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Home My WebLink About03-1080COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE LEO MICHAEL' ZOLTEWICZ APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL TERM NOTICE OF APPEAL OF IJCENSE SUSPENSION Appellant, Leo M. Zoltewicz, is an adult individual who currently resides at 3803 Harness Lane, Camp Hill, Cumberland County, Pennsylvania. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County Pennsylvania. Your appellant was cited on August 28, 2002, Cumberland County, for allegedly committing violations of the Vehicle Code. On November 4, 2002, Appellant was convicted of operating vehicle without required financial responsibility pursuant to 75 Pa. C.S. ~1786 (f) and driving an unregistered vehicle pursuant to 75 Pa. C.S. [1301 (a). o By letter dated February 17, 2003, Appellee notified Appellant that his operating privileges would be suspended for a period of 3 months effective March 24, 2003. A true and correct copy of said letter is attached as Exhibit A. Appellant has filed a Petition to file an Appeal nunc pro mnc of his November 4, 2002, conviction to the Court of Common Pleas of Cumberland County. Said Petition is docketed at03"/3(--~ISC TERM. A copy of the Petition is attached as Exhibit B. It is believed, and therefore averred, that this Court's decision whether to grant or deny this appeal will be predicated on the result of the Summary Trial yet to be scheduled before a Judge of the Court of Common Pleas of Cumberland County. WHEREFORE, your appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Date: Respectfully submitted, ABOM & KUTt:kLAKIS -John A~ Aborn '- ~.~.Attorney I.D.~ 77961 8 Sou~ Hanover St. S~te 204 C~sle, PA 17013 (717) 24%0900 CERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: EXHIBIT A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 FEBRUARY 17, 2005 LEO MICHAEL ZOLTEWICZ 3803 HARNESS LANE CAMP HILL PA 17011 030419283952076 001 02/10/2003 19832184 08/31/1962 Dear Motorist: Your driving privilege is scheduled to be suspended on 03/24/2003, because you failed to produce Proof of financial responsibility on OB/2B/2002, the date of your traffic of- lense. 1. Your driving Privilege will be suspended for three months effective 05/24/2005 .at 12:01 A.M. as authorized by Section 17B6(d) of the Vehicle Code. Please see the enclosed application for restoration formation. fee in- 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in Your possession. 5. You will be required Go provide ii',e Dep~rlment with Proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your privilege has been reinstated. If you do not comply with this notice, this Bureau will refer this matter to the Pennsylvania State Police for Prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 05/24/2005 12:01A.M. EXHIBIT A 030419283952076 In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no iater than the effective date Iisted. If you cannot comply with the requirements stated above, you are required to submit a DLi6LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Faiiure to compIy with this notice shai1 resuit in this Bureau referring this matter to the Pennsyivania State PoIice for pr-useculiu~-, ui'~der SECTIGN I~7I(a)(~) of the Ve- hicIe Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit wii1 not begin until aiI current driver's iicense product(s), the DLI6LC Form, or a ietter acknowIedging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN I5 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION APPEAL You have the right to appeaI this action to the Court of Common Pleas (Civii Division) within 30 days of the mail date, FEBRUARY 17, 2003, of this letter. Zf You file an appeal in the County Court, the Court w111 glve you a time- stamped certified copy o~ 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 Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE LEO MICHAEL ZOLTEWICZ APPEI J,ANT IN THE COURT OF COMMON pLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA No. ~ 'I~cOIVIL TERM ORDER AND NOW, this /¢/2~day of~t4.4_/~,, 2003, upon consideration of the Appellant's Notice of Appeal, a hearing is set for the~/M day of (D,~/n.~, 200,3, at ~; 30 AM/I~2[, in Courtroom # ~/ , Cumberland County Courthouse. AND NOW, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to 75 Pa. C.S. ~1550(b) pending said hearing. John A. Abom, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 Pennsylvania Department of Transpom Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ion ~ Jo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Vo LEO MICHAEL ZOLTEWICZ, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L~W 03-1080 CIVIL TERM IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 2nd day of June, 2003, on the request of the Appellant, hearing herein is continued until Friday, August 29th, 2003, at 3:00 p.m. By the Court, A. Hess, ~Oorge Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Jo /ohn A. Abom, Esquire ~J8 South Hanover Street Suite 204 Carlisle, PA 17013 For Appellant :mae COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE LEO MICHAEL ZOLTEWICZ APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1080 CIViL TERM MOTION TO CONTINUE LICENSE SUSPENSION APPEAL HEARING On June 2, 2003, this Court set a date for a hearing in the above-referenced license suspension appeal hearing for Friday, Aug~ast 29, 2003 at 3:00 PM. Appellant requests a continuance of the hearing carrenfly scheduled for a period of 45 to 60 days. The Appellee, in the person of George Kabusk, Esquire, was contacted regarding this request and indicated that he is not opposed to a continuance of between 45 to 60 days. Appellant anticipates no further requests or need. for continuances in this matter. Appellant anticipates that the Hearing time, if a ]nearing is held, will not be more than five minutes. WHEREFORE, your appellant respectfully requests this Honorable Court to continue the heating now set in this matter for a period of 45 to 60 days. Date: Respectfully subnfitted, ~~ULAKIS ~t~orney I.D.# 77961 8 South Hanover St. Suite 204 Carl/sle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVIC__E I, John A. Aborn, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by m_~iling a copy of said Notice by certified mail addressed as follows: George Kabusk, Esquire Pennsylvania Deparmaent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE LEO MICHAEL ZOLTEWICZ APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1080 CMLTERM ORDER AND NOW, this °~q~- day of ~ 2003, upon consideration of the Appellant's Motion to Continue a License Suspension Appeal Hearing for 45 to 60 days, and upon learning that the Appellee is not opposed to said Motion, said Motion is granted and the hearing set for Friday, August 29, 2003, is hereby continued. A new heating is set for the ~g~_ day of~/~L, 200~_, at ~:SO_ AM~:t~, in , Courtroom # 4, Cumberland County Courthouse. John A. Aborn, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE LEO MICHAEL ZOLTEWICZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1080 CIVIL TERM APPEl J,ANT PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above referenced Appeal. Respectfully submitted, ABOM & KUTULAKIS:, LL.P. Date: December 4, 2003 35 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1080 CIVIL TERM LEO MICHAEL ZOLTEWICZ APPELLANT CERTIFICATE OF SERVICE I, John A. Aborn, hereby cerffy that I served a copy of the within Praecipe to Discontinue, by mailing a copy of said Praecipe by first-class mail addressed as fOllOWS: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: