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Home My WebLink About01-05372SEP 1 72001 IN THE COURT OF COMMON PLEAS OF ItJ } ?? t `z A )\ San : CUMBERLAND COUNTY, PENNSYLVANIA APPELLANT ? V NO. G I-7 ?hf ? COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this day of C LtT?.I keA.. , 20?Lt, based upon Appellant's Appeal, a hearing shall be held on / day of , 200 !, in Courtroom ? at ?; 30 o'clock g.m. at the Cumberland County Courthouse. :.. 3„`?It 4Ga=$?ei+`.s_?3s a'. .? s.._-x ..?v.. .Y..?.hvs ..;. ".. _?- .a%?._--?•"•<naaNt&?I'?,u??k"£tKtP,'8ffisR' :ShH n ai rya. L, 1 COT-! r+ 1 U+#?Y FEa^;W ,yip. O W 8 L,Lj 1,001fA11505u Vt ?,pC )qyl Appellant vs. Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. -O j- c-3- 7c ?c'f OF MOTOR 1. Appellant herein is residing at and having a me.iling address of: 2. Appellee herein i3 the Department of Transportation of the Commonwealth of Pennsylvania, having a mai:ing address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. ?( W 3. By letter or notice dated a00 a copy of which is attached hereto as Exhibit A, the Department of Transportation -X-- ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of ?'m0? J? 5 denied the issuance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(6), a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supe sedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle registration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / registration is improper or unlawful for the following reasons: I 1 I, W°- AlL ov'7 J'-a1r1t0o ( fior ref y \ wlGl17-fv Appellant respectfully requests that this matter be set down for a hearing and that the c: der of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date ?? ?,? Appellant -3- "fp19fFMttfiJ ?u1 .ov??A rui. N. A.]¢. ?S ?VhY.?_'?k.e ic.ie..1 x'?11kd.'?li r.wisrrs#Fa'$FLY&IkEUvbnnN&fi-_ ? "? k?3.. __ r ., t 4A -tom J c, ,n r^ y. . 1. d.. 4 11 - ?yrytlo ......?,??__. .. ..- _. :.. .... ...:. L. Imo,.,: rfL-326(9/95) CERTIFICATION DATE: November 17, 2001 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. 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 & mailed08/18/01, effective 09/22/01; 2) Electronic Transmission from UNITRIN DIRECT INS COMPANY, certifying the termination of insurance on 06/02/01, and 3) Computer Printout of Vehicle Inquiry Detail by Title Screen from the Department of Transportation's records for a 1979 FORD TRUCK, with Title No. 35795108, License Plate No. YJN3430 owned byALISON A. & WILLIAM SUNDERLAND, with registration expiration date September, 2002. 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 =STATE'S COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES P.O. BOX 68674 HARRISBURG, PA 1 71 0 6-8674 OFFCIAL NOTICE MAIL DATE: 08/18/01 Information (7:00 AM to 9:00 PM) Pennsylvania 800-9324600 Out of State 717-391-6190 - - -- - TDD Pennsylvania 800-228-0676 ALISON A & WILLIAM SUNDI RLL SAND " _w_ Out of State 717- 391-6191 66 MT VIEW TER - NEWVILLE,PA 17241 -_ _ =- _- _- Dear Motorist: - :?. - ?- -- ;N_ You were recently requested by the Bureau of Qtor-_ e._icles to provide proof of$fmancial responsibility (insurance) covering the operation of the KlItiwing vehicleq : FORD, BODY TYM- TRUCK, VIN NO: F15UNDE95483 LE: 35795108, T 190 'JN3430. This mfurmati?u was requested as a result of this Bureau being notified by; jrF N DIRECT- that the msgrancepolicy covering the vehicle was ?