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Home My WebLink About10-1183Fa FJ- -r'CE STACY B. WOLF, ESQUIRE I : TYI^ i 1 31 NARY ATTORNEY ID NO. 88732 10 WEST HIGH PA 17013 STREET 20 n F E B 1 n ?r H 12 (717) 241-4436 (i t1 J ATTORNEY FOR APPELLANTS TODD R. ROLAND and : IN THE COURT OF COMMON PLEAS OF LORIE L. ROLAND, : CUMBERLAND COUNTY, PENNSYLVANIA Appellants V. :NO. 2010- 143 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR : REGISTRATION SUSPENSION APPEAL VEHICLES Appellee APPEAL OF VEHICLE REGISTRATION SUSPENSIONS AND NOW comes the petitioners, Todd R. Roland and Lorie L. Roland, by and through their attorney, Stacy B. Wolf, Esquire, and appeal the suspension of their vehicles' registrations and aver as follows: 1. Appellants are Todd R. Roland and Lorie L. Roland, adult individuals who reside at 1220 Pine Road, Carlisle, Cumberland County, PA 17015. 2. On or about, November 26, 2009, Appellants allegedly violated section 75 Pa C.S. §1786. 3. Appellants received notices dated January 19, 2010 from the Appellee, the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, informing them of the suspension of the registrations for their three vehicles. A true and correct copy of two of the notices of registration suspensions are attached hereto as Exhibit "A."' 4. Appellants object to these registration suspensions on grounds that they mistakenly allowed their insurance to lapse by mistakenly not paying the monthly premium but remedied the problem by paying the premium and obtaining insurance as soon as they were notified by Appellee of the lapse in coverage. 1 The third notice received by Appellant Lorie L. Roland was not available at the time of filing this appeal. Appellants request that the Court grant to them a Supersedeas of the suspensions pending this appeal pursuant to Section 1377 of the Motor Vehicle Code, to the extent the statute permits. WHEREFORE, Appellants Todd R. Roland and Lorie L. Roland, respectfully pray that this Honorable Court issue an order vacating the suspensions imposed by the Department or, in the alternative, scheduling a hearing on the foregoing Appeal and granting Appellants a Supersedeas of the suspensions pending the outcome of such Appeal along with any additional relief that the Court may deem appropriate and just. Dated: February 19, 2010 By: - 10 West g Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Appellants Respectfully submitted, WOLF & WOLF, Attorneys at Law Stacy B. f, Esquire h Street COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID11 100129999013495 001 TITLE# 54569298 PROCESSING DATE 100112 TRANSACTION CODE 00060 TODD R ROLAND 1220 PINE RD CARLISLE, PA 17015 OFFICIAL NOTICE Dear Customer: MAIL DATE: 01/19/10 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: NISSAN YEAR: 2000 BODY TYPE: TRUCK LICENSE PLATE¢#: YXW0664 TITLE##: 54569298 VIN##: IN6ED26T6YC378709 This information was requested because PERMANENT GENERAL ASSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 11/26/09. 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 02/23/10 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAI. 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 ?XH(?"?1 l /? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us W I D* 100129999018336 001 TITLE# 58131866 PROCESSING DATE 100112 TRANSACTION CODE 00060 LORIE L ROLAND 25 E NORTH ST CARLISLE PA 17013 OFFICIAL NOTICE Dear Customer: MAIL DATE: 01/19/10 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: CHEVROLET YEAR: 2002 BODY TYPE: COUPE LICENSE PLATE: GZ112954 TITLE: 58131866 VIN#: IGIJC124627425338 This information was requested because PERMANENT GENERAL, ASSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 11/26/09. 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 02/23/10 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 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS TODD R. ROLAND and LORIE L. ROLAND, Appellants V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010- CIVIL TERM REGISTRATION SUSPENSION APPEAL CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have, this date, served a true and correct copy of the foregoing appeal upon the following person and in the matter indicated: SERVICE BY CERTIFIED MAIL: Pennsylvania Department of Transportation Office of Chief Counsel 1101 S. Front Street- 3`a Floor Harrisburg, PA 17104-2516 Date: Stacy B. W , Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Appellants STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS RID-O OF T1f M(Ar MTAW 2010 MAR -2 PM 2= 21 TODD R. ROLAND and : IN THE COURT OF COMMON PLEAS OF LORIE L. ROLAND, : CUMBERLAND COUNTY, PENNSYLVANIA Appellants V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Appellee :NO. 2010-1183 CIVIL TERM REGISTRATION SUSPENSION APPEAL MOTION FOR CONTINUANCE NOW come the Appellants, by their attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the April 14, 2010 hearing, representing as follows: 1. On or about February 19, 2010, the appellants filed an Appeal of Vehicle Registration Suspensions. 