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Home My WebLink About01-7148 FX ,"' ~, "0 ,.,,' ""~,, "_,'-,,'.,',::,, '~;"-"'.',"~'I'L__"~<"_" ~,,,,,,~_,,,",,'~_,"',v_,":,>,_. ,'<, ~<i,;-: , , WAYNE R REAVER, JR, Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA: NO, 2001- 7N? C;oJ.~ 1'tI4...-, DEPARTMENT OF TRANSPORTATION , BUREAU OF DRIVER LICENSING, Appellee : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ~ day of 1) ~ a -.~J , 2001, upon presentation and consideration of the within Petition for Appeal From License Suspension, a hearing will be scheduled at the conclusion of the appeal filed by Appellant and docketed at 01-2599 CR in the Cumberland County Court of Common Pleas. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the di'Pooitirttpoli. t.1/; ~ "j-", I It" f 2 sf>.., ~ -.. J;tLi 101 .$ ? ..., L. BY THE COURT: ~ .:W%;~~~liiWo~_~_I'-.ot\fi~~i-;7m.olli,~,lj)j~~ikrlWt.;.;.i1,l.'n4..",;;jij~,~~M:li _-~;..w. - ~.'...... f It ~~ ;r ~ VINVlilASNN3d ,J.1Nnm o~!\nl::l:i8VW1J 90 :2 ~id Z- Nl1r;;O ""'ll""'" 'I" ^O'~ ;;'{I _h"; ( ';"r< "'''L,.'_h"., ""1' 'n '1'''1'' .--:-',,; :1;1U..',~. ::"~ 1,:1 j-'n \./ ilk~:,!Jlli,!li!l!!lal. JlfI!lUII U,...~,""r.. ", ..",' .. .. '.'. .", , "" ."~.' . -~ =- '-"'." - . ' ~ "~.~~ .-" ,-,;,1....",. "''-~'- ,~', > '.", --,,, do' , -, ,-'- ,- ~,;,,-'.'> ,- -,] ,> ~ :'. ~'""""'I-',;' "~- ,"", ';.':'~"~'>_~"'"_"' >,.- h.-i-i.- ;ii:iki';--J-;'~-" ".-,'," '"" , , WAYNE R. REAVER, JR., Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Wayne R. Reaver, Jr., Appellant, by and through his Counsel of Record, Gregory H. Knight, Esquire, to file a Petition for Appeal of License Suspension in support of which the following statements are made: I. Wayne R. Reaver, Jr., is an adult male residing at 415 Boundary Avenue, Hanover, Pennsylvania 1733 L 2. On or about October 6, 2001, Mr, Reaver was cited by an Officer of the West Shore Regional Police for a violation of75 Pa, C.S. 3362(A)(1), A summary trial was held in Magisterial District 09-1-02 on November 19,2001 at which time Mr. Reaver was found guilty. 3, By Notice dated November 27, 2001, PENNDOT notified Mr. Reaver that the November 19, 200 I conviction mandated that his driver's license issued by the Commonwealth be suspended for a period of 365 days beginning January 1, 2002 at 12:01 a,m, See Exhibit A. 4. On December 18, 2001, Mr. Reaver filed a timely Notice of Appeal from the November 19, 2001 conviction, See Exhibit B. It)}TI:; ':--1 ~ , '<0 ,',-~ t, - ,~,:~ , ",",,;: ,,-- ; ,: -:",1 '. L',;"~"-,~, "~'" '.,<',,~,., ,,::-.- ,,' ".;-,~' ,,,,~.-. ~ . , 5. On December 17, 2001, Counsel for Mr. Reaver contacted the citing Officer who stated that he would not oppose a reduction in the excess speed for which Mr, Reaver had been convicted to 50 mph in a 35 mph zone, 6. On December 17,2001, Counsel for Mr. Reaver also contacted the Cumberland County District Attorney's Office concerning his discussions with the citing officer. 7. Mr. Reaver believes that he will prevail in the Notice of Appeal (see Exhibit B) he filed to his November 19, 2001 conviction. 8. Should Mr. Reaver be successful in his appeal as stated in Paragraph 7, this Civil Action appeal will be moot and there will be no basis for the Department to suspend his driver's license. WHEREFORE, Mr. Reaver respectfully requests that this Honorable Court immediately stay the imposition of the driver's license suspension noted in Exhibit A and that it stay further proceedings on tIns appeal until a decision is reached on the Appeal from Summary Conviction noted in Exhibit B. Respectfully submitted, THE LAW OFFICES OF MICHAEL J. HANFT 6"-') II') 1+ lCj'lvY--' Gregory H. Knight, Esquire Supreme Court LD. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013,9142 (717) 249-5373 .i;:) ,1,- '--- ~, ~ , ,',''ri' ,," < '- ,,,-;' --,;).:,^ '--_d.- " . ;;,;",;-1"_ \,e-- ,;,." -~ -,' ,:>, ,- -,,-<. ," ..'; .,-j -',"-',",~; ,,;.;:0.- 'V- liifu.