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Home My WebLink About08-0563CHI X. PHAM, IN THE COURT OF COMMON PETITIONER PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA COMMONWEALTH OF DOCKET # 0 p- 3-6 3 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, STATUTORY VEHICLE BUREAU OF DRIVER'S LICENSING, REGISTRATION APPEAL RESPONDENT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the above-named Petitioner, Chi X. Pham, by and through his Attorneys, McShane & Hitchings, LLC and Joseph L. Hitchings, Esquire, and hereby appeals from a Notice of Suspension issued by the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, and avers the following in support thereof: 1. This Court has jurisdiction over this case by virtue of 42 Pa.C.S.A. §933(a) and 75 Pa.C.S.A. §1786 (a). 2. The Petitioner is Chi X. Pham, Pennsylvania Driver License Number 24204855, whose place of residence is 10 West Factory Street, Mechanicsburg, Cumberland County, PA 17055. 3. Respondent is the Bureau of Driver's Licensing of the Commonwealth of Pennsylvania, Department of Transportation, which has its principal place of business at the Riverfront Office Center, 1101 South Front Street, Harrisburg, Pennsylvania. 4. Petitioner is the owner of 1998 Nissan Aitima, VIN # 1 N4DL01 D3WC179660, Title # 55301106, License plate # GGJ4067. 5. The Appeal is taken from an Official Notice bearing a mailing date December 25, 2007. With that Notice the Bureau of Motor Vehicles notified Petitioner that it was suspending the registration of her vehicle for a period of three (3) months effective January 29, 2008 for failure to maintain financial responsibility (insurance) on the vehicle. A true and correct copy of the Bureau's Notice of Suspension is attached to this Petition as Exhibit "A". 6. The vehicle in question was previously covered under an insurance policy issued by AIG National Insurance Company, and is now covered under a policy of insurance issued by Progressive Specialty Insurance Company, with an effective date of October 30, 2007. A true and correct copy of the Declaration Page of the Progressive Specialty Insurance Co.'s auto policy on the Petitioner's vehicle is attached to this Petition as Exhibit "B". 7. The three (3) month suspension of Petitioner's vehicle registration is improper and illegal because: a. The vehicle was not driven during the time of lapsed insurance coverage, and the Department has no evidence that the vehicle was driven; b. The lapse in insurance coverage for the vehicle was only nine (9) days, and Petitioner has valid insurance on the vehicle in place currently. 6. The Petitioner requests relief pursuant to 75 Pa. C.S.A. §1786 (d)(3) - Supersedeas. As this matter is timely filed and service has been effected upon the Department's legal office.. WHEREFORE, Petitioner, Chi X. Pham, respectfully requests this Honorable Court hold a de novo hearing on his Appeal from the suspension of her vehicle registration and invalidate the registration suspension and issue orders consistent with the same to the Department of Transportation, Bureau of Driver's Licensing and Motor Vehicles. Respectfully submitted, McShane & Hitchings, LLC oseph L. itchin , Esquire Attorney for Defendant Attorney ID: 65551 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax No.: (717) 657-2060 Exhibit "N' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID* 073529999019674 001 TITLE# 55301106 PROCESSING DATE 071218 TRANSACTION CODE 00060 CHI X PHAM 10 W FACTORY ST MECHANICSBURG, PA 17055 OFFICIAL NOTICE MAIL DATE: 12/25/07 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: NISSAN YEAR: 1998 BODY TYPE: SEDAN LICENSE PLATE##: GGJ4067 TITLE##: 55301106 VIN##: IN4DLOID3WC179660 This information was requested because AIG NATIONAL INS CO notified us that the insurance policy covering the vehicle listed above was terminated on 10/21/07. Either no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 01 /29/08 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. DO NOT SEND CASH. Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. 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 mail date of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 Exhibit "B" CAPITAL REGION INS 510 N FRONT ST WORMLEYSBURG, PA 17043 CHI X PHAM 10 WEST FACTORY ST MECHANICSBURG, PA 17050 Policy number. 