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Home My WebLink About07-6120 Kenneth Zielonis, Esq. 1786 Autumnwood Drive Mechanicsburg, PA. 17055 Telephone: (717) 697-0598 Email: kzielonis@comcast.net JESSICA A. ZIELONIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY / V. NO. CV LS COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING APPEAL FROM THE SUSPENSION OF OPERATING PRIVILEGES AND NOW COMES, Jessica A. Zielonis, (hereinafter "Petitioner"), and files, this Appeal from Suspension of Operating Privileges, and in support thereof, avers the following: 1. Petitioner resides at 1786 Autumnwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. Petitioner's Operator's License Number is 282631115. 2. The Pennsylvania Department of Transportation, Bureau of Driver Licensing proposes by Notice dated September 19, 2007 to suspend Petitioner's operating privileges for a period of ninety (90) days pursuant to Section 1532(d) of the Pennsylvania Motor Vehicle Code. 3. The withdrawal and suspension of Petitioner's operating privilege is unlawful for the following reasons: a. Petitioner has filed an appeal of the underlying conviction for violation of 18 Pa. C.S. §6308 which conviction supports the herein referenced operation privileges suspension. A copy of this appeal is attached hereto as Exhibit A. A reversal of this underlying conviction will invalidate the basis of the suspension of Petitioner's operating privileges. WHEREFORE, Petitioner, Jessica A. Zielonis, respectfully requests this Honorable Court to allow her to take and subsequently to grant this Appeal from Suspension of Privileges. Operating Respectfully submitted, Kenneth Zieloms, . squire Attorney I.D. No. 41691 1786 Autumnwood Drive Mechanicsburg, PA. 17055 Dated: October 14, 2007 Attorney for Petitioner 2 VERIFICATION I, Jessica A. Zielonis, hereby state that the facts above set forth in the Suspension the best of of Operating/Registration Privileges are true and correct Appeal From the my knowledge, information and belie (°r are true and correct to at a hearing held in this matter. I understand that the and that able to made subjproveect the to the same penalties of 18 Pa. C.S. §4904 (relating to unsworn falsifications to authorities). Date: J sica A Exhibit A F COMMONWEALTH OF DEPARTMENT OF PENNSYLVANIA Bureau of TRANSPORTATION Mail Date; Driver Licensin SEPTEMBER 19, g JESSICA 2007 JES 1786 ES ANN IIELONIS AUTUMNWOOD DR MECHANICSBURG PA 17 WID # 072556116479728 001 0S5 DRIVER DATE DATE DATE OF BIRTH # 09/12/2007 BIRTH 07/2 28 7219885 Dear MS. ZIELONIS; As a result of Section 630 your violat privile 8 (off ion on 0 9e is enses related to 7/21/2007 of mandated by sbeing SUSPENDED alcohol) violating ection 15321 for a period your drivin The e1'feC °f the vehicle of 90 DAY(S) g tiv code, as Before ective T date Of Suspension is follow can restore 10i24i2007, 12;01 a.m. PennDO THIS the instructions your drivin SUSPENSION an this g privilege, PROOF OF PAYING THE letter for COMPLYING must INSURANCE. should E follow lALl FEE LYING WITH carefully. Even You and PROVIDING suspensionirevocation you have instructions ver privile served all the 9e until all the re cannot restore time y on the 4uirements are your driving satisfied. You must retur SUSP S ON learner's n all current cards) in Permits, Pennsylvania tem Your possessioporary driver's driver's licenses, surrender these n on or b licenses efore 10/24/ es (camera credit; however, before, 2007. You may surrendered. YOU may not 10/2/2007, for drive s after these earlier YOU MAY NOT RETAIN items are PURPOSES. YOUR DRIER'S However, ou may apply F OR iden Of . 