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Home My WebLink About02-3063Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION 1. Appellant herein is , wrl j residing at and having a m~,.iling address of'. / r-/~ 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai lng address of: Departmeut of Transportation, Bureau of Driver Licensing, Narrisburg, Pennsylvania 17123. ~ Departme.3t of Transportation, Bureau of Motor Vehicles, Hgrrisburg, Pennsylvania 17123. 3, By letter or notice dated ~ ~01 ~0~ , a copy of which is attached hereto as Exhibit A, the De:3artment of~Transportation ~ ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of ~ ~ denied the issuance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ih Appellant is retaining 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 Ap~e4ant 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 requdsts ihat this matter be set down for a hearing and that ~e c:'der of suspension / order of denial be set aside. ~ ~1'~ ~ ~~ Respectfully submittedby, / '- ff Appellant I verify that the statements made in this Petition are true and correct. I uncle'stand that false statements herein are made subject to the penalties of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities. -3- GLEN & BEVERLEY WEAVER APT 314F 1420 BRADLEY DR CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 Information (7:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of Stale 717-391~6190 TDD Pennsylvania 800-228-0676 TDD Out of State 717-391-6191 May30,2002 Dear Motorist: You recently submitted to the Bureau of Motor Vehicles insurance information and/or correspondence for the following vehicle: MAKE: CHEVROLET, BODY TYPE: SEDAN, VIN NO: IYISK5288WZ430068, TITLE: 52782495. The information that was submitted could not be accepted for the following reason(s): The proof of insurance contains an effective date of coverage in excess of 30 days from 01/27/02. In order for the Department to remove the suspension, you must provide a copy of insurance indicating an effective date of coverage within 30 days or less from 01/27/02. The following are acceptable forms of insurance: 1. INSURANCE IDENTIFICATION CARD 2. DECLARATION PAGE OF YOUR INSURANCE POLICY 3. INSURANCE BINDER 4. APPLICATION OF INSURANCE TO THE PA AUTO INSURANCE PLAN In addition, you must provides notarized statement stating that the vehicle was not operated during the lapse of coverage. If you cannot provide the above documentation, you must return your registration plate, sticker and card to the Bureau. Credit toward serving your three month suspension will not begin until we are in receipt of these items. If you are no longer in possession of your registration plate, you must furnish a notarized statement indicating the disposition. Additionally, a $50.00 restoration fee must be paid prior to your registration privilege being reinstated. Any negotiable checks or money orders submitted with the application have been deposited by the Bureau. Please follow the instruction(s) listed above and return this document and all other required forms in the enclosed self-addressed envelope. It will receive our prompt attention. Please write your title number on all documents and advise the Bureau immediately of any change to your address. Failu're to do so may delay the restoration of your registration privileges. ~ If a notary public, messenger or dealership assisted you in the completion of your application, you may desire to return this letter to them for assistance in making the above correction(s). ~ This form will become part of your application, therefore, your signature is required below. If you have any questions, please call a member of our Service Representative Team at one of the telephone numbers listed above. APPLICANT'S SIGNATURE: DATE: " Sincerely, Service Representative Team Bureau of Motor Vehicles 020530 48700 02148 0031 000853 001 D O C U M E N T S E P A R A T O R 0~14~ O0~! 000~5~ MV-127 (01-02) BACKGROUND ~10 I V El V d ] S J. N B IAI CIO O O COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 GLEN & BEVERLEY WEAVER 49 WINCHESTER GARDENS CARLISLE, PA 17013 Information (7:00 AM to 9:00 PM) Permsylvaxfia 800-932-4600 Out of State 717-391-6190 TDD Pennsylvania B00-228-0676 TDD Out of State 717-391-6191 February 13, 2002 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 imurance 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. The insurance company who notified us of tbe cancellation and the vehicle affected axe listed below. · --?