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HomeMy WebLinkAbout13-1603 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN0,1VI Y, PENNSYLVANIA Abhishek Loka No. I3- 403 1 rM n (Type your name) = -off w MCO M M" Vs. Driver's License/Auto Registration Appea& — �A un Q T Commonwealth of Pennsylvania Department of transportation x'C-) s Bureau of Drivers Licensing cc---.. ; °f APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW,this(enter today's date) 02127 2013 ,comes the Appellant, (Type your name) Abhishek Loka , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: HPM0826 2. PennDOT proposes, by Notice dated (insert"mailing" date here) 02/27 ,2013 to suspend Appellant's driving privileges ❑✓ automobile registration for a period of(Insert length of suspension) 3 months pursuant to Section of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) 04/03 ,2013 ****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:) $103.75 PA PVF ��08�q 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: F1My 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). F7Other(specify reason:) PenDott has suspended my registration assuming that I did not have insurance in month of January. Please find the copy of my insurance in January attached. Pendott mentioned that they have sent me a mail asking for my insurance's copy. I or my roomate could have possibly misplaced that mail. I just changed my insurance provider from Geico to 21 st century in 1 st week of January. I request you to revoke the suspension on my car registration as I had insurance in January. WHEREFORE,Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign4 ame here) Abhishek Loka (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: Type Name: Abhishek Loka Address: 435 meadow dr City/State/Zip Code: Camp Hill, PA-17011 Telephone Number: 510-676-7344 Email address: loka.abhishek C@gmail.com 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT'OF TRANSPORTA'FION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID# 130519999036921 001 TITLE# 70814678 PROCESSING DATE 130220 TRANSACTION CODE 00060 ABHISHEK LOKA 435 MEADOW DR CAMP HILL, PA 17011 OFFICIAL NOTICE MAIL DATE: 02127113 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: HYUNDAI YEAR: 2009 BODY TYPE: SUDAN LICENSE PLATE#: 111IM0826 TITLE#: 70814678 VIN#: KNIIICN46C191J.317780 'I'his information was requested because GFICO GENFIRAL INSURANCE, COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 01/08/13. F,ither no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will he suspended for three months effective 04/03/13 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 Ice 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 wwwdmv.state.pa.us by selecting "Pay Your Financial 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 vou 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 FINANCIAL.RESPONSIBILITY FINANCIAL RESPONSIBILITY IDENTIFICATION CARD IDENTIFICATION CARD COMPANY: COMPANY: 21st Century Indemnity Insurance Company 21st Century Indemnity Insurance Company POLICY NO:213616 42 COMPANY NO:43974 POLICY NO:213616 42 COMPANY NO:43974 EFFECTIVE DATE: EXPIRATION DATE: EFFECTIVE DATE: EXPIRATION DATE: 01/04/13 07/04/13 01/04/13 07/04/13 Not Valid More Than 1 Year From Effective Dais Not Valid More Than 1 Year From Effective Data VEHICLE IDENTIFICATION NUMBER. YEAR: VEHICLE IDENTIFICATION NUMBER: YEAR: BMHCN46C39U317780 09 XMHCN46C19U317780 09 MAKE/MODEL HYUNDAI ACCENT GLS MAKE/MODEL:HYUNDAI ACCENT GLS INSURED: INSURED: ABHISHEX LORA ABHISHEX LORA 435 MEADOW AR 435 MEADOW DR CAMP HILL, PA 17011 CAMP HILL, PA 17011 AGENCY/COMPANY ISSUING CARD: AGENCY/COMPANY ISSUING CARD: 21st CENTURY INSURANCE 21st CENTURY INSURANCE 21ST CENTURY PLAZA 21ST CENTURY PLAZA P.O. BOIL 15510 P.O. Box 15510 WILMINGTON, DE 19850-5510 WILMINGTON, DE 19850-5510 SEE IMPORTANT NOTICE ON REVERSE SIDE SEE IMPORTANT NOTICE ON REVERSE SIDE ID-PA(1/01)r ID-PA(7/01)r IMPORTANT NOTICE Regarding your Financial Responsibility Insurance Identification Card. 21st Century Indemnity Insurance Company is required by Pennsylvania law to send you an I.D.Card. The card shows that an insurance policy has been issued for the vehicle(s)described satisfying the financial responsibility requirements of the law. If you lose the card,contact your insurance company or agent 