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HomeMy WebLinkAbout08-5029Name: ho r\+e_scw ?\ ?n S? M Address: S- 12, b ra- Ct- Rd . City: Cr-r 1? sl c , PA Zip: G f .? Telephone: ? - 712 701- D J& Email: 3! n 3e-%,r e.. `'''•` ?` Qn?tsa. M V. IN THE COURT OF COMMON PLEAS COMdto-eA 'o COUNTY, PENNSYLVANIA : () ?-- SO 3--q c" ! -F c.rr+,- NO: CV ------ '..S- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING APPEAL FROM THE SUSPENSION OF OPERATING/REGISTRATION PRIVILEGES AND NOW, Petitioner, respectfully avers as follows: 1. Petitioner, o,%+e s lr'k o ,resides at ?1 1 f, + ???G c c Petitioner's Pennsylvania Operator's/Title Number is 2 ?eeYf 9 y7 2. PennDOT proposes by Notice dated 7 23-c r to suspend Petitioner's operating/registration privileges for a period of 3 ?01-Mi days/months/year(s), pursuant to Section of the Vehicle Code, effective . F'.22-6 d 3. The withdrawal and suspension of Petitioner's operating/registration privileges is unlawful for the following reasons: X,% r. I ; 1I ; Cow c -?? F° s 0.'k-t G c A r cD --4?- ?% r tf„ SIS R`s G 1' 'l n ci^ r e . Revised 5-07 © Dauphin County Court of Common Pleas WHEREFORE, Petitioner respectfully requests that this Honorable Court allow him/her to take an appeal from the suspension of his/her operating/registration privileges. Respectfully Submitted, 'gnature of Petitioner 7- 21-oX Date Revised 5-07 © Dauphin County Court of Common Pleas C G .+ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT GkTRANSPOR' -MgON BUREAU OF MOTOR VEHICLES PO' BOX 686741 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us a, WID# 081989999021337 001 +? TITLE# 62481947 PROCESSING DATE GfQ16 TRANSACTION CODE 00060 `MoNT SA TRAPP . 32.'?IYNNEWOOD RD tI-ADELPFtxIA, PA 19151 } a , " OFFICIAL NOTICE MIL DATE: 07(23/08 Dear Customer: J The DePartment recently re`9uested that you Prdvide"us with proof of financial responsibility (insurance) ,h for t e following vehicle: 14IAKE:.I,EEP YEAR: X20 BODY TYPE:.;,SEDAN LICENSE PLATE##: JUSFAB TITLE: 481947 VIN#: 1J4GL38K46W 117982 This information was requested because AIG NATIONAL MS CO' notified us that the insurance poii,cy covering - ?the 'vehicle listed aboYp, vas terminated on 05/19/08. Either - o response was received or the inf6rrn txin you ' ved was not able. ms's s As a result, the registration "far the vehiclOlisted above will be suspended for three months ective 08/27/08 at 12:01 AM as authorized b "Section 1786 Y (td) 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 not4x%4n until the D artment receives your registration-prodpcw itiw.wk, you are required to pay•a restoration fee in the amount of $50 to ?t'accordance the Department with e` ction-1960 of the Vehicle Code. Please make, check or money order ?yabl`e to the PA Department "of Transportation. DO ?40T 4E1 V% ii --Within 30 days of your, e-date- for restoration, you will also be required to show proof of insurance for this vehicle. t Net V-4r, return a , reg on plate, sttoker;ai card. When the I)epartril atfonp ad cts,a:v?e ' , ' $ `endYoo - within 3g that they were received ? g ?w?.. ? ys}nr ft registratia_°tt : to.. ent you do not rv? ?a ICiter s _tt priduts• 04 were recei 71 You have the right,! t + to the Court of Common Pleas of the county of yodr residence within zthirty(30) xyAvf, 'lkb .;: If you fide an appeal in the County court,; tfie Court will give you a.. time-slant a In order for the aj to be valid, you h.1, lend this time stamped i certified co, t mail to: Pennsylvania Dot of Tranoortation Office of Chief Ci0t1 1101 S Febiii ?91f Flood s t Harrisburg, PA # 516 ?? Am Gen Fin Svcs or affiliate P.O. Box 3893 Evansville, IN 47737 MONTESA M TRAPP 832 WYNNEWOOD RD PHILADELPHIA PA 19151 Dear Montesa M Trapp: NOTIFICATION OF INSURANCE PREMIUM ADD-ON June 24, 2008 3494532/CPV0476981 38076702 An Auto policy in the amount of $12,780.00 was recently issued to cover the collateral on your account with American General Financial Services or affiliate in CHELTENHAM, PA. Information regarding policy coverage dates and premium amount are listed below: Coverage Begins: 05/19/2008 Premium Amount: $ $1,426.00 Coverage Ends: 05/18/2009 Estimated New Monthly Payment Amount: $ 513.24 Beginning Date of New Monthly Payment: 08/2008 on the day of the month your payment is due. Ending Date of New Monthly Payment: 05/2009 on the day of the month your payment is due. Your account is being adjusted so that you will repay the Premium Amount over a 10 month period. The estimated new monthly payment amount, shown above, is