HomeMy WebLinkAbout06-3816
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P A Department of Transportation
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
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Elizabeth J Richwine
Defendant
: ITEM: REGISTRATION SUSPENSION
PETITION FOR HEARING
AND NOW. comes Elizabeth Richwine, citizen of Cumberland County, and petitions
Your Honorable Court to order a hearing between the petitioner and Pennsylvania
Department of Transportation upon the following:
1. Petitioner's insurance company, Liberty Mutual, cancelled petitioner's
insurance policies without serving notice upon the petitioner.
2. Pennsylvania Department of Transportation suspended petitioner's vehicle
registrations as authorized by section 1786( d) of the vehicle code.
THEREFORE, the petitioner respectfully requests Your Honorable Court to hold a
hearing to resolve this matter at hand.
Very Respectfully Submitted,
izabeth Rich
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COMMONWEALTH OF PENNSYLVANIA
DEI) ARTMENT OF TRANSPORT A TlON
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
www.dmv.state.pa.us
WIDt
TITLEt
PROCESSING DATE
TRANSACTION CODE
061709999037612 001
60634057
060619
00060
ELIZABETH J RICHWINE
902 CAVALRV ST
CARLISLE, PA 17013
OFFICIAL NOTICE
MAIL DATE: 06/26/06
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: CHRYSLER
LICENSE PLA TE#: FSL4460
YEAR: 1999
TITLE#: 60634057
BODY TYPE: STATION WAGON
VIN#: lC4GP64L8XB698924
This information was requested because FIRST LIBERTY INS CORPORATION notified us that the insurance
policy covering the vehicle listed above was terminated on 04/ 11/06. Either no response was received or the
information you provided was not acceptable.
As a result, the registration for the vehicle listed above will be suspended for three months effective 07/31/06 at 12:01
A.M. as authorized by Section 1786(d) of the Vehicle Code.
llIIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker
and card to the Department immediately. Credit toward serving this suspension will not begin until the Department
receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to
the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable
to the PA Department of Transportation. DO NOT 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 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. If, after 3 weeks of mailing your
registration plate, sticker and card to the Department you do not receive a letter stating your registration products
were received, please contact us immediately.
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You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within
thirty(JO) days of the mail date of this letter. If in the Co.unty Court, the Court will give you a
time-stamped certified copy of the appeal. order for t e appea to 1 ,you ust send this time stamped
certified copy of the appeal by certifie ail to:
Pennsylvania Dept of Transportation
Office of Chief Counsel
1101 S Front Street-3rd Floor
Harrisburg, PA 17104-2516
COMMONWEALTH OF PENNSYLVANIA
DEP ARTMENT OF TRANSPORT A TION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
www.dmv.state.pa.us
WID.
TITLE.
PROCESSING DATE
TRANSACTION CODE
061709999032927 001
58523958
060619
00060
JAMIE P RICHWINE
902 CAVALRV ST
CARLISLE, PA 17013
OFFICIAl. NOTICE
MAIl. DATE: 06/26/06
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: DODGE
LICENSE PLATE#: YNX5017
YEAR: 2003
TITIJE#: 58523958
BODY lYPE: TRUCK
VIN#: 3D7KU28D93G769683
This information was requested because FIRST LIBERTY INS CORPORATION notified us that the insurance
policy covering the vehicle listed above was terminated on 04/11/06. Either no response was received or the
information you provided was not acceptable.
As a result, the registration for the vehicle listed above will be suspended for three months effective 07/31/06 at 12:01
A.M. as authorized by Section 1786(d) of the Vehicle Code.
TIllS IS A FINAL ORDER 01<' SUSPENSION. You are required to return your current registration plate, sticker
and card to the Department immediately. Credit toward serving this suspension will not begin until the Department
receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to
the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable
to the PA Department of Transportation. DO NOT 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 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. If, after 3 weeks of mailing your
registration plate, sticker and card to the Department you do not receive a letter stating your registration products
were received, please contact us immediately.
You have the right to appeal this suspension 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 me 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 the appeal by certified mail to:
Pennsylvania Dept of Transportation
Office of Chief Counsel
1101 S Front Street-3rd Hoor
Harrisburg, PA 17104-2516
.
