c., 13 0 L.66 Services Rogues -Led
Fires were doubted because: 0 Highway Safety Correia* 0 Active Wore Zone
....., . . _
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35. 1-°carion a,4 --rt 36:
u 7 i frel I
37. Route e
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39. gilds
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40. Dir. of T v
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41. Date
.
42. TIme
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43 • ..
44. Cowry
„ „...,,, ,.,,,,. e ..sts,...,1.
45. Code
alba .. ,
4 . 40
.r 9 Find
4 I v . at °' (acts set forth in this citation are ' e and correct to the best deny xnowledge, information
de aubtct to • e penalties of Section 4904 of the Crimes Code (18 Pa.CS. 5 4904) relating to unsworn
OFFICER'STLIP.EA/BADGE
V
I • 6frep<._e .41, 7 V O/
and belief. This verification is
falsif.cation to authorities
•.
,
49. Or Address of Police Officer'
,i,14 at . P e- 14-1 e - .
SO. l Number
.... Timing Device Operator
Aes Fol wi •
. illiesTimed
54. Secs, Timed
SL Speed buip SerIal No.
56, Soren Equip. Tested
57. Due Eq.*. Tested
58, Accident Report No.A..livtinsile
ry
d
911. Pare= Noae0 YES 0 NO
60. Cot,,,,,, Veh.
YES
. Has. Mat.
0 vss
62. Rernares/Subpoena List )
VI
z LE IV- E D Mt,g 03
NOTICE
If you plead guilty or are found guilty, points may be assessed against your driver's record.
An accumulation of points may result in the suspension of your driving privilege. Also, your driving privilege
WILL BE SUSPENDED if you plead guilty or are found guilty of certain offenses under the Vehicle Code, including
but not limited to: 75 Pa.C.S. § 1371;3341, 3345, 3l..32.1878733, 3734, 3736, subsequent convictions of 75
Pe.C.S. 1501, a violation of 75 Pa.C.S, § 3361 when occurring in an active work zone and an accident report
is submitted by the police, and a violation of 75 Va.C.S. § 3362 when occurrin9 in an active work zone.
AOPC 406-95 (Rev. 1 /20 'MAGISTERIAL DISTRICT JUDGE Cl
r- USE BALL POINT PRTHT & PRESS HARD
LICENSE NO. : 24758738
PAGE 2
PROOF OF INSURANCE
-Within 30 days of your ELIGIBILITY DATE, provide a copy of one of
the following to PENNDOT to show that all motor vehicles currently
registered in Pennsylvania in your name are insured;
*Insurance ID card
*Declaration page of your insurance policy
*Insurance Binder
*An application of insurance to the PA Auto Insurance Plan
If you do not own a motor vehicle currently registered in Pennsylvania,
send a signed statement of this fact to PENNDOT which reads "I do
not own any motor vehicles currently registered in Pennsylvania".
Please include your name, address - driver -is number and date
of birth on the ateme�
DRIVER'S LICENSE RETURN
-You are required to return any and all current PENNSYLVANIA driver's
license(s), learner's permit(s) and/or camera card(s) to PENNDOT.
If these are not in your possession, are expired, or you have never
been issued a PENNSYLVANIA driver's license, complete and return an
Acknowledgment Form (DL-16LC) to PENNDOT.
If you are an OUT OF STATE licensed driver or an OUT OF STATE resident
who has never been issued a driver's license, complete and return an
Acknowledgment Form (DL-16LC) to PENNDOT.
An Acknowledgment Form (DL-16LC) may be obtained at any PENNDOT
Driver's License Center. You may also write or call the address or
phone number at the end of this letter to obtain this form.
TERM SUSPENSION/REVOCATION
-You have a 3 MONTH(S) suspension/revocation that began
(or will begin) on 04/25/14. Refer to the DRIVER'S LICENSE RETURN
section in this letter for information on getting credit started
for serving this suspension/revocation. The suspension/revocation
is a result of 1532B, SUSPENSION.
