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DANIEL F. LENGYEI., ~~~`'`. "'~' '~ ~1IW~'I~ COURT OF COMMON PLEAS
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. ~ a " ~ C>~ U ~~1 l
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL.
BUREAU OF DRIVER LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
AND NOW, comes Daniel F. Lengyel, hereinafter Appellant, by and through his attorneys,
Mancke, UVagner & Spreha, who respectfully represent:
1. The Appellant, Daniel F. Lengyel, is an adult individual residing at 4150 A Valley Street,
Enola Cumberland County, Pennsylvania.
2. Appellee, Pennsylvania Department of Transportation, Bureau of Driver Licensing has
a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street. Harrisburg,
Dauphin County, Pennsylvania 17104-2516.
3 Ctn or about September 20, 2012, the appellant received an official notice of suspension
indicating that his driving privilege would be suspended for a period of one year as a result of an
alleged violation of 3E902(c) of the Vehicle Code. (See Exhibit A)
4. The appellant believes such suspension is unjust, illegal and improper for reasons which
include, brJt are not limited to the following:
a. The Appellant is not guilty of the underlying o1~Fense;
b. The Appellant has filed a timely appeal to the ~-uperior Court
of the underlying conviction, said appeal is pending.
WF-IEREFORE:, the appellant respectfully requests this Court grant a hearing to determine
the propriety of the suspension outlined in Exhibit A.
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Respectfully submitted,
MANCKE, WAGNER & SPREHA
Edbv~rd F. Spre a, Jr', E
Attorney ID No. 6 1
Attorney for Petition
2233 North Front Street
Harrisburg, PA 1711~J
717-234-7051
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Dated: ',
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: SEPTEMBER 20, 2012
DANIEL F LENGYEL WID # 1225767396083],1 001
4150A VALLEY ST PROCESSING DATE Q9/13,/2012
DRIVER LICENSE # 22670127
ENOLA PA ],7025 DATE OF BIRTH 04!28/1972
Dear MR. LENGYEL:
This is an Official Notice of the Suspension of your Driving
Privilege as authori2ed by Section 3804E2I of the
Pennsylvania Vehicle Code. As a result of your 07/09/2012
conviction of violating Section 3802C of the Vehicle Cade
DUI BAC .lt;+ on 05/25/2011:
^ Your driving privilege is SUSPENDED fior a period ofi 1
YEAR(S) effective 10/25/2012 at 12:01 a.m.
Before PennDOT can restorr~ your driving privilege, you must
follow the instructions in this letter for COMPLYING WITH
THIS SUSPENSION, PAYING T-HE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should follow ALL instructions very
carefully.. Even if you have served all the time an the
suspensionirevocation, we cannot restore your driving
privilege until all the requirements are satisfiied.
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
c~~rds'~ i;7 your possession on or before iU/25/2012. You may
surrender i;hese items before, 10/25/2012, for earlier
credit; however, you may not drive after these items are
surrendered.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However, you may apply for and obtain a photo
identification card at any Driver License Center for a cost
of 513.50.. You must present two (2) forms of proper
identification (e.g., birth certificate, valid U.S.
passport, marriage certificate, etc.) in order to obtain
your photo identification card.
You will not receive credit toward serving any suspension
until we receive your license(s). Complete the following
steps to acknowledge this suspension.
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122576739608311
1. Return all current Pennsylvania driver's licenses,
learner's permits and/or camera cards to PennDOT. If
you do not have any of these items, send a .sworn
notarized letter stating you are aware of the suspension
of your driving privilege. Yau must specify in your
letter why you are unable to return your driver's
license. Remember: You may not retain your driver's
license for identification purposes. Please send these
items to:
Pennsylvania Department of Transportation
Bureau of Driver Licensing
P.Q. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your Pennsylvania
driver's license(s), learner's permit(s), and/or a sworn
notarized letter, PennDOT will send you a receipt
confirming the date that credit began. If you do not
receive a receipt from us within 3 weeks, please contact
our of=fice. Otherwise, you will not be given credit
toward serving this .suspension. PennDOT phone numbers
are listed at the end of this letter.
3. I:f you do not return all current driver license
products, we must refer this matter to the Pennsy:ivani.a
State Police for prosecution under SECTION 1571(a)(4)
of the Pennsylvania Vehicle Code.