COMMONWEALTH OF PENNSYLVANIA
DEP ARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICI..ES
PO BOX 68674
HARRISBURG, PA 171O~8674
www.dmv.state.pa.us
WIDt
TITLEt
PROCESSING DATE
TRANSACTION CODE
061709999041415 001
61817539
060619
00060
JAMIE P RICHWINE
902 CAVALRV ST
CARLISLE, PA 17013
OFFICIAL NOTICE
MAIL DATE: 06/26/06
Dear Customer:
The Department recently requested that you provide us with proof of financial responsibility (insurance) for the
following vehicle:
MAKE: VOLKSWAGEN
LICENSE PLA TE#: GCG5045
YEAR: 1996
TITLE#: 61817539
BODY TYPE: SEDAN
VIN#: WVWGC83A2TE058224
This information was requested because FIRST LIBERTY INS CORPORATION notified us that the insurance
policy covering the vehicle listed above was terminated on 04/11/06. Either no response was received or the
information you provided was not acceptable.
As a result, the registration for the vehicle listed above will be suspended for three months effective 07/31/06 at 12:01
A.M. as authorized by Section I786(d) of the Vehicle Code.
11IIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker
and card to the Department immediately. Credit toward serving this suspension will not begin until the Department
receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to
the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable
to the PA Department of Transportation. DO NOT 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 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. If, after 3 weeks of mailing your
registration plate, sticker and card to the Department you do not receive a letter stating your registration products
were received, please contact us immediately.
You have the right to appeal this suspension 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-stamped certified copy of the appeal. In order for the appeal to be valid, you must send this time stamped
certified copy of the appeal by certified mail to:
Pennsylvania Dept of Transportation
Office of Chief Counsel
1101 S Front Street-3rd Floor
Harrisburg, PA 17104-2516
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PA DEPT OF TRANSPORTATION: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 06-3816 CIVIL
ELIZABETII J. RICHWINE,
Defendant
IN RE: PETITION FOR HEARING
ORDER
AND NOW, this I~ v- day of July, 2006, hearing in the above captioned
registration suspension appeal is set for Thursday, October 5, 2006, at 9:30 a.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
~ge Kabusk, Esquire
For PennDOT
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v Elizabeth J. Richwine
Pro Se
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PA DEPT OF TRANSPORTATION,:
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH J. RICHWINE,
Defendant
CIVIL ACTION - LAW
NO. 06-3816 CIVIL TERM
IN RE: REGISTRATION SUSPENSION APPEAL
Proceedings held before the
HONORABLE KEVIN A. HESS, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Thursday, October 5, 2006, commencing at 9:30 a.m.
in Courtroom Number Four
APPEARANCES:
George H. Kabusk, Esquire
For the Plaintiff
Elizabeth J. Richwine
Pro se
.\..:
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1 (Whereupon, Commonwealth Exhibit Nos. 1, 2,
2 and 3 were marked for identification.)
3 MR. KABUSK: Good morning, Your Honor. This
4 is the case of Elizabeth J. Richwine versus Commonwealth of
5 Pennsylvania, Department of Transportation, Bureau of Motor
6 Vehicles, case No. 06-3816.
7 The Petitioner's notice of suspension indicates
8 that the Petitioner's insurance company, Liberty Mutual,
9 cancelled Petitioner's insurance policies without serving
10 notice upon the Petitioner, and the petition was signed by
11 Elizabeth Richwine.
12 And to that Petitioner attached three notices of
13 suspension. One is directed to the Petitioner, Elizabeth J.
14 Richwine, for a Chrysler. The other two were directed to
15 Jamie P. Richwine, one for a Dodge, and the other to Jamie
16 P. Richwine, and that was for a Volkswagen.
17 This is a case where it's a registration
18 suspension pursuant to Section 1786 of the Vehicle Code.
19 Prior to proceeding I would make a motion to quash
20 the appeal of the two notices of suspension that were
21 directed to Jamie P. Richwine on two bases. One, that the
22 Petitioner does not have standing to appeal a vehicle which
23 is -- in which she is not the owner.
24 The second is that in these registration
25 suspension matters, it's improper to file a single appeal of
2
1 multiple notices of suspension. The proper mode of
2 appealing these would have been to file a separate appeal
3 for each notice of suspension, and I would cite to you the
4 Brogan case, B-r-o-g-a-n, versus PennDOT, Bureau of Driver
5 Licensing, 643 Atlantic Second 1126, where the Court states
6
7 THE COURT: What is the cite again?
8 MR. KABUSK: 643 Atlantic Second 1126 where
9 the Court states: As such, based upon the long-standing
10 rule in this Commonwealth discouraging the filing of a
11 single appeal for multiple orders, we conclude that a party
12 may not file a single statutory appeal from multiple
13 suspension notices relating to separate vehicle
14 registrations.
