HomeMy WebLinkAbout00-02570
, " -"C'....'---~, "
"
"I
_"_ ,-,""' "C.., ___k''''
,'. i- .-" ", '~',._, '.' ,I" ~',: -. --- . __ : -,-':,',;\- '_;;,1"; _~~ ': - - - - -" ,,-,'_' -,.,;.
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
July 26, 2000
Hon. Edgar B. Bayley
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
Re: Zappe Appeal
Dear Judge Bayley:
I am writing to enclose a time-stamped copy of the Praecipe to Withdraw Appeal
which I have filed in the Office of the Prothonotary. I have notified counsel for the
Pennsylvania Department of Transportation of my intention to withdraw the appeal
and will fax a time-stamped copy of the Praecipe to him today.
This appeal was scheduled for a hearing tomorrow, Thursday, July 27, 2000 at
10:15 a.m.
-~ ~
RGF / encs.
cc: George H. Kabusk, Esquire
Dept. of Transportation, Office of the Chief Counsel
1101 South Front Street
Harrisburg, P A 17104-2516
~
I..,
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT:
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 00-2570 CIVIL TERM
r'
o
C.
:2:
-r'\;:::-;:-
/'llfl:;
Z-'c;
9~~.
et:.
~>~
)>s:
::~
-<
'-
..~_.~
(::J
C""")
STEPHANIE J. ZAPPE
-"'.)
C'\
:fJ
PREAECIPE TO WITHDRAW APPEAL
':....)
f,,-:
>
:::0
-<
Please withdraw the Appeal of the Appellant, Stephanie 1. Zappe, with prejudice
to her appeal.
J.
Robert G. Frey
Attorney for Appellant
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
STEPHANIE J ZAPPE
(717) '728-9782
36 VlLI.AGB COURT
MECHANICSBURG, PA 17055
. - co...lL~J. 0...\:'0 LL t 6ov.ne..,;:J
~ told. :)ec. cu€.. ne '€.d
C1. / fRO rn \'Y\ R f"~ ~ 0lZ.
Co.sh J~'" DetT
~
1'1:"
~
-,=-,,^ ,". --, "'-)
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT:
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 00-2570 CIVIL TERM
STEPHANIE J. ZAPPE
ORDER
AND NOW, this I~ day of July, 2000, on Motion of the Appellant and
without objection of the Appellee, hearing on the above captioned appeal shall be held on
the 27"' day of July, 2000 in Court Room number 2, of the Cumberland County
Courthouse at Carlisle, Pennsylvania, at 10: 15 A.M.
BY THE COURT,
By:
Edgar B. Bayley, 1.
~aF
7 -I q-O
RXS
-
f\;j~i}-.(;.\:T-jCt:
Of )_" ~ .J,,:"y,\)TI\K1
C\JM'&hLiNG CQUNTY
pE.t~NSYL\J,liNiA
i
.
I
f
GO J\JL \ <} Pt\ 3: 7.4
l'
,
,
I
r
f
I
r
!
i
I
I
f
r.'
~:-
i
I.
I
f
'.
I
,.
,
'c
."1
I
I
I
I
I
,
I
APR 2 6 2000Et7
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
STEPHANIE J. ZAPPE
NO. 00. c2S"10 CIVIL TERM
ORDER
AND NOW, this Ol~tl-. day of ~AAJl ' 2000, upon consideration ofthe within
Petition, appeal is allowed from the action of the Bureau of Traffic Safety, Commonwealth of
Pennsylvania, to the Court of Cornmon Pleas of Cumberland County, Pennsylvania, in the matter of
the within Suspension of Operating Privileges.
This proceeding shall act as a supersedeas pending final hearing and Decree.
Hearing shall be held on the ;{/p-U day of r ,2000, in Court Room
<1 ,of the Cumberland County Courthouse at Carlisle, Pennsylvania., at ;2: 30
P.M.
By:
J.
