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Home My WebLink About07-2079POLLY SOPHIA LAND, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 67 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Polly S. Land, hereinafter Petitioner, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. The Petitioner, Polly S. Land, is an adult individual residing at 109 Biddle Street, Enola, Cumberland County, Pennsylvania. 2. Respondent, 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. On or about March 15, 2007, the Petitioner received an Official Notice of Suspension from the Department of Transportation, indicating that her driving privileges would be suspended for a period of 12 months as a result of a conviction of 75 Pa.C.S.A. §1543(a), driving under suspension. (See Exhibit A). 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner is in the process of filing a summary appeal of the conviction in the Court of Common Pleas in Dauphin County. WHEREFORE, the Petitioner respectfully requests this Honorable Court to schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Dated: ?.j i _o q Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 16, 2007 POLLY S LAND 109 BIDDLE ST ENOLA PA 17025 WID # 070689283367901 001 PROCESSING DATE 03/09/2007 DRIVER LICENSE # 21588805 DATE OF BIRTH 06/14/1968 Dear MS. LAND: This is an Official Notice Privilege as authorized by Vehicle Code. As a result violating Section 1543A o of SUSP/REVOKE on 08/22/2006: of the Suspension of your Driving Section 1543 of the Pennsylvania of your 09/12/2006 conviction of the Vehicle Code DRIVING WHILE Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/20/2007 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. C0 4 LYIN 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 04/20/2007. You may surrender these items before, 04/20/2007, 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. EXHIBIT a N J J Q 070689283367901 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. PAYTN TFR RPSTORATTON F 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. 070689283367901 PROVIDING PROOF O 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. 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 16, 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 04/20/2007. Sincerely, 9?u?. zgot) 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 VERIFICATION I hereby verify that the statements made in this 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 unswom falsification to authorities. q- Date 0 "t) T-t? APR 17 2007 W ? POLLY SOPHIA LAND, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. N0.0'7 --:26-n ?t cv L?. `7 . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this day of , 2007, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the day of at ?m /b , 3b o'clock in Courtroom -I-, Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516 'dU'0.7 By the Court: VNIVAWNN3d ,kjNInC)"` "! yin? 11 1 1 -191 80 :Z bid OZ 8dV IOOZ MViCo mi(,'Ud 3H1 Jo r POLLY SOPHIA LAND, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2079 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24t' day of July, 2007, upon consideration of the attached letter from Edward F. Spreha, Jr., Esq., the hearing previously scheduled for July 26, 2007, is rescheduled to Monday, October 29, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, dward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, PA 17110 Atto ey for Petitioner eorge Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc J { (1 4--l JUL-23-2007 09:07AM FROM-MANCKEWAGNERSPREHAM000ILLAN +717-234-7080 T-390 P.001/001 F-131 LAW OFFICES MANCKE, WAGNER, SPREHA & MCQUILLAN 2233 NORTH FRONT STREET JOHN B, MANCKE HARRISBURG, PA 17110 PHONE (717) 234-7051 P. RICHARD WAGNER FAX (717) 294.7OaO EDWARD F, SPREHA, JR. BRYAN M. MCOUILLAN July 23, 2007 Hon. J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Polly Land v. Commonwealth of Pennsylvania NO: 07-2079 Civil Term Dear Judge Oler: Due to a scheduling conflict, I am requesting a continuance of Ms. Land's license suspension appeal that was initially scheduled for July 26, 2007. It is my understanding that the next available date to hear the appeal will be in October, This continuance will also allow us to resolve the underlying summary appeal which is scheduled for August 14, 2007 at the Dauphin County Courthouse. If the summary appeal is resolved in our favor, upon receipt of documentation from the Department of Transportation showing that her record has been corrected, we will file a praecipe to withdraw the license suspension appeal. Therefore, at this time, I am requesting that the license suspension appeal be continued until the October term. If you require any additional information, please do not hesitate to contact me, Respectful) Edwa , Sp ha, Jr. EFSTjIp cc: George Kabusk, Esq. POLLY SOPHIA LAND, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2079 CIVIL TERM PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN By FJSjr9ha, Jr., Esquire Attork%5(1.D. 1078661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: 164-61 ?-. r.+a <? ? ::, _.? - _ _ ° ? r`? t r=? _ ,_ -? r''?. y =;jrr, r a ? };?' , _?? .?