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Home My WebLink About05-6659 Richard B. Dorsey Vs. Pennsylvania Dep!. of Transportation of Motor Vehicles Court of Common Pleas Cwnberland County Case # ~-&,1...~9 C.ulLf/L"1 APPEAL I would like to request a hearing for the issue of my registration being suspended for 3 months due to lack of insurance coverage. I was notified almost over 30 days after my insurance was canceled by Progressive Halcyon insurance co. I then obtained coverage from Geico insurance company, and am in good standing as of October 19th. The total amount of time that I was without coverage was longer than 30 days. I am requesting this hearing because my occupation involves me driving for a living. I have never been in arrears with any insurance company or the state before. I have also filed a complaint with the state insurance board of investigators( consumer services division) to have them investigate the matter. Thank You. ~~:J/ 2500 Cope Drive Mechanicsburg, P A 17055 717-648-5770 . 4\0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WID. TITLn PROCESSING DATE TRANSACTION CODE 053119999037507 001 60116345 051107 00060 RICHARD B DORSEY 2500 COPE DR MECHANICSBURG, PA 17055 OFFICIAL NOTICE, MAIL DATE: 11/14/05 Dear Motorist: You were recently requested by the Bureau of Motor Vehicles to provide proof of fiuancial responsibility (insurance) covering the operation of the following vehicle: MAKE: SATURN, BODY TYPE: STATION WAGON, VIN NO: 5GZCZ63444S849237, TITLE: 60116345, TAG NO: FXV498S, This information was requested as a resnlt of this Bureau being notified by PROGRESSIVE HALCYON INS CO that the insurance policy covering Ihe vehicle was terminated on 09/07/05, Either no response was received or the information you provided indicated a lapse of coverage which was not permitted nnder Section 1786 of the Vehicle Code, As a resnlt, the vehicle registration privilege will be snspended for three months effective 12/19/05 at 12:01 A,:\l, as anthorized by Section 1786 (D) of the Vehicle Code, This is a final order of suspension, Yon 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 continnonsly covered by Iiabilily insurance, If there was a lapse in insurance coverage, you must provide this Bureau with proof of insurance indicating an effectiye date of coverage of less than 31 days from 09/07/05, and also provide a notarized affidavil stating that yonr vehicle was not opcrated 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 final order of suspension and unless you receive notice from Ihis Department that reconsideration was granted, yon will be reqnired to return your current registration plate, sticker and card, Additionally, credit toward serving the suspension will not begin until the registration plale is received by the Bureau, You will be required 10 pay a restoration fee in Ihe amount of 550,00, to the Department in accordance with Section 1960 of the Vehicle Code, Please see Ihe enclosed application for additional restoration fee information, We have enclosed a self-addressed envelope for use when corresponding and a mailing label 10 assist with Ihe rcturn of your registration plate, sticker and card, You have the right to appeallhis suspension to Ihe Court of Common Pleas of the county of your resideuce within thirty (30) days of the date of this notice, Sending a copy to this Dcpartment of a timely, filed appeal will slay Ihe Department's action pending a final decision by Ihe court, The copy must be sent by ccrtified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516, , ~, /l;:.)"lg, It.. II) ~ ........ lI( ~ ~ - ~p:l -cJ ~ +j I ~ r C) ~.:;~; '" g 0 c.n -n ==[1.,.., .~n..g..(9F1.fG)' ~ ..~~-.7, ...... t5~ -U f5r~ (...J :;~ ~iJ .-< Cl "1 r> N o c- :~ I ~ . -.. RICHARD B. DORSEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS LICENSING 05-6659 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of December, 2005, a hearing in the above-captioned case is scheduled for Monday, February 27,2006, at 2:00 p.m., in ---- Richard B. Dorsey, Pro se 2500 Cope Drive Mechanicsburg, PA 17055 () , )1' 0) Cf.L4 ~t. ]1.is- George Kabusk, Esquire For Department of Transportation :sal ~ ~CT' 1':':: U\(-. C')>" \;~~ ~- 'L --- C)l-- " ( , el' LULL -' o:l7-' t-- tL o o ,." N c:> ('~J L') i..d = <.co = = c-o ::) U .r' . '- ... RICHARD B. DORSEY, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-6659 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, RESPONDENT REGISTRATION SUSPENSION APPEAL MOTION TO OUASH APPEAL AS UNTIMELY FILED AND NOW comes the Department of Transportation (hereinafter referred to as "Department") by and through its attorney, George H. Kabusk, Assistant Counsel, and hereby respectfully represents