&pwJ
.:5- c2-dO
Kk3
!;~II-;WUIli!!llllWD1Ii1)HiHll!li!1ll1.I,lilimlfr<illl2"i"e!IIM.~~Iil!",_~'~~J"''''""f,--'''MI.wI,,;.1mi_~Jmlil---IiIl"_--'
'-(:'1 " {j1
6/.; ';:)~J~;i:5~~~~y
.,~{,
<(;1
~'>","~,
"-t../-::/
--: ~'>'-
'<':'
, ~-)
"
<,,~,
~~~ ..
~'" .
ll"oJ!liIL_
.
~
i
.
. .
~. .
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 00- ;l.57() CIVIL TERM
STEPHANIE J. ZAPPE
APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES
PURSUANT TO SECTION 1550 OF THE MOTOR VEHICLE CODE
AND NOW, comes Stephanie J. Zappe., by and through her attorney, Robert G. Frey, and
respectfuIly states as follows:
1. The Petitioner is Stephanie J. Zappe, an adult individual sui juris, residing in
Cumberland County, Pennsylvania and having a mailing address of 36 Village Court,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Respondent is the Commonwealth of Pennsylvania, Department of Transportation,
having all address of Department of Transportation, Bureau of Motor Vehicles, Third Floor,
Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516.
3. The Petitioner is a licensed driver in the Commonwealth of Pennsylvania.
4. Respondent sent to Petitioner on March 26, 2000 notice that Petitioner's vehicle
registration privilege would be suspended for a violation of Section 1786( d) of the Motor Vehicle
Code. A copy of said notice is attached hereto as Exhibit "A' and is incorporated herein by
reference.
5. The Notice of Respondent states that Petitioner's insurance lapsed on January 13, 2000.
6. Petitioner received notification from her insurer that her insurance coverage would be
canceled if payment of premium was not made by January 13, 2000. Attached hereto and
incorporated herein by reference as Exhibit "B" is a copy of said notification.
7. Petitioner mailed her premium payment in compliance with the notification of her
insurer OIl or before January 13, 2000.
8. Based on her compliance with the terms of the notification, Petitioner believed that her
insurance coverage had continued and was not canceled.
9. Petitioner first received notice that her insurance had been canceled by letter dated
Friday, February II, 2000. Said notice was not received by Petitioner until approximately
Monday, February 14,2000,32 days after the alleged lapse in coverage. Attached hereto and
_.1)
,.,
,,;,'
,.
-.E.II
incorporated herein by reference as Exhibit "C" is a copy of said letter.
10. Petitioner acted promptly to secure insurance coverage after receiving notice that the
insurance had been canceled, obtaining insurance coverage for her automobile on February 17,
2000. Attached hereto and incorporated herein by reference as Exhibit "D" is a copy of
confIrmation of coverage.
11. Petitioner did not operate her motor vehicle, or allow any other person to operate the
motor vehicle, at any time during the alleged lapse in coverage for the reason that the automobile
had been involved in an accident and was in the possession of the repair garage during the entire
period of alleged lapse. Attached hereto and incorporated herein by reference as Exhibit "E" is an
affIdavit signed by Petitioner as to operation of the Motor Vehicle.
12. Petitioner's lapse in coverage was for a period of no more than 4 days from when she
received notification that her insurance had been canceled. Therefore, the lapse in financial
responsibility was for a period of less than 31 days, during which time the automobile was not
operated by any individuals.
13. The action of the Commonwealth of Pennsylvania, acting through the Department of
Transportation, in suspending the operating privileges of Petitioner was in error and should be
reversed as authorized by Section 1786(d) of the Motor Vehicle Code (75 Pa. C.S.A. ~1786(d)).
WHEREFORE, Petitioner requests your Honorable Court to review and reverse the action
taken by the Commonwealth of Pennsylvania, acting through the Department of Transportation, in
suspending the operating privileges of Petitioner as authorized by Section 1550 of the Motor
Vehicle Code (75 Pa. C.S.A. ~1550).
Respectfully submitted,
r-;--~
Robert G. Frey
Attorney for Petitioner
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
,
~'-'
'''>:11
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn
falsification to authorities.
Dated: Apri125, 2000
~~~AT oq 70. PfLL
Stephani J. appe
,J..
