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HomeMy WebLinkAbout10-1812 Robert E. Kelly, Jr. n ? PA ID No. 21925 Lee S. Cohen rv Y? r? s PA ID No. 89278 -- - KELLY, PARKER & COHEN LLP - N c-' •-• 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 _-+ FAX 717-920-2370 - rkelly@koc-law.com w lcohen@kpc-law.com NATHAN D. WEILER, IN THE COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION Appellant Nathan D. Weiler, by and through his counsel, Kelly, Parker & Cohen LLP, respectfully appeals from the Official Notice issued by the Commonwealth of Pennsylvania, Department Transportation for the suspension of his vehicle registration and, in support, sets forth the following: 1. Appellant Nathan D. Weiler ("Weiler") currently resides at 1208 Brandt Road, Mechanicsburg, Pennsylvania 17055. Previously, Mr. Weiler resided at 400 Mountain Street, P.O. Box 36, Summerdale, Pennsylvania 17093. 2. On February 23, 2010, the Commonwealth of Pennsylvania, Department of Transportation ("Department") sent Mr. Weiler an Official Notice ("Notice") informing Mr. Weiler that the registration for his motor vehicle, a 1996 Acura Integra ("Vehicle"), would be *9a.00 PD A't y ce 1118 a38sNy suspended effective March 14, 2010, pursuant to Section 1786 of the Motor Vehicle Code, 75 Pa. C.S.A. § 1786(d). The basis of the suspension was an alleged lack of personal passenger automobile insurance coverage in excess of thirty (30) days. See Notice attached as Appendix A. 3. The Vehicle was insured under a policy of insurance issued by Progressive Advanced Insurance Company ("Progressive") effective July 24, 2009, for a six-month policy term, Policy No. 50418264-0 ("504 Policy"). Progressive initially did issue a notice of cancellation of the 504 Policy effective December 17, 2009. 4. Immediately upon learning of the cancellation of the 504 Policy, Mr. Weiler obtained a new policy from Progressive effective January 20, 2010, for a six-month term, Policy No. 50885947-0 ("508 Policy"). The 508 Policy became effective on January 20, 2010, and remains currently in effect. See Certification of Progressive dated March 10, 2010, attached as Appendix B. 5. Because of issues relating to the attempted cancellation of the 504 Policy, Progressive has reinstated coverage under the 504 Policy effective December 17, 2009, through January 20, 2010, the inception of the 508 Policy. This reinstatement was without any lapse in coverage for the Vehicle under the 504 Policy. See Progressive Verification of Insurance attached as Appendix C. 6. Accordingly, there has been no period of time in which the Vehicle was not fully financially responsible under Pennsylvania law through the issuance of a policy of personal passenger automobile insurance satisfying the requirements of the Financial Responsibility Law and the Motor Vehicle Code. That is, the Vehicle was insured under the 504 Policy from 2 July 24, 2009, through January 20, 2010, and under the 508 Policy for a term from January 20, 2010, through July 20, 2010. See Appendices B and C. 7. This Court has jurisdiction to consider this Appeal pursuant to Section 933(a)(1)(ii) of the Judicial Code, 42 Pa. C.S.A. § 933(a)(1)(ii) (Supp. 2009), and Sections 1377(a) and 1786(d)(3) of the Vehicle Code, 75 Pa. C.S.A. §§ 1377(a), 1786(d)(3). 8. Further, pursuant to Section 1786(d)(3) of the Vehicle Code, the filing of this Appeal acts as an automatic supersedeas staying the effect of the Notice. See 75 Pa. C.S.A. § 1786(d)(3). 9. It is clear that the Vehicle satisfied the financial responsibility requirements of Pennsylvania law by being insured through a policy of private passenger automobile insurance at all relevant periods of time, and was not uninsured for any period of time, much less a period in excess of thirty (30) days. Accordingly, Mr. Weiler has produced "clear and convincing evidence that the vehicle was insured at all relevant times." Section 1786(d)(3)(ii), 75 Pa. C.S.A. § 1786(d)(3)(ii). 10. Because Mr. Weiler's Vehicle at all times was in full compliance with the financial responsibility requirements of Pennsylvania law through the issuance of policies of insurance from Progressive, Mr. Weiler respectfully requests that the Court review his Appeal and, upon consideration of the Appeal and such hearings as may be necessary, reverse and negate the Notice of the Department and direct that Mr. Weiler's registration remain in force and without suspension, interruption, or abatement. WHEREFORE, Appellant Nathan D. Weiler respectfully requests that this Court consider and grant his Appeal and direct that the Commonwealth of Pennsylvania, Department of Transportation, withdraw its Official Notice dated February 23, 2010, and maintain without suspension the registration for the Acura Integra owned by Mr. Weiler. Respectfully submitted, x7 Ro lly, IV PA ID No.V.1925 Lee S. Cohen PA ID No. 89278 KELLY, PARKER, & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkellygkpc-law.com lcohennkpc-law.com Dated: March 12, 2010 Counsel for Appellant Nathan D. Weiler 4 A 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# 100319999011448 001 TITLE# 57032281 PROCESSING DATE 100131 TRANSACTION CODE 00060 NATHAN D WEILER 400 MOUNTAIN ST P 0 BOX 36 SUMMERDALE, PA 17093 OFFICIAL NOTICE Dear Customer: MAIL DATE: 02123/10 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: ACURA YEAR: 1996 BODY TYPE: COUPE LICENSE PLATE: ENH9269 TITLE: 57032281- VIN#: JH4DC4356TS022146 This information was requested because PROGRESSIVE ADVANCD INSURANCE CO notified us that the insurance policy covering the vehicle listed above was terminated on 12/17109. 