Loading...
HomeMy WebLinkAbout13-4096 . Supreme CTI, ennsylvania Cou CO n,M Pleas For Prothonotary Use Only: Ct= ".ilShee't off, Docket No: Q/ j Cud be la" County " f d The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S E3 Complaint M Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Christina Rose Hilburger Cmwth of Pennsylvania, Dept of Transportation, BMV Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) r1ioutside arbitration limits O N Is this a Class Action Suit? [ Yes Xl No Is this an MDJAppeal? Q Yes ER No A Name of Plaintiff/Appellant's Attorney: Gary A. Ritter, Esq., 112 Market St., 5th Fl., Harrisburg, PA 17101 Check here if you have no attorney(are a Self-Represented I Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional [3 Buyer Plaintiff Administrative Agencies a Malicious Prosecution Q Debt Collection:Credit Card I! Board of Assessment E Motor Vehicle 11 Debt Collection:Other [3 Board of Elections 0 Nuisance x; Dept.of Transportation S 0 Premises Liability Statutory Appeal:Other 0 Product Liability (does not include E mass tort) Q Employment Dispute: 0 Slander/Libel/Defamation Discrimination C. 0 Other: ❑ Employment Dispute:Other :_ Zoning Board T ( Other: I: M Other: 0 MASS TORT M Asbestos N' Tobacco Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment Q Common Law/Statutory Arbitration B Eminent Domain/Condemnation FM Declaratory Judgment 0 Ground Rent [._i Mandamus 11 Landlord/Tenant Dispute Non-Domestic Relations D Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY - Mortgage Foreclosure:Commercial '-1 Quo Warranto Dental ID Partition LJ Replevin El Legal 0 Quiet Title 1 Other: Medical 0 Other: Other Professional: Updated 1/1/2011 PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER wrn c7— £Y Appellant, r �? cn � i /3 yo V. Docket No. maC7.) .. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellee. APPEAL OF FINAL ORDER OF SUSPENSION OF REGISTRATION COMES NOW your Appellant, CHRISTINA ROSE HILBURER (the "Appellant"), who appeals the Final Order of Suspension of Motor Vehicle Registration issued by the Appellant, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHCILES (the "Appellee") by Official Notice with Mail Date of June 16, 2013 (the "Notice") a copy of which is attached hereto as Exhibit "A" and made a part hereof, and in support thereof states the following: 1. The Appellant is the owner of a 2000 Chevrolet van with VIN #1G13FG15W2Y1230674;Title #6674385 and Pennsylvania license plate number JBD-7552 (the "Vehicle"). 2. The Appellant maintained insurance on the Vehicle with Government Employees Insurance Company I("GEICO"). 3. The Appellant received the Notice stating that the registration of the Vehicle was suspended for a period of three (3) months for failure to maintain insurance on the Vehicle. 4. The Notice stated that the GEICO automobile insurance policy was cancelled by GEICO on March 29,:2013. 5. The Appellant received an e-mail communication from GEICO on April 4, 2013, stating that her policy would be cancelled effective April 20, 2013, a copy of which is attached hereto as Exhibit "B" and made a part hereof.. 6. At that time,the Appellant was in the process of shopping for new insurance. 7. The Appellant secured new insurance on the Vehicle effective April 25, 2013. 8. The Appellant was unaware that GEICO intended to back-date the cancellation to March 29, 2013. ow C�s� 9. Based upon the cancellation date contained in the written notice from GEICO to the Appellant, there was only a lapse of coverage of five (5) days. 10. The Vehicle was not operated during this short lapse in coverage—April 20, 2013,to April 25, 2013. 