15 And based upon that I would move to quash the
16 appeal as it relates to the Volkswagen, which is in Jamie P.
17 Richwine's name, and the Dodge as in Jamie P. Richwine's
18 name.
19 THE COURT: All right. I will hear argument
20 on that issue and then anything that either party has to say
21 about the merits of the case and consider it altogether.
22 Obviously if I quash the two appeals, that will make any
23 other issue moot, and that's the way I'll approach it.
24 Ms. Richwine, do you want to be heard on the
25 motion to quash at this point?
3
1 MS. RICHWINE: Yes.
2 THE COURT: Go ahead.
3 MS. RICHWINE: I do agree. My situation for
4 all three of my vehicles is the same. Unfortunately Jamie
5 is not here to represent himself. I didn't even honestly
6 know that I was not on the registration for the vehicles.
7 I'm the one that handles all the registration and the
8 payments and such.
9 I was under the assumption I could handle it, and
10 when I filed my appeal, they accepted all three with my
11 single payment of $55.00, and I was not notified that they
12 had to be filed separately. I am sorry about that, but,
13 yes, I would like to quash that also.
14 THE COURT: And who is Jamie?
15 MS. RICHWINE: My husband.
16 THE COURT: Your husband?
17 MS. RICHWINE: Yes.
18 THE COURT: All right. And so apparently
19 these vehicles are the two of them are -- you have
20 learned belatedly are registered in his name.
21 MS. RICHWINE: Yes, we bought them together,
22 but I went home with the two kids and he stayed with the
23 paperwork, and I guess that's how that happened.
24 THE COURT: All right. Well, I don't know if
25 you understand what I said -- understood what I said a
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minute ago, but I'm going to consider that, the
Commonwealth's Motion to Quash, as part of the disposition
of the entire case.
MS. RICHWINE: Okay.
THE COURT: So we will have to see what I do
with regard to at least two of these vehicles. Okay. Can
we complete the record then with regard to what -- any issue
there might be on the merits?
MR. KABUSK: Yes, Your Honor. What's been
marked as Commonwealth's Exhibit No.1 is a packet of
documents under seal and certification. I provided a copy
to Ms. Richwine.
Subexhibit No. 1 is the official notice of
suspension dated and mailed 6/26/06, suspension effective
7/31/06, and that is the notice of suspension to Elizabeth
J. Richwine indicating that her registration suspension is
being suspended pursuant to for three months pursuant to
Section 1786(d) of the Vehicle Code.
It indicates that the information the
Department requested the Petitioner to provide proof of
financial responsibility for the Chrysler. The information
was requested because First Liberty Insurance Corporation
notified the Department that the insurance policy covering
the vehicle was terminated on 4/11/06. Either no response
was received or the information provided was not acceptable.
5
1 Subexhibit No. 2 is an electronic transmission
2 from First Liberty Insurance Corporation certifying the
3 termination of insurance on 4/11/06.
4 Subexhibit 3 is a computer printout of Vehicle
5 Inquiry Detail by Title screen from the Department of
6 Transportation's records for 1999 Chrysler station wagon
7 with title No. 60634057, license plate No. FSL 4460 by
8 Elizabeth J. Richwine, expiration date June of 2007.
9 Subexhibit No. 4 is a letter dated 5/10/06 to
10 Defendant regarding notification of new insurance
11 cancellation, and Subexhibit No. 5 is registration record
12 which appears in the file of the Defendant, Elizabeth J.
13 Richwine, registration number -- that should be title number
14 60634057 in the Bureau of Motor Vehicles, Harrisburg,
15 Pennsylvania.
16 Exhibit No. 2 is a packet of documents under seal
17 and certification, and I provided a copy to the Petitioner.
18 It's essentially the same thing; however, this is directed
19 to Jamie P. Richwine for a Volkswagen with title No.
20 61817539.
21 Once again the notice of suspension informs Mr.
22 Richwine that the vehicle, the Volkswagen, registration is
23 being suspended for three months because of the notification
24 from First Liberty Insurance Corporation.
25 Subexhibit 2 is an electronic transmission from
6
1 First Liberty Insurance Corporation certifying the
2 termination of insurance on 4/11/06.
3 Subexhibit 3 is a computer printout of the Vehicle
4 Inquiry by Title screen from the Department of
5 Transportation for a 1996 Volkswagen sedan with title number
6 61817539, license plate No. GCG 5045 by Jamie P. Richwine,
7 expiration date August 2007.