- - terminated on 06/02/01. Eider no response was,, ,received or the informa`? own yon provided indicated a lapse of coverage which was not permitted under Section 1786 of the Vehicle Co As a result, the vehicle registration privilege will be suspen a or- - ree Wwo ttlt? effective 09122/01 at 12:01 A.M. as authorized by Section 1786(1)1o4i tthe Vehicle Code. This is a final order of suspension. You may obtain reconsideration of this order by subjnitting a copy of your insurane6jidenation card, the declaration page of your insurance policy, a valid binder of insurance, or an application for ups u -ance 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 Bureautvithpproof of insurance indicating an effective date of coverage of less than 31 days from 06/02/01, and also provide in 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 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 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. 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 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 OFFICE CENTER, HARRISBURG, PA 17104-2516. +l By order of Director Bureau of Motor Vehicles Department of Transportation w C7604600 2SCO4604 SUSPENSION INQUIRY DETAILI ----END OF LIST TITLE : 35795108 SOURCE : CA CANCEL STATUS : A ACTIVE STOP CODE : F DETERMINATION DAT E: 06/02/01 SUSP NOTICE SENT : 08/11/01 SUSP EFFECT DATE : 09/22/01 ORIG SUSP EFF DAT E: CREDIT DATE 09/30/01 TERM 003M ELIGIBILITY DATE 12/30/01 RESCIND NOTICE DT SEGMENT CLOSED OFFENSE DATE CONVICTION DATE CASE/CITATION NO COURT NUMBER DOCKET NUMBER COST : .00 PEN 17-LIST OWNER : SUNDERLAND,ALISON A & WILLIAM AUTH CODE : 1786D VIOL CODE : 1786E INS REQUESTED: 06/27/01 AFFID REQUEST: AFFIDAVIT : PRV INS CO CD: 10226 PREY INS CO UNITRIN DIRECT INS CO PREV POL NO 8002224 TERM REASON 1 NON PYMNT FR REQUIRED Y NEEDED IF INDICATOR RESPONSE DATE: TYPE OF PROOF: INS CO CODE INS CO NAME INS POL NO INS EFF DT INS EXP DT: MAINT TYPE REINST IND: .00 EST WID : 011779999006860001 15-RETURN -#2- YLk?,. CT5 07500 2MV07501 VEHICLE INQUIRY DETAIL BY TITLE A0730303 11/14/01 OWNER Lessee: 000 Ckdt: SU Carrier: ARP: Flt: ALISON A & WILLIAM Title: 35795108 2 Tag: YJN3430 GVW: 5000 SUNDERLAND T1 Seq: 03 Exp Dt: 09/02 GCWT: 66 MT VIEW TER T1 Dt: 01/04/84 Rg Fee: 58.50 Unl Wt : 1 NEWVILLE PA 17241 T1 Dup: Axle Tx: .00 Axles: Non Pa T1: Prv Rn: 10/02/00 GVWR: 5000 Reg Dups: GCWR: MAKE: FORD Tag Tp: 02 AWR: Model: P Tag: ZN07328 LESSEE Year: 1979 Tag Color Code: N Body: TK Reg Pro: VIN: F15HNDE9548 Class: 01 Dealer Junk: Unclaimed: Equip No: A/C: Stolen Veh Dt: Van: Stolen Tag Dt: Renew WID: 01313 1041 000399 001 Est. WID: 83354 0005 013093 034 Stops: 21-IMINFO 22-DETAIL2 15-RETURN 16-NOTEPAD 18-LIENINFO 19-WIDHIST DI: 326;(9/95) CERTIFICATION DATE: November 17, 2001 1 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. 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 & mailed08/18/01, effective 09/22/01; 2) Electronic Transmission from UNITRIN DIRECT INS COMPANY, certifying the termination of insurance on 06/02/01, and 3) Computer Printout of Vehicle Inquiry Detail by Title Screen from the Department of Transportation's records for a 1995 FORD SEDAN, with Title No. 49276938, License Plate No. XZS139 owned byALISON A. SUNDERLAND, with registration expiration date September, 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 STATE'S EXHIBIT BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES P.O. BOX 68674 HARRISBURG, PA 17106-8674 OFFCIAL NOTICE MAIL DATE: 08/18/01 Information (7:00 AM to 9:00 PM) Pennsylvania 800-9324600 - - - Out of State 717-391-6190 _ TDD Pennsylvania 800-228-0676 ALISON A SUNDERLAND '= Out of State 717- 391-6191 66 MOUNTAIN VIEW TER - -- .. ? - NEWVILLE, PA 17241 Dear Motorist: rer?,---. =a You were recently requested by the Bureau of Motor Vehicles to provide probfof'financial responsibility (insurance) covering the operation of the following vehicle: MAKE: FORD, BODY TYPE:. SEDAN, VIN NO: 1FALP6536SICI-0$G$, TITLE: 49271 938, TAt NO: X25139. This formation was requested as a result of this Bureau being notified by UNITRIN DIRECT-INS COMPANY that the surance policy covering the vehicle was terminated on 06/02/01. Either no response'iyaa- -received or the informatiton you provided indicated a lapse of coverage which was not perutitted under Sectio8( of the Vehicle Co - - I As a result, the vehicle registration privilege will be suspended for three monthieffective 09/22/01 at 12:01 A.M. as authorized by Section 1786())-fie y4ehicle Code. This is a final order "spension. You may obtain reconsideration of this order by submitting a copy of your hisuranceldentification 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. H 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 06102/01, and also provide an 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 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 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. 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 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 OFFICE CENTER, HARRISBURG, PA 17104-2516. +t By order of Director Bureau of Motor Vehicles Department of Transportation C7604600 2SCO4604 SUSPENSION INQUIRY DETAILl ----END OF LIST TITLE : 49276938 OWNER SUNDERLAND,ALISON A SOURCE : CA CANCEL STATUS : A ACTIVE AUTH CODE 1786D VIOL CODE : 1786E STOP CODE : F INS REQUESTED: 06/27/01 DETERMINATION DATE: 06/02/01 AFFID REQUEST: AFFIDAVIT : SUSP NOTICE SENT : 08/11/01 PRV INS CO CD: 10226 SUSP EFFECT DATE : 09/22/01 PREV INS CO UNITRIN DIRECT INS CO ORIG SUSP EFF DATE: PREV POL NO 8002224 CREDIT DATE : 09/30/01 TERM REASON 1 NON PYMNT TERM : 003m FR REQUIRED Y NEEDED ELIGIBILITY DATE : 12/30/01 IF INDICATOR : RESCIND NOTICE DT : RESPONSE DATE: SEGMENT CLOSED TYPE OF PROOF: OFFENSE DATE INS CO CODE CONVICTION DATE INS CO NAME CASE/CITATION NO INS POL NO COURT NUMBER INS EFF DT INS EXP DT: DOCKET NUMBER MAINT TYPE REINST IND: COST .00 PEN .00 EST WID : 011779999006858001 17-LIST 15-RETURN C7507500 2MV07501 VEHICLE INQUIRY DETAIL BY TITLE A0730303 11/14/01 OWNER Lessee: 000 Ckdt: SU Carrier: ARP: Flt: ALISON A SUNDERLAND Title: 49276938 6 Tag: XZS139 GVW: 66 MOUNTAIN VIEW TER T1 Seq: 03 Exp Dt: 09/01 GCWT: NEWVILLE PA 17241 Tl Dt: 02/01/96 Rg Fee: 36.00 Unl Wt: T1 Dup: Axle Tx: .00 Axles: Non Pa T1: Prv Rn: 09/30/99 GVWR: Reg Dups: GCWR: MAKE: FORD Tag Tp: 01 AWR: Model: CGL P Tag: BAW8641 LESSEE Year: 1995 Tag Color Code: B Body: SDN Reg Pro: VIN: 1FALP6536SK193668 Class: Dealer Junk: Unclaimed: Equip No: A/C: Stolen Veh Dt: Van: Stolen Tag Dt: Renew WID: 00273 1512 000563 001 Est. WID: 96025 0054 004213 001 Stops: F 21-IMINFO 22-DETAIL2 15-RETURN 16-NOTEPAD 18-LIENINFO 19-WIDHIST 00 J WILLIAM & ALISON SUNDERLAND Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5372 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA PA DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL IN RE: APPEAL DENIED ORDER OF COURT AND NOW, this 17th day of December, 2001, this matter having been called for hearing, the within appeal from suspension of motor vehicle registration is denied. By the Court, 4L Kevin' A. Hess, J. George H. Kabusk, Esquire 61 h Office of Chief Chief Counsel alp.tl. ?JQApA_ For the Commonwealth L Mr. & Mrs. William Sunderland )9 Q? R S 66 Mt. View Terrace Newville, PA 17241 bg