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Home My WebLink About05-4743 FORM 230A.05-10 Petition for Review-Suspension Of Vehicle Registration IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Brandon Hutto Petitioner, v. ,TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent 2005 NO. os'.l.f7,-/3 PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING VEmCLE REGISTRATION Petitioner, Brandon Hutto, petitions the Court pursuant to 75 Pa. Cons. Stat # 1377 for review of an order of the Department of Transportation suspending petitioner's vehicle registration and in support thereof represents as follows: 1. Petitioner Brandon Hutto is an adult individual residing at 600 Wayne Dr. Mechanicsburg, PA, in Cumberland County. 2. Petitioner currently posses a valid registration for a 1999 Honda Civic automobile. The registration was issued to petitioner on May 19,2005, and has not heretofore been suspended 3. By letter dated August 15,2005, petitioner was notified in writing by the Department of Transportation of the entry of an order suspending his registration for the following reason as set forth in the notice: a lapse in insurance as required by the State of Pennsylvania. A copy of the notice of suspension is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: The motor on the car blew up on May 27, 2005, it was taken to West Mifflin on May 29, 2005 and they verified that it needed a new motor. 1 worked and saved the money to replace it and picked the car up on August 18,2005, as shown in Exhibits "B". e K h; h; f ;If) f( COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WIDi TITLEt PROCESSING DATE TRANSACTION CODE 052209999026088 001 52859443 050808 00060 BRANDON M HUTTO 660 WAYNE DR MECHANICSBURG, PA 17055 OFFICIAL NOTICE MAIL DATE: 08{15{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: HONDA, BODY TYPE: COUPE, VIN NO: IHGE.J8145XLOI8930, TITLE: 52859443, TAG NO: GCL5905. This information was requcsted as a result of this Bureau being notified by PROGRESSIVE HAl.CYON INS CO that the insurance policy covering the vehicle was terminated on 06{20{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{19{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 urUer Dy 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 I'lan 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 06{20{05, and also provide a notarized affidavit stating that your vehicle was not operated dllring this time. It is necessary for YOII to provide copies of the insurance docllments and returll 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 filial order of suspension and IInless 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 S50.00, to the Department in accordance with Sectioll 1900 of tin.:: Vdlid~ Cod~. I'k~ ';;1:~ ~..:: :;}c!c::::~ ~rrHc~~~!'.:!'!'" fO),:" 'l{l~,finn,1 rpdnration 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 suspensioll to the COllrt 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, filed appeal will stay the Department's action pending a final decision by the court. The copy mllst be sent by certified mail to: PENNSYLVANIA DEl'ARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEl., THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. 00-000 52859443 I' A Y THIS AMOUNT n----------.--000----------......---$50.00 _000 BY CHECK OR MONEY ORDER nn PAYABLE TO PA DEPT OF TRANSPORTATION 528594430006050.00 DO NOT SEND CASH BRANDON M HUTTO 660 WAYNE DR MECHANICSBURG, PA 17055 By Order of ~;:: Director Bureau of Motor Vehicles Department of Transportation Information l)ennsvlvania Out ';f State TD D l'ennsylvania TOO Out of State --------~----- (7:00 AM to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 717-391-6191 ~ ~ ~ "\\ '" Cv '-J ~ ~~ <.\ ~. ~ \S~ ~ ~ ~ K C) -1'1 ---I '," i i~ i"J;; - ~.:::I~' c.~} .". 1"-.; -- t':) Cc) CJ JUST FIX IT NAME V ~ Il,f;; DATE OF ORDER ,)/.-<"",,1". 01., ',' , 1800 Texas Avenue ADDRESS {; ": (. 0J r~../ ~ 1 "', . .r' rl7 ()'" 7(; c' ~. A. West Mifflin, PA 15122 cITY I YI LC1.,,,,.J.J..LI.:i P~h 61-1- 0 J;:;::S ()-af' . .::; 412-469-9410. Fax: 412-469-9419 ORDER WRITTEN BY v \ CUSTOMER'S ORDER NUMBER WHEN PROMISED YEAR MAKE AND MODEL SERIAL NUMBER LICENsE NUMBER OTY. ~I RT NO. AND DESCRIPTION AMOUNT '() )._,-Jt..),- I ')'(' <;l. 1m MOTOR NUMBER SPEEDOMETER ,,\ , 1 OESCR.IPTION OF WORK AMOUNT ~-':_h ~ (.