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HomeMy WebLinkAbout12-5513IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA LEA YERGO No. I1?_ SC J I J` cl:) (Type your name) Vs Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing C rvi1ft Driver's License/Auto Registration AppeaM C) >CZ: APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION - r1a +v coo .ro 1 Q1 ss ?.o °w AND NOW, this (enter today's date) SEPTEMBER 2012 , comes the Appellant, (Type your name) MONICA LEA YERGO , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: HZW9392 2. PennDOT proposes, by Notice dated (insert "mailing" date here) SEPTEMBER 10 , 2012 to suspend Appellant's driving privileges a automobile registration for a period of (Insert length of suspension) 3 MONTHS pursuant to Section 1786(d) of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) OCTOBER 15 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; F1 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:) M} g?0_?JsPa 09Ifa?,asb -OR- The suspension of Appellant's automobile registration is contrary to law in that: F] 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:) THE DMV DID NOT RECEIVE MY PROOF OF INSURANCE WITHIN 30 DAYS OF MY OTHER INSURANCE BEING CANCELLED. HOWEVER, I WAS NOT WITHOUT VALID VEHICLE INSURANCE AT ANY TIME AND I HAVE ATTACHED PROOF OF INSURANCE SHOWING THAT THERE WAS NEVER A LAPSE. 1 STARTED INSURANCE WITH ERIE INSURANCE ON 7/20/2012 THE SAME DAY I TERMED INSURANCE WITH MY PREVIOUS AGENT, ESURANCE. I AM STILL CURRENTLY INSURED WITH ERIE INSURANCE AND MY INSURANCE WITH THEM IS VALID UNTIL 1/20/2013. WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, 7W aLk (?Jj Z, (ign name here) MONICA LEA YERGO (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 24 1 Type Name: MONICA LEA YERGO Address: 1010 HIGHFIELD COURT City / State / Zip Code: MECHANICSBURG, PA 17055 Telephone Number: 717-315-7028 Email address: MLYERGO (a GMAIL.COM 2 Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3 d Floor Harrisburg, PA 17104-2516 RE: Formal Appeal of Suspension of my vehicle MAKE: HONDA YEAR: 2011 BODY TYPE: SEDAN LISCENSE PLATE#: HZW9392 TITLE#: 69176061 VIN#:1HGCP2F47BA040119 To whom it may concern: I received notice in the mail today that the registration for my vehicle will be "suspended for three months effective 10/15/12 at 12:01am as authorized by Section 1786(d) of the Vehicle Code" because "either no response was received or the information... provided was not acceptable" I hereby appeal this determination as I have not been without valid vehicle insurance since purchasing the vehicle on 7/17/2012. After I purchased my new vehicle, I chose to change insurance companies from ESURANCE to ERIE INSURANCE because of better rates. On 7/20/12, 1 went to James B Murdoch Insurance Group, INC. at 4300 Carlisle Pike Camp Hill, PA and purchased insurance with agent Jesse C. Biretz. I purchased insurance with them and paid for the entire year, with the policy being effective as of 7/20/2011. That same day, I went home and cancelled my ESURANCE policy with them over the phone. I was never without valid vehicle insurance on my new Honda. I received a letter from PA DMV a few weeks later requesting that I send in proof of insurance. I have done so. I do not know if you did not receive it, if it was not processed, or if for some reason more information was needed. I am submitting a copy of my insurance information as provided to me by my insurance company, Erie Insurance, showing an effective date of 7/20/2012, also showing that it is valid until 1/20/13 which indicates that I have purchased an entire year of vehicle insurance. I am also sending in a copy of my transaction history from my bank showing that Erie processed