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Home My WebLink About06-7265 FRANK SAPHORE v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: () r... - 7 2~.) COMMONWEALTH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : REGISTRATION SUSPENSION APPEAL PETITION FOR LEAVE TO APPEAL FROM SUSPENSION REGISTRATION AND REQUEST FOR SUPERSEDEAS AND NOW comes the Appellant, Frank Saphore, by and through his attorney, Michael J. Whare, Esquire, and respectfully avers the following: 1. Appellant resides at 1329 Church Street, Carlisle, Pennsylvania. 2. Appellant received Notice dated November 22,2006, stating that as a result of his alleged violation of Section 1786( d) of the Vehicle Code his registration was being suspended for a period of ninety (90) days, effective December 27,2006, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Suspension is improper in that (a) Defendant provided proof of insurance to Penn Dot on November 28, 2006. Attached as Exhibit "B". 4. A Supersedeas is appropriate in this matter if and until these issues can be resolved, especially given the high likelihood of success by Appellant/Petitioner. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code, for the just reasons stated above. Respectfully submitted, ;l!j~i "-- A 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Petitioner Date: /;) -,) tv - 0 lo FRANK SAPHORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION NO: COMMONWEAL TH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : REGISTRATION SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Notice of Appeal and Requestfor Supersedes upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Date: 1.1_ ~ G -C'J '" Respectfully submitted, ROMINGER & WHARE #/--. /'f ij7 L ./l Michael J. Whare., ESctuire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEP ARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, P A 17106-8674 W'WW ,dmv ,state.pa.us 11I1]). TITLE. PROCESSING ])ATE TRANSACTION CO])E 063199901000220 001 63398796 061115 23300 fRANK L SAPHORE 1329 CHURCH ST CARLISLE, PA 17013 omCIAL NOTICE MAIL DATE: 11/22/06 Dear Customer: - Th~ Department has determined that the fmancial responsibility you provided us at the time you renewed your vehicle registration on 12/14/05, has changed or was inaccurate. We were notified by PROPERTY & CAS INS CO OF HARTFORD that the following vehicle was not covered by their company: MAKE: SATURN LICENSE PLA TE#: FN3748 YEAR: 2006 BODY lYPE: STATION WAGON TITLE#: 63398796 VIN#: 5GZCZ53466S896301 As a result, the registration for the vehicle listed above will be suspended for three months effective 12/27/06 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 lettcl' withi.., 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: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 ~ PETITIONER'S ~ EXHIBIT ~ Ii ~ ~ . 12/13/2005 12:17 7177951118 PAGE 01 717 .23~-BOOF. r;'lx 717-23A-9617 717..786.1'111 Fax 7';. 7ge-9:!Afl Satum Of State College 1607 AthertOl1 Straat Corro~.pond To: 169 W. ^aron Olive State ColleQO. j:>A 16803 814-867 -~ 4"4 Fax e'14-667-9920 717.560-57'77 Fax 717-560.91:170 Saturn Of York p,O, Sox 3158 951 Nnl'lh Hilla Rond York, PIIl7 402 717.757 -3383 Fax 717.751.0009 Saturn of Carlisle Pike 651 5 CarllrJe Pike MI>.r.hanlcaburrJ, PA ~ 7050 Satlolrn of Harrisburg 130'1 P:mon Slrget H<lrri>;burg, PA 17104 Saturn of Lancaster 15.'30 Manlll!lim Pike UlnCi)F.Ter. PA 17601 www.sutliffauto.com i..OJ.. i To Whom It May Concern: I . '.... ~rank Saphore purchased a 2006 Saturn VUE vin Sgzcz53466s896301 on 6/19/6, At that '. .' ,_ time Mr. Saphore had Harford Ins, thtu AARP, per our nonnal procedures we called Hartford prior to delivery to confirm coverage and to convey any inform.ation needed for them to change his coverage from the 04 L30Q.3 to his new 2006 VUE. ?60- :J. 1 b ~ 65 ,/0 f)/lJ Y - ~}/J) r-~ PETITIONER'S ~ EXHIBIT ! 13 < I ~ Operating Units of Sutliff Saturn, Inc. · 802 $. 