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Home My WebLink About05-4563 MICHAEL MORAN, 500 Thomas Road, Camp HiIJ, P A, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 6~ ~ ~SIoJ {!{'uiL ~'Zf2-"1 v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING VEHICLE REGISTRATION Petitioner, Michael Moran, by the undersigned counsel, petitions the Court pursuant to 75 Pa. Cons. Stat. 9'1377 forreview of an order ofthe Department of Transportation suspending petitioner's vehicle registration and in support thereof represents as foIJows: I. Petitioner, Michael Moran, is an adult individual residing at 500 Thomas Road, Camp Hill, P A, in Cumberland County. 2. Petitioner currently possesses a valid registration for a 2004 Volkswagen Sedan automobile. The vehicle registration was issued to petitioner and has not heretofore been suspended. 3. By letter dated August 2, 2005, petitioner was notified in writing by the Department of Transportation of the entry of an order suspending his registration for the foIJowing reason as set forth in the notice: that the insurance policy covering the vehicle was terminated. A copy ofthe notice of suspension is attached as Exhibit "A". 4. Petitioner was unaware of any termination of his insurance coverage. On July 12,2005, after learning of the termination he sought and obtained reinstatement of his lllsurance coverage. A copy of correspondence from Safeco of July 12, 2005, is attached as Exhibit "B". S. The suspension is improper and unlawful because petitioner was unaware of any termination of insurance coverage and the vehicle is presently insured and petitioner has complied with all requirements regarding financial responsibility. A copy of the current Pennsylvania Financial Responsibility Identification Card is attached as Exhibit He", WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for hearing de novo pursuant to 75 Pa. Cons. Ann. 31377 and that the suspension imposed by the Department of Transportation be set aside. THOMAS, THOMAS & HAFER, LLP bY:~~~\f. ~ James K. Thomas, II, Esquire LD. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, P A 17108-0999 (717) 255-7626 Attorneys for Petitioner #377569.1 VERIFICATION I, Michael F. Moran, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s.A. 4904 relating to unsworn falsification to authorities. Date: <J. 2- OJ ~f.lP COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WIU TITLEI PROCESSING DATE TRANSACTION CODE 052079999090687 001 61447984 050726 00470 MICHAEL F MORAN 500 THOMAS RD CAMP HILL, PA 17011 Ol'FICIAL NOTICE MAIL DATE: 08/02/05 Dear Motorist: You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) covering the operation of the following vehicle: MAKE: VOLKSWAGEN, BODY TYPE: SEDAN, VIN NO: 3VWSK69M..X4M079009, TilLE: 61447984, TAG NO: FWMOO21. This infonnation was requested as a result of this Bureau being notified by GENERAL INS COMPANY 01' AMERICA that the insurance policy covering the vehicle was terminated on 05/21/05. 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 09/06/05 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 of 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 of less than 31 days from 05/21/05, 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 nol be returned. This is a final 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 until the registration plate is received by the Bureau. You will be required to pay a restoration fee in the amount of 550.00, to the Department in accordance with Section 1960 of the Vehicle Code. Please see the enclosed application for additionai 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, slicker and card. You have the right to appeal this suspension to the Courl of Common Pleas of the county of your residence wilhin thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal ,viII stay the Department's action pending a final decision by the court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. ~ ....\ r.-'.--- ,. ,1.._ " /\ u {;"< _.' jr: ., , By Order of ~?;. Director Bureau of Motor Vehicles Department of Transportation Information Pennsylvania Out of State TDD Pennsylvania TDD Out of State (7:00 AM to 9:00 PM) 80lJ.932-4600 717-391-61911 80lJ.228-0676 717-391-619\ ~'" Mailing Address: PO Box 2726 Spokane, WA 99220-2726 Safeco Insurance Company of America Spokane Region Oft-ice 14610 E Sprague Ave Spokane, WA 99216-2199 Phone: (509) 928-6800 www.safeco.com July 12, 2005 MICHAEL MORAN 500 THOMAS RD CAMP HILL, PA 17011-1260 RE: SAFECO Policy Number X5060 III issued by General Insurance Company of America Dear Michael Moran: Thank you for speaking with me. This letter is intended to confirm our conversation of July 12, 2005. This is to confirm that you have reinstated your auto policy with a lapse in coverage between the dates of May 21,2005 and July 11,2005. If I may be of further assistance, please do not hesitate to contact me directly at 1-800-944-2266 Sincerely, Christy Harmon Safeco Personal Lines Agent Gold Service cc: File 89-7404 Fi~" ~. ~ NM~::-Y'V~ NIAFIN AN CIAL R!'S.PONSfBILIlVIDE NTIF I CATION CARD , GENERAllNSURAHCE COMPANY OF AMERICA 24732 }.C\.......... C" ......'...,.",'..' ,'.. POUCYNUUBER EFFECTIVE DATE: JULY 12 2005 X506 0 III NOT VALID MORE THAN 1 YEAIt FROM EFFECTIVE DATE YEAR MAKE/MODEL VEHiCLE IDENTIFICATION NUMBER 2004 VOLKSWAGEN 3VWSK69MX4M079oo9 AGENCY/COMPANY ISSUING CARD INSURANCE ANSWER CENTER INC ~ii8H8x4~~i~~~8 ENCINO CA . INSURED ~~I1Ht~bM~RR~M CAMP HILL PA 17011-1260 . CN.S1D4IPAEP10/03 SEE IMPORTANT NOTICE ON RMRSE SIDE (t'A!1lillisterlld tradarilltrkof~FECO Corponrtion D X\ ""'- '" "';) ?v )...; ~ ~ tA Cr( \) ~ ~ )...; '--.('\ .:0 r r.:'1 ~. --, ',-)\ -n '{:','l, '" ------- q, .-\ ~y "'"1'- c\'\~ I ' ~ j \ "" ....,-.' _.~- ::: - c.~- . - MICHAEL MORAN, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT 05-4563 CIVIL TERM ORDER OF COURT AND NOW, this 1"2- day of September, 2005, a hearing on the within petition shall be conducted in Courtroom Number 2, Cumberland County / By the C;ou rt, / Courthouse, Carlisle, Pennsylvania at 1 :30 p.m., Monday, December 5, 2 Edgar B. Bayle, J. ~es K. Thomas, II, Esquire For Petitioner ;> ~ 09 -/3-()5 ~ge Kabusk, Esquire /or Respondent :sal \"- ..;:j' G' ,:.;;::: c0 D-~ () i,:~:\ ':'.,/~ \-(':'1 '2::; ,-~ () -. MICHAEL MORAN, 500 Thomas Road, Camp Hill, PA 17011, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORT A TION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 05-4563 CIVIL TERM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter as settled, discontinued and ended. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP bY:~" t~ James K. Thomas, II, Esquire LD. No. 15613 305 North Front Street, 6th Floor POB 999 Harrisburg, P A 17108-0999 (717) 255-7617 Attorneys for Plaintiff . CERTIFICATE OF SERVICE AND NOW, this d..'2~ of J...)-t~ , 200-5.i: Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: George Kabusk, Esquire Riverfront Office Center 1101 S. Front Street 3rd Floor Harrisburg PA 17104-2515 ~d Co1een M. Polek l"'~) ,-- " r,_.'"\ ,-