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Home My WebLink About07-1839COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07. / P3 9 (~~( ~.v-- CAROLYN ANN REIM, :CIVIL ACTION Petitioner PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE AND NOW, the Petitioner, Carolyn Ann Reim, by and through her attorney, H. Anthony Adams, Esquire, and sets forth the following: 1. Petitioner is Carolyn Ann Reim, an adult individual who resides at 119 Amy Drive, Carlisle, Cumberland County, Pennsylvania. 2. Carol Ann Reim is a licensed motor vehicle operator pursuant to operators license number 25433830. 3. Petitioner entered a plea of guilty and was sentenced on February 20, 2007, to DUI, General Impairment (75 Pa. C.S.A. § 3802(a)(1). (Exhibits Al and A2) 4. The conviction of DUI, General Impairment, in Cumberland County, Pennsylvania, is not an offense for which a license loss can be imposed. 5. The suspension imposed by the Department is not warranted for the Defendant's conviction, nor is it authorized by Section 3802(a)(1) of the Pennsylvania Vehicle Code. (Exhibit B) WHEREFORE, the Petitioner prays Your Honorable Court reverse the Pennsylvania Department of Transportation's suspension. Respectfully submitted, \c~,~ H. Anthony Adams, Esquire Cumberland County Public Defender's Office One Courthouse Square Carlisle, PA 17013 (717)240-6285 Supreme Court ID 25502 Attorney for Petitioner COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v• CP-21-CR-2631-2004 CHARGE: (1) DUI, GENERAL IMPAIRMENT, • 1ST OVERALL, 1ST MANDATORY CAROLYN ANN REIM . OTN: L203250-5 AFFIANT: TPR. MICHAEL BRANDTONIES IN RE: GUILTY PLEA ORDER OF COURT AND NOW, this 16th day of January, 2007, the Defendant having tendered a plea of guilty to Count 1, in full satisfaction of all charges at this term and number, said plea is accepted and recorded. She is directed to appear for sentence on Tuesday, February 20, 2007, at 9:30 a.m. A DUI report is ordered. Edward E. Guido, J. Michelle H. Sibert, Esquire Office of the District Attorney H. Anthony Adams, Esquire Office of the Public Defender Probation Sheriff Court Administrator srs ~ichibi~ Al INFORMATION ' ~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA CRIMINAL ACTION NO. CP-21-CR-2631-2004 VS. Pros: Tpr. Michael Brandtonies Pennsylvania State Police-Carlisle CAROLYN ANN REIM THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY, by this Information charges that on or about Saturday, the 7th day of August, 2004, in the said County of Cumberland, CAROLYN ANN REIM, did: COUNT 1: Driving Under the Influence -General Impairment, 1st Overall, 1st Mandatory (MISDEMEANOR -- $300.00 -- Maximum 6 Months Probation ) drive after imbibing enough alcohol to render said person incapable of safe driving. COUNT 2: Driving Under the Influence, High Rate of Alcohol, (.10 - .16%), 1st Overall, 1st Mandatory (MISDEMEANOR -- $500.00 -- - $5,000 -- 48 Hours - 6 Months) drive after imbibing enough alcohol such that the person's BAC is at least .10% but less than .16% within 2 hours of driving. COUNT 3: Driving on Roadways Laned For Traffic (Summary) (SUMMARY -- $25.00 - N/A) Awhile operating a motor vehicle on a highway which had been said vehicle as nearly as practicable entirely within a single ascertaining whether said movement could be made safely. divided into two or more clearly marked lanes, fail to operate lane of traffic, or did change lanes of traffic without first COUNT 4: Maximum Speed Limits (Summary) (SUMMARY - $75.00 -- N/A) drive a vehicle upon a highway at a speed in excess of the maximum Citation of Statute: and Section: 75 Pa.C.S.A. Sec. 3802 (a) (1) 75 Pa.C.S.A. Sec. 3802 (b) 75 Pa.C.S.A. Sec. 3309 75 Pa.C.S.A. Sec. 3362 limit applicable to that specific area of roadway. All of which is against the Act of Assembly and the peace and dignity of Commonwealth Defendant -~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 07, 2007 CAROLYN ANN REIf1 WID # 07059611745555], 001 119 AMY DRIVE PROCESSING DATE 02/28/2007 DRIVER LICENSE # 25433830 CARLI5LE PA 17013 DATE OF BIRTH 10/30/1980 Dear MS. REIM: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 01/16/2007 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 08/07/2004: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04i11i2007 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very. carefully. Even if you have served all the time on the suspensionirevocation, we cannot restore your .driving privilege until all the requirements are satisfied. 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 04/11/2007. You may surrender these items before, 04/11/2007, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRYVER'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 510.00. You must present two C2) 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. ~~hibif 070596117055551 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. 