HomeMy WebLinkAbout02-2511L.~,~. ~f-t '~ ~¢,cA~ot, Appellant
VS.
Commonwealth of Pennsylvania
Department of Transportatian
Appellee
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
PETITION FOR APPEAL FRO~F OPERATIN~ PRIVI~GE /
DENIAL OF DRIVER'S LICENSE / S~PENSION OF MOTOR VEHICLE REGISTRATION~
1. Appellant herein is LPP_ Ann 5~t¢'to.4(h,'~ll
f (J -
residing at and having a meiling address o: Icj ~-)c~o. rtxlOo~J
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai lng address of:
Departmei~t of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
v"~Departme.~t of Transportation, Bureau of Motor Vehicles, Harrisburg,
Pennsylvania 17123.
3. By letter or notice dated ,~- ~- 0 "L , a copy of which is attached
hereto as Exhibit A, the De.}artment of Transportation
/ordered Appellant to surrender his / her operating license / motor vehicle
registration for a period of '~ ~ OC~ ~
denied the issuance / renewal of a driver's license.
4. Supersedeas:
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii, Appellant is retainin.~ driver's
licen,,.e 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
Apl~e,lant must be held before the Court of Common Pleas before an order of
supe:sedeas can be issued.
""~'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 / regis'.:ration is
impr~ per or unlawful for the following reasons:
Appellant respectfully requests that this matter be set down for a hearin0 and that
the c:'der 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
unde'stand that false statements herein are made subject to the penalties of 18
Pa.C S.A. § 4904, relating to unsworn falsification to authorities.
- ' ~' /- ~ /"----..---'/Appellant
-3-
LEEANN N SGRIGNOLI
19 SHERNOOD CR
ENOLA, PA 17025
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
OFFICIAL NOTICE
MAIL DATE: 05/04/02
Information (7:00 AM to 9:00 PM)
Pennsylvania 800-932-4600
Out of State 717-391-6190
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: PONTIAC, BODY TYPI~ COUPE,
VIN NO: IG2WJI4T4KF318399, TITLE: 42250626, TAG NO: DAX0534. This information was requested as a
result of this Bureau being notified by PROGRESSIVE HALCYON INS CO that the insurance policy covering the
vehicle was terminated on 02/16[02. Either no response was received or the information you provided indicated a
lapse of coverage which was not permitted under Section 1786 of the Vehicle Code.
As a result, the vehicle registration privilege will be suspended for three mouths effective 06~08~02 at 12:01 A.M. as
authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtain
reconsideration of this order by submitting a copy of your insurance identification card, the declaration page of your
insurance 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, you must provide this Bureau with proof of insurance indicating an effective date of coverage of
less than 31 days from 02/16]02, and also provide a notarized affidavit stating that your vehicle was not operated
during this time. It is necessary for you 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 suspension and unless yon receive notice from this Department that
reconsideration was granted, you will be required to return your current registration plate, sticker and card.
Additionally, credit toward serving the suspension will not begin until the registration plate is received by the Bureau.
You will be required to pay a restoration fee in the amount of $50.00, to the Department in accordance with Section
1960 of the Vehicle Code. Please sec 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 (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal will stay the
Department's action pending a final decision by the court. The copy must be sent by certified mail to:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD
FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516.
Z ' 12' 0D2
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
APPEL[~q~ :
V : NO.
COMMO~EALTH OF PE~SYLVANIA
PE~SYLVAN~ DEP~TMENT OF
T~SPORTATION B~AU OF
DR~ER LICENS~G
ORDER OF COURT
AND NOW, this~q~ day of '~ ~
shall be held on/q-~Jday of (~z~/~a~3
at the Cumberland County Courthouse.
,20o__~, based upon Appellant's Appeal, a hearing
,20o;1, in Courtroom 7 at c?; 30 o'clockct .m.
LEE ANN SGRIGNOLI,
Appellant
V
COMMONWEALTH OF PA.
PENNSYLVANIA DEPARTMENT
IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, pENNSYLVANIA
:
: CIVIL ACTION - LAW
:
· NO. 02-2511 CIVIL TERM
OF TRANSPORTATION :
BUREAU OF DRIVER LICENSING:
IN RE: APPEAL DISMISSED
ORDER OF COURT
AND NOW, this 19th day of August, 2002, this matter
having been called for hearing, the appeal of Lee Ann Sgrignoli
is dismissed.
By the Court,
/Timothy J. Prendergast
Certified Legal Intern
Office of Chief Counsel
Pennsylvania Department of Transportation
/Lee Ann Sgrignoli
19 Sherwood Circle
Enola, PA 17025
Kevin~A. Hess, J,
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