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 **