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Home My WebLink About01-06020 ,. ^ "'-, '''---' , """ ~ , I "',' Monica A. George Vs. Commonwealth of Pennsylvania Department of Transportation BST 2 2 2601 OCT 2 3 2001 d/Y IN THE COURT OF COMMON PLEAS OF ---- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 0 l -(jJ1)[) , -.. . ., ORDER OF COURT AND NOW, this ;'.5 t1ay of () Co i d h ~ 2001, the foregoing petition is ordered filed and a private heating thereon is fixed for !i.. '.. (;;/1/. 'I . 20o,tat i/ q: () () A. hi. in Courtroom No. I( of the Courthouse in Carlisle, Pennsylvania. E:dwAll..d E. C..... "I V-, Jddge ~~ ~~ I' \j\J\ \y .__ r .1 ".... ~ -I~".. "."=' '.< ,"",,--, - - - -" .,- . ~~, ''', .,. 11'1"'111"1 '.'III'II'I'"..','W",'li ",.,o"~I"r{"c'1iiJjjr""'Tr '~'T,"nrT1', .". ,.1- .. .... . r::I:', c:~': <:I!,'DT.f'JlY ,-" GC1' ". U I .J ~ {.:} i[j: S6 CUf/!tJI:J1C/\!',) UJUNW PENNSYLVAi\,l!t\ . ."- ~[j!tUlillm~'ffi!l!IIf'ijjf;l'R~t~~" "",",~~I~~i1'#.'iIl$"\1':t~"'1'~?_~'1!!\'d-'1"::''''''F'-' _~_'" ,~~..~__,,~ 'f"'-".",- -" , , ~....;,..."",- "" 1,-;, - '-0_'" ,j ; ',"", " ... -...J. 'It- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Monica A. George vs. Commonwealth of Pennsylvania Department of Transportation File No. ~ 1- (P();)6 PETITION FOR APPEAL FROM A SUSPENSION OF MOTOR VEHICLE REGISTRATION 1. Appellant herein is Monica A. George, residing at and having a mailing address of: 712 Gobin Drive, Carlisle, Pennsylvania, 17013. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania, 17123. 3. By letter of notice dated September 30, 2001, a copy of which is attached hereto as Exhibit A, the Department of Transportation ordered Monica A. George to surrender her motor vehicle registration for a period of 3 months. 4. Supersedeas: Pursuant to 75 Pa.C.SA 1377(a), Appellant is retaining motor vehicle registration until final determination of the suspension of registration. 5. The said suspension of Appellant's registration is improper or unlawful for the following reasons: The Appellant's registration is in question secondary to a lapse in insurance coverage for 32 days. Access to her vehicle is essential to maintain employment within her current occupation, and to ultimately meet financial obligations. The Appellant respectfully requests that this matter be set down for a hearing and that the order of suspension be set aside. Respectfully submitted by, eJrtllM-'6<,j k Appellant 11;) , "^,i" c-;Ji r I;' .. 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 j ~ (~ l<b( Ji~ikt Appellant ,c . o~, "\,.jlll!l.i'~., J' "" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OmCIAL NOTICE MAIL DATE: 09/30/01 MONICA A GEORGE 712 GOBIN DRIVE CARLISLE, PA 17013 Information Pennsylvania Out of State TDD Pennsylvania TDD gut of State (7:00 AM to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 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: TOYOTA, BODY TYPE: SEDAN, VIN NO: 4T1SKI2EXPU319700, TITLE: 52657021, TAG NO: BVW0256. This information was requested as a result of this Bureau being notified by LIBERTY MUTUAL FlRE INSUR CO that the insurance polity covering the vehicle was tenninated on 07/18/01. 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 11/04/01 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 07/18/01, 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 1950 of tbe Vehicle Code. Please see the enc!<>sed 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, 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 conrt. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OmCE CENTER, HARRISBURG, PA 17104-2516. . ''''''~d!;D'"'''''i"r~i-_H_:J,__;ftlli-l-'',~"J~''lli~';l)~;~~~'~~~ ~ ~ ......... --- ~ ~ "- ~ ! JII JiLl, D _~ ...J !,~,'", _,,__~_~~_,.~,.'''_O,~''''''''__'''~'' __ '" ""~, .-, -~ < ~~ ,~.~,~~,~> ~ () c: ....,s vcr:; n11~'" ;:;:::i ~S r:~' ..-..... .- )>~ Z"~ ",-0 -,- :z ::< ~ 8 ~ 3 ., ::> ,-,' :;:> ~ r ~ ~ ~ IC> s::, ~ _':!c- ..- '. <::::> o -'!'j a n --I ----'! -r =,~~ -'_:10] -'-.--.: -~:~ ~~ (~?1.3 (:5iTl 35 -< '.0 v ~ ~ N .. l "" < .~' ''''''-';',j 1:JL-3213 (9/95) CERTIFICATION DATE: November 19, 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 TESTIMo.NY WHEREo.F, I HAVE HEREUNTO. SET MY HAND AND SEAL o.F THIS DEPARTMENT THE DAY AND YEAR AFo.RESAID. ~;(.