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HomeMy WebLinkAbout02-1711Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : i F,,e No. ." : : 1. Appellant herein is ~f_t~t~ residing at and having a m~iling address of: PETITION FOR APPEAL FROM A SUSPENSION OF 6PERATING PRIVILEGE ' ·J,..~/~ 6 (./,/A ~' i 2.- A~pellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a maidng address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. *'" Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. / 3. By letter or notice dated 3/JI/OZ.- , a copy of which is attached hereto as Exhibit A, the De:3artment of Transportation V~ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of ~ ~,Of¥-i~lt c- denied the issuance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supe,-sedeas can be issued· I~' Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis_ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / registration is improper or unlawful for the following reasons: / Appellgnt respectfully request~that this matter be set down for a hearing and that the coder of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- I verify that the statements made in this Petition are true and correct. I under'stand that false statements herein are made subject to the penalties of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities. -3- DAVID F & LUANN H HENDERSHOT ~S~ NASHXNGTON TER LEHOYNE~ PA ~?Oq3 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 OFFICIAL NOTICE MAlL DATE: 03111102 Information (7:00 AM to 9:.00 PM) Pennsylvania 800-932-d600 Out of State 71%391-6190 TDD Pennsylvania 800-228-0676 TDD Out of State 717-391-6191 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: BUICK, BODY TYPE: SEDAN, VIN NO: 1G4HP52L9SH525755, TITLE: 49121666, TAG NO: BXA6224. This information was requested as a result of this Bureau being notified by STATE FARM MUTUAL AUTOMOBILE INS that the insurance policy covering the vehicle was terminated on 12/17]01. Either no response was received or the information yon provided indicated a lapse of coverage which was not permitted under Section 17.86 of the Vehicle Code. As a r-~ult, the vehicle registration privilege will be suspended for th~'e months effective 04[15]02 at 12:01 A.M. as authorized 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 insur~ 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, yon must provide this Bureau with proof of insurance indicating an effective date of coverage of less than 31 days from 12/17/01, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is necessary for yon 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 suspensicm and unless yon receive notice from this Department that reconsideration was granted, yon will be required to return your curr~t registration plate, sticker and card. Additionally, credit toward serving the suspension will not begin until the registration plate is reccived by the Bureau. Yon will be required to pay a restoration fee in the amount of S50.00, to the Department in accordance with Section 1960 of the Vehicle Code. Please see the enclosed application for additional 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, sticker and card. Yon have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty (~0) days of the date of this notice. Sending a copy to this Department of a timdy, filed appeal will stay the Department's action pending a final decision by the court. The copy must be sent by certified mall to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. o~ APPELLANT V APR 1 0 2002 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.' Og-I"llJ ~_~ COMMONWEALTH OF PENNSYLVANIA pENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER OF COURT ~24D NOW, this l) l~day of p~Or, [ ,20o~ based upon Appellant's Appeal, a hear/ng shall be held on~O2~ay of ~t~_~, 200~&,in Courtroom_~ at~] Dt~ o'clockP, m. at the Cumberland County Courthouse. j. ?F LUANNM- HENDERSHOT, : Appellant : : : V. : COMMONWEALTH OF pENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : 02-1711 CIVIL TERM IN RE: APPEAL DISMISSED QRDER OF ~QURT AND NOW, this 20th day of June, 2002, the Appellant having failed to appear, and after review of Department's Exhibit 1, the appeal IS DISmiSSED. By the court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA Edward E. Guido, J- Luann M. Hendershot, Pro se 151 Washington Terrace Lemoyne, PA 17043 George Kabusk, Esquire For the Appellee it