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Home My WebLink About05-2089 SAIDIS SHUFF, FLO R & LINDS ATTORNEYS-AT- W 26 W. High Str et Carlisle, PA II I MARY A. DREW, and HERMAN W. COLLINS, Petitioners v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: OS -;J.61? /; .I ~ L': (.J< L I CVt...n COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR VEHICLE REGISTRATION APPEAL AND NOW, this ~I ,2005, comes day of ~('l \ Petitioners, Mary A. Drew and Herman W. Collins, by and through their attorneys, Saidis, Shuff, Flower & Lindsay, who respectfully represent: I. Mary A. Drew and Herman W. Collins are adult individuals residing at 820 Forbes Road, Carlisle, Cumberland County, Pennsylvania. 2. Petitioners have received notices from the Department of Transportation indicating that their vehicle registration privilege is being suspended for a period of three (3) months as a result of an alleged violation of Section 1786. 3. Your Petitioners believe said suspension is unjust, improper and illegal in that: a. Your Petitioners were never properly notified by First Liberty Insurance Corporation that their automobile insurance was cancelled. b. Said vehicle registration suspension is not in conformity with the law. ..., SAlOIS SHUFF, FLO R & LINDS ATfORNEYS.AT.L W 26 W. High Str et Carlisle, PA I WHEREFORE, your Petitioners pray Your Honorable Court to enter an Ol"der to hold a hearing to determine the validity of the suspension outlined in Exhibit "A" is attached hereto and made a part hereof. Respectfully submitted, Saidis, Shuff, Flower & Lindsay By: ~~ .~~~,-ii; George F. Douglas, III, Esquire Attorney ID #61886 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Petitioners SAlOIS SHUFF, FLO R & LINDS A1TORNEYS.AT. W 26 W. High Str et Carlisle, P A r- VERIFICATION We hereby verifY that the facts set forth in the foregoing Petition for Vehicle Reg. Suspension Appeal are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: (Ff hi Joe; . / ~ 4~)),,,,) Mary., ew Date: 1~/D5 r;/ 'i. !h~ J. {~ Hennan W. Collins COMMONWEALTH OF PENNSYLVANIA DEI' ARTMENT 01' TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WIH TITLE. PROCESSING DATE TRANSACTION CODE 050769999018494 001 59700153 050317 00060 MAIRY A DREW 14\2 W PENN ST C~RLISLE. PA 17013 OFFICIAL NOTICE "IAIL DATE: 03/24/05 De r :\'lotorist: Yo were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) cov ring the operation of the following vehicle: MAKE: CHEVROLET, BODY TYPE: COlJl'E, VI] NO: 2GIWW12E939446626, TITLE: 59700]53, TAG NO: PD2616W. This information was rcquestcd as a r ult of this Bureau being notified by ERST LIBERTY INS CORl'ORATION that the insuraucc policy covcring the vehicle was terminated on OI/05{05. Either no response wa..'\ received or the information you provided indicated a I e of coverage which was nol permitted under Section 1786 of the Vehicle Code. As resull, the vehicle registration privilege ",11 be suspended for three months effective 04/28/05 at 12:01 A,i\I. as aut orized by Section 1786 (D) of tbe Vehicle Code. This is a final order of suspension. You may obtain Tee nsideration of this order by submitting a copy of your insurance identification card, the declaration page of your ins ranee policy, a valid binder of insurancel or an application for insurance to the Pennsylyania Auto Insurance Illan as . denee that the described motor vehicle was continuously covered by liability insurance. If there l'r~L'i a lapse in ins ance coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of less than 3] days from 0]/05/05, and also provide a notarized affidavit stating that your vehicle was not operatcd duri g this time. It is necessar)' for you to provide copies of the insurance documents and return tI)(~m with this Doti Ication. A self addressed label is enclosed for your com!enieDee. Please note that original dQ(~ull1cnts will not be r turned. This is a final order of suspension aDd unless }'OU receive notice from this Department that rec nsideration was granted, you will be required to return your current registration plate1 sticker ~Uld card. Add tionall)' 1 credit toward serving the suspension will not begin until the registration