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Home My WebLink About06-5692 CASSANDARA SEIFERT Appellant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. COMMONWEALTH OF P A DEPT. OF TRANSPORTATION Respondent : CIVIL DIVISION LA W : PENNDOT SUSPENSION : No. () ~, S ~ 91. CNd tu-"" APPEAL OF REGISTRATION SUSPENSION AND NOW, comes Cassandra Seifert, (hereinafter "Appellant") by and through her pro-bono attorney, John 1. Mangan, Esquire, and in support of her Appeal of her registration suspension avers as follows: 1. Appellant received a final order of suspension of her registration for her vehicle that was allegedly mailed on 9/25/06. A true and correct copy of the official notice is attached hereto as Exhibit "A". 2. Appellant had insurance for her vehicle through Leader Preferred Insurance Co. and her policy was No. 137144798460001. 3. Leader Preferred Insurance Co. notified PennDOT that their company was cancelling the policy on 8/13/06. PennDOT in turn notified Appellant on 9/01/06. A true and correct copy of said cancellation notice from PennDOT is attached hereto as Exhibit "B". 4. Appellant avers that Leader Preferred Insurance Co. informed her that she was a "high risk policy holder" due to 2 at-fault accidents, one no-fault accident and one speeding ticket. 5. As a result of Appellant being designated "high risk", her premium payments were extremely high and Leader Preferred Insurance Co. decided to cancel their policy. 6. Appellant avers that the information relied upon by Leader Preferred Insurance Co. to designate her as "high risk" was erroneous and that Appellant has one no fault accident and one speeding ticket. 7. Appellant has had one speeding ticket and one no fault accident. A true and correct certified copy of her driving record is attached hereto as Exhibit "C". 8. Appellant has procured insurance on her vehicle through Bristol West Insurance Group with an effective date of 9/13/06. A true and correct copy is attached hereto as Exhibit" D". 9. Appellant attempted to procure insurance before the thirty day notice of cancellation, but due to administrative issues, was not able to do so until the 31 st day. 10. Appellant has a six year old daughter whom has had a heart transplant and requires constant medical attention in Pittsburgh, Harrisburg and Hershey, P A. 11. Said medical attention requires Appellant to travel with her vehicle to the medical appointments. 12. Appellant avers that she needs to drive her daughter to her medical appointments and that her insurance coverage never should have been cancelled to begin with. 13. Appellant avers that given the totality of the circumstances that she was one day past a deadline that never should have been in place due to her alleged "high risk" designation, she should not have been cancelled on her policy with Leader Preferred Insurance Co. 14. Moreover, Appellant avers that she timely contacted and procured insurance through an alternate insurance company; but through administrative delays, her policy did not come into effect until 9/13/06, one day after PennDOT required her to supply its agency of insurance coverage for appellant. WHEREFORE, Appellant respectfully requests that this Honorable court grant her appeal and overturn PennDOT's suspension of the registration of her vehicle. Date: 9/28! IT(; Re~~ec~ubmitted' Jo J. an~ 57 e Po~:t~~~et / Carlisle, P A 17013 717-241-2446 Attorney I.D. No 87000 COMMONWEALTH OF })ENNSYLV ANIA DEP ARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WI]). TITLEt PROCESSING DATE TRANSACTION CODE 062619999058529 001 57454081 060918 00470 CASSANDRA M SEIfERT 38 HAZEL CIR MECHANICSBURG, PA 17050 OFFICIAL NOTICE MAIL DATE: 09/25/06 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: FORD LICENSE PLATE#: FPZl278 YEAR: 2002 TITLE#: 57454081 BODY TYPE: SEDAN VIN#: 1 F AHP53 U32A205289 This information was requested because LEADER PREFERRED INSURANCE CO notified us that the insurance policy covering the vehicle listed above was terminated on 08/13/06. 