"~"t,.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
OFFICIAL NOTICE
MAIL DATE: 03/26/00
STEPHANIE J ZAPPE
36 VILLAGE CT
MECHANICSBURG, PA 17055
Information
Pennsylvania
Ont of State
TOO Pennsylvania
TOO Ollt of State
(7:00 Al"J[ to 9:00 PM)
800-932-4600
717-391-6190
800-228-0676
717-391-6191
Dear Motorist:
I
\Ve have enclosed a self-addressed envelope for IIse whclI corresponding and a mailing label to assist with thc retllrn
of YOllr registration platc and card.
Y 011 have the right to appeal this suspension to the COllrt of Common Pleas of the connty of your residcnee within
thirty (30) days of the .Iate of this notice. Sending a "upy to this I)epartment of a timely, filed al'peal will stay the
I)epartment's aelion pending a final deeision by the conrt. The copy mllst be sent by certified mail to:
PENNSYLVANIA I)EPARTMENT OF TRANSPORTATIOl'~, OFFICE OF CHIEF COUNSEL, THIRI)
FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516.
"
i_,/
.....-",-"
)
.-'-'
,,"l "A"
/-?
. /
~</'.
'-;r-
I
,
.;.., ~
i-'.l'v'E1
INSURED COPY
NOTICE OF PAYMENT DUE
PROGRESSIVE DIRECT
PD SOX 94993
CLEVELAND OH 44101
PROORHm.
PROGRESSIVE NORTHERN INSURANCE COMPAN.
24 Hour Pol tcy Service , -800-888-7..
24 HOUR 81LLING INQUIRV 1-800-999-87'
24 HOUR CLAIMS SERVICE '-800-274-449.
0lC94598
CANCELLATION
POLICY NUMBER
AU 60010958-0
01024
',.,111."111",.1.1"1.'./,1"."1',",,.11.,,,11,.11..,,,III
STEPHANIE J ZAPPE
3b VILLAGE CT
MECHANICSBURG PA 17055
INOEPTION DATE
11/16/99
NOTIOE DATE
12/27/89
DUE OATE
MJNlllAUM PAVMENT
01/13/00
$226.81
UNPAID BALAr.iCE
H3 05 $1,812.48
TO CHARGE YOUR PAYMENT ON YISA DR MASTERCARD, SEE THE BACK FOR DETAILS
CANCELLATION WILL TAKE EFFECT 01/13/00 12:01 A.M.
yOU ARE HEREBY NOTIFIED THAT THE ABOVE MENTIONED POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM. THIS MEANS THAT THE ABOVE MENTIONED POLICY WILL NO LONGER
BE IN FORCE ON THE CANCELLATION OR TERMINATION DATE MENTIONED ABOVE. YOU HAVE,
THEREFDRE, 15 DAYS FROM THE DATE OF MAILING TO GET NEW COVERAGE. IF PAYMENT IS
RECEIVED BEFORE THE CANCELLATION DATE TO THIS COI'iIPANY, OR AN AUTHORIZED AGENT OR
8ROKER, COVERAGE WILL CONTINUE. IF PAYMENT IS NOT RECEIVED, A Bill FOR THE PREMIUM
EARNED TO TIME OF CANCELLATION WILL BE FORWARDED IN DUE COURSE. THE AMOUNT OF
GROSS PREMIUM DUE IS $1,312.48 . IF YOU HAVE ALREADY MADE PAYMENT OF
PREMIUM DUE OR WILL MAKE PAYMENT WITHIN 15 DAYS AFTER THE MAILING DATE OF THIS
NOTICE, PLEASE CONTACT THIS COMPANY OR YOUR AGENT OR BROKER 1M MEDIA TEL Y.