U Oes WO\ Coon+y
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
HARRISBURG, PA 17123
04/07/14
RONNIE A WELLS DRIVER'S LICENSE NUMBER: 24758738
80 PINE TREE RD BIRTH DATE: 08/16/70
MANCHESTER PA 17345
Dear MR. WELLS :
This is a RESTORATION REQUIREMENTS—LETTER. It lists what you ---
must do to restore your driving privilege. PLEASE BE AWARE THAT
THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified
by the Department of Transportation (PENNDOT) that your driving
privilege has been restored. Only after that may you drive.
The date when you are eligible to have your driving privilege restored
has not been determined. To determine this ELIGIBILITY DATE, you
must resolve any issues listed in this letter as DRIVER'S LICENSE
RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, INDEFINITE RECALL,
and/or PRISON RELEASE REQUIREMENT.
Please read the following information carefully and be sure to
complete all requirements to have your driving privilege restored.
Unless another address is indicated, return any documents and/or
fees to the MAILING ADDRESS listed at the end of this letter.
RESTORATION FEE
-You must pay a $75.00 restoration fee to PENNDOT. Write your
driver's license number (listed above) on the check or money order
to ensure proper credit. Your check or money order should be made
payable to PENNDOT. Please note: Paying the restoration fee DOES NOT
satisfy the requirement to acknowledge your suspension/revocation.
If you have not acknowledged your suspension/revocation, please
follow the instructions listed under "Driver's License Return".
7
RONNY WELLS, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIIL ACTION—LAW
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION, BUREAU : 14 -:313
OF DRIVER LICENSING,
Respondent NO. -
IN RE: PETITION FOR LEAVE TO APPEAL
NUNC PRO TUNC FROM ORDER OF
GOVERNMENT AGENCY
ORDER OF COURT
AND NOW, this 20th day of June, 2014, upon consideration the Petition for Leave
To Appeal Nunc Pro Tunc from Order of Government Agency, a Rule is hereby issued
upon Respondent to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
(kv�- -61pa<
Chri tylee L. Peck, J.
�nny Wells
80 Pine Tree Road
Manchester, PA 17345 «
C=
Petitioner, pro Se -
� s C::� �.
Philip Bricknell, Esq.
Assistant Counsel
Department of Transportation
Motor Vehicle & Traffic Safety Sections
Office of Chief Counsel
1101 South Front Street
Harrisburg, PA 171014-2516
Attorney for Respondent
:rc
FACT SHEET
Involuntary Transfer of Ownership
of a Vehicle by Court Order
PURPOSE
This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving
the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be
used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a
Certificate of Title or .Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding
circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership
documents are not available should seek the advice of a private attorney. PennDOT WILL NOT OFFER
LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE.
PROCEDURES
1. A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of
competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle
will be determined by the court. Please note that a sample court order is provided on the reverse side of
this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS
COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING.
2. A person attempting to be declared owner of a vehicle by court order must notify all persons with an
interest in the vehicle of the pendency of the court proceeding. The notification must be sent by certified.
mail, return receipt requested, and must include the following:
(1) A specific description of the vehicle (i.e., year, make, model and VIN);
(2) The court of competent jurisdiction where an action will be or has been filed; and
(3) The time, date and place of any court proceeding.
AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS
PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE
RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHICLE
IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO
OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VEHICLE'S
COMPUTER RECORD BY COMPLETING FORM DL-135 (REQUEST FOR VEHICLE INFORMATION), AND
SUBMITTING TO PENNDOT ALONG WITH THE APPROPRIATE FEES.
