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Home My WebLink About00-08281 -['ft'! ~'I!rollIi_., fIB 1 6 20?R BARBARA A. McCLINTOCK, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000 - 8281 CIVIL TERM Commonwealth of Pennsylvania Department of Transportation, Respondent : APPEAL FROM VEHICLE REGISTRATION : SUSPENSION ORDER AND NOW, this ~ J STday of February, 2001 d t' f B b ~ , upon consi era IOn 0 ar ara McClintock's Motion for a Continuance, said Motion is hereby granted. The Appeal hearing scheduled for February 9, 2001, at 1:00 p.m. is continued until June 1, 2001 at 8:30 a.m., Courtroom # 5 at the Cumberland County Courthouse, Carlisle, P A. This hearing has been continued at the request of the Petitioner, Barbara McClintock. The Department of Transportation does not oppose the continuance. The Prothonotary is directed forthwith to notify the Department of Transportation of the new hearing date. By the Court, 1. cc: James 1. Kayer, Esq. Attorney for Petitioner George Kabusk, Esq. Attorney for Respondent ~~OU O;'-:U.Ol ~XS c: " , ii " !"~ ~"" !iIJiIIII1' 1. ~, '~'", '-,,-> ~"" ""' -, "0 '~' ,"," __ ., ~~ "'~ , .. ,-,,""'" ,~ ~, " - , F'-') ,- Lli )l/JiY :l!i 8: :::6 C'UV'< -, I.., ,-i'll J,\I-tV 1\';:_,,-,; .'_.1 "\.,, \_,\..~,. ~ ! PENh!SYl~v~!',NiA 1II_'5\..:l;!~:~ ~"~,i#l'~';"'!'''"W'''~~Wim'!~,-",",~'''",-;l'!~l~'Fn J!l!iJili~ 1!ll''1J,iii'\~>#7~'V,'''''';'''~'-'f'~:,'"'''')';.''\''':'''' H'i~::. -T'~~~Il'l""l'I1-fffilllj!!!-"il!f:f*, "'~ir,;~['1'""j(!I1l:O'11j{~,Vi'J:>>~~!!li!:1 ". ~~ ' I ..,. "-,,,I,:'; " BARBARA A. McCLINTOCK, Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 8281 CIVIL TERM Commonwealth of Pennsylvania Department of Transportation, Respondent : APPEAL FROM VEHICLE REGISTRATION : SUSPENSION MOTION FOR CONTINUANCE COMES NOW, Barbara McClintock, by and through her counsel, James J. Kayer, Esq., and who does hereby aver as follows: I. Barbara McClintock has filed an appeal of her registration suspension and said appeal was to be heard before the court on February 9, 2001 at 1:00 p.m. 2. The subject of the appeal is the appropriateness of notice that Barbara McClintock's insurance company provided her concerning termination of coverage. 3. Coincidental to this appeal, Barbara McClintock is pursuing a complaint wit the insurance commission regarding the issue of notice. 4. No resolution has occurred with regard to Barbara McClintock's complaint before the insurance commission. 5. For these reasons, Barbara McClintock seeks a continuance for the February 9, 2001 hearing an appeal on the intended suspension of her automobile registration. 6. George Kabusk, Esq., counsel for the Pennsylvania Department of Transportation has been advised of Barbara McClintock's intention to move for continuance and has concurred in this request. " ~.ciw~'"' .,' ."<","j,:",I. """, VERIFICATION I, James J. Kayer, Esq., am the attorney for Barbara McClintock, and being duly affirmed according to law, depose and say that the facts set for the in the foregoing Motion For Continuance are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date: --z-.!t jf 0 , 4 East Lib y Avenue Carlisle PA 17013 (717) 243-7922 Court I.D. # 50838 "",-- ' " ' I'" _ "',,,-,,--,,,i,,j,,__ '''', "",< WHEREFORE, Barbara McClintock requests this Honorable Court to continue the hearing for February 9, 2001 until June 1,2001 at 8:30 a.m. Respectfully submitted, Esquire Date: ~!(3/ol '" ,J,< .I.~, ~ ,< '~ ~~ CERTIFICATE OF CONCURRENCE The undersigned confirms that he has advised the following counsel ofthe facts and issues presented in the attached Motion for Continuance and that each individual below has concurred of the f1ling of the within Petition. George Kabusk, Esq., Attorney for the Respondent, Department of Transportation J Date: February 12,2001 - .