made up of (1) the minimum monthly payment as calculated according to the terms of your loan agreement; (2) one-tenth of the Premium Amount; and (3) interest on the Premium Amount. If your account is a Revolving Line of Credit, this amount may vary to the extent that your minimum monthly payment as described in your loan agreement may vary. In addition, because interest is charged on the premium on a daily basis, the payment will vary based on the number of days in each billing cycle. Rather than paying the new monthly payment as described above, you may pay the Premium Amount in full within 10 days, and if you do so, no interest will be charged on the Premium Amount. You may thereafter pay the Premium Amount in full at any time; interest will accrue on the Premium Amount until paid, but by paying in full you will avoid additional interest charges. If your account has the Direct Pay option, where your payment is automatically deducted from your checking or savings account, the payment to be debited to your account will be in the new amount as described above. Interest will be charged on the premium amount at the Annual Percentage Rate described in your loan agreement. If your account is a Revolving Line of Credit and within the Draw Period, access to your account has been suspended. If you provide us with current proof of adequate insurance, and your account is at that time within the Draw Period, we will, within a reasonable time after receipt of such proof, automatically reinstate access to your account, provided that you are not otherwise in default of the terms of your loan agreement. Before using your account, contact us to make sure that your account has been reinstated. If you have questions, you may contact us at 1-888-849-7510 Monday - Friday, 8:00 am to 5:00 pm CST. PA add DKY YOSEMITE INSURANCE COMPANY A Stock Company (herein called the Company) Home Office: PO BOX 159 EVANSVILLE, IN 47701-0159 (888) 849-7510 Creditor Placed Vehicle Physical Damage Insurance 0003494532 CPV0476981A1 DECLARATIONS F BORROWER: NAME AND ADDRESS Montesa M. Trapp 832 Wynnewood Rd Philadelphia PA 19151-3412 L COVERAGE PERIOD REPORT CLAIMS TO CREDITOR BELOW CREDITOR: ?RESS eneral American Financial Services or it's affiliates doing business in Pennsylvania PO Box 206 LCheltenham PA FROM TO TERM OF INS. COVERAG RATING BASIS PREMIUM 05/19/08 05/19/09 12 TERM IN 12,780.00 5 11426.00 12:01 A.M. 12:01 A.M. MONTHS YEAR 06 Jeep Liberty DESCRIPTION OF COLLATERAL MAKE MUNICIPAL IDENTIFICATION NUMBER TAX IF APPLICABLE li4gl38k46wll7982 CODE TOTAL PERILS COVERED DEDUCTIBLE COLLISION $100 4.20% OF THE AMOUNT OF LOSS COMPREHENSIVE MAXIMUM DEDUCTIBLE FOR ANY ONE LOSS OF $250. NOTICE TO BORROWER 1,426.00 This certificate is for limited physical damage insurance and satisfies the Insurance requirements of the credit agreement with your creditor. It was issued according to the terms of your credit agreement, in absence of evidence that you have other such insurance protecting the creditor's interest in the collateral. The premium has been added to your account with the creditor. If you now have or should later obtain other insurance, please ask your agent or insurance company to notify the creditor shown above so that your account may be credited with any applicable premium refund for termination of this coverage. This insurance will never provide an amount of coverage greater than the net amount you owe on your debt. It provides limited coverage against physical damage to or theft of the collateral. In the event of a loss the company's liability will not exceed, and in some instances may be less than, the scheduled net unpaid balance you awe the creditor at the time of loss, less a deductible. Please refer to the "Certificate of Insurance" for a full description of the terms and limitations of this coverage. THE COMPANY HEREBY WANES AND RELINQUISHES ANY RIGHT OF SUBROGATION AGAINST THE BORROWER WITH RESPECT TO ANY CLAIM PAID UNDER THIS INSURANCE COVERAGE. THIS INSURANCE DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY PROTECTION AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW OR ANY STATUTORY REQUIREMENT OF NO-FAULT COVERAGES. Thomas D. Graber CPV-DEC Secretary PAI-131 (2-02) c ? Frederick W. Geissinger President CERTIFICATE OF INSURANCE In this Certificate, "we", "us" and "our" refer to Yosemite Insurance Company. "You" and "your" refer to the Borrower. INSURING AGREEMENT In consideration for payment of the premium and the deductible, we agree to provide limited insurance protection to the Borrower, as well as the Creditor. This benefit concerns only the article(s) of collateral that are described in the Declarations and covers only loss or damage occurring within the period of coverage of this Certificate as a result of the perils stated below. Your benefit Is limited to the COMPANY'S SETTLEMENT OPTIONS APPLICABLE TO BORROWER provision below. It is also limited by the DEDUCTIBLES which apply and by all other terms and conditions of this Certificate. A. COVERAGE: This insurance covers direct and accidental loss of or damage to the insured collateral occurring prior to repossession or abandonment from the perils listed below. 1. Comprehensive Perils - Any physical damage or loss caused by a peril other than collision or upset. 2. Collision or Upset - Any physical damage or loss caused by collision with a vehicle or object, or by upset. B. COMPANY'S SETTLEMENT OPTIONS APPLICABLE TO BORROWER: This is limited physical damage coverage. Our liability to you shall not exceed the lesser of the following, less the applicable deductible stated In Article C: 1. The cost to repair or replace the collateral at our option; 2. The unpaid account balance you owe the Creditor under the eligible credit transaction on the date of written notice of loss (not to exceed the scheduled unpaid balance plus 3 past due monthly installments) less unearned finance charges, unearned insurance premiums, late charges and the "net salvage" value of the collateral following the peril occurrence; or 3. The actual cash value of the collateral Immediately prior to the peril occurrence, less the "net salvage" value of the collateral following the peril occurrence. The actual cash value shall be based upon the average retail value of the collateral according to an accepted standard price publication then in effect. In no event will our liability exceed the amount shown as "Rating Basis" in the Declarations. At our option we may pay for the loss in money E. or may repair or replace the collateral or the damaged part with like kind and quality. If the collateral is stolen and recovered prior to settlement, we may return the collateral with payment for any resultant damage or may take all or such part of the collateral at the agreed or appraised value. There shall be no abandonment of collateral to us. We may settle any claim for loss with either the Creditor or you, as your Interests may appear; however, upon demand to us by the Creditor, the amount of the loss shall be paid directly to the Creditor. Upon payment of a total loss or a series of partial losses which cumulatively equal the original rating basis, the Borrower's Certificate shall be cancelled and the premium shall be fully earned. DEDUCTIBLES: In the event of loss or damage to the collateral caused by a single peril occurrence covered under this Certificate, it is understood and agreed that from the amount of any loss benefit payable by us, you shall first pay a Basic Deductible of $100 plus 20% of such loss up to a maximum deductible of 50. Where a claim settlement Involves loss of or damage to the collateral caused by more than one peril occurrence: (1) there shall be applied to the largest loss a deductible equal to the Basic Deductible; and (2) for each additional loss there shall be applied a deductible of $100. MULTIPLE ITEMS OF COLLATERAL: Our liability for loss of or damage to any one item of collateral shall in no event exceed the proportion of the unpaid account balance which the value of said collateral bears to the aggregate value of all securing collateral as of the date of loss. The account balance may include up to but not more than three past due monthly Installments, less unearned finance charges, unearned insurance premiums, late charges and the "net salvage" value of the collateral following the peril occurrence. PAIRS AND SETS: In the event of loss or damage to collateral involving a part of a pair, set, series of objects, pieces or panels, either exterior or interior, at our option, C. D. we may: CPV-CER-PA PAL211 (7-98) of . O. TERRITORY: This Certificate applies only to direct and accidental loss of or damage to the insured collateral. The loss must be sustained during the Certificate period and while the collateral is within Canada or the United States of America and its territories or possessions, or while being transported between ports thereof. P. EXCLUSIONS: This coverage does not apply to any of the following: 1. Property of any kind, or equipment, parts or accessories other than standard