July 2010 -over-
fpennsytvania
DEPARTMENT OF TRANSPORTATION
www.dmv.state.pa.us
3. In the event the notice sent to a person with an interest in the vehicle is returned as "Unclaimed,"
the person attempting to be declared owner of the vehicle must advertise a legal notice at least once
in the county legal journal(s) and at least once per week for three consecutive weeks in the
newspaper(s) of general circulation where any person known to claim an interest in the vehicle may
be located and where the vehicle is located, if these two locations are different. Please refer to the
Pennsylvania BarAssociation Lawyers Directory&Product Guide to determine the appropriate legal
journal. The advertisement should include the following:
(1) A specific description of the vehicle (i.e., year, make, model and VIN);
(2) The court of competent jurisdiction where an action will be or has been filed; and
(3) The time, date and place of any court proceeding.
4. When the above procedure is followed and the court of competent jurisdiction enters an order
declaring an individual the rightful owner of the vehicle, PennDOT may issue a Certificate of Title to
the person named in the court order upon receipt of the following:
(1) A certified copy of the court order entered declaring the individual owner of the vehicle;
(2) Form MV-1, "Application for Certificate of Title," and check or money order payable to the
Commonwealth of Pennsylvania.
(3) Appropriate sales tax, title and registration fees.
Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market
Value of the vehicle as listed in a current edition of a Penn'DOT-approved publication.Approved PennDOT
publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Official Used Car
Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide.
SAMPLE COURT ORDER
AND NOW, �
this day of 1120 , after reasonable notice
and an opportunity for hearing having been pro k' toall'interested parties, the Court hereby
awards ownership of one [year],
[make],,"\' el]; 'bearing vehicle identification number
to [name of applicant], and the right, title
and interest of any other person to `sa d,vetiide` is hereby extinguished. The Commonwealth of
Pennsylvania, DepartmentofTra sptation may accept this order as evidence of ownership in
lieu of a Certificate of Title. The-Petitioner shall submit the appropriate forms, taxes and fees and
comply with any other procedures of the Commonwealth of Pennsylvania, Department of
Transportation in order to receive the appropriate Certificate of Title for said vehicle.
BY THE COURT:
Judge
RONNY WELLS,
Petitioner
v.
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 14-3136 CIVIL TERM
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this 8.e2� day of 2014, upon consideration of the Petition
for Leave to Appeal Nunc Pro Tunc from Order f a Government Agency and the Response to
the Rule to Show Cause why that Petition should not be granted:
CD
LLJ
Petitioner's petition for leave to appeal nunc pro tunc from PennDOT's order
suspending his license is DENIED.
?OR AUG -8 PH 3: 4.7
a hearing on Petitioner's petition for leave to appeal nunc pro tunc from
PennDOT's order suspending his license to determine whether nunc pro tunc
relief is SCHEDULED for October 16, 2014, at 9:30 a.m. in Courtroom 5 of the
Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle,
Pennsylvania.
BY THE COURT
Judge
s
RONNY WELLS, : IN THE COURT OF
Petitioner : COMMON PLEAS OF
: CUMBERLAND COUNTY
•
v.
•
COMMONWEALTH OF PENNSYLVANIA, : NO. 14-3136 CIVIL TERM
DEPARTMENT OF TRANSPORTATION, •
BUREAU OF MOTOR VEHICLES, : APPEAL OF DRIVER
Respondent : LICENSE SUSPENSION
ORDER
AND NOW, this 16th day of October, 2014, the appeal filed in the above-
captioned matter is:
REMANDED to the Department of Transportation for
correction of its records.
DISMISSED and the suspension which is the basis of this
appeal shall be REINSTATED.
SUSTAINED and the suspension which is the basis of this
appeal shall be RESCINDED.
WITHDRAWN and the suspension which is the basis of this
appeal shall be REINSTATED.
CONTINUED and RESCHEDULED for the day of
, 20 , at .m., in Courtroom
t-) r.a -
Room No. of the Cumberland County Courth ,
rncoca _,
Carlisle, Pennsylvania. zm 4'f::
cn
Z, ab CDc
BY THE COURT: ca
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Attest: ��"1�/S` 7`r-h--CO a r-4/ A A j 7 z-/6'6
: S LiS we !i v�✓�GL /
i Ronny Wells, , Manchccter,-; '-73 -
Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
&dies Majeol r0/,"/,y
g