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Home My WebLink About07-6127COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ANTHONY WAYNE KEITER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 0 7- CIVIL ACTION PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE AND NOW, the Petitioner, Anthony Wayne Keiter, by and through his attorney, H. Anthony Adams, Esquire, and sets forth the following: 1. _Petitioner is Anthony Wayne Keiter, an adult individual who resides at 1 Mountain View, Newville, Cumberland County, Pennsylvania, 17241. 2. Anthony Wayne Keiter is a licensed motor vehicle operator pursuant to operators license number 25466671. 3. Petitioner entered a plea of guilty and was sentenced on August 7, 2007, to DUI, General Impairment (75 Pa. C.S.A. § 3802(a)(1). (Exhibits Al and A2) 4. The conviction of DUI, General Impairment, in Cumberland County, Pennsylvania,'is not an offense for which a license loss can be imposed. The suspension imposed by the Department is not warranted for the Defendant's conviction, nor is it authorized by Section 3802(a)(1) of the Pennsylvania Vehicle Code. WHEREFORE, the Petitioner prays Your Honorable Court reverse the Pennsylvania Department of Transportation's suspension. Respectfully submitted, H. Anthony Adams, Esquire Cumberland County Public Defender's Office One Courthouse Square Carlisle, PA 17013 (717)240-6285 Supreme Court ID 25502 Attorney for Petitioner COMMONWEALTH IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA. CP-21-CR-0069-2007 CHARGES: (1) DRIVING UNDER THE INFLUENCE, GENERAL v IMPAIRMENT (3) MAXIMUM SPEED LIMITS (SUM.) (5) RESTRICTION ON ALCOHOLIC BEVERAGES (SUM.) ANTHONY WAYNE KEITER AFFIANT: TPR. ADAM THOMAS OTN: L324776-4 IN RE: GUILTY PLEA ORDER OF COURT AND NOW, this 29th day of May, 2007, the Defendant, Anthony Wayne Keiter, now appearing in court for a pretrial conference with the Public Defender, H. Anthony Adams, Esquire, and having tendered pleas of guilty at Count 1 to Driving under the Influence in the form of Driving after Imbibing, General Impairment, said to be a first offense for mandatory sentencing purposes and an ungraded misdemeanor carrying penalties in the form of a fine of $300.00 and a period of probation of 6 months, at Count 3 to Speeding at the rate of 57 miles per hour in a 45 mile per hour zone, a summary offense carrying a penalty in the form of a fine of $49.00, and at Count 5 to Restriction on Alcoholic Beverages, a summary offense carrying a penalty in the form of a fine of $300.00, in full satisfaction of all charges at the above term and number, the Defendant's pleas of guilty are accepted, and sentence is deferred pending receipt by the Court of a DUI report. The Probation Office is directed to prepare the aforesaid DUI report, and the Defendant is directed to appear for sentence on Tuesday, August 7, 2007, at 9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania, A-1 without further Order of Court. The District Attorney's office and the Clerk of Courts are directed to effect the filing and docketing of the guilty plea colloquy form executed by the Defendant. By the Court, Michelle H. Sibert, Esquire Assistant District Attorney Anthony Adams, Esquire Assistant Public Defender Probation Sheriff Court Administrator Victim Witness :mae COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-0069-2007 CHARGES: (1) DRIVING UNDER THE INFLUENCE, GENERAL IMPAIRMENT v (3) MAXIMUM SPEED LIMITS (SUM.) (5) RESTRICTION ON ALCOHOLIC BEVERAGES (SUM.) ANTHONY WAYNE KEITER AFFIANT: TPR. ADAM THOMAS OTN: L324776-4 IN RE: SENTENCING ORDER OF COURT AND NOW, this 7th day of August, 2007, the Defendant, Anthony Wayne Keiter, now appearing in court for sentence with the Public Defender, Michael Halkias, Esquire, and having previously entered a plea of guilty at Count 1 to Driving under the Influence in the form of Driving after Imbibing, General Impairment, a first offense for mandatory sentencing purposes, and an ungraded misdemeanor, and a plea of guilty at Count 3 to Speeding at the rate of 57 miles per hour in a 45 mile per hour zone, a summary offense, and a plea of guilty at Count 5 to Restriction on Alcoholic Beverages, also a summary offense, and the Court being in receipt of a-presentence investigation report, upon which it relies, the sentence of the Court is as follows: At Count 1, Driving under the Influence, the Defendant is sentenced to pay the costs of prosecution, a fine of $300, a $50 CAT fund surcharge, and a $10 Emergency Medical Services Fund assessment, and to undergo a period of probation, with supervision, of 6 months, conditioned upon the Defendant's being and remaining on good behavior, and complying with the written Cumberland County Court Conditions for Driving under the Influence Offenders. In addition, the Defendant is directed to attend and successfully complete a DUI alcohol safety class program, and to complete a drug and alcohol evaluation and any recommended treatment. At Count 3, Speeding, the Defendant is sentenced to pay the costs of prosecution, a fine of $49, a $30 CAT fund surcharge, and a $10 Emergency Medical Services Fund assessment. At Count 5, Restriction on Alcoholic Beverages, the Defendant is sentenced to pay the costs of prosecution and a fine of $300. By the Court, Christylee Peck, Esquire Assistant District Attorney Michael Halkias, Esquire .Assistant Public Defender Probation Sheriff Victim Witness :mae COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA . NO. Q-? - ?