510.00 tion Y card at an y apply for and taio aphot Photo any Driver License °bo identification ou must present Center passport, marriage two for a cost (e.g., birth (2) forms of your photo ident fice ivificate certificate, proper etc.) valid U.S. You n card. an order to will not receive obtain until we receive redit toward c steps w Pecel iedyour license(s), serving any 9e this Complete the suspension 1• Return suspension, following all current learner's permits Pennsylvania You do not have and/or camera cardSiver?s licenses, any of these to PennDOT. items, send if a sworn Y , 072556116479728 notarized letter of your drivid stating -you are letter g privile9e, aware of the suspension why YOU are You must specify in license. Remember; unable to return your license for identificat iodmaY not retain your driver's You Yor items to: purposes. Please s u driver's Pennsylvania Department of Transportation of Driver Licensing P'O' Box 68693 21 upon recei Harrisburg, PA 17106- pt, review and acceptance Of93 driver's license(s) notarized , learner's permit(s)°ur Pennsylvania confirmed letter, PennDOT will , and/or 9 the a sworn ve date that send you a credit began. receipt a receipt from us within 3 our office. If you do not rtoecwaerid Otherwise weeks, please contact served YOU will not be given credit are listed g this suspension. PennDOT 3• If at the end of this letter. Phone numbers You do not return products, we must refer all current State Police this matter driver license S for prosecution to the Pennsylvania the Pennsylvania Vehicle under SECTION Code. 1571(a)(4) PAYING THE RESTORATION FEE You must pay a restoration fee from a suspension/revocation Of to PennDOT Pay Your restoration Your to be restored fee, complete driving Privilege. To 1• Return the the following steps; enclosed Application amount due is listed on the for Restoration. 2• Write your driver' application. The pa9e) o the a s license number (listed on credit. check or money order the first 3• Follow the to ensure proper of the payment and mailing instructions on th application. e back PROVIDING PROOF Within OF INSURANCE the last 30 days will send YOU a of Your suspension/revocation, insurance letter asking that documents at that time. This you provide we and what will be needed if letter will proof of registered list acceptable in Pennsylvania. YOU do not own a vehicle IMPORTANT: Please make move from your sure that PennDOT Your address current address. is notified if YOU you listed a change by calling u may notify PennDOT at the end of this letter. any °f the phone of numbers 1 , 072556116479728 APPEAL You have the Common Pleas (right C. to appeal t date, SEPTEMBER evil Division) his action to the 19, 2007, of within 30 days Court of time--in the Court this letter, of the mail stamped certified Court, the Court If you file an your appeal to b copy of will give certified be valid, the appeal. In you a copy of the you must send t order for Pennsylvania appeal by certified his time-stamped Office Department of Trans mail to: Third Fof Chief Counsel portation loor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is return all s an OFFICIAL to PennDOT current Pennsylvania OF SUSPENSION. by 10/24/200 Pennsylvania driver license You Products Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing IN STATE INFORMAT ON 8:00 a.m. OUT-pF-STATE 1-800-932- to 6'00 4 m. 717-412-5 0 TDD IN STATE WEB SITE ADDRESS 300 1-800-228-0676 www.dmv.sta TDD OUT-OF-STATE a.us 717-412-5380 O ?s c F C} e- t.r yW L _ r.,a a C) t- a OD 1V OD 0 -n rn 7 rti I o C 3 2007 JESSICA A. ZIELONIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1,2 CV ? LS COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING SCHEDULING AND SUPERSEDERS ORDER AND NOW, this `S day of 2007, upon presentation of the within Appeal From Suspension of Operating Privilege, it is hereby ordered that a hearing on this matter shall be held on the day of ketLftiAM- , 2007 at $ : 4 S o'clock, (I . m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. The action of the Pennsylvania Department of Transportation in suspending the operation privileges of Petitioner is hereby stayed pending a final decision of the court to the extent