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Home My WebLink About04-5075COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 0~-5'~?~' CIVIL ROBERT R. ZIVNY, Appellant NOTICE OF APPEAL OF LICENSE SUSPENSION 1. Appellant, Robert R. Zivny, is an adult individual who currently resides at 13 Oak Ddve, Mountain Top, Pennsylvania 18707. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Ddvers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County, Pennsylvania. 3. By letter dated September 7, 2004, Appellee notified Appellant that his operating privileges would be suspended for a period of eighteen (18) months, beginning on October 12, 2004. A true and correct copy is attached as Exhibit A. 4. The basis of the eighteen (18) month suspension is an alleged violation of Section 1547 of the Vehicle Code (Chemical Test Refusal) on August 3, 2004. 5. The Appellant denies that he violated Section 1547 of the Vehicle Code on August 3, 2004, or on any other date. WHEREFORE, your Appellant respectfully requests This Honorable Court to set a headng and deny the Commonwealth's request that his license be suspended. Date: Respectfully submitted, A~S, L.L.P. John/A. Abom, Esquire Atto/ney for the Appellant Attorney I.D.# 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROB£R? R Z~¥N¥ COMMONWEALTH GF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION lurssu of Or~ver Licensing Hai~ Date; SEPTEMBER 07, 2004 HOUN?AZN TOP PA ~&?07 DRIVER LIC£N~£ ~ ~qq3A~3k Dear HR. ZZVNY; PrivileGe a, author&zed by Section I~?BIIZ of the Pennsylvania Vehicle Code. As · result of Your v&oZStion of Sect&on ISa? of the Vehicle Code; CHEMICAL TEST REFUSAL; Your driving privilege is ~USPENDID HONTH(~) mffeetlve 10/12/2004 at 12:01 COMPLYING W~TH THIS SUSPENSION You must return sl~ current Pennsylvania drlvar;s licenses; leerner~s permits, temporary driver's licenses (camera cards) tn your Possess&on on or befors 10/12/200~. You may surrender thess /tees befors~ 10/12/200~, for earlier credttj however; You may not drive after these items are surrendered, YOU HAY NOT RETAIN YOUR DRZVER~I LICENSE FOR XDENTXRXCATZON PURPOSES, However; you may apply for and obtain a photo &defltificatton card at any Dr&var License Center for a cost of I0,00, You must present two (2) fores of proper identification (e.g,, birth certificate, valid U.S, .......... -4~l~POrt, m&r~&a~-*.~i~"~.t,~t,em~-~t~,~-~,.-i.~-or~.~.e- ob~m~w Your photo identification card, un~l ~ ~eoelve you~ l~ense(I). COmplete the fo2~owtn; steps to acknowledge th&s .uspenston. 1. Return 811 current Pennsylvania drtver~s Z&censes~ lmaPner's perm~t8 sad/or camsra cards to PennDOT. If you do not have any of these /teas, sand a sWOrn notarlzed letter stating ~ou are a~are of the suspenslon letter why you are ~neble to retur~ your driver's l~cenae. Remember= You may not retain your driver's 0&2~619902~615 Ponneylvania Department of Transportation Bureau of Orivar Ltcanatng P.O. Box 68693 Harrisburg, PA 17106-8695 Upon receipt, review and acceptance of your Pennsylvania driver's license(a), learner's permit(s), and/or s sworn notarized latter, PeflnDCT will send you a receipt confirming the date that credit began. ~f you dc not receive a receipt from us within S weeks, Please contact our officer Otherwise, you will not be given credit are ~s~ed a~ ~he end of ~hls ~et~er. If you do no~ re~urfl all curren~ driver license ;raduc~s, we mus~ refer ~hAs me~er ~o ~he S~a~e Police for ~rosecu~on under of ~he Pennsylvania VehlcAo Coda. PAYZNQ THE RE;T~RA~Z~N FEE You must pay a restoration foe to PennDOT to be restored from a suspension/revocation Of your driving privilege. To pay your restoration foe, complete the following stepsz Return the enclosed App~ication for Restoration. The amount due is listed on the application. 2. Hr/to your driver's ltcense number (listed on the first page) on tho check or money order to ensure proDer credit, 3. Feliou the payment and mei~nO instructions on the beck of the application. APPEAL ............ ZOu"~a~i-~'~he rl~h~'~"~'~e~i'"'~'~'~'"-~-~i'~'-~'-'the C~r-~'"'~f ........................... Common Pleas {Civil Division) within SO days of the mail date, $EPT£HBER 07, 200~, of this letter. Z~ YOU ~tle an &~poal in the County Court; tho Court ~ill give YOU a ~lme-mtmmpe~ ~ePtt~iad =o~y o~ the ap~eal. Zn order for your appeal to be valtd, you mus~ send this time-stamped certified co~y of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counao~ Third Floor, Riverfront Office center Harrisburg, PA Remember, this is on OFFiCiAL NOTXCE OF 8UBPENgZON, You must return all current Penflsylvante driver itcense products to PennDOT by 10/12/200a. Rebecca L. B~¢kle¥, D~rector Bureau of Driver LAcenslfl~ OUT'OF-STATE 717-39~-6~90 TDD OUT-OF-STATE gEB S~TE ADDRESS ~w.dmv~at~tl.~a.us CERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Dated: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 J o~./A. Aborn~-Esquire COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Vo ROBERT R. ZIVNY, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORDER AND NOW, this/?' dt~ay of Appellanrs Notice of Appeal, a hearing is set for the I~) : ~ ~, Pennsylvania. 2004, upon consideration of the in Courtroom ~ Cumberland County Courthouse, Carlisle, AND NOW, Appellee is hereby ordered to reinstate Appellanrs driving privilege J~ohn A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 i/~ennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Vo DEC 0 3 2004 IN THE COURT OF COMMON PLEAS CUMBF-'RLAND COUNTY, PENNSYLVANIA No. 04-5075 CIVIL ROBERT R. ZIVNY, Appellant AND NOW, this __ ORDER _~ay of ~ 2004, upon consideratic~n of the Appellant's Motion to Continue, said Motion is Granted and the hearing in the above- caption matter is rescheduled to the/~¢-~ay o~0(~, at30: ~~ in Courtroom # 5, Cumberland County Courth ~nnsylvania. ,~rohn A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 ~ennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ,> COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Vo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5075 CIVIL ROBERT R. ZIVNY, Appellant MOTION TO CONTINUE Appellant, Robert R. Zivny, by and through his attorney, John A. Abom, Esquire of Aborn and Kutulakis, LLP, respectfully asks for a continuance of the license suspension appeal hearing scheduled for December 6, 2004, and in sUpport thereof avers as follows: 1. On October 7, 2004, the appellant filed the above captioned appeal. 2. On October 18, 2004, this court set a hearing in this matter for December 6, 2004 at 10:00 AM. 3. In the afternoon of December 3, 2004, undersigned counsel received a phone call from the Dauphin County Court Administrator's Office directing him to appear for jury selection and trial in the matter of Commonwealth v. David Varner, Dauphin County Docket Number 1462 CR 2004, on December 6, 2004 at 9:00 AM. In previous months, said case has remained on hold and has not been called for jury selection. 4. Undersigned counsel is unavailable to appear in Cumberland County Court on December 3, 2004 at 9:00 AM. 5. No prior continuances have been requested in this matter by any party. 6. Undersigned counsel honestly believes that the Varner case will be going to trial and that trial is likely to last up to two days. 7. Undersigned Counsel spoke to Counsel for the Department of Transportation, George Kabusk, Esquire, who indicated that he is not opposed to this request. WHEREFORE, your Appellant respectfully requests This Honorable Court to Continue the hearing set for December 6, 2004 and to reschedule this matter to a future date. Date: Respectfully submitted, ABO, M... ,~& ,~I_/~,KIS, L.L.P. John A~,,A'6om, Esquire Attorn~'y for the Appellant Attorney I.D.# 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Motion to Continue, by mailing a copy of said Notice by mail addressed as follows: Dated: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYL V ANlA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTA nON, : CUMBERLAND COUN1Y, BUREAU OF DRIVER LICENSING, : PENNSYLV ANlA Appellee v. ROBERT R. ZIVINY Appellant No. 04-5075 CIVIL PRAECIPE TO WITHDRAW Kindly mark the above referenced matter withdrawn. Respectfully submitted, AC John A. Ab , Esquire Pa. AttolTI,5. LD. 77961 36South JIt:lfiover Street Carlisle, PA 17013 Attorney fir Defendant Dated: j /17(08" CERTIFICATE OF SERVICE I, John A. Abom, hereby certify that I served a copy of the within Praecipe to Withdraw, by mailing a copy of said Notice by mail addressed as follow: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 17104-2516 John A. Abom, Esquire 36 South Hanover Street Carlisle, P A 17013 Trooper William Duncan Pennsylvania State Police 248 Center Road Newville, PAl 7241 D,ttd, !/y,s ~, ,-':',',} C.::} en '- :'.'''' r'-, "'l:j ~-'1 -,- 61 G) (;:)