HomeMy WebLinkAbout00-00343
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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,
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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.
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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
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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:
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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.
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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
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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
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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
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FiLED..<)I'FICE
OC,' T;-~~ ~)Dn'tt,',(,',)~ -1-0.TARY
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CUMBERiJ\ND COU~JlY
PENNSYlVANIA
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