(CONTINUED ON RI:.Ii..oi1::... flOE)
"IAEV1CUS PAYMENTS CREDITS SERVICE OR l,o..'TE: ADDITlQNAlAND.IQR UNPAID MINiMUM
BALANce F1ECEI\lr:'C INTERESTCHG C.-lARQES CURRENT TE!lM CHGS BALANCE PA'r'MENT
<1 812.48 <22B.81
INSURED:
DETACH 80TTOM PORTION AND RET~RN WITI! PAY~ENT IN ENCLOSED ENVELOPE. PMNE'''7.''S'.''''7PCI
STEPHANIE u ZAPPE POLICY NUMBER
36 VILLAGE CT AU 60010958-0
MECHANICSBLlRG PA. 1705S
CANCELLATION
IN~~~12~.';,ATE
N,'?,TlCE DATE
AGENT;
PROGRESSIVE DIRECT
PO BOX 84883
CLEVELAND OH 44101
OIC84588
$226.81
DUE DAl"E
MlNIMLIM P..~,\iMc.t-.lT
01/13/00
1,"I1I.ll",III,,,i1l...Il11,,,II,,,,lll,li,I,,II,,,I,1!1I1
PROGRESSIVE
PO BOX 7247-0311
PHILADELPHIA PA 19170-0001
r.z
OR
UNPAID BALANCE
$1,812.48
PLEASE MAKE THE GHE:Gt .\YABLE TO PROGRESSIVE
R8D9'0 NE H3 04
DO NOT WRITE BELOW THIS SECTION OF COUPON
0311bOD10958037059
.blmm' .",
0022b81 0181248 0000000
0000000 0087111b9907
d'l _ ,__ _ _. _'I
PROGRESSIVE DIRECT
PO BOX 94983
CLEVELANO OH
44101
03189
1,"111".111..,.1.1..1.1.,.1,11..11,11,..11.,"11,,11..,11111
STEPHANIE J ZAPPE
36 VILLAGE CT
MECHANICSBURG PA 17055
J~
DATE 02/11/00
POLICY NUMBER AA 60010958-0
INSURED STEPHANIE J ZAPPE
DEAR STEPHANIE u ZAPPE,
YOUR PAYMENT WAS NOT RECEIVED IN T1ME TO REINSTATE YOUR POLICY.
THEREFORE. YOUR POLICY REMAINS CANCELED PER OUR CANCELLATION
NOTICE.
YOUR PAYMENT WILL BE APPLIED TO ANY UNPAID BALANCE ON YOUR
CANCELED POLICY. ANY REMAINING CREDIT WILL BE RETURNED TO
YOU.
PLEASE CONTACT YOUR AGENT TO OBTAIN INSURANCE CDVERAGE.
PLEASE CONTACT PROGRESSIVE POLICY SERVIC" AT TI;E PHONE NUMBER LISTED
BELOW WITH QUESTIONS OR ANY REQUESTED INfORMATION.
THANK YOU.
ACCOUNTING SERVICES
PROGRESSIVE POLICY SERVICE
P.O. BOX 94625
CLEVELAND OH 44101
24 HOUR POLICY SERVICE: 1-800-888-7764
FAX: 1-800-229-1590
Ie 84588 37 04 HMO N M
/\&cpl'
G\\OtD~ 0 ...-
I (1f\eY ~ D\~r(f aI' \.9' LPP
0u:'^1SSILF.<J ')'1 ,,;)
j}\~':rrf01 \'-tVV -1(\' ~SVO
(5J 6~ <;.S
,-,
. ,~. '-'".;.i
PROIJREJJJVE"
~
~ JJ
"- ~J
~~ ~ ~~
Form No. 8119 (02.88)
INSURED ORIGINAL
PMNE0507992505ACCIOA 1
.'-c'
nM
~~ < -~
,~
.
PROGRESSIVE NORTHEAST OIVISION - PA
PO BOX 94993
CLEVELANO OH 44101-8973
PROGREIIIVE@
Quote No. 600258144
February 17, 2000
00156
1,..111...111"..1.1"1,1.1.1",..11.11..,11,,..11,.11.,.,.111
STEPHANIE J ZAPPE
36 VILLAGE CT
MECHANICSBURG PA 17055-9166
Dear MS. ZAPPE
Thank you for calling Progressive. We are very pleased to have you as our new customer.
