HomeMy WebLinkAbout99-07632i
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
Appellee
V.
ROBERT W. GORNIK,
Appellant
IN'fFIE COURT OF COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 CIVIL 1999
APPEAL FROM VEHICLE REGISTRATION
SUSPENSION
ORDER /9&,
AND NOW, this j?day of ? £/C , upon consideration of
the within Petition for Appeal from Vehicle Registration Suspension, a hearing in the matter is set
for the day of }'£?/11efi/LY 44 _ad, at /0 L5??' m. in Courtroom J of
the Cumberland County Courthouse, Carlisle, Pennsylvania.
Pending said hearing, Appellant's vehicle registration shall be reinstated.
BY THE COUR
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, PA 17104-2516
Dirk E. Berry, Esquire
7 Irvine Row
Carlisle, PA 17013
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 7L 32 CIVIL 1999
V.
ROBERT W. GORNIK,
Appellant
APPEAL FROM VEI-IICLCOMMONWEALTI-I
SUSPENSION
AND NOW, comes Appellant, Robert W. Gornik, by and through his attorney Dirk E.
Berry, Esquire, and brings the following petition:
1. Appellant is Robert W. Gornik, an adult individual with a current address of 48 Limekiln
Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. On October 11, 1999, Appellants insurance company, PROGRESSIVE CASUALTY
INSURANCE COMPANY, terminated the vehicle coverage on all three of Appellant's vehicles.
3. On November 11, 1999, having been notified of the lapse in insurance coverage,
Appellant reinstated his insurance coverage through PROGRESSIVE CASUALTY INSURANCE
COMPANY with a payment of $448.80.
4. Appellant was issued an insurance policy which indicated a policy period of November
11, 1999 to November 11, 2000. The document stated that the policy was effective at 12:01 a.m.
on the first day of the policy period.
5. Subsequently, Appellant received a letter from the DEPARTMENT OF
TRANSPORTATION, BUREAU OF MOTOR VEHICLES, dated November 24 1999, stating that
the vehicle registrations on all three of his vehicles would be suspended effective December 29,
1999 at 12:01 a.m., a copy of which notice is attached hereto.
6. The statutory requirement for financial responsibility in vehicle insurance coverage is
that a lapse must be less than thirty-one days.
7. Appellants coverage was reinstated on November 11, 1999, which was the thirty-first
day, and accordingly the period of lapse had to be less than thirty-one complete days.
9. The Department of Transportation has failed to follow proper regulatory administrative
procedures in Appellant's case and otherwise acted improperly in imposing this suspension.
WHEREFORE, Appellant requests this Honorable Court to set a hearing on the matter of
Appellant's vehicle registration suspension, stay the impositio• of these vehicle registrations
pending the result of said hearing and after said hearing reverse the suspensions heretofore
previously issued.
Respectfully submitted,
The Law Office of James K. Jones, Esquire
Dirt: E. Berry, Esquire
Attorney for Appellant
7Irvine Row
Carlisle, PA 17013
I verify that the statements made herein are true and correct to the best of my knowledge
and belief. I understand that false statements made herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unswom falsification to authorities.
Robert W. Go ik
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COMMONWEALTH OF PA
DEPARTMENT OF'rRANSPORTATION
BUREAU OF MOTOR VEHICLES
Appellee
V.
IN THE COURT OF COMMON PLEAS 01'
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99-7632 CIVIL 1999
ROBERT W. GORNIK, : APPEAL FROM VEHICLE REGISTRATION
Appellant SUSPENSION
PRAF.CIPF. TO WITHDRAW APPEAL
TO: David A. Szewczak, Prothonatary
Please withdraw the above captioned appeal that had been filed on behalf of Appellant
Robert W. Gornik. The suspensions appealed from have been rescinded by the Pennsylvania
Department of Transportation, Bureau of Motor Vehicles. Therefore, the matter is moot.
The Law Office of James K. Jones, Esquire
Date: 2P o 0
George H. Kabusk, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, PA 17104-2516
Dirk E. Berry, Esquire
Attorney for Appellant
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
Dirk E. Berry, Esquire
7 Irvine Row
Carlisle, PA 17013
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