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Home My WebLink About11-3523KYLE D KELLOGG 16 BLUE SPRUCE DR. ENOLA, PA 17025 (717) 557-8475 APPELANT FILED-OFFICE OF THE PROTHONOTARY 2011 APR -7 AM 11: 29 CUMBERLAND COUNTY PENNSYLVANIA KYLE D. KELLOGG and DAVID B. KELLOGG, Appellants V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Appellee : IN THE COURT OF COMMO PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 3583CIVIL TERM REGISTRATION SUSPENSION APPEAL APPEAL OF VEHICLE REGISTRATION SUSPENSIONS AND NOW comes the petitioners, Kyle D. Kellogg and David B. Kellogg, Representing themselves, and appeal the suspension of their vehicles' registrations and Aver as follows: 1. Appellants are Kyle D. Kellogg and David B. Kellogg, adult individuals who reside at 16 Blue Spruce Drive, Enola, Cumberland County, PA 17025. 2. On or about, January 13, 2011, Appellants allegedly violated section 75 Pa C.S J1786. 3. Appellants received notices dated March 07, 2011 from Appellee, the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, informing them of their Suspension of registration of their vehicle. A true and correct copy of the notice of Registration suspensions are attached hereto as Exhibit "A." 4. Appellants object to these registration suspensions on the grounds that they mistakenly P art 8 4a. co * a f`a ?4?3 allowed their insurance to lapse by mistakenly not paying the monthly premium but remedied the problem by paying and obtaining insurance as soon as they were Notified by Appellee of the lapse coverage. 5. Appellants request that the Court grant to them Supersedeas of the suspension pending this appeal pursuant to section 1377 of the Motor Vehicle Code, to extent the statute Permits. WHEREFORE, Appellants Kyle D. Kellogg and David B. Kellogg, 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 forgoing 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. Respectfully Submitted, Kyle D. Kellogg Dated: April 04, 2011 By: X'v& )a':;? Kyle D. Kellogg 16 Blue Spruce Dr. Enola, PA 17025 (717) 557-8475 Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 ll ?? HARRISBURG, PA 17106-8674 "WW v.state.pa.us WID# 110599999012339 001 TITLE# 62564517 PROCESSING DATE 110228 TRANSACTION CODE 00060 DAVID BRUCE 8 KYLE DAVID KELLOGG 16 BLUE SPRUCE`-DR ENOLA, PA 17025 OFFICIAL NOTICE Dear Customer: J MAIL DATE: 03147111 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: GMC YEAR. 2006 BODY TYPE: TRUCK LICENSE PLATE: YWJ2942 TITLE: 62564517 VIN#: IGTEK19B86E135510 This information was requested because UNITED FINANCIAL CASUALTY COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 01/13/11. 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 04/11/11 at 1101 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 currant registration plate, sticker and card to the Department immediately. Credit toward serving this suasion 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 CASI1. 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 assisrwith 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 as immediately. You have the right to appal this suspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mad 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 KYLE D KELLOGG 16 BLUE SPRUCE DR. ENOLA, PA 17025 (717) 557-8475 APPELANT KYLE D. KELLOGG and : IN THE COURT OF COMMO PLEAS OF DAVID B. KELLOGG, :CUMBERLAND COUNTY, PENNSYLVANIA Appellants V. : NO. 2011- CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR : REGISTRATION SUSPENSION APPEAL VEHICLES Appellee CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have, this date, served a true and correct copy of the forgoing 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- 3rd Floor Harrisburg, PA 17104-2516 DATE: April 07, 2011 Kyle B. Kellogg l/? 16 Blue Spruce Dr. Enola, PA 17025 (717) 557-8475 Appellant KYLE D KELLOGG 16 BLUE SPRUCE DR. ENOLA, PA 17025 (717)557-8475 2011 APR 20 AM 11: 41 APPELANT CUMBERLAND COUNT),' PENNSYLVANIA KYLE D. KELLOGG and : IN THE COURT OF COMMO PLEAS OF DAVID B. KELLOGG, Appellants V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Appellee :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 35a1CIVIL TERM : REGISTRATION SUSPENSION APPEAL ORDER OF COURT AND NOW this C,? day of 2011, upon consideration of the Instant Appeal, it is hereby ordered and decreed that this matter be scheduled for hearing On the 3 Zv day of 2011 at o'clock, 4.m, at Courtroom Fourth floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. Furthermore, a Supersedeas shall apply pursuant to section 1377 of the Motor Vehicle Code, pending this Courts' resolution of this appeal, to the extent required by Law. V Cc: PA Department of Transportation, Office of Chief ,Kyle Kellogg, Appellant nt7IMTF) /"VlTmm_ les 4.u-" 41 0a8 KYLE D. KELLOGG and DAVID B. KELLOGG, Appellants v COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW OF MOTOR VEHICLES, C), a Appellee No. 2011-3523 CIVIL TERM -Ox Y -i W Z rte- ' rrn 70 C-3 IN RE: APPEAL WITHDRAWN <C:) ORDER OF COURT N 1 AND NOW, this 8th day of July, 2011, upon _< C 70 consideration of the Appeal of Vehicle Registration Suspensions _filed in the above-captioned matter, and pursuant to an agreement reached between Appellant, Kyle D. Kellogg, who has indicated he is speaking also on behalf of his father, David B. Kellogg, and Appelle, and it appearing that the appeal in this case was not timely filed, the appeal is deemed withdrawn, and the suspension of registration noticed by mailing on March 7, 2011, with respect to a 2006 GMC truck (VIN No. 1GTEK19B86E135510) is affirmed. /Philip Bricknell, Esquire Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For Appellee ? Kyle D. Kellogg and David B. Kellog 16 Blue Spruce Drive Enola, PA 17025 Appellants, pro se po ? CoP< I<g/,, 7! ( 0a :mae By the Court,