my check on 7/23/2012. I have confidence that you will find this information acceptable and I kindly request that you cancel the notice of suspension and waive the $SO restoration fee. This is my only vehicle and mode of transportation, so it is imperative that the registration on this vehicle not be suspended. If there is any other information you need, please contact me as soon as possible. I have provided below my phone number, email address, and home address for your convenience. Thank you. Monica L. Yergo 1:2{ ut-?, 1010 Highfield Court Mechanicsburg, PA 17055 Phone: 717-315-7028 Email: mlyergo@gmail.com FINANCIAL RESPONSIBILITY IDENTIFICATION CARD INSURANCE COMPANY NAME NAIC CODE ERIE INSURANCE EXCHANGE 26271 POLICY NUMBER EFFECTIVE UNTIL Q07-2013274D0 07120/2012 01120/2013 NOT VALID MORE THAN SIX MONTHS FROM EFFECTIVE DATE 2011 HOND 1HGCP2F47BA040119 YEAR MAKE V.I.N. If only 5 digits, they are the last 5. NAMEDINSURED MONICA L YERIGO 1010 HIGHFIELQ COURT MECHANICSBURG PA 17055 SEE IMPORTANT MESSAGE BELOW YOU NEED THE I.D. CARD FOR VEHICLE INSPECTION AND OTHER PA STATE REQUIREMENTS. YOUR AUTO POLICY IS EFFECTIVE FROM:07120/2012 TO:0712012013 TO COMPLY WITH PENNSYLVANIA LAW, WE WILL: 1. Issue a 6 month I.D. card on the policy effective date. 2. Six months later issue another 6 month I.D. card. 3. Issue a card for replacement or additional vehicle(s). YOUR AGENT PHONE: (717)737-9900 JAMES B. MURDOCH INS. GRP. INC AA7034 4300 CARLISLE PIKE CAMP HILL PA 17011 Erie lnsuranceR 100 Erie Insurance Pl. Erie, PA 16530 'l ;? &?" ? Authorized Signature THIS CARD MUST BE CARRIED FOR PRODUCTION UPON DEMAND. IT IS SUGGESTED THAT YOU CARRY THIS CARD IN THE INSURED VEHICLE. WARNIN L7 Any owner or registrant of a motor vehicle who drives or permits a motor vehicle to be driven in this state without the required financial responsibility may have his registration suspended or revoked. IN THE EVENT OF AN ACCIDENT OR LOSS IMPORTANT NOTICE Regarding your Financial Respcnslb?ntyy7 NOTE: THIS CARD IS REQUIRED WHE • Help any injured. Get names, addresses, auto license insurance Identification Card. plate numbers of involved, including all witnesses. The ERIE INSURANCE COMPANY is required by (1) You are involved in an auto accident. • Do not discuss an accident with anyone except the Pennsylvania Law to send you an I.D. card. The police or our representative. card shows that an insurance policy has been (2) You are convicted of a traffic offense • Protect your auto and any property from further damage. issued for the vehicle(s) described satisfying the other than a parking offense that • Promptly call the police if someone is injured, damage is financial responsibility requirements of the law. requires a court appearance. extensive, or in case of theft. In case of "hit-and-run," you must report the accident to the police within 24 hours or as soon as possible. • Notify your Agent or ERIE of the accident or loss. RAUD FINDERSO HOTLINE To confidentially report information on insurance fraud activities, Call our FRAUD FINDERS® HOTLINE Toll-Free at 1-800-368-6696 If you lose the card, contact your insurance company for a replacement. The I. D. card information may be used for vehicle registration and replacing license plates. If your liability insurance policy is not in effect, the I.D. card is no longer valid. You are required to maintain financial responsibility on your vehicle. It is against Pennsylvania Law to use the I.D. card fraudulently such as using the card as proof of financial responsibility after the insurance policy is terminated. You must provide a copy of this card to the Department of Transportation when you request restoration of your operating privilege and/or registration privilege which has