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Home My WebLink About04-1891IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN KIRK and KARA B. KIRK, Petitioners COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW .APPEAL FROM :SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 27th day of April, 2004, come the Petitioners, Allen Kirk and Kara B. Kirk, by their attorney, G. Patrick O'Connor, Esquire, and present the following appeal: 1. The Petitioners, Allen and Kara B. Kirk, are adult individuals residing at 100 Sgrignoli Lane, Enola, PA 17025. 2. The Petitioners have been notified by the Department of Transportation that, effective May 5, 2004, their vehicle registration privileges for their Chevrolet Track, V1N No.: 3GNEK13T83G248418, Title: 59415903, Tag No.: APMUSIC will be suspended for a period of three (3) months as a result of the alleged violation of Section 1786(d) of the Vehicle Code, Required Financial Responsibility. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 3. The Petitioners have also been notified by the Department of Transportation that, effective May 5, 2004, their vehicle registration privileges for their Plymouth Sedan, VIN No.: 1P3ES46C9YD723696, Title: 54560851, Tag. No.: FGW3083, will be suspended for a period of three (3) monttn~s as a result of the alleged violation of Section 1786(d) of the Vehicle Code, Required Financial Responsibility. A copy of said notice is attached as Exhibit "B" and incorporated herein by reference. 4. The Petitioners did not receive notices from their insurance carrier, Capitol Insurance Company, prior to cancellation, that their insurance policy for the two above named vehicles would expire or be canceled, or that an additional premium was due. 5. The Petitioners aver that they did not knowingly fail to pay a premium that led to cancellation of their insurance on the two aforementioned vehicles. 6. The Petitioner respectfully reserves the right to file additional and supplemental reasons in support of the instant Petition should additional facts or defenses be later discovered by counsel. WHEREFORE, PURSUANT TO 75 P.S. Section i[550, the Petitioner respectfully requests that this Honorable Court set a hearing on this matter and that it further order the immediate restoration of Petitioner's vehicle registration privileges until further Order of this Court. Respectfully submitted, · Pat:rick O'Com~or, Esquire Attorney No. 64720 3105 ()Id Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is tree and accurate to the best of my knowledge, information and belief. JPat~ick O'Connor, EsqUire ALLEN & KARA B KZRK 40~ ERFDRD RD CAHP NZLL, PA COMMONWF~LTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8&74 OFFICIAL NOTICE MAIL DATE: Information (?:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of State 717-391-6190 TDD pennsylvania 800-228-06]6 TDI], Out of State 717-391-6191 You wer~ _k,~e~_fly requmted by the Bureau of Motor Vehicles to provide proof of fmaueial responsibility (iusarance) envering the Ol~'etiou of the following vehieie: MAKE: CHEVROLET, BODY TYPE: TRUCK, VIN NO: 3GNEK13T83G248418, TITLE: S941~03, TAG NO: APMUSIC. This information wu requested as a mult of this Bumm being notified by CAPITOL INSURANCE COMPANY that the insurance policy covering the vehie~ was term__i~ated en 01/25/04. Either no response was received or the information you provided indicated a lepus of enweng~ which was not permitted under Section 1786 of the Vehicle Code. As i r~ult, the vdficle registration privilege will be suspended for three months effective 0~/0~]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 rm~eidm~dion of this ottO' by suhinitting a copy of your insurance identification card, the declaration page of your of in.--,., or au for as er~,L,~e that the deartibed motor vehicle was eont,nuonsay covered t~y unon,;y msuram.~ ....... inaurauee covesgge, you must provide this Bureau with proof of insurance indicating au effective date of coverage of less than 31 days from 01125104, and ~ provide a notarized affidavit stating that yonr vehicle was not operated during ~hl~ time. It is necessury for you to provide copies of the insurance documents md return them with this nofifientiou. 'A self addressed label is enclosed for your convenience. Pleuse note that original documents will not be returned. TI~ is a ImM order of suspension and unless you receive notice from this Department that reconsideration was granted, you will he required to return your current regist~tion 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 r--~oration fee in the amount of $50.00, to the Department in aeenrdanec with Section 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee infurmetien. We have enclosed z salt. addressed envelope fcc use when enrreepondinll and a mailing label to assist with the return of your registrathin plate, sticker and card. Yon have the right to appenl this suspension to the Court of Common Pleas of the county of your residence within thirty (30) daya of the date of this notice. Sending a copy to this Department of a timdy, fded append will stay the Department's action pendinll a final decision by the court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFI,'~CE OF CHIEF COUNSEL, THIRD FLOOR, RIVF.,RFRONT OFFICE CENTER, HARRISBURG, FA