plate is received by the Bureau. You will be required to pay a restoration fee in the amount of S50.00, to the Department in accordance with Scction ]96 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. We ave enclosed a self-addressed envelope for use when corresponding and a mailing labcl to a..."isist with the return of y ur registration plate, sticker and card. You have the right to appeal this suspension to the Court of Common Plea...'i of the cOllnty of .your residence within Ihir y (30) days of the date of this notice, Sending a copy to this Department of a tilllely, filed "ppeal will stay the Dep rtment's action pending a final decision by the court. The copy must be sent by certified mail to; PE NSYLV ANIA DEPARTMENT OF TRANSPORTATION, OFHCE OF CHIEF COlJNSEL, THIRD FL OR, RIVERFRONT O}'FICE CENTER, HARRISBURG, PA 17104-2516. .. PAiRT A. (Continued) Uyou... Then please... And PENNDOT will... 0 tamed insurance with a new Send PENNDOT proof of new Send you a letter within three i" surance company or continued insurance (see "Acceptable Proof weeks accepting your updated i" surance with the same of Insurance" below) AND insurance information. in surance company NO MORE complete and send the T ClAN 30 DAYS after your STATEMENT of Non-Operation p evious policy was cancelled, of VEIIICLE on the next page. D not have insurance for the Send your registration plate, Send you a letter within three VI hide listed for any reason. sticker and card into PEN:IIDOT weeks confirming that your IMMEDIA TEL Y. * registration plate, sticker and can Return your registration plate, were received. sticker and card to: PENNDOT Financial Responsibility Section I PO Box 68674, Harrisburg, PA 17106-8674 * I EGISTRATION PLATES, STICKERS AND CARDS RECEIVED BY THE DEPARTMENT AFTER FR OM THE INS1JRANCE CANCELLATION WILL RESULT IN A 3 MONTH REGISTRATION SUSI Acceptable Proof of Insurance . Insurance identification card. . Declaration page of your insurance policy. . A valid binder of insurance. . Application for insurance to the Pennsylvania Auto Plan. . ^ letter from the insurance company's headquarters or your insurance agent. PHOTOCOPIES ARE ACCEPTABLE. ORIGINALS WILL NOT BE RETURNED. PA RTB. If you... Then please... And PENNDOT "ill... S Id, Transferred or Traded Send PENNDOT a copy of form Update your record accordingly. y UT vehicle> MV-l or MV4-ST or a bill of sale indicating the new owner. S Ivaged your vehicle Send PENNDOT a copy of your Update your record accordingly. salvage certificate or a letter of salvage from the insurance company indicating the new owner. II d your vehicle Repossessed, Send PENNDOT a copy of your Update your record accordingly. letter of repossession from the dealership or financial institution. la" f you believe your insurance coverage was terminated and you did not receive a proper notice as required s, you should contact the Pennsylvania Insurance Department, Bureau of Consumer Services for assistanc fre automated consumer hotline is 1-877-881-6388 or visit their website at www.insurance.state.lla.us. Please to rovide the name of your insurance company, policy number and any notices or other correspondence yo rec ived concerning your policy. hould you have any additional questions, you may contact the PENNDOT Customer Call Center using t nu bers located at the bottom of this letter. Sin erely, Ser ice Representative Team Bu eau of Motor Vehicles Information (7:00 AM Pennsylvania 8 Out of State 7 TDD Pennsylvania 8 TDD Out of State 7 30 DAYS 'ENS ION. by insurance e. The toll be prepared u may have he telephone to 9:00 PM) 00-932-4600 17-391-6190 00- 228-0676 17-391-619] .. COMMONWEALTH OF PE:>INSYLV A:>IIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES 1'0 BOX 68674 HARRISBURG, PA 171116-8674 WID. TITLE* PROCESSING DATE TRANSACTION CODE 050769999006741 001 47825172 050317 00060 MARY A DREW 14e W PENN ST CArLISLE, PA 17013 I OFFICIAL NOTICE 'tAIL DATE: 03(24(05 De r Motorist: Yo were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) cov ring the operation of the following vehicle: MAKE: CHEVROLET, BODY TYPE: SEDA:>I. VI NO: IGILD55M4RY220498,llTLE: 47825172, TAG :>10: F.JZ6213. This information "as requested as a res It of this Bureau being notified by FIRST LIBERTY INS CORPORATIO:>l that the insurance policy covering the vehicle "as terminated on 01/05/05. Either no response "as received or the information you provided indicated a I pse of coverage which was not permitted under Section 1786 of the Vehicle Code. As result, the vehicle registration privilege will be suspended for three months effective 04/28/05 at 12:01 A.M. as aut orized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtain ree nsideration of this order by submitting a COP)' of your insurance identification card, the declaration page of your ins ranee policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan as vidence that the described motor vehicle wa..~ continuously covered by liability insurance. If thefe was a lapse in ins ranee coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of less than 31 days from 01/05/05, and also provide a notarized affidavit stating that your vehicle "as not operated dur ng this time. It is necessary for you to provide copies of the insurance documents and return them ,-fith this not fication. A self addressed label is enclosed for your convenience. Please note that original documents will not be eturned. This is a final order of suspension and unless you receiye notice from this Department lhat ree nsideration was granted, you will be required to return your current registration platc, sticker and card. Ad itionally, credit toward serving the suspension ,,'ill not begin until the registration platc is rcccired by the Bureau. Yo will be required to pay a restoration fee in the amount of S50.00, to the Department in accordance with Section 19 of the Vehicle Code. Piease see the enclosed application for additional restoration fee infonmttion. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to a.''isist ,'rith the return of our registration plate, sticker and card. Yo have the right to appeal this suspension to the Court of Common Plea."\ of the county of your residence within thi ty (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal will stay the De artment's action pending a final decision by the court. The copy must be sent by certified mail to: PE NSYL V ANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FL OR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. By Order of ~~;:. Director Bu~eau of Motor Vehicles Dej>artment of Transportation ! Information PCllnsyl\rania Out of Slate TDD Pennsylvania TDD Out of State (7:00 X'vl to 9:00 1':\1) 8110-932-46011 717-391-61911 8011-228-11676 717-391-6191 .. , - DO-ODD 47825172 PAY THIS AMOUNT mmmnmm__m_____________n$SO.OO BY CHECK OR MONEY ORDER nn PAYABLE TO P A DEPT OF TRA:"ISPORTATION 478251720006050.00 D NOT SEND CASH MARY A DREW 142 W PENN ST CARLISLE, PA 17013 ,. COMMONWEALTH OF PENNSYLVANIA DEI' ARTMENT OF TRANSPORTATIO'i BUREAU OF MOTOR VEHICLES 1'0 BOX 68674 HARRISBURG, PA 17106-8674 WID* TITLE* PROCESSING DATE TRANSACTION CODE 050769999016634 001 58398308 050317 00060 MA~Y A DREW & HERMAN W COILLINS 1412 W PENN ST CA LISLE, PA 17013 OFFICIAL NOTICE MAIL DATE: 03/24/05 De r Motorist: Yo were recently requested by the Bureau of l\1otor Vehicles to provide proof of financial responsihility (insurance) cov ring the operation of the following vehicle: MAKE: FORD, BODY TYPE: STATIO"! WAGO'i, Vie NO: IFMZU73E52ZC07828, TITLE: 58398308, TAG NO: EZLl772. This information mL' requested 'LS a res It of this Bureau being notified by FIRST LIBERTY I'iS CORPORATIO"! that the insuraucc policy coveriug the vehicle was terminated on 01/05/05. Either no response was received or the information you provided indicated a I pse of coverage which was not permitted under Section 1786 of the Vehicle Code. As result, the vehicle registration privilege will be suspended for three months effective 04/28/05 at 12:01 A.M. as aut orized by Section 1786 (D) of the Vehicle Code. This is a final order of suspeusion. You may obtain fee nsirleration of this order by submitting a copy of your insurance identification card, the declaration page of your ins ranee polic:y, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan a..'i vidence that the described motor