HomeMy WebLinkAbout04-5699
- '
JESSICA RAE SCHOPFER
Petitioner
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
COMMONWEALTH OF PENNSYLVANIA, : NO: 0 ~~ j-" '1'9
DEPARTMENT OF TRANSPORTATION
Respondent
LICENSE SUSPENSION APPEAL
AND NOW, comes JESSICA RAE SCHOPFER, by and through her attorneys,
MANCKE, WAGNER & SPREHA, and files the following license suspension appeal:
1. Petitioner, Jessica Rae Schopfer, is an adult individual residing at 107 North
Pitt Street, Carlisle, Cumberland County, Pennsylvania.
2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver
Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania.
3. On or about September 12,2004 in Carlisle, Cumberland County,
Pennsylvania, Petitioner herein was charged with allegedly violating 75 Pa. C.S.A. ~3802(a)
of the Motor Vehicle Code.
4. Petitioner herein is alleged to have violated S 1547 ofthe Motor Vehicle Code
(75 Pa. C.S.A. ~ 1547).
5. As a result of the alleged violation of S 1547, Petition received a notice of
license suspension dated October 12, 2004, a copy of which is attached hereto, and
incorporated herein by reference, and marked as Exhibit A.
6. The suspension of the Petitioner's license is invalid, improper, and illegal for
the following reasons:
a. Petitioner was not properly advised of the consequences of violation S 1547
of the Motor Vehicle Code.
b. The officer failed to adequately advise the Petition of the consequences of
refusing to take a breath, blood or urine test.
c. The Petitioner was not properly advised or adequately advised of the total
consequences of refusing to take the breathalyzer test per the provisions of the
Motor Vehicle Code.
7. As a result of the above, Petitioner believes and therefore avers the suspension
of her license is inappropriate and should be set aside.
WHEREFORE, Petitioner prays this Court to grant his appeal from the license
suspension for allegedly violating 91547 of the Motor Vehicle Code.
Respectfully submitted,
Mancke, Wagner & Spreha
P-;-Rfc ard Wagner. Esquire
I.D. #23103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
Attorney for Petitioner
Date: / /- / j- of
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification
thorities.
DATE:
1/-S--tJ(
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 12, 2004
CARLISLE PA 17013
WID # 042796137247919 001
PROCESSING DATE 10/05/2004
DRIVER LICENSE # 25205570
DATE OF BIRTH 04/17/1980
JESSICA RAE SCHOPFER
107 N PITT STREET
Dear MS. SCHOPFER:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1547B1II of the
Pennsylvania Vehicle Code. As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL,
on 09/12/2004:
Your driving privilege is SUSPENDED for a period of 18
MONTH(S) effective 11/16/2004 at 12:01 a.m.
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in your possession on or before 11/16/2004. You may
surrender these items before, 11/16/2004, 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 $10.00. You must present two (2) forms of proper iden-
tification (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.
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 nota-
rized letter stating you are aware of the suspension of
your driving privilege. You 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
-11-
042796137247919
Bureau of Driver Licensing
P.O. 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 con-
firming the date that credit began. If you do not re-
ceive a receipt from us within 3 weeks, 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.
3. If you do not return all current driver license pro-
ducts, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571 (a) (4)
of the Pennsylvania Vehicle Code.
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. 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.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail,
date, OCTOBER 12, 2004, of this letter. If you file an ap-
peal 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 certi-
fied 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 all current Pennsylvania driver license products
to PennDOT by 11/16/2004.
042796137247919
Sincerely,
~~. W%
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION 7:CO a.m. to 9:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676
OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191
WEB SITE ADDRESS www.dmv.state.pa.us
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JESSICA RAE SCHOPFER
Petitioner
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
COMMONWEALTH OF PENNSYLVANIA, : NO: 0 ~- 0''- ~"9
DEPARTMENT OF TRANSPORTATION
Respondent
LICENSE SUSPENSION APPEAL
AND NOW, comes JESSICA RAE SCHOPFER, by and through her attorneys,
MANCKE, WAGNER & SPREHA, and files the following license suspension appeal:
1. Petitioner, Jessica Rae Schopfer, is an adult individual residing at 107 North
Pitt Street, Carlisle, Cumberland County, Pennsylvania.
2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver
Licensing, has a mailing address at P.O. Box 68693, Harrisburg, Pennsylvania.
3. On or about September 12,2004 in Carlisle, Cumberland County,
Pennsylvania, Petitioner herein was charged with allegedly violating 75 Pa. C.S.A. 93802(a)
of the Motor Vehic1e Code.
4. Petitioner herein is alleged to have violated 91:547 of the Motor Vehicle Code
(75 Pa. C.S.A. 91547).
5. As a result of the alleged violation of 91547, Petition received a notice of
license suspension dated October 12, 2004, a copy of which is attached hereto, and
incorporated herein by reference, and marked as Exhibit A.
