The URL can be used to link to this page

Home My WebLink About10-4808.~a, , 3 ' ~JUL 2 32010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION vs. PAUL J. LEVINSKY NO. ~D • ~ 808 ATTORNEY I.D. NO.51542 PRELIMINARY ORDER FOR HEARING AND NOW, this ,~ ~~ ay of~,/~,~~010, upon consideratio n of the foregoing Petition and on motion of Paul J. Levinsky, a hearing de novo is granted to determine whether the action of th Department of Transportation should be set aside. e Hearing is fixed for the ~ day of,~ ~%/ /. , at 3:00 o'clock in ~,/ Cournoom # 3 ,Cum iO;d~Q e.~,~Er,~/.Af ~ Berland County, Pennsylvania, Petitioner to notify the Department forthwith. BY THE COURT ~-O~IfiS m~.cLg~,~, ~~ t~-1- 7/~~/rU .~'~ J. n ~ C a o _, `~ 3 l r ` ~« -~ ~ T"'; - s. - _ ~ -- .1/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V5. PAUL J. LEVLVSKY 2- n NO. 10-4808 4rrrr i.r ATTORNEY I.D. NO. 515' r? Ln co MOTION TO CONTINUE HEARING SCHEDULED FOR SEPTEMBER 1ST 2010 Appellant herein is Paul J. Levinsky, residing at and having an address of P.O. Box 1773, Dickinson College Hub 1167, Carlisle, PA 17013. 2 3 4 5 Appel lee herein is the Department of Transportation for the Commonwealth of Pennsylvania, having a mailing address of Department of Transportation, Bureau of Driver Licensing, P.O. Box 68693, Harrisburg, PA 17106-8693. Petitioner filed the within appeal of his driver's license suspension on July 21" 2010. By order dated July 23`d 2010 the Court scheduled a hearing for September I" 2010. The underlying basis for the suspension is Petitioner's conviction for underage possession of alcohol, 18 Pa. Cs. 6308. On July 22nd Petitioner filed a separate Petition for Leave to file an Appeal of the underlying conviction, nunc pro tunc. By order dated August 20`h 2010, the Honorable Albert H. Masland Jr. granted Petitioner 30 days from the date of the order to file a notice of appeal from the underlying summary conviction(Exhibit A). 6. Petitioner has completed the notice of appeal from the summary conviction on August 30, 2010, and sent same by overnight delivery to the Clerk of Courts(Exhibit B). 7. Petitioner is awaiting a hearing date on the appeal from the summary conviction. 8. The success of the within appeal of license suspension is dependent upon the outcome of the summary appeal hearing. If Petitioner is successful, then the underlying basis for the suspension will disappear. 9. Since the: outcome of the within license suspension appeal is dependent upon the outcome of the summary appeal hearing, it would make sense to continue the within hearing scheduled for September 15T 20 0 until after the appeal for the summary conviction is held. ?- -- y L. Weinstein ?.r ttorney for Appellant Dated: August 30, 2010 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL JOHN LEVINSKY : CP-21-MD-577-2010 ORDER OF COURT AND NOW, this --? ",Z) day of August, 2010, the Commonwealth having indicated that they have no objection to the petition for leave to appeal nunc pro tunc from a conviction of a summary offense, the hearing scheduled for August 30, 2010, is cancelled. The defendant is granted thirty (30) days from this date to file a notice of appeal from summary conviction with the Clerk of Court, after which a hearing will be scheduled as of course. By the Court, Albert H. Maslar2, J. District Attorney's Office Jeffrey L. Weinstein, Esquire For Defendant saa ?r 1 Q I-eIIAT p Je1609-397-8400 541 aZau? 5. 609-397-8401 ?.. -108530 August 30, 2010 Cumberland County Clerk of Courts One Courthouse Square - Second Floor Carlisle, PA 17013 Re: Commonwealth v. Paul John Levinsky Docket No. CP-21-MD-577-2010 Dear Sir or Madam: I represent the defendant. This matter was initially file as a Petition to File a Summary Appeal Nunc Pro Tunc. By order dated August 20`h 2010, The Honorable Albert H. Masland, Jr., granted defendant thirty(30) days from the date of the order to file a notice of appeal from a summary conviction. Enclosed please find completed Notice of Appeal from Summary Conviction that was provided to me by the Clerk of Courts. Pursuant to my telephone conversation with your office, no fee is required since I previously paid the $43.00 fee when the Nunc Pro Tunc Petition was filed. Kindly file and return a filed copy to me in the enclosed stamped envelope. Please notify me of the hearing date when it is scheduled. c: Paul John Levinsky /i n IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction ddress of Defenda t: Name d A 145 ?/ \J-ch,4 cvj k1l/ O. bX k4s-o ll A-410 C(?e-ljs It Z?p/7 V Signature Name and Address of agisteri 1 Di trice- Judge: ?eSS iC ??eI^ g /V1 ?D Ve L . r l) e , / -)? zip r_ _ 012- Magisterial District No.0 ` 0 Decision of Magisterial i;>tri t Judge: ?? Date of Decision Offense(s) Appealed / m 4??jr-4tq a Name and mail' address of o cer as shown on c't:ation ?o or complaint 1-2 Magisterial District f-f"? 6boo 160 _ Judge Docket No. Citation No. = If sentence includes fine a costs, amount of which paid: Type or amount of bail furnished to Magisterial District Judge, if any: _ Name and Address o t i (signature) (print name) C C • tnf ei dress) Zip Phone: 609- 39 - / tty. I.D. # S7 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result on your driver's license being suspended, you may have the Clerk of Courts certify a copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter. Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013 717-240-6250 WHITE - Clerk of Courts GREEN - Affiant's Copy CLERK OF COURTS YELLOW - District Judge PINK - District Attorney GOLD - Defendant UPS Next Day Air' a Worldwide Express" Shippinq Document ea instructions on back. VM UPS.come or can t-NO44CK-UPSO (800-742-5877) ar additional information and UPS Tariff/Terms and Conditions. • 1Z Y60 475 22 1000 4177 Y60475 REFERENCE NUMBER r' NAME ELEPHONE 609-397-8400 DMPANY JEFFREY L WEINSTEIN S13EET ADDRESS 1 QUARRY ST NEIGNT 1141EP1510PIAL LARGE + SHIPPER ;nteE 'UR":f caner INEICHT PACKAGE RELEASE f u aaof?canie ? ? 1 NEXT DAY ? EXPRESS (JNT-L) (it AIR FOR WORLDWIDE EXPRESS SHIPMENTS DOCUMENTS S ?e ? Mark an 'X" in this bds it shioment onlT contains documents of no cummrEcial value SATURDAY ONLY SATURDAY +gi sdd339. S a- str ? PIC P Q DELIVERY S 5 g KU 5 ? h .bm. 5+1 ?mhht\I•nf DECLARED ' ALUE ? FOR CARRIAGE 5 5 c+nw .+. +h - „.«v IN uP i ioro 5 ,?. ^ +er1aN ualron ? we AMOUNT K duel . .+ a c.on..ma .mm,iE \, a uxcod. us r+o+ch+n. AMOUNT e 9 tuq1M.,? r • ? An Additional Handling Charge appl See msttuchorls. Stems tes for certain S rll5' f3:a' q . 5 j1 e D ?u 311 1 BILL THIR . -5"'n•`e's I RECEIVER PARTY CREDIT s A(co."I LkNlrfn[da1 CARD r -L NUMafe 1 ? • I ,v- ne Cl Caprei+ D Diner s s flue Mastercard C HECK El ?$ ? r' ? 1 Visa Ida CITY AND STATE ZIP CODE LAMBERTVILLE NJ 08630-1117 4 1_ EXTREMELY URGENT DELIVERY TO NAME-,. f TELEPHONE QW.ANY _ 3a ww ,q~ w - f $j$EETADDRESS ..- DEPT CRy RDedveral (w CITY . W/ STATE itNCLUUE CO(JNfRY IF iWERNATIONAk) =1 CODE III IIII! IIII IIIIliII111111IIillIlll IIIII 1111111 II iii ela•cn .I L.. uawo+¢ann+o in vanav .? ARTYS E ww,r+wv. un ..E.? ..en.w++N ? dal vrkt.alamnvanoerl ?. na„r w«u.«..a"'+aa.>..tnnwr? •?•*•.•••^ ;]L'-v w" E. +t/nniurn Wbvu?M.dm,.lalane df.wn j??L?iE 1 SHIPPER'S Y iq,Yp? SIGNATURE /\ 3??511+..?e All shipments are slrbiecXle*oaRnna ca itaktad in Use UPS TariM/tmrsn wA pTE uF..HIPMENT CandMlons of Semke, whkh are available at ups.com and local UPS oMkn, 1., : 0101911202609 1-07 3 S'HIPPER'S CCP`f auc 3 ~ zoo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION vs. NO. 10-4808 ATTORNEY I.D. N0.51542 PAUL J. LEVINSKY ORDER AND NOW, this 3~ S day of ~ ., 2010, upon consideration of the foregoing on motion of Paul J. Levinsky, the license suspension hearing scheduled for September 1g` 2010 is continued until after the hearing date for Petitioner's Summary appeal in Case No. CP-21-MD-577-2010. O ~d/d .t.r+~! Hearing is fixed for the ~~ day of , at /~••3 d o'clock in Courtroom # ~ ,Cumberland County, Pennsylvania. Petitioner to notify the Department forthwith. BY COUR ~~~ y ~~~~ J . Gc~~t;JS'~~c ~ off' `TR~cc.~~ '~. A. ~~~ 4~~/~~ - ~ J, ~ c, ~ ~~ ~n~;;; z~ c~ ~ ;~= ~i ~ ~~' '~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION n COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VS. PAUL J. LEVINSKY K? NO. 10-4808 F ATTORNEY I.D. NO. 515 5. 'J MOTION FOR SUPERCEDEAS of SUSPENSION OF PETITIONER'S DRIVING PRIVILEGES PENDING FINAL HEARING 1. Appellant herein is Paul J. Levinsky, residing at and having an address of P.O. Box 1773, Dickinson College Hub 1167, Carlisle, PA 17013. 2. Appellee herein is the Department of Transportation for the Commonwealth of Pennsylvania, having a :mailing address of Department of Transportation, Bureau of Driver Licensing, P.O. Box 68693, Harrisburg, PA 17106-8693. 3. Appellant filed the within appeal of his driver's license suspension on July 21" 2010. r; { 7- 4. The underlying basis for the suspension is Appellant's conviction for underage possession of alcohol, 18 Pa. Cs. 6308, entered on April 16" 2010. 5. On July 22nd Appellant filed a separate Petition for Leave to file an Appeal of the underlying conviction, nunc pro tunc. The reasons for the late filing of the appeal are set forth in the Petition(Exhibit A). By way of brief summary, petitioner missed the District Court hearing due to a scheduling mixup wherein he believed to be the correct time was 11:15 am . The time for the continued hearing was 9:00 a.m. , and not the 11:15am time of the initial hearing. Petitioner was convicted after trial in absentia, and paid the fine after his parents told. him to get it over with. Petitioner was not counseled, and did not realize the collateral consequence of this summary offense with respect to suspension of driving privileges as well as potential impact on his planned career as a dentist, specifically, the stringent licensing requirements by the State of New Jersey, where he intends to practice. 6. Petitioner was not aware of these consequences until he received the PennDot notice of driver's license suspension and retained my office to represent him. Due to a clerical error, the within license suspension appeal was filed one day late, therefore the automatic suprecedeas upon filing a PennDot appeal was not granted. And since the appeal of the summary conviction was filed out of time, PennDot's normal policy upon issuing a stay of license suspension while a summary appeal is pending also does not apply. 