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 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 confirming the date that credit began. If you do not receive 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 .products, 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. 070596117055551 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, MARCH 07, 2007, of this letter. If you fiile 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. You must return all current Pennsylvania driver license products to PennDOT by 04/11/2007. Sincerely, ~~~ Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA V. CAROLYN ANN REIM, NO. CIVIL ACTION Petitioner CERTIFICATE OF SERVICE I, H. Anthony Adams, Esq., do hereby certify that I have served the foregoing Petition upon the Commonwealth of Pennsylvania, Department of Transportation, by sending a copy pf~~o~ U.S. mail to the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: ~ H. Anthony Adams, Esquire Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 ~) '_v C:~~' ~ ~ - ..~ : . ~ Tti _ ~,,,, =~:~r ' ~ ";'y 1 i ~ .? 7~ 1 .- , _.~~;) V~ ~' ) :1 •• 'i lEJ "~ '' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CAROLYN ANN REIM, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. d ~ - /~3 9 Cu..;~ ~u-~-- CIVIL ACTION PETITION FOR LEAVE TO APPEAL IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: 1. Petitioner, Carolyn Ann Reim, wishes to Petition to Set Aside Suspension of Driving Privilege issued by the Pennsylvania Department of Transportation. 2. Petitioner is represented pro Bono by H. Anthony Adams, Esquire, due to her indigent status. 3. Petitioner has no funds with which to pay filing fees in this case. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order pursuant to Pa.R.A.P. 552(d) granting Petitioner's request to file a Petition to Set Aside Suspension of Driving Privilege in forma pauperis. Respectfully submitted, H. Anthony Adams, Esquire Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717) 240-6285 Attorney for Petitioner Chi *v ~-~ _o ti. '" _'' - ~ ~Z i _e ~ _iZC~ d ~,~i _ ~ T (' i ~,s 7 ~ } - ~ i '~; '"" _~ e.v --~ ~ - ~ ~ ~+.~ ~3 APR 042007 4~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CAROLYN ANN REIM, Petitioner nR nFu IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. G7_ l~'39 ~cuv( lam-. CIVIL ACTION AND NOW, this ~~ day of April, 2007, pursuant to Pa.R.A.P. 552 and upon petition of Carolyn Ann Reim, Petitioner's request to proceed in the above captioned matter in forma pauperis is granted. J. ~~ v ~.r ~~ ~-; P k 9„ i ~ - i „^~ r. rt.~.i N~ ~ ., f;.f -„ APR 04 20U7 'N~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CAROLYN ANN REIM, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. d ~-/~3 g ~ ~. CIVIL ACTION ORDER OF COURT AND NOW, this ~ day of , 2007, after consideration of the facts set forth in the attached Petition and upon the Motion of H. Anthony Adams, Attorney for Carolyn Ann Reim, a hearing is scheduled for ,the ~ day of ~~- , 2007, at /O , ~ o'clock ~ .M.. in Courtroom ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Court Administrator's Office Public Defender's Office ~~ ~o ,,~,~;~ ~,,,~~, ~1 • ~~1~ o~ ~NS~o~~~M/ j; :,7.3 1 ~~' ~~ I,i~ ~ ~ L~':t4~ LL~~i, _~, _. ~_ _i ._. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION v. CAROLYN ANN REIM, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-1839 CIVIL TERM CIVIL ACTION IN RE: PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE ORDER OF COURT AND NOW, this 1st day of June, 2007, hearing in this matter is continued generally, to be rescheduled at the request of either party. ~orge Kabusk, Esquire For the Respondent ~{~ v H. Anthony Adams, Esquire ~"~~~ For the Petitioner srs J Edward E _ C~1~ i do . ,T ~r~,~~~'r1`l,~~t~f, '~~ ,~.~r~~Jr ~~~~~~ ~~ : ~ ~d ~- ~nr toOZ A~fb'1Gfrvr-i.LGe~i 3f-t1. ~Q ~tr„ ~ :r, .-.-,... . ,.,. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CAROLYN ANN REIM, Petitioner PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07-1839 CIVIL TERM CIVIL ACTION The above-captioned matter having been resolved, the Petitioner, through her counsel, H. Anthony Adams, Esquire, Assistant Public Defender, withdraws her petition. Respectfully submitted, 1 H. Anthony Adams, Esquire Cumberland County Public Defender's Office One Courthouse Square Carlisle, PA 17013 (717)240-6285 Supreme Court ID 25502 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CAROLYN ANN REIM, Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO.07-1839 CIVIL TERM CIVIL ACTION CERTIFICATE OF SERVICE I, H. Anthony Adams, Esq., do hereby certify that I have served the foregoing Petition upon the Commonwealth of Pennsylvania, Department of Transportation, by sending a copy regular U.S. mail to the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: H. Anthony Adams, Esquire Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-62$5 ~ a ~? ~' __.- U„ --rs ~ -~t'„=-' ~-, ~ f ~' sT :~- ~ "s ~ ~ "~~~t r ~ ~~t: