HomeMy WebLinkAbout01-5975APPELLANT
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT OF
TtL~NSPORTATION, BUREAU OF
REGISTRATION,
APPELLEE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY; PENNSYLVANIA
NOTICE OF APPEA l,
1. Appellant, Nicole Sutton is an adult individual whom currently resides at 541 Bridge
Street, New Cumberland, PA 17070, Cumberland County, Pennsylvania.
2. Appellee, Commonwealth of Pennsylvania, Peunsylvarfia Department of
Transportation, Bureau of Registration, Harrisburg, Dauphin County, Pennsylvania,
17123 is a state agency.
3.Your Appellant's vehicle registration has been suspended on October 6, 2001, as a
result of a lapse of 31 days or more in automobile insurance.
4. Your Appellant was notified on or about October 9, 2001, that her registration was
being suspended for a period of three months which would go into effect October 6,
2001 at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A".
WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a
hear/ng and deny the Commonwealth's request that his -~'.'ce..'rse be suspended and your Honorable
Court to stay any and all suspensions.
Respectfully Submitted:
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person and
in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules
of Civil Procedure, by depositing a copy of the same in the United States
Pennsylvania, through first calss certified mail, prepaid and addressed as follows:
Pennsylvania Department of Transportation
Office of the Chief Counsel
rd .
3 Floor, Riverfi'ont Office Center
Harrisburg, PA 17104-2516
Date:
I, , state that I am the Appellant in the above-captioned case and
that the facts set forth in the above Notice of Appeal are true and correct to the best of my
knowledge, information and belief. I realize that false statements herein are subject to the penalties
for unswom falsification to authorities under 18 Pa. C.S. 4904.
NICOLE SUTTON
GREEN LANE
MECHANICSBURG,
PA 17055
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
OFFICIAL NOTICE
MAIL DATE: 09/01/01
Information (7:00 AM to 9:00 PM)
Pennsylvania 800-932-4600
Out of State 717-391-6190
TDD Pennsylvania 800-228-0676
TDD Out of State 717-391-6191
Dear Motorist:
You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance)
covering the operation of the following vehicle: MAKE: VOLKSWAGEN, BODY TypE: SEDAN,
VIN NO: 3VWWAS1H3TM099681, TITLE: 49824106, TAG NO: CCD8208. This information was requested as
a result of this Bureau being notified by LIBERTY MUTUAL FIRE INSUR CO that the insurance policy covering
the vehicle was terminated on 06/13/01. Either no response was received or the information you provided indicated
a lapse of coverage which was not permitted under Section 1786 of the Vehicle Code.
As a result, the vehicle registration privilege will be suspended for three months effective 10/06/0! at 12:01 A.M. as
authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtain
reconsideration of this order by submitting a copy of your insurance identification card, the declaration page of your
insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan
as evidence that the described motor vehicle was continuously covered by liability insurance. If there was a lapse in
insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of
less than 31 days from 06/13/01, and also provide a notarized affidavit stating that your vehicle was not operated
during this time. It is necessary for you to provide copies of the insurance documents and return them with this
notification. A self addressed label is enclosed for your convenience. Please note that original documents will not
be returned. This is a final order of suspension and unless you receive notice from this Department that
reconsideration was granted, you will be required to return your current registration plate, sticker and card.
Additionally, credit toward serving the suspension will not begin until the registration plate is received by the Bureau.
You will be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section
.... cf t.._ V....~le Ce~L PL'~.~ see *he en_c ,-,sea '~ppl~'~*ior~ for a~ldit!gn~l restorat on fee information.
We have enclosed a self-addressed envclepe for use when corresponding and a mailing label to assist with the return
of your registration plate, sticker and card.
You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within
thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal will stay the
Department's action pending a final decision by the court. The copy must be sent by certified mail to:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD
FLOOR, RIVERFRONT OlqqCE CENTER, HARRISBURG, PA 17104-2516.
