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Home My WebLink About99-01830 .~... ..J.. DL-326 <9/95) DATE June 8, 1999 CERTIFICA TION . 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~ ~~ ~LLORY. SECRETARY F 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 and mailed 02107/99, effective 03/14/99; 2) Electronic Transmittal from Allstate Insurance Company indicating a Termination of Insurance on November 5. 1998, for a vehicle with title number 47632534 registered to Connie Hollenbach, and 3) Computer Printout of Vehicle Inquiry Detail by Title screen from the Department of Transportation's records for a 1994 Pontiac Coupe, with title number 47632534, license plate number BRG4702, owed by Connie Hollenbach, with a registration expiration date of July, 1999. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, PL. 586, as amended, 42 Pacs 996103 and 6109, IN TESTiMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID, ..~?'y .. I KURT MYERS, DIRECTOR BUREAU OF MOTOR VEHICLES -... SEAL STATE'S . EXHIBIT ", / COMMONWEAL TII OF PENNS\'I,v MilA Ilt:PARTMENT {)t' TRANSPORTATION IIlJREAU OF !\IOTOR VEIIICI.ES 1',0. BOX 8674 IIARRISIIUR{l,PA 17106 On'lCIAI. NOTICE !\IAII. IlA TE: 02/07/99 CONNIE 1I0I.U:NIIACII 50 1I0NNVBROOK ROAIl CARLISE,PA 17013 (7:00 AMlo 9:00 PM) 800-93%-4600 717.391-6190 800.228-0676 717.391.6169 Information Pennsylvania OUI of Slale TOil Pennsylvania TOil Out of Slale Dear !\Iolorlst: Vou were r..,ently requested by Ihe Bureau of !\Iotor Vehlolesto provide proof ofllnanola! r.sponslblllly (lnsuran.e) eoverlng Ihe operation of Ihe following vehlde: !\lAKE: PONTIAC, 1I0DV TVPE: COUPE, VIN NO: IGZJBI4H5R7602U9, TITLE: 47632534, TAG NO: IIRG4702. Thlslnrormatlon was requested as a resull oflhlsllureau being notlned by TIG INSURANCE COMPANV thatthelnsuran.e polley eoverlng the vehlole was lermlnated on 11105/98. Either no response was received or Ihe Information you provided Indleated a lapse of eoverage whleh was not permitted under Seetlon /786 oflhe Vehlole Code. As a resull. the vehlde registration privilege wlll be suspended for Ihree months .rreetlve 03/14/99 al 12:01 A.M. as authorized by Seetlon 1786(0) orthe Vehlde Code. This Is allnal order ofsuspenslon. Vou may obtain reeonslderallon or Ihls order by submitting a eopy of your Insuranee Identllleatlon eard, Ihe dedaratlon page of your Insuranee polley, a valid binder orlnsurance, or an applleatlon for Insuraneeto Ihe Pennsylvania Auto Insurance Plan as evidence that the described molor vehlde was continuously covered by liability Insurance. If there was a lapse in insurance coverage, you must provide this Bureau wilh proof or insurance Indicating an errectlve dale of coverage of Ie.. than 31 days from 11/05/98, and also provide an amdavit staling tha! your vehlole was not operated during this time. Ills nccessary for you 10 provide eoples of the Insuranee doeuments and return them wllh Ihls notlllcallon, A self addressed label Is en dosed for your convenienee. Please note that original documents wlll not be returned. This Is a IInal order or suspension and unless you reeelve nollee from this Oepartmentlhal reeonslderatlon was granled, you wlll be required to return your current registration plate and card. Addlllonally, credit loward serving Ihe suspension wlll not begin until the reglstrallon plate is received by thellureau. Voo will be required to pay a restornllon fee In Ihe amount ors50,OO,Io the Department In accordanee with Section 1960 of Ihe Vehlde Code. Please see Ihe endosed appllcallon for addillonal restorallon fee inrormallon. We have endosed a self-addressed envelope for use wheo corresponding and a mailing label to asslsl wllh the return of your reglslration plate and eard. Vou have the rlghllo appeal this suspension 10 the Courl of Common Pleas orthe county of your residence within thirty (30) days of the date of Ihis notice, Sending a copy to this Oepartment or a timely, med appeal will stay the Oepartment's action pending a nnal decision by Ihe eourt, The eopy most be sent by certified mall to: PENNSVLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17t04-2516. By order of ~;.-,;~ -~ ------ ~-'1~ ~ Director Bureau of Motor Vehides Department of Transportation ~i~04600 2SC04604 SUSPENSION INQUIRY DETAILl ----END or LIST---- TITLE 47632534 OWNER : HOLLf:NBACH, CONN I E SOURCE ClI CANCEL STATUS A ACTIVE AlJTH CODE . nBGO VIOL CODE I786E . STOP CODE : f INS REQUE:STE:D: 12/17/98 DETERMINATION DATE: 11/05/98 AffID REQUE:ST: AffIDAVIT SUSP NOTICE SE:NT 01/31/99 PRV INS CO CD: 19232 SUSP EffECT DATE : 03/14/99 PRE:V INS CO ALLSTATE: INSURANCE COMPANY ORIG SUSP Eff DATE: PREV POL NO CREDIT DATE TERM REASON 1 NON PYMNT TERM 003M fR REQU IRED Y NEEDED ELIGIBILITY DATE 1 r INDICATOR : RESCIND NOTICr: DT Kr:SPONSr: DATr:: SEGMENT CLOSED TYPE Of PROOf: OffENSE DATE INS CO CODE CONVICTION DATE INS CO NAME CASE/CITATION NO INS POL NO COURT NUMBER INS Efr DT INS EXP DT: DOCKET NUMBER : MAINT TYPE : REINST IND: COST : .00 PEN .00 EST WID 983509999022598001 17-LIST 15-RETURN td--' MAR :l 0 1999 .~ V CONNIE L. HOLLENBAUGH, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 91_IZ.30CIVIL TERM : APPEAL FROM VElIICLE REGISTRATION : SUSPENSION Commonwealth of Pennsylvania Department of Transportation, Respondent ORDER FOR HEARING AND NOW, this r day of 1<>":1 , 1999, upon consideration of the Petition of Connie L. Hollenbaugh for an appealmmc pro /III/C of an Order of the Department of /s u..J- 4.0 ~e.I""" Transportation suspending the Petitioner's vehicle registration, a hearing d.: ".n':) is gralltea to ~eterRliRe wked~er tRe aetigu "fthp nP.p~rtmp.nt nfTr~ncpnrhtiQR iR Bl.JBfJ8RdiRg tRe Patiti9Rer's wltielw r~givtrati9R sltgylg se set a~ide. A supersedeas is ordered by this Court until a hearing on the above matter is fixed. Said Hearing shall be scheduled for the (/ rl, day of c;Jtll/ ( ,1999 at the Cumberland County at 9: ,5 CJ o'c1ock~. m. in Court Room No. ,/ Courthouse, Carlisle, Pennsylvania. The Prothonotary is directed forthwith to notifY the Department of Transportation of the appeal, supersedeas and the hearing date. By the Court, cc: James J. Kayer, Esquire Attorney for PlaintifTlPetitioner J. Department of Transportation _ r.h:"~ ,,..,>,c"...(,<l '/-ls)tj<;. '-"'r ~, i)'. i , I I I ~ c::' (;: ~ Wf$! .;; _J..._ <:J=;; {iid lE =-.J7j: .J_~ C);--.:i gF.) ~ ~. In ~.~; ~~ wd- I tt:ll: Ci::: i.C~ d)/_LJ #~ 0.. !UCC "" -" ~ '" :'5 CI\ {J ~ .j 1'"'" ~: ~ ~~ c 1" ~ i(. G ('6 '- ~-" ~ ~ .j' c':": c; r ~fJ fJ\ co f:. h.; ~ ~ -I, ,-.. . :\J ~: :':~ :"1' j .1-5 - .' .~- II) cn :~-) C;... U . C &] [')> 3,-< -C" 51!. r- ~ m -::J!" So ",s."C ~ -C- CD .;::l!:1l . lil." ~.:J .:. .g Q) .,(,.)~m OJ :J ~~i::~c. ~iij'g-aaJ . . ::l. 0 ., ...'< @ 0 .2l~ g:::E . w~ ::J.::I c '" .. . . .. . , . CONNIE L. HOLLENBAUGH, Petitioner · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY. PENNSYLVANIA vs. . NO. cr/./H~) CIVIL TERM Commonwealth of Pennsylvania Depanment of Transportation, Respondent . APPEAL FROM VEHICLE REGISTRATION . SUSI'ENSION PETITION FOR APPEAL TO VEHICLE REGISTRATION SUSPENSION BY PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, NUNC PRO TUNC COMES NOW, Connie L. Hollenbaugh. by and through her counsel, James J. Kayer, Esquire who respectfully petitions the coun pursuant to 75 Pa. C.S. Section 1550 for a review of an order of the Depanment of Trans po nation suspending the Petitioner's vehicle registration privilege and in support thereof represents as follows: I. Petitioner, Connie L. Hollenbaugh, is an adult individual residing at 50 Bonnybrook Road, Lot 47, Carlisle, Pennsylvania 17013. 2. Petitioner is the owner ofa Pontiac Coupe, VIN #IG2JB14H5R7602129, Title # 47632534 and Pennsylvania Tag #BRG4702. 3. On or about February 7. 