factory equipment with which the collateral came equipped from the manufacturer, unless it was included by the dealer In the original purchase price; 2. Any special paint, unless it was included In the original purchase price from the dealer; 3. Any loss due to war, hostile or war-like action, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition which is a part of or incident to any of the foregoing; 4. Any damage to the collateral due to wear and tear, neglect, freezing, mechanical or electrical breakdown or failure; S. Any loss due to conversion, embezzlement or secretion by any person who has lawful possession of the collateral under a lease agreement, conditional sales contract, mortgage or other encumbrance; e. Any loss due to radioactive contamination or nuclear reaction; 7. Any foss due to seizure or taking by a duty constituted civil authority; ?e Thomas D. Graber Secretary 8. Any collateral which is used In any illicit trade or transportation at any time; 9. Any loss or damage to collateral while used in a race, speed contest or exhibition; 10. Any collateral used as a public or livery conveyance or taxi; 11. Any collateral used as an emergency vehicle which includes ambulances, fire or police department units and wreckers; 12. Deliberate alteration of collateral by you without the Creditor's permission; 13. Collateral securing a wholesale, floor plan, or similar dealer loan; or 14. Loss or damage due or confined to a manufacturer's defect. Q. PAYMENT FOR LOSS - ACTION AGAINST COMPANY: Payment for loss may not be required nor shall action lie against the Company until: (1) you have fully complied with all the terms of this Certificate; (2) 30 days has elapsed after the filing of the proof of loss; and (3) the amount of loss Is determined under this Certificate. R. MODIFICATIONS: All changes or modifications made by the Company are signed by Its President, Vice President or Secretary. No other person can alter or waive any of the conditions of this Certificate or make any agreement which shall be binding upon the Company. S. APPRAISAL: If you and the Company fall to agree as to a settlement following a loss, appraisal provisions within the Policy may apply. A copy of the Policy may be viewed at the Creditor's place of business during normal business hours. t 1 Frederick W. Geissinger President CPV-CER-PA PAL213 (7-98) N W c " am 71 c -.,- nr `? M on-tc-scx- 1 . CAP b V. : IN THE COURT OF COMMON PLEAS Cb(nQERLhNfl :OUNTY, PENNSYLVANIA NO: CV ---? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING SCHEDULING AND SUPERSEDEAS ORDER AND NOW, this day of A a 20 OAS , upon presentation of the within Appeal From Suspension of Operating/Registration Privilege, it is hereby ordered that a hearing on this matter shall be held on the /00.rk day of 201, at 3l? o'clock a-,.m. in Courtroom No. of the(?mkd--j County Courthouse,C 1 511 IL , PA. The action of the Pennsylvania Department of Transportation in suspending the driving/registration privileges of the petitioner is hereby stayed pending a final decision of the court to the extent providltBd ?nder §§1550(b) :Ida. 1377 of the otgr/ Vehi mot' oa tc.i)f h ? 4u t_U S? ?O VS I S 1??g211?2 pct (O S Z Codes Petitioner must serve a copy of the appeal on the Pennsylvania Department of Transportation. BY THE COURT: dlllr-7 - J DISTRIBUTION: Ptioner's Name and Address nnsylvania Department of Transportation, Office of Chief Counsel, Third Floor, /erfront Office Center, Harrisburg, PA 17104-2 Revised 5-07 © County Court of Common Pleas ,.goo r ? r MONTESSA M. TRAPP, V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5029 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF REGISTRATION PRIVILEGES BEFORE OLER, J. ORDER OF COURT AND NOW, this 19th day of December, 2008, upon consideration of Petitioner's Appeal from the Suspension of Operating/Registration Privileges, and following a hearing held on December 18, 2008, the court, while finding the testimony of Petitioner entirely credible, is nevertheless constrained by the law applicable to the circumstances to deny the relief requested. Accordingly, Petitioner's appeal from a suspension of vehicle registration noticed by a mailing from the Department of Transportation dated July 23, 2008, is denied and the registration suspension referenced in said notice is affirmed. BY THE COURT, Wesley O r, Jr., J. .Iontesa M. Trapp 832 Wynnewood Road Philadelphia, PA 19151 Petitioner, pro Se h A 9S =Usi WN 61 330 RD01 f N hilip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent