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Home My WebLink About06-4043 MONICA L. JACOBS v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. () (.,. I.{O'l3 Cu;J ,,,-,- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES REGISTRATION SUSPENSION APPEAl. AND NOW, this 18th day of July, 2006 comes Monica L. Jacobs, by her attorneys, Mancke, Wagner & Spreha, who respectfully represent 1. Your Petitioner, Monica L. Jacobs, is an adult individual residing at 885 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Petitioner is the registered owner of a 1999 Nissan, license plate EZB0805, VIN no. JN1CA21D3XT201300. 3. Your Petitioner received an official notice of regislration suspension for said vehicle dated June 19, 2006. 3. The Department of Transportation has suspended the registration for an alleged failure to have proof of financial responsibility for said vehicle. 4. Your Petitionerhad Peerless Insurance Company which coverage tenninated on or about February 20, 2006. 5. Your Petitioner changed insurance companies and secured insurance for said vehicle with Ohio Casualty Group eIfecIive the same date, February 20, 2006, and there was 110 failure to have financial responsibility for said vehicle. 6. Your Petitioner notified the Department of Transportation that she had Ohio Casualty Insurance effective February 20, 2006, however, the Department of Transportation improperly and without justification notified her that the registration was being suspended for failure to have insurtllCe after Peerless Insurance Company lenninated (see copy of Official Notice attached hereto as Exhibit A). 7. Said suspension of regil>bdtiull is illegal ;nt unjust ;nt improper for reasons which include, but are not limited to: a. there was no lapse of financial responsibility for said lJehicIe; b. there was no lapse of insurance for said vehicle that exceeded 30 days; c. no suspension is justified or authorized byS1786(d) oflhe Motor Vehicle Code as alleged in Exhibit A; ;nt d. a copy of proof of Ohio Casualty Group Insurance and the effective date of February 20, 2006 is attached here to and made a part hereof as Exhibit B. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to determine the validity of the regislJaIiun suspension outlined in Exhibit A. Dated: July 18, 2006 John B. e, Esq., 10 No. 07212 Mancke, ner & Spreha 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner VERIFICATION I hereby verify that the statements made in this document are bue and correct. I understand that false statements herein are rnade subjectlD the penallies of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 1 / rJ/() to Dale ( p$p<-' 7'~~ COMMONWEALTII OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WIDI TITLEI PROCESSING DATE TRANSACTION CODE 061639999025082 001 57685092 060612 00060 MONICA L JACOBS 885 ACRI RD MECHANICSBURG, PA 17050 OFFICIAL NOTICE MAIL DATE: 06119/00 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: NISSAN LICENSE PLATE#: EZB0805 YEAR: 1999 TITLE#: 57685092 BODY lYPE: SEDAN VIN#: JNICA21D3XT201300 This information was requested because PEERLESS INSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 04; 10;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 07124/00 at 12:01 A.M. as authorized by Section 1786( d) of the Vehicle Code. TIllS 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 unlilthe 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 P A 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 sell~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 prodlli.1s, we will send you a letter within 3 weeks conJirming that they were received. If, after 3 weeks of mailing yoor registration plate, sticker and card to the Department yoo 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 tile 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 certitied mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 ~ ! A EXHIBIT By Order of ~..;. ~ Director Bureau of Motor Vehicles Department of Tr.msportation - Information I'ennsylvania Out of State TDD Pennsylvania TDD Out of State (8:00 AM to 6:00 PM) 800-932-4600 717-412-5300 800- 228-06 7 6 717-412-5380 INSURANCE IDENTIFICATION CAllIl S~ PA CQ(tAN!' NUI.eEll ct'ICElANr 24074 Ohio Casual.ty Group OP ID JH 'l'HIS CUD !IIlS'1' D XEPf' nr 'nB IHStJBI:D VZKJ:c:r.z: AMD 1!'RI!:S!'Bl'!:D UI'OM' ~ roLJ:CY NWBU. FPW25440234 ......,..",...... 