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HomeMy WebLinkAbout00-00343 - '" ,,, ._', .-, ~-_."'., I. ,,,," ., ;""_,ii-:,._~-~-,~ '-~-" "-":;'>~.f-.-- -,. - _ _,j '-'. ~_,", ~' '~ .JAN 2 0 2000 \ ~0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : NO. J...~ - 3'13 C;.rJ T~ VS. : CIVIL ACTION LAWRENCE ALLEN BRADSHAW, II PETITIONER ORDER OF COURT AND NOW, this ,9./~ay Of~ 2000, after consideration of the facts set fort)}~n the at;ached Pe jO!}and_PO~he motj9n of II ~ /I~ Attorney o~ .&46 hearing is scheduled for the 7 day of );,.~ , ~ at I:}() o'clock -12m., in Courtroom Numbe~ of the Cumberland CoantYt:ourthouse, Carlisle, Pennsylvania. ' All proceedings are stayed pending a final decision by the Court. By the Court, J. ~~ llLJ~OO RK.3 .., "1- ~ C') ~ 0 1- M \hfQ :;:)<( 0- c.....C\ X o~ b::c' 0.. o::i ryl- '0 ..::t ~U; DC.: UJo- N 52 [cH-~' :z 0:2 ulw ;::~- ..a: a:l.a. -, :::E LL 0 :::J 0 <:) D . -~" ^~ =. -~ ~ J ~ . ..,_., c ;'-ij-,~;,:;-. - ,'Nt;"", ":;.'_" ,~'~_,- ,~,;,.~,'''^'_;~- "..,,-:___, -;:i;i;i." "-'" , ~ ::r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : NO. .liT1JV. ?-+ 3 ~ \ ~ VS. : CIVIL AmON LAWRENCE ALLEN BRADSHAW, II PETITIONER PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE Now comes the Petitioner, Lawrence Allen Bradshaw, II, by and through his attorney, H. Anthony Adams, Esquire and sets forth the following. 1. Petitioner is Lawrence Allen Bradshaw, II, an adult individual who resides at 303 Stoneridge Commons, Shippensburg, Cumberland County, Pennsylvania. 2. Lawrence Allen Bradshaw, II, is a licensed motor vehicle operator pursuant to operators license number 25085257. 3. The Petitioner was to attend a Departmental Hearing and did not attend that hearing. 4. The Petitioner asked the Department of Transportation for a continuance of the Departmental Hearing and was unable to attend due to a final college examination. 5. The action of the Department was unreasonable in not granting the continuance and in seeking suspension. _~ _ ',0 _ ~,j,-" ,- _'-'i.- '-', ,--.- '~z-" _.~_c "__',, .,_,:-.'-;,~_, -"',1_ '"' "_'''~,J,,'' C_L>__ " . ~ __H Wherefore, Petitioner prays your Honorable Court reverse the Pennsylvania Department of Transportation's suspension. Respectfully submitted, ~ H. Anthony Adams, Esquire Attorney for Lawrence A. Bradshaw, II 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 "'-. - ,,,;.,,- ,,-,-~ ~'",. ,; ",;~_'.;.r.,2_~ ,,-~'-~~," ."J, ", ,." " I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~ \ - .,;.I...~ ~ L ...~ .,.. -~ .. ,.f~ ~ " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DECEMBER 16, 1999 LAWRENCE ALLEN BRADSHAW II 167 NORLO DR FAYETTEVILLE PA 17222 993436543388692 001 12/09/1999 25085257 11/02/1979 -b 3D 3> ..s~ __ \~[) ~ ~ Dear M~~S~ ~ \ \)~ -... . r 0 N'--~ 0 t-J ~ V7?~,_V6 Cf I Due to your failure to attend a Departmental Hearing, an indefinite sanction is imposed as mandated under Section 1538 of the Vehicle Code. In order to comply with this sanction, complete the enclosed PL-16LC Form(Acknowledgment of Suspension/ Revocation/ Dis- Clualification) or a letter acknowledging the sanction of your driving privilege. Credit will not begin until the DL-16LC Form is received by this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR FORM, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS, CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, VOII WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 01/20/2000, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. ". '" ~ . 993436543388692 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, DECEMBER 16, 1999. If you file an ap- peal in the County Court, the Court will give you a time- stamped certified copy of the appeal. 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 Sincerely, ~~\~ Rebecca l. Bickley, Director Bureau of Driver Licensing SEND fEE/lICENSE/Dl-16lC/TO: Department of Transportation Bureau of Driver licensing P.O. ,Box 68693 Harrisburg, PA 17106-8693 INfORMATION (7:00 IN STATE OUT-Of-STATE TDD IN STATE TDD OUT-Of-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 _i!IIIiIlIIIi..iUllilili.lt~""~~"-'~~-"" ~ ..S'-'~.....,.~ilW 'I ..~._..... ,~ pp '" "'" <;:,' ...0 ~% 'l> 15!ll, "",, , ,,' "it-.o -- ".". "_.'"" _ '- ". ." 'Ii I I" 0 <;:) ~ c l!l :-offi '- "1") !;prrl ho '--! <: :1' 2::1] iTif!! cO 5-', I.D .-:'-:;1]1 f~~. -.dC::J f~~ (:1(1.. () )>" ~' .J ::Ji: :t."ri >8 n,7J - "$0 - .C5r'n $ " - ~ - -< ;? j q .. .( +- ,V\ 0\ Cl 'd ~ ~ ~ ~ "~'I' ~. " LAWRENCE ALLEN BRADSHAW, n, PETITIONER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-343 CIVil- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ~~ Tl~ 'A AND NOW, this J,:. { day of ~ J ' 2000, the appeal filed in the above referenced matter is REMANDED to the Department to RESCIND the INDEFINITE SUSPENSION imposed pursuant to 1538(c) of the Vehicle Code as a result of the petitioner's failure to attend a departmental hearing for his third accumulation of six points, and in lieu of holding the 1538(c) Departmental hearing the parties agree and it is ordered that the Department shall IMPOSE a THIRTY DAY SUSPENSION of the petitioner's operating privilege pursuant to 1538(c) of the Vehicle Code as a result of the petitioner's third accumulation of six points resulting from his violation on June 4, 1999, and conviction on August 5,1999, of violating Section 1571 ofthe Vehicle Code. BY THE COURT p. J. DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104-2516 H. Anthony Adams, Esquire, 128 E. King Street, Shippensburg, P A 17257 ~ . ~- , FiLED..<)I'FICE OC,' T;-~~ ~)Dn'tt,',(,',)~ -1-0.TARY "\,,, ,'., ,1''-/ 00 ~1i~R 2? Pi1 I: 1.5 CUMBERiJ\ND COU~JlY PENNSYlVANIA <' 11~~~~~ I , I II fl "I H 'I ~ " II ".m.. ,.~," ~~"ijI -, ~."'!"'"_" 'C"'F"" ~~~~""'''-''1~~''l1'~W , _"""'~~~ _~"'~~ M "~.IIIlIIlI!I!JI!j"~