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Home My WebLink About02-4425APPELLANT : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : COMMONWEALTH OF PENNSYLVANI~ PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING AND NOW, this ~ day of shall be held on ~ day of at !~he Cumberland County Courthouse. ORDER OF COURT __, 20__, based upon Appellant's Appeal, a heating ,20 , in Courtroom at~ clock .m. Appellant Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. o.~- PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGIS'I RATION 1. Appellant herein is residing at and having a m~.iling address of: 57 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai,lng address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 1 7123. ~ Departme;~t of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated _. ~¢~Z , a copy of which is attached hereto as Exhibit A, the De?artment 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)f1)(ii, Appellant is retaining driver's license until final determination of the suspension of operating privilege. ~ Pursuant to 75 Pa.C.S.A. § 1550fb)(1)(ii), a hearing attended by the App6~lant 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. § 1377fa), Appellant is retaining motor vehicle regis .ration until final determination of the suspension of registration. 5. The said SUSpension of Appellant's operating privileges / registration is improper or unlawful for the following reasons; Appellant respectfully requests that this matter be set down for a hearing and that the order of suspension / order of denial be set aside. Respectfully submitted by, -2- I verify that the statements made in this Petition are true and correct. I unde stand that false statements herein are made subject to the penalties of 18 Pa,C S.A. § 4904, relating to unsworn falsification to authorities. Appellant -3- EDWARD PENNYPACKER 5 DULLES DRIVE WEST CAMP HILL. PA 17011 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG~ PA 17106-8674 OFFICIAl. NOTICE MAIl. I)ATE: 08119102 Information (7:00 AM to 9:00 PM) Pennsylvania 800-932-4600 Out of State 717-391-6190 TI)I} Pennsylvania 800-228-0676 TDD {)ut of State 71%391-6191 Dear Motorist: You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) covering the operation of the following vehicle: MAKE: GMC, BODY TYPE: TRUCK, VIN NO: IGDG7DIB6GVSI6504, TITLE: 38283620, TAG NO: YBGS099. This information was requested as a result of this Bureau being notified by ERIE INSURANCE EXCHANGE that Ihe insurance policy covering the vehicle was terminated on 05/24/02. Either no response was received or the information you provided indicated a lapse of coverage which was not permitted under Section 1786 of the Vehicle (:ode. As a result, the vehicle registration privilege will be suspended for three mouths effective 09/23/02 at 12:01 A.M. ms authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtain reconsideration of this order by submitting a copy of your insurance identification card, the declaration page of your insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto lusurance Plan as evidence that the described motor vehicle was continuously covered by liability iusurance. If there was a lapse in insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of coverage of less than 31 days from 05/24/02, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is necessary for you to provide copies of the insurance documents and return them with this notification. A self addressed label is enclosed for your convenience. Please note that original documents will not be returned. This is a final order of suspension and unless you receive notice from this Department that reconsideration was granted, you will be required to return your current registration plate, sticker and card. Additionally, credit to~vard serving the suspension will not begin until the registration plate is received by the Bureau. You will be required to pay a restoration fee in the amount of S50.00, to the Department in accordance with Section 1960 of the Vehicle Code. Please see the enclosed_ application for additional restoration lee information. XVe have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. You have the right to appeal this suspension lo the Court of Common Pleas of the county of vour residence within thirty (30) days of the date of this notice. Sending a copy to this Department of a fimels~, fil~d appeal will stay the Department's action pending a final decision by the court. Tbe copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL, THIRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. APPELLANT V : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRWER LICENSING * ORDER OF COURT AND NOW, this ~l'/~day of .