provided under Sections 1550(b) and 1377 of the Pennsylvania Motor Vehicle Code. Petitioner must serve a copy of the appeal on the Pennsylvania Department of Transportation. DISTRIBUTION: enneth Zielonis, Esq., 1786 Autumnwood Drive, Mechanicsburg, PA 17055 Dept. of Transportation, Office of Chief Counsel, Third Fl., Riverfront Office Center, Harrisburg, Pa. 17104-2516 r -[ ??. C, ,J .1 ?.. ?.l W L"y'\ ?s.J /- C"i JESSICA A. ZIELONIS, IN THE COURT OF COMMON PLEAS PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6120 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this ? day of '2007, the Petitioner and ; - the Department having requested that the above-mentioned matter be continued, the appeal filed in the above referenced matter is CONTINUED and RESCHEDULED for the 6th day of March , 2008, at 3:00 p.m., in Courtroom Number 2 in the Cumberland County Courthouse, Carlisle, PA DISTRIBUTION: George Kabusk, Esquire, Riverfront Office Center, 1101 South Front Street, an 17104-2516 Kenneth Zielonis, Esquire, 1786 Autumnwood Drive, Mechanicsburg, PA 17055 is enaL LE4 ia/2/o7 BY THE COURT CL - ?T tL !LU N Kenneth Zielonis, Esq. 1786 Autumnwood Drive Mechanicsburg, PA. 17055 Telephone: (717) 697-0598 Email: kzielonis@comcast.net JESSICA A. ZIELONIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6120 COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING PRAECIPE FOR DISCONTINUANCE AND NOW COMES, Jessica A. Zielonis, (hereinafter "Petitioner"), by and through counsel, and files, this Praecipe for Discontinuance of the above Appeal from Suspension of Operating Privileges, and in support thereof, avers the following: 1. Petitioner resides at 1786 Autumnwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. Petitioner's Operator's License Number is 282631115. 2. The Pennsylvania Department of Transportation, Bureau of Driver Licensing proposed by Notice dated September 19, 2007 to suspend Petitioner's operating privileges for a period of ninety (90) days pursuant to Section 1532(d) of the Pennsylvania Motor Vehicle Code. 3. Petitioner filed a timely appeal of the proposed license suspension. 4. At the request of the parties, the Court subsequently stayed the hearing in this matter to allow the Dauphin County Clerk of Courts time to transmit a Form DL-21 to the Department of Transportation. That process has now been completed and Petitioner desires that her Appeal of Suspension of Operating Privileges be discontinued. WHEREFORE, Petitioner, Jessica A. Zielonis, respectfully requests this Honorable Court to Discontinue this Appeal of Suspension of Operating Privileges. Respectfully submitted, Kenneth Zielonis, Esquire Attorney I.D. No. 41691 1786 Autumnwood Drive Mechanicsburg, PA. 17055 (717) 697-0598 Dated: June 15, 2009 Attorney for Petitioner 2 BY THE COURT PRESIDENT JUDGE DISTRIBUTION: Kenneth Zielonis, Esq., 1786 Autumnwood Drive, Mechanicsburg, PA 17055 Pa. Dept. of Transportation, Office of ' Chief Counsel, Third Fl., Riverfront Office Center, Harrisburg, Pa. 17104-2516 JESSICA A. ZIELONIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6120 COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING AND NOW, this day of ORDER 2009, upon presentation of a Praecipe for Discontinuance, said request is GRANTED and this matter is discontinued and marked closed. BLED ^rqy THE . ; , 2009 jU 17 P 12: 4 l j, GUY JUN 1 tl 1009 a JESSICA A. ZIELONIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6120 COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER AND NOW, this day of QkX 2009, upon presentation of a Praecipe for Discontinuance, said request is GRANTED and this matter is discontinued and marked closed. ,PISTRIBUTION: Kenneth Zielonis, Esq., 1786 Autumnwood Drive, Mechanicsburg, PA 17055 Dept. of Transportation, Office of Chief Counsel, Third Fl., Riverfront Office Center, Harrisburg, Pa. 17104-2516 1?0f Ce-3 ena t L?C( 1 fir' 113 -- 3 5 G