HomeMy WebLinkAbout06-0386
PETER G. GLENN,
Petition.er
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 2006 - 3Pb.
CIVIL TERM
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
Respondent
APPEAL FROM REGISTRATION
SUSPENSION
PETITION FOR APPEAL
Petitioner, Peter G. Glenn, by his attorneys, Broujos & Gilroy, P.c., sets forth the following:
1
Petitioner is Peter G. Glenn, an adult individual residing at 36 Courtyard Drive, Carlisle,
Cumberland County, Pennsylvania.
2
By letter dated December 26, 2005, the Commonwealth of Pennsylvania Department of
Transportation suspended registration for a 1999 Volkswagen Sedan owned by Petitioner for
a period of three months effective January 30, 2006. A copy of the Suspension Notice is
attached hereto and marked Exhibit "A".
3
The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary,
unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the
Petitioner's Constitutional Rights.
4
Petitioner seeks a de novo Hearing to determine whether the motor vehicle registration
suspension is appropriate.
WHEREFORE, the Petitioner reqnests that a hearing be set to address the issues raised in
this Petition.
Respectfully submitted,
Date:
/- ;J 0- 0 (0
Hubert X. Gilroy, Es
Broujos & Gilroy, P.
Attorney for Petitioner
COMMONWEALTH OF PEN:'IISYLV ANIA
DEPARTMENT OF TRANSPORTATIO:'ll
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
www.dm\-".statc.pa.us
WID!!
TITLE!!
PROCESSING DATE
TRANSACTION CODE
053539999020544 001
53958198
051219
00060
PETER G GLENN
36 COURTYARD DR
CARLISLE, PA 17013
OFFICIAL NOTICE
MAIL DATE: 12{26{05
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: VOLKSWAGEN
LICENSE I'LATl'.#: EDW4452
YEAR: ]999
TITLE#: 53958198
BODY TYPE: SI'DAN
VIN#: WVWMA63BSXESI2476
This information was requested because NATIONWIDE MUTUAL INSURANCE COMPANY notilied us that
the insurance policy covering the vehicle listed above was terminated on 09/30/05. Either no response was received
or the information you provided was not acceptab\e.
As a result, the registration for the vehicle listed above will be sllspended ror three mOllths effective 01/30/116 at 12:111
A.M. as authorized by Section 1786( d) of the Vehicle Code.
THIS IS A FINAL ORDER OF SIJSI'ENSION. "1'011 are re'l"ired to retllrn YOllr cllrrent registration 1,late, slicker
and card to the Department immediately. Credit toward serving this sllspension will not begin IInlillhe Del"lflmenl
receives your registration products. Additionally, you are required to pay a restoration tee in the amount of $50 to
the Department in accordance with Section ]960 of the Vehicle Code. Please make check or money order payable
to the P A Department of Transportation. DO NOT SEND CASI!. Within 30 days of your eligibility date fl)r
restoration, you will also be required to show proof of insurance for this vehicle.
We have enclosed a self~addressed envelope for your use when corresponding and a mailing label to assist with the
return of your registration plate, sticker and card. When the Department receives your registration products, we
will send you a letter within 3 weeks confirming that they were received. H, arter 3 weeks of mailing your
registration plate, stieker and card to the Departmenl you do nol receive a leller stating your registration products
were received, plea.~e contact us immediately..
You have the right to appeallhis suspension to the Court of Common Pleas of the county of your residence within
thirty(30) days of Ihemail dale of this leller. If you file an appeal in the County Court, the Court will give you a
time-stamped certified copy of the appeal. In order for the appeal to be valid, you must send this time stamped
certified copy of 1he appeal by certified mail to:
~
D
S
EXHIBIT
A
Pennsylvania Dept of Transportation
Office or Chief Connsel
1101 S Front Slreet-3rd Floor
lIarrisburg, l'A 17104-2516
00-000
53958198
PAY THIS AMOUNT ---------------------------------.--,$SO,()()
BY CHECK OR MONEY ORDER
PAYABLE TO I'A DEI'T OF TRANSPORTATION
539581980006050,00
DO NOT SEND CASH
PETER G GLENN
36 COURTYARD DR
CARLISLE, PA 17013
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)
800-932-4600
7]7-39]-6190
800-228-0676
7]7.391-6191
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PETER G. GLENN,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
j
vs.
: NO. 2006 - :;Pb
CIVIL TERM
COMMONWEALTH OF
PENNSYL VANIA, DEPARTMENT
OF TRANSPORTATION,
Respondent
APPEAL FROM REGISTRATION
SUSPENSION
COURT ORDER
AND NOW, this
1.0 "II.
day of January, 2006, upon consideration of the
foregoing Petition For Appeal from an Order of Suspension of Motor Vehicle Registration,
a hearing is granted de novo to determine whether the Petitioner is subject to the
suspension of his registration as set forth in the Petition.
Courtroom No. F)
~"~
which time the issues raised in this Petition will be heard.
of the
, 2006 at
Cumberland County
~WO A.
~ -) -J:.-.m, at
A hearing is scheduled in
s!:
Courthouse on the 3\ day of
This Appeal shall act as a supersedeas of the Suspension Order issued by the
Department of Transportation on December 26, 2005 relating to the registration
suspension effective January 30, 2006.
Petitioner's counsel is directed to serve a copy of the attached Petition and this
Order on the appropriate offices of the Pennsylvania Department of Transportation,
BY THE COURT,
~
Cc: Aubert X. Gilroy, Esquire
vOffice of the Chief Counsel of PennDOT
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PETER G. GLENN,
Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 2006 - 386
CIVIL TERM
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
Respondent
APPEAL FROM REGISTRATION
SUSPENSION
COURT ORDER
"l\
AND NOW, this \. ~ day of March, 2006, upon consideration of the
Petitioner's request to withdraw his petition for appeal in this matter filed via a letter to
the Court from Petitioner's counsel, and it being related to the Court that counsel for the
Pennsylvania Department of Transportation is in agreement with Petitioner's request, it is
ordered and directed as follows:
1. The hearing in Courtroom No.5 on March 31, 2006 at 10:00 a,m, is cancelled,
2. The supersedeas of the Suspension Order issued by the Department of
Transportation on December 26, 2005 as noted in this Court's January 20, 2006
Order is lifted. The Commonwealth of Pennsylvania, Department of
Transportation may proceed with the registration suspension as originally issued.
BY THE COURT,
Cc: ilfubert X. Gilroy, Esquire
~eorge H. Kabusk, Esquire \:
\~ {
M, L, Ebert, Jr" Judge
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