We received your DOWN payment for $ 354.58 from your CREDIT CARD . Your new automobile insurance
policy is effective 02/17/00 at 10:45PM EST. The policy number is 60460221-0
The enclosed documents are required to be signed and returned to us within 5 calendar
days. Failure to complete this process could result in an increase of your insurance
premium or cancellation of this insurance policy.
To complete your insurance purchase, please follow the steps below:
- Review the encioBed appiicaiion.
'..-' .~~..
- Complete and sign all shaded areas.
- Mail your signed application to us in the enclosed postage Pflicf~nvelope.
r.
~ ~
Within 7 - 10 business days, after you have completed the above steps, you will receive the following important
. documentation: '
- Your contract, detailing the coverage and conditions of your automobile insurance policy.
- Your declaration page, confirming the coverage you have selected and the vehicles to be insured.
- Your Progressive Gold Card for Immediate Response" claims service information.
We are pleased to have you as a Progressive policyholder. Please feel free to call us 24 hours a day, 7 days a week,
for assistance. Have your policy number readily available.
Claim Service:
Policy Service:
1-800-274-4499
1-800-888-7764
For Assistance, Call: 1-800-AUTOPRO @
(1-800-288-6776)
...,. "0"
ZZ.AU.L TR.C.FR
, .
L__'
.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 00-
CIVIL TERM
STEPHANIE J. ZAPPE
AFFIDAVIT
Stephanie 1. Zappe, being duly sworn according to law, deposes and says that:
1. She is the Petitioner in the above-captioned action.
2. She is the owner of the automobile with Vehicle I.D. No. 3FKP1l3XXR1l6681, Title
No. 53354622, Tag No. PZD233C.
3. During the period from January 13, 2000 through February 17, 2000, the automobile
was not operated by her nor did she permit others to operate it for the reason that it was located in a
repair garage as a result of an automobile accident.
~~Jj)ct.~
Stephanie J. appe
Sworn to and Subscribed before me
this 25th day of April, 2000
~ ,<Jr..
~ ~~.
NOTARIALB_
ROBERT G. FREY, NOTARYPUBUC
CARLlSiJ!, CUMIlEIlLANO COUNTY, PA
MY COMMISSION ElCPRIREB JUNE 3, 2002
EXHIBiT "'E""
~&iI_Ii~liliJlil1IhM_~di!!li"IIJ;;~~li1liIliiIOW~!FIi!';C-\i~"H""U<';';'M~"",j.j"h.lL~o:~~.&1m:ai~IfIlIiI
".'
~
\:k
-..0
~ ~
'" '-1::.
mo"'IllI'''''.="......
l<J
~ ~
a
~
~,
9 B
I
~~
~
,o-n'
~':-:-' i-
e;-)
-,
~;.~
~.J-; ,-- .
~~(~;
c.
'-'
~
=<
"
F
.
'::)
L.:'
:.:::-r>
---~~
"
<,
.,'
,.
" ., ~'-(1
;-...)
c::
'-n
~.."\:':J
'Jl
,,'9
7.;:]
=<
--'0
<J-~q
:--,:,;;1
,.....-.J
I,
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT:
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 00-2570 CIVIL TERM
STEPHANIE J. ZAPPE
PREAECIPE TO WITHDRAW APPEAL
Please withdraw the Appeal of the Appellant, Stephanie J. Zappe, with prejudice
to her appeal.
J.
Robert G. Frey
Attorney for Appellant
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
iillW!dliaO'~ ' ~ifilll6iJ_61li(~~~l<Ii<!lll,""..<",u.,"";.ili,"",c,,!jIli~~llli!'&I~P'.
IJ!!lr _ ~_ ~
~-'" ~
~, ~,
~ ,~>
Ilf"~
-- ..'.~.."._-
~~<~--
~"
o
c:
::;:'~
~ff~
71-
(7),>
~
c:
5;,_
Z~:---'-'
:':>C~'
2~
-~!
-<
-
c:,
C::1
<:...
,--
I::;;::
r0
cr,
n
. ,
- j ~
;;.:1
'j"
'--1
'T'
~;.:
~,
;~A ~~:~
::;:1
_.~.~
-T--.
=<
"",,,
._~,..
:v
Iv