Loading...
HomeMy WebLinkAbout07-0219CORNELIUS A & TINDERLY J : IN THE COURT OF COMMON PLEAS JOHNSON, APPELLANTS :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ~~(- v119 C~v~l Ism COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, APPELLEE REGISTRATION SUSPENSION APPEAL AND NOW, come the Appellant, pro se, to file an appeal from an official notice of vehicle registration suspension, in support of which the following statements aze made: 1. By official notice dated December 17, 2006, effective January 21, 2007, the Appellee suspended vehicle registration for a vehicle owned by Appellants. 2. This suspension is based on lack of response to request for proof of financial responsibility, dated October 31, 2006. The primary owner, Tinderly J. Johnson, did not receive this written request prior to receiving official notice of suspension. 3. The primary owner responded to rescission of coverage notice from insurance carrier, Progressive Direct Insurance Company, dated October 20, 2006, within approximately 2 weeks. 4. No citations or motor vehicle accidents occurred during period of issuance. WHEREFORE, the Appellants request that the Court grant this appeal and their right to continued vehicle registration. n ~ ~ n, Respectfully submitted, ~.1 ~G~ Dated: 1, r', ~V ~ ~ Tinderly .Johnson 1120 Pheasant Drive North Cazlisle, PA 17013 '117.3g~. I g~tD CORNELIUS A & TINDERLY J : IN THE COURT OF COMMON PLEAS JOHNSON, APPELLANTS :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 0~- ala C~~~ i TAM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, APPELLEE AFFIDAVIT OF VERIFICATION I verify that the statements made in the foregoing Appeal are true and correct to the best of my knowledge. I understand that false statements are subject to the penalties of 18 Pa.C.S. 4904, pertaining to unsworn falsification to authorities. ~~ - Dated: l , ~I. ~A/~ ~ Tinderly .Johnson 1120 Pheasant Drive North Carlisle, PA 17013 CORNELIUS A & TINDERLY J JOHNSON, APPELLANTS V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, APPELLEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. b~-a~q L':v~l "Tern-, CERTIFICATION OF SERVICE AND NOW, this ~ ~ day of ~.1~ 2007, I , Tinderly J. Johnson, certify that I served a copy of the Appeal upon the following party by U.S. Postal Service mail, postage prepaid: Pennsylvania Department of Transportation Office of Chief Counsel 1101 S Front Street-3`d Floor Hamsburg, PA 17104-2516 4~U1 Dated: ~, Il ~/~D (J Tinder Ju Johnson V / 1120 Pheasant Drive North Carlisle, PA 17013 RESCISSION OF COVERAGE NOTICE SERVING YOU THROUGH AGENT: Progressive Direct Insurance Co P.O. BOX 31260 TAMPA, FL 33631-3280 PROGRE~JNE~ UNDERWRITTEN BY: Progressive Direct Insurance Co. FORMERLY Progressive Halcyon Insurance Co. 24 HOUR POLICY SERVICE 1-soo-sae-77Ba 24 HOUR BILLING SERVICE 1-800-999-8781 24 HOUR CLAIMS SERVICE 1-soo-778-a737 TINDERLY J JOHNSON DARKEL FOREMAN 112 PHEASANT DR N CARLISLE PA 17013 INSURED: TINDERLY J JOHN50N DARKEL FOREMAN 1120 PHEASANT DR N CARLISLE PA 17013 AGENT; PROGRESSIVE DIRECT P.o. Box 312Bo TAMPA, FL 33631 Date 1o zo os Policy Number Aa-laaaseaz-o In accordance with the terms of your policy, which require your payment of premium as consideration for issuance of coverage by this company, all coverage is rescinded and declared VOID as of 12:D1 A.M. on the date of policy inception 10JOS!o6 This notice supersedes any notice of cancellation. This policy cannot be reinstaked, but you may reapply for a new policy by contacting your agent and completing an application and paying the appropriate downpaymenk. Your bank would not honor payment on this check. Check No. aaaa in the amount of $ sz5z.z2 Oa 103508 18T 08292 OOG r cxm Na 8155 (7-99) INSURED CDPY Prx,Ie t of 2 PM1ANE0914051705LA455PA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID# 063049999021460 001 TITLE# 59046721 PROCESSING DATE 061031 TRANSACTION CODE 00030 CORNELIUS A !i J JOHNSON 1120 PHEASANT CARLISLE PA Dear Customer: TINDERLY DR N MAIL DATE: October 31, 2006 17013 We recently received information from your insurance company about a ca~-icziiation of year astomobile insuance. We realize you may have otily 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 your new coverage with this letter. Please take the time to read this letter carefully and provide us with the needed information. Fire to respond to this letter within throe weeks may result is a suspension of your vehicle registration. The insurance company who notified us of the cancellation and the vehicle affected are listed below. Insurance Information Vehicle Information INSURANCE CO: MAKE: CHRY YEAR: 2002 PROGRESSIVE DIRECT INSURANCE CO BODY TYPE: SEDAN POLICY NUMBER: LICENSE PLATE NUMBER: EXE5601 DATE INSURANCE TTTL& 58046721 WAS CANCELLED: 1Oj08106 VIN: 3C8FY68B127282892 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 requested documentation in the enclosed envelope. PART A. If you... Then please... And PennDOT will... Obtained insurance with a aew __ ~ Send PennDOT proof of new Send you a letter within three insurance company for the - insurance. Please see weeks accepting 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 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 the policy number, policy effective and expiration dates, NAIC number and Vehicle Identification Number. PART A. (Continued) If you... Theo P~••- And PennDOT wi8... Obtained insurance with a new Send PennDOT proof of new Send you a letter within three insurance company or corrtinued insurance with the same insurance (see "Acceptable Proof of Insurance" below) AND weeks accepting your updated i i f insurance company NO MORE complete and send the nsurance n ormation. THAN 30 DAYS after your "STATEMENT of Non-Operation previous policy was cancelled, of VEHICLE" on the next page. Da not have insurance for the vehide listed for any reason, Send your registration plate, sticker and cud Ito PemrDOT Send you a letter within three weeks confirming that your and more than a 30 day lapse of insu 11NMEDIATELY.