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Home My WebLink About04-2620 COMMONWEALTH OF PENNSYLVANIA PLAINTIFF V. IN THE COURT OF COMMON PLEAS n.rrp~COrTY, PENNSYLVANIA C. f.(, tn 1l((q/1 No. r!)..t.:<',o .2004 DONALD COVALESKI, DEFENDANT CIVIL ACTION PETITION FOR ApPEAL FROM ORDER OF THE DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVER'S LICENSE To THE HONORABLE, THE JUDGES OF THE COURT: The petition of Donald Covaleski by his attorney Brett P. Zankel, Esq, PO Box 266, Dauphin, PA 17018, respectfully represents: 1. That he resides at 24 Natures Crossing, Enola, Pennsylvania 17025, in Cumberland county. 2. That he currently possesses a driver's license issued to him which has never been heretofore suspended. 3. By letter dated May 11th, 2004, Petitioner was notified that: "This is an Official Notice of Suspension of your Driving Privilege as authorized by Section 1538 of the Pennsylvania Vehicle Code. As a result of your departmental hearing: .. Your driving privilege is SUSPENDED for a period of 15 day(s) effective 06/15/2004 at 12:01a.m. 4. This suspension is improper because your Petitioner received a citation for 75Pa.C.S.3362 (speeding) on 08/25/03 and plead guilty on 11/20/03 pursuant to a Plea Bargain agreement to 29 M.P.H. over the posted speed limit which should not have resulted in a Departmental hearing or suspension, however somehow a plea to 31 M.P.H. over the limit was posted by Pennsylvania Department of Transportation. Further Pennsylvania Department of Transportation failed to timely post this conviction to Petitioners Driving record or notify him of the posting. 5. Petitioner contiguous with this petition is appealing this conviction Nunc Pro Tunc and has meritorious defenses to the underlying citation, which will include the testimony of an expert regarding the improper clocking of the petitioners vehicle by the affiant officer on his police model Harley Davidson Electra Glide which was damaged and unable to clock speed properly. Your Petitioner, therefore, prays that this matter be set down for hearing de novo before your Honorable Court as provided by the Vehicle Code of 1976 and the orders of the Department be set aside. And so he will ever pray. Respectfully submitted: VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. This verification is made pursuant to Pa. R.C.P. 1024(c) due to the lack of availability of the Plaintiff. t}}0 Date: By: TT P ZANKEL, U1RE Attorney for the Plamtiff 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 ~ ~ ~t 0, VI 'B VI ~ & ~ ~ ,..\ ~ 7ti - (--. r-,,) c-.> @ V. IN THE COURT OF COMMON PLEAS ~BAf),.-JINCOUNTY, PENNSYLVANIA G L< YI] b..r(c;,J No. d(Q;;~ -2004 ~ COMMONWEALTH OF PENNSYL VANIA PLAINTIFF DONALD COVALESKl, DEFENDANT CIVIL ACTlON PRELIMINARY ORDER AND NOW, dri,i~,y of ~, 2004, """ =""'.00 of fu, foregoJ", petition and on motion of Brett P. Zankel, Esq., attorney for dIe Petitioner, a hearing De Novo is granted to determine whether the action of the Department of Transportation in suspending the driver's license of the Petitioner should be set aside. Hearing is fixed for~4"-' .:l7} shall serve and notify the Department forthwith. , 2004, at q: J tP Mlt4nd the Defendant BY THE COURT: , Vi~\)\GY:/,~J'NN:1d IJJ',I{'i('('i ,r': ":~"'/.'i'" , ,~_.".,' ','.:: \-. Iv 9 S :OII~V 6- lnr ~ooz N:J\flONOHlOLJd 3H1 :10 3JI:HCKJ31i:l V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - ]~AW COMMONWEALTH, Plaintiff DONALD COVALESKI, Defendant 04-2620 CIVIL IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT having appeared on his client's appeal from pennDOT's Order of AND NOW, September 27, 2004, Brett Zankel, Esquire, suspension of May 11, 2004, and the defendant not having filed an appeal from his original conviction, and the defendant now wishing to file an appeal nunc pro tunc, the defendant will be given the opportunity to file a Rule to Show Cause against the District Attorney why a nunc pro tunc appeal should not be held, the Court will grant the defendant ten dayS to file his Rule to defense attorney has presented travel orders for the defendant The defendant has not appeared in court today and the Show Cause. with the united states Military indicating his absence from the area from September 19, 2004, through Oct:ober 22, 2004. And further, this hearing is continued until Wednesday, November 17, 2004, at 3:00 p.m. By the Court, ~orge Kabusk, Esquire For the commonwealth ~Brett Zankel, Esquire P.O. Box 266 Dauphin, Pa., 17018 :mtf '7 I~U qT~ Oq-J.q-&L{ v;t'\lV/\l\,~~i\~l") ~id AJJ~n(:('i " "'t~-_;:-::'::-;>".r\J 91 :Oll4\} 5Z d3S ~UOZ Ad~I1U[-K)H10Cid 3H1 :iO 3:Ji::13Q-{J311:J V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -- LAW : 04-2620 CIVIL COMMONWEAL TH DONALD COV ALESKI IN RE: HEARING DE NOVO ORDER OF COURT AND NOW, January 6,2005, hearing in thE~ above matter is fixed for Monday, January 31, 2005, at 1 :30 p.m. in Cour1room No.5. By the Court, .J. Brett P. Zankel, Esquire 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 For the Defendant George Kabusk, Esquire Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, P A 17104-2516 For the Commonwealth (!r~}Jt~ ? 