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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