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Home My WebLink About12-1651IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Donald Johnsonbaugh No. /a - 11ASI OA-v i I TerIK (Type your name) r-a 'nI Vs. Driver's License/Auto Registration Appeal ' ?i rn a-W r-- Commonwealth of Pennsylvania Department of Transportation _?-- -. Bureau of Drivers Licensing s ' 2 C) P, S LICENSE/AUTO REGISTRATION SUSPENSION APPEAL OF DRIVER s` AND NOW, this (enter today's date) March 14 2012 , comes the Appellant, (Type your name) Donald Johnsonbaugh , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 59335860001 JO 2. PennDOT proposes, by Notice dated (insert "mailing" date here) February 14 , 20.12 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) March 20 , 2012 ****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:) 1 msw ataU`417 -OR- The suspension of Appellant's automobile registration is contrary to law in that: n 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). V Other (specify reason:) My failure to have insurance was for a period of less then 31 days (10) days and I did drive my vehicle. I was not aware that I was driving uninsured and this is in my personal appeal with is attached. I have also included an Attachment showing the receipt of payment to the insurance company and the first (3) pages of my insurance policy showing that it was reinstated. WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, 'go-,- C (Sign nam ere) Donald Johnsonbaugh (Type name here) 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: c, ` Type Name: Donald Joh o augh Address: 261 Brick Ch ch Road City / State / Zip Code: Enola, PA 17025 _ Telephone Number: 717-585-7528 (cell) _ Email address: @ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Donald C. Johnsonbaugh No. (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 March 14 , 2012 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: March 14 , 2012 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: Ck Type your Name: Donal Johnsonbaugh Address: 261 Brick Church Road City / State / Zip Code: Enola, PA 17025 Telephone: (717) 585-7528 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAIJ OF MO'T'OR VEHICLES PO BOX 68674 HARRISBIJRG, PA 17106-8674 www.dmv.state.pa.us WID# 120389999016869 001 TITLE# 59335860 PROCESSING DATE 120207 TRANSACTION CODE 00060 DONALD JOHNSONBAUGH 261 BRICK CHURCH RD ENOLA, PA 17025 OFFICIAI. NOTICE MAII. DA'L'E: 02/14/12 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: FORD YEAR: 2003 BODY TYPE: TRUCK LICENSE PLATF,#: YME9277 TITI.E#: 59335860 VIN#: IFTYRIOIJ63TA22931 This information was requested because AMERICAN STATES INSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 12/20/11. 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 03/20/12 at 12:01 A.M. as authorised 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 Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street - 3rd Floor Harrisburg, PA 17104-2516 February 12, 2012 To whom it may concern: I apologize for the date of our appeal, but I was ill and then starting gathering information. We are appealing the suspension of the registration for the following vehicle: WID# 120389999016869 001 Title# 59335860 Processing Date 120207 Transaction Code 00060 Make: Ford Year: 2003 Body Type: Truck License Platet YME9277 Title#: 59335860 VIN#: 1FTYR10U63TA22931 We cannot report that we did not drive the vehicle between 12/20/2011 and 12/31/2011 because that would be false information. We sold our other vehicle on 12/21/11 due to finances and the rising cost of gas, so the vehicle in question was our only means of transportation. My husband works from 4:30a.m. to 12:30p.m. and there is no public transportation available at that time. As the owners spouse I can honestly tell you that my husband drove the vehicle without knowing that he may be driving without insurance coverage. With that being said, I would not have allowed him or myself to drive without insurance coverage if the facts would have been made clearer to me. I handle the finances and I take full responsibility for the insufficient fund issue, but I was in touch with the insurance company regarding this issue on several occasions and was never led to believe during any of the conversations that once they received the cash that they requested from me in the amount of $319 and change (I took them $320.00) that the insurance would not be reinstated back to 12/20/2011. 