- I 1-,: [~ "lii'~' CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Motion for Continuance was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: George Kabusk, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor River Front Office Center Harrisburg, PA 17104-2516 Date 7(1)/61 ~,~"", " 'l_ J j. =' ~F ;jj" I)L-326 (9/95) CERTIFICATION DATE: December 13, 2000 I hereby certify that Kurt Myers, Director of the Bureau of Motor Vehicles of the Pennsylvania Department of Transportation, is the legal custodian of the Motor Vehicle records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, he has legal custody of the original or microfilm records, which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ;L}/~ '~.. BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Facsimile Copy of Official Notice of suspension dated & mailed 10/27/00, effective 12/01/00; 2) Electronic Transmission from GEICO INDEMNITY COMPANY, certifying the termination of insurance on September 2, 2000, and 3) Computer Printout of Vehicle Inquiry Detail by Title screen from the Department of Transportation's records for a 1986 Dodge Sedan, with title number 43434816, license plate number BZA2904 owned by BARBARA A. MCCLlTOCK, with a registration expiration date of June 2001. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, PL. 586, as amended, 42 Pacs ~~6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. ~~ SEAL KURT MYERS, DIRECTOR BUREAU OF MOTOR VEHICLES COMMONWEALTH'S EXHIBIT I 6- \ - 0\ Ll'-T ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES P.O. BOX 68674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAIL DATE: 10/27/00 BARBARA A. MCCLITOCK 127 LONG RD NEWVILLE, PA 17241 Information Pennsylvania Out of State TDD Pennsylvania Out of State (7:00 AM to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 717- 391-6191 Dear Motorist: "'-L~:"'" . !::::::.:::' ..., , . . ".',.'",.",. ,. "'~ We have enclosed a self~addressed envelope for use when corresponding and a mailing label to assist with the return of your registration plate and card. You have the right to appeal this snspenslon to the Conrt of Common Pleas of the county of yonr residence within thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, med appeal will stay the Department's action pending a final decision by the conrt. The copy'must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. *l - .. ~~ Director Bureau of Motor Vehicles Department of Transportation J L L . H, ~,,', "1 !,I II 'I " " II 1'1 II " :1 ,I 'I II I! . ~7604~00 2sC04604 -". -'--j ~'-~J SUSPENSION INQUIRY DETAIL1 ----END OF LIST---- TITLE SOURCE STATUS 43434816 CA CANCEL A ACTIVE STOP CODE DETERMINATION DATE: SUSP NOTICE SENT SUSP EFFECT DATE ORIG SUSP EFF DATE: CREDIT DATE TERM ELIGIBILITY DATE RESCIND NOTICE DT SEGMENT CLOSED OFFENSE DATE CONVICTION DATE CASE/CITATION NO COURT NUMBER DOCKET NUMBER COST: .00 F 09/02/00 10/20/00 12/01/00 003M PEN 17-LIST OWNER MCCLITOCK,BARBARA A AUTH CODE 1786D VIOL CODE INS REQUESTED: 10/11/00 AFFID REQUEST: AFFIDAVIT PRV INS CO CD: 22055 1786E PREV INS CO PREV POL NO TERM REASON FR REQUIRED IF INDICATOR RESPONSE DATE: TYPE OF PROOF: INS CO CODE INS CO NAME INS POL NO INS EFF DT MAINT TYPE .00 EST WID GEICO INDEMNITY COMPANY 1 NON PYMNT Y NEEDED INS EXP DT: REINST IND: 002849999033417001 15-RETURN i1td-- .~ E75Q7~00 2MV07501 '-I 1..