17432904-0 Underwritten by: Progressive Specialty Insurance Co October 31, 2007 Policy Period: Oct 30, 2007 - Apr 30, 2008 Page 1 of 2 717-731-1142 CAPITAL REGION INS Contact your agent for personalized service. driv m Auto Insurance Onlinea Service Online ce Service Make payments, check billing activity, update Coverage Summary policy information or check status of a claim. This is your Declarations Page $00T925-2s88 To report a claim. Your coverage began on October 30, 2007 at the later of 12:01 a.m. or the effective time shown on your application. This policy period ends on April 30, 2008 at 12:01 a.m. Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy contract is form 9610A PA (05/06). COLLISION COVERAGE FOR RENTAL VEHICLES IF THIS POLICY PROVIDES COLLISION COVERAGE, IT WILL APPLY TO VEHICLES YOU RENT, BUT NOT TO VEHICLES RENTED FOR 6 MONTHS OR MORE. Underwriting Company Progressive Specialty Insurance Co P.O. Box 6807 Cleveland, OH 44101 800-925-2886 Drivers and household residents Additional information ..................................................................................................................... CHI X PHAM First Named insured outline of coverage 1998 Nissan Altima Xe/Gxe/Se/Gle VIN 1N4DL01D3WC179660 limits ...................................................................................... Liability To Others Bodily Injury Liability Property Damage Liability ... rst...Pa..rt.r,ty"Bene.....fit...s...................................... Medical Expenses ....................................................... Income Loss ............................................................. Funeral Benefit ............................................................. Accidental Death .................................................. ........... Uninsured Motorist Nonstacked ............................................................. Underinsured Motorist - Nonstacked ............................................................. Tota16 month policy premium $15,000 each person/$30,000 each accident $25,000 each accident ..................................................................... Deductible Premium .................. $344 $5,000 each person ............................................................................... $1,000 each month/$5,000 maximum ................................................................................ $1,500 each person ................................................................................ $5,000 ................................................................................ $15,000 each person/$30,000 each accdent ................................................................................ $15,000 each person/$30,000 each accident ................................................................................ .................. 72 14 Form 6489 PA (04/07) Continued Policy number: 17432904-0 CHI X PHAM Page 2 of 2 Premium discounts Policy ............................................................................................................ 17432904-0 electronic funds transfer (eft) Vehicle ............................................................................................................ 1998 Nissan Altima Xe/Gxe/Se/Gle airbag Tort Option This policy provides limited tort insurance. Information Regarding Your Premium A surcharge of $189.00 due to violations or accidents is included in the total policy premium. Company officers -?Vuk?r atv__ President lz?+t Secretary Foim6499 PA (04j07) Online Payment Schedule and History Page 1 of 1 Print Close window Payment Schedule and History Name Address Phone Chi X Pham 10 West Factory St, Mechanicsburg, PA 17050 H:(717)275-6599 Policy Term Account Status EFT Total Unpaid Balance 17432904-0** 10/30/2007 to 04/30/2008 Active, paid to date Yes $223.97 * * Denotes New Billing System Current Bill Last Payment Received Renewal Downpayment Paid in Full Amount $75.67 due on 01/30/2008 $75.67 on 12/30/2007 $0.00 $223.97 Future Payment Schedule Issue Date 01/30/2008 02/29/2008 03/30/2008 History Payment Due Date 01/30/2008 02/29/2008 03/30/2008 Amount $ 75.67 $75.67 $75.63 Processed Date Description Payment Due Date Amount 12/30/2007 Payment - Eft (Posted: 12/30/2007) $-75.67 12/20/2007 Eft Bank Notification 12130/2007 $75.67 11/30/2007 Payment - Eft (Posted: 