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HomeMy WebLinkAbout07-3437Soheil Sabet-Rasekh IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA Vs. COMMONWEALTH OF PENNSYLVANIA NO: ~7. 3Y 3 ? (~;,,( Tw. DEPARTMENT OF TRANSPORTATION DRIVING PRIVILEGE BUREAU OF DRIVER LICENSING SUSPENSION APPEAL Respondent TO THE HONORABLE JUDGES OF SAID COURT And now on this l la' day of June 2007, comes Soheil Sabet-Rasekh, by himself and respectfully files the following Motor Vehicle Driving Privilege Suspension Appeal as follows: 1. Petitioner, Soheil Sabet-Rasekh, is an adult licensed driver with a residence address of 529 First Street, Carlisle, Pennsylvania 17013. 2. The Department of Motor Vehicles had an address of P.O. Box 68674, Harrisburg, PA, 17106-8674. Petitioner received notice of a proposed suspension for mailing to respond to citation number E868235 issued on 01/15/2007. 3. I wish to appeal this based on the following a) When I received the notice from the CUMBERLAND CO COURT, CO COURTHOUSE, FAYETTEVILLE, NC, I was unable to appear on the court because I had just gone through a surgery. b) I faxed my doctor's note to the above court, indicating that I cannot make a court appearance because of my injury. c) I did not receive any notices from the court until Apri14~ 2007 when I received an official notice from the State Of North Carolina, Department Transportation, Division of Motor Vehicles, indicating that my driving privileges will indefinitely be suspended starting June 8~`, 2007. d) On May 19~', 2007 I received an official notice from the Department of Transportation in Pennsylvania, indicating that my driving~rivileges will be suspended in the state of Pennsylvania starting June 23` , 2007. e) I would have made a court alPP~ce on February 20~', 2007 if I was not injured. Isuffered apartial-amputation of my great toe during a crash injury at work on January 30~', 2007. After going through two surgeries, I had my great two removed and I was not able to walk for several weeks. f) I need to get to work four days a week and I have no means of transportation if I lose my driving privileges. .. ,_, „ 1~ i - ..+ ~ ~ NORTH CAROLINA UNIFORM CITATION-DEFEND~ANa'~'S COPY ~STATE~©F NORTH CAROLINA CUMBERL,ANI) Count~• District Cotut Ct_ation No. E86823~ - - _ ~ i ~- .., - ~ T(~ THE DEFENDANT 1VAMED BELOW: ~ ou hacz barn chargzd ~~~th {13e_misdzmzana~(s) or utfractron(s)_spacifizd below_ Read this citation carefully: ~ ! ; _ -- _ -- YOUR COURT DATE AND LOCATIO~- '~ ~ ] ` Court pay Ol Wee : ~ Dare 'Time Court Location (CourVoom - ~~ 002C 'TUESDAY ~ 02/20/2007 09:00 AM ~ FAYE1'FEVII.LE _ -- --- LTHE STATE OF NORTH CAROLINA. VS. - - - - - ..State Zip - ~ Address .. - _ Cry Name Of Defendant - ~ CARLISE PA 117013 ~ 529 FIRST S T RASEKH, SOHEIL SABET - , - Dnvers Lreerrse N_a ', Slate ~ xrurce -CDL ' Class ~ - Race, ~ 'Gender -. ~ ~ ~ Oste 0I Bidh Age ~ Sooa/Security Na ~I ~27701,~a.~° _, DL NO ~' C OTHER ~ MALE ~ PA _ ' ' ~ 62/09/1961 . i ={5 `^ - ~' - VS'`)`IAT YOU ARE ~ GED WITH ;, ~'YAR .~~- The otTicer named below has probable c~nse to beheve that on or about MONDAY ,the 15 iiay bf •~ANCIARY_ .; ,2067 at I~ 41fi F~Ivt - in the cottnh named above you did unlau-fully and vviIlfitlly OPERATE A iV10TOR VEHICLE c)N .-t STREET OR H'IGH1~ti`AI ~T ~ SP~vF >a ~ '~f PSI ,: I\ A 7Q ~IPH ZONE. (G.S. 20-11(71)) . = , ' _ ~ _ _ a o~-z ~•ou t e~~itt ~r an an on or a out , t e v o at ul a count} name ~~illfully ., _ YOUR V)?r~IIGLE i __ _ -.. T ' Vehicle License No Slate Trader Type CMV Vehicle Type ~ Make Year Haz. Maf ~26M-t71 MD NO SPORT iJTII,FTY VEHICLE i CHEVROLET 2007 ' NO _._ _ .~~~.... -,, OTI€ER INFORMATION ~ - __,,__'- _ __-~ ,:: ~ --- Nea ,Weather Visibility Traffic j Accident ~ Speed ~ On Highway No/SYreet - ~ ~ ALE.-~A 1, CLIiAR ILIGI{r ~ '.OPE~C i NO I R H~ S 195 `~' fi/cry or Senous to/cry, ~ ShP Code ~ ~ !n Viernity/City OI ~AUNe~r lntarsertion ~ • r-~. -- -._.