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HomeMy WebLinkAbout05-3999 Form 230A.OS-IO Petition for Review - Suspension of Vehicle Registration In the Court of Common Pleas of Cumberland County Shad Baker Petitioner s' dOO ~,Term (year) No. a::J-J1<iq v. Commonwealth of Pennsylvania, Department of Transportation Respondent Petition For Review of Order of Department of Transportation Suspending Vehicle Registration Petitioner, Shad Baker, petitions the court pursuant to Pa. Cons. Stat 1377 for review of an order of the Department of Transportation suspending petioner's vehicle registration and in support thereof represents as follows: 1. Petitioner, Shad Baker, is an adult individual residing at 606 Mount Rock Rd, Carlisle, PA 17013, in Cumberland County. 2. Petitioner currently possesses a valid registration for a Nissan, Altima and a Honda Accord automobile. The registration was issued to petitioner on 04/04/05 and 04/05/05 respectively and has not heretofore been suspended. 3. By letter dated 7/13/05 petitioner was notified in writing by the Department of Transportation of the entry of an order of suspending his registration for the following reason as set forth in the notice: Failure to provide proof of financial responsibility (insurance) covering the vehicle. A copy of the notices of suspension are attached as Exhibit "A" and "B". 4. The suspension is improper for the following reason: The petitioner, Shad Baker, was not notified by the insurance company, SAFECO, that his insurance had been dropped and was absent when the Bureau of Motor Vehicles requested proof of financial responsibility (insurance). The petitioner immediately secured insurance when he became aware that the insurance he had paid for was no longer valid. WHEREFORE, the petitioner humbly and respectfully requests that the Court set this matter down for forthwith for hearing de novo pursuant to 75 Pa. Cons. Stat. Ann 1377 and that the order ofthe Department of Transportation be set aside. SL.../6-1, Petitioner r .1 "AI, e::)< Lc:~:t .It COM.'\10NWEALTH OF PENNSYLVAmA DEPARTMENT OF TRANSPORT AnON BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WIlt OSlA7""07038S 001 TITLEt S~D21835 PROCESSING DATE DSD7Db TRANSACTION CODE DD~7D SHURIC T BAKER bOb MOUNT ROCK RI CARLISLE, PA 17013 OffiCIAL NOTICE MAIL DATE: 07(13(OS Dear Motorist: You were recently requested by the Bureau of Motor Vehicles to provide proof of Iinancial responsibility (insurance) covering the operation of the following vehicle: MAKE: NISSAN, BODY TYPE: SEDAN, VIN NO: IN4BU31D6VCIIOZ07, TInE: 540ZI835, TAG NO: GBG06SO. This information was requested as a result of this Bureau being notified by SAFECO INS CO OF INDIANA that the insurance policy covering the vehicle was terminated on 05(ZI(OS, Either no response was received or the information you provided indicated a lapse of coverage which was not permitted under Section 1786 of the Vehicle Code. As a result, the vehicle registration privilege will be suspended for three months effective 08(17/OS at 12:01 A.M. as authorized by Section 1786 (D) of the Vehicle Code. This is a Iinal order of suspension. YOIl may obtain reconsideration of this order by submitting a copy of your insurance identilication card, the declaration page of YOllr insurance policy, a yalid binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan as evidence that the described motor vehicle was continuously covered by liability insurance. If there was a lapse in insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of less than 31 days from OS/ZI/OS, and also provide a notarized affidavit stating that your vebicle was not operated during this time. It is necessary for you to provide copies of the insurance documents and return them with this notification. A self addressed label is enclosed for your convenience. Please note that original documents will not be returned. This is a Iinal order of suspension and unless you receive notice from this Department that reconsideration was granted, you will be required to return your current registration plate, sticker and card. Additionally, credit toward serving the suspension will not begin unlilthe registration plate is received by the Bureau. You will be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. 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 date of this notice. Sending a copy to this Department of a timely, Iiled appeal will stay the Department's action pending a linal decision by the court. The copy must be sent by certilied mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTAll0N, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OffiCE CENTER, HARRISBURG, PA 17104-Z516. 'Z::,,:L,;~ ~(lS " \?\~~ {';T)O~ ~ ~~ U""U.I.- ('6" ~ ,/11 Iv t ~: ti~ 2v~~ t SHADRIC T BAKER ~ bOb MOUNT ROCK RD CARLISLE, PA 17013 COM.'\10NWEALTH OF PE~SYLVANIA DEPARTMENT 01' TRANSPORT AnON BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17101>-8674 WID' 05147""0703,a 001 TITLE' b1bb'ba~ PROCESSING DATE OS070b TRANSACTION CODE 00~70 / / ~<_H' -I- .4J~ IN."'+' J-r;tffAZ \~ - 'tgY{t.l.OO omCIALNOTlCE ". Dear~t~rist I~I) I ?ro s~ MAIL DATE: 07/13/05 You were recenlly requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) covering the operation or the following vehicle: MAKE: HONDA, BODY lYPE: COUPE, VIN NO: IHGCD7232RA036654, TInE: 61669684, TAG NO: GBG0635, This information was requested as a result of this Bureau being notified by SAFECO INS CO 01' INDIANA that the insurance policy covering the vehicle was terminated on OS/21/05. Either no response was received or the information you provided indicated a lapse of coverage which was not permitted under Seelion 1786 of the Vehicle Code. As a result, the vehicle registration privilege will be suspended for three months effective 08/17(05 at 12:01 A.M. as authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtain reconsideration or this order by submitting a copy of your insurance identification card, the declaration page of your insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Insurance Plan as evidence that the described motor vehicle was continuously covered by liability insurance, If there was a lapse in insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage or less than 31 days from OS/21(05, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is necessary for you to provide copies of the insurance documents and return them with this notification. A self addressed label is enclosed for your convenience. Please note that original documents will not be returned. This is a linal order of suspension and unless you receive notice from this Department that reconsideration was granted, you will be required to return your current registration plate, sticker and card. Additionally, credit toward serving the suspension will not begin untillhe registralion plate is received by the Bureau. You will be required 10 pay a restoration fee in the amounl of 550.00, 10 Ihe Department in accordance with Section 1960 of the Vehicle Code. Please see the enclosed application for addilional restoration fee information. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with Ihe return of your registration plate, sticker and card. You have the right to appeal this suspension to the Court of Common Pleas of Ihe county of your residence within thirty (30) days of the date of this notice, Sending a copy 10 this Deparlmenl of a timely, filed appeal "ill stay the Department's action pending a linal decision by Ihe court, The copy must be sent by certified mail 10: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OH1CE OF CHIEI' COUNSEL, THIRD FLOOR, RIVERFRONT OH1CE CENTER, HARRISBURG, PA 17104-2516. ~r~ ~ ~ ~ ) ~ '.~ ~ C1 C,' ~ 0' '." \ (.-1 .~I (~ - 0 SHAD BAKER Petitioner S RECEIVED ,b,UG 0 8 7~~ () IN THE COURT OF COMMONWEALTH PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES NO.C() '~~1 CIVIL TERM REGISTRATION SUSPENSION APPEAL Respondent ORDER OF COURT AND NOW, this/ ~ ~y of A", . ,2005, upon considera~~o:J:e within Petition, it is hereb~rdered and decreed that a hearing be held on the day of () c-l, ,2005 at : 3() o'clock, Courtroom ..3' ,Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be given by Petitioner to Office of Chief Counsel, Department of Transportation, by certified mail not later than 60 days prior to the date of the scheduled hearing. Judge Distribution: \1';NV,,\-IASNN?d Ii ','I\~n('V~' r't,:\ _f"-;\,i::'CrlAtnl'\. \.. '_,_,,' ' , r, .""j~l, IJ 2Z :01 WI 91 911'4 ~DOl AbV10NOlti.OUd 3Hl :10 38!.:1::10-o3lI:l SHAD BAKER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES : NO. 2005 - 3999 CIVIL TERM ORDER OF COURT AND NOW, this 27TH day of SEPTEMBER, 2005, the hearing on the above captioned matter scheduled for October 3, 2005, at 9:30 a.m. has been rescheduled for MONDAY, OCTOBER 24, 2005, at 9:15 a.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. Shad Baker 606 Mount Rock Road Carlisle, Pa. 17013 George Kabusk, Esquire Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 ~ ~ 7-cJ<J-(){ C)-. :sld \-0 ','q\^, '~, IV AJf\]r',:'_~" 01 : II HV 62 d]S ~nnl AbV10NUHLCkJ 3Hl :10 3~jU:i(r(Bllj SHAD BAKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORATION, BUREAU OF MOTOR VEHICLES NO. 2005-3999 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of October, 2005, based upon the discussion on the record, I find that to suspend this man's registration would be a violation of due process in so far as he did not get adequate notice and a fair hearing with regard to his insurance having been terminated. I find as a fact based upon the record before me that he received no notification that his insurance was terminated prior to obtaining the letter from PennDOT which he received the day before he got new insurance. I find as a fact that he never operated his vehicle knowing that his insurance had been terminated. Based upon those findings of fact, the action of the Department is peal sustained. Guido, J. B ~ad Baker 606 Mount Rock Road Carlisle, PA 17013 ~rge Kabusk, Esquire ~ Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104 :mlc !'"' .) .. "