The URL can be used to link to this page

Home My WebLink About94-06226 '~. ~ I :::- -I ? ;:1" ~ :' , ' ! ' ,,' " / " " " i.l, ........ '" , , " f", ,"".'/' " " 'f -,;, , . ., I, ,;, 'I' " , /;1, "i , 'J .', !Ii " .' 'I ., , , ." " , " I,.'." 1/ , , ,/ / .." , "~;. " . NOV 021994 cJY IN REI I IN THE COURT OF COMMON PLEAS or I I I I I I I I SUSPENSION OF MOTOR VEHICLE REGISTRATION or JACOB N. MITCHELL II PLATE NO. ANA1604 VIN NO. JB3AM64JXRY028547 CUMBERLAND COUNTY, PENNSYLVANIA APPEAL FROM GOVERNMENT AGENCY 1t.. If 'f. I. ~ ;l (, cw.:. -r.AJo.-- ORDER FOR HEARING AND NOW, thi. 1~~ day of Novemb8r, 1994, upon consideration of the foregoing Appeal from SUHpen8ion of Motor Vehicle Registration of Jacob N. Mitchell JB3AM64JXRY028547, a hearing -t/);.fJ!.I/JI)1~ 1994, at II, Plate No. ANA1604, VIN No. ,~ _S day of i8 .cheduled for the .3 }cJ pm. No. ~, in Courtroom Cumberland County Courthou8e, One Courthouse Square, Carli81e, Penn8ylvania 17013. BY THE COURT, J. r .:")'''' C:~ 'Tlz.:.t "l"n. 'y\ :.t'.",I ;;-' ....., :it:=:; 'lfT ",r "'., -( ,\..., . r' r -'ll.J <O;J~ .." l-(')Q"" ~,~:l:() t:~o,,,, ",,-I :::! w a iii ~ IN REI IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA APPEAL PROM GOVERNMENT AGENCY SUSPENSION OF MOTOR VEHICLE REGISTRATION OF JACOB N. MITCHELL II PLATE NO. ANA1604 VIN NO. JB3AM64JXRY028547 APPEAL PROM SUSPENSION or MOTOR VEHICLE REGISTRATION or JACOB N. MITCHELL II PLATE NO. ANA1604. VIN NO. JB3AM64JXRY028547 Jacob N. Mitchell II. by his counsel, C. Edward S. Mitchell. pursuant to 25 Pa.C.S.A 51377 and 42 Pa.C.S.A. 5933(a)(1)(ii), hereby appeals from the notice of suspension of motor vehicle registration pertaining to Pennsylvania Plate No. ANA1064, VIN No. JB3AM64JXRY028547. and in support thereof setl forth the following: 1. Jacob N. Mitchell II, hereinafter Appellant, is an adult individual whOle permanent home of record address is 2801 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania. 2. Appellant is a Second Lieutenant in the United States Marine Corp, permanently stationed in Barltow, California. 3. Appellant 1s the owner of a 1994 Dodge automobile, bearing VIN No. JB3AM64JXRY028547 and pennsylvania Registration Plate No. ANA1604. 4. Appellant has received notice from the Pennsylvania Dopartment of Transportation of suspension of said motor vehicle registration; a true and corrsct copy of the Notice of Suspension of attached hersto and marked Exhibit "A". 5. Between June 1994 and september 1994, Appellant was temporarily stationed at Camp Lejuene, North Carolina. ~ 6. During the period of Appellant'. temporary duty at Camp Lejuene, North Carolina, the motor vehicle bearing the aforesaid registration was garaged in Barstow, California, inaccessible to Appsllant or any other operator. 7. Aftllr arriving at Camp Lejuene, North Carolina, while the motor vehicle was inaccessiblo to Appellant or any other operator, Appellant cancelled the insurance on said motor vehicle, in order to save the cost of the premium during the period of time the vehicle would not be operated or accessible for operation. a. The annual cost of the applicable premium, with a 20' good driver discount, is $2552.32. 