- ~ ' ~ ';';:_;__~ , , VERIFICATION I, Wayne R. Reaver, Jr., hereby verify that the facts set forth in the foregoing Petition for Appeal of Licensure Suspension are true and correct to the best of my knowledge, information and belief, and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~4904 relating to unsworn falsifications to authorities. ~ -<-/LL ~R. Reaver, Jr, jIIV DATE: / :ZP~/CJ( '" -.. '-~~ -~~ '. "' ,~ L -~' li~~'~-- --~"~L :FLS RUTOM~TION 410 771 912J62 2001.12-12 17:50 #783 p"e5/08 COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION aureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 27. 2001 WAVNE R REAVER 415 BOUNDARV AVE HANOVER PA 17331 013249283987998 001 11/20/2001 231234011 10/24/1973 Dear Moto!'ist, " As ~ result of Your conviction of violating section 3362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 11/19/2001. 4 points have been assigned to you!' reco!'d. Your total point accumulation is 11 points. Since your point record shows an accumulation of 11 points, a sanction of 365 DAV(S) is herebY imposed as man- dated by Section 1539 of the Vehicle Code. In order to comply with this s..nction YOU ..re 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 DLl6LC Form or a sworn affidavit statl.ng that you are aware of the sanction against your driving privi- lege. Failure to co~plY with this notice shall result in this Bureau referring this matter to the Pennsylvania State .E.o.li.c.e. f.OJ. ..Jl.r-...Q.S.~t::.rl"'; nn 11a.d.e.r--SEC-i.T-DN-.t5+J...(-a-)....{~t-h e "e hicle Code. Although the law mandates that l/our 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 ACKNOWLEDGE' MENT, WE WILL SEND VOU A RECEIPT. IF yOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, yOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effec~ive date of suspension is 01/01/2002, 12,01 a.m. ..,. ... .. ------'-- ~ n._,_ ~~~ ...,.........~.;,._~,~. - I_~,~.>"~~ .''''h.~ ~--j"",,,:,,,,u_,,,,,_ 'Iil''''';~",.o';.,,'b.''; r' :PLS RUTOMRTION 410 771 9062 2001,12-12 17=50 #783 P.05/0e 013249283987998 Please see the enclosed a~plication for restoration fee in- formation. You will be notified of any outstanding restoration re- quirements a~proximately 30 days before the eligibility date of th.. restor-lOtion of your driving privilege. You must follow those instructions very carefullY in order to have your driving pr-ivilege restor..d. APPEAL Y,l'U nav',,-t1ie-r-i9ht tci a'ppeal Tftis actio'ti-t-ri-'-t'he"Court-o-f' -.----.. Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 27, 2001, of this letter-. If you file an appeal in the County cou~t, the Court will give you a time- stamped certified copy of the appeal. In ord..r for your appeal to b.. valid,. YOU must send this time-stamped certi- fied COpy of the appeal by'certified mail to. PennsYlvania Departm~nt of Transportation Office of Chief Counsel Third Floor. Riverfront Office Center Harrisburg, PA 17104-2516 SincerelY, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing .---~7't:'feE'N~7'1tl:"~-c-rTth' Department of Transportation Bureau of Driv..,. Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFURl'f,(rrmr t I , U u HI STATE OUT-OF~STATE TOD IN STATE TDD OUT-OF-STATE AI'! IU ~,ou-Pl'fT 1-800-932-4600 717-391-6190 1-800-228-0676 717-391'6191 .~ ."""~""""'"",,""'=, ~I ~~___ ~~" . ~.~,~. ~~*_&'~~,i~~",-''''''-''~'_ 0\ -ISqq CR. . !N THE COURT OF .COMMON ,PLEAS, COUNTY OF CUMBE~L:"'ND pt!-- b'j c"-u.t- Notice of Appeal from Summary Criminal Conviction *3~./)D Name and Address of District justice: Robert V. Manlove Name and Address of Defendant: Wayne R. Reaver, Jr. 415 BolW""ry Avenue 1901 state Street HaOO"€lr, P.l\ Signature Zip 17331 Camp Hill, PA Zip 17011 Magisterial District No. 09-1-02 Decision of District Justice: Found quilty of 60 mph in a 35 rnph zone Date of Decision 11/19/01 Offense(s) Appealed Appeal from sentence of fines and costs c.:: ~ c:::;;:> C"~; '. . Name and mailing address of officer as-shown on citation or complaint Officer Robert L. Ressler 301 Market Street If sentence includes fimfiihd cOStS, amo~~t of which paid: $ 180.00 Lemoyrm, FA 17043 ("" " f~:, ,j ',..". Type or amount of bail furrushecj,to District justice, if any: ./ . , W -0 :P- u N/A Name an~ess of Att07~r. [~ (signature) ~~ \. /...f--> (print name) Gregory H. Knight 19 Brookwood Avenue, Suite 106 (address) Carlisle, PA Z' 17013 Ip Atty,Lb.