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Home My WebLink About07-0123COMMONWEALTH OF PENNSYLVANIA, VS. GENE H. FISH, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - APPEAL FROM VEHICLE REGISTRATION :SUSPENSION PETITION FOR APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION Petitioner, Gene H. Fish, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1. Petitioner is Gene H. Fish, an adult individual residing at 1328 Pine Road, #13, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is the owner of a 2002 Chrysler sedan at license plate GHC5595 and title #56962548. 3. On December 10, 2006, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, issued a Notice suspending the registration for the vehicle referenced in paragraph 2 above. A copy of said Notice is attached hereto and marked Exhibit A. 4. The suspension for registration is to take effect on January 14, 2007 at 12:01 a.m. 5. The order of the Director the Bureau of Motor Vehicles is illegal, arbitrary, unreasonable and an abuse of discretion and contrary to law. 6. As further basis of appeal, Petitioner will offer testimony at a hearing in this case consistent with the outline as set forth on the attached Exhibit B. WHEREFORE, Petitioner requests your Honorable Court that this appeal be allowed and that a hearing de novo be granted to determine whether the Petitioner is subject to have the registration for the vehicle in question revoked, and that this appeal act as a supersedeas pending hearing, and that the December 10, 2006 order of the Bureau of Motor Vehicles be vacated and the appeal sustained. Date: January 8, 2007 V U H ert X. Gilro , Esquire Attorney for P titioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID# 063379999026945 OUt TITLE# 5696251? A_ PROCESSING DATE 061203 TRANSACTION CODE 00060 GENE H FISH 554 MOUNTAIN RD BOILING SPGSi PA 17007 Dear Customer: OFFICIAL NOTICE MAIL DATE: 12/10/06 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: CHRYSLER YEAR: 2002 BODY TYPE: SEDAN LICENSE PLATE#: GHC5595 TITLE##: 56962548 VIN##: 3C4FY48B12T260901 This information was requested because AIG NATIONAL INS CO notified us that the insurance policy covering the vehicle listed above was terminated on 08/29/06. 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 01/14/07 at 12:01 A.M. as authorized by Section 1786(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 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 file 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 4j, 1101 S Front Street-3rd Floor . ! Harrisburg, PA 17104-2516 t EXHIBIT C ' 77? A - a?' Mr. Gene H. Fish 1328 Pine Road, No 13 Carlisle, PA 17013 January 5, 2007 Pennsylvania Dept. of Transportation Office of Chief Counsel 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2516 To Whom It May Concern: I received the attached letter regarding the suspension of the registration of my 2002 Chrysler PT Cruiser. I am writing to appeal that decision. I moved into a new home on July 1, 2006. I rent a lot from Brad Shover of Shover's Mobile Home Park on Pine Road in Carlisle. Prior to moving in, Brad agreed to facilitate a mail lock-compartment (mailbox,) for my home which he said would be provided through the post-office, as is the case with all other residents in my neighborhood. To date, I have never received this mailbox. Throughout the time of my move-in I was working out of town ten to twelve hour days. I left messages for Mr. Shover several times a week, letting him know that we were only getting some of our mail and chasing down what mail we were fortunate enough to receive directly from the Carlisle, Post Office. My wife and I were in communication with the Carlisle Post Office mail to ask if Mr. Shover had contacted them about our mailbox. After numerous requests the Carlisle Post Office Mail Supervisor, Rick Butara, replied that though it was not his job or responsibility, he would contact Mr. Shover in writing to expedite the process of getting a mailbox established. I never received any information about what was happening with the mailbox until I contacted the Post Office again and they informed me that Mr. Shover never responded to their requests. I have spoken with a representative of the Carlisle Post Office in an attempt to get something in writing verifying that I had no regular mail service nor did I have a mailbox until I bought one and installed it myself on November 4, 2006, (see enclosed receipt). It was my intention to get a copy of the letter that Mr. Rick Butara sent to Mr. Shover requesting my mailbox. The representative of the Post Office informed me that they would not provide that letter to me however they would provide information relating to this case as requested by PennDOT. EXHIBIT N ? B One of the missing pieces of mail was the notification of cancellation on my auto insurance policy from AIG. When I did receive the notice from AIG I promptly submitted a payment, (copy attached). I sent the check on 9/2/2006, it was posted on 9/5/2006 and cashed on 9/11/2006. Their company policy is to permit payment up to seven days past the cancellation date. Although they received the check in time they added one day to the post mark date on the envelope which made my payment one day late accordingly to company policy and they rejected the check. After receiving the rejected check and letter from AIG I contacted them in attempts to reconcile the situation. AIG ultimately issued me a new policy on October 4, 2006. The irony is that I did not drive the PT Cruiser all of September and most of October due to the site location of my job, (I stayed on site most of the time.) I made attempts to continue my policy all through September. I did not receive notice that AIG was not accepting my payment for the policy until late September/early October. At this pointed I promptly requested a new policy or whatever it would take to maintain insurance coverage. I have attached documentation for your review to see the chronological history of this case. It is my opinion that I have a strong case for an appeal. I am asking PennDOT to reconsider their decision given the extenuating circumstances. Please contact me if you have any questions or need additional information. Respectfully, Gene H. Fish r L.i r'"ti S-:'1 r co ±v COMMONWEALTH OF PENNSYLVANIA, VS. GENE H. FISH, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - /.),3 APPEAL FROM VEHICLE REGISTRATION REGISTRATION COURT ORDER th AND NOW, this a day of January, 2007, upon consideration of the attached Petition for Appeal from the order of the Bureau of Motor Vehicles, Department of Transportation, suspending the motor vehicle registration for a 2002 Chrysler sedan owned by Gene H. Fish at license #GHC5595 and title #56962548, a hearing is granted de novo to determine whether the Petitioner is subject to the registration suspension. This appeal shall act as a supersedeas of the registration suspension as included in the December 10, 2006 Official Notice from the Bureau of Motor Vehicles which is attached as Exhibit A of the Petition. 2 ?- A hearing is set on the 3 day of 2007 at 3 PP _. M. in Courtroom No. S of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel for the Petitioner is directed to serve a copy of this notice and the attached Petition upon the Office of Chief Counsel for the Pennsylvania Department of Transportation. BY THE COURT: Cc: Hubert X. Gilroy, Esquire Pe. nA 66T r J1-?S' F:\FILES\C1ients\12628\ I2628.1.Praecipe I Created: 9/20/04 0:06PM Revised: 11/20/07 0:I7PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, COUNTY, PENNSYLVANIA Plaintiff V. NO. 2007-123 CIVIL ACTION - LAW GENE H. FISH, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the Appeal filed in the above referenced matter by Petitioner Gene H. Fish and mark this matter settled and discontinued. DATE: November,-?O. 2007 Hubert X. Gilroy, E uire Martson Deardorf illiams Otto Gilroy & Faller I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 249-3341 Attorneys for Defendant n r?3 O 0 N