8. Appellant reinstated the insurance at the conclusion of his tsmporary duty in North Carolina and return to his permanent duty station in Barstow, California and p.:ior to operating the registered motor vehicle. 9. At the time of cancellation of the insurance, Appellant was not aware that cancellation would be a violation of the Pennsylvania Motor Vehicle Code and was not so notified by the applicable insurer. 10. The registered vehicle was not operated during the period of time the insurance was cancelled. 11. The Department of Transportation has received notice of financial responsibility by reason of the renewal of the insurance policy; said notice is dated prior to the date of the notice of suspension. U. The regi.tered vehicle i. presently covered by 2 insurance pursuant to United Service. Automobile As.ociation Policy No. Oa753 06 49U 7104 81 a true and correct copy of the Declarations Page of said policy is attached hereto, marked Exhibit "B" and incorporated herein by reference. 13. The notice of suspension states that the suspension is authorized by 51786 (D) of the pennsylvania Motor Vehicle Code. (a) Said section provides for suspension of registrations "if the Department determines that ths owner or registrant has operated or permitted the operation of the vehicle without the required financial responsibility." (emphasis added). (b) As previously stated, the motor vehicle to which the registration pertains was not operated during the period of time of the lapse of insurancs coverage and was not accessible to any operator. (c) The section cited for tha suspension further provides "this subsection shall not apply in the following circumstances: (2) Owner or registrant is a member of the armed services of the United States, the owner or registrant has previously had financial responsibility required by this chapter, financial responsibility had lapsed while the owner or registrant was on temporary, emergency duty and the vehicle was not operated during the period of lapse in financial responsibility. The exemption granted by this paragraph shall continue for 30 days after the owner or registrant return. from duty as long as the vehicle is not operated until the required financial rellponsibility has been established." 75 Pa.C.S.A.51786(D). (d) As previously indicated Appellant was on temporary duty during the period of time of the lapse, the motor vehicle was not operated until after the financial responsibility was established, and the financial responsibility was re-estab1ished in less than 30 days from return from temporary duty. 14. The Financial ResponBibility Law authorizes the J 'ACt , , 111m ltlJlgr l;;~~........ M.....,_~_. t~, ...1 CA It(_~ IIt,..UIt.., UUAJfU) · USAA hlld11lO " Sill AnlOIIIII, TUIl 71111 THE EASY READING AUTO POLICY AMENDED OLClARATIONS IATr^CH TO ~RFYIOUS ~OLICYl HilliN Inlll/c' ... Addttu ~ACOS N MITCHELL II ?ND LT USMC II n CLUB STREET BAASTOW CA 92311-5956 ..ilii.. 01 voIIir.- '-.- ;, ':. '~~;r- STEAl';;: RlT r:",";' '''' Yclllcl,IiliI.... d I.".h, I. prlnClp.lly atr'ad at IlIt VEH 0' BARSIO~ CA 92311 l~ 11M. ~'U~jl:" I,: --;~"'If'U'';;;''~- ~ II~ dl 'of"'''''''''''''' . ~ " we .ddr.1I ""'11 otfterwilt 'III~~..." .........10. r.,.. ",,,''" n'll ,ofl.y ,"'wid.. ONlY tho.. OO'lorolCS for wlllch Vl!H . ",'n,l.. " lIlown klow. OJ 6'MnNTlI COVI""QIi$ LIMITS or If g'DlD r'IlCM'VM .I"AtV. ,ANi ~IUAl. CASH YAWl ~ . LIA ILffY BODilY INJURY EA ~lR S 100,00 EA Ate $ 200,00 PROPERTY DAMAGE fA ACC S 50,00 AHI n . MEDICAL PAYMENTS U PER S EXllNOFO BENEFITS WAOf EARNER DISAB 12,000 MU ESSENTIAL SVCS DISAB S~5 WK ARl C . UNINSURED MOTORISTS BOOllY INdURY E^ PER 1 100,00 E^ ACC 1 200,00 WAIVEM.OF COLL DEDUCTIBLE PART 0 . 'DAMAGr TO YOUR AUTO OTHER THAN tULI lOSS ACV lESS COLLISION Lnr.s ACV LESS ANTI THEFT DlstOUNT 15~ YEH OJ PASSIVE RESTkAINT DISCOUNT YEH 0 ANTI-LOCK BRAKE UI~COIJNT VEH 03 D DRIVER DISCUUNT 20. AlLO~ED EACH Y 03 TOTAL PREMIUM - SEE FOLLUWING PAGEISl Vt;H VfH ViH--- "'k"'UM 0.0'0 rn(""w . UIA'<. n.nlln '''I'JIUM .!!DlJN , '0',2~ e1.2 n.61 1 . ~ 34,9 7.0 111.1 613,(' .NIIORSEMENTS: ADDED 10-0Z.?4. A029(01) ,.061on ~66Dlfl2) EItAlN IN HFECT(REFER 1u I'HEVIOlfS POLICY). 50001031 SI69(nn 5607(02) ~681101) 5613\02) 569?0101l 5801(01) 510'(011 ... AA~[A 2:;AI01) ~lCA(03) 20010l' 200C^ 011 66'(;Alull 13S80(01) FORMATION FORMS( OT "RT , rOll ". 1092 . I J J -.rI]IIm1!rT---~ LJ.lI:m:C QO'. lilt orth.. " '"IUD II Oilll ASsCltlA1IIlH 11II'I0 .IIS. lIlt"~ ,'~'I' 1"," II,,,,, ty ..~ Aftn....,.'..,lel on 1~1. ~.lo OCTOBER 3. 1994 I/J I. ~ ...,,1 ,. ....... l.tenertl, VIM (JIII..,r.. ~u U AU"'rlty'.;,-'101 "'..IHCJ... ~ l 'J ,. CI ,.. r- - . .. . ~ ~ J ~~\~ ,. ,. .. .. r ~ ,<\.. ~, ...., ~ .,. ~ ie " ,l !Ii 141t-~... uc,""lo-- crt ~~u:: - ,..:0> c=>> '.~ ",. z.-' ' ' q - .~... .."" ""..,"" I,.')':.:a - ' ~,uj:X :I . ."ilr lj;" :!;<> . , IN REI SUSPENSION OF MOTOR VEHICLE REGISTRATION OF JACOB N. MITCHELL II PLATE NO. ANA1604 VIN NO. JB3AN64JXRY028547 I IN THE COURT OF COMMON PLEAS or I I CUMBERLAND COUNTY, PENNSYLVANIA I I APPEAL FROM GOVERNMENT AGENCY I I NO. 94-6226 Civil Term I I ~ER FOR HEARING this~ day of November, 1994, upon consideration AND NOW, of the foregoing Appeal from Suspension of Motor Vehicle Regi8tration of Jacob N. Mitchell II, Plate No. ANA1604, VIN No. JB3AM64JXRY028547, a hearing i8 8cheduled for the 27th day of December, 1994, at 3:00 p.m., in Courtroom No.3, Cumberland County Courthou8e, One Courthou8e Square, Carli8l8, Pennsylvania 17013. BY THE COURT, J. " !f ':: ._, , 1" ,.... , '. '" Go.:> " "("'.I ~ , ", .. Ii'" " .:;;W: '-': ~t ,.._~ . I.t <:.; -\3 " 1 1 ),. ... I, .. ., , 'l: , I ", DEe 21 ~ JACOB N. MITCHILL II . . IN THE COURT or COMMON PLIAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPEAL rROM GOVERNMENT AGENCY . . I v. . . . . COMMoNWEALTH or PENNSYLVANIA DEPARTMENT OF TRANSPORTATION NO. 94-6226 CIVIL TERM ORDER AND NOW, thia 27th day of Dec.mb.r, 1994, upon a9r....nt of the parti.a, the appeal in the above r.fsr.nc.cS .att.r is remancS.d to the Department to update ita r.corcSa and r.scind ths auapenaion, which ia the basis of this appeal. J. "" Distribution I Matthew x. Ha.ckl.r, Eaquir., 103 Tranaportation ancS safety BuilcSin9, Yarriabur9, pennaylvania 17120 C. Edward S. Mitchell, Esquire, 10 W.st Third str.et, Willl...port, p.nnaylvania 17701 aee lU S lZ ~H '9~ 1 .~ ... ,I c!. , ,l;f r'l ,. ,";: II 'I .\r,y , CIJ.'oil,:r I,. '..r I', . ,'1 rv , f'l,I,N '. I ~ I "