7. By order dated August 20" 2010, the Honorable Albert H. Masland Jr. granted Petitioner 30 days from the date of the order to file a notice of appeal from the underlying summary conviction. Petitioner delivered the completed notice of appeal to the Clerk of Courts on August 31s' 2010. 8. 1 discussed these issues with Philip Bricknell, Esq., the PennDot counsel who is handling this matter. Mr. Bricknell graciously indicated that under the circumstances he would not oppose Petitioner's motion for a supercedas to reinstate Petitioner's driving privileges pending the outcome of this matter and of the summary appeal. 9. Petitioner has a New Jersey driver's license that is up for renewal on September 30" 2010. He will be denied renewal of his New Jersey driver's license if this suspension remains active. It will be a hardship for Appellant if he loses his New Jersey driving privileges because he visits his parents home in New Jersey regularly in order to assist in caring for his father, who is being treated for prostate cancer. Appellant assists with errands and driving his father to medical appointments. It would be difficult for Appellant's family if he were not able to drive to provide this assistance. Respectfu ub t rey L. Weinstein Attorney for Petitioner/Appellant Dated: September 3, 2010 VERIFICATION I verify that the statements made in this Motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ,r COT ey L. Weinstein Attorney for Appellant Dated: September 3, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA rG + ` _, t " j NO. r ?.a ATTORNEY I.D. NO. 51542 PAUL JOHN LEVINSKY PETITION FOR LEAVE TO APPEAL MWC PRO TUVC FROM A CONVICTION nF A SUNINIARY OFFENSE Petitioner is Paul John Levinsky, residing at and having an address of P.O. Box 1773, Dickinson College Hub 1167, Carlisle, PA 17013. 2 Petitioner was convicted of Underage Possession of Alcohol, contrary to Pa. C.S. 6308 on 2010 April 16'h in District Court 09-2-02. (Summons, Exhibit A to Petition) The offense occurred on February 28"'20 10. 3 The arresting officer from Dickinson College Department of Public Service("DPS'*) advised Petitioner to plead not guilty since Petitioner had no prior alcohol related offenses(or any other offenses) at Dickinson College. 4 After Petitioner entered his not guilty plea, the District Court scheduled the matter for trial on April 12" 2010 at 11:00 a.m. 5 Petitioner had a final exam in his Psychology/Brain and Behavior class as well as a college hearing scheduled on April 12"'. Petitioner advised the Clerk of the District Court of this conflict, and the Clerk rescheduled the hearing for April 16'h at 9:00 a.m. 6. Petitioner had a particularly stressful week, as he had the Psych exam on Monday April 12"', a college hearing on Thursday April 15", as well as a very demanding Physics final exam on 1-4 Thursday April 15"'. Petitioner spent tile week preparing for his college hearing as well as these final exams. As a result, Petitioner believe that the rescheduled District Court hearing was on April 16'h at 11:00 a.m., the time of the original bearing, instead of 9:15 a.m. 7. Petitioner showed up at the District Court on Friday April 16"' at 11:00 a.m., believing that lie was on time, only to learn when he checked in that he was 1 hour and 45 minutes late. He fijrther learned to his dismay that the hearing was held in his absence and would not be rescheduled. 8. Petitioner was advised by the Clerk and the DPS officer that he could just pa}' the fine. Petitioner called his parents, who advised him to just pay the fine and get it over w ith. Based upon this lay advice, Petitioner paid the fine. 9. Petitioner did not realize at the time that he paid the fine that he was convicted of a summary offense which would create a criminal related record and would lead to a mandatory suspension of his driving privileges. He also did not realize that he had a right to file a de noro appeal within 30 days of the conviction. Defendant believed he was simply paying a fine for a college related alcohol offense and was not aware of the consequences of a conviction for this summary offense. 10. Defendant did not realize that the conviction carried a period of license suspension until he received a notification from PennDot after June 17`h 2010. By that time the period of appeal had expired. Shortly thereafter Petitioner retained counsel to prepare the instant Petition. 11. It was only after retaining counsel that Petitioner became aware of the collateral consequences of a conviction for a summary criminal offense. Petitioner is studying to become a Dentist, and State license requirements in New Jersey, where he intends to practice, are stringent. Questions are asked about offenses of any nature, and could have a negative impact on his ability to be licensed. 12. Had Petitioner realized the potential impact on his future career, he would have retained counsel at the District Court level. Counsel would have sought a Pre-Adjudication Disposition under 18 Pa. C.S. 6308(c), which would have avoided a conviction and license suspension. Alternatively, counsel would have sought to have the summan- charge amended to a Township Ordinance, which also would have avoided these consequences. Given his lack of prior criminal and disciplinary history at college, and that the DPS officer told Petitioner that he was impressed with his honesty and cooperation, it is likely that Petitioner would have avoided conviction of the summary offense under one of these two scenarios. 13. The an-esting DPS officer never found alcohol in Petitioner's possession; nor did the officer take any breath or blood sample that would have confirmed that defendant had been drinking alcohol. 14. Petitioner submits that he has demonstrated extenuating circumstances and that it is in the interests of justice to allow the appeal from his conviction for driving while suspended nunc pro tunc and to schedule this matter for a trial de noi,o. WHEREFORE, Petitioner respectfully requests that this Court enter an order extending the time for filing an appeal in this matter and allowing Petitioner to appeal nunc pro twic from the April 16" 2010 conviction of Underage Possession of Alcohol and to schedule this matter for a trial de 120110. Respec)?idflly su.Ip t Aoffr'ey L. Weinstein Attorney for Petitioner July 19" 2010 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. J /,-., Paul John Levinsky Petitioner Dated: ? ? ? '0 COMMONUTALTH OF PENNSYLVANIA CITATION NO. NON-TRAFFIC MATIONP 8 5 7,9 814 - 5 P n? 14 N ~ H, BC s} I G ?D?` S , . . a ,? is N o ui 49.4 P 3oHN EVENS o a X33 7 0%- PaTre alWLW Whbr W O AM?t ~ (M1JC M . (e) ? M.at V c ? „M ? R.ry.r MI Al QwrAnrt ? (F) o F.rtlob t! o kmM Armrkmn ill 0 CNIIadammm ,. Q Y.. ,. ..,?,,.... Vee ,. ._ ..... ,.,,.. ? DW.A.ti' C.,&.1 U C*,O l T..... Cl T,.It of servo-- O ol"V,.t Ml.cnl.t O Mer.rr.wv ? PuMa Dn dmma" ? Srtll.rYp p"Isl, ? w ? PAW T me f Pu,d.er, Corr,waptbr,, Pww...ivn ar Trer,?orso= d L low a Melt or brewed B.vsrp.s ? Of,er 7 z P t L.. lei P, 0? - cmm 00" IT" 9 t ne 1 ., 43 9K (a d. f a;? .or r ?uJCJ-j . • ` 1 23.50 G 6 O a'' C ,.....-. w...... •TOT4L ! ,J DtiE S (. R ;aFEB( 4r re7 vw/ Cn?l:sta Qo•••• ?, ? yak 43y L.le/? L•.11,.. S? C..?; c P11 Ils(1 ??+iCR??•?A ?i x .,. .? Q rrw ? _ w It E 0.... ?w..r?r r w. c?r? o.. M I r. r.My r r.ra ' OMIC9t s lYM sADO! I.tl,lei01 oft I uJ pi Ust. 05 P.o,,Si*x 1223 Vi It tlL7 6? C. ts1. ?A 11-m 1:1 P8579814-5 r. M rt .rw r n.waroece•vn.a. e.peall%prl JUL1GGt 2 aged TZBLObzLTLG N3NU9M3NGXdd 13r83SH-1 dH Wdaoia OTOZ ZZ unC COMMONWEALTH OF PENNSYLVANIA r•ni 1krrv rllc:. Ctntainua&M mmv, Dot, 09-2-02 ,,,o., h.m.: Ho JESSIC& BREII9711t?t "d° : 18 H R&MOVM ST S'i'te 106 CARLISLE, PA T?bpfonr (717) 240-6564 17013 JESSICA BRSNBRIUM is N BAIIIOVZR ST STS 106 CARLISLE, PA 17013 NOTICE OF TRIAL SUMMARY CASE COMMONWEALTH OF PENNSYLVANIA vs. DEFENDANT: NAME and ADtNWSS rL1SPI>sisKY, PAUL JOHN PO BOX 1773 DICJCCOSON COL.L EMB 1167 LCAR'4ISLE, PA 17013 Docket No.: ET-0000180-10 Date Filed: 3/05/10 J _ Charoe(s): 3 18 56308 INA PURCH, COKE, POSS Or ALCOS. HEY HY A NIHl7R This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $ .00 has been accepted as collateral for your appearance at trial. Your trial has boon scheduled as follows: Date: 4712715 Place: I 69-2-62 18 N BANG Van ST STE 106 CARLISLE, FA 17013 Time: 11:00 AN 717-240-6564 You have the right to be represented by an attorney. You nave me TQFIL m r?avn MlY vvfu wawa V- •• • •J ??? responsibility to notify your anomey and/or witnesses of this trial date and time. Should you fall to appear for your trial, a warrant may be issued for your arrest. Failure to appear for your trial shall constitute consent to trial in your absence and If you are found guilty, tho collateral deposited shall be forfeited and applied toward the fine and costs. You shall have the right to appeal within thirty days for a trial de novo. If you have any questions, please call the above office Immediately. w 3/10/1.0 pie Cj1' A+: Itil+ rk:t Judge My Commission expires first "day of Janus--Y, 2012 , ? 1? if you are disabled and require a feasonabla acoarnmodstion to gain access th tr Court and Its services, please contact the Magisterial District Court at the above ad r• We are unable to provide transportation. ??bl trK? LtLL COPIES PRI31PSD v.y?s :ITATIOK NaMBERt P8579814-5 DATE CITATION 9IG>siED: /28/10 DATA PRIN TIMa 3/10/10 9:08:02 AN AOPC 611-05 L aged IZSLObZLTLS 83NUGMEINUXH3 13CNEISd1 dH WdSO:Z OtOZ ZZ unC COMMONWEALTH OF PENNSYLVANIA rni ikrrv nF U.Q. 0.4, N.. 09-2-02 Mo., w w Mon. JBt39ICa IS N H 39R ST STE 106 CARLISLE, PA r i.* .: (717 ) 240-6564 17013 NOTICE OF CONTINUANCE COMMONWEALTH OF PENNSYLVANIA VS. DEFENDAPIT: wmC end ADORESS rLEVIlff=Y, Pmm .TOHn PO 90 1773 DICKERSON COLL RUB 1167 3 -I LCARLISLE, PA 1701 J JESSICA SitEff>3AiCSR 18 N 871HVV1lR ST iSTS 106 Docket No.: 1NT-0000180-10 cimLISI,B, PA 17013 Date Filed: 3/05/10 Please note that the hearing In the above captioned case, which was scheduled to occur on: 4/12/10 has been continued to: Date: 4/16/10 Place: DISTRICT COMM 09-2-02 18 N EDWOYER ST STS 106 Time: 9t15 Am CARLISLE, PA 17013 If you have any questions, please contact this office Immediately. Continuance requested by: If you are disabled and require assistance, please contact the Magisterial District office at the address above. 