2. A hearing has been scheduled for April 14, 2010 at 2:00 p.m. before the Honorable J. Wesley Oler, Jr. 3. Counsel for Appellants has a previously scheduled custody trial on April 14, 2010 and therefore requests that the above-referenced hearing be continued to the next available date. 4. Concurrence has been sought in the in instant motion from the Pennsylvania Department of Transportation, Office of Chief Counsel, in the person of Phillip M. Bricknell, Esquire, and such concurrence has been given. WHEREFORE, Appellants, Todd R. Roland and Lorie L. Roland, respectfully request that the Court issue an Order continuing the hearing currently scheduled for April 14, 2010 to the next available date, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: March 2010 By: Aacy B. W, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Appellants VERIFICATION I, the undersigned, do hereby verify I am counsel for Appellants and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. March , 2010 0 Stacy B. W Counsel for Appellants STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS TODD R. ROLAND and LORIE L. ROLAND, Appellants V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1183 CIVIL TERM REGISTRATION SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of Appellants' Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Phillip M. Bricknell, Esquire PennDOT - Office of Chief Counsel Third Floor - Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted, WOLF & WOLF Dated: March, 2010 By: Stacy B, olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Appellants FEB 2 2 2010 6 FiLFC-0'?= STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET 201 U C FEU 2 0rii 10: 2 7 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANTS TODD R. ROLAND and : IN THE COURT OF COMMON PLEAS OF LORIE L. ROLAND, : CUMBERLAND COUNTY, PENNSYLVANIA Appellants . V. : NO. 2010-1193 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR : REGISTRATION SUSPENSION APPEAL VEHICLES . Appellee ORDER OF COURT AND NOW this day of , 2010, upon consideration of the instant Appeal, it is hereby ordered and decreed that this matter be scheduled for hearing on the 1. day of CZAA-c-& , 2010 at-,;?_: -GC o'clock, p.m., at Courtroom _,t-, Fourth Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. 4AF 7 11 Furthermore, a Supersedeas itg:mieA pursuant to Section 1377 of the Motor Vehicle Code, pending this Court's resolution of this appealf c, r? e- G}Ucy3 ? M 6 v 1 rLd L 7 ( ZLt-) BY THE COURT: cc: ?PADepartrnent PAof Transportation, Office of Chief Counsel Stacy B. Wolf, Esquire For the Appellants GQS rn1 t. l 126 T U MAR 0 3 20% TODD R. ROLAND and LORIE L. ROLAND, Appellants V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010-1183 CIVIL TERM REGISTRATION SUSPENSION APPEAL ORDER OF COURT AND NOW this day of , 2010, upon consideration of the attached Motion, it is hereby ordered that the hearing scheduled for April 14, 2010 at 2:00 p.m., be rescheduled to 2010, at 4-m. in Courtroom 1 of the Cumberland County U 't Courthouse. BY THE COURT: JR., J. stribution: o = i Nathan C. Wolf, Esquire '_ + - - ° For the Plaintiffs F n +-rt rr :_Z ' Mm Philli M B k i ll E i - p . c ne r , squ re n c 06 PA Department of Transportation, Office of Chief Counsel ? - d tD TODD R. ROLAND and LORIE L. ROLAND, Appellants v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-1183 CIVIL TERM IN RE: QUASHAL OF APPEAL OF LORIE L. ROLAND BEFORE OLER, J. ORDER OF COURT AND NOW, this 29~' day of July, 2010, upon consideration of the Appeal of Vehicle Registration Suspensions at No. 2010-1183 Civil Term filed by Todd R. Roland and Lorie L. Roland, and following a proceeding at which it appeared that the Court lacks jurisdiction to entertain the appeal of Lorie L. Roland based upon the untimely nature of the filing of her appeal, the appeal respecting the vehicle of Lorie L. Roland is quashed, the supersedeas with respect to the suspension of registration for the vehicle of Lorie L. Roland is vacated, and the suspension of registration for the vehicle of Lorie L. Roland noticed by mail dated January 19, 2010, by the Appellee shall remain in full force and effect. /Stacy B. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Appellants BY THE COURT, / ~' Wesley O , Jr., J . t~7 ra - ~ , .:~- . ~ D ~,-, ~`- _ ~ _ rt . , ,. -; -- ;~, --. , :~. ~~ ~~. ,_ _ , .-, . _~ .,,. q~ ~;,. ~~ .m ~ ~. '~s ,. c-., hilip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Appellee ES /h~ f C~ C, 7 2gI r~ ~7 TODD R, ROLAND and LORIE L. ROLAND, Appellants v COMMONWEALTH OF . PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~0-1183 CIVIL TERM REGISTRATION SUSPENSION APPEAL IN RE: APPEAL OF VEHICLE REGISTRATION SUSPENSIONS ORDER OF COURT AND NOW, this 29th day of July, 2010, upon consideration of the appeal filed by Lorie L. Roland in the above-captioned case from the suspension of registration imposed with respect to her vehicle by the Commonwealth by notice with a mailing date of January 19, 2010, and following an additional period of hearing, the record is declared closed on the issue of the timeliness of the appeal, and the matter is taken under advisement. Stacy B. Wolf, Esquire ~ ';; 10 West High Street ~ ~ -~ _~ Carlisle, PA 17013 ~= ~ ~-* i`T` For Appellants -~ ~ ; ~\ G' s Phillip M. Bricknell, Esquire ~ -a==~:. PennDOT - Office of Chief Counsel ~-~ Third Floor - Riverfront Office Center ~ "'` 1101 South Front Street =~~ `~ - •:*r Harrisburg, PA 17104-2516 p :mae r"'' ~ ~„S I'rt..~. l 15~... 8 s/~a ~~ By the Court,