02/20/06 IZnIW!l:COI """" 08/20/06 mAR ~ vmm:::LB ml:M'rD'%OUClN' NtIeZa 1999 NISSAN Ml\XIMA JN1CA21D3XT201300 IN QSE or ACCJ:DZN'.t: lWpoZ:t a1.1. ~ts to your ~t/CaiIpaDy .. .sOOA as ~:W1.. Obtain the ,foUawiAq ~oz;mat.iOD.; AGl:NCJ'/CQG'ANY ISSumG CUD Christi Insurance Group, Inc. James He.imbecker 215-576-1250 1.. ~ aDd ac\dJ:eaa of each ckiv.r, paa.senqar and. witness. INS1JBJ!'D 2. ~ of IDsuraD.C8 CaapaDy aIId poll.cy Monica and Keith Jacobs 1ltabe2: for each vebi.ole iDvolved. 885 Acri Road Mechanicsburq PA 17050 COVENtoGE ~s MDOHJK r.u.BILrl'!' msuJtARCZ uu,.,......... BY LMf ACOItD 50 *(2/951 ~ EXHIBIT !!l ~ 6 0)/1 n20_Q~. 09:.01 _}~~~8.51~1~'l'A: '" INSURED: JACOBS.MONICA AND KEITH ADDRESS: 885 ACRI RD STATUS, PAID IN FU~L EFFECTIVE: 02/20/2006 EXPIRATION: END EFF, 02/20/2006 INTENT: RISK, PENNSYLVANIA PX: N RATE ID, 080 POINTS, FP DISC: Y PREMS, CO $ 08/20/2006 AGENT: CHRISTI INS GROUP UP~OAD MECKANICSBURG PEND CASH: $ PAYMENT PLAN, ODS LAPSE: ORIG N B: 02/20/2006 VALUED CVST DISC PRIME LIFE TOTAL NO. OF UNITS 003 TOTAL NO. OF DRIVERS 03 I}/"C RBTAI}/" DOc PA 17050 PAGE 02/03 SUl lI.;1ll!l 773.97 EXPERT QUESTIONS ENO/DOC AD&D MARKET 08 MARITAL PRINe DRIVER BIRTH DATE STATUS SEX UNIT OPER MM DD YYYY (S/M) (M/F) DRIVEN (Y)ES MO}/"ICA JACOBS 06 19 1965 iii ~ 001 Y KEITH JACOBS 04 16 1964 M M 002 y KENT WEIGLE 06 17 1985 S iii 003 Y 07/17/2005 09: 01 335585~,!14", J..t1: ~. UNIT 001 YR/MAKE 1999 NISS MAXIMA GLE SER NO/SYM JW1CA21D3XT201300/18 CLASS/PAC 811120/ .80/ .80 DOB/OCN 06/1965 RISK/LOC PA/027 RATE ID 080 LIEN TOWN/CNTY /0041 ~~o~ AGENT: CHRISTI INS 002 1996 KAZD 626 DX/LX lYVGE22C5T5512096/15 811120/ .80/ .80 04/1964 PA/027 080 PAGE 03/03 GROUP INC SU2 003 1989 FORD MUSTANG LX 1FABP41E1KF269345/13 874140/ 2.45 06/1985 PA/027 080 /0041 UNIT 001 002 003 PREMs BI 300,000 300,000 300,000 ..... . PD ..... . MED ..... . UM 300,000 300,000 300,000 ..... . UMPD ..... . UIM 300.000 300,000 300,000 ..... . UIMPD ..... . COMP 0050 0050 ..... . COLL 0500 0500 ..... . PF6..NO SAVE/EXIT PF12=PREVIOOS /0041 001 002 003 69.44 69.44 212.68 12.78 12.78 12.78 21.94 21.94 21.94 35.23 28.04 84.71 72.39 PF7=BACK PF8=FORWARD "'- ~ r :;;. ~ :.=J ll; ., "l - ." "" t v" \~ '. '" ""- 0\ c> v ~ ;,.1 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. tJ~~ 40lfJ ~ ,.......... !J JUL1920~ . MONICA L. JACOBS COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES ORDER AND NOW, thiso? /, tf(rayof S~ .2006, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on theJ:L'riaay of () ~ , 2006, at q:30 ~ in Courtroom ~ Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court, 'l~r J. Disbibution: Prothonotary's Office John B. Mancke, Esq., 2233 N. Front Street. Harrisburg, PA 17110 PA Oept. of Transportation, Office of Chief Counsel, 1101 S. Front Street, Harrisburg, PA 17104 ."" ,eJ \0 ~\' ~ \9 () q'? ..' MONICA L. JACOBS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4043 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES PRAECIPE TO WITHDRAW To the Prothonotary: I Please withdraw the above-captioned registration John B. Man e, Mancke, W er & Spreha 2233 N. Front treet, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: October 25, 2006 o ~; c' , ~ c:::::> <::r' o C? --l r-" --i -;.;" ~, -~ v ::;;:. ~ :C-n roe -otn :09 ':)0 :~...,-,\ _~4 S~~Q (sri\ , --\ :P-: ~ Cf? ~ ;-