8 And once again the letter dated 5/10/06 to
9 Defendant regarding notification of new insurance
10 cancellation, and, five, registration record which appears
11 in the file of the Defendant, Jamie P. Richwine.
12 Exhibit No. 3 is under seal and certification. I
13 provided a copy to the Petitioner. That is an official
14 notice of suspension directed to Jamie P. Richwine for a
15 Dodge.
16 Once again the notice of suspension 1S Subexhibit
17 No.1 which informs Mr. Richwine that the registration for
18 the Dodge is being suspended.
19 Subexhibit No. 2 is the electronic transmission
20 from First Liberty Insurance Corporation certifying the
21 termination of insurance on 4/11/06. Three is the computer
22 printout of Vehicle Inquiry Detail by Title screen for the
23 Department of Transportation's records for 2003 Dodge truck
24 with Title No. 58523958, license plate No. YNX 5017 by Jamie
25 P. Richwine, expiration November of 2006.
7
1 A letter dated 5/10/06 to the Defendant regarding
2 notification of new insurance cancellation, and five is the
3 registration record which appears in the file of the
4 Defendant, Jamie P. Richwine, for title No. 58523958.
5 I move for the admission of what's been marked
6 Commonwealth's Exhibit Nos. 1, 2, and 3.
7 THE COURT: We'll admit them.
8 (Whereupon, Commonwealth's Exhibit Nos. 1, 2,
9 and 3 were admitted into evidence.)
10 THE COURT: The notice of cancellation of
11 insurance, that was sent to your department, right?
12 MR. KABUSK: It was electronically
13 transmitted to us from the insurance company.
14 THE COURT: Does it indicate that a copy was
15 sent to Ms. Richwine or indicated any notice was given to
16 them?
17 MR. KABUSK: We would not have that. The
18 only thing we would have is once we received that
19 notification, we then sent out a notice, which is Subexhibit
20 No. 4 dated May 10th informing them that the Department
21 recently received information from the insurance company
22 about cancellation of automobile insurance.
23 Then tells them we realize that you may have only
24 changed companies, however, insurance companies are only
25 required to notify the Department of a cancellation of
8
1 insurance but not when they add you as a customer.
2 Therefore, we need to verify your new coverage
3 with this letter. Tells them please take time to read this
4 letter carefully and provide us with the needed information.
S Failure to respond to this letter within three weeks may
6 result in a suspension of your vehicle registration.
7 Then it indicates the insurance company that
8 notified the Department of the cancellation was First
9 Liberty Insurance Corporation, that the insurance was
10 cancelled on 4/11/06, and then it identifies the vehicle
11 specifically.
12 THE COURT: And many of these documents will
13 speak for itself, but just for my edification, what is a
14 notification of new insurance cancellation?
15 MR. KABUSK: That -- I am not sure about that
16 terminology. That is referring to Subexhibit No.4, and
17 that's where the Department sent the letter saying that we
18 received notification from your insurance company that you
19 were cancelled.
20 Please read this letter, and then it gives, I
21 guess, seven different scenarios of what to do, if they
22 obtain new insurance company before or after that date of
23 cancellation, then they're asking them to send proof to
24 PennDOT. If it was with the same company, once again
25 provide proof to PennDOT. If it was afterwards, provide
9
1 proof to PennDOT, and then it talks about the 30-day lapse,
2 so that's what that's referring to, the letter prior to the
3 notice of suspension asking the owner/registrant to follow
4 up with the department because the department received a
5 notice from the insurance company.
6 THE COURT: Okay. Ms. Richwine, I'll be
7 happy to receive some testimony from you if you care to
8 offer any.
9 MS. RICHWINE: Yes.
10 THE COURT: I want to caution you from the
11 get go. I get into a new area or different area of the law
12 every day as I sit on the bench, so I don't know everything.
13 There maybe some defenses to this suspension that I know
14 nothing about without researching it, so if you fail -- and
15 you may not know it either, and you may fail to testify
16 about something important this morning, and if you do, I can
17 take no responsibility for that. Okay?
18 MS. RICHWINE: Okay.
19 THE COURT: So if you'd like to take the
20 stand, you can tell me what happened and I will take the
21 matter under advisement.
22 Whereupon,
23 ELIZABETH RICHWINE
24 having been duly sworn, testified as follows:
25 DIRECT TESTIMONY
10
1 THE COURT: Why don't you state your name and
2 address for the record.
3 MS. RICHWINE: My name is Elizabeth J.
4 Richwine. My address is 902 Calvary Street, Carlisle,
5 Pennsylvania, 17013.
6 THE COURT: Okay. And what would you like to
7 tell me about this.
8 THE WITNESS: First off, I am very sorry for
9 appealing this improperly. Honestly, it was an honest
10 mistake. I received a letter from Liberty Mutual around
11 March 22nd, 2006. It stated that I owed $327.00 due before
12 April 11th in order to keep my insurance.
13 Since I paid my bills through electronic transfer,
14 I had to change the amount due. I must have made a key
15 stroke error and paid $227.00 instead of $327.00. The bill
16 was paid on April 3rd before the notification said that they
17 would suspend my insurance.
18 After not hearing anything, I assumed everything
19 was taken care of. I had made several policy changes around
20 the end of March and was told I would be receiving a refund
21 check from Liberty Mutual. In the end of April, I did not
22
23 THE COURT REPORTER: Ma'am, you are going to
24 have to slow down a little bit.
25 MS. RICHWINE: I'm sorry.
11
1 THE COURT: You're apparently reading from
2 something?
3 MS. RICHWINE: Yes, I am.
4 THE COURT: And that's fine. As a matter of
5 fact, I propose when you are all done reading that, that
6 you simply mark it as an exhibit, and then I'll have the
7 same copy that you have.
8 MS. RICHWINE: You don't want to see my
9 grammatical errors, though.
10 THE COURT: In the meantime you need to slow
11 down a little bit.
12 MS. RICHWINE: I'm sorry. Okay. I had made
13 some policy changes around the end of March and was told I
14 would be receiving a refund check from Liberty Mutual. In
15 the end of April I did receive my refund check in the amount
16 of $178.00 for my policy changes.
17 On May 8th I made another payment in the amount of
18 $227.00. I also had another payment to go out on June 9th
19 for the same amount because we were planning on being out of
20 town.
21 My family left Pennsylvania on May 13th to head
22 south to Georgia to visit my parents. We planned on
23 spending two weeks with my family. When at six months
24 pregnant, I started having maJor pregnancy complications and
25 was not allowed to travel home.
12
1 My husband took an extended leave of absence from
2 work and stayed to help take care of myself and my other two
3 children. We returned to Pennsylvania on June 9th.
4 While trying to catch up on everything while being
5 on bed rest and taking care of my other two children, I did
6 not get to the mail until June 11th, which included the
7 Penn DOT letter and the refund checks from Liberty Mutual.
8 I immediately called Liberty Mutual that Sunday
9 night to inquire about the check. I'm sorry. It was then
10 that they claimed to have sent a letter of cancellation back
11 to me in April. I asked them to fax the letter to me.
12 When I received the fax, I knew for a fact that I
13 had never received this letter. I do have the fax here with
14 me. It did not have any date on it, but it was faxed to me
15 on the 11th. That was Sunday night.
16 On Monday morning I was on the phone trying to
17 find a new insurance policy immediately. I bought one from
18 Nationwide that day on June 12th. After purchasing the
19 insurance, I immediately contacted PennDOT with our new
20 insurance information, but they told me that nothing could
21 be done and I would be receiving a final order of suspension
22 and the only thing left to do was appeal my case in court.
23 I understand the severity of not carrying
24 insurance, and I would never intentionally jeopardize my
25 family or the public by intentionally driving without
13
1 insurance. I have got all my paperwork here.
2 By the time I got home, that's when I found the
3 notice that said they needed the proof of the registration.
4 Of course at that time it was too late to provide any
5 information from them.
6 I continued sending my payments to Liberty Mutual
7 assuming I still had insurance. When they did not contact
8 me to tell me that I was cancelled, I, of course, continued
9 to pay. It was done through electronic transfer because I
10 was not home at that time.
11 I do have the letter that they did fax to me, and
12 I have no recollection of it whatsoever. This would have
13 been received before I would have went on vacation, so it
14 was not in the packet of chaos that I had to come home to.
15 THE COURT: And when did you go on vacation
16 again?
17 MS. RICHWINE: We left on May 13th. We left
18 on -- yes, May 13th.
19 THE COURT: May 13th. And where were these
20 vehicles while you were gone?
21 MS. RICHWINE: We took the Chrysler down to
22 Georgia with us. The Dodge Ram and the Volkswagen Passat
23 were at home in the garage. Leaving one month after my
24 insurance had been suspended, there was no -- I had no
25 notice of it whatsoever.
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THE COURT: Okay.
