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Home My WebLink About07-4155COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ROBERT E. TAYLOR, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA ~J. CIVIL ACTION PETITION FOR REVIEW OF SUSPENSION OF DRIVING PRIVILEGE NUNC PRO TUNC AND NOW, the Petitioner, Robert E. Taylor, by and through her attorney, Linda S. Hollinger, Esquire, and sets forth the following: 1. Petitioner is Robert E. Taylor, an adult individual who resides at 161 N. East Street, Carlisle, PA 17013. 2. Respondent is the Commonwealth of Pennsylvania Department of Transportation. 3. Petitioner is a licensed motor vehicle operator pursuant to operator's license number 24422811. 4. The Petitioner violated the Controlled Substances and Cosmetic Act on or about May 17, 2006. 5. As a result of the violation, the Petitioner is participating in the Cumberland County Treatment Court Program and upon completion, the charges will be dismissed. 6. The Petitioner avers that the Department of Transportation was erroneously notified by the Cumberland County Clerk of Court that Petitioner was convicted of the offense. 7. As a result of the erroneous notification, the Department of Transportation suspended Petitioner's driving privileges effective July 14, 200?. 8. The Petitioner was unaware of the erroneous notification until he requested a Restoration Requirements Letter which was provided to him by PennDOT on or about June 25, 2007. A true and correct copy of the letter is attached hereto and marked as Exhibit A. 9. The Department of Transportation is not prejudiced by the delay in filing this untimely Petition for Review. 10. The interests of justice require that this Honorable Court consider this untimely Petition as it is no fault of the Petitioner's that the Department of Transportation was erroneously notified of Petitioner's participation in the Cumberland County Treatment Court. WHEREFORE, the Petitioner respectfully requests this Honorable Court enter an Order reversing the Pennsylvania Department of Transportation's suspension. Respectfully submitted, 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 HARRISBURG, PA 17123 06/25/07 ROBERT E TAYLOR DRIVER'S LICENSE NUMBER: 24422811 161 N EAST ST BIRTH DATE: 01/21/65 ELIGIBILITY DATE: 07/14/09 CARLISLE PA 17013 Dear MR. TAYLOR This is a RtSTGRAT1OFf REpUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a 525.00 restoration fee to PENNDOT. Write Your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. PROOF OF IP:SURANCE -Within 30 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance ID card Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. TERM SUSPENSION/REVOCATION -You have a 1 YEAR(S) suspension/revocation that began (or 1 ~cN~~~r A LICENSE N0. 24422811 will begin) on 07/14/06. Credit for serving this suspension/revoca- tion began (or will begin) on 07/14/06 and will end on 07/14/07. The suspension/revocation resulted from a violation on 05/14/06 of Section 1543A, DRIVING WHILE SUSP/REVOKE TERM SUSPENSION/REVOCATION -You have a 2 YEAR(S) suspension/revocation that began (or will begin) on 07/14/07. Credit for serving this suspension/revoca- tion began (or will begin) on 07/14/07 and will end on 07/14/09. The suspension/revocation resulted from a violation on 05/17/06 of Section 13A30, DELIVERY OF CTRL SUB This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 07/14/09. MAILING ADDRESS: INFORMATION (8:00 PENNDOT IN STATE Bureau of Driver Licensing OUT-OF-STATE P.O. Box 68693. TDD IN STATE Harrisburg, PA 17106-8693 TDD OUT-OF-STATE AM to 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ROBERT E. TAYLOR, 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: Linda S. Hollinger, Esq. Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 ~ `~ ~ ~~ ~ .a ~- ~ ~ ~-rz ~-. - ~~~ ~~' -:.i f ~' y ~~ ~ ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ROBERT E. TAYLOR, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION ~[ v ~ ~,,, ~/Z' 1 PETITION FOR LEAVE TO APPEAL IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Petitioner, Robert E. Taylor, wishes to Petition for Review of a Notice of Suspension issued by the Pennsylvania Department of Transportation. 2. Petitioner is represented pro Bono by Linda S. Hollinger, 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 for Review in forma pauperis. Res ectfully submitted, Linda S. Hollinger, Esquire Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 Attorney for Petitioner ~ a C --~ .--~ ~- ~ -s~s r ~ r ~ T -'C3 - _ t- ~ >-~,~"( ~~ J r a ~, tis:+ l .L ~.~~ ~^`t ~' :. .~.~ .IUL 16 2007/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ROBERT E. TAYLOR, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA ~' NO. O7' LIlS".S~ 1. 1 u ~ ~ ~~'r1. CIVIL ACTION ORDER OF COURT AND NOW, this ~ ~0 day of ~ , 2007, after consideration of the facts set forth in the attached Petition and upon the Motion of Linda S. Hollinger, Attorney for Robert E. Taylor, a hearing is scheduled for the a `'1~day of fir- , 2007, at / ~ . y p a.m./fir. in Courtroom 5 of theTlCu~mberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: M. L. Ebert, Jr., J. c: Public Defender Office .~~ ,,~, ~i _ lug-. ~ Court Administrator's Office - -,~`4.~- Janet Dolan, Director, PennDOT -,iw~.a..~e~~.C ~~ 1 ? "-o ~ ~T ~i ~~4eY~/'t~% !P~.~'~.^1 ~r Sr 'ti.~'., q rik 4f ~ I ~ ~~ ~•;~;~ 9 ! !i i.~i~Z ROBERT E. TAYLOR, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4155 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 Robert E. Taylor is currently a participant in the Cumberland County Treatment Court Program which may lead to a Nolle Prosequi or dismissal of his current charges should he 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 his 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 ~' ?~~~~' orge Kabusk, Esquire J Attorney for PennDot bas By the Court, `_~~ M. L. Ebert, Jr., J. ~~~~~ ~~~ f~G. a.. gZ ;Z ~d LZ ~fll'' t04Z ~~t3.110~d ~1.3~ ~aG + ~ . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ROBERT E. TAYLOR, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO.07-4155 CIVIL TERM CIVIL ACTION PRAECIPE TO THE HONORABLE JUDGES OF SAID COURT: Please withdraw and discontinue the Petitioner's Petition for Review of Suspension of Driving Privilege Nunc Pro Tunc previously filed in the above-captioned matter. Respectfully submitted, „l(~ 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 c: M. L. Ebert, Jr., J. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ROBERT E. TAYLOR, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07-4155 CIVIL TERM 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 by first class U.S. mail to the following: George H. Kabusk, Assistant Counsel Office of Chief Counsel Pennsylvania Department of Transportation 1101 South Front Street, 3ra Floor Harrisburg, PA 17104-2516 Date: ~ ~ ~, inda S. Hollinger, Esq. Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 ~~ ~~_;, _ _.,~ -~ ~ .. __ ~ ~ wry F V _ ~'~ _.V ~ ~~ ..~~