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 10/30/06 at 12:01 A.M. as authorized by Section l786(d) of the Vehicle Code. THIS 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 Departrnent 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(JO) 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: I)ennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, }> A 17104-2516 Ex It COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WIDt TITLEt PROCESSING DATE TRANSACTION CODE 062449999057599 001 57454081 060901 00030 CASSANDRA M SEIFERT 38 HAZEL CIR MECHANICSBURG, PA 17050 MAIL DATE: September 01, 2006 Dear Customer: We recently received information from your insurance company about a .cancellation of your automobile insurance. We realize you may have only changed companies; however, insurance companies are only required to notify us of a cancellation of insurance but not when they add you as a customer. Therefore, we need to verify your new coverage with this letter. Please take the time to read this letter carefully and provide us with the needed information. Failure to respond to this letter within three weeks may result in a suspension of your vehicle registration. The insurance company who notified us of the cancellation and the vehicle affected are listed below. Insurance Information INSURANCE co: LEADER PREFERRED INSURANCE CO POLICY NUMBER: 137144798460001 DATE INSURANCE WAS CANCELLED: 08/13/06 Vehicle Information MAKE: FORD YEAR: 2002 BODY TYPE: SEDAN LICENSE PLATE NUMBER: FPZ1278 TInE: 57454081 VIN: 1FAHPS3U32A20S289 IF YOU NO LONGER OWN OR LEASE THIS VEHICLE, SKIP PART A AND GO DIRECTLY TO PART B. IF YOU STILL OWN OR LEASE THE VEHICLE LISTED ABOVE, please review PART A and submit the requested documentation in the enclosed envelope. PART A. If you... Then please... And PennDOT will... Obtained insurance with a new Send PennDOT proof of new Send you a letter within three insurance company for the insurance. Please see weeks accepting your updated above vehicle BEFORE OR "Acceptable Proof of Insurance" insurance information. ON THE SAME DAY your on the next page. previous policy was cancelled. Continued insurance with the Send PennDOT a signed letter, Send you a letter within three same company BEFORE OR ON on insurance company letterhead, weeks accepting your updated THE SAME DAY your policy from either the insurance insurance information. was cancelled. company's headquarters or your agent, stating the date your policy resumed active coverage. The letter must include the policy number, policy effective and expiration dates, NAIC number and Vehicle Identification Number. fx/3 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 09/21/06 CASSANDRA SEIFERT 38 HAZEL CIR MECHANICSBURG PA 17050 062646098177630 001 t=x, C PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY SEP 21 2006 DRIVER: CASSANDRA MARIE SEIFERT 38 HAZEL CIR MECHANICSBURG, PA 17050 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 27754521 FEB 24 1987 FEMALE REG LIC/ID DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS : LICENSE ISSUE DATE: LICENSE EXPIRES ORIG ISSUE DATE MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS C MAY 06 2004 FEB 25 2008 MAR 02 2004 1 CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS CDL RESTRICTIONS CDL LEARNER PERMITS: CDL LICENSE STATUS NONE NONE VALID SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED PL LICENSE EXPIRES : PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - SEP 21 2006 - LICENSE NUMBER 27754521 CONTINUED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CONVICTION DATE: ACTION: JUN 23 2005 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 088 MPH IN A 065 MPH ZONE JUL 07 2005 ASSIGNED POINTS VIOLATION DATE: VIOLATION: DESCRIPTION: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - . - - - . - - - - - - - - - - - - - - - - - - - - - - - - NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - . - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL I S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: LOCATION: VEHICLE TYPE: NOV 11 2005 WESTMORELAND PASSENGER *** END OF RECORD *** PAGE 3 CERTIFIED DRIVING HISTORY - SEP 21 2006 - LICENSE NUMBER 27754521 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~ 1;),.el/lrJ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:SEP 21 2006 I HEREBY CERTIFY THAT JANET L. DOLAN, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. S INCEREL Y , ~/J.