HomeMy WebLinkAbout14-4986S
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Supreme Courfof Pennsylvania
Court of _CoinmoniPleas
C1V11..CoV:er'-Sheet
County
For Prothonotary Use Only:
Docket No:
i qr
e
' q' e /
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleach.ngs or other papers as required by law or rules of court.
Commencement of Action: yy//
❑ Complaint ❑ Writ of Summons i
Petition
Declaration of Taking
• Transfer from Another Jurisdiction ❑
Lead laintiff's NameOtbal2
el
Lead Defendant's Name: et. p )9. ..,
ryyi
joymateitat
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(check one outside arbitration limits
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Name of Plaintiff/Appellant's Attorney: )'a)Jv9(V,I..o�/ cit Q�Lyi,c_4..r
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Updated 1/1/2011
F:\FILES\Clients\12657 Cassell\12657.3 Registration Suspension\12657.63.appeal.wpd
Katie J. Maxwell, Esquire
MARTSON LAW OFFICES
I.D. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioners
HL E3 OFr1CL.
L
THE ;'F OTHONO 1i;� `r
2814 AUG 25 MI I I: fi3
CUMBERLAND COUNTY
PENNSYLVANIA
BARRY L. AND ANNETTE P. CASSELL, :
Petitioners
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2014-
: CIVIL ACTION - LAW
PETITION FOR APPEAL OF VEHICLE REGISTRATION SUSPENSION
AND NOW, comes the Petitioners, Barry L. and Annette P. Cassell, by and through their
attorneys, MARTSON LAW OFFICES, and files this Petition as follows:
1. Petitioners are Barry L. and Annette P. Cassell, adult individuals residing at 505
Thornwood Lane, Carlisle, Cumberland County, Pennsylvania.
2. On July 28, 2014, the Director of the Bureau of Motor Vehicles of the Pennsylvania
Department of Transportation suspended Petitioners' vehicle registration for their 2002 Jeep with
license plate EWC-7001 for a period of three (3) months effective as of September 1, 2014. A copy
of the Registration Suspension Notice is attached hereto as Exhibit "A."
3. The Order suspending Petitioners' vehicle registration as set forth on Exhibit "A" is
illegal, arbitrary, unreasonable, an abuse of discretion, and a violation of the Petitioners'
constitutional rights.
4. Petitioners request a hearing to determine whether the vehicle registration suspension
is appropriate.
WHEREFORE, Petitioners request this Honorable Court to set a hearing to address the issues
raised in this Petition, and enter a supersedeas with respect to Petitioners' vehicle registration
suspension.
Date: g
Respectfully submitted,
MARTSON LAW OFFICES
By: 4.
Katie J.
10 East
a ell, Esquire
gh Street re' •a
Carlisle, PA 17013 O% a!r703
(717) 243-3341
3/0?-/
Attorneys for Petitioners
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
www.dmv.state.pa.us
BARRY L & ANNETTE P
CASSELL
505 THORNWOOD LN
CARLISLE, PA 17013
COPY
WID* 142029915000118 001
TITLE* 57540265
PROCESSING DATE 140721
TRANSACTION CODE 48900
OFFICIAL NOTICE MAIL DATE: 07/28/14
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: JEEP YEAR: 2002 BODY TYPE: STATION WAGON
LICENSE PLATE#: EWC7001 TITLE#: 57540265 VIN#: 1J4GL48KX2W357179
This information was requested because AUTOMOBILE INSUR CO OF HARTFORD CT notified us that the
insurance policy covering the vehicle listed above was terminated on 06/01/14. 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 09/01/14 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 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 leiter stating your regisira ioii 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.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
014/0-14,
Director
Bureau of Motor Vehicles
Department of Transportation
Information (8:00
Pennsylvania
Out of State
TDD Pennsylvania
TDD Out of State
AM to 5:00 PM)
800-932-4600
717-412-5300
800-228-0676
717-412-5380
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Petition was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Philip Bricknell, Esquire