MS. RICHWINE: We have had several problems
with Liberty Mutual, just the expense of policy changes and
them not being -- two errors with them not being changed
correctly.
I'm not blaming this on Liberty Mutual, of course.
This is not pertaining to them, but when they said that they
sent the letter of cancellation to me and I didn't recelve
it, they didn't seem too surprised. As a matter of fact
they would just send you a fax.
THE COURT: Okay. Mr. Kabusk, do you have
any questions you wanted to ask?
CROSS-EXAMINATION
BY MR. KABUSK:
Q Was your insurance terminated on April 11th,
'06?
A That's what it says when I got my fax, yes.
Q And when did you obtain insurance coverage?
A Immediately when I found out that I no longer
had insurance, which was on June 11th, I dealt with Liberty
Mutual. June 12th I had new insurance. I made that payment
to them on April 4th, I'm sorry, on April 3rd for the
$227.00 that should have been $327.00.
Q And during that period of time, did you drive
the vehicle?
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A Scarily enough, yes, I did.
Q And what vehicle was that?
A I was driving the Chrysler Town and Country.
MR. KABUSK: No further questions.
THE COURT: Okay. Unless you have anything
else?
MS. RICHWINE: No.
THE COURT: You're welcome to step down.
We'll get a copy of that statement before we break up today.
Okay. Before we adjourn, is there anything in closing? Do
you want to make a closing argument or statement of any
kind?
MR. KABUSK: If I may direct the Court's
attention to Section 1786 of the Vehicle Code, the general
provision is that every motor vehicle of the type of car to
be registered under this title shall be covered by financial
responsibility.
Subsection D relates to suspension states the
Department shall suspend the registration of a vehicle for a
period of three months if it determines the required
financial responsibility was not secured as required.
Specifically I would direct the Court's attention
to Paragraph 3 under Subsection D which limits the Court's
scope of review in these matters to, one, was the vehicle
type required to be registered under the Vehicle Code. And,
16
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two, did the Department receive notice of the termination.
Furthermore, Your Honor, according to that section
and 1377 of the Vehicle Code, such notice is prima facie.
It is proof prima facie of the cancellation and such notice
creates a presumption that the vehicle lacked the required
financial responsibility. The presumption may be overcome
by producing clear and convincing evidence.
Furthermore, I would direct the Court's attention
to Paragraph 5 under Subsection D which specifically states
that any alleged lapse or cancellation or termination of a
policy of insurance by an insurer may be challenged -- may
only be challenged by requesting review with the insurance
commissioner.
And I would direct the Court's attention to the
recent case, fairly recent case of Fagen versus Department
of Transportation, Bureau of Motor Vehicles, at 875 Atlantic
Second 1195, which sets forth the burden, the clear and
convincing evidence standard, and most importantly that any
improper termination argument is not to be made in the
context of a vehicle registration suspension but to be taken
to the insurance commissioner for a proceeding there.
I would argue in this case it's clear that there
was a termination and that any argument regarding if it was
improperly made is not to be made here but for the insurance
commissioner.
This is a very narrow issue.
17
1 And once agaln I renew the prior motion to quash
2 the appeals in the other two vehicles that were under the
3 owner of Jamie Richwine, and that would have been for the
4 Dodge and for the Volkswagen.
5 THE COURT: Okay. Ms. Richwine, is there
6 anything else you want to say? I understand the position
7 that you and I find your testimony credible. I mean, I
8 believe you when you say that you did not get notice from
9 Liberty Mutual of the cancellation of your insurance policy.
10 As unfair as it might sound, I trust you are at
11 least understanding the argument of the Commonwealth that
12 that is not an issue that I am permitted to address in the
13 context of this appeal.
14 Now, whether that's right or not, I don't know.
15 I'll look at that. If what he says is true, then the issue
16 is not for me, and that's the way it will be. I don't know.
17 I've got to look at the statute. Anything you want to say
18 before we adjourn?
19 MS. RICHWINE: Just what he had said about
20 providing financial responsibility. In my defense, I was
21 still paying my monthly payment. Honestly if I had known I
22 did not have insurance, I would not have continued to pay
23 them $227.00 every single month. I obviously would have
24 paid it to a legitimate company that I was covered by.
25 So I do have proof of my bank statements that I
18
1 can provide for you that the payments were made, and as I
2 said the check that I did receive back from Liberty Mutual I
3 was under the understanding that it was because of policy
4 changes and didn't think anything of it. I was told I would
5 receive a check and got a check and just kept on paying.