~ SECRETARY OF TRANSPORTATION SEAL - .. .~ BRISTOL WEST .. · INSURANCE GROUP - Underwritten by BRISTOL WEST INSURANCE COMPANY PAYMENT SCHEDULE *** Please Keep for Future Reference *** Named Insured: CASSANDRA SEIFERT 38 HAZEL CmCLE MECHANICSBURG PA 17050 A-AFFORDABLE AUTO INS INC 53 N. BAILEY RD mORNDALE PA 19372 Telephone: 610-380-8088 Policy Number Effective Date Expiration Date Issue Date GOO 139168600 09/13/06 09/13/07 09/13/06 Dear CASSANDRA SEIFERT The payment plan you selected conveniently deducts your monthly payment from your financial institution. Listed below are the due dates and amounts of your future payments. Since we do not send out notifications each month, please retain this document for future reference. liiStiiiliiieiit::::::'::::::::::'::::::::::::::;::'::i:::::::::::.:::::::X::X::::::::::'::::':::::::::::::::::::::::::'::::::::::"i::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::X::X'::::::::X::/::::::::/::::::/::::::::::::::::::::::::::::::::::::::::::/:::::'::::::::::::::://::/ :::::::ff.#.~l#f:::::::::::::::::::::::::::::::::::::~~~::P.4#.(t:::::::::::::::::::::::::::::::::::::::::::JJ~t:~~::~~~~~:::t~~:::::::::::::::::r.~)':~~t~~~~~::::::::::::}::::::: 02 10/13106 $194.19 Automatic 03 11/13/06 $194.16 Automatic 04 12/13/06 $194.16 Automatic 05 01/13/07 $194.16 Automatic 06 02/13/07 $194.16 Automatic 07 03/13/07 $194.16 Automatic 08 04/13/07 $194.16 Automatic 09 05/13/07 $194.16 Automatic 10 06/13/07 $194.16 Automatic 1 I 07/13/07 $194.16 Automatic 12 08/13/07 $194.21 Automatic * Funds will be debited from your bank account the next day, unless delayed due to bank hours of operation. The debit will appear on your bank statement as "BRISTOL WEST INS". Please be sure there are sufficient funds in your account. ** The payment amount for each installment includes an EFt installment fee of $5.00. If your outstanding policy balance is paid in full prior to the next payment due date, no EFf installment fees will be charged for the remainder of the policy term. If your financial institution does not honor your payment, a $20.00 NSF fee will be charged. If you have any questions, or wish to discontinue this payment method, please visit our web site at www.bristolwest.com or if you prefer, you can contact your producer at 610-380-8088 or Bristol West Insurance directly during business hours at 1-888-888-0080. In the event you decide to terminate this payment method, you must advise the Company at least 3 business days prior to the installment due date. Sincerely, Bristol West Insurance Group E)(. () Thank you for doing business with Bristol West. Revised 06 2006 For questions on your policy, please call: 1-888-888-0080 To report a claim, please call: 1-800-BRISTOL (1-800-274-7865) Por favor vea el dorso para la informaci6n en Espaiiol Verification I, John J. Mangan, hereby verify that the facts contained within this Appeal are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. - J angan A rney for Appellant Cassandra Seifert CERTIFICATE OF SERVICE ~ I, John J. Mangan, do hereby certify that on this 2ff day of September, 2006 I caused a true and correct copy of the Appeal of registration suspension to be served upon the following persons by u.S. mail: Pennsylvania Department of Transportation Office of Chief Counsel 1101 S. Front Street- Third Floor Harrisburg, PA 17104-2516 ~(', ~ ~(> \)oJ ~ ~ ~ ~ ~ ~ ')\- ~ ~ ~ ~ q ~,,;. ,..., c::> ~ en L~; \.