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King v. City of Philadelphia Bureau of Administrative Adjudication

Commonwealth Court of Pennsylvania

October 24, 2014

Tony Dphax King, Appellant
v.
City of Philadelphia Bureau of Administrative Adjudication

Submitted August 15, 2014

Appealed from No. October Term, 2012, No. 3822. Common Pleas Court of the County of Philadelphia. Ceisler, J.

Reginald Allen, Philadelphia, for appellant.

Steven C. Boc, Associate General Counsel, Philadelphia, for appellee.

BEFORE: HONORABLE DAN PELLEGRINI, President Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION

Page 1074

ROCHELLE S. FRIEDMAN, Senior Judge.

Tony Dphax King appeals from the April 16, 2013, order of the Court of Common Pleas of Philadelphia County (trial

Page 1075

court) that granted the motion to quash King's appeal, which was filed by the City of Philadelphia Bureau of Administrative Adjudication (BAA). We affirm.

Between March 2011 and May 2011, police officers for the City of Philadelphia issued King numerous parking tickets. On June 26, 2012, King, acting pro se, contested the tickets at a hearing before a BAA hearing examiner. The hearing examiner determined that King was liable for 17 tickets, which totaled $2,032. King requested an appeal hearing, alleging that the BAA examiner had incorrectly interpreted section 12-913 of The Philadelphia Code.[1]

The BAA granted King's appeal and scheduled a hearing for September 21, 2012. King submitted several exhibits and photographs in consideration of his appeal. However, King did not appear at the hearing. On October 9, 2012, the BAA issued a final determination upholding King's liability for all 17 parking tickets.

King appealed to the trial court, alleging that the BAA failed to adequately inform him of the hearing date, leading to his inability to attend. On November 28, 2012, the trial court issued a scheduling order requiring King to file his brief by March 4, 2013. On March 20, 2013, the BAA filed a motion to quash King's appeal pursuant to Pa. R.A.P. 123(a) and Pa. R.A.P. 2188 because King failed to comply with the trial court's scheduling order.[2]

On March 28, 2013, King filed a motion to extend the time for filing his brief, which the trial ...


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