# 30622 District justice Docket No, TR-0002786-01 Citation No. A6774404-0 Phone: 717-249-5373 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney, If your appeal is from a motor vehicle conviction that will re'sult in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. I hw~mr~m~ I\~eal had been filed in the above captioned matter. In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, PA, This \,.. da of -r, 20.QL d.;fVi"'-: Cle of the Court U Cumberiand County WHilE _ Clerk of Courts GREEN - Affiant's CODY YELLOW - District lustice Pli'\JK - District Atrornev GOLD - Oeieno<lni: .~,:"I ','__,0 ,~,,->', - ~~",,',;,.,' 0 _,'r. .-A-, '-"" -"'- -~.~",...., , WAYNE R. REAVER, JR., Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA: NO. 2001-2599 CR DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Petition for Appeal from License Suspension was sent to the following address below: Service by United States Mail, certified, return receipt requested, upon: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel A TIN: George Kabusk Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, THE LAW OFFICES OF MICHAEL J, HANFT Date: -z,o ~~ 2.00 I ~~aE~f~)W Supreme Court LD. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\User Folder\Firm Docs\Gendocs2001\2555-1petition.l.wpd ""~.' - ""'''~ :~,",,~.i-.......~~ ;i~~~'~i~""" l'- ". " - ' ,')'-'- ',,,, '~ ' , -;.&IIJ~:'f~tj~:;mM;mmlJj ~ l'i!':'.';'~''''H~$~.~g~ ~~_ -, '"M">':"~'" .. "'--'-=',"' ~I , ~ <:;) ~ ~ a ;~~!~~ u~ (0 'fA. -om 1"'1 ~ t mm ("'") Je- ff z:o N ~:~~0 0) zr.;. ~. h. cn~", 20 "'-'-' ~ ~ -u . ;" - ~ tv 8~ '< :Jl: j;~f) 19 ,r;-rn / - 0, ......... ....;J .- ~ I ::J-- ~ I ~ :.J ~ 9..) ~t? N ~ :pt ~ 'i. ~ U!I >'_'~"" __~ ,,~~,,~.~~..~,_.~,_""C~. . ~~~-" ~ ,_I ,L ,.'," , _-._," ;' ~ __,' ~, " "',.....~j;,,-, WAYNE R. REAVER, JR., Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA v, COMMONWEALTH OF PENNSYLVANIA: NO, 2001-7148 CNIL TERM DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : CNIL ACTION - LAW PRAECIPE TO WITHDRAW AND NOW, comes the Appellant, Wayne R. Reaver, Jr., by and through his Counsel of Record, Gregory H. Knight, Esquire, and files a Praecipe to withdraw the referenced Appeal, in support of which the following statements are made: 1. On December 21, 2001, Appellant filed a Petition for License Suspension. 2, On December 31, 2001, the Honorable l Wesley 0ler, Jr" issued an Order staying the vehicle license suspension pending the disposition of a criminal appeal filed by Appellant and docketed to 2001-2599 CR. 3. On February 12, 2002, Judge Oler issued an Order resolving the criminal appeal docketed at 2001-2599 CR. 4. The resolution of the criminal appeal eliminated the basis for the license suspension action by the Commonwealth of Pennsylvania and made this appeal docketed at 2001,7148 Civil Term, moot. WHEREFORE, the Appellant requests that his Appeal be dismissed with prejudice. Respectfully submitted, HANFT & KNIGHT, P.C. 0"-') "'lJi . r~ f.-t- Gregory H. Knight, Esquire Supreme Court LD, #30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Appellant , "" ~ .J I , "" ~ _ _ _'__,~., '.,,',';':i WAYNE R. REAVER, JR., Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTII OF PENNSYLVANIA: NO, 2001-7148 CIVIL TERM DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe to Withdraw Petition was sent to the following address below: Service by first class United States Mail, upon: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel A TTN: George Kabusk Third Floor, River Front Office Center Harrisburg, P A 17104 Respectfully submitted, HANFT & KNIGHT, P,C. ~~~<ir Supreme Court LD. #30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Appellant Date: 1-6> 1Ma~ 2.e>tJ2- F:\User Folder\Finn Docs\Gendocs2002\2555-1Praecipe.l.wpd :'i~~~~~~~$~~~~ktt',;;~~t~i':lJil' ~2o"'" '-~-'.~" ~--~-''- JiiI '1.!li&IU.~IL !1IIll Hi, c ""_"~".,,,,"~",,, ,,'" _ro- ,~~,' L.1."~',&, ;:? 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