-----..-_ - i ~ ___ j CHARGING OFFICER INFORMATION ~_ - _ -- - - - - - e7ate freer ~ No: LawEnloreementAgency ! Troop/Squad OisMcUZone Signature O`O 01/1 ti/20f)7 TRP. i L H7NSON ~ 2569 STATE HIGHWA1l PATROL ! B I' ~' IMPORTANT NOTICE T T You must appear in Distrct.Court on the court date, tune; and location sho~~n abovz. 1. If you fail to appear andyou did not post a cash brnid, criminal process 1}ta~~ be issued agautst Cott and~~ou may be arrested fur v'ottr failure to appear; your d`nvers license will be re~•oked, and additional fees will be assessed along with all other costs. , 2. Ifyou fail to appear and }'ou did post a cash bond; criminal process may b>: issued against you andyou may be arrested for ~~our failure tg~: ail other s; the sh bond kill tie f rfeited and y a ear; add tional fees vrill be assessedalon ost tu failure to a will liz treated as a hith o PP g PPS s p b o p } ( ) o conviction b -the Division of Motor Vehicles DMV resaltin m Quits a~atnst your dri~°inQ record and ssible license revocation; and the forfeiture of your cash bond v-ri11 not dispose of the charge(s) against you irt'court. i- i i ~ ~- i z, ~_ ~ j - ~ ~ ` a ~-• _ _, • " F. ~ ~ ; F THOMAS J. GREEN, MD Orthopedic Surgeon DANIEL P. RELY, MD Orthopedic Surgeon MICHAEL J. OPLINGER, MD Orthopedic Surgeon JAMES A_ OLIVERIO, MD Orthopedic Surgeon THE ADVANCED CARE YOU NEED • Sports medicine • Joint replacement • Knee & shoulder injnries • Work injuries • Children's orthopedics • Foot & anlde injuries • Neck & backinjuries • Arthrifls • Osteoporosis • Fracture & trauma care THE CONVENIENCE & COMFORT YOU DESERVE • Most insurance accepted & filed • Visa & MasterCard honored • Personal checks accepted • X-rays, DEXA scanner on site • State-of-the-art technology • Relaxing environment • Handicapped-accessible • Friendly staff 1 Dunwoody Drive Carlisle • PA • 17013 Fax: 717-249-6235 February 8, 2007 RE: Soheil Rasekh DOB: 02-09-1961 State of North Carolina Cumberland County District Court To whom it may concern: Mr. Rasekh is a patient of mire who unfortunately sufferer. a partial-amputation of his great toe during a crush in}ury at work on January 30, 2007. He has had some complications with this injury, and now has to return to the operating room for a revision of his amputation of his great toe. Because of this he will be unable to make a court appearance on the February 20th as he will have to keep off of this foot for several weeks, and the tong drive in his ear would be detrimental to the healing process of his foot. He maybe able to make it down to North Carolina some time after the I st of March. but prior to that I feel that it would not be in the patient's best interest to do so. Therefore, a delay in his court appearance would be very benefcial to I?im. Thank you. This is regarding citation number E868235. Sincerely, c ~..,.. ~.r "! ~~/ :~ ~iwlichael 3. C?p ~ ger, M.13. Iv1J0!DS-amh CALL: 7'17-249-6712 WWW.AOCENTER.COM Up-to-date. Down-to-earth. Close to borne. LllLSSUSQ030i d~~~G ~~ ~~~. ~~ r. ~~' ` "''fit -~' ~~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISIO:v OF MOTOR VEHICLES GOVERNOR 1100 NEN BERN AVENUE RALEIGH, N.C. 27697-0001 (919) 715-7000 04/09/2007 SOHEIL SABET RASEKH 529 FIRST ST CARLISE PA 15204- ' OFFICIAL NOTICE CUSTOMER N0. 000039427601 LYNDO TIPPETT SECRETARY EFFECTIVE 12:01 A.M., 06/08/2007, YOUR NORTH CAROLINA DRIVING PRIVILEGE IS SCHEDULED FOR AN INDEFINITE SUSPENSION IN ACCORDANCE WITH GENERAL STATUTE 20-24.1 FOR FAILURE TO APPEAR AS FOLLOWS: VIOLATION DATE: 2007-01-15 CITATION NUMBER: OE868235 COURT: CUMBERLAND COUNTY COURT PHONE: (910)678-2902 YOU MUST COMPLY WITH THIS CITATION PRIOR TO THE EFFECTIVE DATE IN ORDER TO STOP THIS SUSPENSION. DURING THIS SUSPENSION, YOU ARE PROHIBITED FROM DRIVING A MOTOR VEHICLE IN THE STATE OF NORTH CAROLINA. NOTE: THE DIVISION OF MDTOR VEHICLES CANNOT ACCEPT PAYMENTS FOR FINES AND COSTS IMPOSED BY THE COURTS. YOU MUST CONTACT THE COURT TO COMPLY WITH THIS CITATION. REINSTATEMENT PROCEDURES: UPON COMPLIANCE WITH THIS CITATION, YOU WILL ALSO BE REQUIRED TO PAY A RESTORATION FEE OF 550.00 TO THE DIVISION OF MOTOR VEHICLES BEFORE YOUR NORTH CAROLINA DRIVING PRIVILEGE CAN BE RESTORED.