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Home My WebLink About01-03318 .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA .JUN () 1 2001 ~, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : NO. 01- 3'3{~ VS. : CIVIL ACTION RYAN C. WADE, PETITIONER ORDER OF COURT AND NOW, this ~ day of ~ ' 2001, after consideration of the facts set forth in the attached Pet' Ion and upon the motion of H. Anthony A ams, Attorney for Ryan C. Wade, a hearing is scheduled for the .:JL~ay of , 2001, at 3',00 o'clock Lm., in Courtroom Number ~, of he Cumberland County Courthouse, Carlisle, Pennsylvania. All proceedings are stayed pending a final decision y the Court. ~-"-' J. / CDf'I'ES f'Yl~'[!scl-lo mJy {J~~ d-ucLDqJ Df 't~ ~/:V/OI ~ ~~:~'~, ' , ''''''"-'::,?p-;>,-^;,,,','_'_''i.~; ,,~~="",~~ "",-~'''- ",""",",~.", ~ -,"~,' .', ,,'-" _,.'_',",,0 0- __ '" '~,c-__,.""." _ ~_ """>' ," ..~. ,,,,," " -" ,~" " _'e,'" ~,_="'~" ki,V ' 1 l;, ~.f1". /'c!.NI!;i'.~ ,,// i1, ','01\1' .,,) 0"'''!1,1~..f '_::'\"-'''7_f,','-,~'.,) '~~9J1nO l r'";:r t!,.... ~HI,., , "1/ If) C ,. " :It I!,., I ij/ "~, " ,-,'~ .'J"1 ,~,. ":f~, ~ L' J_,~_ "";' ,~, .-, " " ,- .'Z,Cy",," "",- "'~"^,_l .">",-,,'. "."",~;;-',,"' ,;;;:<1" ,.,',,~-,"-. '''''"'',,,,.,,,,,,....'''' .......... 'mIlUm" .' ~I!I, ~,"~""'~~:~~:'",..~;:,_","'),I~;'7 " .,,__:,:,,_~F__,)I1J.J~~~~,j,,\ij~~_~~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, ~~ ~ NO. () 1- 3 3 I iT VS. : CIVIL ACTION RYAN C. WADE, PETITIONER PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE Now comes the Petitioner, Ryan C. Wade, by and through his Attorney, H. Anthony Adams, and sets forth the following. 1. Petitioner is Ryan C. Wade, an adult individual who resides at 16 E. King Street, Apt. 6., Shippensburg, Cumberland County, Pennsylvania. 2. On or about April 23, 2001, Ryan C. Wade entered a plea of guilty to exceeding maximum speed. 3. The plea to maximum speed caused the point accumulation of Ryan C. Wade to exceed thirteen (13) points. 4. This is the first time the point total of Ryan C. Wade has exceeded eleven (11) points. s. Ryan C. Wade had (as a juvenile it is believed) received notices of failure to respond prior to having a license. r,~1'!t,--^', '-, '--'~, -_~-"~<;,"";':",f,,",_o,A~',,_ _"""~v ," c"' Fe,-", '-',:---;C"-_"",!:,', ",,_, _ _, ., __,""'~,_",J_ "', ,".' ,. ~, '''-''~--..' . =". ' ~,," , .4 6. Ryan C. Wade was unable to respond since he was incarcerated. 7. The action of the Department of Transportation is excessive, unreasonable and contrary to public policy. 8. The mentioned suspension under Section 1533 of the Vehicle Code should not be included in the fixing of the current penalty. Wherefore, Petitioner prays your Honorable Court reverse the Pennsylvania Department of Transportation's suspension. Respectfully submitted, ~ H. Anthony Adams, Esquire Attorney for Petitioner 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ~;',j ':'C--~"~' - '~~;"'.'."-__'f,,'''''''r:!'?'R>''''iC--;":.-'''''_~, ;8'_"' ".',f-"~ ."", U._", ,_, e,"_.,~,,,~,,-?,,,,,,,,,, ,'"'_ ,"" '"_C,,~, .~",_,w_, , " " '.','_ ,'" ,._,,_" __"" =_. . __ .. ".~ .. I verify that the statements made in this Motion 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 unsworn falsification to authorities. Date:5-~I-O' &~LJ~ . >t' Ry C. Wade ~:^'" , , --', '^ ',"""i o,,~~,~;,)'__:7,';"~._'" "';-, :o."",.,,,~ _ ,~'<::"_'," _"'-_.'