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Home My WebLink About09-6165IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERICH M. KLEIN, NO.: 0 Appellant V. CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, :REGISTRATION SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee APPEAL OF VEHICLE REGISTRATION SUSPENSION AND NOW, this _L6day of September, 2009, comes the Appellant, Erich M. 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 Erich M. Klein, an adult individual residing at 100 Leeds Road, Newville, Cumberland County, Pennsylvania. 2. On or about July 24, 2009, Appellant permitted his brother, Peter D. Klein, to operate Appellant's motor vehicle. 3. While operating Appellant's motor vehicle, Peter Klein was cited for failing to "stop for a property posted stop sign." 4. In addition, Peter Klein was cited for operating a vehicle without proof of insurance. 5. On the date of the above-cited incident, Appellant was maintaining insurance on the motor 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 has not been notified by his insurance carrier, USAA, that his termination has lapsed, been suspended or been terminated. 7. On or about August 12, 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 cited or notified that he was unable to provide proof of financial responsibility for the vehicle. 9. To date, Appellant has not been cited for failing to provide notice of financial responsibility, nor has Appellant been cited for failing to provide financial responsibility, for his motor vehicle. 10. Appellant objects to the suspension of the registration of his motor vehicle because he was maintaining financial responsibility on his vehicle at the time of his brother's offense. 11. Appellant requests that the Court grant to him a Supersedeas of the suspension pending the outcome of this appeal, pursuant to Section 1786(d)(3) 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 submitted, Date: Q 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 VERIFICATION I, Erich A 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: Q)f Q "A e ch . Klein Rx Date/Time FROM :0 RUG-12-2009(WEO) 09:55 17174868085 FAX NO. :17174868085 P. 002 Aug. 12 2009 09:10AM P2 RAPOA?ANT NOTICE This identiIlm n cad is "iderm of liability kawmce fa yar vehicle'. The ON is v did a lag as lilmity invxance rerraaim in forte. You may be rtqumod to Produce yorr ideWfication and at woods n vonva m or aWpng for a &Ww's license, following an aeoident, or upon a law errforream?R affleer's request1an• ve?arr FPA1 50812-0307 9800 Fredaick*n Rued ?? ---- i San A --------- ----•---------------•---.». ntonio. Teaks 78288 Back PENNSYLVANI FOLUCK fury ' WARNINQ Any owner or negigm or a Motor vehicle who parhaYets 'This C d M a ahoorr wafide m he driven in the fnNrcrat allt ros h RN ar ust Be Carried For Pr+p,dtztlon It,= D?? It Suggested That Yew Carry This Ca d I y y ere s a amended or r b The Wed w Vahkd4L ERICH MAX KLEIN NOM THIS CARD is REQIIitED ViliEli f 00 ?+ are kwdvw In an alto a¢gldeft ' 100 LEEDS RD 0 0 YOU are oowictod of a treffc offetaae other tan h a afTarse t#ht loot lrg NEWVILLE PA 172414597 VAIJI) M OK ? six ? d (d spar room poke of a offma, When KWO '?? arorasian of ere Vehicle cr' aBns °°f > FROM oATE ' ee00 Frereideh? ilea T a aPY of On WV to the DeparbrrerrL of ;:7 X r0*109 reftfum of aperorm Prtvils Pallcy Number 01529 82 54U 7104 4 0 p VApendad a`r P-ior pre'onski Ef"fietlve Dete 05/01108 A=Vxa 18103liiATfii _ ?FW?chtJla .0 nqw b ee talkei g Now vwdg SLAW Up-`?VJ52t?A8112581 SERVICE: 800 5314? be^?On (800) 531-8 UNITED SERVICES AUTOMOBILE ASSN Addidand copies araftb at unwceas EXHIBIT Hx Vate/Time SEP-11-2009(FRI) 10:27 USAA 9/11/2009 9:33:57 AM PAGE 2/002 Fax Server 9800 Fredericlaburg Road San Antonio, Texas 78288 004 % USAAAcptember 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 $250 COMPREHENSIVE AND $500 COLLISION DEDUCTIBLES LOSS PAYEE M AND T CREDIT CORP PO BOX 4005 BUFFALO NY 14240 IF YOU HAVE ANY QUESTIONS, CALL US AT 1-800-531-USAA (8722). Sincerely, Ana B. Franco Member Relationship Specialist San Antonio Policy Service Registered with the Texas Insurance Commissioner United Services Automobile Association USAA * 1529 62 6421279.22140.AO.AOSIS EXHIBIT P. 002 Rx Date/Time FROM :0 PUS-12-2009(WED) 09.56 1717d868085 FAX NO. :17174868085 COMMONWEALTH OF PENNSYLVANIA DEPAR'TMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106.8674 P. 001 Aug. 12 2009 09:10AM P1 www-dms.state.paus YID# 092189999001666 001 TITLE# 60632148 PROCESSING DATE 040505 TRANSACTION CODE 00340 ERICH M KLEIN 100 LEEDS RD NEYVILLE, PA 17241 OFFICIAL, NOTICE MAIL DATE,-- 08112//89 Dear Customer. 73te Department was recently notified that a traffic offense occurred on 07/24/09 involving the following vehicle: MAKE: SUZUKI YEAR. 2004 BODY 7YPE SEDAN LICENSE PLATE: l:SZ9523 1I7IJEM 60632148 Vim; KL5VJ52I.24Bl 12581 At the time the offense occurred, you were unable to provide proof of financial responsibility (insurance). As a result, the registration for the vehicle listed above will be sompendcd for am =Mths eedive 09/16/!9 at 12.01 A.M. as authorized by Section 17g6(d) of the Vehicle Code_ THIS IS A FINAL ORDER OF SUSPENSION. You are required to retu yew carrot shelter and card to the Department immediately. Credit toward serer tie sespossm will not begin n *k, Department receives your registration prodads. Additio Until the really, you are requited to pay a restoration fee is 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 slaw proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when bonding and a return of your registration plate, sticker and card. When the ?g label to assist with the -- -- Department receives your registration products, we _ _.-wiltsend-you-a leKterwithin- 3-weeks confirming that they were re66ved7-V,-&-We 3weWs- of iiailmg°y?'- repistration plate, sticker and card to the Department you do not receive a letter stating your were received, please contact as immediately. O° p °d"a' You have the right to appeal this aaspcm iao to the Court of Common Plus of the county of your residence within d&ty(30) days of the mag date of this Idler. 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 mad to: Peaasykmm Dept of Tnaapmtatioo Otiice of Chief Counsel 1101 S Front Stred-3rd Floor Han, PA 17104-2516 EXHIBIT CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Appeal of Vehicle Registration, 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: ?- //- 0 ? 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 FIL OF T? r 2009SI:P 1,: 40 CLAN VIN CY4 -13 On w v0'1 1 S` SEP 1,d Z00q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERICH M. KLEIN, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO.: 06- CIVIL TERM LICENSE SUSPENSION APPEAL ORDER AND NOW, this ?J 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 4 day of , 2009 at Cl3 0 m., in Courtroom No. , Fourth Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Furthermore, a Supersedeas is granted pursuant to Section 1377 of the Motor Vehicle Code, pending the outcome of this Appeal. Distribution: drew H. Shaw, Esquire, attorney for Appellant ? rA Department of Transportation, Office of Chief Counsel Cd Pl'ES /rib BY THE COURT: Ls-CL --?4 15?6L 1z FtLE OF -F , , Hn OTAPY 2009 SE P 16 H 11: 19 h 'Wz 7