-- UPON PAYMENT OF THE REQUIRED RESTORATION FEE AND NOTIFICATION OF COMPLIANCE FROM THE COURT, YOUR NORTH CAROLINA DRIVING PRIVILEGE WILL BE REINSTATED, ft~V11 l l/EU TIICRC ARE 1`fU utHEe~ Jl)Jrtl`IJ1UiYJ 1M ttrCl,l AI ItiHt I lMt. AT THE TIME OF ISSUANCE OF YOUR DRIVER LICENSE, YOU MUST PRESENT PROPER IDENTIFICATION AND PROOF OF AGE. THIS ORDER IS IN ADDITION TO AND DOES NOT SUPERSEDE ANY PRIOR ORDER ISSUED BY THE DIVISION OF MOTOR VEHICLES. IF ADDITIONAL INFORMATION IS NEEDED, YOU MAY CONTACT A REPRESENTATIVE OF THE DIVISION AT (919)861-3807. Brenda Mills Freeman, Assistant Director Driver License Section VISIT US ON THE FtEB AT 1tNM1. DMV. DOT. STATE . NC . US COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 19, 2007 S4HEIL SABET-RASEKH WID # D71326183439138 D01 529 FIRST STREET PROCESSING DATE 05/12/2007 CARLISLE PA 17013 DRIVER LICENSE # 27701596 DATE OF BIRTH D2/D9/1961 Dear MR. SABET-.RASEKH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1533B of the Pennsylvania Vehicle Code. Your driving privilege will be suspended ef- fective 06/23/2007 at 12:01 a.m. for failing to respond to citation number E868235 issued on 01/15/2007. This suspension means that you will not be allowed to drive a motor vehicle on or after 06/23/2007 unless you are noti- fied in writing by PennDOT that your driving privilege is restored. PLEASE READ THIS LETTER IN ITS ENTIRETY. ORDER OF SUSPENSION. THE ONLY WAY TO AVOID THIS SUSPENSION IS TO COMPLETELY FOLLOW THE DIRECTIONS BELOW FOR RESPONDING TO THE CITATION BEFORE THE EFFECTIVE~DATE. FOLLOW THESE DIRECTIONS, THIS SUSPENSION WILL GO NTO EFFECT ON 06/23/2007. RESPONDING Tn ruE CITATION If You respond to the citation BEFORE the suspension date, you will avoid this suspension. In order to respond to this citation, you must follow the steps below :• 1. Contact the Court: CUMBERLAND CO COURT CO COURTHOUSE FAYETTEVILLE NC 28301 2. Tell the Court, in (919) 678-2902 person or by mail, whether you wish to plead 'guilty' or 'not guilty' to the violation. Please Note; If you pay the fine without signing 'guilty' or 'not guilty,' it is considered an automatic plea of 'guilty.' a. If you plead 'guilty,' pay all fines and costs. Mail your check or money order to the Court or ap- pear in person and pay by cash, check or money or- der. It is your responsibility to make sure that the Court receives your payment BEFORE 06/23/2007. 071326183439138 Do not mail or bring your citation payment to PennDOT. b. If you wish to plead 'not guilty,' contact the Court for further information and instructions. It is your responsibility to make sure that the Court re- ceives your payment BEFORE 06/23/2007. Do not mail or bring your citation payment to PennDOT. c. Contact the Court, if this letter does not list an amount. owed for the violation. d. If you have questions about this process or cannot afford to pay all fines and costs, contact the Court for assistance. 3. If your response to the citation is accepted by the Court BEFORE 06/23/2007, you will receive notice from PennDOT regarding restoration of your driving privilege. 