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HomeMy WebLinkAbout03-1433ROBERT G. SOBANSKI COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF TRANSPORTATION, · BUREAU OF DRIVER LICENSING · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, RobeK G. Sobanski, by and through Nealon & Gover, P.C., and makes the following averments in suppo~ of th~ Li~ns~ Suspension Appeal: 1. Petitioner is a Pennsylvania licensed driver with a residence address of 3804 Dorset Drive, Mechanicsburg, Pennsylvania 17055. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner was arrested by the Pennsylvania State Police on December 30, 1999 for Involuntary Manslaughter (18 Pa.C.S.A. §2504), Homicide by. Vehicle While Driving Under the Influence (75 Pa.C.S.A. §3735), Homicide by Vehicle (75 Pa.C.S.A. § 3732), Driving Under the Influence (75 Pa.C.S.A. § 3731), Reckless Driving, (75 Pa.C.S.A. § 3736), Careless Driving (75 Pa.C.S.A.§ 3714) and Driving on Roadways Laned for Traffic (75 Pa.C.S.A. § 3309). 4. Petitioner pleaded guilty 1~o Homicide by Vehicle (75 Pa.C.S.A. § 3732), Reckless Driving, (75 Pa.C.S.A. § 3736) and Recklessly Endangering Another Person (18 Pa.C.S.A. § 2705) on July 9, 2001. 5. Petitioner was also sentenced on July 9, 2001, but due to a subsequent appeal to the Superior Court of Pennsylvania, said sentence was vacated and a new sentence was imposed on December 17, 2002. 6. Petitioner received a notice of license suspension by way ~of'lett~r dated February 28, 2003 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on April 4, 2003, at 12:01 a.m. for a period of six (6) months for a violation of Section 3736 of the Vehicle Code. See Exhibit "A' attached hereto and incorporated herein by reference. 7. Petitioner also received notice of license suspension by way of letter dated February 28, 2003 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on October 4, 2003, at 12:01 a.m. for a period of one (1) year for a violation of Section 3732 of the Vehicle Code. See Exhibit "B" attached hereto and incorporated herein by reference. 8. The proposed suspension is illegal, improper and invalid because the doctrine of merger should apply to the suspensions for Homicide by Vehicle and Reckless Driving as they both arose from a single act or occurrence. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notices of February 28, 2003 and schedule a hearing to"determine the validity of the suspension proposed by the Department in Exhibits "A" and "B". Respectfully submitted, NEALON & GOVER, P.O. Date: By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 ~/ERIFICATION I, Brian R. Sinnett, Esquire, make this Verification on behalf of the Petitioner, Robert Sobanski, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 P_a.C.S.A. §4904 rela_ti_n.g, to ~unswOrn falsification to authorities. Brian R. Sinnett, Esquire COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: ~EBRUARY 28, 2003 ROBERT GERARD SOBANSKI 3804 DORSET DR MECHANICSBURG PA 17055 WID # 030526117914743 001 PROCESSING DATE 02/21/2003 DRIVER LICENSE # 23306420 DATE OF BIRTH 06/18/1956 Dear MR. SOBANSKI: This is an O~ftctal Notlce of the Susmenslon of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 07/09/2001 conviction of violating Section $756 of the Vehicle Code RECKLESS DRIVING on 12/30/1999: Your driving privilege .is SUSPENDED for' a peptod of 6 MONTH(S) effective 04/04/2003 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instruct/ohs very carefully. Even if you have served all the t/me on the suspension/revocation, we cannot restore your drlvtng priv- ilege until ali the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return'all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 0~/0~/2003. You may surrender these items before, 0q/0~/2003, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCAT/ON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You wlll not recelve credit toward serving any suspension untll we Pecelve your license(s). Complete the following steps to acknowledge this suspension. 050~2fi11791~7~$ Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nora- r/zed letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing _ .-. _ P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your Pennsylvania driver's licenseCs), learner's permitCs), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began· If you do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license pro- ducts, we must refer this matter to the .Pennsylvania State Police for prosecution under SECTION 1571(a)(~) of the Pennsylvania Vehicle Code· PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored To from a suspension/revocation of your driving privilege. pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. 