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HomeMy WebLinkAbout13-0959IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C?r4,01,,- J lT???4}1L- (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. c cs? . ;r; ETl Driver's License/Auto Registration Appi IE- tv APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) ') , 20 1 , comes the Appellant, (Type your name) (-\,, r>S?aPk?? "S' _, by his/her attorney, - and states as follows: 1. Appellant's PA operator's number or automobile registration number is: C- 2 ) -) 'k cy ? L t-Fh / -;l 2. PennDOT proposes, by Notice dated (insert "mailing" date here) '20 to suspend Appellant's driving privileges ® automobile registration for a period of (Insert length of suspension) J /?` G RS pursuant to Section of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) '3 - S 120 ****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:) C163 -75- ra PR ZV,Ski A!t 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). F Other (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, 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. 1 Signature: Type Name: ?ri5 v..S Address: City / State / Zip Code: tCLA,L r_ ?1, Q A- ( 7D0_ Telephone Number: qLf lr- ?Sdz Email address: CLIon h, - a @ &,:KO.1. c0.1.1 2 (Type name here) COMMONWEAI;I'H OF PENNSYLVANIA DEPAR'rMEN'I' OF 'I'RANSPOR'I'ATION BIJREAtJ OF MOTOR VEHICLES PO BOX 68674 HARRISBIJRG, PA 17106-8674 rvrvrv.dmvstate.pa.us WID# 130229999075777 001 TITLE# 53178956 PROCESSING DATE 130122 TRANSACTION CODE 00470 CHRISTOPHER J HOUGHT 502 E WINDING HILL RD MECHANICSBURG, PA 17055 OFFICIAI, NOTICE, MAIL DATE: 01/29/13 Dear Customer '['he Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: CIII;VROLEI' YEAR: 1998 BODY TYPE: "TRUCK I.ICENSE PLATE#: YZG 1907 TITLE##: 53178956 VIN#: 2GCF K 19R2W 1274465 '['his information was requested because GI;ICO CASIJI:I'Y CO notified us that the insurance policy covering the vehicle listed above was terminated on l2/104! 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 03/05/13 at 12:01 AAL as authorized by Section 1786(4) of the Vehicle Code. 'I'HIS IS A SINAI. 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. You can also pay by credit card online at www.dmv.state.pa.us by selecting "Pay Your I'inancial Responsibility Restoration Fee". 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, I'A 17104-2516 GEIC© NOTICE OF CANCELLATION OR REFUSAL TO RENEW BECAUSE THE COMPANY HAS DECIDED TO CANCEL YOUR POLICY FOR NONPAYMENT, PENNSYLVANIA LAW REQUIRES THAT YOU BE GIVEN A COPY OF THIS NOTICE. PLEASE READ IT CAREFULLY. In accordance with the cancellation provision of your policy, your automobile insurance is hereby canceled effective as of 12:01 A.M. Standard Time Dec-26-12. due to nonpayment of the premium for the policy below. Current Balance: $532.18 Premium Amount Past Due: $159.08 Your automobile insurance policy, policy number 4270-08-67-72 is being canceled by: GEICO Casualty Company This cancellation means that this policy will no longer be in force as of 12:01 A.M. on Dec-26-12. You have, therefore, at least 15 days to get new coverage, if you want to do so. Payment of the amount indicated above prior to the cancellation date will void this notice and keep your policy in effect. All payments will be applied to the oldest debt on the policy. A partial payment will not void this notice of cancellation. All payments are subject to normal collection. Payment Schedule Due Amount Keep Your Policy in Force ...ACT NOW! PAST DUE $ 159.08 If your payment and this notice have crossed in the mail, please disregard this notice and accept our thanks. If you have not sent in your payment, please do so now. To make this payment right now, simply go to geico.com or call 1-800-841-3000. There will be no lapse in coverage if your payment is _ postmarked prior to the cancellation