~"- ~<,C'w. _-'""'."'" '-'".,,, ' ' ,-', .,4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 01, 2001 RYAN C WADE 16 EKING ST APT 6 SHIPP ENS BURG PA 17257 011149283647932 001 04/24/2001 25429864 08/25/1978 Dear Motol-ist: As a result of your conviction of violating section 3362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 04/23/2001, 4 points have been assigned to your record. Your total point accumulation is 13 points. Since your point record shows an points, a sanction of 365 DAY(S) is mandated by Section 1539 of the Vehicle accumulation of hereby imposed Code. 13 as In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If yOU cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that yOU are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the PennsYlvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if yOU do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 06/05/2001, 12:01 a.m. ~',,,,~, ' ,. ,,' I, ''''--, <--.,. . ..~ . '- . 011149283647932 Please see the enclosed application for restoration fee information. You will be notified of any outstanding restoration requirements approximatelY 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefullY in order to have your driving privilege restored. APPEAL You have the r1gnt: to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 01, 2001, 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 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 :'_~'7",.,;rm_ ." , "':"''''~7~' ,. AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ='y_ ~,<. ~ _....N '~ I;; , I' I',! 11 I! " !,j I: j,; , I I " I'; 1,1 " II " I'~ I' I,! I II ,-: I I::; , !-1 Ii i' I"~ I 1.1 11 ,,) I: I'j ,--~ ~' ~-. " ,.~ , ' '. " G- ;( i ~ ~ A ~ . ~ ~' d '/...) Q '1 -<;:) '1 ~ ~ <;;?. b ~ ",1: ? -+-. ~ 'V ~ ~ ~ "7,,;, n"i, ::::t:. o t:.. c ",- '.:J ,~ ~"} - N! ,,"-'lu.,n ~,~;*,riU",J ll!l'!I~l-l!!l~,~",~",Ji'~~Ii'f~"""'-"=W~:l!"'!""~'::"1f,jn[;~!,~'.'1",1V" ';W;-"I~>'W:~_~~JiSl);_I!~3~iiil~Jiif~~~~jlifflI~!l.Wlj!Rll~ 119,;."5.-'11 13:195 ID= P.191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMF.NT OF TRANSPORTATION, : NO. 0/- 5::::>18 V5. RYAN C. WADE, PElTTtONER :CIVILACITON ''Cr PRAECIPE As counsel for the PetItioner, I wIthdraw the petition preViously filed in the above captioned matter and request that the Petitioner's appeal be dismissed. c \\(~~ H. Anthony Adams Attorney for Petitioner ~~',._-~,-. .. " 1l;l-_t5-r-q 13:85 . ID= P.82 CERTIFICATE OF SERVICE 1 hereby certify that I am thls day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage PrcPilid as follows: - . Pennsylvania Department of Transportation Office of Chief Counsel . Third Floor, Riverfront Office Center Harrlsburg, Pa. 17104-/516 Date: I C 115 )q/ rL\~c):~ .H. Anthony Adilms, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ""r,,j l, "" " """'=. " ," ~ ", if . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, 6[~3';3f~ : NO. VS. : CIVIL ACTION RYAN C. WADE, PETITIONER PRAECIPE As counsel for the Petitioner, I withdraw the petition previously filed in the above captioned matter and request that the Petitioner's appeal be dismissed. c \\(0)8-- H. Anthony Adams Attorney for Petitioner ~:;7!'~ ',;"- - < ,~, ,. ... ,._~','_- ~, , ,,9'_, " ,'-,' . I . , , CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pa. 17104-2516 Date: c-L\~ C) (--::;, H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 \,<;", ,41,,__, , _e , , r ~_ c' ,_ -:_' , ' ~ ,_ 0 o 'iI. '."~'_ .~",,',",,- ,. ~"." "" ~-~, '~'-,"AA~" ,,' ,~ ~~'" -, " ~ ~ , . 8 0 0 ;:---': -" -0--" 0 m{]:' n !~~I::n ",":>rn Z::TY ...... cn5; 0"> ~B_8 r:: ,~ <- C' :~~ ;;:::: -' -u ~8 :::;;: )>> ~ ~:-:d(') ~ 0'-'1 =< C" "'" OJ :'0 -<: ~SIl'II!l~1l~!I.~...~t!\1!llj~it~1!!{ilm~!j!lP"i;i!'~'ff'--q;;,lWf-:w:-tt"""" ;;r'i~':'~ ''''<f"'(%'i!',,'''''''?m,-i''';;p.'t>'-)1'!~-!';~s.'''''C'''i''{j'':c,,,,-,c,",'ha-f<-li-r","'",!!I,"lii!'i\F$~~