Office of Chief Counsel of
Pennsylvania Department of Transportation
1101 South Front Street
Third Floor
Harrisburg, PA 17104
MARTSON LAW OFFICES
By:
Dated: 8(,)
M. Price
e' ast High Street
Carlisle, PA 17013
(717) 243-3341
F:\FILES\Clients\12657 Cassell \12657.3 Registration Suspension \I 2657.63.appeal.wpd
Katie J. Maxwell, Esquire
MARTSON LAW OFFICES
I.D. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioners
r _ED'-ur i IC
THE 'PROTHONOTARY
?W AUG 27 AN 8: 58
CUMBERLAND COUNTY
PENNSYLVANIA
BARRY L. AND ANNETTE P. CASSELL, : IN THE COURT OF COMMON PLEAS OF
Petitioners
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Respondent
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2014 - 4986
: CIVIL ACTION - LAW
AMENDED PETITION FOR APPEAL
OF VEHICLE REGISTRATION SUSPENSION
AND NOW, comes the Petitioners, Barry L. and Annette P. Cassell, by and through their
attorneys, MARTSON LAW OFFICES, and files this Petition as follows:
1. Petitioners are Barry L. and Annette P. Cassell, adult individuals residing at 505
Thornwood Lane, Carlisle, Cumberland County, Pennsylvania.
2. On July 28, 2014, the Director of the Bureau of Motor Vehicles of the Pennsylvania
Department of Transportation suspended Petitioners' vehicle registration for their 2005 Dodge station
wagon with license plate EGE-4132 for a period of three (3) months effective as of September 1, 2014.
A copy of the Registration Suspension Notice is attached hereto as Exhibit "A."
3. The Order suspending Petitioners' vehicle registration as set forth on Exhibit "A" is
illegal, arbitrary, unreasonable, an abuse of discretion, and a violation of the Petitioners' constitutional
rights.
4. Petitioners request a hearing to determine whether the vehicle registration suspension
is appropriate.
WHEREFORE, Petitioners request this Honorable Court to set a hearing to address the issues
raised in this Petition, and enter a supersedeas with respect to Petitioners' vehicle registration
suspension.
Date:
1':
Respectfully submitted,
MARTSON LAW OFFICES
By:
Katie J. M. 1, Esquire
10 East Hi treet
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioners
EXHIBIT "A"
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
www.dmv.state.pa.us
BARRY CASSELL
505 THORNWOOD LN
CARLISLE, PA 17013
WIDII 142029915000411 001
TITLEII 60736084
PROCESSING DATE 140721
TRANSACTION CODE 48900
OFFICIAL NOTICE MAIL DATE: 07/28/14
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: DODGE YEAR: 2005 BODY TYPE: STATION WAGON
LICENSE PLATE#: EGE4132 TITLE#: 60736084 VIN#: 2D4FV48V45H 150881
This information was requested because AUTOMOBILE INSUR CO OF HARTFORD CT notified us that the
insurance policy covering the vehicle listed above was terminated on 06/01/14. 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 09/01/14 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 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
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 tiled via the website at www.insurance.pa.2ov 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
Bureau of Motor Vehicles
Department of Transportation
Information (8:00
Pennsylvania
Out of State
TDD Pennsylvania
TDD Out of State
AM to 5:00 PM)
800-932-4600
717-412-5300
800-228-0676
717-412-5380
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Amended Petition was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Philip Bricknell, Esquire
Office of Chief Counsel of
Pennsylvania Department of Transportation
1101 South Front Street
Third Floor
Harrisburg, PA 17104
MARTSON LAW OFFICES
B
Dated: 802 7/,/
M. Price
Te Y1 East High Street
Carlisle, PA 17013
(717) 243-3341
BARRY L. AND ANNETTE P. CASSELL, : IN THE COURT OF COMMON PLEAS OF
Petitioners
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Respondent
: CUMBERLAND COUNTY, PENNSXLVANIA.
