The URL can be used to link to this page

Home My WebLink About95-01215 ci (.J.. o . -J b t/) .- Q) ~ ~ I r , ! J , i i I I I - DONAlD J. KEISER and . IN TIm COURT OP COMMON PLEAS . STEPHANIE A. KEISER. . CUMBERLAND COUNIY . Plaintiffs . PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . . COMMONWEALTI-I OP PENNSYLVANIA, . NO: 95.1215 CML TERM . DEPARTMENT OP TRANSPORTATION. : Defendants : ORDER AND NOW. this 5vl day of ~ . 1995, the hearing herein schedul~ 3, 199~ereb~d for ~hirty (30) days. A hearing 'J.~~ r~dlfled UpoA. th~':qJ'~st of ~lter pllIly lh"'Z """',~ ~) ~ ~O ) \CtCW"'" oJ- t t : I J.-1 ~ I -' BY THE COURT: I / ~" ~ Edgar B. Bayley, Judge /J / DONAlD J. KEISER and STEPHANIE A. KEISER, Plaintiffs . . IN nIE COURT OP COMMON PLEAS CUMBERLAND COUNlY PENNSYLVANIA CIVIL AcnON . LAW . . v. . . COMMONWEALnI OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendants . . NO: 95-1215 CIVIL TERM MOTION FOR CONTINUANCE OF HEARING Plaintiffs hereby move the Court for a thirty (30) day continuance in the scheduling of a hearing upon their Appeal and in support thereof state: 1. Plaintiffs request that the hearing herein presently scheduled for May 3. 1995, at 10:30 a.m.. be continued to a date at least thirty (30) days later so that they may pursue resolution of the matter without further Court proceedings. 2. Marvin Beshore, Esquire. attorney for Plaintiffs, has spoken with Matthew Heckler. Esquire, attorney for the Commonwealth Department of Transportation and he has no objection to and concurs in the request. Respectfully Submitted, MILSPAW & BESHORE Date: 'l~(1 ~ By M n eshore, Esquire #31979 130 State Street P. O. Box 946 Harrisburg, PA 17108,0946 (717) 236,0781 Attorneys for Donald J. and Stephanie A. Keiser IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DONALD J. KEISER and STEPHANIE A. KEISER, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIJI DEPAR~D&NT OF TRANSPORTATIO~ Defendant CIVIL ACTION - LAW NO.95-1215 CIVIL TERM MOTION FOR CONTINUANCE OF HEARING MILSPAW & BESHORE ATTORNEYS AT LAw 130 STATE STREET P,O, Bo)( 948 HARRISBURG. PENNSYLVANIA 17101 - PHONE: 1717' 23e.0781 @ --n~ ~S"/sh5". . .' ~.{'. MILSPAW & BESHORE "nOlllNIVI AT LAW 130 ITATI IT"IIET '0 O. lOX .... HA"""'UlIIO, 'INNlnVANIA 17101 LUTHIR I. MIL"AW, .JR. MA"VIN I.'HO"I: NIIL A. OROVI" A"IA CODI"7 23.-0711 'AX: 231-0711 April 28, 1995 Thomas E. Cheffins Coun Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Donald J. and Stephanie A. Keiser v. PennDOT, No. 95,1215 Civil Tenn Dear Mr. Cheffins: This is to notify you that Matthew Heckler, Esquire, attorney for PennDOT and [ have agreed to continue the hearing presently scheduled for May 3,1995 at 10:30, a.m., in this case, for at least thirty (30) days so that Plaintiffs may pursue resolution of the matter without further Coun proceedings. Thank you for your assistance. Very truly yours, I - BE~~ arvin Beshore MB/kw cc: Honorable Edgar B. Bayley Lawrence E. Welker, Prothonotary Matthew Heckler, Esquire Mr. and Mrs. Donald J. Keiser I1AR - 9 1995 ji-./ DONAlD J. KEISER and SfEPHANffi A. KEISER, Plaintiffs : IN TIlE COURT OP COMMON PLEAS CUMBERLAND COUN1Y PENNSYLVANIA . . v. CIVIL ACTION - LAW NO: 11- j,;U5 dt~~(1'1 COMMONWEALTII OP PENNSYLVANIA, DEPARTMENT OP TRANSPORTATION, Defendants . . ORDER AND NOW, this N tI.. day of "-1 /1~J..... . 1995, it is hereby Ordered that a hearing on the within Notice of Appeal of Suspension of Vehicle Registration Pursuant to 75 Pa.C.S.A. ~ 1786 shall be held on the ,J1 & t;( day of <<.t/A; 0 . 1995, in Courtroom ff at '3: 3 0 p.m., Cumberland COjnty Courthouse, Carlisle, Pennsylvania. , , / ,~ ,J i' '~JI ~ \ ) J. jya~l I Q-r ~,C\\ . tJ ~\I r'~ [~\l\IYl' . ~ ~ 1. i ~ ~~ '\l?1 ~ ."-11,'. .,"t,'" \ YI' ,,;, ,;,' '\,: "~"'C".J ,',' . . ~.)", , ' ; I-.a:) 55, lid' rt I ' j(l '" IJ~J/ DONAlD J. KEISER and STEPHANIE A- KEISER, Plaintiffs IN 1lIE COURT OF COMMON PLEAS CUMBERLAND COUNlY PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEAL1lI OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendants NO: NOTICE OF APPEAL OF SUSPENSION OF VEHICLE REGISTRATION PURSUANT TO 75 PA-C.SA !i 1786 NOW COME Donald J. Keiser and Stephanie A. Keiser, Plaintiffs, by their attorneys, MILSPAW & BESHORE, and for their appeal state: 1. Plaintiffs are adult individuals residing at 312 Berkshire Road, Mechanicsburg, PA 17055. 