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HomeMy WebLinkAbout13-4097 { Supreme CoutPennsylvania COu , f"C(iT mm on 3P1eaS For Prothonotary Use Only: t Y" SIEet Docket No: {�� ''�,, Cuf'a5b���nd�t° � County The information collected on this form is used solely for court administration purposes. This farm does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: j S El Complaint Writ of Summons "J Petition Q Transfer from Another Jurisdiction n Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Christina Rose Hilburger Cmwth of Pennsylvania, Dept of Transportation, BMV Dollar Amount Requested: Qwithin arbitration limits I Are money damages requested? 0 Yes No (check one) []outside arbitration limits + (J N Is this a Class Action Suit? 0 Yes Q No Is this an MDJAppeal? Yes ED No A Name of Plaintiff/Appellant's Attorney: Cary A.Ritter, Esq., 112 Market St.,5th FL, Harrisburg, PA 17101 Check here if you have no attorney(area Self-Represented [Pro Se[ :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 C:k Intentional. Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment Motor Vehicle I] Debt Collection:Other [i Board of Elections Nuisance Q Dept.of Transportation Premises Liability Statutory Appeal:Other S: Product Liability(does not include mass tort) [ ' Employment Dispute: Slander/Libel/Defamation Discrimination Other: Q Employment Dispute:Other Q Zoning Board ? + ri Other: 4_ © Other: '�. ' MASS TORT M Asbestos N ' Q Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment El Common Law/Statutory Arbitration Other: 0 Eminent Domain/Condemnation [3 Declaratory Judgment f i Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations U Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto Q Dental Q Partition Replevin Legal 0 Quiet Title 0 Other: Medical 0 Other: Other Professional: Updated 1/1/2011 )i . PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER, a rTj Appellant, { CD V. Docket No. COMMONWEALTH OF PENNSYLVANIA, ..._ DEPARTMENT OF TRANSPORTATION, ' ' ry :70 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 1998 Dodge sedan with VIN #1B3EJ46X8WN152250;Title #60649472 and Pennsylvania license plate number HPG-6783 (the "Vehicle"). 2. The Appellant maintained insurance on the Vehicle with Government Employees Insurance Company ("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. Mme+ lo,9- 7 ��` 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. 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 1-16—urger C — EXHIBIT "A" — COMMONWEALTH OF PENNSYLVANIA I)EI'ARI'MI?N'1'OF TRANSI'OR7'A7'ION BIJREAU OF MOTOR VEHICLES 110 13OX 68674 14ARRISI31JRG, PA 17106-8674 www.dmv.slate.pa.us WID# 131609999011170 001 TITLE# 60649472 PROCESSING DATE 130609 TRANSACTION CODE 00060 CHEISTINA ROSE HILBURGER 3500 DELWOOD DR MECHANICSBURG, PA 17050 OFFICIAL NOTICE MAIL llATE: 06/16/13 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: DODGE' YEAR: 1998 BODY TYPE': SI,DAN LICENSE PLATE##- 1-11'G6783 TITLE##: 60649472 VIN##: II33EJ46X8WN152250 This information was requested because GEICO GENERAL, INSIJRANCE 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. 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 13A 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 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 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 �G(V 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.gov or mailed to the Pennsylvania Insurance Department, Bureau of Consumer Services 1209 Strawberry Square, Harrisburg, PA 17120. Please include your insurance company name and policy number with your complaint. By Order of Director I3ureau of Motor Vehicles Department of Transportation Information (5:00 AM to 5:00 PM) Pennsylvania 500-932-4600 Out of State 717-4I2-5300 TDD Pennsylvania 500-225-0676 TDD Out of State 717-412-5350 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@emaiil.geico:com To:christinahilburger@live.com Subject: Your GEICO auto policy cancellation notice Date:Thu, 4 Apr 2013 12:18:35 -0600 mom° GEICM A. r 0 1 corn f 2 hour sor c 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 Sincerely, GEICO Customer Service GEICO Gecko image @1999-2013 This email was sent to you at the following email address: christinahilburgerplive.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 r 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 2 PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER, Appellant, V. Docket No. 13-4097 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellee. ORDER SCHEDULING HEARING ON APPEAL AND NOW,this dkday of July, 2013, a hearing is scheduled on the appeal of the Petitioner/Appellant for the day of /t-(! 201 , at__!�__:30 6.M. in Courtroom# of the Cumberland County Courthouse,One Courthouse Square,4th.Floor,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 Mc== CD ) O O C) C x- .. i PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER, Appellant, - C= mti1 Docket No. 13-4097 � � , 7, V. - :Z; Civil Term �> tsfi c COMMONWEALTH OF PENNSYLVANIA, -� DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, .. .! 51 Appellee. CERTIFICATE OF MAILING On this 5th 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 Gary A. Ritter, Esq. Counsel for Appellant 112 Market Street; 5th Floor Harrisburg, PA 17101-2015 i CHRISTINA R. HILBURGER, • IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4097 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, • APPEAL OF VEHICLE Respondent • REGISTRATION SUSPENSION ORDER AND NOW, this 2"d 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 // day of t=> /U0 , 2013, at 4..m., in Courtroom cr, Room No of the Cumberland County Courthouse, Carlisle, Pennsylvania. f -41 o BY THE COURT: c,- L4,{ � d - J. Attest: ry A. 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 10 3/i.3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA R. HILBURGER : • NO. 13-4097 CI IL == Ni. : -v=I= ._` Zrn c� 'C3 . — Ir COMMONWEALTH OF PENNSYLVANIA, • t DEPARTMENT OF TRANSPORTATION, • r,...<- BUREAU OF MOTOR VEHICLES •• y{.° .. =c) CD_-- -c ORDER - = 3 AND NOW, this r3 ` day of , 2013, the appeal filed in the 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. W RAWN. CO TINUED AND RESCHEDULED for the 1 1 'day of 20I at 61%60 60 A--m., in Courtroom No. of the Cumberland ounty Courthouse. • • - I l kOMAs A. filaAl 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 C6Ptes h I suEc., S J. PLcEy i ; , y . ////3/0 PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND CHRISTINA ROSE HILBURGER, Appellant, v. Docket No. 13-4097 Civil Term COMMONWEALTH OF PENNSYLVANIA, `~ - DEPARTMENT OFTRANSPORlATON, —ION, 8UREAUC)FK8OTORVEH|CLE5, oz � �� ` ", r`; ", Appellee. —c:r� -- L ,� cz PRACIPE 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. |D37442 112 Market Street, 5th Floor Harrisburg, PA 17101-2015 Phone: 717.234.2666 Fax: 717.334.8198 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. 13-4097 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. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of cn , 2014, at .m., in Courtroom e:, Room No. of the Cumberland County Courthouse, cm> Carlisle, Pennsylvania. BY THE COURT: Lid LA /44 J. Attest: .Vary 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 Q-C',t'.S 't �l � CE:ct / Y L-,z71-)