been previously suspended or revoked. CLAIM SERVICE - For Claim Service anywhere in U.S. or Canada, call YOUR AGENT or, using the list below, call the Claim Office NEAREST YOUR HOME. State * claim Office Call Toll-Free DC SILVER SPRING 800-492-2709 IL PEORIA 888-335-3743 IN FORT WAYNE 800-892-5655 INDIANAPOLIS 800-624-1620 MID SILVER SPRING 800-492-2709 HAGEIRSTOWN 800-533-5602 NC CHARLOTTE 800-473-3882 RALEIGH 800-533-3982 NY ROCHESTER 800-333-0823 State * Claim Office Call Toll-Free ALLENTOWN/BETH 800-322-9026 ERIE 877-771-3743 HOME OFFICE (ERIE) 800-458-0811 PA HARRISBURG 800-382-1304 JOHNSTOWN 800-241-4209 MURRYSVILLE 800-553-3367 PHILADELPHIA 800-821-2902 WARRENDALE 800-922-1824 CANTON 800-362-6541 RICHMOND OH COLUMBUS 800-282-1702 VA ROANOKE WAYNESBORO BURG (3) You are stopped for violating any provision of the Vehicle Code (75 Pa. C.S.§101-9910) and requested to produce it by a police officer. (4) You take the described vehicle to an inspection station to be inspected. To report your claim after hours (5:30 p.m. to 8:00 a.m.) or on weekends, please call your Agent or our After Hours Claims Service Toll-Free at 1-800-367-3743 FRAUD FINDERS® HOTLINE To confidentially report information on insurance fraud activities, Cali our FRAUD FINDERS® HC Toil-Free at 1-800-368-6696 To report an auto glass claim, call ERIEGIass (SM) Toll-Free at 1-800-552-3743 43 Our phones answer 24 hours a day, 7 days a week! Please note that this document may not meet format requirements for Insurance Identification (ID) cards in your state. If a replacement ID card Is required, please contact your Agent. 800-322-3743 IM_ioaa since I LPS:/im onlme .TYell'wrs S..oT° nP e a '<;^c ?CCn!.^.`.C^mm?rV f\ Date Description Amount Balance Check 07/23/2012 ERIE INSURANCE : ACHWEB ID: 9091210001 DATA: PEC1 CO: ERIE -o62 G0 $141.05 INSURANCE %% ACH ECC WEB %% ACH Trace 021001037768806 07/23/2012 267561701884 JO JO'S PIZZA AND PAST MECHAN 07/22/12%% $-22,85 $803.05 i Card 15 #97062 i 07/23/2012 650000005302461 FUSION FIRE ASIAN RESTA CA 07/22/12%% 5-46 22 1$825 90 Card 15 #97062 . . 1 of] 9/5/2012 8:10 PM COMMONWEAI:1'H OF PENNSYLVANIA DEI'AR'FMEN'I' OF TRANSPORTA3'ION BUREAU OF MOTOR VEHICLES PO BOX 68674 fIARRISBURG, PA 17106-8674 www.dniv.state.pa.us WID# 122479999009776 001 TITLE# 69176061 PROCESSING DATE 120903 TRANSACTION CODE 00060 MONICA LEA YERGO 1010 HIGHFIELD COURT MECHANICSBURG, PA 17055 OFFICIAL NO'T'ICE MAIL DATE: 09/10/12 Dear Customer: 'I'he Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: HONDA YEAR: 2011 BODY TYPE: SEDAN LICENSE PI.A'FL#: IILW9392 1'I'l'LE#: 69176061 VIN##: IIIGCP2F47l3A040119 'T'his information was requested because I:SURANCI INSIAZANCI COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 07/20/ 12. 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 10/15/12 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 not send cash. You can also pay by credit card online at ?vww.dmv.state. pa.us by selecting "Ilay Your Financial Responsibility Restoration Pee". 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 fetter within 3 weeks confirming that they wcrc received. If, after 3 ;seeks 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 r ght 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ff ? MONICA LEA YERGO No. SS) l l I (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE The undersigned hereby certifies that on SEPTEMBER 6 , 2012 , I 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, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: SEPTEMBER 6 , 2012 Signature Type your Name: AJA ?A MONICA LEA YERGO Address: 1010 HIGHFIELD COURT City / State / Zip Code: MECHANICSBURG, PA 17055 Telephone: 717-315-7028 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT **