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HomeMy WebLinkAbout03-6280CARL C. BACON, II and JUDITH K. BACON : COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- (~''~?© ~ x-7'-~" REGISTRATION SUSPENSION APPEAL AND NOW, comes Cad C. Bacon, II and Judith K. Bacon (hereinafter Petitioner), through their attorneys, Mancke, Wagner & Spreha, who respectfully represent: 1. Petitioners are adult individuals residing at 3 East Factor7 Street, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, has a mailing address located at 1101 S. Front Street, Harrisburg, Pennsylvania. 3. Petitioners have received a notice from the Department of Transportation that their vehicle registration is being suspended as a result of a lapse in insurance coverage on their vehicle. (See Exhibit "A"). Such lapse allegedly occurred in July, 2003. 4. Petitioner's believed that such suspension is unjust, illegal and improper for reasons that include but are not limited to the following: (a) There was no lapse in coverage as insurance was in place from Apd126, 2003 until October 26, 2003. Wherefore, Petitioners request this Honorable Court schedule a headng to determine the validity of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 DATED: / ~' ~ ~© '-~ Attomey for Petitioners COMMONWEALTH OF PENNSYLVANIA ~EPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106 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 CARL C BACON II & JUDITH K BACON 3 EAST FACTORY STREET APT 1 MECHANICSBURG PA 1705 11/05/03 DEAR MOTORIST: THE PURPOSE OF THIS LETTER IS TO PROVIDE YOU WITH INFORMATION ON WHAT YOU NEED TO DO IN ORDER TO HAVE THE REGISTRATION RESTORED ON THE FOLLOWING VEHICLE: TITLE NUMBER - 44040705 VIN NO 1FDEE14N8LHB00125 MAKE - FORD EFFECTIVE DATE OF SUSPENSION - 12/04/03 CREDIT TOWARDS SERVING A SUSPENSION DOES NOT BEGIN UNTIL THE REGISTRATION PLATE IS RETURNED TO THE BUREAU OF MOTOR VEHICLES AT THE ADDRESS LISTED AT THE TOP OF THIS LETTER. IN ORDER TO HAVE THE REGISTRATION RESTORED YOU MUST PROVIDE THE BUREAU WITH PROOF THAT THE VEHICLE IS INSURED. PROOF OF INSURANCE MUST BE ONE OF THE FOLLOWING: YOUR INSURANCE IDENTIFICATION CARD, DECLARATION PAGE OF YOUR INSURANCE POLICY, INSURANCE BINDER OR AN APPLICATION OF INSURANCE TO THE PA AUTO INSURANCE PLAN. THIS INSURANCE WILL NOT BE ACCEPTED MORE THAN (1) MONTH BEFORE THE ELIGIBILITY DATE. IN ACCORDANCE WITH SECTION 1960 OF THE VEHICLE CODE, ADDITIONALLY YOU MUST PAY A RESTORATION FEE IN THE AMOUNT OF $50.00. THE CHECK OR MONEY ORDER MUST BE MADE PAYABLE TO THE DEPARTMENT OF TRANSPORTATION. PLEASE PLACE THE VEHICLE TITLE NUMBER ON THE CHECK OR MONEY ORDER TO ENSURE THAT THE FEE IS CORRECTLY APPLIED TO THE APPLICATION. PLEASE FOLLOW THE INSTRUCTION(S) LISTED ABOVE AND RETURN THIS DOCUMENT AND ALL OTHER NECESSARY FORMS IN THE ENCLOSED SELF-ADDRESSED ENVELOPE. WRITE YOUR TITLE NUMBER ON ALL DOCUMENTS AND ADVISE THE BUREAU IMMEDIATELY OF ANY CHANGE TO YOUR ADDRESS. FAILURE TO DO SO MAY DELAY THE RESTORATION OF YOUR REGISTRATION PRIVILEGE. PLEASE NOTE : ORIGINAL DOCUMENTS WILL NOT BE RETURNED. EXHIBIT S%NCERELY, PENNSYLVANIA DEPARTMENT O~ TRANSPORTATION BUREAU OF MOTOR VEHICLES VERIFICATION I hereby vedfy that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date Date CERTIFICATE OF SERVICE I Marcia Gates, an employee of the law firm of MANCKE, WAGNER & SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail: George Kabusk, Esquire Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104 DATE: a Gates MANCKE, WAGNER & SPREHA 2233 N. Front Street Harrisburg, PA 17110 Edward F. Spreha, Esq. CARL C. BACON, II and JUDITH K. BACON VS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES AND NOW, thiS,~L day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA J~ ~ ~' ,.