4/08/10 Date My commission expire: LEVINSKY, PAUL JOHN Judge CITATION NUMBER: P8579814-5 DATE PRINTED: 4/08/10 12:18:56 PM AOPC DATE CITATION ISSQBD: 2/28/10 8 aged T28L0b2LTL6 N3AlJffM3NRXW3 12rN3SH1 dH Wd90:2 OTOZ as unr COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Z- 09-2-02 Mn.7 Nwm* Horn JESSICA BREMBAXER A" 18 Y HAIttOVER ST STS 106 CARLISLE, Pik r.w.,,. (717) 240-6564 17013 JESSICA BREWBAKER 18 X HANOVER OT STS 106 CARLISLE. PA 17013 PENNSYLVANIA vs. DEFENDANT: NAME &a ADDRESS 7I.SVINSICY, PAUL JOEM PO BOX 1773 DICIMMON COLL HUE 1167 LCARLISLE, PA 17013 Docket No.: NT-0000180-10 Date Fled: 3/05/10 Charge(s): I THIS IS TO NOTIFY YOU THAT: On 4/16/10 your trial on the above charge(s) was held in the Magisterial District Court listed above in your absence pursuant to Pa.R.Crim.P.455. You were found guilty and sentenoed to the totlowing: ? On , you were convicted of or pled guilty to you to the following: D X Sentenced to Fines, Coats, and Restitution ® You are hereby ordered to make payment to this court on 4/16/1 t ? 'You are herby ordered to make an initial payment to 1Ns cart In the amount of S on Rater to the Magisterial District Judge Payment Order for additional payme scheduhr Inforrttutlon. ORDER IMPOSING SENTENCE COMMONWEALTH OF the above cnargets) ano i sentencea Collateral Amt Set: $.00 Fines: 0100.00 Costs: $113.50 Other: $23.50 Restitution: $ . 00 Total $237.05- Paid to Date: $.00 Adjusted to Date: $.00 Case Balance S237,00 I You are hereby ordered 10 make an initial payment of S due on or before Thereafter. a minimum payment of S !:hall be made to thts court with a that payment on Refer fo the Magistedaf Dlatrict Judge Payment Order for eddieonal payment schedule Infornatlon. Alternate Sentence/Intermediate Punishment YOU HAVE 30DAY9 TO APPRAL. PAT IN FULL OR SET UP PAYSCIM"S ARRAtI?Etitt?'PS. PAXLVRE TO DO SO VTLL RSSVLT IN A 9MRRMlI? FOR YOUR ARREST - to commence on 4/16/10 and corrode on 5/17110 ? Sentenced to Imprisonment A tell sentence of _ in the You must appear for the execution of your IWI sentence on (if you tole. an appeal, the exactution of I" sentence will be stayed pending the outcome of your appeal, and the Issuing authority may set hell or collateral. Refer to the Order to Appear for Jail Sentence for further information.) You have the right to appeal to the Court of Common Pleas within 30 days-tot a trial de now. of Common Pleas or your appeal may be dl d. II you are fountl not guilty, arty money p It you have any questions, please call this oedlatel. ?t r. (1 x!16/10 _ Date C1A C-P, i My commission expires first Monday i anuary, 2012 DJkTS PR=NTS'D: 4/16/10 .10:26:56 AN AOPC ASSI.05 9 aged T28L0*2L1:LG N3NUEI`l389Xdd 131763Sd1 dH at de now in the Court 11 De returned to you. .r? a ict Judge 0; ?.sWdSo:Z olo2 zZ unr CERTIFICATION OF -DISPOSITION . ADJUDICATION .(Circle.,Apprapriate Code) Nor:-appearance Paid Fyne and Cosa ......................................... I Found Guilty ....................................................................c Found Not Why ................................................................. 3 Pled Guilty ...................................................---.................. 4 Dismiseei .......................................................... .......... 5 Accelerated Rehabilitative Deposition (ARD) ..................................... 6 Prosecution Withdrawn .......................................................... 7 SENTENCE _ Fine ............................................................ $ Coats . ...... B J.C.P./A.7,JJC.JM.A............................................. S 23.5 Restlt......_..... ................................... ./...... 7cital . i Oats of Ad?udhcation 20 Committed to Number of Days. $ Palo in Full lnatafiment Paymerm Allowed (Sub)ocl to fAodltication by the Magisterial District Judge) $ _ Per Installment 20 Date Final Payment Must be Made i The intonation contalrled neon is true and correct and I hays affixed of my o()tca 6loeatutlp of Magistanat usatrict .fudge R Magisterial DIs i Number g a3ed T28LD?ZLTL6 H3XUHM38aXHd IMS3Sd1 dH WdZo=Z oToa ZZ unr COMMONWEALTH OF PENNSYLVANIA COUNTY CF ar 09-2-02 ua Nmw: Hm JESSICA 18 N KAV0 VKR ST STS 106 CARLISLE, PA T-w w. (717) 940-6564 17013 JESSICA IS N EAPNOVER ST STE 106 CARLISLE, PA 17 013 SUSPENSION OF OPERATING PRIVILEGE - DL-21C COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NA?IE and ADDRESS 1XVI iSKY, PAUL MEN PO BOX 1773 DICKINSON COLT, EOE 1167 SARLISLN, PA 17013 J Docket No.: NT-0000180-10 Date Filed: 3/05/10 COWLETE APPLICABLE INFORMATION REPORT OF A COURT ORDERING cauR- n g - 2 - n,7 THE SUSPENSION OF COUNTY C'UI?EII® OPERATING PRIVILEGE AS THE NUMBERy - 0000i80 -10 RESULT OF A VIOLATION OF SESSION CHAPTER 63 Of TITLE 18 YEAR 2010 Pam JERSEY TION NO PA 17 TE OF VIOLATION I DA STATE VIULAI JUN L;UMMI ITED: (Please use a separate form DISPOSITION: for each charge) p 18 PA.C.S. § 63107 ® CONVICTION ® 18 PA.C.S. § 6308 p PREADJUDICATION DISPOSITION (hekdlnp Cawnt Door ) 0 18 PA.C.S. § 6310.3 ORDER Of COURT. AND NOW, Having made the above recorded disposition, in accordance with the mandatory provisions of IS PA. C. S. § 6310.4(a), this court orders that the operating privilege of this person be suspended. A copy of this order Is to be forwarded to the Department of Transportation in order that the suspension can be imposed in accordance with the provisions of 18 P § 6310.4(b). BY T E . c LL (I?l---- _ '---- The understgned certifies that the foregoinbix(a certmed record of the order of court ma under the provisions of 18 PA. C, S. § 6310.4(a). DATE PR NTIJKD: SERI. qn r courr w.rrs coon k.dg.. Alapkfe,7lal Omnat uow) Dr. ConA,d) 4116/10 10:23:57 AN 521C-O'S SFNn T)4IC Ff1L7kA TM- o110eA1 . ^r nn.. S 02PCI T ZBLObzL T T,6 83NUEt1321EXUA 13CH3Sd1 dH WdSO : Z 0102 22 unC PAUL J. LEVINSKY, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA v• DOCKET NO.: 10-4808, CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ~~ ~ z~ P_._ ~-~ ...