6. The suspension of the Petitioner's license is invalid, improper, and illegal for
the following reasons:
a. Petitioner was not properly advised of the consequences of violation S 1547
of the Motor Vehicle Code.
b. The officer failed to adequately advise the Petition of the consequences of
refusing to take a breath, blood or urine test.
c. The Petitioner was not properly advised or adequately advised of the total
consequences of refusing to take the breathalyzer test per the provisions of the
Motor Vehicle Code.
7. As a result of the above, Petitioner believes and therefore avers the suspension
of her license is inappropriate and should be set aside.
WHEREFORE, Petitioner prays this Court to grant his appeal from the license
suspension for allegedly violating S 1547 of the Motor Vehicle Code.
Respectfully submitted,
Mancke, Wagner & Spreha
-:-Rtc ard WagneL Esquire
J.D. #23103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
Attorney for Petitioner
Date: / /- / j- ()Lj
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification
.'/1
kUl
thorities.
DATE:
11-S*-tJ(
/ '
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 12, 2004
CARLISLE PA 17013
WID # 042796137247919 001
PROCESSING DATE 10/05/2004
DRIVER LICENSE # 25205570
DATE OF' BIRTH 04/17/1980
JESSICA RAE SCHOPFER
107 N PITT STREET
Dear MS. SCHOPFER:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1547B1II of the
Pennsylvania Vehicle Code. As a result of your violation
of Section 1547 of the Vehicle Code, CHEMICl~.L TEST REFUSAL,
on 09/12/2004:
Your driving privilege is SUSPENDED foz' a period of 18
MONTH(S) effective 11/16/2004 at 12:01 a.m.
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in your possession on or before 11/16/2004. You may
surrender these items before, 11/16/2004, 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 $10.00. You must present two (2) forms of proper iden-
tification (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.
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 nota-
rized letter stating you are aware of the suspension of
your driving privilege. You must specify in your letter
why you are unable to return your driver's license.
Remember: You may not retain your drivl=r's license for
identification purposes. Please send these items to:
Pennsylvania Department o~ Transportation
-11-
042796137247919
Bureau of Driver Licensing
P.O. 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 con-
firming the date that credit began. If you do not re-
ceive a receipt from us within 3 weeks, 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.
3. If you do not return all current driver license pro-
ducts, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571 (a) (4)
of the Pennsylvania Vehicle Code.
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOT to be restored
from a suspension/revocation of your drivin'3" 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.
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail-
date, OCTOBER 12, 2004, of this letter. If you file an ap-
peal 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 certi-
fied 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 all current Pennsylvania driver license products
to PennDOT by 11/16/2004.
042796137247919
Sincerely,
~~,~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION 7:CO a.m. to 9:00 ~.~
IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676
OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE 717-391-6191
WEB SITE ADDRESS www.dmv.state.pa.us
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JESSICA RAE SCHOPFER
Petitioner
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
COMMONWEALTH OF PENNSYLVANIA, : NO: /JI/:"- ~tff
DEPARTMENT OF TRANSPORTATION
Respondent
~
ORDER
AND NOW, this ~M day of lu~~ 2004, upon Petition of JESSICA RAE
, :rf A .-:/
SCHOPFER, a hearing is set on the License Suspension Appeal for the /0 ~/ day of !/edUi~
.) u
_, 20o.t:' at 9: 30 o'clock9.......m. in Courtroom No:~, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania, all proceedings to stay meanwhile.
Notice of said hearing shall be given by Petitioner'~; counsel to the Department of
Transportation at least sixty (60) days prior to the date of said hearing.
Pursuant to S1550(b) ofthe Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act
as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending
a final determination in this matter.
BY THE COURT:
Distribution:
Prothonotary's Office
Office of Chief Counsel, Penn DOT, 110 1 S. Front St., Harrisburg, P A 17104-2516
P. Richard Wagner, Esquire, 2233 North Front St., Harrisburg, PA 171 10
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JESSICA RAE SCHOPFER,
PETITIONER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
04-5699
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this r
day of
,: -<hvuA.;l
, 2005, and the Matter
is Continued and rescheduled for hearing on the 7TH day of Apr:!!, 2005 at 9:30 a.m. in
Courtroom No.1 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT
-4 t..
4:1
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Distribution:
---Deorge H. Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, 1101 South Front
Street, Harrisburg, PA 17104-2516
~. Richard Wagner., Esquire, 2233 North Front Street, Harrisburg, PA 17110
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JESSICA RAE SCHOPFER,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO: 04-5699
COMMONWEALTH OF PA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
: LICENSE SUSPENSION APPEAL
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the License Suspension Appeal at the above-captioned number.
Respectfully submitted,
Mancke, Wagner & Spreha
~;z;>
///~//.. Wagner, Esquire
l.D. #23103
2233 North Front Street
Hanisburg, P A 17110
(717) 234-7051
Attorneys for Jessica Rae Schopfer
Date: .5/10/ l!?'
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