05 1 f I : ') L: . , 1 v -, /.L ",<, ," " :j. '" , j>.:N3d ri:J38.,nO , t COMMONWEALTH OF PENNSYL VANIA, PLAINTIFF IN THE COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNS VANIA v. No. 2004-2620 CIVIL DONALD COVALESKI, DEFENDANT CIVIL ACTION - LAw ORDER OF COURT AND Now, thi~~y Of~~5, the above captioned appeal from Penn D.O.T.s Order of Suspension of May 11th, 2004, hearing for Scheduled Monday, J nuary 31", 2005, is continued by agreement of Counsel because the Court has not yet resolved he underlying vehicle code violation. Hearing shall be held in this Matter (, -flAday of -P 2005 at(:' :} A. M , Edward Guido, J. c4eorge Kabusk, Esquire For the Commonwealth >~ ~~ o3-rJ9-05 ~tt P. Zankel P.O.Box 266 Dauphin, PA., 17018 For the Defendant --',.":;~r~n8 }..Lt,:;Yf' l] \ :5 ~.nl G Z U'JH ~GOl "'JI'O''')'''O''''d -J'll JO r.b.Vj.;."\\ ~'.J..i. C: :.:~ ;;J 38\:\~o-a3l\;;l ~1RY~10~1900 21: 46 I ~. P.01 BREIT P. ZANKEI, ATTORNEY AT LAW 321 CLARKS V ALLEY ROAD P.O. Box 266 DAUPHIN, PENNSYLVANIA 17018 TEL: (717) 921-2192 FAX (717) 921-8002 Date; ! January 28'\ 200S Please deliver the f~llowing message to; I Name: Judge Guido Fax Number: 240-6460 I From: Brett P. Zabkel. Esauire. I Total Dumber of pa~es (including tbis cover sheet): , , , 2 If you do not receivf all of these pages, please contact the sender at the above D mber. I The information contained in this telefacsimile message is transmitted by an Att rney. It is privileged and co~fidential, intended only for the individual or entity named bove. If the reader of this m~ssage is not the intended recipient, you are hereby notified hat any dissemination, distribution or copy of this communication is strictly prohibited. f this communication has Ibeen received in error, please notify us immediately by tele hone, coiled if necessary, land return the original message to us at the above address a U.S. Postal Service. (Welwill reimburse you). Thank You. I , Additional Comments: I I I COMMONWEALTH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2620-2004 CIVIL DONALD COVALESKI, Defendant CIVIL ACTION IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 6th day of June, 2005, it appearing that the underlying charge has not yet been finally resolved, hearing in this matter is continued until Monday, August 29, 2005, at 8:45 a.m. A copy of this Order should be provided to the Cumberland County District Attorney's Office so that a hearing on the underlying citation docketed at CP-21-MD-566-2004 may be scheduled prior to the rescheduled hearing in this matter. ~ge Kabusk, Esquire Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center > 1101 South Front Street Harrisburg, PA 17104-2516 For the Plaintiff ~ett P. Zankel, Esquire 321 Clarks Valley Road P.O. Box 266 Dauphin, PA 17018 For the Defendant District Attorney's Office Y\(t11d- k), L.C{AD d srs \ilNVA1ASNN3d I "I~~~ ,,,..~,, '~",^In" I\J,.f'l ilF) , ~,: ,.c\1,'''":':~t1Vl IJ 0'1 : II WV 9- NflrsOOZ AtJV10NCH.l.OOd 3H1 .:10 3:l1:l:1C}{l311:l I COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD COV ALESKl : NO. 2004 - 2620 CIVIL TERM ORDER OF COURT AND NOW, this 29TH day of AUGUST, 2005, a hearing in the above captioned matter is continued until MONDAY, OCTOBER 24, 2005. at 9:00 a.m.. Courtroom 5. Edward E. Guido, J. George Kabusk, Esquire For the Dept. of Transportation Brett P. Zanke!, Esquire 321 Clarks VaHey Road P.O. Box 266 Dauphin, Pa. 17018 J ~J ~tf-~C;.~s :sld V[{\I\'i\~lA'~' (".I!.,i'jd }J,I.inu - ';:-;;/Ino S I :2 Hd 62 :JfW SOOl A. u'.-IIO"'-" 'J'r. 'd :Jill :10 lJ. I~Un .VC; ..,l 38WQ-031I:l Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH, VS NO. 2620-2004 CIVIL DONALD COVALESKI, CIVIL ACTION Defendant ORDER OF COURT AND NOW, this 24th day of October, 2005, it appearing that the underlying criminal conviction has been resolved, this matter is remanded to the Department for further action in accordance with the resolution of the underlying criminal matter. By the 'c~::~~ ~ Edward E. Guido, J. ~rge Kabusk, Esquire Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center 1101 Soutn Front Street Harrisburg, PA 17104-2516 ~ ~'tt P. Zankel, Esquire 321 Clarks Valley Road P.O. Box 266 Dauphin, PA 17018 :ml 'I, :1 ',t --------- -