date above. Funds are subject to collection. Remember - Your last full day of coverage is the day immediately before the cancellation date. See Reverse Side For Important Information Pol. #: 4270-08-67-72 Ylaas„ detach and uJurn the buit:xn pnrt3nr teeth ;njnrpayment :wade p,:yr:ble it, GEJin in the encl.»ed-e,,.'e!ope . Pol. #: 4270-08-67-72 NOTICE OF CANCELLATION OR REFUSAL 1.0 RENEW Notice Date: Dec-10-12 Canc. Date: Dec-26-12. Current Balance Minimum Amount Due CHRISTOPHER J HOUGHT 502 E WINDING HILL RD $532.18 $159.08 MECHANICSBURG PA 17055-4990 Ill?ltll,Itll,Iatlil,VIII„illlll,,,ll,iI,JLIiL.IILi,l,ll ONE GEICO PLAZA Bethesda, MD 20811-0001 11-44-PA-»Y (10-10) 4270086772 1236199100511 00159087 00532184 esurance, Esurance Insurance Services, Inc. P.O. Box 5250 Sioux Falls, SD 57117-5250 1-800-ESURANCE(1-800-378-7262) Policy Declarations Page Personal Automobile Policy - Original Esurance Property and Casualty Insurance Company 650 Davis Street San Francisco, CA 94111 Pa ided a mium and limit or deductible are shown. • Premium Deductible BODILY INJURY 15,000/person 245.00 30,000/accident TORT - LIMITED TORT Included PROPERTY DAMAGE 10,000/accident 179.00 FPB MEDICAL 5,000/person 47.00 UMBI NON-STACKED 15,000/person 6.00 30,000/accident UIMBI NON-STACKED 15,000/person 7.00 30,000/accident Vehicle 1 Vehicle Vehicle Vehicle Premium Deductible Premium Deductible Premium Deductible Premium Deductible COMPREHENSIVE 35.00 1500 COLLISION 71.00 1500 FINANCE COMPANY NOTIFICATION FEE 3.00 FULL TERM PREMIUM $593.00 IMPORTANT NOTICE: IF YOU BUY COLLISION COVERAGE, AUTOS RENTED BY YOU FOR LESS THAN 6 MONTHS WILL BE COVERED, ON AN EXCESS BASIS, AND SUBJECT TO ALL CONDITIONS, TERMS AND LIMITATIONS CONTAINED IN THIS POLICY IF THAT AUTO IS DAMAGED IN A COLLISION. This policy is effective at 12:01 AM on the date shown or the time the policy was purchased, whichever is later. 7nn4 De nr, in Paae 1 of 2 CHRISTOPHER J HOUGHT 1 CHRISTOPHER J HOUGHT Named Insured 1976 502 E WINDING HILL RD MECHANICSBURG, PA 17055 Email: Chou ht2 mail.com _ Vehicle # Year Vehicle Description Vehicde Identification Number 1 1998 Chevrolet K1600 2GCEK19R2W1274465 Statement of Non-Operation of Vehicle NOT'E': THIS STA`I'I;MI?NT IS UNACC TTABLI IF INSURANCE LAPSE IS GREATER THAN 30 DAYS. All, INFORMATION MUST BE, COMPLETED BY TIII; VF,IIICLI; OWNF,R ONLY. 1, _ C?kr,' 45 P?' J _?t hereby state that I did not operate or permit operation of the following motor vehicle betweenf P-_/ Z to 9013 _ due to lapse of insurance. VIN 2Ci(' ,K 19R2W1274465TITLF, 53178956 ?I,ICF,NSE PLATF, NO. YZG1907 ure in'Aik Y L Date CHRISTOPHER J. NOUGHT, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 13-0959 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, APPEAL OF VEHICLE Respondent REGISTRATION SUSPENSION ORDER AND NOW, this 31St day of May, 2013, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. h CONTINUED and RESCHEDULED for the day of 2013, at 7? .m., in Courtroom Room No. ti of the Cumberland County Courthouse, --- Carlisle, Pennsylvania. =mac a � BY THE COURT: w J. Attest: ✓Christopher J. Hought, 502 E. Winding Hill Road, Mechanicsburg, PA 17055 " Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 sAII13 CHRISTOPHER J. NOUGHT, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 13-0959 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, APPEAL OF VEHICLE Respondent REGISTRATION SUSPENSION ORDER AND-NOW, this 14th day of August, 2013, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension.which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of 2013, at _.m., in Courtroom taf LO Room No. of the Cumberland County Courthouse, C-> Carlisle, Pennsylvania. BY THE COURT: Lij X:r cow J. Attest: Philip istopher J. Hought, 502 E. Winding Hill Road, Mechanicsburg, PA 17055 M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 3V/,/.3