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Home My WebLink About09-4204COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009 - y .s, o Y ?c?n?! / t.?,•? WILSON E. HERSCHER, Petitioner CIVIL ACTION - LAW PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING VEHICLE REGISTRATION AND NOW, this 14th day of June, 2009, comes the Defendant, Wilson S. Herscher, by his attorneys, Irwin & McKnight, P.C., and makes the following Petition representing the following: 1. The Petitioner is Wilson S. Herscher, an adult individual residing at 39 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Petitioner currently possesses a valid vehicle registration which has not heretofore been suspended, canceled, or revoked. 3. On or about May 26, 2009, the Petitioner was notified that his vehicle registration by the Department of Transportation had been suspended effective June 30, 2009 at 12:01 a.m. for the alleged reason that he had violated Section 1786(d) of the Vehicle Code. 4. The allegations made in the Official Notice dated May 26, 2009, were that Allstate Fire and Casualty Insurance Company notified the Department of Transportation, Bureau of Motor Registrations that the insurance policy covering the vehicle listed in the Notice was terminated on March 3, 2009. A copy of this Notice is attached hereto and marked as Exhibit "A" and incorporated herein by reference. 2 5. The suspension is improper because on the date and time in question, the Petitioner, Wilson S. Herscher, had insurance coverage on said vehicle. Therefore, the proposed suspension is improper. WHEREFORE, the Petitioner, Wilson S. Herscher, requests that his matter be scheduled for hearing de novo before your Honorable Court as provided by 75 Pa. C.S.A. Section 1547 and Section 1550 and 42 Pa. C.S.A. Section 933, and that the Order of the Department of Transportation be dismissed. Respectfully submitted, IRWIN & M IGHT, P.C. ,7?? BY: C i , III, squire 60 Wes Pomfret Street Carlisle, Pennsylvania 17013 7) 249-2353 Attorney for the Date: ?q Zo c No. 25476 3 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID* 091399999013759 001 TITLE# 54377711 PROCESSING DATE 090519 TRANSACTION CODE 00060 WILSON E HERSCHER X44 WINCHESTER GARDENS CARLISLE, PA 17013 OFFICIAL NOTICE Dear Customer: MAII. DATE: 05/26109 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: CHEVROLET YEAR: 2000 BODY TYPE: TRUCK LICENSE PLATE: POPEY22 TITLE: 54377711 VIN#: IGCCT19WXY8187858 This information was requested because ALLSTATE FIRE AND CASUALTY INS CO notified us that the insurance policy covering the vehicle listed above was terminated on 03/04/09. 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 06/30/09 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 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. ILSON HERSCHER 2'007 ? + Date: # 4 I ' COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009- WILSON E. HERSCHER, Petitioner CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, certified mail no. 7007 2680 0003 0345 1420, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, P. Floor Harrisburg, PA 17104-2516 IRWIN & McKNIGHT, P.C. By: Marcus . M ight, III, E? 60 West o et Street Carlisle, PA 7013 (717) 249-235 Supreme Court I.D. No. 25476 Date: 5 OF T 290;9 Jl X122 f'f'1 u: 2 7 7SP'. Zload -a? ? 112-3. .A'?'-l :2 .2 70 /? JUN 2 4 2009 G COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009 - 171o201Y eu4l WILSON E. HERSCHER, Petitioner CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ?OOL day of June 2009, upon consideration of the foregoing Petition, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending the vehicle registration of the Petitioner should be dismissed. The Hearing will be held in Courtroom No. a of the Cumberland County Courthouse, Carlisle, Pennsylvania on 7?A , 2009, at m. The notice of the vehicle registration suspension of the Commonwealth of Pennsyl stayed pending this appeal. By: portation is hereby 1 FILED--ffFIC E OF THE PF , 0TI?'+Y?TA„gY 2009 JUN 30 PH 1: 14 z/50/09 _ C'oF, iEs Irtat lvc_c ? ?? Efj CrP `T4a4-e ?oj-a 104 WILSON E. HERSCHER, IN THE COURT OF COMMON Apellant PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 09-4204 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER AND NOW, this 7T" day of October, 2009, the appeal filed in the above referenced matter is: REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. Q _ CONTINUED AND RESCHEDULED FOR THE ol"g DAY OF _ kJX&mjYA , 2009, AT /U -'UO a.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. BY J. Attest: Marcus A. McKnight, III, Esq., 60 W. Pomfret Street, Carlisle, PA 17 3 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 FILED-40 ROVE OF THE PRo7 j i-IONMARY 2009 OCT -7 AM 11: 26 CUNl-txii.;-4 tiU ?UUNTY PENNMANIA