[ '" ,~ W~ fWJ VEHICLE INQUIRY DETAIL BY TITLE A0730303 12/13/00 OWNER BARBARA A MCCLITOCK 127 LONG RD NEWVILLE PA 17241 LESSEE Lessee: 000 Ckdt: MC carrier: Reg DUPS: MAKE: DODGE Tag Tp: Model: 600 P Tag: Year: 1986 Tag Color Body: SDN Reg Pro: VIN: IB3BV51D3GG158845 Dealer Junk: Title: 43434816 5 Tl seq: 04 Tl Dt: 09/28/90 Tl DUP: Non pa Tl: Tag: Exp Dt: Rg Fee: Axle Tx: Pry Rn: A/e: unclaimed: stolen veh Dt: Stolen Tag Dt: van: Renew WID: 00180 1105 000716 001 Stops: F 21-IMINFO 16-NOTEPAD ARP: Flt: BZA2904 GVW: 06/01 GCWT: 36.00 unl Wt: .00 Axles: 07/20/99 GVWR: GCWR: 01 AWR: BXB7790 code: B class: 00 Equip NO: Est. WID: 90263 0020 003145 001 22-DETAIL2 18-LIENINFO 19-WIDHIST *~ 15-RETURN vs. NOV 2 9 ~ . . l\) : IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY, PENNSYLVANIA : No~-~;2~~IL TERM BARBARA A. McCLINTOCK, Petitioner Commonwealth of Pennsylvania Department of Transportation, Respondent : APPEAL FROM VEHICLE REGISTRA nON : SUSPENSION ORDER FOR HEARING AND NOW, this L/~ day of ~ , 2000, upon consideration of the Petition of Barbara A. McClintock for an appeal of an Order of the Department of Transportation suspending the Petitioner's vehicle registration, a hearing de novo is granted to detern1ine whether the action of the Department of Transportation in suspending the Petitioner's vehicle registration should be set aside. A supersedeas is ordered by this Court until a hearing on the above matter is fixed. Said Hearing shall be scheduled for the tttA o'clock I. m. in Court Room No. .5 day of ~lIJft4. 2001 at a.f>>/ /:od at the Cumberland County Courthouse, Carlisle, Pennsylvania The Prothonotary is directed forthwith to notify the Department of Transportation of the appeal, supersedeas and the hearing date. Department of Transportation .u1lW4 d E. G,'tI~ J. lap:.r\~ 1~'4'OO p-.K:5 cc: James J. Kayer, Esquire Attorney for Plaintiff/Petitioner II . -I I ~ -~i BARBARA A. McCLINTOCK, Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ~;l.gl : NO. #fl' CIVIL TERM Commonwealth of Pennsylvania Department of Transportation, Respondent : APPEAL FROM VEHICLE REGISTRA nON : SUSPENSION PETITION FOR APPEAL TO VEHICLE REGISTRATION SUSPENSION BY PENNSYLVANIA DEPARTMENT OF TRANSPORTATION COMES NOW, Barbara A. McClintock, by and through her counsel, James J. Kayer, Esquire who respectfully petitions the court pursuant to 75 Pa. C.S. Section 1550 for a review of an order of the Department of Transportation suspending the Petitioner's vehicle registration privilege and in support thereof represents as follows: 1. Petitioner, Barbara A. McClintock, is an adult individual residing 127 Long Road, Newville, Pennsylvania.. 2. Petitioner is the owner of a 1986 Dodge 600 two door coupe, VIN #IB3BV5ID3GG158845, Title # 43434816 and Pennsylvania Tag #BZA2904. 3. On or about October 27,2000, the Department of Transportation notified the Petitioner in writing, of an Order suspending her vehicle registration privilege for the following reason as set forth: a. Pursuant to Section 1786(d) of the Vehicle Code, a three (3) month suspension was issued for failure to maintain motor vehicle insurance. 4. Petitioner purchased car insurance from GEICO, said policy was to be effective from 6/27/00 until 11/27/00. 5. Payments were to be made to GEICO on a monthly basis and each'payment was due on the 2nd of each month. ..:. i- , I' 1,- I ~, I, ~ ~l , . 6. On September 2, 2000, a payment was due to GEICO. Petitioner paid this payment on September 15, 2000. 7. GEICO insurance deposited Petitioner's check as confIrmed by the cancelled check that was received by the Petitioner.. 8. Petitioner received no notice of cancellation of her insurance policy until she received a notice from GEICO dated September 26, 2000, a copy of which is attached hereto, incorporated herewith and designated as Exhibit A.. 9. Upon receiving notice of this cancellation, Petitioner obtained new insurance on the vehicle through State Fann Insurance, with an effective date of October 6, 2000.. 