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Home My WebLink About02-0486 SAIDIS SHUFF, FLOWER & LINDSAY ATrOI~YS*AT*LAW 26W. High Street Carlisle, PA JAMES E. SCHELL, individually and: IN THE COURT OF COMMON PLEAS d/b/a SCHELL MECHANICALS, Appellants Mo PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Appellee : CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ -/~, ORDER OF COURT AND NOW, this day of ordered and directed that a hearing be held on the ,2002, at __ m. in Courtroom No. ,2002, it is hereby day of of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT, SAIDIS SHUFF, FLOWER & LINDSAY ATTORI~YS*AT*LAW 26W. High Street Carlisle, PA JAMES E. SCHELL, individually and: IN THE COURT OF COMMON PLEAS d/b/a SCHELL MECHANICALS, Appellants PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Appellee : CUMBERLAND COUNTY, PENNSYLVANIA .' . ; : NO. do'~-- L'J~R : APPEAL OF VEHICLE REGISTRATION SUSPENSION ANDNOW, this'~'~' dayof ~'Tc,,,vo--~ ,2002, comes James E. Schell, individually and d/b/a Schell Mechanicals, through their undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and appeals the suspension of his vehicles' registration and avers in support thereof as follows: 1. Appellant, James E. Schell, is the owner of a 1995 Ford Thunderbird, VIN No. 1FALP6243SH197672, TAG No. BMT2044. 2. Appellant, Schell Mechanicals, a business owned by Appellant, James E. Schell, owns a Ford Econoline Van, VIN No. 1FTHE24H8SHC16781, TAG No. YHE2938. 3. By notice dated 12/24/01, Appellant, James E. Schell, was notified that the vehicle registration for his Ford Thunderbird was being suspended for three months effective 1/28/02. A true and correct copy of the official notice is attached hereto, incorporated herein by reference and marked as Exhibit "A". 4. Appellant, Schell Mechanicals received notice dated 12/28/01, that the vehicle registration for the Ford Econoline Van was being suspended effective SAIDIS SHUFF, FLOWER & LINDSAY A~YS.AT*LAW 26 W. High Street Carlisle, PA 1/28/02. A true and correct copy of the additional notice is attached hereto, incorporated herein by reference and marked as Exhibit "B". 5. Appellants, James E. Schell, and Schell Mechanicals, believe and therefore aver that the action taken by the Pennsylvania Department of Transportation regarding the vehicles' registration, is inappropriate, and therefore appeals the decision suspending the registration on the subject vehicles. WHEREFORE, the Appellants, James E. Schell, individually and Schell Mechanicals appeal the suspension of the subject vehicle registrations and request that a hearing be scheduled before the Court. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY B~ //os;ph L. Hitchings, Esq. '---. ~ bt I.D. # 65551 -- 26 W. High Street Carlisle, PA 17013 Attorney for Appellant SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AToLAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing Appeal of Vehicle Registration Suspension are true and correct. I understand that false statements herein are made subject to the ~ 4904, relating to unsworn penalties of 18 Pa. C.S. falsification to authorities. ~/~nes E. $chell b/a Schell Mechanicals Exhibit A JAMES E SCHELL 5]8 ALLENVIEW DR MECHANICSBURG, PA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFHCIAL NOTICE MAIL DATE: 12/24/01 Information (7:00 AiM 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 17025 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: FORD, BODY TYPE: SEDAN, VIN NO: IFALP6243SHI97672, TITLE: 50239205, TAG NO: BMT2044. This information was requested as a result of this Bureau being notified by NEW HAMPSHIRE INDEMNITY COMPANY that the insurance policy covering the vehicle was terminated on 09[05[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 01/28[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 hinder 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 09/05/01, 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 you 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 nvill be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section 1960 of thc Vehicle Codc. Please see the enclosed application 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 mall to: PENNSYLVANIA DEPAR'EVIENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFI:ICE CENTER, HARRISBURG, PA 17104-2516. Exhibit B COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 ADDITIONAL NOTICE MAIL DATE: 12/28/01 SCHELL MECHANICALS DBA JAMES E SCHELL 538 ALLENVIEW DRIVE MECHANICSBURG, PA ~7050 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 71%391-6191 Dear Motorist: You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) coveting the operation of the following vehicle: MAKE: FORD, BODY TYPE: TRUCK, VIN NO: IFTHE24HSSHCI6781, TITLE: 52772213, TAG NO: YHE2938. This information was requested as a result of this Bureau being notified by NEW HAMPSHIRE INDEMNITY COMPANY that the insurance poficy covering the vehicle was terminated on 09/05/01. 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 01/28/02 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 09/05/01, 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 xviil not be returned. This is a final order of suspension and unless you 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. Yotrwill be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section 1960 of the Vehicle Code. 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 OFFICE CENTER, HARRISBURG, PA 17104-2516. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26 W. High Street Carlisle, PA hereby f r rrect copy of the foregoing Appeal of Vehicle Registration Suspension upon all parties of record via United States Mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor River Front Office Center Harrisburg, PA 17104-2516 Mr. Jim Schell 538 Allenview Dr. Mechanicsburg, PA 17055 SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High S~reet Carlisle, PA FEB JAMES E. SCHELL, individually and: IN THE COURT OF COMMON PLEAS d/b/a SCHELL MECHANICALS, CUMBERLAND COUNTY, PENNSYLVANIA Appellants V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Appellee NO. O~ -~ AND NOW, this ordered and directed that a hearing be held on the · 2002, at~U' .~e' m. in Courtroom No. County Courthouse, Carlisle, PA. ORDER OF COURT d~ ~ day of .~.//zzz~ ,2002, it is hereby day of of the Cumberland BY THE COURT, SAIDIS SHUFF, FLOWER & LINDSAY 26W, High Street Carlisle, PA JAMES E. SCHELL, INDIVIDUALLY and d/b/a SCHELL MECHANICALS, APPELLANTS PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, APPELLEE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : .. : NO. 02-486 CIVIL TERM . : PRAEClPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw the Appeals filed on behalf on the Appellants, James E. Schell and d/b/a Schell Mechanicals in the above referenced case. Dated: ~- ~- ~) ~, Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~ttSore~yLi. DH!t~;n5g5~5'l E~ sq u ire ~, 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for the Appellant SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE On this ,~'/~d'ay of ~ . 20~1 hereby certify that I served a true and correct copy of the foregoing PRAECIPE TO WITHDRAW AN APPEAL upon all parties of record via United States Mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor River Front Office Center Harrisburg, PA 17104-2516 SAIDIS, SHUFF, FLOWER & LINDSAY