16th street, Hanisburg. PA 17104. (717) 920-5557 F II f... - '& 71- q () S - 1 (/ I -(C; ,. IJ A- ) , CONFIRMATION OF ACCIDENTAL PHYSICAL DAMAGE INSURANCE To provide protection against serious financial loss should an accident or damage occur, I understand that my instalment contract requires that the vehicle be continuously covered with insurance against the risks of fire, theft and collision. Accordingly, I have arranged for the required insurance through the insurance company shown below and have requested that the policy contain a loss payable endorsement in favor of the holder of my contract located at: P.O. Box 5378 Timonium, MD 21094-5378 BR# :FIRSl; MIDDLE LAST GMAC ACCOUNT NUMBER NAMED INSURED: ADDRESS NU!'l5.ER"';; CITY "STREET ZIp, COPE TEL. NO. DRIVERS ~ICENS~II>, MIDDLE LAST NUMBER< 'STREET" CITY', STATE ; ZIP CODE ADDRESS TEL. NO. VEHICLE INSURED: - IIEHIQLEIOENTIFICATION NUMBER " VEHICLE USE: 0 Private Passenger, 0 Commercial Auto and Trailer STATE ZIP CODE INSURANCE CARRIER NAME POLICY NUMBER DATE THIS VEHICLE COVERED INSURANCE AGENT NAME MAILING ADDRESS CITY AGENTS TELEPHONE NUMBER AGENTS COMMENT 1 ,)-,>,) - ,I, " FROM: TO: ~, '. -' .j', ". COVERAGE o Collision $:' Deductible Type: 0 BROAD FORM OR STANDARD 7[ 0 LIMITED (NOT ACCEP'I'ABLE) o Comprehensive $ Deductible o Fir,e.J~ft . " _ NAMED INSURE~ SIGNS'" ' DATE 4 Vk~v1 e- C-utL ~~- rvtA:d1e.- t;>-1 6<;' o...~t ()6-I9'-EJ!a -1-0 /161zy ,~-L-~S ol!- Okf-- c-h1-!1~__: 'l i/dt,' <U,? ~L ~Ib~ ~ Q'I/l~'S- ~JU<;'/1 C)~ u...P_L,L-l.- ,?,tkL c..u ~> GMAC 28BG B/2004 (1) Copyright 2001. General Motors Acceptance Corporation. All Rights Reserved. ":il.... '::~':~ .!.1/28/2~'C6 10:39 Aj'l fRot~i: :21:.. ~'C': 9-1-"7':-:S8-a79~ ?A:;i:;: OJ:" ;JY Or)2 / .r' MRP Automobile 11' ')1' Insurance ~ ~ ~gram THE ~ ~. lLunI:OlU> November 28, 2006 DOT-Insurance Verification Unit P.O. Box 68674 Harrisburg, PA 17106-8674 Attention: Director of Driver Licensing RE: Policy Number: 55PHJ674993 Insured's Name: Francis Saphore PA DMV Case/Title Number: Title # 63398796 This is a binder letter to confirm that Francis Saphore has automobile insurance through the AARP Auto Insurance Program from The Hartford. Coverage and limits meet the mandatory requirements of the rating state. I//A- VIN #: 1G8JL54R34Y503900 J _ .sGZ..Cz.s3L./~~S~1~30/ ~:3~.J/fc:' Year, Make and Model: '04 Saturn L3 0 0 ~7H-//t'"4" CJ)/I'fI1N VUE t., .5171//M Insured's Name: Francis Saphore License Plate Number: FN3748 Insurance Co: Hartford Insurance Co of the Midwest Policy Number: 55PHJ674993 Effective Date: November 9, 2005 Expiration Date: August 9, 2006 Comprehensive Deductible: $50 collision Deductible: $500 Liability Limit: $250,000 / $500,000 .... If we can be of further assistance, please call us, toll free, at 1-800-423-6789. We are open Monday through Friday from 7 a.m. to 11 p.m., your time and Saturday from 8 a.m. to 6 p.m., Eastern Time. Our customer care representatives will be glad to help you. Sir.cerely, ,,/ n..7'- t2. ~ Jonathan R. Bennett Executive Officer, The Hartford N~RP Auto Insurance Program This insurance program is underwritten by Hartford F~re Insu::ance Company and its affiliates, Hartford, CT. 200799530G\551ill\112B\PA\11,02n\DB 0 r-..,;) ~ ~ c- C:'::l 0 ~ -r-~ f~~:~ C'::J Cr', .,., r;" a =T' r-'-- , i ] () Fil,:!::' '-. ~ l'V f; ~ ...., o. 9 @ " "'<:\ ,~ -4 , -c. ;:t,. r-: "" ~ '" -".. """1 -- ;5 ,(~~ v p - \. ~ -- - ~':" -.-.! -. .~ -< W ~r:'~ & ~D W -< DEC2 920~ FRANK SAPHORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO: Of, - '7.:L~ ~ COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : REGISTRATION SUSPENSION APPEAL ORDER OF COURT AND NOW, this 2..?L day of ",T~n zoc,? , 2.Ge6, upon consideration of this APPEAL FROM SUSPENSION OF REGISTRATION, it is Ordered that a hearing on the matter shall be held on the c;l 111 day of a~ 17 J , 2007, at I:;b 0' clock ~ m. in Courtroom No. I of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this Honorable Court resolves t~s appeal? \q...1, 41']\ '1 t ~ ~'- C,.)(.t u) r tL ~ r <...c...~ S."F~se.J~.>~ l~ w.r;nd.Lt~ \oj L:>~. WL- Djstribution: ,)'A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104-2516 .jominger & Whare, 155 South Hanover Street, Carlisle, PA 17013 Michael J. Whare, Esquire ~ YL~4' I ..... 3 -() I A<....- 'flNV^1ASNN3d AlNnoo o~'N1~no DC :Z Wd ..... Nvr LOOZ AH'v'lCU)rUOOd' In :JO 30H~ FRANK SAPHORE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION NO: 06-7265 COMMONWEALTH OF PENNSYLVANIA, : REGISTRATION SUSPENSION APPEAL PENNSYLVANIA DEPARTMENT : OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING PRAECIPE TO WITBDRA W REGISTRATION SUSPENSION APPEAL TO THE PROTHONOTARY: Please withdraw the registration appeal on behalf of the Plaintiff in the above captioned case and cancel the hearing now scheduled for April 2, 2007 at 1:30 p.m. in Courtroom No.1. Respectfully submitted, t!i1.~~~~f It 37 East Pomfret Street Carlisle, Pa 17013 (717) 243-3561 Supreme Court ill # 89028 Attorney for Plaintiff Date: March 28, 2007 cc: George Kabusk, Esquire Dept. of Transportation (") c S C] r; ..." ..:- r-.J = = -...I ::J: > :::0 f',,) CD o -n ~ rn:D I -onl :u9 '~() i-it (~):::rl ::~ C) i'::; m -I ~ -0 ::;;; W N