vehicle was continuously cm:ered by liability insurance. If there ''''as a hlpse in ins ranee coverage, you must provide this Bureau with proof of insurance indicating an effective date of covcrage of less than 31 days from 01/05/05, and also provide a notarized affidavit stating that your vehicle was 1I0t opcrated dur ng this time. It is necessary for you to provide copies of the insurance documents and return them with this noffication. A self addressed label is enclosed for your convenience. }llease note that original doculIlcnts \-'rill not be eturned. This is a final order of suspension and unless you receive notice from this Department that ree nsideration was granted, you will be required to return your current registration plate, sticker and card. Ad itionally, credit toward serving the suspension will not begin until the registration plate is receiyed by the Bureau. Yo will be required to pay a restoration fee in the amount of S50.00, to the Department in acconhlllt~c "fith Sed ion 196 of the Vehicle Code. Please see the enclosed appiieatioll for additional restoration fee infurmatlun. We have enclosed a self-addressed em!elope for use when corresponding and a mailing laLeI to a..~sist with the return of y ur registration plate, sticker and card. Yo have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thir y (30) days of the date of this notice. Sending a copy to this Department of a timely, filcd appcal will stay the De artment's action pending a final decision by the court. The copy must be sent by certified mail to: PK NSYLVANIA DEPARTMENT OF TRA;'\/SPORTATION, OFFICE OF CHIEF COUNSEl., THIRD FL OR. RIVERFRONT OFFICE CENTER, HARRISBURG, I'A 17104-2516. By Order of ~ ~~ Dir~ctor Bur au of Motor Vehides De artment of Transportation , I ! Information Pennsylvania Ont of State TDD Pennsylvania TDD Ont of State (7:011 A:\1 to 9:001':\1) 8110-932-46110 717-391-61911 800-228-0676 717-391-6191 ... '. 00-000 58398308 PAY THIS AMOUNT mmmnmmnmm___n___m_SSO.OO BY CHECK OR MONEY ORDER nn PAYABLE TO PA DEPT OF TRANSPORTATION 583983080006050.00 DQ NOT SEND CASH MARY A DREW & HERMAN W COLLINS 142 W PENN ST CARLISLE, PA 17013 . SAIDIS SHUFF, FLD R & LIND SA ATIORNEYS.AT.LA 26 W. High Stre t Carlisle, PA 11 MARY A. DREW, and HERMAN W. COLLINS, Petitioners v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: COMMONWEALTH OF PENNS YL VANIA, DEPARTMENT OF TRANSPORTATION, Respondent CERTIFICATE OF SERVICE On this ~ day of April, 2005, I, Adele GrouP. hereby certify that I served a true and correct copy of the foregoing PETITION FOR VEHICLE REGISTRATION ApPEAL via postage prepaid, Certified Mail, Return Receipt as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street Third Floor Harrisburg, PAl 71 04-2516 Saidis, Shuff, Flower & Lindsay a i d"tl d:,.t.W 1--._ (C !tl/-'-' Adele Group r (Q ~ "'Q 1:. '" ~ ~ .... ~ 6"- \Iv 9v () >-; & ~ .c:: -.t::: ~ t: ~ r-.-' ..;':.? ~.-' C) ~__l --11 "':'.,. ::'"-t "' '::~)(;) ~ - ,,) , n ~~. n .r- ._.J CJ ..< 7~ f ," SAlOIS, SHUFF, FLO R & LINDS Y MARY A. DREW, and HERMAN W. COLLINS, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORT A nON, Respondent RECEIVED APR 2 5 llli~ " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DOCKET NO.: (X - ~C:JP'i' C'u;L~~-e..h-"l ORDER OF COURT AND NOW, this :2 1 J day of VIA , 1 ,2005, upon consideration of the Within Petition, it is hereby Ordered and Decreed that a hearing be held to determine the validity of the suspension outlined in Exhibit "A", which hearing shall be held on the ,j? 5 -yI'L- day in Courtroom / , Cumberland County Courthouse, Carlisle, Pennsylvania. (Jzd!.-l-~ :/ (I .2005. at /ti :.:!~ pm@ Notice of said hearing shall be given to the Department of Transportation at least ~(c.tJ) ..tKtrtt ~ days prior to the date of the hearing. Distribution: ~rge F. Douglas, III, Esquire Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 ~orgc Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg. PA 17104-2516 By the Court: d~ // J. 7 ~) ^ '),~o.? o ~ 'lJ-'" ~~yJ~ J!.;J.!o(j ~~ v:i\I';/irL\(J<;\J~,i '," ",,,,"'''' ','c"',",,\ Ad\. .'..'.," ";'"( 1'.1 S I) :! I WI C" J \ft! SOUl ~.UV.i\.:i'jCJ:-;j C/;:ld3Hl ;j() :L\:~::::J-..n:nj3