The URL can be used to link to this page

Home My WebLink About06-6589 ABRAHAM LAW OFFICES 45 East Main Street. Hummelstown. P A 17036 (717) 566-9380 IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY. PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION : NO. Cf.. -l-sP9 ~c.,d. '-r~ v. : CNIL ACTION - LAW GAIL G. FRASSETTA Defendant : APPEAL - VEHICLE : REGISTRATION SUSPENSION APPEAL OF VEHICLE REGISTRATION SUSPENSION AND REOUEST FOR STA Y/SUPERSEDEAS OF SUSPENSION AND NOW, comes Defendant, Gail G. Frassetta, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania, and files the following: 1. Defendant, Gail G. Frassetta, is an adult individual whose current address is 329 North 1"'" Street, Camp Hill, Cwnberland County, Pennsylvania, 17011. 2. Defendant received an Official Notice (hereinafter "Notice") of a vehicle registration suspension of Defendant's vehicle, a 1993 Toyota Sedan, VIN number 4TISK12E4PU221309 (hereinafter "Vehicle") from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles (hereinafter "Department"), with a mail date of October 19, 2006. A true and correct copy of the Notice is attached hereto and made part hereof as Exhibit "A". 3. According to the Notice, on July 16,2006, the, Department was informed by First Liberty Ins. Corporation, alkJa Liberty Mutual (hereinafter "Liberty Mutual") that the insurance on the Vehicle was terminated. 4. According to the Notice, the registration of the Vehicle shall be suspended as of November 23, 2006. 5. Since on or about April 20, 2006, Defendant has been in divorce proceedings from her Husband (hereinafter "Husband") and they have been living at separate residences since before April 20, 2006; and prior to said termination of insurance coverage by Liberty Mutual, the Vehicle was insured through Liberty Mutual and was covered under the same insurance policy as the vehicle Husband was operating, which policy was to be renewed on or about June 1, 2006 for coverage from June, 2006 through June, 2007. 6. In late May, 2006, Husband provided Defendant with a Pennsylvania Financial Responsibility Card (hereinafter "insurance card") for the Vehicle, c9nfinning the June 2006 to _ June 2007 insurance coverage through Liberty Mutual, A true and cotrect copy of the insurance card is attached hereto and made part hereofas Exhibit "B". 7. Although Husband provided Defendant with the aforesaid insurance card, Wife was unaware and/or misunderstood that Husband did not pay the premium on the existing insurance coverage in order to renew the coverage from June 2006 through June, 2007; as Husband secured his own insurance coverage and the existing policy terminated due to failure to pay the premium, resulting in the Vehicle being uninsured. 8. As a result of being provided the aforesaid insurance card by Husband in late May, 2006, confirming insurance coverage from June, 2006 through June, 2007, the Vehicle was fully insured to the best of Defendant's reasonable knowledge, information and understanding for the aforesaid one (1) year time period, through June, 2007. 9. The address used by Liberty Mutual for the existing insurance policy was that of Husband, at 2911 Merion Road, Camp Hill, Pennsylvania, 17011, which is the former marital residence; and therefore any notice from Liberty Mutual regarding the cancellation of the existing insurance policy was sent to Husband's address and Wife never received notice of cancellation from Liberty Mutual. 10. At all relevant times hereto, Defendant was not aware and/or misunderstood that Husband did not pay and/or was not going to pay, the insurance premium on the existing policy and/or that the policy was terminated; and Defendant had no notice from Liberty Mutual that the existing insurance on the Vehicle was terminated; and therefore Defendant was completely unaware of the lack of insurance coverage until she received a letter from the Department on September 9, 2006, which letter was dated September 2, 2006, regarding the lack of insurance. A true and correct copy of the September 2, 2006 letter from the Department is attached hereto and made part hereof as Exhibit "C". 11. At all relevant times hereto, Defendant never terminated the Vehicle from the Liberty Mutual insurance policy in effect and never knowingly allowed it to terminate; and Defendant, upon learning of the lack of insurance on September 9,2006 when she received the Department's letter dated September 2, 2006 (Exhibit "C"), immediately contacted Liberty Mutual and secured her own insurance on the Vehicle as of September 12, 2006 under her own policy, with a coverage period from September 12, 2006 through September 12, 2007. A true and correct copy of the insurance card for Defendant's new policy, with Defendant's address; and a copy of the Vehicle registration card with Defendant's address, is attached hereto and made part hereof as Exhibit "D". 