By Order of
Director
Bureau of Motor Vehicles
Department of Transportation
010825 00060
01237 9999 005377 00!
NICOLE SUTTON, :
Plaintiff :
.
V. :
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF :
TRANSPORTATION, :
BUREAU OF :
REGISTRATION, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-5975 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of October, 2001, upon consideration of Plaintiff's
Notice of Appeal, a hearing is scheduled for Monday, the 4~ day of February, 2001, at
9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
PLAINTIFF IS HEREBY DIRECTED to supplement her notice of appeal within
20 days of the date of this order to specify in which was the suspension was unlawful.
Nicole Sutton
541 Bridge Street, Rear
New Cumberland, PA 17070
Plaintiff, Pro Se
George Kabusk, Esq.
Assistant Counsel
Department of Transportation
3rd Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for PennDot
BY THE COURT,
?. ~sley e~'~.,-- t~j.
:rc
.~NVA"'i,LCjNN~ct
90 :glt,'l~J h~ .L30 l0
,Lb'V.LG,iO'~Oc.k..~-'."5.i, :lO
NICOLE SUTTON,
Plaintiff
Vo
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF
REGISTRATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-5975 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 25th day of October, 200 I, the Order of Court previously entered
in the above matter scheduling a hearing for February 4, 2001, is amended to reflect a
correct hearing date of February 4, 2002, at 9:30 a.m., in courtroom No. 1, Cumberland
County Courthouse, Carlisle, Pennsylvania. In all other respects, the order shall remain
the same.
Nicole Sutton
541 Bridge Street, Rear
New Cumberland, PA 17070
Plaintiff, Pro Se
George Kabusk, Esq.
Assistant Counsel
Department of Transportation
rd
3 Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for PennDot
BY THE COURT,
J~esley Ol~r, ~ ' j~ b-.
:rc
NICOLE SUTTON,
Plaintiff
Vo
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
BUREAU OF
REGISTRATION,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-5975 CIVIL TERM
ORDER OF COURT
AND NOW, this 13m day of November, 2001, the Prothonotary of Cumberland
County is hereby directed to docket the attached letter from Nicole Sutton as a
supplement to Plaintiff's Notice of Appeal previously filed in the above matter.
BY THE COURT,
Nicole Sutton
541 Bridge Street, Rear
New Cumberland, PA 17070
Appellant/Petitioner, Pro Se
George Kabusk, Esq.
Assistant Counsel
Department of Transportation
3rd Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Appellee/Respondent
esley Oler, , . /~~
irc
November 7, 2001
Dear Sir
I have requested an appeal hearing regarding my vehicle registration because I feel that
the suspension is due to a misunderstanding. I moved three times in the matter of a few
months. I was having problems receiving mail at my correct address. I left my legal
address at my parent's home in Lehman, PA. PennDot for some reason was sending mail
to me at an old address in Mechanicsburg, PA. I only lived there for a very short time
and never gave PennDot that address. I have taken action to correct this problem and am
now receiving all mail at my correct address.
Thank You
Nicole Sutton
NICOLE SUTTON,
Plaintiff
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT :
OF TR3%NSPORTATION, BUREAU:
OF REGISTRATION, :
Defendant :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 01-5975 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of February, 2002,
upon consideration of Plaintiff's notice of appeal, and
following a proceeding held on this date at which the
Defendant/Respondent/Appellee Commonwealth of Pennsylvania,
Department of Transportation, presented evidence through
its counsel, George Kabusk, Esquire, in support of the
suspension of registration, and also noted through counsel
that the appeal appears to have been untimely, and the
Plaintiff/Petitioner/Appellant having failed to appear at
the proceeding notwithstanding that the Court had waited
approximately 20 minutes prior to commencement of the
proceeding to facilitate her appearance, the appeal from
suspension of registration is dismissed and denied.
By the Court,
Nicole Sutton
541 Bridge Street, Rear
New Cumberland, PA 17070
Appellant/Petitioner
/George Kabusk, Esquire
For the Appellee/Respondent
OD.-/9-dA.
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