6 THE COURT: Okay. Will you make sure that I
7 get the exhibits, please, and I'll take the matter under
8 advisement. Yes, I have your address, 902 Calvary Street,
9 Carlisle.
10 MS. RICHWINE: Right. We're actually moving
11 next Tuesday. Do you want our new address?
12 THE COURT: Yes, that would be helpful.
13 MS. RICHWINE: 121 Channel Drive, Carlisle,
14 Pennsylvania, 17013.
15 THE COURT: Okay. Thank you.
16 (Whereupon, the proceedings were concluded at
17 10:00 a.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
the same.
'&r~Mra!e~~ndl~
Official Court Reporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
~ z ~(,
Date
-#
PA DEPT OF TRANSPORTATION: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 06-3816 CIVIL
ELIZABETH J. RICHWINE,
Defendant
IN RE: REGISTRA nON SUSPENSION APPEAL
BEFORE HESS. J.
ORDER
AND NOW, this
,"
day of December, 2006, the appeal of Elizabeth J.
Richwine from the suspension of motor vehicle registration is DENIED.
BY THE COURT,
v6eorge Kabusk, Esquire
For PennDOT
~abeth J. Richwine
Pro Se
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PA DEPT OF TRANSPORTATION: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 06-3816 CIVIL
ELIZABETH J. RICHWINE,
Defendant
IN RE: REGISTRATION SUSPENSION APPEAL
BEFORE HESS. J.
OPINION AND ORDER
Petitioner, Elizabeth J. Richwine, seeks reversal of the Pennsylvania Department of
Transportation's ("PennDOT") three-month registration suspension of three family vehicles.
Ms. Richwine, proceeding pro se, received a letter from her insurance company, First Liberty
Insurance Company ("FLIC"), dated March 22, 2006, notifying her that a payment of $327.00
was due by April II, 2006. N.T. 11. On April 3, 2006, she paid only $227.00, citing a key-stoke
error. N.T. II. At the end of April, she received a refund check from FLIC in the amount of
$178.00 and made another payment in the amount of $227.00 on May 8, 2006. N.T.12. On
May 13,2006, the Richwines left Pennsylvania and did not return until June 9, 2006. N.T. 12-
13.
It was not until June 11,2006, that she became aware ofPennDOT's letter, notifying her
that due to a lapse in insurance her registration would be suspended. At that time, she also
discovered additional refund checks from FLIC. N.T. 13. Ms. Richwine claimed she never
received the FLIC letter dated April 11, 2006. A copy of the letter was faxed to her on June 11,
2006. The next day she obtained insurance from another company but was informed by
NO. 06-3816 CIVIL
PennDOT that her registration would still be suspended and her remedies were limited to filing
an appeal. N.T. 13.
At the hearing, PennDOT presented evidence of Ms. Richwine's lapse in insurance that
led to the registration suspension. The Department submitted three copies of letters from FLIC,
all dated April II, 2006, notifying the Department that insurance on Ms. Richwine's Chrysler
and Jaime Richwine's (her husband) Dodge and Volkswagen, had been terminated. N.T.5-7.
PennDOT also submitted copies of letters to the Richwines, dated May 10, 2006, noticing them
that their insurance had been cancelled and letters mailed on June 26, 2006, notifying the
Richwines that registration would be suspended for three months, effective July 31, 2006. N.T.
5-8.
DISCUSSION
A. Ms. Richwine followed the incorrect procedure for appealing three vehicle suspensions
and in accordance with Brogan v. Bureau of Driver Licensing, 643 A.2d 1126 (Pa.
Cmmw.Ct. 94), PennDOT's motion to quash should be granted.
In Brogan, the petitioner sought review of an order from the trial court quashing her
appeal for the suspension of her motor vehicle registration. 643 A.2d at 1126. Brogan was
notified of the registration suspension for two vehicles by two separate notices and subsequently
filed one appeal to the trial court. Id. On appeal, the Commonwealth Court expressly
"conclude [ d] that a party may not file a single statutory appeal from multiple suspension notices
relating to separate vehicle registrations." Id. at 1128. Notwithstanding, Brogan was still
permitted to pursue the appeal on one suspension. See id. at 1127 n.3.
The facts of the case at bar are analogous to those in Brogan. Ms. Richwine received
three separate notices from PennDOT regarding the registration suspension for three vehicles.
2
NO. 06-3816 CIVIL
Thereafter, she appealed all three notices to this Court in the form of one appeal. Although Ms.