12. Defendant submits and therefore avers that Defendant did not undertake any action, nor reasonably fail to take any action, which resulted in the lack of insurance coverage for the Vehicle. 13. Defendant submits and therefore avers that as a result of Defendant's prompt and immediate action to insure the Vehicle upon receiving notice that the Vehicle was uninsured, the Vehicle was uninsured for a very nominal period of time of only a few months. 14. Since the Vehicle has been insured since September 12,2006 and is insured through September 12, 2007 (Exhibit "D"), there is no prejudice or detriment to the Commonwealth for the Court to order a stay/supersedeas of the Vehicle registration suspension scheduled to begin November 23, 2006 and to allow Defendant to operate the Vehicle pending the final disposition of the appeal. 15. In accordance with the Notice, with mail date October 19,2006, Defendant's appeal is timely filed within the thirty (30) day time period, on about November 15, 2006. WHEREFORE, Defendant, Gail G. Frassetta, respectfully requests Your Honorable Court to grant Defendant's appeal at time of hearing of the appeal; and in the interim, to enter a supersedeas to stay the vehicle registration suspension scheduled for November 23, 2006 and thereby permit Defendant to operate the Vehicle pending the fmal disposition of the appeal. ._ R/;;Z James W. Abraham, Esq. Abraham Law Offices 45 East Main Street Hummelstown, P A 11036 (111) 566-9380 Attorney for Defendant, Gail G. Frassetta DATE: lI/15/06 VERIFICATION I, Gail G. Frassetta. , the undersigned, hereby verify and confIrm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties ofl8 Pa.C.S.A. Section 4904 relating to unsworn falsifIcation to authorities. I))lTE: 11/13/06 COMMONWEALTII OF PENNSYLVANIA DEP ARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us IIIIDI TITLEI PROCESSING DATE TRANSACTION CODE 062859999007392 001 46176830 061012 00060 GAIL G FRASSETTA 329 N 17TH ST APT A CAMP HILL, PA 17011 omCIAL NOTICE G- DATE: 1./l9/~ Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: TOYOTA LICENSE PLATE#: EBK8823 YEAR: 1993 TITLE#: 46176830 BODY lYPE: SEDAN VIN#: 4TISKl2E4PU221309 This information was requested because FIRST LIBERTY INS CORPORATION notified us that the insurance policy covering the vehicle listed above was terminated on 07/16/06. 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 11/23/06 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 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: ~ _~~ 1J.n...v,.....n..pt, ftr :rr:.~~.,f.iAn Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 .. _....~~"'''''='"'-<==~~~'''''''~- ,€~ ... A t/ - By Order of ~~ - Director Bureau of Motor Vehicles Department of Transportation . Information Pennsylvania Out of State TDO Pennsylvania TDD Out of State (8:00 AM to 6:00 PM) 800-932-4600 717-412-5300 800-228-0676 717-412-5380 PENNSYLVANIA FINANCIAL RESPONSIBILITY CARD Address. of &ales. o1!ice' '*- Liberty, t?' Mutucil. PO BOX 970 MISHAWAKA IN 4%46 PHONE: 900.225.8295 CIAIIo1S PHONE: 800.225.2467 ROADSIDE ASSISTANCE: '-800.426-9999 COMPANY CODE NUMBER NAIC NUMBER THE FIRST LIBERTY INSURANCE CORPORATION 33588 An authorized pennsylvania insurer has issued an Owners policy of Liability Insurance under The Pennsylvania Financial Responsibility Law. POLICY NUMBER A06-288-056756-70 6 CARD EFFECTIVE DATE 06/01/06 Applicable ..,tn respect 10 lhe following vehicle: 1993 TOYO CAMRY YEAR MAKE MODEL NOT VALID MORE THAN 1 POLICY EFFECTIVE DATE _9Y01/06 CARD EXPIRATION DATE 12/01/06 NaT18 and address 01 office issuing this. card: LI BERTY MUTUAL GROUP 2875 BROWNS BRIDGE ROAD PO BOX 2376 GAINESVILLE GA 30503 POLICY EXPIRATION DATE 06/01/07 ] 4T1SK12E4PU221309 VEHICLE IDENTIRCATION NUMBER YEAR FROM POLICY EFFECTIVE DATE AUTO 1998 R3 SEE IMPORTANT MESSAGE ON REVERSE SIDE ,,~'__'_______"__ ,,_.v_._._.______>__..~.._"~.. ".._--,,-- ..,,~,--- / ~.; 8~ - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID. TITLEt PROCESSING DATE TRANSACTION CODE Db2~5'~"D03510 001 4b17b830 Obo'mc 00030 GAIL G FRASSETTA 329 N 17TH ST APT A CAMP HILL, PA 17011 CMAIL DATE: September 02, 2000 Dear Customer: \Verecentlyreceived informatio-n--fromyourinsurance compat'!y abouta-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 yot:r new coverage with this letter. Please take the time to read this letter carefully and provide us with the needed informatior-. 