PRISON RELEASE REQUIREMENT_
The Court of CUMBERLAND CTY, Court Number 2580, Court Term
2011 has sentenced you to serve a prison term for this
violation. Pursuant to Section 1541(a.l) of the Vehicle
Cade, you will not receive credit for this
suspension/revocation or any additiana:l
suspension/revocation until you complete your prison term
and you have complied with the requirements listed in thus
letter. The Court must certify your completion to PennDOT.
You may wish to contact your probation officer and/or the
Court after your release to make sure that PennDOT is
properly r7otified.
PAYING THE RESTORATION FEE
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. T17e
amount due is listed on the application.
12257673'9608311
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 tf~e application.
Please note: Paying the restoration fee DOES NOT satisfy
the requirement to acknowledge your suspension/revocation.
If you have not acknowledged your suspension/revocati.on,
please follow the instructions listed under "Complying with
this Suespension/Revocation".
PROVIDING_PROOF OF INSURANCE
Within the last 30 days of your suspension: revocation, we
will. send you a letter asking that: you provide proof of
insurancf=~ at that time. This letter will list acceptable
document::; 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.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, SEPTEMBER 20, 2012, 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 Offices Center
Harrisburg, PA 17104-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 10/25/2012.
122576739608311
SEND FEEr'LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
Sincerely,
(/- `ti ~ ~
~' " V'
Janet L. Dolan, Director
Bureau of Driver Licensing
INFORMATION (8:00 AM TO 5:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-412-5300
TDD IN STATE L~-F300-228-0676
TDD OUT-OF-STATE 717-412-5380
f Y~/
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DANIEL F. LENGYEL,
Appellant
v.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~- l..[~ 5I f~ ~ ~ ~'
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this /~p~day of ~,~irr~~ one , 2012, upon consideration of the within
Petition, it is hereby ordered and decreed that a hearing be held on the ~ day of
Q x/11
201,x, at ~ o'clock in Courtroom ~, Cumberland County
Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by
Appellant's attorney at least sixty days prior to the date of the hearing.
By the Court:
• ~H'~
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Distribut
ion:
/
/~ward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 1710 4
/Pennsytvania Department of Transportation, Office of Chief Counsel,
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1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 -v ~
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DANIEL F. LENGYEL, IN THE COURT OF COMMON
Petitioner PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA, NO. 12-6510 CIVIL TERM
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, DRIVER LICENSE
Respondent SUSPENSION APPEAL
ORDER
AND NOW, this 14th day of August, 2013, the appeal filed in the above-
captioned matter is:
REMANDED to the Department of Transportation for
correction of its records.
DISMISSED and the suspension which is the basis of this
appeal shall be REINSTATED.
SUSTAINED and the suspension which is the basis of this
appeal shall be RESCINDED.
WITHDRAWN and the suspension which is the basis of this
appeal shall be REINSTATED.
V
—<
/� CONTINUED and RESCHEDULED for the 3 day of
' t-J60G,-Sei- 2013, at `�� 3� °q.m., in Courtroom
a Room No. f of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT:
' C"i r a
Attest:
4/Edward F. Spreha; Mancke, Wagner & Spreha; 2233 North Front Street, Harrisburg, PA
17110
� Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
LL
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
DANIEL F. LENGYEL .
• NO. 12-6510 CIVIL
v. •
COMMONWEALTH OF PENNSYLVANIA, z T;:.`
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING •
2 CD ..-
C"'1:7
ORDER 1, `.. ■
AND NOW, this I!5 day of N p v`6w ec_.. , 2013, the appeal filed in the
above referenced matter is:
DISMISSED and the suspension shall be REINSTATED.
SUSTAINED and the suspension shall be RESCINDED.
REMANDED to the Department to update its records and to rescind the
ppealed suspension.
WITHDRAWN.
CONTINUED AND RESCHEDULED for the day of
, 20_, at .m., in Courtroom No.
of the Cumberland County Courthouse.
BY TH
EI
C URT:
--1:00 MA% A, lose-( J.
ATTEST:
Kelly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation,
1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516
Edward Spreha, Esq., 2233 North Front Street, Harrisburg, PA 17110
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