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Home My WebLink About09-6163IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KLEIN, NO.: 0 9- 4 ,14, -25 Appellant : V. CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee : APPEAL OF LICENSE SUSPENSION AND NOW, this day of September, 2009, comes the Appellant, Peter D. Klein, by and through his attorney, Andrew H. Shaw, Esquire and appeals the suspension of his vehicle registration, and in support thereof states as follows: 1. Appellant is Peter D. Klein, an adult individual residing at 142 South Hanover Street, Apartment 3, Carlisle, Cumberland County, Pennsylvania. 2. On or about July 24, 2009, Appellant's brother, Erich M. Klein permitted Appellant, to operate Appellant's brother's motor vehicle (hereinafter "Vehicle") 3. While operating the Vehicle, Appellant was cited for failing to "stop for a property posted stop sign." 4. In addition, Appellant was cited for operating a vehicle without proof of insurance. 5. On the date of the above-cited incident, Appellant's brother was maintaining insurance on the Vehicle. A copy of the proof of insurance and a copy of a letter from the insurance company confirming insurance is attached hereto and incorporated by reference as Exhibit A and Exhibit B respectively. 1 6. To date, Appellant's brother has not been notified by his insurance carrier, USAA, that his termination has lapsed, been suspended or been terminated. 7. On or about August 13, 2009, the Department of Transportation (hereainafter "Department") mailed a notice of suspension to Appellant. A copy of the Notice is attached hereto and incorporated by reference as Exhibit C. 8. At no point prior to the above-mentioned Notice, was Appellant's brother cited or notified that he was unable to provide proof of financial responsibility for the Vehicle. 9. To date, Appellant's brother has not been cited for failing to provide notice of financial responsibility, nor has Appellant's brother been cited for failing to provide financial responsibility, for the Vehicle. 10. Appellant objects to the suspension of his license because his brother was maintaining financial responsibility on the Vehicle at the time of the underlying offense. 11. Appellant requests that the Court grant to him a Supersedeas of the suspension pending the outcome of this appeal, pursuant to Section 1550 of the Motor Vehicle Code. WHEREFORE, Appellant respectfully requests this Honorable Court to issue an order vacating the suspension imposed by the Department of Transportation, or, in the alternative, schedule a hearing on the foregoing Appeal and grant Appellant a Supersedeas of the suspension pending the outcome of such Appeal along with any additional relief that the Court may deem appropriate and just. 2 Respectfully Date: I-//- By: Andrew H."Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Appellant 3 VERIFICATION I, Peter D. Klein, verify that the statements made in this Petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: U v Peter D. Klein Date/Time FROM :0 RU6-12-2009(WED) 09:56 17174868085 P-002 FAX NO. :17174868085 Aug. 12 2009 09:10AM P2 WPORTANT NOT= This ldendfiaion cry is evidence of liamIlty +mrz+mo fa W vdoi The 1=1 is valid as kog as Iltb7ity irr a rerr3A in force. You my be r"Wed to W? following an acadert or upon as bw Ufa MoieWs re qu Vdbde ?9 +aon or ice, wh8l apWrnB for a drlvor's Ikonse- FPA1 50812-0307 000 6 8 San Aftxdg Twm 7M PEMIMVANMFB UCW, nEWORMUTy Thy Grd IMust Be Candied Far FN-cWUMM Lilum Dard. V &V"Sted Th" You Carry Thft Card In The Mrtawrd Bade WAMM oPw" o ? aiw w or repUrM of a motor vehicle who mr Wide to be driven in this Coat?rwaddr wom the ¦m mqww way his re*02ioa -WwWed or rook.