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: FIRST LIBERTY INS CORPORATION POLICY NUMBER: DATE INSURANCE WAS CANCELLED: 07/16/06 Vehicle Information MAKE: TOYO YEAR: 1993 BODY TYPE: SEDAN LICENSE PLATE NUMBER: EBK8S23 TInE: 46176830 VIN: 4TISKl2E4PU221309 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 .\ 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 wJthin three insurance Cilll'ipany-for1he------ insurance:- Please see- -------- -vteek~aecep-ting 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 DEFORE OR ON on irourance company letterhead, week:! a""cpting your ur.dated THE SAME DA Y 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. . " ~". C - E~T COUNTY: C~ERLAMD INSPECTION REQUIRED/DIESEL VEHICLES EX GAIL G FRASSETTA 329 N 17TH ST APT A CAMP HILL PA 17011 \. t www.state.pa.us Pa Keyword "DMV" e your address on me a : - ~CIAL RESPONSIBILITY CARD ~ Libertx tP Mutual. PENNSYLVANIA FINANCIAL RESPONSIBILITY CARD Address of Office IssuiOl! Card: 5021 Louise Dr . Mechanicsburg Pa 17055 PHONE: 1- 2 -9898 CLAIMS P 800-225-2467 CaMP NUMBER NAIC NUMBER THE FIR INS RANCE CORPORATION 33588 An autho1;. surerl iss.a Owners policy of Liability I s ani,.-' . 1 . .. NAME OF IN .,,;f( I ~ Libertx tP Mutual. 00-426-9898 ~67 [1 SK12E4PU221309 Ie Identification Number THAN I YEAR FROM POLICY EFFECTIVE DATE MPORTANT NOTICE ON REVERSE SIDE P 03/12/07 1993 TOYO 4TlSK12E4PU221309 Year & Make Vehicle Identification Number NOT VALID MORE THAN I YEAR FROM POLICY EFFECTIVE DATE AUT0I998 R3 SEE IMPORTANT NOTICE ON REVERSE SIDE ~}(..b" - CERTIFICATE OF SERVICE I, James W. Abraham. Esquire. the undersigned. hereby certifY that I have served a true and correct, date-stamped copy of the foregoing document by certified mail upon the following at the following address: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street - 3rd Floor Harrisburg. PA 17104-2516 DATE: 11/15/06 James W. Abraham. Esquire ~ 0 .tq (~l t'"., ..~::-:'J () , .--- {.,., r:,'-', ., ~ ^ .~ .' :::l \l:- , " ...,;:t:. i"; ~- g G'-' ....... .... (g ~ J- -.c::: _.i~ '" ~ ~ L; .. 1',' ~ , U' ~ "-.:..- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GAIL G. FRASSETT A NO. 06-6589 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2006, upon consideration of Defendant's Appeal of Vehicle Registration Suspension and Request for Stay/Supersedeas of Suspension, a hearing is scheduled for Monday, March 6, 2007, at 10:45 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, George H. Kabusk, Esq. Assistant Counsel Department of Transportation Motor Vehicle & Traffic Safety Division Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 .~ ~ /1_ .J02~O(, 8 L~ James W. Abraham, Esq. 45 East Main Street Hummelstown, P A 17036 Attorney for Defendant :rc kJJ LfJ:!l l,l\1 ZZ F. 900l 3Hl .:10 3C:l:I{}{JTII:l COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION v GAIL G. FRASSETTA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6589 CIVIL TERM IN RE: RECORD CLOSED ORDER OF COURT AND NOW, this 5th day of March, 2007, upon consideration of the Appeal of Vehicle Registration Suspension and Request for Stay/Supersedeas of Suspension, and following a under advisement. hearing, the record is declared closed, and the matter is taken ~orge H. Kabusk, Esquire Assistant Counsel Department of Transportation Motor Vehicle & Traffic Safety Division Third Floor, Riverfront Office 1101 South Front Street Harrisburg, PA 17104-2516 For Commonwealth of Pennsylvania Department of Transportation ~mes w. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 For Gail G. Frassetta :mae By the Court, ~ >. cr :< .--- UJ h--'~ 0.';:: :~~ ,.~. ~.1-= ;:c 1:( (::~ F;-:& -! a:W~ ~ LL o er- a ~ c;, :?~ ..,,- a:: lD I ct: ~<::: ::c r-- =, =s 2e 0 COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTA TION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GAIL G. FRASSETTA NO. 06-6589 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of March, 2007, upon consideration of the Defendant's Appeal of Vehicle Registration Suspension and Request for Stay/Supersedeas of Suspension filed on behalf of Gail G. Frassetta, and following a hearing held on March 5, 2007, the appeal is denied and the action of the Department of Transportation, noticed by a mailing dated October 19, 2006, suspending the registration on Appellant's 1993 Toyota, License Plate #EBK8823, VIN #4TISKI2E4PU221309, Title #46176830, for a period of three months is affirmed. BY THE COURT, ~orge H. Kabusk, Esq. Assistant Counsel Department of Transportation Motor Vehicle & Traffic Safety Division Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 limes W. Abraham, Esq. ~5' East Main Street Hummelstown, P A 17036 Attorney for Defendant ,/ :rc 77 :7 tp L- \)'dhl Lfi1)l \_-'V v ~.a Ci';iI~ 1.,,1U ::10