: NO. 2014- ;f q,
: CIVIL ACTION - LAW
ORDER
AND NOW, this day of August, 2014, upon consideration of the foregoing Petition for
Appeal from an Order of the Director of the Bureau of Motor Vehicles, a hearing is granted to
determine whether the Petitioner is subject to the vehicle registration suspension as set forth in the
Petition.
A hearing is schedule in Courtroom No. of the Cumberland County Courthouse
on the /84 day of / (moi , 2014, at q!30 4.m., at which time the
issues raised in this Petition will be heard.
This appeal shall act as a supersedeas of the Suspension Order issued by the Department of
Transportation on July 28, 2014, and relating to the Petitioners' vehicle registration suspension
effective on September 1, 2014.
Petitioners' counsel is directed to serve a copy of the attached Petition and this Order on the
appropriate offices of the Pennsylvania Department of Transportation.
BY THE COURj,
I
cc: 4kie J. Maxwell, Esquire - attorney for Petitioners
✓Philip Bricknell, Esquire - attorney for Respondent
i£S PiV
Thomas A. Placey , J,
onimon Pleas Judge
BARRY L. AND ANNETTE P. CASSELL, : IN THE COURT OF COMMON PLEAS OF
Petitioners : CUMBERLAND COUNTY, PENNSYLVANIA
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Respondent
NO. 2014 - 4986
: CIVIL ACTION - LAW
ORDER
C.)
(„11
AND NOW, this day of 4, 2014, upon consideration of the foregoing Amended
Petition for Appeal from an Order of the Director of the Bureau of Motor Vehicles, a hearing is
granted to determine whether the Petitioner is subject to the vehicle registration suspension as set forth
in the Amended Petition.
A hearing is scheduled i Courtroom No. of the Cumberland County Courthouse
on the Ls
day of / EdE01,0,e— , 2014, at
9:310 at which time the
issues raised in the Amended Petition will be heard.
This appeal shall act as a supersedeas of the Suspension Order issued by the Department of
Transportation on July 28, 2014, and relating to the Petitioners' vehicle registration suspension
effective on September 1, 2014, for the 2005 Dodge referenced in Petitioner's appeal.
Petitioners' counsel is directed to serve a copy ofthe attached Amended Petition and this Order
on the appropriate offices of the Pennsylvania Department of Transportation.
cc: a ie J. Maxwell, Esquire - attorney for Petitioners
Philip Bricknell, Esquire - attorney for Respondent
1C–S /rut IscL
BARRY L. & ANNETTE P CASSELL,
Petitioner
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF MOTOR VEHICLES,
Respondent
ORDER
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 14-4986 CIVIL TERM
VEHICLE REGISTRATION
SUSPENSION APPEAL
AND NOW, his 18th day of December, 2014, the appeal filed in the above -
captioned matter is:
Attest:�
t- i tie J. Maxwell, Esq., Martson Law Offices, 10 East High Street, Carlisle, PA 17013
✓ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
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
Room No.
, 2015, at .m., in Courtroom
of the Cumberland County CourthcNsj,
`-
Carlisle, Pennsylvania.
rn
-moo A•PLACel
i es /72-t LEr-Li
/ eV/ 9//1/
LOIS M. CAMPBELL,
Petitioner
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
ORDER
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 14-5171 CIVIL TERM
DRIVER LICENSE
SUSPENSION APPEAL
AND NOW, this 18th day of December, 2014, the appeal filed in the above -
captioned matter is WITHDRAWN, and the driver license suspension which is the
subject of this appeal shall be REINSTATED.
Attest:
THE CO
----rettoems 19LIAciLl
,/ Frank C. Sluzis, Esq., Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106,
Harrisburg, PA 17110
✓ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
Co t:e.siggioy
C)
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