11/30/2007) $-75.67 11/20/2007 Eft Bank Notification 11130/2007 $75.67 10130/2007 Payment Schedule $0.00 10/3012007 New Business (Effective: 10/30/2007) $448.00 10/30/2007 Payment - Bank Account (Posted: 10/30/2007) $-74.69 Print Close window r lv com/interact-cgi/xps_bill_hist_prt.asp?type=l&ssb=ISSUE D... 1/7/2008 VERIFICATION I, Chi X. Pham, verify that the statements made in this Statutory Vehicle Registration Appeal are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ®?l Date f Chi X. Pham CHI X. PHAM, IN THE COURT OF COMMON PETITIONER PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA COMMONWEALTH OF DOCKET # PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, STATUTORY VEHICLE BUREAU OF DRIVER'S LICENSING, REGISTRATION APPEAL RESPONDENT AFFIDAVIT OF SERVICE I, Joseph L. Hitchings, Esquire, do hereby affirm that I have served upon the Department of Transportation, Bureau of Driver's Licensing, a true and correct copy of Chi X. Pham's Petition for Appeal of Vehicle Registration Suspension by sending said copy to the Bureau of Driver's Licensing by United States Postal Service, certified mail to the following: Office of Chief Counsel Department of Transportation Riverfront Office Center - 3rd Floor 1101 S. Front Street Harrisburg, Pennsylvania 17104-2516 This affirmation is made with the knowledge of the penalties of 18 P.S. §4904 relating to un-sworn falsification to authorities. Respectfully Submitted, McShane & Hitchings, LLC Date: January 24, 2008 By: 2. Jos h L. Stchings, s uire Attorney for Petitioner Attorney ID# 65551 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 ,^v`?' f hw?i ^h `ht ,]v?i1 ( " ? °y r^.? ?--, :?i '?7 t?.... °! t-? °f -t- '? 7 a?. / ?? ,? : v A ? y,.* JANE 9 2008 CHI X. PHAM, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER'S LICENSING, RESPONDENT STATUTORY VEHICLE REGISTRATION APPEAL ORDER OF COURT AND NOW, this day of , 2008, IT IS HEREBY ORDERED AND DECREED THAT the Petitioner's tion for a de novo hearing regarding the Bureau of Driver's Licensing of the Commonwealth of Pennsylvania's suspension of the vehicle registration IS GRANTED. Specifically, the Court further finds that Petitioner's Motion challenging the suspension was timely filed as it was filed within thirty (30) days of the mailing date of the Bureau's Notice. , This matter is set for = the o2 yt5 day of ejajAe 200, at ,? . • o'clock in Courtroom FURTHER, this Court directs The Department to stay its planned suspension during the pendency of this Appeal pursuant to 75 Pa. C.S.A. §1786(d)(3). BY THE COURT JUDG D' ribution: oseph L. Hitchings, Esquire, McShane & Hitchings, LLC, 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 Court Administrator i,,Pennsylvania Department of Transportation, Office of Chief Counsel l..aJI fS m7i(? alo8 /ce OF THE" ' -,N'O ARY 2008 FE _8 AM 11: 19 PE1'INSYLVANIII CHI X. PRAM, Petitioner V COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER'S LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-563 CIVIL TERM STATUTORY VEHICLE REGISTRATION APPEAL IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 24th day of April, 2008, this matter having been called for hearing, the court being satisfied that the 1998 Nissan Altima, license plate GGJ4067, was not driven during the period when it was uninsured, further hearing in this case is continued to give the appellant the opportunity to submit further proof of the effective date of insurance coverage, the parties to communicate with the court regarding this matter within thirty days. By the Court, Xhilip Bricknell, Esquire For Pa. Department of Transportation oseph L. Hitchings, Esquire For Petitioner :bg S {} r, .? j L.?'-... :. .l i. CHI X. PHAM, Petitioner VS. COMMONWEALTH OF PA., DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING: Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-0563 CIVIL IN RE: PETITION FOR APPEAL OF VEHICLE REGISTRATION SUSPENSION ORDER AND NOW, this 13 , day of May, 2008, upon agreement of the parties, this matter is remanded to the Department of Transportation for the purpose of rescinding the suspension of the petitioner's vehicle registration. BY THE COURT, 7 1J i . Hess, J. `Joseph Hitchings, Esquire For the Petitioner '1-1-Phillip M. Bricknell, Esquire For PennDOT Am C1c'es macLC F R ? ?? ? ? ? ? ??? ti w? 3 ? ?o?? `t'? r",- O .+?,_