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Home My WebLink About05-2778JAN L. NEUFELD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PA I DEPARTMENT OF TRANSPORTATION : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, comes Jan L. Neufeld, by and through her attorneys, Mancke, Wagner and Spreha, and files the following license suspension appeal: 1. Your Petitioner, Jan L. Neufeld, is an adult individual and a licensed driver within the Commonwealth of Pennsylvania with a residence address of 1305 State Road, Duncannon, Perry County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address of P.O. Box 68693, Harrisburg, Pennsylvania. 3. On or about February 14, 2004, Petitioner herein was charged with allegedly violating 75 Pa.C.S.A. §3802(a)(1) of the Motor Vehicle Code. 4. Petitioner received a notice of license suspension dated April 28, 2005, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit A, notifying her of her suspension of her driving privilege effective November 24, 2005, for a period of 18 months. 5. The suspension is null and void and should be declared invalid for the following reasons: A. Violating §3802(a)(1) of the Motor Vehicle Code does not cause a suspension of 18 months on your license; B. The alleged conviction is on appeal to the Superior Court of Pennsylvania based upon a constitutional challenge to the underlying DUI law; and C. The suspension is otherwise null and void. 6. Petitioner therefore requests the court to grant her appeal, and reinstate her license effective November 24, 2005. (Petitioner is serving a current suspension which will expire on November 24, 2005) WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha By chard gner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: S/ 17/05' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 28, 2005 JAN L NEUFELD WID # 051116128059351 001 1305 STATE ROAD PROCESSING DATE 04/21/2005 DRIVER LICENSE # 20479092 DUNCANNON PA 17020 DATE OF BIRTH 07/11/1964 LICENSE IN BUREAU Dear MS. NEUFELD: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 3804E211 of the Pennsylvania Vehicle Code. As a result of your 03/15/2005 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 02/14/2004: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/24/2005 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. PRISON RELEASE REQUIREMENT The Court of CUMBERLAND CTY, Court Number 1393, Court Term 2004 has sentenced you to serve a prison term for this violation. Pursuant to Section 1541(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. 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 notified. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approximately 30 days before your eligibility date. -A - 051116128059351 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 insurance at that time. This letter will list acceptable documents 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, APRIL 28, 2005, 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 Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 P.M. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TOO OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us 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 to authorities. 11 DATE: ?1 O ^C v d ? . '_:, ?? RECEIVED JUN 011005 JAN L. NEUFELD : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: ??-a2'?'r p l? !Ul LICENSE SUSPENSION APPEAL COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER AND NOW, this_ILL day of T u n C., , 2005, upon Petition of JAN L. NEUFELD, a hearing is set on the License Suspension Appeal for the /,0- day of 2005, at_43e-l o'clock -in. in Courtroom No. / of the 7 4 Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to 75 Pa.C.S.A., §1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's privilege is hereby restored effective 11/24/05, pending outco a of this appeal, { . ?• G c.x1o A Sv c.?-, Wt $.?a? < 1 l ?h ? S r e1 3to 1 r y G. S v G ? U? rt ?? a !S G BY THE COURT: J. 6 t?o C'? r `D cr% ?? ti- JAN L. NEUFELD v COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-2778 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this lst day of September, 2005, upon consideration of the Petitioner's License Suspension Appeal in the above-captioned matter, and pursuant to a motion made in open court by Petitioner's counsel, P. Richard Wagner, Esquire, for a general continuance pending disposition of Defendant's appeal in the Superior Court from a judgment of sentence in a case in which she has challenged the constitutionality of certain provisions of the Driving under the Influence Law underlining her conviction, and the Respondent, represented by George Kabusk, Esquire, having indicated no objection to the requested continuance, the hearing in this matter is continued generally, and counsel are requested to notify the Court at such time as the hearing herein should be rescheduled. Pursuant to agreement of counsel, the obligation to notify the Court of the disposition of the Superior Court appeal shall be upon the Petitioner, and Petitioner is further directed to notify the Respondent at such time as the appeal is disposed of. 9's Oq By the Court, N r.,p Co P. Richard Wagner, Esquire. 2233 North Front Street Harrisburg, PA 17110 For Petitioner George Kabusk, Esquire Office of Chief Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 For Respondent :mae Curtis R. Long Prothonotary Office of the Vrotbonotarp QCumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS-.2 '778 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 JAN L. NEUFELD : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 05-2778 CIVIL TERM COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION : LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING PRAECIPE TO THE PROTHONOTARY: Please withdraw the above-captioned license suspension appeal. Respectfully Submitted, Mancke, Wagner & Spreha P. RiAard Wagner, Esquire I.D. X3103 2233 North Front Street Harrisburg, PA 17110 Date: Distribution: P. Richard Wagner, Esq., Mancke, Wagner & Spreha, 2233 North Front St., Harrisburg, PA 17110 George Kabusk, Esq., Office of Chief Counsel, Dept. of Transportation, 1101 S. Front St., Harrisburg, PA 17104 Court Administrator lUl 3 NO 13 F i 2: C