4. Please Note: Responding to the citation before the sus- pension date excuses you from this suspension of your driving privilege, not the actual violation. COMPLYING WITH THIS SUSPENSION You must return any current Pennsylvania driver's license, learner's permit or temporary driver's license (camera card) in your possession. You will not receive credit toward serving any suspension until we receive your documents. Complete the following steps_to acknowledge this suspension: 1. Return your current license, permit or camera card to the address below. If you do not have any of these items, complete and return one of the following: ^ A DL-16LC Acknowledgment form (available at any driver license center) ~ A notarized affidavit (letter) stating that you are aware of the suspension of your driving privilege 2. Be sure to sign the form or affidavit. 3. Return all items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box~68693 Harrisburg, PA 17106-8693 4. If you do not receive a receipt from us within 3 weeks of mailing your documents, call our office immediately. PAYING THE RESTORATION FEE If you do not respond to the citation BEFORE the suspension date, you will be suspended and must pay a restoration fee to PennDOT to be restored. Complete the following steps: 071326183439138 1. Complete 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) an the check or manes order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this suspension to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, MAY 19, 2007. After you file the appeal in the County Court, send a 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 OFFICIAL NOTICE OF SUSPENSION. You must respond before 06/23/2007. Sincerely, ~~ ~~~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 a.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.aa.us n ~ O t`-' r,~y r~ -F`i fir,, PJ ~ ~ ~- T R1s _ C ' 1 ~ r, j'Tl ~..- + ) ~- V ~ +~-? ~ ~.-~° ~ -'-~ ~ -i'`1 '\/ \P ~ ..~~? ..~ ~. 3 JUN 13 200'/ Soheil Sabet-Rasekh IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA Vs. COMMONWEALTH OF PENNSYLVANIA NO: 0 ?- 3 5/.~ ~ ~ 1 ~.._, DEPARTMENT OF TRANSPORTATION DRIVING PRIVILEGE BUREAU OF DRIVER LICENSING .SUSPENSION APPEAL Respondent ORDER AND NOW, this ~~ day of ~QQ ~, comes Soheil Sabet- ' Rasekh, by himself and respectfully es the Motor Vehicle Privilege Appeal. ~ ~'Y`~~- , ~3 .. A~ ~~ .~,~ • .~ ,i 4•a ~~ :~ ~~k~ ~~ ',s1~' L~UZ ~ ~~ SOHEIL SABET-RASEKH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-3437 CIVIL TERM DRIVING PRIVILEGE SUSPENSION APPEAL IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 31st day of August, 2007, hearing in this matter is continued to 9:45 a.m. on Friday, October 5, 2007, to give Petitioner the opportunity to make contact with the authorities in North Carolina and satisfy this citation. By Edward E. Guido, J. ~oheil Sabet-Rasekh 529 First Street Carlisle, PA 17013 r ~ Petitioner, Pro se (..,' ~orge Kabusk, Esquire1 ~ For the Respondent ,O ~~ srs ~~ u.~!ne~ c~,,~~ti~~~~~n~ . _. ., ..,~ ~ ~ _i~y i f~i7, ~, , ~~ ,~,i ..a._ ._ , SOHEIL SABET-RASEKH :THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF N0.2007 - 3437 CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, :CIVIL ACTION -LAW BUREAU OF DRIVER LICENSING AMENDED ORDER OF COURT AND NOW, this 3~ day of OCTOBER, 2007, the order of court dated September 26, 2007, rescheduling a hearing for OCTOBER 4, 2007, at 2:15 p.m. is amended to reflect that the order applies only to Civil docket number 2007 - 3437. Civil docket number 2007 -1863 does not apply and is not at issue. ~, By the'`Court, E ward E. Guido, J. George Kabusk, Esquire Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 i o~'K~o7 '~ - 6 :sld k ; ~ ". f tr~Yf {~ ~~t.i_f 'n '~ ~_... -.:~~'~~ SOHEIL SABET-RASEKH, Appellant v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-3437 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 4th day of October, 2007, upon relation by the Commonwealth that the underlying citation has been addressed, this matter is remanded to the Bureau to correct and update its records. E ~oheil Sabet-Rasekh 529 First Street Carlisle, PA 17013 Appellant, Pro se ~eorge Kabusk, Esquire For the Appellee srs Edward E. Guido, J. r ~~';~; ~ 1~~r~ ' ._ ~ ~°is. ~J =~i~~