~.~ r ~ ~ MOTION TO VACATE ~.' ~ '' .; `.` ,.~, The Commonwealth of Pennsylvania, Department of Transportation, Bureau='a --~riu~r ' ~ w'~~r ~-~ Licensing (the "Department"), by and through its attorney, Philip M. Bricknell, respectll~'_, represents as follows: 1. The Department mailed to Paul J. Levinsky a notice, dated June 17, 2010, informing him that as a result of his April 16, 2010 conviction for violating Section 6308 of the Criminal Code, 18 Pa.C.S. § 6308, relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages, his driving privilege was being suspended for a period of three months. See Exhibit 1. 2. On July 21, 2010, Levinsky filed an untimely petition for appeal from a suspension of operating privilege in the Court of Common Pleas of Cumberland County. See Exhibit 2. 3. On September 9, 2010, this Court issued an order granting Levinsky's motion for a supersedeas of the suspension of his driving privilege. See Exhibit 3. The Department was not served with a copy of Levinsky's motion for a supersedeas. 4. Counsel for the Department was contacted regarding Levinsky's motion and did not oppose it believing it was made in regards to a timely filed appeal. 5. Counsel for the Department became aware on September 21, 2010 that Levinsky's appeal is untimely. 6. This Court lacks jurisdiction to grant Levinsky's motion or to hear the merits of his appeal of the suspension of his driving privileges. 7. An appeal of a license suspension must be filed within thirty days of the mailing date of the Department's Notice of Suspension. See 75 Pa. C.S. § 1550 and 42 Pa. C.S. §§ 5571 and 5572. See Hudson v. Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594 (Pa. Cmwlth. 2003); Bye v. Department of Transportation, Bureau of Driver Licensing, 607 A.2d 325 (Pa. Cmwlth. 1992). 8. Failure to file the appeal within the thirty-day appeal period deprives the court of jurisdiction to entertain the merits of the case. See 42 Pa.C.S. § 5505; Hudson v. Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594 (Pa. Cmwlth. 2003); Kovalesky v. Department of Transportation, Bureau of Driver Licensing, 850 A.2d 26 (Pa. Cmwlth. 2004); Department of Transportation, Bureau of Motor Vehicles v. Shemer, 629 A.2d 1063 (Pa. Cmwlth. 1993), affirmed by Shemer v. Department of Transportation, Bureau of Motor Vehicles, 536 Pa. 635, 637 A.2d 294 (1993) (appeal quashed when filed one day after the expiration of the 30-day appeal period). 9. An appeal taken after the right to take an appeal has expired is null and void and is subject to being quashed and dismissed for want of jurisdiction. See Maxion v. Department of Transportation, Bureau of Driver Licensing, 728 A.2d 442 (Pa. Cmwlth. 1999); McKeown v. Department of Transportation, 601 A.2d 486 (Pa. Cmwlth. 1991); See also Smith v. Department of Transportation, Bureau of Driver Licensing, 749 A.2d 1065 (Pa. Cmwlth. 2000), Department of Transportation, Bureau of Driver Licensing v. Gross, 540 A.2d 343 (Pa. Cmwlth. 1988). 10. An appeal nunc pro tunc maybe allowed when the party requests to appeal nunc pro tune and there is proof of fraud or breakdown of administrative or judicial system which caused the late filing. See Kovalesky v. Department of Transportation, Bureau of Driver Licensing, 850 A.2d 26 (Pa. Cmwlth. 2004). 11. An appeal nunc pro tunc may also be allowed when the party requests to appeal nunc pro tunc and there were extraordinary circumstances by which the petitioner was precluded from tiling a timely appeal due to non-negligent, unforeseeable, and unavoidable consequences. See Schofield r. Department of Transportation, Bureau of Driver Licensing, 828 A.2d 510 (Pa. Cmwlth. 2003); Puckett v. Department of Transportation, Bureau of Driver Licensing, 804 A.2d 140 (Pa. Cmwlth. 2002). 12. "A trial court should permit an appeal nunc pro tunc `only where the party making the request has shown that the delay in filing the appeal was engendered by extraordinary circumstances involving fraud or a breakdown in the court's operation through a default of its o~cers which has resulted in injury to the appeal party. "' Department of Transportation, Bureau of Driver Licensing v. Schillaci, 162 Pa. Commw. 542, 639 A.2d 924, 925 (Pa. Cmwlth. 1994) (emphasis in original); quoting Department of Transportation, Bureau of Driver Licensing v. Lang, 148 Pa. Commw. 19, 610 A.2d 1076, 1077 (Pa. Cmwlth. 1991) petition for allowance of appeal denied, 530 Pa. 647, 607 A.2d 256 (1992). 13. Before nunc pro tunc relief may be granted, Courts of Common Pleas must hold a hearing on licensee's petition to appeal nunc pro tunc to resolve the question of why licensee's appeal is untimely. Schillaci, 639 A.2d at 926. 14. Here, Levinsky asserts in his July 21, 2010 suspension appeal: The [underlying] conviction is procedurally flawed because Appellant had the initial hearing postponed, and mistakenly believed that the rescheduled date was at the llam [sic] time of the original date. In fact the time was 9:15 am. Appellant showed up at 11 am [sic) only to be told that a hearing was held in his absence and that he was convicted. Appellate [sic] explained the time mixup [sicJ, which was due to the fact that he was in the midst of studying for and taking demanding final exams in his college studies at Dickinson University. The District Court clerk advised appellant that no further adjournments would be granted and that he should just pay the fine. Appellant was advised same [sic] by his parents, though at the time Appellant did not realize that the conviction would result in the suspension of his driving privileges; nor did he realize that he was convicted of a summary offense. Sec Exhibit 2 (emphasis added). 16. Here, Levinsky's petition presents no supporting reason to grant nunc pro tunc relief. Nothing in Levinsky's petition indicates that the delay in filing his suspension appeal was attributable to fraud, an administrative breakdown in the court's operations. 17. Levinsky's petition asserts no reasons for the untimely filing of his petition for appeal from his suspension; in fact, the petition consists merely of an impermissible collateral attack on the underlying conviction. See Dick v. Department of Transportation, Bureau of Driver Licensing, A.2d (Pa. Cmwlth. 2010), Slip Op. at 10-11 ("The trial court may not conduct any inquiry into whether the licensee should have been convicted."). WHEREFORE, the Department respectfully requests that the September 9, 2010 order granting Levinsky's motion for supersedeas be vacated and that an order scheduling a hearing regarding the nunc pro tunc issues raised by Levinsky's petition for appeal from a suspension of his operating privilege be issued. Respectfully submitted, ~--- ~- l _~~ Philip M. Bricknell Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 Date: September 23, 2010 VERIFICATION I, Philip M. Bricknell, verify that the facts contained in the foregoing document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: September 23, 2010 ~ ~, - / `-----_~ Philip M. Bricknell EXHIBIT 1 s COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 17, 2010 PAUL JOHN LEVINSKY WID # 101616123521242 001 DICKINSON LOLL HUB llb7 PROCESSING DATE 06/10/2010 PO BOX 1773 DRIVER LICENSE # 30410663 CARLISLE PA 17013 DATE OF BIRTH 09/14/1989 Dear MR. LEVINSKY: As a result of your violation on 02/28/2010 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1532D of the vehicle code_ The effective date of suspension is 07/22/2010, 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 should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until alI the requirements are satisfied. COMP YIN WTTN THT T~PFNS_ION You must acknowledge this suspension of your driving privi- lege_ You will not receive credit toward serving any sus- pension until we receive your acknowledgment form. You may surrender the acknowledgment form before this date, 07/22/2010, for earlier credit. Complete the following steps to acknowledge this suspension: ~ 1. Complete the enclosed DL-16LC acknowledgment form. 2_ Be sure to sign the form. 3_ Return the form to: Pennsylvania Department of Transportation Bureau of Driver Licensing P_O. Box 68693 Harrisburg, PA 17106-8693 4_ Upon receipt, review and acceptance of this acknowledg- ment, PennDOT will send you a receipt confirming the date that credit began_ If you do not receive a receipt from us within 3 weeks of mailing your documents, 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. ~-xh~~ 101616123521242 PAYTN(, TT-7R u~cmnAA~rrnr-r ~~~ ~~ 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. 3. Follow the payment and mailing instructions on the back of the application_ Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". PROVIDING PROOF OF INSURAN E Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: 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. P A You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 17, 2010, of this letter_ If you file an appeal in the County Court, the Court will give 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 OFFICIAL NOTICE OF SUSPENSION. You must return the enclosed DL-16LC acknowledgment form to PennDOT by 07/22/2010. 101616123521242 Sincerely, ~~ ~~e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORM T ON 8. 0 0 a m +- 6 0 0 p 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 pa u~ EXHIBIT 2 hi THE COURT OF COItiIMON PLEAS OF CUMBERLAND' ~~ , COUNTY, PENNSYLVANIA CIVIL DIVISION COitlitTON~~'EALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPOR"TAT[ON vs. NO. ~D - ~S,pa ~W~~ t~t'M~ ATTORNEY" LD. NO, X1542 PAUL J. LEVINSKY PETITION FOR APPEAL FROP1-i A SUSPE\'SIOr OF OPERATING PRIVILEGE 1. :4ppellant herein is Paui 3. Levinsky-, residing at and having an address of P.O. Box i 773, Dickinson College Hub 1167, Carlisle, PA ]7013 ?. Appellee herein is the Department ofTransportation forthe Commonwealth ofPennsylvania, having a mai ling address of Department ofTransportation, Bureau of Driver Licensing. P.O. Box 68693, Harrisburg, PA 17106-8693. 3. By letter or notice dated Jw~e l 7`'' 2010, a copy of which is attached hereto as Exhibit A, the Dcpartment of Transportation ordered Appellant to surrender his operating license for a .period ofninety(90j days based upon a conviction for 18 Pa. CS. 6308. -1. Supersedeas: Pursuant to ?5 Pa.C.S..A. 1~50(b)(1(i), Appellant is retaining driver's license until final deternlination of the suspension of operating privilege. ~. The said suspension of Appelant's operating privileges is improper or unla~~~ful far the follawing reasons: The underlying conviction that is the basis for the suspension is procedurally and substantively fla~~-ed, and is the subject of a none pro trrrtc appeal. The conviction is procedurally flawed because Appellant had the initial hearing postponed, and mistakenly believed that the rescheduled date was at the 1 ! am time of the original date. In fact the time was 9:15 arn. Appellant showed up at I l am only to be told that a hearing was held in leis absence and that he was convicted. Appellate explained the tune mixup, which was due to the fact that he was in the midst of studying for and taking demanding final exams in his college studies at Dickinson University. The District Court clerk advised appel !ant that no further adjournments would be granted and that he should just pay the fine. Appellant was advised same by his parents, though at the time Appellant did not realize that the conviction would result in the suspension of his driving privileges; nor did he realize that he was comficted of a summary offense. The conviction is substantively flatived because no one saw Appellant possess alcohol, nor was any test given- that would have sho«~ed the presence of alcohol in .Appellant's system. Since Appellant has filed an appeal of the underlying conviction, the suspension should be stayed until such time that a determination is made on the appeal. Appellant requests that this matter be set down for a hearing and that the order of suspension be sct aside. Respectfully, submitted, .%~ ,.~ --~ ,~ r -~. .Attorney for Appellant Dated: ,1uly 19`'' ?010 EXHIBIT 3 09/21/2010 15:10 FAg 9084J9222J DAVID S BUNEVICH Eq f~001/001 ,. ~ .. ; ~ .. ;..,..c_yr ti.. ~; '„~Rir~fw:~Y..a.. ik:, ,d:. ±.: om,~4; f^~„yi~«n;;..+:- 1 ~n q~,*,"fe r:ti-~ ~ '"~.- ",,d. ~{i! ° ~ .f~i,d::s:,"•,,1.,x:1"ca,' ~. ~.vm ~~ J ~ 0 ~~p p 8 `101 D Iry T>KE COURT OF COMMON PLEAS OF CiIMBERI-ANn ~~ COUNTY, PE~Syt,VnN1A CiVXL bIVISXON ~ g va-NYA x COM1vIONvVEALTH OF PENN YL lyo" Xp-4808 ` DEPART1v~NT OF TRANSpORTATXON - ~O vs. ATTORNXJX I•D• NO.51542 PA+:UL ~: LE'VIlINSi{X ORDER ~a of ~ . ~ , 201.0, upon consideration of the foregoing motion o£ AND TIOW, this ~ y appellant Paul J_ Y;evinsky, for a supercedeas o~the suspension of his dt1vingp~vileges pending the outcome of the summary appeal pending in Case No. CP-21-MD-577-2010, and pending the ouTCOme of the within appeal, and the Commonwealth of Pennsylvania, Department of Transportation, having no opposition to the relief requested; XT XS HEREBY ORnERE)D: That The CommonwealTh of pennsylvanta, Depar~nent of Transportation, shall restore the driving privileges of Appellant Paul J. Lcvinsky, License No. 30410663, pending the 5'nal outcome n o ~ of the summary appeal in Case No. CP-21-MD-577-2010 and the within license suspensor ~ appeal. ~~ ~_ _,. Petitioner to notify the DepartmenT forthwith. ~~: ~ ~ ~~ -~ ~~ w BY THE COURT ~ ~" ~ ~~r~ PAUL J. LEVINSKY, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA v• DOCKET NO.: 10-4808, CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT CERTIFICATE OF SERVICE The foregoing motion to change venue was served via first class mail on September 23, 2010 on the following: Jeffrey L. Weinstein, Esq. P.O. Box 473 Oldwick, NJ 08858 y ~ ,_ j i Philip M. Bricknell Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 1 7 1 04-25 1 6 (717) 787-2830 ~ ~ ~ SEP 2 4 2010 PAUL J. LEVINSKY, PETITIONER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 10-4808, CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this ~l day of _ , 2010, upon consideration of the Department's Motion to Vacate, this Court grants the Department's motion and VACATES its September 9, 2010 order granting motion for supersedeas filed by Petitioner, Paul Levinsky. It is further ORDERED that a hearing on Petitioner's Hunt pro tunc appeal of the suspension of his operating privilege will be scheduled for the ~ ~~~day of ~ , 2010, ~~~ Q.m., in Courtroom Room No. ~of the Cumberland County Courthouse, Carlisle, PA. By the Court: DISTRIBUTION: Jeffrey L. Weinstein Esq., P.O. Box 473 Oldwick, NJ 08858 /rPhilip M. Bricknell, Esq., PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 J. ~~ ~~ld cry rte-- r "~ ~ ~' l> ~ a.~-, ~_ r ~ ~' L .:.. o ~~~' ;~ ~ ~~ ~ ~rn ~ W a~ -< Commonwealth of Pennsylvania vs Paul J. Levinsky In the Court of Common Pleas of Cumberland County, Pennsylvania No. 10-4808 Civil Term C 7 N CD ?. L0 PRAECIPE - - ? ? y TO WITHDRAW LICENSE SUSPENSION APPEAL _- TO THE PROTHONOTARY: y µ> Please withdraw and discontinue the above referenced Petition For Appeal From A Suspension Of Operating Privilege. David D. Buell, Prothonotary Attorney Info: Jeffrey L. Weinstein - Atty for Petitioner, Paul Levinsky Bunevich & Weinstein 20 P.O. Box 541 Lambertville, New Jersey 08530 Attorney for Plaintiff 609-397-8400