as follows: I. The Department of Transportation notified the petitioner by notice dated November 14, 2005, that the Department was notified by Progressive Halcyon Insurance Company that the insurance policy covering a Saturn, VIN No. 5GZCZ63444S849237, Title No. 60116345, Tag No. FXV4988, was terminated on September 7, 2005, and as a result the petitioner's privilege to register the vehicle was being suspended for three months effective December 19, 2005, pursuant to Section 1786 of the Vehicle Code. 2. Section 1786 of the Vehicle Code provides that any owner whose vehicle registration has been suspended under Section 1 786(d) of the Vehicle Code shall have the same right of appeal under Section 1377 of the Vehicle Code, relating to Judicial Review. 75 Pa. C.S. S 1786(d)(3). 3. Section 1377 of the Vehicle Code, relating to Judicial Review, provides that any person who has been sanctioned by the Department under Chapter 13 ofthe Vehicle Code, shall have the right to appeal to the Court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). 75 Pa. C.S. ~ 1377. 4. Section 933 of the Judicial Code provides that the Courts of Common Pleas shall have jurisdiction of appeals of final orders issued by the Department of Transportation pursuant to, inter alia, Section 1377 of the Vehicle Code, 75 Pa. C.S. ~ 1377. 42 Pa. C.S. ~ 933. 5. An appeal of a registration suspension must be filed within thirty days of the mailing date ofthe Department's Notice of Suspension. See 75 Pa. C.S. ~ 1377 and 42 Pa. C.S. ~~ 5571, 5572. See Hudson v. Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594 (Pa. Cmwlth. 2003); Bye v. Department of Transportation, Bureau of Driver Licensing, 607 A.2d 325 (Pa. Cmwlth. 1992). 6. Failure to file the appeal within the thirty-day appeal period deprives the court of jurisdiction to entertain the merits of the case. See Hudson v. Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594 (Pa. Cmwlth. 2003); Kovalesky v. Department of Transportation, Bureau of Driver Licensing, 850 A.2d 26 (Pa. Cmwlth. 2004); Robinson v. Pennsylvania Board of Probation and Parole, 582 A.2d 857, 859 (Pa. 1990); Department of Transportation, Bureau of Motor Vehicles v. Shemer, 629 A.2d 1063 (Pa. Cmwlth. 1993), appeal denied, 536 Pa. 635, 637 A.2d 294 (1993), (appeal quashed when filed one day after the expiration of the 30 day appeal period). 7. An appeal nunc pro tunc may only be allowed when the party requests to appeal nunc pro tunc and there is proof of fraud or breakdown of administrative or judicial system which caused the late filing. See Kovalesky v. Department of Transportation, Bureau of Driver Licensing, 850 A.2d 26 (Pa. Cmwlth. 2004). 8. An appeal nunc pro tunc may also be allowed when the party requests to appeal nunc pro tunc and there were extraordinary circumstances by which the petitioner was precluded from filing a timely appeal due to non-negligent, unforeseeable and unavoidable consequences. See Schofield v. Department of Transportation, Bureau of Driver Licensing, 828 A.2d 510 (Pa. Cmwlth. 2003); Puckett v. Department of Transportation, Bureau of Driver Licensing, 804 A.2d 140 (Pa. Cmwlth. 2002). 9. The last day for filing a timely appeal after the mailing date of the Department's Notice of Suspension dated November 14,2005, was December 14, 2005. 10. The petitioner filed an appeal on or about December 20, 2005. 11. The petitioner's appeal is untimely. 12. An appeal taken after the right to take an appeal has expired is null and void and is subject to being quashed and dismissed for want of jurisdiction. See Maxion v. Department of Transportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); McKeown v. Department of Transportation, 601 A.2d 486 (Pa. Cmwlth. 1991); See also Smith v. Department of Transportation, Bureau of Driver Licensing, 749 A.2d 1065 (Pa. Cmwlth. 2000), Department of Transportation, Bureau of Driver Licensing v. Gross, 540 A.2d 343 (Pa. Cmwlth. r',_,) __J r"..l ~ RICHARD B. DORSEY, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-6659 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, RESPONDENT REGISTRATION SUSPENSION APPEAL ORDER AND NOW, this _\ lb "" day of 'S~\1 , 2006, upon consideration of the Department's Motion to Quash Appeal as Untimely Filed, this Court finds that the appeal was not filed and perfected within the thirty (30) days allowed by law. Accordingly, the registration suspension appeal is quashed and dismissed for want of jurisdiction. BY THE COURT \-L~\ J. DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd . ~ ~ Floor, 1101 South Front Street, Harrisburg, PA 17014-2516 < ,.,;;";"j)J Richard B. Dorsey, Pro Se, 2500 Cope Dr., Mechanicsburg, P A 17055 - I?~ ",-:, t)"J ~ - 0.") ~ - I)? c:. (?