IN THE COMMONWEALTH COURT OF PENNSYLVANIA In the Matter of Petition to Establish : Birth Facts of James Percell Harris : : Appeal of: Department of : No. 1195 C.D. 2021 Transportation : Argued: November 14, 2022 BEFORE: HONORABLE ANNE E. COVEY, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE COVEY FILED: March 27, 2023 The Department of Transportation (DOT) appeals from the Philadelphia County Common Pleas Court’s (trial court) October 20, 2021 decree (October 20 Decree) that established birth facts for James Percell Harris (Harris). The sole issue before this Court is whether the trial court violated the separation of powers doctrine by directing that DOT treat its October 20 Decree as the equivalent of a birth certificate so that Harris can obtain a REAL ID driver’s license or identification card (ID), or a non-REAL ID driver’s license or ID. After review, this Court reverses in part and affirms in part. On May 6, 2021, Harris filed a Petition to Establish Birth Facts (Petition) in the trial court. Therein, he alleged: [Harris], by and through his undersigned counsel [(Counsel)], hereby petitions the [trial c]ourt for a [d]ecree establishing his birth facts for the purpose of obtaining a Pennsylvania [ID] and a delayed birth certificate. In support of his [P]etition, [Harris] avers as follows: 1. [Harris], an indigent, 77-year-old resident of this county, was born on December 25, 1943[,] to Rosalee Sims and Charles Edward Harris in Rice, Prince Edward County, Virginia. 2. [Harris] seeks to establish his birth facts by this [P]etition. 3. [Harris] has an immediate need for proof of his birth facts in order to procure a government photo ID, [to] qualify for government assistance, [to] engage in banking transactions and [to] enter government buildings and airports, among other things. 4. No birth certificate was issued upon [Harris’s] birth. 5. [Harris’s] mother, Rosalee Sims, gave birth at her sister’s Rice, Virginia home. [Harris] was delivered by a midwife. For reasons unknown to [Harris], his birth was never registered with the state of Virginia, and Virginia has no record of his birth. A true and correct copy of the Virginia acknowledgement that no such record is on file is attached hereto as Exhibit 1. 6. [Harris] has resided in Pennsylvania for more than six decades. His previous Philadelphia addresses included [sic] 3724 Dover Street, 3527 N. 15th Street, 1712 Peach Street[,] and 1610 W. Lehigh Avenue. From January 2018 through the present, he has resided at 1916 Berkshire Street, Apt. 2, Philadelphia, PA 19124. 7. The Social Security Administration issued a social security number and social security card[1] to [Harris] at a time when no birth certificate was required for the issuance of a social security card. 8. The Social Security Administration acknowledges [Harris’s] birthdate as December 25, 1943, as shown in the correspondence attached hereto as Exhibit 2. 9. The Philadelphia Board of Elections likewise acknowledges [Harris’s] birthdate, as shown on the voter registration certificate attached …
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