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HomeMy WebLinkAbout06-2009 '.. . -. James R Jefferson Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 0(,,- ~Ddf' {!;vLL Y0-\ REGISTRATION SUSPENSION APPEAL Vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSORTATlON BUREAU OF MOTOR VEHICLES Respondent TO THE HONORABLE JUDGES OF SAID COURT And now on this 7th day of April 2006, comes James R. Jefferson, by himself and respectfully files the following Motor Vehicle Registration Suspension Appeal as follows: 1. Petitioner, James R. Jefferson is an adult licensed driver with a residenc address of 1705 Brandt Ave, new Cumberland, Cumberland County, Pennsylvania 17070. 2. The Department of Motor Vehicles has an address of P.O. Box 68674, Harrisburg, PA, 17106-8674. Petitioner received notice of a proposed 90 day suspension for failure of insurance. 3. I wish to appeal this based on the following. a. When the original insurance was taken out it was to be paid by my sisters credit card monthly as I had just moved here after retiring from the U.S. Navy and she was helping me out. Somehow this was not recorded with the Insurance Company. b. I do not recall receiving notice of cancellation. c. Said vehicle is insured and has been since shorthly after this notice was received and is on an automatic payment from my checking account. d. We are a one car family with medical and mental health issues with our children and have no other means of transportation for these or work. I ple'lQ,with)]:Je HOIloi~le Court for this Appeal ~_ ~L/~4.-- James R J.mferson / ' .. L.- ,-",PetItIOner , . , ~ . o. CO:\t:\10:"i\VEALTH OF PE7'l7'lSYLV A7'lIA DEl'AHT:\IE7'lT OF TRA7'lSPORTATI07'l Bt!REAIJ OF MOTOR VEHICLES PO BOX 68674 HARRISBlIRG, PA 17106.8674 n"""'"" .dmv.state.pa.us ,. '). '1 ../ ',- ",' WIllt TITLE' PROCESSING DATE TRANSACTION CODE 060599999014362 001 45731368 060228 00060 JAMES R JEFFERSON 1705 BRANDT AVE NEW CUMBERLND, PA 17070 OFFICIAL 7'lOTlCE MAIL DATE: 03/07/06 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: :\1AKE: OLDS:\lOBILI' LICE"iSE PLATE#: GFII7562 YEAH: 1993 TITLE#: 45731368 BODY TYPE: STATIO" WAGO:-.l VIN#: IG3AJ85"'XP6329753 This information was requested because PROGRESSIVE I1AJ.CYO:-.lI"'S CO notified us that the insurance policy covering the vehicle listed above was terminated on 12/28/05. Either no response was received or the infonnation you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 04/11/06 at f2:01 A.:\1. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A 1'I7'lAL ORDER OF SlJSPE7'lSION. You are required to retllrn your cllrrent registration plate, sticker lInd card to the Department immedilltely. Credit towlIrd serving this suspension will not begin until the Depllrtment receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Depal1ment in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. DO "'0'1' SEND CASH. Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We ha\'e enclosed a selt~addressed envelope for your use when correspondmg 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. If, lifter 3 weeks of mailing your registration plllte, sticl<er and card to the Department you dQ not receive 1I1etter statin~ YOllr re~istrlllion products were received, please contact us immediately. You have the ri~ht to appeal this sllspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date of this letter. If you file an appeal in the County Court, the Court will give you a time-stmuped certiEed copy of the appeal. In order !()f the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: , 0~ ......,:,. \~ Pennsy-lvllnia Depl of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisbur~, P A 17104-2516 {. A PROGRESSIVE DIRECT P.O. BOX 31260 TAMPA, FL33631 PROGRESSIVE' DIRECT JAMES R JEFFERSON 1705 BRANDT AVE NEW CUMBERLAND, PA 17070 Policy number: 14572050-0 UnoerWfJtten by: Progressive Halcyon Insurance Co. March 15, 2006 Policy Period Mar 12. 2006 ' Sep 12,2006 progressive.com Online Service Make payments, check billing activity, update policy information or check status ot a claim. Electronic Funds Transfer (EFT) Payment Schedule 800-999-8781 Automated Customer Service Pay by phone, verify last payment received or due date of next payment Thank you for choosing EFT for your insurance payments. The following is the schedule of payments that will be withdrawn from your checking account based on a recent payment or change to your policy. Remaining balance, "" ,$319.50 Date of withdrawal Apr 12. 2006 " May 12, 2006" Jun 12, 2006 , JuI12,2006" Amount """,,$64,90 ,,$64,90 , ",,,,,,,$64,90 ,,$64,90 Date of withdrawal Aug 12, 2006 Amount , , , , , , , ,$64,90 You may receive a paper bill for your first installment if your banking information has not been confirmed, An installment fee of $1.00 has been included in each withdrawal. The process of withdrawing payments begins on the dates scheduled above, Due to payment processing time. your transaction may not post immediately, In the event that your scheduled payment date falls on a weekend or holiday. the withdrawal process will begin on the next business day, If you have questions, please call Customer Service at 800.888-7764. Form6Z73(03/02) -:..=- g..-- - g~ g~ .tQ.. o ...-.:> ~ ~ - - en ,1 g~ en. ;-" S_ - d_- - ,..--' i_- ~ V g~ - C> 8_- r -U a_- V) o~ r<':!' <g ---- "'v r c:' 7,~ ~ oiil!! o~ -0 I-~ ",- ~ ,,!!jj t3 g~ 0" ~iiii %- ; '4.. <>-' JAMES R. JEFFERSON, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2006-2009 CIVIL COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORTATION. BUREAU OF MOTOR VEHICLES. : APPEAL OF MOTOR VEHICLE : REGISTRATION ORDER OF COURT AND NOW, this 17th day of April, 2006, it is noted that Petitioner's appeal was not filed with this Court until April 10, 2006, accordingly the appeal was not timely filed within the 30 days of the mail date of the official notice of suspension and therefore, the Court having no jurisdiction to hear this matter, the Petitioner's request for relief is denied. By the Court, ,t~ M. L. Ebert, Jr. J. ~s R. Jefferson Petitioner George Kabusk, Esquire ,~ ~orney for Penn Dot bas ,.,4 1 ' ,--,\,; i' '1