1 was under the impression that we were covered and that I should just get the money to the insurance company as soon as possible. They also never explained that we should voluntarily turn in the plate which if they knew they were going to report the lapse; I'm not sure why they didn't advise us of this. I found this out by doing research under PennDOT questions and answers. I'm not sure when they reported the lapse, but I took them the cash on 12/31/2011 and have included a receipt (Attachment A). This would have covered the month of November and December plus there was additional money that I wasn't sure what that was for. Our monthly premium ran $144.00 per month which would have equaled $288.00 for the (2) months, so there was an extra $32.00 that I gave them. Our next payment for January 20th, 2012 came out automatically. When we received the notice on January 4, 2012, the insurance company told me not to do anything, but to send it to her and she would send a letter to Penn DOT. I emailed her the letter and we waited for a response. She told me it would more than likely be in our favor since the insurance lapse was less than 30 days and that Penn DOT takes this into consideration. We never received anything until the letter of 02/14/12 when we were told to surrender the registration effective 03/20/2012. 1 placed a phone call and found out something was mailed to "Briak Church Road" and our address is "Brick Church Road" which is why we may not have received the second mailing. We received everything else fine. You said you either received no response or the information you received (which would have had to have come from the insurance company) was unacceptable. I have included a copy of the first (3) pages of our insurance policy (Attachment B). My husband and I have always followed the required rules and regulations in order to have the privilege to drive. We have always been licensed drivers with safe driving records; insured, registered and had our vehicles inspected as required by the law. This is the first time we have been faced with a situation such as this, and we would ask if at all possible some leniency and not to have the suspension invoked. We will still pay the required $50.00 restoration fee if necessary even if the appeal is granted. We can be reached if necessary at the following phone numbers: Donald C. Johnsonbaugh Cell (717) 585-7528 Work (717) 234-1872 Karen E. Johnsonbaugh Cell (717) 585-7527 Work (717) 565-7242 Thank you in advance for this consideration, Donald C. Johnsonbaugh Karen E. nsonbaugh toilwF. ?4wauwt? ;-? ?+ I -;- ?J- Received By: Enders Insurance Associates 5912 Linglestown Road P O Box 6118 Harrisburg, PA 17112-0118 Received From: Karen E. Johnsonbaugh Donald C Johnsonbaugh 261 Brick Church Rd Enola, PA 17025 RECEIPT FOR PAYMENT ACCOUNT NO. DATE JOHNKA1 12130/2011 K2039432 05/2000/2011 12/20/2011 c ?; 4 yS?a.?f{eco Insurance ( 7y ?. House Account This is to certify that we received payment, in the amount of $320.00, from the above listed customer. Sue Sarcone At-g Insurance-. THIS IS NOT A BILL. When money is due, you will receive a bill in a separate mailing. ENDERS INSURANCE ASSOCIATES PO BOX 6118 HARRISBURG PA 17112-6118 KAREN E JOHNSONBAUGH DONALD C JOHNSONBAUGH 261 BRICK CHURCH RD ENOLA PA 17025-2256 JANUARY 3, 2012 Policy Number. K2038432 24-Hour Claims: 1-800-332-3226 Policy Service: (717) 652-4902 Online Account Services: www.safeco.com IDENTIFICATION CARDS ENCLOSED Your insurance is being continued following a lapse in coverage. Coverages and limits you selected are continued to the extent they are still offered and are shown on the Policy Declarations. Exclusions previously signed by you continue and are part of the terms of coverage. The policy forms enclosed bring your policy up to date with the terms issued to new ?? customers and may differ from terms prior to coverage lapse. Please carefully review all policy ? information including the effective dates of coverage shown on your Policy Declarations. N -4 The premium for this policy is $1,797.00. The billing for this amount will be explained on the next ,°n° statement for your account number 7211-2038432. 0 If you have any questions or wish to make any changes to your policy, you can do so by calling o your agent at (717) 652-4902. 