~ shall be held on'~t~/i01'x~e'' pellant's Appeal, a hearing · at .the Cumberland County Courthouse. EDWARD PENNYPACKER, APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE 02-4425 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION ORDER OF COURT AND NOW, this ~' I[' _ day of December, 2002,, the appeal of Edward Pennypacker from the suspension of his registration privilege for three months, IS DISMISSED. By the~>~u~'", ~ Edgar B. IBa~ley, J. -- ~,. Edward Pennypacker, Pro se 5 Dulles Drive West Camp Hill, PA 17011-1111 Terrance M. Edwards, Esquire For the Department of Transportation :sal EDWARD PENNYPACKER, APPELLANT IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE 02-4425 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF VEHICLE REGISTRATION OPINION AND ORDER OF COURT Bayley, J., December 18, 2002:-- Appellant, Edward Pennypacker, filed this appeal f~rom the suspension of a vehicle registration for three months pursuant to the Vehicle Code at 75 Pa.C.S. Section 1786(d), which provides: Suspension of registration and operating privilege.--The Department of Transportation shall suspend the registration of a vehicle for a period of three months if it determines the required financial responsibility was not secured as required by this chapter... VVhenever the department revokes or suspends the registration of any vehicle under this chapter, the department shall not restore the registration until the vehicle owner furnishes proof of financial responsibility in a manner determined by the department... This subsection shall not apply in the following circumstances: (1) The owner or registrant proves to the satisfaction of the department that the lapse in financial responsibility coverage was for a period of less than 31 days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse in financial responsibility .... (Emphasis added.) Appellant had a commercial vehicle policy issued by Erie Insurance Group. He 02-4425 CIVIL TERM sent a $157 check to Erie dated May 18, 2002, for a premium due on the policy. The check did not clear the bank, and was returned by Erie to appellant with a notice dated June 20, 2002, which stated: We are writing in regard to your payment for $157.00 that we received on May 25, 2002 and applied to your policy referenced above. Upon presentation to your financial institution, your payment was not honored and was returned to us unpaid. Accordingly,. this amount along with a returned check fee of $3.50 has been charged back to your policy and currently our records indicate a balance of $475.00. Our previous notice acknowledging your payment of $157.00 and rescinding the cancellation stated, "This notice shall be effective only if your payment is honored when presented to your financial institution." Unfortunately, your payment was not honored and our previously named cancellation date of May 24, 2002 stands. Your policy remains cancelled as of 12:0~ a.m., Standard Time, May 24, 2002. (Emphasis added.) Appellant obtained new insurance coverage on his commercial vehicle on June 27, 2002, with the Northern Insurance Company. He maiintains that the lapse of insurance occurred for only the seven days between Erie's cancellation notice dated June 20, 2002, and June 27, 2002 when he obtained the new policy with Northern. He testified that he did not operate his vehicle during the period that his insurance was cancelled.' He maintains that he received no notice frorn Erie of the cancellation of his insurance before June 27, 2002. Appellant's position belies Erie's notice of June 20, 2002, which states that appellant's $157 check, which it received on May 25, 2002, was only effective to rescind a prior cancellation notice effective May 24, 2002, if the check , PennDOT does not contest this averment. -2- 02-4425 CIVIL TERM was honored. Appellant cannot avoid the suspension of a 'vehicle registration based on sending a premium check that was not honored. When thE; check bounced the cancellation was effective May 24, 2002. The lapse of insurance occurred from May 24, 2002, until June 27, 2002, a period in excess of 31 day's. Pursuant to Section 1786(d)(1) of the Vehicle Code, PennDOT was mandated to suspend appellant's vehicle registration when financial responsibility was not secured as required. Pray v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, 708 A.2d 1315 (Pa. Commw. 1998). ORDER OF COURT AND NOW, this ~ day of December, 2002., the appeal of Edward Pennypacker from the suspension of his registration privilege for three months, IS DISMISSED. Edward Pennypacker, Pro se 5 Dulles Drive West Camp Hill, PA 17011-1111 Terrance M. Edwards, Esquire For the Department of Transportation By the Co~=~:t.~'-~ ~~"~ Edgar B. Bayley, '~-I :sal -3-