~ "'''''' jq '-~ rt;..d<J 1""o/vl i1) p , U ^. ,. I.r. F ~N -c - P i-ftJ . .:J " t. tl'6 ~ _.J... ]....'- r / YvijJ YY.l-fu~J. t-f.5 tV 7\J .(/ 0 :i ^ - \,y':",..r,:;h...... 11/ (i (\ -(.- / ,:;. (.f) \....-/---- ..".~.---- -"-." 7rJ .7) .,j-L l'.{c M t-- ,::; f'" ,-.JI ~ /I)'\" ~Il ...- R(7) (r 0 7 ,\, ./ ~"12 T15 '\ Y' )I ,\--o\~ ' .-:/./ <..... ""_,.._-'v \ ') .-;"" ...J. 5-;)..,-os / (Jot) L.- , 2 TOTAL PARTS......................~ /('51 I([J LBS. GREASE TO LUBRICATE 'LABOR ' ){):JC ()::J ACCESSORIES o ENGINE OIL 2 PARTS In... ')') (VI LF LR RF RR o TRANS 3 ACCESS TIRE GALS. GAS DDIFF BRAKE OTS. OIL o WASH d/(" or) TAX ( J';.I-1 . rIe) AUTHORIZED BY 3 TOTAL ACCESSORIES..".........~ TOTAL ~ \jj,<.}{ m I hereby authorize the above repair wort<. to be done aiong with the necessary materials. You ,and your ees may operate aboVe veI1de T E .x;fi)ij-'{(/3-' /' ESTIMATES ARE FOR LABOR ONLY MATERIAL ADDITIONAL for purposes of testing, Inspeclion~ilVery at my nsk. An express med1arics ion is ~ on aboVe vetide lJ S9ClI9 !he amount of repairs lhereID. ~ is also uMerslJod \hat you wiIi rot be held resporoibIe for loss or damage to cars or ar1icles ieft in cars in case at fire. theft or 8I'f oIher cause bOyord y<>S (Xll1IroI. . PAY THIS AMOUNT ~ tlfHI/ !""-...} 1:---' , CJI C) .1'1 '^ ~ .'-j c.) ('-) ( .cJ "..,' .---- ----------------- --- - -- ----- ----- -- FINANCIAL RESPONSIBILITY IDENTIFICATION CARD COMPANY NUMBER COMPANY 36587 AIG NATIONAL INSURANCE CO POLICY NUMBER EFFECTIVE DA TE EXPIRATION DATE A I G 3070191 08/12/05 02/12/06 YEAR MAKE! MODEL VEHICLE IDENTIFICATION NUMBER 99 HOND CIVIC EX lHGEJ8145XL018930 AGENCY/COMPANY ISSUING CARD ADVANCED INS SOLUTIONS INC 546 W CHOCOLATE AVENUE HERSHEY, PA 17033 INSURED BRANDON HUTTO 600 WAYNE DRIVE MECHANICSBURG, PA 17055 NOT VALID FOR MORE THAN 6 MONTHS FROM EFFECTIVE DATE .. J ' ...... 1 " IJNIO'" ;PI i P: 'lr;[ll~,1 No 28 207 928 ~D"P."OO .... ~NIE~L . . MECHANCSBlJIllG PA 1 . ~~~ 1_; 0811812004 ElCpireII: . . ~ '4,I( ..... __ IT'!l.i'.l-J:i.:: r.' ~ ! UNllF H ,!.1 until .: 0(1 r 00 eomJMed Rslr" .,. s.,cM Eyes,HAZ Heigh!: 6'00" - . WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for hearing de novo pursuant to 75 Pa, Cons. Stat. Ann. # 177 and that the order of the Department of Transportation be set aside. o..()~7,~ Brandon Hutto 600 Wayne Dr. Mechanicsburg, PA 17055 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. #4904, relating to the unsworn falsification to authorities. Date: 1 h?J c:b ~ ':7-~ Plamtiff f})/'QIJt!!CJ/7/ii'ft/ f2~: h'ctJ E'r /lr' _ t/7AR,:~_CE~~,~D 5,:'0;;j 1':~) ','\ {. If .I. ,> ~ //4'/11 C-v (/.:;;J c""'-~~ . C'n1 iJ1.t'1)'-i..)eQ "n O'r , ('/JIl..5 'f ..i- t.::! f'lIf/JIt'l/t ':JrTrQt15;<JC>r-lt'/I(Jr) IQ, (:-5 pOl)cI r' rt -r Order for Hearing-Suspension of Vehicle Registration ORDER FOR HEARING AND NOW, ~7//7?71 M .:z.:<. ,2005, upon consideration of the petition of Brandon Hutto for rev ew of an order of the Department of Transportation suspending petitioner's vehicle registration, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's vehicle registration should be set aside. Hearing on the above matter is fixed for 9 i 3 ~.m., in Courtroom.!:f-, located at City of Carlisle, County of Cumberland, Commonwealth of Penn sylva The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address shown in the department's notice of entry of order, by certified mail, return receipt requested. By the Court: / . AU-- ifINVi\lASNI{3d A'l InN ".' '''''-'{'1::> " '.'.' I"....,' l'.'. """1' .J. .., ,'-...' " . -,.' -:' '..'~', ': \r' 'I SZ : 111~\l 22 d3S SOGZ /I. "r,J1CJ\i''''' 'I (",,, 1 :JHl :10 ov I ,U:-u~'CCl ..,l 381:l:iO-G311:1 " '/ " , I' BRANDON HUTTO, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-4743 CIVIL TERM COMMONWEALTH OF PA. DEPARTMENT OF TRANSP. Respondent IN RE: PETITION FOR REVIEW OR ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING VEHICLE REGISTRATION ORDER OF COURT AND NOW, this 7th day of December, 2005, the appeal from registration suspension is denied. By the Court, George H. Kabusk, Esquire Office of Chief Counsel For Department of Transporta ~J Mr. Brandon Hutto, Pro se 600 Wayne Drive Mechanicsburg, PA 17055 nr~-oS /J . C~.~ J718 :bg \\ ! .~,