Richwine admits this was a mistake, N.T. 4, Brogan clearly states that this practice is prohibited
and serves as grounds for the appeal to be quashed. As in Brogan, this Court is permitted to
reach the merits on the appeal of one vehicle. In this case, that one vehicle is the Chrysler
registered in Ms. Richwine's name.l
B. Ms. Richwine should have challenged the lapse of insurance coverage with the Insurance
Commissioner rather than this Court.
Section I 786(d)(5) of the Pennsylvania Motor Vehicle Financial Responsibiity Law, 75
Pa.C.S. I 786(d)(5) (2006), specifically states that "[a]n alleged lapse, cancellation or termination
of a policy of insurance by an insurer may only be challenged by requesting review by the
Insurance Commissioner. . . ." ld. In Fagan v. Bureau of Motor Vehicles, 875 A.2d 1195 (Pa.
Cmmw. Ct. 2005), the court concluded that the trial court erred when it permitted the petitioner
to raise the defense of improper policy termination in a registration suspension proceeding. Id. at
1198. In Fagan, the petitioner raised as a defense to her suspension that she was advised by an
unidentified employee of her insurance company that her policy would remain in effect. Id. at
1197. Ms. Fagan's policy was rescinded after her initial premium payment did not clear. Id.
The court determined that the trial court had exceeded its scope of review and that Ms. Fagan's
complaint would have been more properly lodged with the Insurance Commissioner. Id. 1197-
98.
At the hearing, Petitioner's testimony reflects a complaint more akin to problems with a
I The remaining vehicles are, in any event. titled in the name of Ms. Richwine's husband. She is arguably without
standing to appeal those registration suspensions.
3
NO. 06-3816 CIVIL
lapse in insurance rather than a complaint involving an improper suspension by PennDOT. Ms.
Richwine testified she had made a mistake by paying $100 less on her April 11 premium. N.T.
II. Although the payment was insufficient, she was not timely notified by her insurance
company and "assumed everything was taken care of." N.T. 11. On May 8 she made another
payment, and apparently at that time had not yet been notified that the vehicles' registration was
in jeopardy. N.T. 12. Although Ms. Richwine acted honestly in her efforts to maintain her
insurance, the dispute remains with the insurance company, not PennDOT.
C. Ms. Richwine's registration suspension appeal must be denied because she failed to
comply with 75 Pa.C.S. 1786's financial responsibility requirements and did not present
clear and convincing evidence that her vehicles remained insured during the time in
question.
Pennsylvania law requires owners to register motor vehicles with the state and maintain
financial responsibility (insurance). ~ 1786(a). IfPennDOT determines that a registrant has not
secured insurance on a vehicle, it "shall" suspend the registration for three months. ~ 1786(d)(l).
Should registrant object, he or she may seek review by this Court. ~ 1786(d)(3). On appeal, this
Court's review is specifically limited to determining whether: "(i) the vehicle is registered or of a
type that is required to be registered under this title; and (ii) there has been. .. notice to the
department of a lapse, termination or cancellation in the financial responsibility coverage as
required by law for that vehicle. . .." ~ 1786( d)(3)(i), (ii). Once PennDOT has been noticed,
there is a presumption that the vehicle lacks proper insurance and the presumption may be
overcome only if the registrant provides clear and convincing evidence that the vehicle was
insured at all relevant times. S 1786(d)(3)(ii).
4
· NO. 06-3816 CIVIL
PennDOT has presented a prima facie case for the registration suspension of Ms.
Richwine's vehicles. See Fagan, 875 A.2d at 1198. The three vehicles in question are the types
of vehicles that must be registered and maintain insurance coverage. PennDOT provided this
Court with evidence of notices from FLIC that insurance coverage for each vehicle had been
terminated. See Resp.' s Exs. I, 2, 3. Therefore, there is a presumption that the vehicles lacked
proper insurance. See ~ I 786(d)(3)(ii); see also Fagan, 875 A.2d at 1198. Ms. Richwine may
only overcome this presumption by providing clear and convincing evidence that the vehicles
were insured at all times. The record is devoid of any such evidence. To the contrary, Ms.
Richwine admits that at least one of the vehicles was operated for an extended period of time
without insurance. Though the registration suspensions in this case appear to result from an
innocent mistake, we have no alternative but to uphold them.
ORDER
AND NOW, this
I~l
day of December, 2006, the appeal of Elizabeth J.
Richwine from the suspension of motor vehicle registration is DENIED.
BY THE COURT,
George Kabusk, Esquire
For PennDOT
.AJ
Elizabeth J. Richwine
Pro Se
5