HomeMy WebLinkAbout02-0398VS.
Appellant
Commonwealth of Pennsylvania
Department of Transportatian
Appellee
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
File NO. ~- S~ ~
PETITION FOR APPEAL FRO__~A SUSPENSION OF OPERATING PRIVILEGE/ _...~)
1. Appellant herein is ~A'KIJ ~/~/~
residing at and having ama. iling address of:
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai.lng address of:
Departmeut of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
c,/'~ Departme.~t of Transportation, Bureau of Motor Vehicles, Harrisburg,
Pennsylvania 17123.
3. By letter or notice dated /,,~//~'J(/! , a copy of which is attached
hereto as Exhibit A, the Department of Transportation
v/ ordered Appellant to surrender his / her operating license /~-~v~
r~str~tio~or a period of ,~ ,~¢~ lz/~ ¢
denied the issuance / renewal of a driver's license.
4. Supersedeas:
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii, Appellant is retaining driver's
licen,,;e until final determination of the suspension of operating privilege.
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the
App6dant must be held before the Court of Common Pleas before an order of
supe:sedeas can be issued.
V// Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle
regis .ration until final determination of the suspension of'registration.
5. The said suspension of Appellant's operating privileges / regis,:ration is
impr,:per or unlawful for the following reasons:
Appellant respeotfullv requests that this matter be set down for a hearing and that
the order o.f suspension / order of denial be set aside.
Respectfully submitted by,
. ?.
Appellant
-2-
I verify that the statements made in this Petition are true and correct. I
unde'stand that false statements herein are made subject to the penalties of 18
Pa.C S.A. § 4904, relating to unsworn falsification to authorities.
Appellant
-3-
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
OFHCIAL NOTICE
MAIL DATE: 12/25/01
DAVID H CHAJKONSKI
508 2ND ST
NEN CUNBERLAND, PA 17070
Information (7:00 AM to 9:00 PM)
Pennsylvania 800-932-4600
Out of State 71%391-6190
TDD Pennsylvania 800-228-0676
TDD Out of State 717-391-6191
Dear Motorist:
You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance)
covering the operation of the following vehicle: MAKE: VOLKSWAGEN, BODY TYPE: COUPE,
VIN NO: 3VWBA21G6MM005149, TITLE: 48824825, TAG NO: DDP5832. This information was requested as
a result of this Bureau being notified by TICO INSURANCE COMPANY that the insurance policy covering the
vehicle was terminated on 09/15/01. Either no response was received or the information you provided indicated a
lapse of coverage which was not permitted under Section 1786 of the Vehicle Code.
As a result, the vehicle registration privilege will be suspended for three months effective 01/29/02 at 12:01 A.M. as
authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtain
reconsideration of this order by submitting a copy of your insurance identification card, the declaration page of your
insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan
as evidence that the described motor vehicle was continuously covered by liability insurance. If there was a lapse in
insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of
less than 31 days from 09/15/01, and also provide a notarized affidavit stating that your vehicle was not operated
during this time. It is necessary for you to provide copies of the insurance documents and return them with this
notification. A self addressed label is enclosed for your convenience. Please note that original documents will not
be returned. This is a final order of suspension and unless yon receive notice from this Department that
reconsideration was granted, you will be required to return your current registration plate, sticker and card.
Additionally, credit toward serving the suspension will not begin until the registration plate is received by the Bureau.
You will be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section
1960 of '.he Vc~icle C~!e. P!.~se see the e~closed app.~ieation for additional restoration fee information.
We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with the return
of your registration plate, sticker and card.
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 date of this notice. Sending a copy to this Department of a timely, filed appeal will stay the
Department's action pending a final decision by the court. The copy must be sent by certified mail to:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD
FLOOR, RIVERFRONT OFHCE CENTER, HARRISBURG, PA 17104-2516.
APPELLANT
V
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION BUREAU OF
DRIVER LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,~ d~a, ORDER OF COURT
AND NOW, this/~, y o f~.i~,~' 2~based upon Appellant's Appeal, a he~ng
shall be held only of ~, 20~n Cou~room ~ at ~o,o,oc~.m.
at the Cumberland County Courthouse.
7
DAVID CHAJKOWSKI, :
Appellant :
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION:
BUREAU OF DRIVER LICENSING, :
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-0398 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of March, 2002, after
hearing, the appeal of David Chajkowski to the suspension of his
registration on a certain 1991 Volkswagen coupe is dismissed,
and the suspension by the department is affirmed.
~eeorge Kabusk, Esquire
Attorney for Appellee
~/~avid Chajkowski 508 Second Street
New Cumberland, PA 17070
By the Court,
Edward E. Guido, J.
srs