HomeMy WebLinkAbout04-3385DEPARTMENT OF TRANSPORTATION :
COMMONWEALTH OF PENNSYLVANIA:
SAFET KLOVO,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
APPEAL FROM LICENSE SUSPENSION
PETITION FOR APPEAL OF LICENSE SUSPENSION
AND NOW, comes Appellant, Safet Klovo, pro se, who files the following petition:
1. Safet Klovo is an adult individual currently residing at 149 Faith Circle, Carlisle,
Pennsylvania 17013.
2. On June 11, 2004, Pennsylvania Department of Transportation sent to Appellant a notice
of License Suspension, a copy of which is attached hereto and incorporated herein by reference
as Exhibit "A".
3. On November 25, 2002 the Appellant was arrested for a DUI, but acquitted of the charge
on September 3, 2003. (Exhibit B).
4. Appellant received a one-year suspension for refusal of a chemical test on the November
25, 2002 DUI stop.
5. Appellant surrendered his license to the Pennsylvania Department of Transportation on
September 17, 2003.
6, The Appellant was stopped on April 21,2004 and cited for Driving Under Suspension,
Alcohol Related.
7. The Appellant has appealed his conviction for Driving Under Suspension (Exhibit C)
is pending a hearing in the court of common pleas on the criminal summary appeal.
8. If the criminal appeal is sustained, this civil appeal becomes moot.
WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the
priority of Appellant's license suspension and immediately stay the imposition of his license
suspension pending the result of said hearing.
Respectfully submitted,
149 Faith Circle
Carlisle, PA 17013
CONMDNNEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATIDN
Bureau of Driver Licensing
Nail Date= JUNE ~8~ 2004
SAFET KLOVO
149 FAITH CIRCLE
CARLISLE PA 17D13
WID # 0416392832S5706 DO1
PROCESSING DATE D6/1~/2OD4
DRIVER LICENSE e 262~629~
DATE OF BIRTH 12/D~/19~7
LICENSE IN BUREAU
Dear HR. KLOVO:
This is an O~fl=la[ Notice of the Suspension of your Dr/vino
Privilege as authorized by Section [5q3 of the Pennsylvania
Vehicle Code. As a result of your 06/10/200q conviction of
v$olat/ng Sect/on [5q3B of the Vehicle Code DRVNG UNDR
ALCHOL EEL SUS on 0~/21/2004;
Your driving pr/v/lege is SUSPENDED fop a ~ePlod
YEAR(S) effective 09/17/200& at 12:01 a.m.
This suspension is in add/t/on to any other suspensions
already on your record.
PROVIDING PROOF OF INSURANCE
Nithin the last 30 days of your suspension/revocation~ ~e
wi1! send you a letter asking that you provide proof of
insurance at that time, This letter ~i11 list acceptable
documents and ~hat ~ill be needed if you do not o~n a vehicle
registered in Pennsylvania,
ZHPORTAN?: Please make sure that
move from your current address.
Your address change by cal~ing
listed at the end of th/s letter,
PennDOT is notified if you
You may notify PennDOT of
any of the phone numbers
APPEAL
You have the right to appeal this action to the Court of
Common Pleas ¢Civil Division) within
date, JUNE ZS, 2004, of this letter. Zf you ftZe an appeal
In the County Count, the Count w111 glve you a time-stamped
caPriOled Copy of the &pDeal. Zn order for your appeal to
be valid, you must send this time-stamped certified copy of
the appea! by certified mail
Pennsylvania Department of Transportation
Off/ce of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA
Remember, this is an OFFZCZAL NOTZCE OF'SUSPENSZON.
Sincerely,
Rebecca L. Bicklev, D/rector
Bureau of Driver Licensing
SEND FEE/LZCENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O, Box 68693
Harrisburg, PA 17106-8693
INFORMATZON (7=00 AM TO 9=00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-$91-6190
TDD IN STATE 1-800-228-0676
TDD OUT'OF-STATE 717-391-619!
COMMONWEALTH
V.
SAFET KLOVO
OTN: L139634-5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-0905 CRIMINAL TERM
CHARGES: (1') DRIVING ON RIGHT
SIDE OF ROADWAY (S.)
(2) MAXIMUM SPEED LIMITS (S.)
AFFIANT: PTL. ANDPdEW WOLFE
ORDER OF COURT
AND NOW, this 3rd day of September, 2003, I find
defendant not guilty of driving on the right side of the
roadway. I find defendant guilty of speeding at 53 miles per
hour in a 35 mile per hour zone.
Sentence is that you pay the costs of prosecution and
a fine of $61.00.
Geoffrey S. McInroy, Esquire
Assistant District Attorney
Jessica B. Rhoades, Esquire
Assistant Public Defender
Probation
Sheriff
prs
A TRUE COPY FROM RECORD
In Test;mony whereof, I here unto setmy hand
and the seal of said Court at Cmli$1e, PA,
- __ ~_/x C~erk.O'~the Court
IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND
Notice of Appeal from Summary Criminal Conviction
(Y. 21
Name and Address of Defendant:
Name and Address of District Justice:
Zip 1 ?)i:; ~ .',.' "~,~::'-~-~/ ~'~ Zip
Magisterial District No. 9 ~- t - ~'1
Signature
Decision of District Justice:
Date of Decision 5=1v-J4
Name and mailing address of officer as shown on citation
If sentence includes fine and costs, amount of which paid:
Type or amount of bail furnished to District Justice, if any:
District Justice Docket No.
Citation
Name and Address of Attorney:
(signature)
nnt n~ ,,~ ~,,,~ ~L
(address), .
Phone:
Zip 1 701 3
At~y.I.D.~~, ':~ 3 3 4
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 in your driver's license being suspended, you
may have the Clerk of Courts certify the Bu eau of Driver Dcens~ng co py ...... ~f-th_~ a pp e,~l. f0r.. ,,y our use ~n re q uestin g
a delay in that suspension. -' ': "" ....... " '
,...
I hereby certify that an appeal had been filed in the abov~ captioned mat,ret;
, ,~ .....
'"' CLERK OF COUJ~TS
GREEN - Affiant's CODV
YELLOW - Di~tric! lustice
WHITE - Clerk of Courts
PINK - Districl Atlornev GOLD - Defendanl
DEPARTMENT OF TRANSPORTATION :
COMMONWEALTH OF PENNSYLVANIA:
V.
SAFET KLOVO,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
APPEAL FROM LICENSE SUSPENSION
CERTIFICATE OF SERVICE
I hereby certify that on this date a true and exact copy o~the foregoing PETITION FOR
APPEAL FROM LICENSE SUSPENSION was sent to the following address by United States
Mail.
DEPARTMENT OF TRANSPORTATION
Office of Chief Counsel
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Date
Respectfully submitted/~t
149 Faith Circle
Carlisle, PA 17013
DEPARTMENT OF TRANSPORTATION :
COMMONWEALTH OF PENNSYLVANIA:
:
V.
SAFET KLOVO,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
APPEAL FROM LICENSE SUSPENSION
O~RDER OF COURT
AND NOW, this _~6~day of~, 2;O4, upon presentation and
consideration of the within Pet;,;,-- v,~,. ^ ~/_~_, ff ..
.... ti ,-ur ~ppem erom Lmense Suspension, a hearing is set for the
~dayof~ "2004'atl"v°° °'cl°ck_~__.m. in Courtroom No. ~. of
the Cumberland County Courthouse. --'
FURTHERMORE, the motor vehicle license suspension irt this case is stayed pending the
disposition of this appeal hearing.
CC:
Pennsylvania Department of Transportation, Office of Chief Counsel
Safer Klovo/149 Faith Circle, Carlisle, PA 17013
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
SAFET KLOVO
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 04-3385 CIVIL TERM
ORDER OFCOURT
,;.~'eorge H. Kabusk, Esquire
Office of Chief Counsel
Vehicle & Traffic Law Division
1101 S. Front Street
Harrisburg, PA 17104-2516
,./S~afet KIovo, Pro se
149 Faith Cimle
Carlisle, PA 17013
ymbedand County Prison
1101 Claremont Road
Carlisle, PA 17013
AND NOW, this. ~-~ day of September, 2004, following a hearing, IT IS
ORDERED that the appeal of Safet KIovo from the suspension of his driving privileges,
IS DISMISSED.
By the Co,,rt, ~.~Z' ~
Edgar B. B~ley, J. .~.~
:sal