& d reaPorai6illty have ERICH MAX KLEIN 1 NOTD TM MID Z5 REpUIMp MEN f Ed ym art ilvolred in an auto accidyrt 100 LEEDS RD 0 a YYo ed of a traffic offam otlter than a P? NEWVILLE PA 17241-9597 NOT d Ic1 Upon n*mn of a polioe off you VAUD for FROM Tmm Six 101 9?1;W prn'W- of the Vehicle CC' P C S UFEMK DATE (75 inly M 90M I= You area Praride a copy of an card to the of ?o F7Om'?Rt"' A1i0 „ ra*mm r-ftrotion of DGPNV"W Polkjr N?wnber 09529 62 sou 7104 4 wspaded Cr f-dced, ?° whidr Ana Proviously p I Effaetlva Dote 05/09109 '51-A. = A *bcWe aft ropes m " %now q yNV VMM?nMft WMMTATK yZO?Q4 SUZUIO I LMS2L246112581 PoUCY SEI (800 53114? 6 ? O^ Nr.r?ar CUUIN8 (800) 531?22Z UNITED SERVICEs AUTOMCMLF ASM Addbmd tapirs araftb x unaoea" EXHIBIT 11 x Date/Time SEP-11-2009fFR1) 10:27 US-AA 9/11/2009 9:33:57 AM PAGE 2/002 Fax Server 9800 Fredericimburg Road Sao Arrtonio,Tc= 78288 USAA Aeptember 11, 2009 FAXED BINDER FOR CONFIRMATION OF AUTOMOBILE INSURANCE THIS DOES NOT TAKE THE PLACE OF AN INSURANCE IDENTIFICATION CARD USE THIS FAX AS EVIDENCE OF INSURANCE FOR: ERICH MAX KLEIN REGISTERED OWNER: ERICH MAX KLEIN REGISTRATION ADDRESS: 100 LEEDS RD NEWVILLE PA 17241-9597 USAA POLICY NUMBER: USAA 01529 62 54U 7104 4 EFFECTIVE: May 1, 2009 EXPIRATION: Until Terminated VEHICLE: 2004 SUZUKI VERONA S/V KL5VJ52L24B 112581 (X) PROTECTS YOUR INTEREST WITH S250 COMPREHENSIVE AND 5500 COLLISION DEDUCTIBLES LOSS PAYEE M AND T CREDIT CORP PO BOX 4005 BUFFALO NY 14240 IF YOU HAVE ANY QUESTIONS, CALL US AT 1-800-53 1 -USAA (8722). Sincerely, 014?? Ana B. Franco Member Relationship Specialist San Antonio Policy Service Registered with the Texas Insurance Commissioner United Services Automobile Association USAA # 1529 62 "21279.221404A0A0318 [EXHIBIT P. 002 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 13, 2009 PETER D KLEIN WID # 092189283041968 001 33 W NORTH STREET PROCESSING DATE 08/06/2009 APT 1 DRIVER LICENSE # 24824992 CARLISLE PA 17013 DATE OF BIRTH 01/13/1979 Dear Motorist: Your driving privilege is scheduled to be suspended on 09/17/2009, because you failed to produce proof of financial responsibility on 07/24/2009, the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 09/17/2009 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the enclosed application for restoration fee information. 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your privilege has been reinstated. If you do not comply with this notice, this Bureau will refer this matter to the Pennsylvania State Police for prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 09/17/2009 12:01 A.M. In order to comply with this sanction you are required to return any current driver' ner's permit and/or EXHIBIT 11 092189283041968 temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that You are aware of the sanction against Your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 13, 2009, 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 your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Appeal of License Suspension, was served this date on the below named, by placing same in the United States mail, certified, postage prepaid thereon, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: ? -// Q ? Andrew H. gliaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Appellant ALED- ?c OF THE ONRY 2009 SEP i I Aid 11: 33 CUmE' . PEN, 'sY IV (%N: A. 4" J? a- 72, Sa 0-k- 7,51 0 SEP 14 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KLEIN, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO.: ef- 611,J CIVIL TERM LICENSE SUSPENSION APPEAL ORDER AND NOW, this day of September, 2009, upon consideration of the instant Appeal, it is hereby ORDERED AND DECREED that this matter be scheduled for hearing on the ,&ckday of , 2009 at ; ,? , -?Lm., in Courtroom No. , Fourth Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Furthermore, a Supersedeas is granted pursuant to Section 1550 of the Motor Vehicle Code, pending the outcome of this Appeal. BY THE COURT: D* 'b 'on: drew H. Shaw, Esquire, attorney for Appellant :?A Department of Transportation, Office of Chief Counsel Fl LED-0, =' E OF THE JP-,TpE Nr AP-Y 2099 STEP 16 ,'o I I -* 19