~ BRA Y L. MAL RY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 09/30/01, effective 11/04/01; 2) Electronic Transmission from LIBERTY MUTUAL FIRE INSUR CO, certifying the termination of insurance on 07/18/01, and 3) Computer Printout of Vehicle Inquiry Detail by Title Screen from the Department of Transportation's records for a 1993 TOYOTA SEDAN, with Title No. 52657021, License Plate No. ELE1146 owned by MONICA A. GEORGE, with registration expiration date October, 2002. CERTIFIED To.es 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. ~4 SEAL KURT MYERS, DIRECTOR BUREAU OF MOTOR VEHICLES COMMONWEALTH'S EXHIBIT \ 1-4-02. S - ~- ~ . '" ~i~tili~i;k,,;,- ~ ... .". I COMMONWEALm OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAIL DATE: 09/30/01 MONICA A GEORGE 712 GOBIN DRIVE CARLISLE, PA 17013 Information Pennsylvania Out of State roD Pennsylvania roD ,9ut of State (7:00 AM to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 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: TOYOTA, BODY TYPE: SEDAN, VIN NO: 4TISKI2EXPU319700, TITLE: 52657021, TAG NO: BVW0256. This information was requested as a result of this Bureau being notified by LmERTY MUTUAL FIRE INSUR CO that the insurance policy covering the vehicle was terminated on 07/18/01. 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 11/04/01 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 07/18/01, and also provide a notarized affidavit stating that your vehicle was not operated during tbis time. It is necessary for you to provide copies of tbe insurance documents and return them witb 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 tbe Bureau. You will be required to pay a restoration fee in tbe amount of S50.00, to tbe Department in accordance witb Section 19:\0 of the Vehicle Code. Ple:>se.e<l the enclosed application for additional restoration fee information. We have enclosed a self-addressed envelope for use wben corresponding and a mailing label to assist witb the return of your registration plate, sticker and card. You have tbe right to appeal this suspension to the Conrt of Common Pleas of the county of your residence within tbirty (30) days of the date of this notice. Sending a copy to tbis Department of a timely, filed appeal will stay the Department's action pending a final decision by tbe court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRA\'lSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-1516. *\ .- ~ orjer of ~~ Director Bureau of Motor Vehicles DeparhnentofTransportation ;' "'- It .' ,-~ ~'-~'~"iilik,";' ":;,:,J.r.:,'~,~,'~,~,-~,~.,"..J.{.:.;jb' , , ":: ' ';';';, t,f -~ .- ".., "'~i c7604600 2sC04604 TITLE SOURCE STATUS 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 : 17-LIST - '~'," :' J'4::i~,'", SUSPENSION INQUIRY DETAILl 52657021 CA CANCEL A ACTIVE F 07/18/01 09/23/01 11/04/01 003M .00 PEN OWNER ----END OF LIST---- GEORGE,MONICA A AUTH CODE INS REQUESTED: AFFID REQUEST: PRV INS CO CD: 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 i'd- 1786D 08/09/01 VIOL CODE 1786E AFFIDAVIT 23035 LIBERTY MUTUAL FIRE INSUR CO 1 NON PYMNT Y NEEDED EST WID INS EXP DT: REINST IND: 012209999043784001 15-RETURN ~~ "'"' - ,b,_ -, ~.~ "....~~',,~ '......"..,;..;'......i,iB_:<,J:,i" C7507500 2MV07501 VEHICLE INQUIRY DETAIL BY TITLE A0730303 11/19/01 OWNER MONICA A GEORGE 712 GOBIN DRIVE CARLISLE PA 17013 Lessee: 000 Ckdt: GE Carrier: ARP: FIt: Title: 52657021 3 Tag: ELEl146 GVW: TI Seq: 01 Exp Dt: 10/02 GCWT: TI Dt: 11/10/98 Rg Fee: 36.00 Unl Wt: TI Dup: Axle Tx: .00 Axles: Non pa TI: Prv Rn: 10/28/00 GVWR: Reg Dups: GCWR: MAKE: TOYOTA Tag Tp: 01 AWR: Model: UCL P Tag: BVW0256 Year: 1993 Tag Color Code: N Body: SDN Reg Pro: VIN: 4T1SK12EXPU319700 Class: 00 Dealer LESSEE Junk: A/C: Van: Unclaimed: Stolen Veh Dt: Stolen Tag Dt: Equip No: Renew WID: 01300 1119 000457 001 Stops: F Est. WID: 98314 1099 000170 001 21-IMINFO 16-NOTEPAD 22-DETAIL2 18-LIENINFO 19-WIDHIST 15-RETURN ~., "~ 0 , ,-' ,'h', c, 'li$'tr, MONICA A. GEORGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NO. 01-6020 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of January, 2002, after hearing, the appeal is dismissed, and the action of the Department in suspending the registration for the 1993 Toyota sedan is affirmed. Edward E. Guido, J. ~orge Kabusk, Esquire Attorney for PennDOT ~nica George, Pro se V:;12 Gobin Drive Carlisle, PA 17013 t1:~ :srs - "'~~a~.~"..~ _ _ _ <~ ""''-'''<J-'_,'",,'''*<'''''__'__'''' ,,"'.,c '",,",^ ,"""'" - '.-4 --~ """,,", ~",','''',;,'' f'1'"" 'l,;~"M,~-", ;'t7~"""'~;"n'--'..o.f""lt~"-,,.--t_"jr'"""IY'-T~"'('4'''t'T'''''''''r:~n'': 'I~_----!I"'--li ~';1" '~:~' '~':"'_--"~~:~-"i'!W~JiWj~ -, ,'" :,,;"'i 'Y1'/\SY M s 02 -, -I p ;-~; '" I R (",,' u.., CIJ" , ,... ... 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