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. Y i This card must be carried for production upon demand. It is This card must be carried for production upon demand. it is suggested that you carry this card in the insured vehicle. suggested that you carry this card in the insured vehicle. WARNING: Any owner or registrant of a motor vehicle who WARNING: Any owner or registrant of a motor vehicle who drives or permits a motor vehicle to be driven in this State drives or permits a motor vehicle to be driven in this State without the required financial responsibility may have his without the required financial responsibility may have his registration suspended or revoked, registration suspended or revoked. NOTE:THIS CARD IS REQUIRED WHEN: NOTE:THIS CARD IS REQUIRED WHEN: (1) You are involved in an auto accident. (1) You are involved in an auto accident. (2) You are convicted of a traffic offense other (2) You are convicted of a traffic offense other than a parking offense that requires a court appearance. than a parking offense that requires a court appearance. (3) You are stopped for violating any provision of 75 Pa. (3) You are stopped for violating any provision of 75 Pa. C.S. (relating to the Vehicle Code)and requested C. S. (relating to the Vehicle Code)and requested to produce it by a police officer. to produce it by a police officer. You must provide a copy of this card to the Department of You must provide a copy of this card to the Department of Transportation when you request restoration of your operating Transportation when you request restoration of your operating privilege and/or registration privilege which has been privilege and/or registration privilege which has been previously suspended or revoked. previously suspended or revoked. HELPPOINT®CLAIM POLICY SERVICE HELPPOINT"CLAIM POLICY SERVICE SERVICES SERVICES In case of accident or loss, To make a change to your In case of accident or loss, To make a change to your cats any time to report a policy call: call any time to report a policy call: claim:1-888-244-6163 1-800-241-1188 claim:1-888-244-6163 1-800-241-1188 21st ROADSIDE ASSISTANCE 21st ROADSIDE ASSISTANCE For help,call: For help,calk 1-800-439-5587 1-800-439-5587 E Please note you are required by law to keep this card with you when in your vehicle.You may need it to renew your license and/or vehicle registration and you will need to provide it as proof of insurance if requested by a law enforcement officer.Please check the name,address and vehicle information on the ID card to make sure it matches your registration. If any of the information is incorrect,please contact us to correct it. f. r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA abhishek loka n No. 13- 8003 l:tyi1 CI'111 (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this a1 day of % 20L3 _, a hearing is scheduled on the appeal of Petitioner for the day of -t 20-9- atcl-: db'k-M in Courtroom #c--)-'"of the Cumberland County Courthouse, One Courthouse Square, 41h 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 i Vehicle and Traffic Law Division i Riverfront Office Center,3`a 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. By the Court, c, MW rat rn ,, z= U)r - ry >c-; -�- x ._r ,c�%mss *a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nc� �---)6y3 (-1',)i e ,- f (Type your name) Vs. Driver's License/Auto Registration Appeal c> Commonwealth of Pennsylvania � Department of Transportation rin Bureau of Driver Licensing KI 4 CD CERTIFICATE OF SERVICE C' o a i The undersigned hereby certifies that on 03/q5 , 2013 , I caused to 64 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,P Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: , 20 Signature: Type your Name: Aa U { LO kA Address: "5 NeadQ14 - DI City/State/Zip Code: OW ArL-L, M — 1?0t Telephone: 510 7.31-� ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** ABHISHER LOKA, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 13-1603 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: X, 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 t` Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. t C _Cl- BY THE COURT: >- C') <(� u-.-,fir-' Low I- r� �d �AJ J. Attest: ✓Abhishek Loka, 435 Meadow Drive, Camp Hill, PA 17011 ✓Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 lQS , ��3r��3 �'r'1