- ~uce I~, .',,~ INSURANCE CO: INTEGON INDEMNITY CORPORATION POLICY NUMBER: 1263720 DATE INSURANCE WAS CANCELLED: 01/27/02 Vehide Information MAKF: CHEV YEAR: 1998 BODY TYPE: SEDAN LICENSE PLATE NUMBER: EGB0173 TITLE: 52782495 VIN: IY1SK5288WZ430068 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 r~lu~sted documentation in the enclosed envelope. PART A. If you... Then pl~:.. And P~nnnOT will... Obtainetl insurance with a new Send PennDOT proof of new Send you a letter within two imurance company BEFORE OR insurance. Please see weeks accepting your updated ON THE SAME DAY your 'Acceptable Proof of lnanrance~ insurance information. previous policy was can-celled, on the next page. Col~tlnued insurance with the Se.nd PennDOT a signed letter, Send you a letter within two nme 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 thc policy number, policy effective and expiration dates and Vehicle Identifieaqon Number. PART A. (Continued) If you... ~hen- ~ :':"""~ And P~nnl~OT will... .Obtal-~ insurance ~th a n~ Send Pe~OT ~of of uew Send you a letter ~t~ two ~ce comfy or cont~ued ~cc (~e ~Acceptablc Proof ~cks accept~g yo~ u~ted ~m~e ~th ~e ~e of Ins~ce' ~low) AND ~s~ce ~o~a~on. ~ce comply NO MORE the 'S~t~t of Non-o~tion THAN 30 DAYS ~ yo~ of VeMcle' on the nero pa~. p~om ~ w~ c~eHed, Do not have ;.~ ~ f~ the ~d y~r ~i~i~tion ~ate, Send you a letter ~t~ two vehicle li~ for ny r~, sti~ nd c~d into PennDOT weeks co~g ~at yo~ ~D~LY.* re,station pla~e, sticker ~d c~ Return yo~ r~trati~ plate, we~ ~ei~d sti~ ~d c~d to: PE~DOT ~n~fi~ R~li~ ~tion P.O. ~x ~674 H~, PA 1710~74 -, CARDs MUST BE RECEIVED BY THE DEPAR'IMENT NO MORE THAN 30 DAYS A~TER INSURANCE WAS CANCELLED. REGISTRATION PLATES, STICKERS AND CARDS RECEIVED BY THE DEPARTMENT AFl'ER 30 DAYS WILL RESULT IN A 3 MONTH REGISTRATION SUSPENSION. Acceptable Proof of Insurance * Insurance identification card. * A valid binder of insurance. * Declaration page of your insUran~ P°licy' * Application for insurance to the Pennsylvania Auto Plan. * A letter from the insurance company's headquarters or your insurance agent. PHOTOCOPIES ARE ACCEPTABLE. ORIGINALS WILL NOT BE RETURNED. PART B. If you no longer have the vehicle TITLE 52782495, VIN 1YISK5288WZ430068 putting an X in the space provided. , please indicate mason by I. ( ) S aged 4. ( ) Repo essed 2. ( ) Sold/Transferred $. ( ) Bankruptcy 3. ( ) Traded 6. ( ) Other. Should you have any additional questions, you may contact the Customer Call Center using the telephone numbers located at the top of this letter. Sincerely, Service Representative Team Bureau of Motor Vehicles 020213 00030 02044 9999 019866 001 Progressive Corp. 5/13/2002 11:31 PAGE 2/3 RightFAX COMMONWEALTH OF PENNSYLVANIA FINANCIAL RESPONSIBILITY IDENTIFICATION CARD Issued pursuant to state law NAIC# 16322 Company: PROGRESSIVE NORTHERN INSURANCE COMPANY Policy# 55264201-0 Effective Date: 05/13/02 Year Make Model 1998 CHEV PRIZ Vehicle Identification Nbr. 1Y1SK5288WZ430068 Insured's Name: BEVERLEY WEAVER 1420 BRADLEY DRIVE, 314F CARLISLE , PA 17013 Name of asency, broker or office issuing this card: Progressive Direct P.O. Box 94812 Cleveland , OH 44104 Not valid for more than 60 days from effective date. Report all losses immediately: 1-800-274-4499 Progressive Corp. 5/13/2002 11:31' PAGE 3/3 Ri~htFAX 02~148 003~l 000853 Progressive · P.O. Box Cleveland , 'OM 44104 (800)288-6776 IC-94598 INSURED'S INFOP/~ATION: BEVERLEY WEAVER 1420 BRADLEY DRIVE, 314F CARLISLE , PA 17013 HOME PHONE (717)245-3131 TODAY'S DATE: EFFECTIVE DATE: EXPIRATION DATE: POLICY PERIOD: POLICY NUMBER: ~OVERA~E VERIFICATION SHEET DRIVER NAME BEVERLEY WEAVER 05/13/02 05/13/02 11/13/02 6 MONTHS 55264201-0 ............................. VE~ICLE INFORMATION .............................. $ YR Fa~ MODEL BODY TY~E VIN 1 1998 C~VE PRIZM/LSI 4 DOOR SEDAN 1Y1SK5288WZ430068 .................................. COVEi~%~ES ................................... 1998 C~O BI-PD 25/50/10 UM 25/50 ST UIM 25/50 ST ACC-DTH 5K FUNERAL 2.5K MED-EXP 5K INCOME 1K/5K COMP 500 COLL 500 RT-RDSD 20/ROADSIDE ACPE NONE PAYOFF NONE ............................. ADDITIONAL I~'r~REST .............................. ADDRESS CITY ST ZIP VEM 1 .................................. LOSS PAYEE .................................. NAME ADDP. ESS CI~"f ST ZIP VEH 1 CUllB/COUNTY COURTS [~002 06/2~/02 FRI 09:08 FAX 2406460 Commonwealth of Pev.usylvania Dcp~.h,,¢nt of Transportation JUNta'S? 200Z IN TH~ COURT OF COMMON PLF, AS OF CUMBERLAND COUNTY, PI~NNSYLVANIA AND NOW, this ~.~.._~ay of~~.~, 2002, based upon Appellznt's Appeal, a h,aring shall be h, ld on_~__.~ay--of~~, 2002, in Courtroom ,,~ at 4: ,~oo'c,ocl~.m. at thc Cumberland Couat~ Courthouse. BEVERLEY A. WEAVER, : Appellant : : V. : : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3063 CIVIL TERM IN RE: APPEAL SUSTAINED ORDER OF COURT AND NOW, this 27th day of September, 2002, after hearing, we find as a fact that the Appellant did not receive any written notification from her insurance company as to a renewal of the policy or its lapse or cancelation, and, therefore, in light of the recent Commonwealth Court decisions in Cain and Beitler, we have no alternative but to sustain the appeal. The action of the Department in suspending Appellant's vehicle registration is overruled. By the Co E. Guido, J. George Kabusk, Esquire For the Appellee Beverley A. Weaver Appellant, Pro se srs BEVERLEY A. WEAVER, Appellant : V. : : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: Appellee : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, pENNSYLVANIA 02-3063 CIVIL TERM ORDER OF COURT ~ NOW, this 27th day of September, 2002, Appellant's request to file an appeal nunc pro tunc is granted. By th~ Edwal~d E. Guido, J. George Kabusk, Esquire For the Appellee Beverley Weaver Appellant, Pro se srs