I,/104-2516. EXHIBIT "A' B}~ Order of Bur~u of Mo~' Yd~ick~ Delmtmmt of Tramp~tatim 040324 00060 04084 9999 039S78 001 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX fi~674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAIL DATE: 03131104 ALLEN D & KARA B KXRK 40~ ERFORD RD CANP HXLL, PA ~?0~ Information (?:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of State 71%391-6190 TDD Pennsylvania 800-228-0676 TDD Out of State 717-391-6191 You were recently requested by the Bureau of Motor Vehidce to provide proof of financial reslamsibllity (insurance) covering file operation of the following vehicle.' MAKE: PLYMOUTH, BODY TYPE: SEDAN, VIN NO: IP3ES46C9YD723696, TITLE: ~4.560851, TAG NO: FGW3083. This information wns requested as a result of this Bureau being notified by CAPITOL XNSURANCE COMPANY that the insurance Im#ey covering the vehiein was terminated on 01/2~/04, 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 (:ode. As a remit, the vehicle registration privilege will be suspended for three months effective 05105104 at 12:01 A.M. as authmimi by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. Yon rusty oblain _re~,__miderafion of this order by suinnitting a cepy of your insurance identification card, the dedasation page of your insurance policy, a valid bi~der of insuronce, ur an ~pplicaOon fur insurance to the Pennsylvania Auto Insurance Plan ns evidence film the described motor vehicle was continuously covered by liability insuronee. If there was a lapse in insuraace coverage, yon must provide this Bureau with proof of insurance indicating au effective date of coverage of less tlma 31 days from 01/25/04, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is necemary fur yon to provide copies of the insurance documents and return them with this notification. :A sdf addressed label is enelceed for your convenience. Piceas 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, yon 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. Yon will he required to pa)* ', restoration fee in the amount of SS0.00, to the Department in ?__~_rdance with Section 1960 of the Vehicle Code. Please see the enclosed applicstfion fur additional restoration fee information~ We have enclmed a sdf. addressed envdope for use when corresponding and a mailing label to ~.izt with the return of your registrMion plate, sfidtec and card. You have the fight to appeal this suspension to the Court of Common Pleas uf the ceunty of your residence within thirty (30) days of file date of this notice. Sending a copy to this Department of st timdy, filed appeal will stay the Deparlment's action pending a final decision by the court. The copy must be sent by certified mail PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OI~YtCE CENTER, HARRISBURG, PA 17104-2516. EXHIBIT "B" By Order of Director Burea~ of Motor Vehicles nqmrtmmt of Trzmspm'tation 040324 00060 04084 9999 039~78 001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN KIRK and KAPok B. KIRK, Petitioners V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION ]PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States cevlified mail, postage prepaid, at Camp Hill, Pennsylvania: pENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104-2516 ~'~. Patrick O Connor, Esquire Attorney No. 64720 3105 ()Id Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUM]~ERLAND COUNTY, PENNSYLVANIA ALLEN KIRK and KARA B. KIRK, Petitioners COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES ORDER AND NOW, this _~day of gl/[ ~ ~ ,2004, upon consideration of Petitioner's Appeal from Suspension of Vehicle Registration Privileges, a hearing is scheduled for .02 ~-~t~ , d_.m., in Courtroom No. / ~. , at ] Cumberland County Courthouse, Carlisle, Pennsylvania. i~ViO~Ol~iO~ ~i ~0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN KIRK and KARA B. KIRK, Petitioners V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NC). 04-1891 Civil Term CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please mark the APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION filed on April 28, 2004, in the above-captioned action, as Withdrawn. Thank you for your consideration. Dated: August 19, 2004 Attorney for Plaintiff I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Permsylvania 17011 Phone: 717-737-7760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN KIRK and KARA B. KIRK, Petitioners V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 04-1891 Civil Term CIVILACTION- LAW APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104 DATE: August 20, 2004 JG. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ALLEN KIRK and : KARA B. KIRK, : Petitioners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, : Respondent : CIVIL ACTION - LAg[ NO. 04-1891 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of August, 2004, upon consideration of the praecipe to withdraw Petitioners' appeal from suspension of vehicle registration privileges, filed on August 20, 2004, the hearing scheduled for August 23, 2004, is cancelled. BYTHECOURT, G. Patrick O'Connor, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Petitioners George Kabusk, Esq. Assistant Counsel Pennsylvania Department of Transportation Riverfront Office Center Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent ;rc