~ ~,--~ ,2003, upon consideration of the within Petition, it is hereby ordered and decreed that a heating be held on the ~5-7~ day of ,20~,'at_~ o'clock in Courtroom ~ , Cumberland County Courthouse, Harrisburg, Pennsylvania. Notice of said headng shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days pdor to the date of the hearing. Distribution: By the Court: v'~dward F. Spmha, Jr., Esquire 2233 North Front Street, Harrisburg, PA 17110 ,/George Kabusk, Esquire Office of Chief Counsel, Department of Transportation, 1101 S. Front Street, Harrisburg, Pennsylvania CARL C. BACON, II and JUDITH k. BACON VS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ~:~o ~ "7-~- REGISTRATION SUSPENSION APPEAL AND NOW, comes Cad C. Bacon, II and Judith K. Bacon (hereinafter Petitioner), through their attorneys, Mancke, Wagner & Spreha, who respectfully represent: I. Petitioners are adult individuals residing at 3 East Factory Street, Apartment 1, Mechaniceburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, has a mailing address located at 1101 S. Front Street, Harrisburg, Pennsylvania, 3. Petitioners have received a notice from the Department of Transportation that their vehicle registration is being suspended as a result of a lapse in insurance coverage on their vehicle. (See Exhibit "A"). Such lapse allegedly occurred in July, 2003. 4. Petitioner's believed that such suspension is unjust, illegal and improper for reasons that include but are not limited to the following: (a) There was no lapse in coverage as insurance was in place from Apd126, 2003 until October 26, 2003. Wherefore, Petitioners request this Honorable Court schedule a headng to determine the validity of the suspension outlined in Exhibit A. DATED: Respectfully submitted, MANCKE, WAGNER& SPREHA Attorney ID No.: 78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioners COMMONWEALTH OF PENNSYLVANIA ~EPARTMENT OF.TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106 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 CARL C BACON II & JUDITH K BACON 3 EAST FACTORY STREET APT 1 MECHANICSBURG PA 1705 11/05/03 DEAR MOTORIST: THE PURPOSE OF THIS LETTER IS TO PROVIDE YOU WITH INFORMATION ON WHAT YOU NEED TO DO IN ORDER TO HAVE THE REGISTRATION RESTORED ON THE FOLLOWING VEHICLE: TITLE NUMBER - 44040705 VIN NO - 1FDEE14N8LHB00125 MAKE - FORD EFFECTIVE DATE OF SUSPENSION - 12/04/03 CREDIT TOWARDS SERVING A SUSPENSION DOES NOT BEGIN UNTIL THE REGISTRATION PLATE IS RETURNED TO THE BUREAU OF MOTOR VEHICLES AT THE ADDRESS LISTED AT THE TOP OF THIS LETTER. IN ORDER TO HAVE THE REGISTRATION RESTORED YOU MUST PROVIDE THE BUREAU WITH PROOF THAT THE VEHICLE IS INSURED. PROOF OF INSURANCE MUST BE ONE OF THE FOLLOWING: YOUR INSURANCE IDENTIFICATION CARD, DECLARATION PAGE OF YOUR INSURANCE POLICY, INSURANCE BINDER OR AN APPLICATION OF INSURANCE TO THE PA AUTO INSURANCE PLAN. THIS INSURANCE WILL NOT BE ACCEPTED MORE THAN (1) MONTH BEFORE THE ELIGIBILITY DATE. IN ACCORDANCE WITH SECTION 1960 OF THE VEHICLE CODE, ADDITIONALLY YOU MUST PAY A RESTORATION FEE IN THE AMOUNT OF $50.00. THE CHECK OR MONEY ORDER MUST BE MADE PAYABLE TO THE DEPARTMENT OF TRANSPORTATION. PLEASE PLACE THE VEHICLE TITLE NUMBER ON THE CHECK OR MONEY ORDER TO ENSURE THAT THE FEE IS CORRECTLY APPLIED TO THE APPLICATION. PLEASE FOLLOW THE INSTRUCTION(S) LISTED ABOVE AND RETURN THIS DOCUMENT AND ALL OTHER NECESSARY FORMS IN THE ENCLOSED SELF-ADDRESSED ENVELOPE. WRITE YOUR TITLE NUMBER ON ALL DOCUMENTS AND ADVISE THE BUREAU IMMEDIATELY OF ANY CHANGE TO YOUR ADDRESS. FAILURE TO DO SO MAY DELAY THE RESTORATION OF YOUR REGISTRATION PRIVILEGE. PLEASE NOTE : ORIGINAL DOCUMENTS WILL NOT BE RETURNED. · ~ EXHIBIT SINCERELY, PENNSYLVANIA DEPARTMENT oF TRANSPORTATION BUREAU OF MOTOR VEHICLES VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date Date CERTIFICATE OF SERVICE I Marcia Gates, an employee of the law firm of MANCKE, WAGNER & SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail: George Kabusk, Esquire Office of Chief Counsel Depadment of Transportation 1101 S. Front Street Harrisburg, PA 17104 DATE: "-M'arcia Gates MANCKE, WAGNER & SPREHA 2233 N. Front Street Harrisburg, PA 17110 Edward F. Spreha, Esq. CARL C. BACON, II and JUDITH K. BACON, Plaintiffs COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6280 CIVIL TERM IN RE: REGISTRATION SUSPENSION APPEAL ORDER OF COURT AND NOW, this 11th day of February, 2004, due to a conflict in the Court's schedule, the hearing previously scheduled in the above matter for February 25, 2004, is rescheduled to Thursday, March 18, 2004, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Edward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, PA 17110 George Kabusk, Esq. Office of Chief Counsel Pa. Dept. of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Wesley O~1 er}C--J~., J. :rc CARL C. BACON, II and : JUDITH K. BACON, : Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant CIVIL ACTION - LAW NO. 03-6280 CIVIL TERM IN RE: REGISTRATION SUSPENSION APPEAL ORDER OF COURT AND NOW, this 1st day of March, 2004, due to a change in the civil trial schedule, the hearing previously scheduled in the above matter for March 18, 2004, is rescheduled to Wednesday, March 31, 2004, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Edward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, PA 17110 BY THE COURT, J/(?~qesley Oler, ~., J. George Kabusk, Esq. Office of Chief Counsel Pa. Dept. of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 irc CARL C. BACON, II, and JUDITH K. BACON, Petitioners COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORATION BUREAU OF DRIVER LICENSING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-6280 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of March, 2004, upon consideration of Petitioners' Registration Suspension Appeal in the above-captioned matter, and following a conference in chambers of the undersigned judge in which Petitioners ~lere represented by Edward F. Spreha, Jr., Esquire, and Respondent was represented by George H. Kabusk, Esquire, and pursuant to an agreement of counsel, the Registration Suspension Appeal is deemed withdrawn. By the Court, Edward H. Spreha, Jr., For the Petitioner Esquire/ y )l-~r, ~T-., George H. Kabusk, Esquire For the Respondent pcb