* Retnm registration plate, sticker and rance, yom~ registratiou plate, cazd were received. sticker and card to: PennDOT Financial Responsibility Section, PO Box 68674, Harri~lwrg, PA 171A6-8674 t n ~r•o•r•r • •.•.~.~... ..i:vaili\MY-YVl\ i-aw-f~-a~, ;,z~a.x~c~-gn1~J.l:AK!?S MUST' BE RECEIVED. AX_THE DEPARTMENT WITHIIV 30 DAYS FROM THE INSURANCE CANCELLATION OR THE VEHICLES REGLSTRATION WILL BE SUSPENDED FOR 3 MONTHS. Aeoeptabk Proof of Insurance * Insurance identif~ation card. * A value binder of insurance.(Note: Policy information will be requested upon expiration of binder) * Declaration page of your insurance policy. * 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... Then please... And PennDOT will... Soil, Transferred or Traded our vehi l Send PennDOT a copy of form Update your record accordingly. y c e. MV1 or MV4-ST or a bill of sale indicating the new owner. Salvaged yow vehicle Send PennDOT a copy of your - Update your record accordingly. salvage certif irate or a letter of salvage from the insurance company indicating the new owner. Had your vehicle Repd. Send PerinDOT a copy of your Upda*.e your record accordingly. letter of repossession from the dealership or financial institution. rr ----- '--'' --- „ yvu veueve your insurance coverage was terminated and you did not receive a proper notice as required by insurance laws, you should contact the Pennsylvania Insurance Department, Bureau of Consumer Serves for assistance. The toll free automated consumer hotline is 1-877-881-6388 or visit their website at Mww.insurance.state.aa.us. Please be prepared to provide the name of your insurance company, policy number and any notrces of correspondance you may have received concerning your policy. Sincerely, Service Representative Team Bureau of Motor Vehicles Information (8:00 AM to 6:00 PM) Pennsylvania 800-932-4600 Out of State 717-412-5300 TDD Pennsylvania 800.228-0676 TDD Out of State 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX t%Sti74 HARRISBIJRG, PA 17106-8ti74 www.dmv.state.pa.us WID# 063449999017343 001 TITLE4 58046721 PROCESSING DATE 061210 TRANSACTION CODE 00060 CORNELIUS A & J JOHNSON 1120 PHEASANT CARLISLE PA TINDERLY DR N 17013 OFFICIAI, NOTICE Dear Customer: MAIL DATE: 12/17/06 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: CI-iRYSI,F,R YEAR: 2002 BODY TYPE: SEDAN LICENSE PLATE#: IiXF,5601 TITLE#: 58046721 VIN#: 3C8FY68B12T282892 This information was requested because PROGRI:SSIVF, DIRF,CT INSURANCE. CO notified us that the insurance policy covering the vehicle listed above was terminated on 10/O8J06. F,ither 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 eRective 01f21J07 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. 1I-IIS IS A I•'INAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credet 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 1;50 to the Department in accordance with Section 19b0 of the Vehicle Code. Please make check or money order payable to the I'A Department of Transportation. DO NOT SEND CAST I. 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 aself-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. It, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating year 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 1101 S Front Street-3rd Floor Harrisburg, PA 171042516 I3y Order of Director Aureau of Motor Vehicles Department of "Transportation Information (8:00 AM to 6:00 PM) Pennsylvania 800-932-4600 Out of State 717-412-5300 "I'Dll Pennsylvania 800-228-0676 TDD Out of State 717-412-5380 ° ~ C ° i ~s. ~ ~ -cj c.~; ~ ~ ~ r-n ~ ~ .~ cry ~_ ~ ~~ ~~` ~ ~ b ~'~ ~ `'' n ~ r ~ ~ ~ ~ 0 s te ' r- t~ 3 ~11N16 2007 CORNELIUS A & TINDERLY J JOHNSON, APPELLANTS V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 0'j-dIQ Civi ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, APPELLEE ORDER AND NOW, this IG~ day of __, 2007, upon consideration of the within Appeal, it is hereby ordered decreed that a hearing be held on the ~ 6 ~ da of Y ' 200, at ~' ~©~ o'clock in Courtroom ~~, Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to Pennsylvania DepaRment of Transportation, Office of Chief Counsel by Appellant at least sixty days prior to the date of the hearing. By the Court, Dated: J. Distribution: Prothonotary's Office Tinderly J. Johnson, 1120 Pheasant Dr N, Carlisle, PA 17013 ,C e~2,c.rA ,~~-~l / - ~ ~' a ~ PA Dept. of Transportation, Office of Chief Counsel, 1101 S. Front St.; Harrisburg, PA 17104 ~ ~ ~Q~ ~ ~ ~ ~~ ~~~Z I~t~`~IOI`a~~ a.~:~d ~~ ~~7 .~J4 ~.s.. ~w CORNELIUS A. and TINDERLY J. JOHNSON, Appellants v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-219 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of April, 2007, after hearing, we find that the Department has met its burden of proof and that the suspension of registration is appropriate. Consequently, the appeal is DISMISSED. Tinderly J. Johnson 1120 Pheasant Drive North Carisle, PA 17013 Apellant, Pro se George Kabusk, Esquire For the Appellee Edward E. Guido, J. ~~,~ yr, /~ o ~ srs ~ r - 'vl 1~ `~1'-'-!k-'r,-'' ~"~