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Home My WebLink About03-3854IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SAGAN, Petitioner COMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVING PRIVILEGE. TO THE HONORABLE JUDGES OF SAID COURT: Petitioner Robert Sagan respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. 91550 for review of an order of the Department of Transportation suspending petitioner's driving privilege, and in support thereof represents as follows: 1. Petitioner Robert Sagan is an individual residing 102 Ewe Road, Mechanicsburg, Pennsylvania. By letter dated July 10, 2003, petitioner was notified in writing by the Department of Transportation that his driver's license, number 27531597, was being suspended effective August 14, 2003 by reason of violation of Vehicle Code §3362, exceeding maximum speed. A copy of said notice is attached hereto and marked as Exhibit A. Petitioner respectfully prays that this appeal be allowed under 91550 of the Vehicle Code; that a hearing be granted de novo to determine whether petitioner is subject to suspension of his driving privilege; and that this appeal act as a supersedeas pending said hearing. I, Robert Sagan, depose and say that the averments of the facts contained in the within appeal are true and correct to the best of my knowledge. SWORN TO AND SUBSCRIBED BEFORE ME this day of , 2003 by Prothonotar] Deput] COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date= JULY 10, 2005 ROBERT SAGAN 102 EWE ROAD ~ECHANICSBURG PA 17055 WID t 031849283053281 001 PROCESSING DA?£ 07/03/2003 DRIVER LICENSE # 27531597 DATE OF BIRTH 06/26/1986 Dear MR. SAGAN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1558E of the Pennsylvania Vehicle Code. As a result of your 07/02/2005 conviction of violating Section 3362 of the Vehicle Coder EXCEEDING MAXIHUN SPEED, on Your driving privilege is SUSPENDED for a period of 90 DAY(S) effective 08/14/2003 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 shou[d fo[[ow ALL ~nstruct~ons very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your dr~v~ng privilege until al1 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 08/lq/2003. You may surrender these items before, 08/14/2005, for earlier credit; however, you may not drive after these items are surrendered. YOU HAY NOT RETAZN YOUR DRZVER'S PURPOSES. However, you may apply for and obtain a identification card at any Driver License Center for of $10.00. You must present two (2) forms of identification (e.g., birth certificate, valid passport, marriage certificate, etc.) in order to Your photo identification card. LZCENSE FOR ZDENTZFZCATZON photo a cost proper U.S. obtain You wtll not receive credlt toward servlng any suspension unt~[ we receive your [~censeis). Complete the following steps to acknowledge this suspension. 05184928305528! 1, 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 notarized 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 dr~ver"s l~cense, Remember: You may not retain your dr~ver~s license for ~dent~f~cation purposes, Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learnerts permit(s), and/er a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive 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. 3. If you do not return a11 current driver license products~ 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 from a suspension/revocation of your driving privilege. To 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. 0518~9285055281 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 insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvaniao Zmportant= 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 r/ght to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 10, 2003, of this letter. If you ~tle an appeal in the County Court, the Court w111 glve you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFZC/AL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 08/1~/2003. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-I6LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA I7106-B693 [NFORNATION (7=00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AH TO 9:00 PH) 1-800-932-~600 717-$91-6190 1-800-228-0676 717-391-6191 COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 JULY 10, 2005 MECHANICSBURG PA 17055 ROBERT SAGAN 031849283053281 0Q1 102 EWE ROAD 07/03/2003 27531597 06/26/1986 Dear Motorist: Your conviction on 07/02/2005 for violating Section 5562 of the Vehicle Code, EXCEEDING NAXIHUN SPEED, on 06/22/2005 mandates a 5 point assessment to your driving record. Your record now shows a total of 5 points. Your total point accumulation is 5 Points. You will be notified at a future date regarding your Departmental Hearing as a result of this point assessment. Please drive carefully as this Bureau is dedicated to maintaining safety on the highways of this Commonwealth. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-952-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-DF-STATE 717-391-6191 COHNONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= JULY 10, 2005 TO THE PARENT OR ROBERT SAGAN 102 EWE ROAD GUARDIAN OF MECHANICSBURG PA 17055 WID e 031849283053281 001 PROCESSING DATE 07/03/2003 DRIVER LICENSE ~ 27531597 DATE OF BIRTH 06/26/1986 Dear Parent or Guardian: PennDOT is concerned about young driver safety. In light of this concern, we are notifying you of the following action on ROBERT's record= Description= EXCEEDING MAXIMUM Violation Date= 06/22/2003 Sanction= SUSPENSION Term= 90 DAY(S) Effective Date= 0B/1~/2003 SPEED PennDOT has notified ROBERT of this action. Please remember ~hat you may withdraw your consent for your young driver's license until the age of lB. Sadly, 16 year old and 17 year old drivers have by far the highest crash rate of any age group on Pennsylvania's high- ways. Please encourage your Young driver to improve their driving performance in the future. Sincerely, Customer Service Team COMMONWEALTH OF PENNSYLVANIA .. ~' ~. ~,,CITATION NO. ...... · ~,,~- L 01'9624~'2 ~. ~ ~ ~o. CITA~iN~/SUMMONS 2 ~;~ ' "' -' COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Plaintiff ROBERT SAGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 03-3854 CIVIL TERM ORDER OF COURT AND NOW, this 13® day of August, 2003, upon consideration of Defendant's Petition for Appeal from Order of Department of Transportation Suspending Driving Privilege, a hearing is scheduled for Thursday, October 23, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. DEFENDANT IS hereby directed to file, within 20 days of the date of this order, a supplement to the Petition indicating why the suspension is improper. BY THE COURT, George Kabusk, Esq. Assistant Counsel /f)epartment of Transportation Motor Vehicle and Traffic Safety Section 3rd Floor, Riverfront Office Center I I01 South Front Street Harrisburg, PA 17104-2516 Attorney for Plaintiff 'i.3 -OB .,.,Robert Sagan 102 Ewe Road Mechanicsburg, PA 17055 Defendant, Pro Se :rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA/~IA ROBERT SAGAN, PETITIONER, VS. COMMONWEALTH OF PENNSYLVANIA, DEPkRTMENT OF TRANSPORTATION, RESPONDENT. CIVIL ACTION - LAW No. 03-3854 SUPPLEMENT TO PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVING PRIVILEGE. TO THE HONORABLE JUDGES OF SAID COURT: Petitioner Robert Sagan respectfully files this supplement to the Petition as directed by this Court in its order of the 13tn of August, 2003. The Petitioner represents as follows: 1. Petitioner Robert Sagan is a minor residing at 102 Ewe Road, Mechanicsburg, Pennsylvania. 2. This court has directed by Order dated 13tn of August, 2003 that Petitioner shall file a supplement to his Petition indicating why the suspension is improper. 3. The Petitioner believes that the suspension is improper for the reasons that the Officer issuing the citation failed to advise that the Petitioner that failure to appear at a Magistrate Hearing or a guilty plea would result in suspension of Petitioner's driving privilege; that suspension of Petitioner,s driving privilege will resu].t in undue hardship in Petitioner's employment; that there is a material question as to whether the Petitioner's vehicle was the vehicle alleged to be exceeding the maximum permissible speed; and that a defect rendered the speedometer of Petitioner's vehicle inoperative so that Petitioner had no reliable method of ascertaining the speed of Petitioner's vehicle; and that Petitioner was driving with the speed of surrounding traffic. I, Robert Sagan, depose and say that the averments above are true and correct to the best of my knowledge. SWORN AND SUBSCRIBED BEFORE ME This day of , 2003 Respectfully,,~ubmitted, ,/ '- Robert Sagan By_ Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Plaintiff ROBERT SAGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3854 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVING PRIVILEGE ORDER OF COURT AND NOW, this 19th day of September, 2003, due to a conflict in the Court's schedule, the hearing previously scheduled in the above matter for October 23, 2003, is rescheduled to Friday, November 14, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. George Kabusk, Esq. Chief Counsel's Office Pennsylvania Department of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Appellee BY THE COURT, /~Vesley Oler,~r~) Robeff Sagan 102 Ewe Road Mechanicsburg, PA 17055 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Plaintiff ROBERT SAGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3854 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of' November, 2003, upon consideration of Defendant's Petition for Appeal from Order of Department of Transportation Suspending Driving Privilege, and following a hearing, the petition is denied, and the suspension imposed by the Pennsylvania Department of Transportation appealed from is affirmed. By the Court, ~overly J. Points, Esquir~UWesley Ol~Jr.~ Assistant Counsel Vehicle & Traffic Law Division Pennsylvania Department of Transportaticn Governor's Office of General Counsel 110 S. Front Street Harrisburg, PA 17104-2516 For the Plaintiff /obert Sagan, 102 Ewe Road Mechanicsburg, Defendant Pro Se PA 17055 wcy