11. Based upon the cancellation date contained in GEICO's notice to the Appellant, the period during which the insurance coverage had lapsed was less than thirty-one (31) days. 12. Suspension of registration is not appropriate for lapses in insurance where the period is less than thirty-one (31) days and the Vehicle was not operated during the Lapse. WHEREFORE, your Appellant prays that her appeal be granted and that this Honorable Court enter an order dismissing the Appellant's Final Order of Suspension. July 15, 2013 Gary A. Ritter, Esq. Pa, Sup. Ct. ID 37442 112 Market Street, 5th Floor Harrisburg, Pennsylvania 17101 Phone: 717.234.2666 Fax: 717.234.8198 CERFICIATE OF NOTICE I hereby certify that a time-stamped copy of this Appeal was mailed by certified first- class United States Mail on July 15, 2013,to: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 Gary A. Ritter, Esq. t VERIFICATION I,the undersigned, being the Appellant herein, hereby swear, subject to the penalties of 18 Pa. Cons. Stat. §4904,that the statements contained in the foregoing Appeal are true and correct to the best of my information, knowledge and belief. Christina Rose Hilb ger EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA I)EI'AR*I'MEN'I'OF 'I'RANSPOR'I'A'I'ION BIJREAIJ OF MOTOR VEHICLES PO BOX 68674 TiARRIS131JRG, PA 17106-8674 www.dmv.state.pa.us WID# 131609999015119 001 TITLE# 66674385 PROCESSING DATE 130609 TRANSACTION CODE 00060 CHRISTINA ROSE HILBURGER 3500 DELWOOD DR MECHANICSBURG, PA 17050 OFFICIAL NOTICE MAIL DATE- 06/16/13 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: cnj.;,vjtoLL,-r YEAR: 2000 BODY TYPE: STATION WAGON LICENSE. PLATE#: 313D7552 TITLE#: 66674385 VIN#: IGBFG15W2Y1230674 This information was requested because GEICO G171NI-*,,RAL INSIJRANCI-' COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 03/29/13. 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 07/21/13 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. 7Ii1S IS A FINAL ORDER OF SIJSPE NSION. 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.-,tate.pa.us by selecting "Pay Your Financial Itesponsibility 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, PA 17104-2516 If you believe your insurance coverage was terminated in error or you did not receive proper notice of your insurance termination, you should file a complaint with the Pennsylvania Insurance Department, Bureau of Consumer Services. Complaints can be filed via the website at www.insurance.pa.Qov or mailed to the Pennsylvania Insurance Department, Bureau of Consumer Services 1209 Strawberry Syuare, Harrisburg, PA 17120. Please include your insurance company name and policy number with your complaint. I3y Order of Director Bureau of Motor Vehicles Department of"Transportation Information (8:00 AM to 5:00 PM) Pennsylvania 800-932-4600 Out of State 717-412-5300 TDD Pennsylvania 800-228-0676 TDD Out of State 717-412-5380 EXHIBIT "B" Gary Ritter From: Christina Hilburger<christinahilburger@live.com> Sent: Tuesday, July 02, 2013 7:02 PM To: Gary Ritter Subject: FW: Your GEICO auto policy cancellation notice From:geico @emaill.geico.com To: christinahilburger @live.com Subject: Your GEICO auto policy cancellation notice Date: Thu, 4 Apr 2013 12:18:35 -0600 s eic com for 4 I oir s rs�lc Policy Number Ending In: 1458 Amount Due: $96.17 Cancellation Effective Date: 04/20/2013 Dear Christina Hilburger, Thank you for being a GEICO customer. Your policy is about to cancel for non-payment of premium. Act now to prevent cancellation of your insurance protection. Please send your payment prior to the policy cancellation date to prevent your policy from canceling. If you recently paid your bill, thank you for your business and please disregard this notice. To pay your premium or to review your billing status, visit our online Policyholder Service Center. We value your business and look forward to continuing to serve your insurance needs. Enroll in one of our automatic payment plans 1 3 �0a',�A I Sincerely, GEICO Customer Service GEICO Gecko image©1999-2013 This email was sent to you at the following email address: christinahilburoerCa)live.com Please note that you cannot opt-out of email that is required to properly service your policy.To manage your email subscriptions, please click here. 1 GEICO General Insurance Company Need to mail us a payment? Send it to: GEICO Remittance Center, One GEICO Plaza, Bethesda, MD 20810-0001 Message ID: GE000001 Version Number: 257607118 f r 2 PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER, Appellant, V. Docket No. 13-4096 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellee. ORDER SCHEDULING HEARING ON,APPEAL AND NOW,this 1g&day of July, 2013, a hearing is scheduled on'the appeal of the Petitioner/Appellant for the cM day of t ce.c , 201j, at :;?D 1,aM. in `h Courtroom# S of the Cumberland County Courthouse,One Courthouse Square,4Floor;Carlisle, PA 17013, at which time testimony will be taken and argument'heard. By the Court, J. cc: , Gary A. Ritter, Esq., Counsel for Appellant. ;/Office of Chief Counsel,Department of Transportation, Counsel for Appellee MCD p =CtZ 1 �.> 00 _ _ C: W PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF THE COUNTY OF.CUMBERLAND CHRISTINA ROSE HILBURGER, I Appellant, V. I Docket No. 13-4096 �1: Civil Term ' I . COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, ( p tv Appellee. CERTIFICATE OF MAILING On this Stn day of August,2013, 1 have mailed, U.S first-class mail, postage pre-paid,a copy of the Court's Order Scheduling Hearing on Appeal to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 A� Gary A. Ritter, Esq. Counsel for Appellant J 112 Market Street, St" Floor Harrisburg, PA 17101-2015 CHRISTINA R. HILBURGER, • IN THE COURT OF Petitioner : COMMON PLEAS OF • CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4096 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, • APPEAL OF VEHICLE Respondent • REGISTRATION SUSPENSION ORDER AND NOW, this 2nd day of October, 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. X CONTINUED and RESCHEDULED for the J 3 day of O ue - , 2013, at / 130 Q .m., in Courtroom Room No of the Cumberland County Courthouse, Carlisle, Pennsylvania. wct C' c ) -a; BY THE COURT: 7,fi/v(, c_, w J. Attest: . ary A. Ritter, Esq., 112 Market Street, 5th Floor, Harrisburg, PA 17101 /Kiilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 c °j' 1o/3`13 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA R. HILBURGER • • NO. 13-4096 Ccy iL�, c V. • -• w --t rr,W rri COMMONWEALTH OF PENNSYLVANIA, • z7:3 DEPARTMENT OF TRANSPORTATION, • BUREAU OF MOTOR VEHICLES • { ` ORDER > -4 . . =r AND NOW, this t?J day of , 2013, the appeal filed irrthe above referenced matter is: DISMISSED and the suspension shall be REINSTATED. SUSTAINED and the suspension shall be RESCINDED. REMANDED to the Department to update its records and to rescind the appealed suspension. RAWN. CON INUED AND RESCHEDULED for the 11 day of , 20t' , at ct:30 in Courtroom No. k of the Cumberland County Courthouse. HE Co • .wtk& A . PL74c J. ATTEST: Kelly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Gary Ritter, Esq., 112 Market Street, 5th floor, Harrisburg, PA 17101 Co es -Peascwtll Orva� J: / SD it,e � y y • � /03/43 PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER, Appellant, v. Docket No. 13-4096 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, cn�Appellee. PRiECIPE To the Honorable,the Prothonotary of the County of Cumberland: PLEASE withdraw the appeal entered in this matter as of the date hereof. Dated: January 17, 2014 Gary A. Ritter, Esq. PA Sup. Ct. ID 37442 112 Market Street,5th Floor Harrisburg, PA 17101-2015 Phone: 717.234.2666 Fax: 717.234.8198 cc: Office of Chief Counsel, Department of Transportation Counsel for Appellee CHRISTINA R. HILBURGER, • IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY • v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4096 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, • VEHICLE REGISTRATION Respondent • SUSPENSION APPEAL ORDER AND NOW, this 17th day of January, 2014, 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. \f's WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthouse, c, �? Carlisle, Pennsylvania. ;7) L)4 ',.,_C. p_ >,� C•1 BY THE COURT: ra... m a au_, w XL- Er:. J. Attest: ./ ary Ritter, Esq., 112 Market Street, 5th Floor, Harrisburg, PA 17101 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 %F.S irb3114._ a-� ��j`.'