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Home My WebLink About07-0120I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CORY MICHAEL MILLER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07 - t 2.0 : CIVIL ACTION PETITION FOR REVIEW OF SUSPENSION OF DRIVING PRIVILEGE AND NOW, the Petitioner, Cory Michael Miller, by and through his attorney, Linda S. Hollinger, Esquire, and sets forth the following: 1. Petitioner is Cory Michael Miller, and adult individual who resides at 692 Front Street, West Fairview, PA, 17025. 2. Respondent is the Commonwealth of Pennsylvania Department of Transportation. 3. Petitioner is a licensed motor vehicle operator pursuant to operators license number 25468998. 4. The Petitioner entered a plea of guilty on December 14, 2006, to violations of the Controlled Substances and Cosmetic Act. 5. 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 December 29, 2006. 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, S. 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 IN THE COURT OF COMMON DEPARTMENT OF TRANSPORTATION PLEAS OF CUMBERLAND CO., PENNSYLVANIA V. NO. 01- CORY MICHAEL MILLER, CIVIL ACTION Petitioner 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: O 7 4ind-a S. Hollinger, Esq. C Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 29, 2006 CORY MICHAEL MILLER WID # 063566128458377 001 692 FRONT ST PROCESSING DATE 12/22/2006 WEST FAIRVIEW PA 17025 DRIVER LICENSE # 25468998 DATE OF BIRTH 02/12/1980 Dear MR. MILLER: 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 02/23/2006: • Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 12/29/2006 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession IMMEDIATELY. 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. 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. Ex 1u-6's + A 063566128458377 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), camera card(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit be- gins. 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 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 29, 2006, 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 certi- fied 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 063566128458377 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. 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 Bureau of Driver Licensing 1-800-932-4600 P.O. Box 68693 OUT-OF-STATE 717-412-5300 Harrisburg, PA 17106-8693 TOO IN STATE 1-800-228-0676 TOO OUT-OF-STATE 717-412-5380 s ti co ? ` 0:13 ?R t"' .. 9 4 C,3 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CORY MICHAEL MILLER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA : NO. : CIVIL ACTION PETITION FOR LEAVE TO APPEAL IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: I . Petitioner, Cory Michael Miller, 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 his 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. Respectfully submitted, C Jt w?C? S llotL) Linda S. Hollinger, Esquire Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 Attorney for Petitioner J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CORY MICHAEL MILLER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. /26 CIVIL ACTION ORDER a AND NOW, this a day of January, 2007, pursuant to Pa.R.A.P. 552 and upon petition of Cory Michael Miller, petitioner's request to proceed in the above captioned matter in forma pauperis is granted. BY THE COURT: M.L. Ebert, Judge lw--t ?t-q- a co ? JAN 10 2007 m? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. CORY MICHAEL MILLER, Petitioner eluLC-Ti"Z-41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 01- [20 : CIVIL ACTION ORDER OF COURT AND NOW, this 1w-day of , 2007, after consideration of the facts set forth in the attached Petition and upon the Motion of Linda S. Hollinger, Attorney for Cory Michael Miller, a hearing is scheduled for the day of , 2001 , at 3:30 ago./p.m. in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5 BY THE COURT: JAI li U Z :8 WN Z i of LOOZ 3HI 20 CORY MICHAEL MILLER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0120 CIVIL ORDER FOR COURT AND NOW, this 12th day of March, 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 Cory Miller is currently a participant in the Cumberland County Treatment Court Program which may lead to a Nolle Prosequi 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. By the Court, N\_? 4.A",V M. L. Ebert, Jr., J. inda Hollinger, Esquire Attorney for Petitioner Xeorge Kabusk, Esquire Attorney for PennDot bas 0??c 01 :Z Pd C 1 8" LOOZ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA V. CORY MICHAEL MILLER, Petitioner : NO. 07-120 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, 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. CORY MICHAEL MILLER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., : PENNSYLVANIA : NO. 07-120 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, 3rd Floor Harrisburg, PA 17104-2516 Date: 4iinnddaa S. Hollinger, Esq. Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 {"' :`J `, ' `- ?} ' ?' r t ? ? „ ? C`? ? -f „-. ?.?r? .wy'.P '." ? (I ?i ?? ? __.? f ?' .'?.