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Home My WebLink About12-0737IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA melinda duncar Joseph a hitz sr No. L2- 61/1 !i ?/1*y (Type your name Vs Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Drivers License/Auto Registration Appegr l - ;,-r ? M : rte APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION - c'°? AND NOW, this (enter today's date) feb 7 2012 , comes the Appellant, (Type your name) melinda duncan joseph a hitz sr _______L by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 68626888 2. PennDOT proposes, by Notice dated (insert "mailing" date here) feb 5 , 2012 to suspend Appellant's driving privileges ? automobile registration for a period of (Insert length of suspension) three months pursuant to Section 1786(d) of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 03/11 02012 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. ? Appellant did not knowingly or intelligently refuse a chemical test; ? The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other (Specify reason:) de?? j? Pd p ??v2 -7o ?7$ 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). Other (specify reason:) didn't drive vehicle during the time of laps of insurance from dec 2 2011 to jan 12, 2012. but as soon as i got insurance i sent a copy to penn dot right away. WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign name here) melinda dunc4ioseph a hitz sr (Type name he e) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: T e Name: melinda dunca toseph a h?z sr YP Address: 330 w perry st City / State / Zip Code: enola Pa 17025 Telephone Number: 7173157017-7175799987 Email address: @ 2 COMMONWEAI,TII OF PENNSYLVANIA DEI'AR7'Nil-"NI' OF 'I'RANSPOR'I'A1'ION BIJREAlJ OF MOTOR VEHICLES PO BOX 68674 HARRISBIjR(;, PA 17106-8674 www.dmv.state•pa.us WID# 120299999046304 001 TITLE# 68626888 PROCESSING DATE 120129 TRANSACTION CODE 00060 MELINDA J DUNCAN & JOSEPH ALLEN HITZ 330 W PERRY ST ENOLA, PA 17025 OFFICIAI. NO'CICE Dear Customer: MAIL. DATE: 02/05/12 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: DODG1; YEAR: 2007 BODY 7'YPE: 'l'RlJCK LICENSE, 11LA'l'E##: ZlIN5327 68626888 N'IN##: 11)711L118I'37J623816 'T'his information was requested because 13RIS'I'01. WF,S1' ISIS CO notified us that the insurance policy covering the vehicle listed above was terminated on 12/02,111. 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 03/11/12 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 'I'ransportation. DO 'CIO'[' SEND CASK. 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 1'ransportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 Policy Declarations A summary of your auto insurance coverage Welcome. Thank you for insuring with us. Your declarations are effective as of 01!12/2012. INSURANCE INFORMATION Named Insured: Joseph Hitz Melinda Duncan Policy Number: AOS-288-573015-40 2 1 Policy Period: 01/12/2012-01/12/2013 12:01 AM standard time at the address of the Named Insured as stated below. _ Mailing Address: 330 W Perry St Enola PA 17025-2536 _ Affinity Affiliation: Members First Credit Union VEHICLES COVERED BY YOUR POLICY VEH YEAR MAKE MODEL VEHICLE ID NUMBER 1 2007 DODGE RAM 1D7HU18P37J623816 COVERAGE DETAILS Your total annual policy premium for all covered vehicles is shown below. A premium is shown for each type of coverage you have purchased for each vehicle. Where no premium is shown, you have not purchased the indicated coverage for that vehicle. THIS POLICY COVERS COLLISION DAMAGE TO RENTAL VEHICLES. COVERAGE INFORMATION Liberty Mutzial? ACTION REQUIRED: Please review and keep for your records. QUESTIONS ABOUT YOUR POLICY? By Phone For Service: 1-800-225-7014 Liberty Mutual 100 Lincolnway West Mishawaka, IN 46544 Sales Representative M Stine 1-717-741-5033 1-800-276-1828 To report a claim 1-800-2CLAiMS (1-800-225-2467) Total Annual Policy Premium: $3,191.00 Your discounts and benefits have been applied. Includes state sales tax and local surcharge where applicable. THIS IS NOT YOUR AUTO INSURANCE BILL.YOU WILL BE BILLED SEPARATELY. COVERAGE LIMITS PREMIUM PER VEHICLE VEH 1 A. Liability Bodily Injury 5 15,000 Each Person $344 $ 30,000 Each Accident Property Damage $ 5,000 Each Accident $653 C. Uninsured Motorists Uninsured Motorists $ 15,000 Each Person $64 Bodily Injury $ 30,000 Each Accident Limited Tort Option Selected AUTO 4210 10 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA melinda duncan oseph hitz sr No. 1; / 3 (Type your name Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on feb7 , 2012 , 1 caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: feb7 , 2012 Signature: r G? Type your Name: melinda duncaioseph hitz sr Address: 330 w perry st City / State / Zip Code: enola pa 17025 Telephone: 7173157017-7175799987 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA melinda duncavjoesph hitz sr No. /?-. '73`7 -J (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL Q 20, a hearing is scheduled AND NOW, this V day ofj-+ on the appeal of Petitioner for the o ? day of 20/J- at q:.60 ?&M in Courtroom # Z of the Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, P Floor 1101 South Front Street Harrisburg, PA 17104-2516 dge ? Pn (Dept oP Irtitn? rMh e ?P ie ' - ; )101) 01 va j< ? ow CD D N(etrs5c Lim" r_?C i 71 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. t)/ Rv tha Cnurt. MELINDA DUNCAN and JOSEPH IN THE COURT OF COMMON PLEAS OF RITZ, SR., CUMBERLAND COUNTY, PENNSYLVANIA Appellants V : 2012-0737 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION REGISTRATION SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL FROM REGISTRATION SUSPENSION ORDER OF COURT AND NOW, this 22nd day of June, 2012, after hearing in the above-captioned matter, the court does find the Commonwealth has not met its burden in this case and accepts as true the testimony of Appellant Duncan that she had been advised by the insurance company that the policy was not going to be suspended until after December 11, 2011. Accordingly, the appeal is sustained. The Appellants' vehicle registration will not be suspended. By the Court, '?N' ?- M. L. Ebert, Jr., rn C' S °r. ? Melinda Duncan/Joseph Hit.z, Sr., Appellants <T- IV GJ , --+c: 330 W. Perry St. '0 Enola, Pa. 17025 "r Philip M. Bricknell, Esquire For Appellee mtf 4cpC5 nta, / e, ? ?,/GL