> o -n ~ ~:n , r --nm ~r.jO c~(':') ".'T~ :~'i ,) ;-') :'rn ~.::?, f:? (Jl ~ 1',) CO -:J F" ... f) -'Y CASSANDARA SEIFERT Appellant : IN THE COURT OF COMMON PLEABCT 0 3 200qAf' : OF CUMBERLAND COUNTY, f' : PENNSYLVANIA v. COMMONWEALTH OF PA DEPT. OF TRANSPORTATION Respondent : CIVIL DIVISION LA W : PENNDOT SUSPENSION ; No. (j ~ - 6~ q ~ chIll +e.r~ ORDER OF COURT AND NOW, this ~ day of 0 l.- t . ' 2006, it is herby ORDERED and ~o7 DECREED that a hearing shall be held on the lo7>'{ day of ?.IA.- , 2OG6- at /0; 36 ~m in Courtroom numberU to hear the appeal of Appellant Cassandra Seifert regarding the suspension of her registration of her vehicle. ~ ~\.) ~ ---l e;J lttt /-1 q UTa 11- Ie 11 I't '7 'II Ve{"I. .\4, lJeprl-, e:rf!- Trdt15/'crf4-1-..Y'1.. 6~:! Hd 9-1J09D02 Ab'\tlo'';Cc !.i.CUd 3Hl .:10 38U:;O-GTJU l ~ CASSANDRA SEIFERT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 2006-5692 CIVIL TERM IN RE: APPEAL OF REGISTRATION SUSPENSION ORDER OF COURT AND NOW, this 12th day of February, 2007, upon consideration of Petitioner's Appeal of Registration Suspension, and pursuant to an agreement reached between counsel for the petitioner in the person of John J. Mangan, Esquire, and counsel for the Commonwealth of Pennsylvania, Department of Transportation, Beverly J. Points, Esquire, the hearing In this matter is continued until Thursday, May 17, 2007, at 10:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. The reason for this continuance, which was requested by the Petitioner, is that the Petitioner did not appear for the hearing on today's date. Pursuant to a further agreement of counsel, no further continuances will be granted on behalf of the Petitioner. By the Court, .;r 1E U' ':a::. .0 \-::::: - ~~ !: "e/~'~ ~ ~~ 'b c-) - ~ ...,... ~ ~ ~ ?~ ~1 ="Y ~:.) :a: :j~ -:i.~ \!~m ;j)'& ~ 2 D -- \ ~ Beverly J. Points, Esquire Vehicle & Traffic Law Division Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 For Commonwealth of PA Department of Transportation John J. Mangan, Esquire 57 West Pomfret Street Carlisle, PA 17013 For Petitioner ~~ :mae .;2. ):2-4) C)- () CASSANDRA SEIFERT, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : PENNDOT SUSPENSION COMMONWEALTH OF PA DEPT. OF TRANSPORTATION : NO. 06-5692 CIVIL TERM Respondent PRAECIPE TO WITHDRAW APPEAL OF REGISTRATION SUSPENSION TO THE PROTHONOTARY: Please withdraw the above captioned matter on behalf of the Appellant. Respectfully submitted, BAYLEY & MANGAN Date: 2/;7/07 r . angan, E 57 . Pomfret St. Carlisle, P A 1701 (717) 241-24460 Supreme Court I.D. # 87000 Attorney for Appellant CASSANDRA SEIFERT, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : PENNDOT SUSPENSION COMMONWEALTH OF PA DEPT. OF TRANSPORTATION Respondent : NO. 06-5692 CIVIL TERM CERTIFICATE OF SERVICE I, John J. Mangan, III, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Praecipe to Withdraw Appeal of Registration Suspension upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George H. Kabusk, Esquire PennDOT - Office of Chief Counsel Riverfront Office Center 1101 South Front S1., 3rd Floor Harrisburg, PA 17104-2516 The Honorable J. Wesley Oler, Jr. Cumberland Co. Courthouse One Courthouse Square Carlisle, P A 17013 Dated: ~/J7 (07 ----------- (') ,..", 0 <==> c: <= .." <' -..I -qcr1 ." :t! rr,fj , rrl rn~ :;~. ~J~ ~ CO zr ~~ ~~:;~ 0'\ r::::: :-2 -r; 0;___ -0 '"'r:-:. '.., ; --n 2: \...! ::s:: "':>0 j:; C) 2m .c - 9 3 .. ~ &'" .... \D CASSANDRA SEIFERT, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 06-5692 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2007, upon consideration of the Praecipe To Withdraw Appeal of Registration Suspension, filed in the above matter on February 16, 2007, the hearing scheduled for May 17, 2007, is cancelled. BY THE COURT, An J. Mangan, Esq. 57 West Pomfret Street Carlisle, P A 17013 Attorney for Appellant ~rge Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc \:J~N'J^l'\SNN3d lJj t.'i{""', '. nll....O'Alr'V'\ I \d !-...l,i " i- L'>..~_r-'''''f tv 92 :9 WV 12 83j LOOZ ^H~lOt';OHJ.Odd 3H1 :i0 j~)1:UO-o31l:1