2. Plaintiffs are the owners of two (2) motor vehicles, 1989 Chevrolet Astro VID: 1GNDM15Z1KB121671; and a 1993 Chevrolet Lumina, VID: 1GNDU06DIPT124441. 3. Defendant is the Commonwealth of Pennsylvania, Department of Transportation. 4. Plaintiffs have maintained motor vehicle financial responsibility on their vehicles through Erie Insurance Exchange for two and one-half (2-1/2) years prior to November 29, 1994. 5. On November 28, 1994, Plaintiffs were notified by the Bel1co Federal Credit Union that Erie Insurance had canceled insurance on the 1989 Astro vehicle owned by Plaintiffs. 6. On November 29, 1994, Plaintiffs obtained motor vehicle financial responsibility insurance on both of their vehicles through Allstate Indemnity Company, the confirmation of which is attached as Exhibit A hereto. 7. Prior to November 28, 1994, Erie Insurance Exchange did not provide any notices to Plaintiffs concerning cancellation of their motor vehicle financial responsibility contract. Consequently, the purported termination of motor vehicle financial responsibility coverage on Plaintiffs' vehicles by Erie Insurance Exchange was legally defective and null and void. 8. On or about February 8, 1995, Defendant notified Plaintiffs that the registration upon their Chevrolet Astro would be suspended for ninety (90) days effective March 14,1995, for failure to have motor vehicle financial responsibility. The Defendant's letter, taken on information received from Erie Insurance Exchange, is attached as Exlu'bit "Bit hereto. 9. Because the purported cancellation of insurance coverage by Erie Insurance Exchange was given without notices required by law, it was void and of no effect. Consequently, the action of Defendant Commonwealth of Pennsylvania, Department of Transportation, is null and void and should be set aside by this Court. - 2 - Attorneys for Donald J. Keiser and Stephanie A. Keiser WHEREFORE, Plaintiffs request that the Court enter its Order declaring the Notice of Defendant for suspension of the registration of the Plaintiffs' Chevrolet Astro pursuant to 75 Pa.C.S.A. ~ 1786 be declared null and void and set aside. Respectfully Submitted, MILSPAW & BESHORE Date: 3)1~' - 3 - Allstate" You're in good Iumda. ALLSTATE INDEMNITY COMPANY PENNSYLVANIA HOME OFFICE NORTHBROOK, ILLINOIS Application No.. 378967943321826 Name. I . . Send Policy to Agent. N STEPHANIE A & DONALD J KEISER 312 BERKSHIRE ROAD MECHANICS BURG st. PA Zip. 17055 ( 717 ) 790 - 0406 County. 021 Terr.. 4800116 Applicant's Address City Telephone Num. VEHICLES No Yr Make Model 1 89 ASTRO PASSENGER 2 93 LUMINA A USE RATE Odom Car No (000) Usage 1 . 002 WORK 2 . 024 PLEASURE Miles One Way 09 COVERAGES AA Bodily Injury Ea Per Liability Ea Occ Ba Prop Damage Ea Occ Liability SS Uninsured Mot Bodily Injury Ea Per Ea Acc SU Under insured Ea Per Motorist Ea Acc CC Med Expenses Ea Per CF Funeral Exp Ea Per DO Collision Oed Oed HH comprehensive Oed Vehicle ID Number Cy lGNDM15ZlKB12167l 6 lGNDU06DlPT12444l 6 Dr CT PGS VSC 4 10 V MBl 4 10 Y C91 own I Cost Lease YIN YIN Date Est Ann Purch Mi (000) 09/88 010 03/93 010 LIMITS $50,000 $100,000 Incl Cmpr N N Split Terr Tier Weeks Rented Rare Rest N N 89 ASTRO PREMIUMS 72.00 Included 93 LUMIN PREMIUMS 45.00 Included PREMIUMS PREMIUMS $25,000 61.00 33.00 $25,000 11.80 11.70 $50,000 Included Included $25,000 8.70 8.60 $50,000 Included Included $10,000 $2,500 $500 $250 Estimated Vehicle Premiums $250 DISCOUNTS APPLIED G52-t 32.00 31.00 1.10 1.10 119.00 154.00 41. 00 77.00 346.60 361. 