03052611791~7q$ PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZmpoPtant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers llsted at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, FEBRUARY 28, 2005, of this letter. Zf you file an appeal in the County Court, the Court wlll give you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this t/me-stamped certi- f/ed copy of the app=al by certified mail to= Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710fi-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENS/ON. You must return all current Pennsylvania driver license products to PennDOT by Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O.' Box 68695 Harrisburg, PA 17106-8695 INFORMATION (7:00 AH TO 9:00 PM) IN STATE 1-800-952-q600 OUT-OF-STATE 717-591-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of ~river Licensing Maii Date: FEBRUARY 28, 2005 ROBERT GERARD SOBANSKI 3804 DORSET DR MECHANICSBURG PA 17055 WID ~ 030526117914755 001 PROCESSING DATE 02/21/2003 DRIVER LICENSE t 23306420 DATE OF BIRTH 06/18/1956 Dear MR. SOBANSKI: This is an .Official Notice ot' the Suspension of your Dr~'ving Privilege as authorized by Section 1552A of the Pennsylvania Vehicle Code. As a result of your 07/09/2001 conviction of violating Section 3752 of the Vehicle Code HQMICIDE BY VE- HTCLE on 12/30/1999: · Your driving privilege is SUSPENDED for a period of 1 YEAR(S) ef~ectSve 10/04/2003 at 12:0! a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 0q/0q/2003. You may surrender these items before, 0~/04/2003, for earlier credit; however, you may not drive after these items are surrendered· YOU MAY NOT RETAZN YOUR DRZVER~S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You w111 not recelve credlt toward servlng any suspension untll we recelve your license(s). Complete the following steps to acknowledge this suspension. Return all current Pennsylvania driver's licenses, .learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized letter stating you are aware of the suspension of your driving priviiege. You must specify in your letter 050526117914755 why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the-date that credit bega~. If you do ceive a receipt from us within 5 weeks, please contact our office· Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(~) of the Pennsylvania Vehicle Code. PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZmpoPtant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil D/v/sion) within 50 days of the mail date, FEBRUARY 28, 2005, of this letter. Zf you ~tle an appeal In the County Court, the Court Nlll glve you a time- stamped cePtl~led copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counse! Third Floor, Riverfront Office Center Harrisburg, PA 17104-25Z6 03052~11791~75~ Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current, Pennsylvania driver license products to PennDOT by 0~/0q/2003. Sincerely, Rebecca_L. Bickley, Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE ~ 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 CERTIFICATE OF SERVICE AND NOW, this ~'¢(/'~ day of March, 2003, I hereby certify that I have served the foregoing LICENSE SUSPENSION APPEAL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Harold H. Cramer, Es~luire ----' -- ' 1101 South Front Street Harrisburg, PA 17104-2516 Brian R. Sinnett, Esquire ROBERT G. SOBANSKI COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~ day of ~.~_L, 2003 upon Petition of Robert G. Sobanski, a hearing is set on the License Suspension Appeal for the ,=2¢day of ~,,~_,z~ , 2003, at /"~O o'clock_/~_.m, in Courtroom Number_ / , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. I z. u, _[ 't Petitioner's appeal shall act as an automatic sun~r~,rl~oo t~"~rl,----'~*~ ~"~,~ ~"~11"'"~'1"~Ii" t'~ ~ UI¢;~L~ r. Distribution. Prothonotary's Office Harold H. Cramer, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 Brian R. Sinnett, Esquire 2411 North Front Street, Harrisburg, PA 17110 BY THE COURT: ~ .~,~ ROBERT G. SOBANSKI COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1433 LICENSE SUSPENSION APPEAL PRAECIPE TO SUBSTITUTE VERIFICATIOI" TO THE PROTHONOTARY: Please substitute the attached Verification of Plaintiff Robert G. iSobanski for the Verification of counsel attached to Sobanski's License Suspension Appeal. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 yERIFICATION I, Robert Sobanski, verify that the statements made in the! foregoing License Suspension Appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unsWom falsification to authorities. Date: ¥- 3 -,.3 Robert Sobanski CERTIFICATE OF SERVICE AND NOW, this ~7' ~lday of April, 2003, I hereby certify that I have served the foregoing Praecipe to Substitute Verification on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, add!essed to: Harold H. Cramer, Esquire 1101 South Front Street : Harrisburg, PA 17104-2516 Brian R. Sinnett, Esqu~ ROBERT G. SOBANSKI : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING : NO. 03-1433 CIVIL LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW APPEAl Please mark the above matter settled, discontinued and satisfied which is currently scheduled for July 2, 2003 at 1:30 p.m. Respectfully submitted, NEALON & GOVER, P.C. By: Brian R. Sinhe~, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SER¥1CF AND NOW, this 27th day of June, 2003, I hereby certify that I have served the foregoing Praecipe to Withdraw Appeal on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: George H. Kabusk, Esquire Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division Riverfront Office Center - Third Floor 1101 South Front St. Harrisburg, PA 17104-2516 Eileen S. Sm~,,/S~cretary t / ROBERT G. SOBANSKI,: Petitioner : V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER : LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1433 CIVIL TERM ORDER OF COURT' AND NOW, this 27th day of June, 2003, upon relation of Brian R. Sennett, Esq., attorney for Petitioner, that he is withdrawing Petitioner's License Suspension Appeal, the hearing previously scheduled for July 2, 2003, is cancelled. BY THE COURT, Brian R. Sinnett, Esq. 2411 North Front Street Harrisburg, PA 17110 Attorney for Petitioner Harold H. Cramer, Esq. 1101 South Front Street 3~d Floor Street Riverfi'ont Office Center Harrisburg, PA 17104-2516 Attorney for Respondent ~vesleyOler~_~~ -' L~.. :re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff VS, LOREN G. FOSTER and JUDY A. FOSTER 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants NO. 03-1443 CIVIL ACTION - MORTGAGE FORECLOSURE PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against: Defendants and/or responsive pleading for want of an appearance (x) Assess damages as follows: Debt .................................... $100,215.31 Interest from 3/26/03 to 8/8/03- $ 3,549.15 Attorney's Commission ........ $ 4,802.64 TOTAL ................................ $108,702.10 (x) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( ) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (x) . pursuant to Pa.R.C.P. 237.1, I certify that written noti. j~ of the int..mtt~n to file this praecipe was mailed or dehvered to the party against whom judgment is to b,e'ent~red an~to h'.~/her Attorney of Record, if any, after the default occurred and at least ten days prior to t~ dat~f the ~llin~f)f this Praecipe and a copy of the notice is attached. DATE: August 8, 2003 ~Jignature: '~ ~ /~ / Print Name: FRANK L. M/~CT_~, JR., ESQUIRE Attorney for: PLAINTIFF/ Address: 3644 ROUTE ~7,3, SUITE A BETHLEHEM,~A. 18015 Telephone: (610) 317-0778 Supreme Court ID No.: 17638 NOW, j~,~ ~ ! ,20 03, JUDGMENT IS ENTERED AS ABOVE. /') Pr~'tho-n~tary/Clerl{, CiviTDi,)i~h'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff VS. LOREN G. FOSTER and JUDY A. FOSTER 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants NO. 03-1443 CIVIL ACTION - MORTGAGE FORECLOSURE TO: LOREN G. FOSTER 5233 DUFFIELD STREET, APT. 2 PHILADELPHIA, PA. 19124 JUDY A. FOSTER 5233 DUFFIELD STREET, APT. 2 PHILADELPHIA, PA. 19124 DATE OF NOTICE: JULY 29, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAEANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR Ap%.q/)..CIATION 2 LIBERTY AVENUE./-'"~ / '~ CARLISLE, PA 17/~13 ~/ ! J TEL~O0) 990-9108 FRANK L. MA~J'~Z~N', JR., ESQUIRE ATTORNEY F~C R'PLAINTIFF ATTORNEY I.[;. NO. 17638 3644 ROUTE 378, SUITE A BETHLEHEM, PA 18015 (610) 317-0778 (610) 317-0782 (FAX) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER 200 E, Keller Street Mechanicsburg, Pa. 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE STATE OF J/~)~f ) SS.: The undersigned, being duly sworn according to law, deposes and says that to the best of his/her knowledge, information and belief, the Defendants, Loren G. Foster and Judy A. Foster, are adult individuals; that their last known address is 5233 Duffield Street, Apartment 2, Philadelphia, Pennsylvania 19124; that their employment is in private industry; and that they are not in the Military or Naval Service of the United States of America or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, and/or its amendments. SWORN TO AND..,~UBSCRIBED before me this .,'!,/'~ay of ~ , 2003. NOTARY' PUBLIC ~..'2~'~...~ ~ ~ .. ~o/os ... ~ ~ -.7~;" ......... [~',* CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO.