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Home My WebLink About04-0668ROBERT PETERS, JR., Petitioner V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket #: O 5/ - 6 6 F PETITION FOR REGISTRATION SUSPENSION APPEAL 1A? AND NOW, this I -1y of February, 2004, comes Petitioner, Robert Peters, Jr., by and through his attorney, Wendy J. F. Grella, Esquire, and the law firm of Griffie & Associates, and respectfully avers as follows: 1. Petitioner, Robert Peters, Jr., is an adult individual currently residing at 315 North Baltimore Avenue, Apartment 1, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Respondent is the Pennsylvania Department of Transportation, Bureau of Driver Licensing, (hereinafter referred to as "Department") and has a mailing address of Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. Petitioner received a notice of registration suspension with a mail date of January 18, 2004, alleging that his registration privileges are to be suspended for three (3) months effective February 22, 2004, at 12:01 a.m., as authorized by §1786(D) of the vehicle code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. Said proposed suspension with an effective date of February 22, 2004, is improper, illegal, and invalid because Petitioner sent in the appropriate fee to continue financial responsibility (insurance) on his vehicle and Petitioner never received timely Notice of his suspension. 5. Petitioner is in the middle of divorce proceedings and his wife is residing in the former marital residence. 6. Petitioner's wife has failed to inform and forward mail to Petitioner. 7. Petitioner knew that his insurance payment was coming due and sent in the appropriate payment to the insurance company however, said payment allegedly was never received nor cashed by the insurance company. 8. An initial Notice of suspension/inquiry was sent to Petitioner from the Department dated December 2, 2003, inquiring and requesting verification of insurance. 9. Petitioner received this letter in approximately mid-December, 2003 at which time he immediately contacted the Department to discuss resolving this matter however, said license suspension then followed. WHEREFORE, Petitioner requests your Honorable Court to issue a supersedeas of the suspension set forth in Exhibit "A" pending a final determination of this matter. Respec Wendy Attorne GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing 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 unsworn falsifications to authorities. DATE: rI? IXII AB i R ETERS, J . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAIL DATE: 01/18/04 Information (7:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of State 717-391-6190 TDD Pennsylvania 800-228-0676 ROBERT PETERS JR TDD Out of State 717-391-6191 315 N BALTIMORE AVE APT 1 MT HOLLY SPGS, PA 17065 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: MAZDA, BODY TYPE: SEDAN, VIN NO: 1YVGF22DIW5758511, TITLE. 52528019, TAG NO: EBR0285. This information was requested as a result of this Bureau being notified by PROGRESSIVE CASUALTY INSURANCE CO that the insurance policy covering the vehicle was terminated on 11/03/03. 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 02/22/04 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 11/03/03, 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 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. We have enclosed a of your registration sticker and card. for use when corresponding and a label to assist with the return You have the appeal this suspension to the Court of Common Pleas of the the court. The co6v must he EXHIBIT A of your By Order of Director Bureau of Motor Vehicles Department of Transportation 040111 00060 04011 9999 016474 001 ROBERT PETERS, JR., Petitioner V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket #: CERTIFICATE OF SERVICE I, Wendy J. F. Grella, Esquire, hereby certify that I did, the _a day of February, 2004, cause a copy of Petitioner's Petition for Registration Suspension Appeal to be served upon the following individuals by first class mail, postage prepaid at the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor - Riverfront Office Center Harrisburg, PA 17104-2516 Wendy J. F. Gre , Attorney for etitio, GRIFFIE & SSO( 200 North Hanover Carlisle, PA 17013 (717)243-5551 (800)347-5552 Y n.> ?? ? ? ?? c .?l ? ?,? _? T ?? 1? n '?1_1 ..? ? 1 ' 7 V ? `.J ` ?? U? ? ??. `? v ROBERT PETERS, JR., Petitioner V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent FEBr t I a 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket #: 0 q 6 G ORDER OF COURT AND NOW this da of14Y , 2004, upon consideration of the within Petition, it is hereby ORDERED and DECREED that a hearing be held on the X1 day of 2004, at 9 ; 0 .m. in Courtroom #_?L of the 61 Cumberland County Courthouse, Carlisle, Pennsylvania, to determine the validity of the suspension outlined in Exhibit "A" of the Petition. Notice of said hearing shall be given to the Department of Transportation by Petitioner's counsel by certified mail at least thirty (30) days prior to the date of the scheduled hearing. Pursuant to §1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas and Petitioner's registration and operating privileges shall not be suspended pending a final determination of this matter. BY THE COURT, J. Wendy J. F. Grella, Esquire Griffie & Associates, 200 N. Hanover Street, Carlisle, Pennsylvania Pennsylvania Department of Transportation ri hZ ? b ?1- I 4vtd'al k`cJL?JOlv?10'd 3Hi ?t? ROBERT PETERS, JR., Petitioner VS. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-668 CIVIL ORDER AND NOW, this 1-0. day of May, 2004, this matter having been called for hearing, it appearing that the petitioner has sold the subject vehicle and that he intends to surrender its registration plate to the Department of Transportation, the within appeal is DISMISSED as moot. BY THE COURT, A. Hess, J. t.Vendy Grella, Esquire For the Petitioner ,-George Kabusk, Esquire For PennDOT Am 20-0?1 LIAJ .t N, n 0 '):11 l`" 0 Ej,"i ±aLl 0 i Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QJ4 - L (e A CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573