1999, the Department of Transportation notified the Petitioner in writing, of an Order suspending her vehicle registration privilege for the following reason as set fonh: 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. The Petitioner upon receiving said notice on or about February 10, 1999 contacted an individual at PennDOT in person for the purposes of turning in her license and to determine what other actions could be taken. She was advised to take no action until the proposed commencement of the suspension of March 14, 1999 at which time she should turn in her license plale. 5. On March 14. 1999, Petitioner went to the PennDOT office for the purpose of turning in her license plate at which time a PennDOT official indicated 10 her that she should file the instanl appeal due 10 the circumstances behind her alleged failure to comply with Section 1786(d) of Ihe Vehicle Code. 6. On March 14, 1999, Petitioner was directed to file her appeal of this determination by the PennDOT employee even thoogh said appeal might be deemed as "untimely" 7. The basis behind Petitioner's appeal of this suspension is that she notified Allstate Insurance on or about November 5, 1998 that it was her intention to cancel her insurance with Allstate due to the fact that she had found a company offering a cheaper insurance premium. 8. At no time from the contact made by the Petitioner on November 5, 1998 until the present has Allstate provided the Petitioner with a notice canceling the policy or advising her of the necessity to obtain insurance promptly so that a lapse of greater than thirty-one (31) days would not occur regarding the coverage of her vehicle. 9. Petitioner was first made aware of this requirement in a letter dated December 17, 1998 originating from the Department of Transportation and received by the Petitioner on December 23, 1998. 10. On or about December 29, 1998, Petitioner Obtained insurance through Progressive Insurance Company on the vehicle in question. A copy of the insurance card obtained from Progressive has been attached hereto and designated as Exhibit" A". II. Petitioner's failure to comply with Section 1786(d) was caused entirely by the Allstate 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 VERlrlCATION or PLEADINGS TIle foregoing doeumeut is based upon infonllation which has been gathered by my counsel and myself in the pleparation of this action. 'nlC language of the document may, in pan, be the language of my counsel and not my own, I have read the statements made in this document and to the extent that it is based upon information which Ilmve given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the I.Xlent that the contents of the statements arc that of counsel, I have relied upon counsel in making this Verification, I understand that false statements herein arc made subject to the penalties of 18 PA. C.S. 9 4904, relating to unsworn falsification to authorities, Date: .['yy,.r:-c X\ ,-;0,,,,1999 ~-\-'v.j ~QI\\n(ll'~"" ." di-ro~ o COMMONWEAL TII OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFfiCE OF CIIIEF COUNSEL vt:IIICI.I: &. TRAFFIC LAW DIVISION RIVI:RFRONT OFFln: CI:NTER.TIIIRD FLOOR 1101 SOUTlI FRONT STRt:t:T IIARRISBURG. PENNSVINANIA 17104.1516 Tf.1.F.1'I10NI:. (7Il) 717.1830 I'AX, (lI7}705.1Il1 October 18. 1999 Ilonl1nlble Kevin A. Hess Court of Common Pleas, Cumberland County Cumberlwul County Courthouse I Courthouse Square Carlisle. P A 17013-3387 Re: Connie L. Hollenbaugh v. Commw. of Pa., DOT, BDL, No. 99-S-1830, License Suspension Appeal Dear Judge Hess: Please find attached a proposed Order in the above-mentioned case. The case was scheduled for hearing on October 14,1999, and the Department on October 13,1999, by telephone contacted your secretary and requested the case be rescheduled at a later date. Mr Kayer did not object to the matter being continured, The matter was rescheduled for December 22, 1999, at 1 :30 p,m. I have prepared the proposed Order for your signature, Sincerely, ~ r~L George H~bUSk Assistant Counsel Ene, cc: James J. Kayer, Esquire, Liberty Loft, 4 E, Liberty Avenue, Carlisle, PA 17013