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HomeMy WebLinkAbout04-2209COMMONWEALTH OF PENNSYLVANIA VS, De~. Statutory Appeal Docket No. SA L>q-.2 oq PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE/REGISTRATION PLATE NUMBER. TO THE HONORABLE JUDGES OF SAID COURT: 1. Petitioner is residing at ~ 2A. On or about an individual , 20 ¢~, petitioner received a notice from the PA Dept. of Transportation notifying him/her that his/her present operator's license, bearing card number was being suspended as of by reason of violation of Vehicle Code ~'/~--~ , 20, or. (STRIKE OUT THE INAPPLICABLE CLAUSE 2A OR 2B) 2S. On or about ~'/"'~/~:~/" , 20¢3~--/', petitioner received a notice from the PA Department of Transportation notifying him/her that his/her present registration plate number Y~4/~ was being suspended as of ~/--/,¢~-'-O~-f , 20 ~ A copy of said notice is at~ached hereto and marked Exhibit "A" 3. Petitioner respectfully prays that this appeal be allowed under Section 1550 of the Vehicle Code; that en, ,l~m°~ ;°a nd:t teh imps i ~n; p~ha~ 'ahcetr aP:'~",¢ ~; re ;~t'jse c~ et n°d~nU; Psear~;i(~ aC ;i nh ig.s/her rr.~-~",',*~b 'v ~,_, ",depose and say that the averments o! the facts contained in the within appeal are true and correct to the beat o! my knowledge. SWORN TO AND SUBSCRIBED BEFORE ME ' {My Te~ Expires The RrM M~a=y ~ Janua~ ~0 ' ) NOTARIAL SEAL CLAUDIA A, BREWBAKER, NOTARY PUBLIC Caf lisle Bor0, Cumberland County My Commission ExCres Apdl 4, 2005 LAWRENCE POWERS JR 36 SUSQUEHANNA AVE ENOLA, PA 17025 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFHCIAL NOTICE MAIL DATE: 04118104 Information (7:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of State 71%391-6190 TDD Pennsylvania 800-228-0676 TDD Out of State 71%391-6191 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: FORD, BODY TYPE: TRUCK, VIN NO: 2FI'EF26N2FCB55668, TITLE: 41292142, TAG NO: YNG6172. This information was requested as a result of this Bureau being notified by PROGRESSIVE HALCYON INS CO that the insurance policy covering the vehicle was terminated on 02/12/04. 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 Code. As a result, the vehicle registration privilege will be suspended for three months effective 05/23/04 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 iasuranee 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 ouverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of less than 31 days from 02/12/04, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is neceasury 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 suspensian 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. Pleazc sec thc cuelcoed application for ~*dditioual restoration fee information. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. You have the right to appeal this suspension to the Court of Common Pleas of t.he county of your residence within thirty (30) days of the date of this notice. Sending a copy to this Department bf a timely, filed appeal will stay the Department's action pending a final decision by the court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. (? COMMONWEALTH OF PA · 1N THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVANIA · NO: dq DEPARTMENT OF TRANSPORTATION : LICENSE SUSPENSION APPEAL ORDER AND NOW, this~Tfl~'ay of~'~_-_, 200~upon stition of a hearing is set for the ~_l~day o~~, 200~, at_ ~}~ dOo'clock i~t~.,rn, in Courtroom No..~_ of the Cumberland County CourZhouse, Carlisle, Cumberland County, Pennsylvania, for PennDOT to show cause why, if any, the Petition of Petitioner should not be granted iff the form of remo:cing the requirement for the · Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of the hea~ BY~.~·/ LAWRENCE POWERS, JR.: V. : COMMONWEALTH OF : PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2209 CIVIL TEPdVI : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24TM day of JUNE, 2004, the hearing scheduled for August 9, 2004, at 9:00 a.m. is continued until THURSDAY~ AUGUST 26~ 2004~ at 1:00 p.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. Lawrence Powers, Jr. 36 Susquehanna Avenue Enola, Pa. 17025 George Kabusk, Esquire Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 :sld LAWRENCE POWERs, JR., Appellant : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION,: Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA NO. 04-'2209 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 26th day of August, 2004, hearing, and the Appellant having failed to appear, the dismissed, and the action of the department SUspending ApPellant,s registration is reinstated. W~For°rge Kabusk, Esquire Appellee ~awrence Powers ~"o~"~ , Jr. o~ SUSquehanna Avenue Enola, PA 17025 Appellant, Pro se Srs after appeal is