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Home My WebLink About07-2069COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. DAWN M. MERCER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. D7 , ,2GC.4 CIVIL ACTION Ctu,L 7` c -t PETITION FOR REVIEW OF SUSPENSION OF DRIVING PRIVILEGE AND NOW, the Petitioner, Dawn M. Mercer, by and through her attorney, Linda S. Hollinger, Esquire, and sets forth the following: 1. Petitioner is Dawn M. Mercer, and adult individual who resides at 700 W. Louther Street, Carlisle, PA 17013. 2. Respondent is the Commonwealth of Pennsylvania Department of Transportation. 3. Petitioner is a licensed motor vehicle operator pursuant to operators license number 23186539. 4. The Petitioner entered a plea of guilty on November 29, 2004, to violations of the Controlled Substances and Cosmetic Act. The Petitioner has not been sentenced on said violations. Rather, the Petitioner is participating in the Cumberland County Treatment Court Program and upon completion, the plea will be vacated and the charges will be dismissed. 6. The Petitioner avers that the Department of Transportation was erroneously notified of the guilty plea by the Cumberland County Clerk of Courts. 7. As a result of the erroneous notification, the Department of Transportation suspended Petitioner's driving privileges on May 14, 2007. A true and correct copy of the Notice of Suspension is marked as Exhibit A and attached hereto. WHEREFORE, the Petitioner respectfully requests this Honorable Court enter an Order reversing the Pennsylvania Department of Transportation's suspension. Respectfully submitted, 04de- A, No I (? r?-? Linda S. Hollinger, Esquire Cumberland County Public Defender's Office One Courthouse Square Carlisle, PA 17013 (717)240-6285 Supreme Court ID 74442 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 09, 2007 DAWN M MERCER WID # 070926195015010 001 700 W LOUTHER ST PROCESSING DATE 04/02/2007 DRIVER LICENSE # 23186539 CARLISLE PA 17013 DATE OF BIRTH 12/16/1965 Dear MS. MERCER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 12/14/2006 conviction of violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic. Act, on 11/29/2004: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/14/2007 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 suspension/revocation, we cannot restore your driving priv- ilege 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 05/14/2007.. You may surrender these items before, 05/14/2007, 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. 070926195015010 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 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. 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 in- surance 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. 070926195015010 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 09, 2007, 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. You must return all current Pennsylvania driver license products to PennDOT by 05/14/2007. Sincerely, 9?_u ?-- - Z g Z".X) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. DAWN M. MERCER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION CERTIFICATE OF SERVICE I, Linda S. Hollinger, Esq., do hereby certify that I have served the foregoing Petition upon the Commonwealth of Pennsylvania, Department of Transportation, by sending a copy certified U.S. mail to the following: Janet L. Dolan, Director Bureau of Driver Licensing Department of Transportation P.O. Box 68693 Harrisburg, PA 17106-8693 Date: 3 0-7 r,7?,? d, A c [ ' Linda S. Hollinger, Esq. Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 ?7 J t,. 4 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. DAWN M. MERCER, Petitioner ORDER APR 17 200711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07 - .26UF ?t v C`7?lL. : CIVIL ACTION AND NOW, this day of April, 2007, pursuant to Pa.R.A.P. 552 and upon petition of Dawn M. Mercer, petitioner's request to proceed in the above captioned matter in forma pauperis is granted. BY THE COURT: 1?, -? V - M.L. Ebert, Judge 0 s :, ,. ca c;'+ ; L O a Z '? ? i , APR 17 2WO COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. DAWN M. MERCER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07-.264.1F : CIVIL ACTION ORDER OF COURT AND NOW, this I g?day of , 2007, after consideration of the facts set forth in the attached Petition and upon the Motion of Linda S. Hollinger, Attorney for Dawn M. Mercer, a hearing is scheduled for the ? 7?d-ay of 2007, at / I.O b a.m./pax in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: "N' -?, M. L. Ebert, J. c: Public Defender Office N'j " 4_ t Q. O l Administrator's Office Janett Dolan, Director, PennDOT ?'" ?? G DAWN M. MERCER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2069 CIVIL ORDER FOR COURT AND NOW, this 27th day of July, 2007, this being the time and place set for a hearing in the above-captioned matter and the Department of Transportation having now been notified that Dawn M. Mercer is currently a participant in the Cumberland County Treatment Court Program which may lead to a Nolle Prosequi or dismissal of her current charges should she successfully complete the program, IT IS HEREBY ORDERED AND DIRECTED that this hearing is continued generally with the understanding that should the Petitioner fail in her Treatment Court Program or in any manner not successfully complete the program the Department of Transportation will be immediately notified and the matter will be rescheduled for hearing. IT IS FURTHER ORDERED AND DIRECTED that the Petitioner will waive any defenses based on delay caused by this continuance. Linda Hollinger, Esquire Attorney for Petitioner BPS ? ??-?? a? Xorge Kabusk, Esquire Attorney for PennDot bas By the Court, M. L. Ebert, Jr., J. AILWCYO R .Z Wd LZ lnr loan ojo *lotuww COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. DAWN M. MERCER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2069 CIVIL TERM : CIVIL ACTION PR AFCTPF TO THE HONORABLE JUDGES OF SAID COURT: Please withdraw and discontinue Petitioner's Petition for Review of Suspension of Driving Privilege previously filed in the above-captioned matter. Respectfully submitted, 1 Linda S. Hollinger, Esquire Senior Assistant Public Defender Attorney for Petitioner Date: c George H. Kabusk, Assistant Counsel Commonwealth of Pennsylvania Office of Chief Counsel Vehicle & Traffic Law Division 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2615 ?... ?? ? .? ,.. ;'_; r ? e*? l ' ?d ;? , a. -- ?. _t= : .?.