40 ITEM 1 ITEM 2 PAGE 1 OF MORE Allstate" You're In good bands. ALLSTATE INDEMNITY COMPANY PENNSYLVANIA Application No.1 378967943321826 HOME OFFICE NORTHBROOK, ILLINOIS Multiple Car Anti-Lock Brake x x X I ; Est. 6 mo. Policy Premium I $708.00 Premiums charged must be in accordance with the company's manual rules & rates Amount Paid I Payment Plan. 01 $363.00 ChecklMO LIENHOLDER Lienholder onl 93 LUMINA APV Name. HBG BELCO FCU city. HARRISBURG lGNDU06DlPT12444l Exp Yearl 97 Dir Code. Address. 403 N SECOND STREET State I PA Zip I 17108 HOUSEHOLD SECTION (APPLIES TO APPLICANT ONLY) Mo Yr at Present Residence. 06/91 Residence Typel HO own or Rentl OW Years at Present Employment I 5 Other Vehicles OWned in Household: N Is this the address where the vehicles are principally garaged? Y INSURANCE RECORD Prior Co. ERIE Exp Date: 11/01/94 Is the above policy JUA or (PRESENT OR MOST RECENT AUTO INSURANCE CARRIED) Policy Number. Q0528055l6H Years/Months Insured. 02/10 PI Code: OT Assigned Risk? N I I i I t I , I I With respect to the Applicant and all members of the household. A-Has an insurer cancelled or refused or given notice that it intends to cancel or refuse any similar insurance for misrepresentation of any material fact in the procurement or renewal of insurance or in the submission of claims? : N B-Has any license or permit to drive any motor vehicle been revoked, suspended or refused? . N C-Is the applicant the registered owner of the autos to be insured? I Y OPERATOR INFORMATION ON ALL DRIVING MEM8ERS OF HOUSEHOLD Name: STEPHANIE A KEISER Sex: F Relation to Ins: SA occupation. HO Orig Date Licensed: 06/79 Drivers Lic No: 19973363 Est \ Use of Item 11 005 Item 2. 075 Item 3. Item 4: DOBI 01/15/62 Mar st. MA State Lic. PA SS No. 169583123 PAGE 2 OF MORE G52-t Allstate" You're in good Iumda. ALLSTATE INDEMNITY COMPANY PENNSYLVANIA HOME OFFICE NORTHBROOK, ILLINOIS Application No.. 378967943321826 I understand that the coverage selections indicated above will apply to the insurance policy applied for and will continue to apply to each subsequent renewal, continuation, replacement or amendment of my policy unless I notify the insurance company or its authorized representative otherwise. I have read this application, including the binder provision, before signing. SIGNATURE II -.,2,-q 'f DATE SAR20-3 G52.1 PAGE 5 OF 5 .' .; CERTIFICATE OF SERVICE I hereby certify, that I have, this ~-fh day of In~ .1995, served a true and correct copy of the foregoing Praecipe to Discontinue via the United States Postal Service, first class postage prepaid and properly addressed to the following: Matthew Heckler, Esquire Harold H. Cramer, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel 103 Transportation and Safety Building Harrisburg, PA 17120 .2. t.... ..J . DONAlD J. KEISER and STEPHANIE A- KEISER, Plaintiffs IN 1lIE COURT OF COMMON PLEAS CUMBERLAND COUNlY PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEAL1lI OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendants NO: 95.1215 CIVIL TERM PRAECIPE TO DISCONTINUE TO 1lIE PR01lIONOTARY: Kindly mark this file discontinued by Plaintiffs. Respectfully Submitted, MILSPAW & BESHORE Date: B>J Marvi 130 S te Street P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorneys for Donald J. and Stephanie A. Keiser ~. ,....- ..-- -..... - 0-.__ ~_ e '", .. CERTIFICATE OF SERVICE I hereby certify, that I have, this ~-fh day of may_ .1995, served a true and correct copy of the foregoing Praecipe to Discontinue via the United States Postal Service, first class postage prepaid and properly addressed to the following: Matthew Heckler, Esquire Harold H. Cramer, Esquire Commonwealth of pennsylvania Department of Transportation Office of Chief Counsel 103 Transportation and Safety Building Harrisburg, PA 17120 .2. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DONALD J. KEISER and STEPHANIE A. KEISER, Plaintiffs v. COMMONWEALTH OF PENNSYLVANII DEPARTMENT OF TRANSPORTATIOl Defendants CIVIL ACTION - LAW NO. 92-1215 CIVIL TERM PRAECIPE TO DISCONTINUE . MILSPAW & BESHORE ATTORNEVS AT LAw 130 STATE STREET 1 P.O. Box 946 HARRISBURG. PENNSYLVANIA 17101 - PHONE 17171 236.0781 \:,~( 'JQ \ \ ,'i ~" '95 I F I~!- , I: . T ~f*1 :,',1 .~' _?t l' ".,. ":. i ,,'