0 O ° We appreciate the opportunity to serve you. Thank you. O O N ti r O v, Personal Lines Underwriting O O s AMERICAN STATES INSURANCE COMPANY OC-429/EP 6/09 G1 Insurance,. s POLICY NUMBER: K2038432 AMERICAN STATES INSURANCE COMPANY AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: KAREN E JOHNSONBAUGH DONALD C JOHNSONBAUGH 261 BRICK CHURCH RD ENOLA PA 17025-2256 AGENT: ENDERS INSURANCE ASSOCIATES PO BOX 6118 HARRISBURG PA 17112-6118 POLICY PERIOD FROM: DEC. 31 2011 TO: DEC. 31 2012 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: (717) 652-4902 RATED DRIVERS KAREN E JOHNSONBAUGH, DONALD C JOHNSONBAUGH 2005 JEEP LIBERTY SPORT 4 DOOR ID# 1J4GL48KX5H524256 2003 FORD RANGER 2 DOOR PICK-UP ID# 1FTYRlOU63TA22931 - - ---- --------- -- DAMAGE TO A VEHICLE YOU RENT IS COVERED IN PART D - COVERAGE FOR DAMAGE TO YOUR AUTO, THE SAME COMPREHENSIVE AND COLLISION COVERAGES PURCHASED FOR YOUR OWN VEHICLES. THE SAME DEDUCTIBLES APPLY. IF YOU DID NOT PURCHASE COMPREHENSIVE OR COLLISION COVERAGES, YOU SHOULD CONSIDER THE PURCHASE OF INSURANCE THROUGH THE o NT RENTAL AGENCY WHEN YOU RENT A VEHICLE. %o ^' Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. 00 FULL TORT COVERAGE r- INCLUDED INCLUDED 0 o LIABILITY: C3 BODILY INJURY 0250,000 $ 150.20 $250,000 $ 154.00 0 Each Person Each Person o $500,000 $500,000 N Each Occurrence Each Occurrence ~ r PROPERTY DAMAGE $100,000 132.60 $100,000 133.50 o0. Each Occurrence Each Occurrence o `0 FIRST PARTY SENEPITS MEDICAL EXPENSES $100,000 98.10 $100,000 101.10 HORK LOSS $1,000 14.90 $1,000 15.40 Max Per Month Max Per Month $15,000 $15,000 Total Limit Total Limit - FUNERAL EXPENSES $2,500 .70 $2,500 .70 ?. ACCIDENTAL DEATH $5,000 1.60 $5,000 1.70 UNINSURED MOTORISTS (STACKED LIMITS): --- BODILY INJURY $250,000 30.10 $250,000 30.10 Each Person Each Person - $500,000 $500,000 Each Accident Each Accident UNDERINSURED MOTORISTS (STACKED LIMITS): BODILY INJURY $250,000 147.50 $250,000 147.50 = Each Person Each Person $500,000 $500,000 - Each Accident Each Accident -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 s Insurance-. POLICY NUMBER: AMERICAN STATES INSURANCE COMPANY AUTOMOBILE POLICY DECLARATIONS { COVERAGES 2005 JEEP LIMITS PREMIUMS 2003 FORD LIMITS PREMIUMS COMPREHENSIVE Actual Cash Value $ 56.70 Actual Cash Value $ 50.30 Less $100 Deductible Less $100 Deductible COLLISION Actual Cash Value 190.90 Actual Cash Value 208.30 Less $250 Deductible Less $250 Deductible Diminishing Dad $250 Diminishing Dad $250 ADDITIONAL COVERAGES: LOSS OF USE $50 Per Day/$1500 Max 14.90 $50 Per Day/$1500 Max 12.80 ROADSIDE ASSIST 7.80 7.80 SAFECO OPTIMUM PACKAGE PLUS 43.20 44.60 TOTAL $ 889.20 TOTAL $ 907.80 TOTAL EACH VEHICLE: 2005 JEEP $ 889.20 2003 FORD 907.80 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 1,797.00 DISCOUNTS & SAFECO SAFETY REWARDS You saved $211.50 Included TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 1,797.00 You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay, Annual 2-Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: $2.00 per installment for recurring automatic deduction (EFT) $2.00 per installment for recurring credit card or debit card $5.00 per installment for all other payment methods YOU SAVED $211.50 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: Anti-Theft Coverage Homeowners Multi-Car Both Side Air Bag POLICY FORMS APPLICABLE TO THIS POLICY: SA-1697/EP 9/90, SA-2573/PAEP R1 3/11, SA-1701/EP 9/90, SA-2769/PAEP 11/09 Q Q Ra_1RQRlFP won IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'D,nola C -1 (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. /a - /1.61 Oivirrerpw Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this I'? 1 day of , 20 P', a hearing is scheduled on the appeal of Petitioner for the day of 20 at _q:6 _A M in Courtroom # (2? 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, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 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. f Dcnald e . John,5011 h .? -PA + =-%Fx)r?0-+,0' I 1? Mal ha'DKg Judge r-..; r-- zm =? ?E= n n CD iy = ,z ? -? rj n.. "- f--..- DONALD JOHNSONBAUGH, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1,7 2012-1651 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 22nd day of June, 2012, the defendant having resolved this matter with the Department, IT IS HEREBY ORDERED AND DIRECTED that this appeal is remanded back to the Department of Transportation. By the Court, M. L. Ebert, Jr., J. C Donald Johnsonbaugh, Appellant 261 Brick Church Rd. Dr.} =M Enola, Pa. 17025 4 '- 5 Philip M. Bricknell, Esquire --? Na -? For Appellee : mt f 41 /MCP ? /f d C