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 03/14/10 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 By Order of 0;4o-, 6ru , Director Bureau of Motor Vehicles Department of Transportation Information (8:00 AM to 6:00 PM) Pennsylvania 800-932-4600 Out of State 717-412-5300 TDD Pennsylvania 800-228-0676 TDD Out of State 717-412-5380 00-000 57032281 PAY THIS AMOUNT -------------------------------------$50.00 ---- BY CHECK OR MONEY ORDER ---- ----------------------- ---- PAYABLE TO PA DEPT OF TRANSPORTATION 570322810006050.00 DO NOT SEND CASH NATHAN D WEILER 400 MOUNTAIN ST P 0 BOX 36 SUMMERDALE, PA 17093 B PR©OAEff/ff' DIRECT Progressive P.O. Box 31260 Tampa, FL 33631 Date: March 10, 2010 Commonwealth of Pennsylvania Department of Transportation Bureau of Motor Vehicles P.O. Box 68674 Harrisburg, PA 17106-8674 To Whom It May Concern: This letter is to notify the Commonwealth of Pennsylvania that: Name: Nathan D Weiler Address: 1208 Brandt Rd Mechanicsburg, PA 17055 has or had coverage under policy number: 50885947-0 With: Progressive Advanced Insurance Company NAIC code: 11851 from: January20, 2010 to: July 20, 2010 Lapse in coverage? Yes No x Dates of lapse: n/a The vehicle orvehicles covered under this policy are: Year Make Model 1996 Acura Integra 2h Serial number JH4DC4356TS022146 If further information is necessary, please feel free to contact Customer Service at 800-776-4737. Thank you, Assistant Secretary Form 789D PA(06105) C •03/12/2010 09:29 FAX 7194322627 Progressive Ins. Co. 19002 PRacAfffrvE• PROGRESSIVE P.O. SOX 31280 TAMPA, FL 33631 NATHAN D WEILER 1208 BRANDT RD MECHANICSBURG. PA 17055 Verification of insurance for: NATHAN D WEILER Policy number. 56418264-0 Underwritten by: Progressive Advanced Insurance Cc Policy Period: 87/2412009 - 0112412010 Page 1 of 1 Online Service progresalve.com CustoaW 8ervios 1-800-776-4737 Mailing Address Progressive P.O. Box 31260 Tampa, FL 33531-3260 1-877-280-5687 (tax) NATHAN D WEILER Please accept this letter as verification of insuranoe for the driver(s) and vehicle listed below. Policy and driver information Policy number: 50418264-0 Policy State: Pennsylvania Verification Period: 07124!2009 to 01=12010 There was no lapse in coverage during this Policy Period. Driver(s): NATHAN D WEILER Vehicle Information Vehicle: Vehide Identification Number: NAIC Code: 1996 ACURA INTEGRA JH4DC4356TS022146 11861 Thank y is o ust er Care Supervisor VERIFICATION I, Nathan D. Weiler, hereby state that I have read the foregoing Appeal from Notice of Vehicle Registration, which has been drafted by counsel. The factual statements contained in the Appeal are true and correct to the best of my information, knowledge, and belief, although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. I understand that this Verification and the statements of fact contained in the Appeal are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. 3 ?z L2, GI 0 Dat Nath . eiler. CERTIFICATE OF SERVICE On this 12`x' day of March 2010, I, Pamela L. Russell, a legal secretary with the law firm Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION upon the person(s) and at the address(es) below named by Certified Mail, Return Receipt Requested, in Harrisburg, PA: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3`d Floor Harrisburg, PA 17104-2516 MaR ~ s zo~Q NATHAN D. WEILER, IN THE COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee ORDER AND NOW, this (~o~day of March 2010, upon consideration of the Appeal of Nathan D. Weiler from the Suspension of Registration, it is hereby ORDERED and DECREED that a hearing on the Appeal will take place on ~ / , 2010, at _~~aa~`l}~.m., in Courtroom No. ~, Cumberland County Courthouse, Carlisle, Pennsylvania. The Official Notice of Suspension dated February 23, 2010, issued by the Commonwealth of Pennsylvania, Department of Transportation, is stayed pending a final decision of the Court pursuant to Section 1786(d)(3) of the Vehicle Code, 75 Pa. C.S.A. § 1786(d)(3)ri ~p ~~ L ex~~ I ~~ d L~c~ b `-(. ~ ~ ~`' ~ -_ Ap~llant Nathan D. Weiler must serve a copy of the Appeal on the Department of c~ - _ 3 . = F ~Tranortatior~. ~~ <`: ' --J ~'~ ~" ' ~~> BY THE COURT: ~:: - ~= _+, rte. `': ~, c v U L~ J. Distribution: Robert E. Kelly, Jr., Esquire, Kelly, Parker & Cohen LLP, 5425 Jonestown Road, Suite 103, Harrisburg, PA 17112 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`d Floor, Harrisburg, PA 17104-2516 NATHAN D. WEILER, Apellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 10-1812 CIVIL TERM ORDER AND NOW, this 19th day of May, 2010, the Appellant having resolved the suspension of the registration of his vehicle, title 57032281, and the suspension of that registration having been rescinded, the appeal filed in the above referenced matter is REMANDED to the Department of Transportation for correction of its records. BY THE COURT: J Attest: Robert E. Kelley, Jr., Esq., Kelly, Parker & Cohen, LLP, 5425 Jonestown Road, Suite ~~ 103, Harrisburg, PA 17112 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 1.., c c? I1 -u ~-~_ ~ ~--~ /~/~V ~ :. ~~ rid ~~~ ~ r-}tFa J ~_.' a _, / 1 ~' ~ ' c.. k n~ _~~ ,~ ~ ~. d •<