10. Only after forwarding the cancellation notice and after Petitioner obtained new insurance did GEICO refund to the petitioner her policy premium that she paid on September 15, 2000. II. GEICO provided no notice of its intention to cancel insurance or of an actual cancellation of coverage to the Petitioner until September 26, 2000 and at no time informed the Petitioner of her obligation to obtain insurance within 30 days of the effective date of cancellation of September 2, 2000. 12. Petitioner's failure to comply with Section 1786( d) was caused entirely by the GEICO Insurance Company's failure to provide her with notice of the effective date of termination and the remedial steps necessary for the Petitioner to take in order to remain in full compliance with the law. ~'._I I: i. .j.;, ,,"" . , WHEREFORE, the Petitioner respectfully requests this Honorable Court to set this matter down forthwith for a hearing pursuant to 75 Pa. C.S, Section 1550. The Petitioner further requests that this Honorable Court issue a supersedeas with regard to the vehicle registration suspension until such time as a hearing before the Honorable Court is scheduled. Respectfully submitted, Date: It! Z 7 (CJc) GEliCa , " ,.,' olo,' I!JIiID] . . ~:L I~ _ _ _ , , f- I-HOlJ-li4 1 <IlJOlJ ,,;f!, -), zD / \" ,,'2, "",.\; ,~. 'I' \lV ~ IJ /< ',,6- I .f I vJ' 'f 0 i0;! ;y " '" -Ie,- ~~' BARBARA A MCCLINTOCK 127 LONG RD NEWVILLE PA 17241-9309 . ("'\"'I'JIIIP'111.L1lfld'J\"''':'< Ilhid',I])! I' (:'\11111,111\ . l;I~I(:() (:i'tl!'r.d !11~\lr.IJII:" t:.illlI'dln . (:I.::J<:() Jlld..t)\Jlir~' (;'i1lqi,lIl\ . (;L!(:() (:d~ll,dl\ C;\l1q'.dl\ . (:rih'rill\\ \\\:-.\1\,,1\\\,,(' ;\":"'1\\:\. \1\\ ((:ldlllli:d L!IIUll.\' -'ltlt!!:!! hl~"l ONE GEICO PLAZA WASHINGTON, D.C. 20076-0001 SEPTEMBER 26, 2000 POST OFFICE RECEIPT SECUREn FILE COpy POLICY NO.: SZ16140 DEAR MS. MCCLINTOCK: YOUR POLICY WAS C~Nr::F1JEO FOR NON-PAYMENT OF PREMIIJ"I ON SEPTEMBER 2, 2000. YOUR PAYMENT DID NOT REACH US UNTIL AFTER THIS CANCELLATION BECAME FINAL. WE REGRET THAT OUR U~DERWRITING REQUIREMENTS WILL NOT ALLOW US TO REISSUE YOUR POLICY. THEREFORE: ( ) ENCLOSED YOU WILL FIND YOUR ORIGINAL PAYMENT. ( ) A REFUND PAYMENT FOR THE AMOUNT OF YOUR CREDIT WILL FOLLOW. ( ) WE HAVE ISSUEO A CREDIT TO YOUR CREDIT CARD. ( ) THE PAYMENT OF ________ YOU SUBMITTED LESS EARNED PREMIUM OF _______ WILL BE REFUNOEO SHORTlY. NO INSURANCE IS IN EFFECT. THEREFORE. WE SUGGEST YOU MAKE OTHER ARRANGEMENTS FOR COVERAGE AS SOON AS POSSIBLE. SINCEREL Y. SHAWN ANKERBRAND 1-800-841-3000 UNDERWRITING DEPARTMENT,' VUND-305 UNVERIFIABLE DRIVING RECORD OF JEROME BROWNAWELL AND LAPSE OF COVERAGE. L933 SA 126 GNN CI0 22 SZl6140 MLWOBO 030 Shdr;'hnldi~r ChVJwd, Cntllpal1h~s I'll! A.llili:JtI~d With 'J'h', l '.S. (;il\'I~r1l111'~llt .J -I, ...~:, . VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my cOlmsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date: (l J,'l ,2000 ;5{Mk!>/ 7rjt~/v L_1 '~;....~ . . CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PETITION FOR APPEAL TO VEHICLE REGISTRATION SUSPENSION BY PA. DEPARTMENT OF TRANSPORTATION, was served on Respondent by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor River Front Office Center Harrisburg, PA 17104-2516 Date [1/2-7/bO '. J BARBARA A. McCLINTOCK, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : Respondent 00-8281 CIVIL TERM IN RE: APPEAL DISMISSED ORDER OF COURT AND NOW, this 1st day of June, 2001, after hearing, the action of the Department in suspending the vehicle registration is affirmed, and the appeal is dismissed. By the Court, Edward E. Guido, J. James J. Kayer, Esquire For the Plaintiff ~.~ V\ George Kabusk, Esquire For the Commonwealth It _ ~l . - <1, ...., -- "A" -~ '. ~ . "",I!'.'fti'jfiil"ilI!f ,~,' ,~, ", .,..._!!JIf1\,"""~~,..,."",~"", _~, ~ '.~,- rl~ED-{>llCt 0,:: '~'--./:".1 ,,'iJi',:DT/\RY I) I ,JWI '" 7 An II: 36 curv18E:"ilj~\G COU/IHY PENNSYLVANIA 1IIi'~~W~~)If>_'e~\1'",J"'~',~ifO#Wi""'ll!'!'I~!!/<i'~tmffiilll\!l"'Ijf!lM~J<Illl!!!'~""..__ ,1"