/2j ANTHONY WAYNE KEITER, CIVIL ACTION Petitioner CERTIFICATE OF SERVICE I, H. Anthony Adams, 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: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: /vi&/o7 H. Anthony Adams, Esquire -`? Attorney for Petitioner Cumberland County Public Defender's Office 1 Courthouse Square Carlisle, PA 17013 (717)240-6285 PENNSYLVANIA CQMMO T QPO TRANSPO ensin9 pEPARTMENT Li 7 Ma Driver ER 20? 200 Burea N u of SEP"[EMBil DateSEP15" 9 C]l71 ?IID t 07256612'32D9/13/2gll? T PROCESSING D A 546 ,671 KEITER DRxVER LICENSE p8/Q5/1979 ANTHONY Wp,YNE BIRTH 1 MOUNTNIN VIE1o TER DATE Of NFWVILLF VA 17241 of your Driving MR. KEITER? Suspension of the D_e.a_r_ .. Notice of the 300yE2I Official by section of your 05/29/?dde This is an as authorized As a result the P Vehicle Privilege code. 5802A1 of vania Vehicle Section ennsYl of v iolating 006: conviction IMPAIRMENT on 12/05/2 °? ? i)UI GENERAL a period is SUSPENL3E for m• vile9e your driving ori 10/25/2007 at l2' You must st YEAR(S) effective privilege o tore your driving COMPLYING low can res this letter for VIpXNG ennPOT fBeofl ore P he in in PEE and PRO the nstructions THE RESTORATION Very THIS SUSPENSION ? .AYINGYou Should follow all ither time ion on the ALL ns PROOF OF iNSURANCEP you have serve care driving Even if cannot restore your '?u11Y• , we suspension/revocation satisfied privilege until. all the requirements are CO PLY NG WITH THIS SUSPENSION ou must return all current Penna? yer's dl.icenses lYearner's permits, temporary /207• cards) , f? yor?r -a-assessia?" ibn.. o? before 101 0,12r?12007, for surrender these items before, 1 credit; however, You may not drive after these surrendered. licenses, (camera you may, earlier items are YOU MAY NOT RETADRIVER'S apply ICE?NSEandR n D aN nlFa photo PURPCsES. However, identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of prOVer identification (e.g.? birth certificate, valid U.$. passport, marriage certificate, etc.) inn 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. C7 N c`°a ? - ? • N .x7 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ANTHONY WAYNE KEITER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. U 7 ?D l off- 7 : CIVIL ACTION PETITION FOR LEAVE TO APPEAL IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: 1. Petitioner, Anthony Wayne Keiter, wishes to Petition to Set Aside Suspension of Driving Privilege issued by the Pennsylvania Department of Transportation. 2. Petitioner is represented pro bono by H. Anthony Adams, 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 to Set Aside Suspension of Driving Privilege in forma pauperis. Respectfully submitted, H. Anthony dams, Esqu' Cumberland County Public Defender's Office I Courthouse Square Carlisle, PA 17013 (717) 240-6285 Attorney for Petitioner C) Q 4 W 7.. {i7 = r r- - co 3?rT c, -4? OCT ti"'2007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ANTHONY WAYNE KEITER, Petitioner OR DRR IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 0 7 - (o /?-7 : CIVIL ACTION AND NOW, this d day of,C c,+, 2007, pursuant to Pa.R.A.P. 552 and upon petition of Anthony Wayne Keiter, Petitioner's request to proceed in the above-captioned matter in forma pauperis is granted. ?.1 U ? T c"I OCT? L? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ANTHONY WAYNE KEITER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 0? CIVIL ACTION ORDER OF COURT AND NOW, this :? ag-W- 1-AA day of -, --Lk&h , 2007, after _Zq consideration of the facts set forth in the attached Petition and upon the Motion of H. Anthony Adams, Attorney for Anthony Wayne Keiter, a hearing is scheduled for , the a* day of OULzyA? , 2007, at 9', L6 o'clock 4 M.. in Courtroom a-- of the Cumberland County Courthouse, Carlisle, Pennsylvania. Public Defender Office PennDOT, Office of Chief Counsel Court Administrator Office 1 ^y C17 C\j L J u C , L?L Q 7 cv iJ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ANTHONY WAYNE KEITER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07-6127 CIVIL ACTION PRAECIPE TO WITHDRAW PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE TO THE HONORABLE JUDGES OF SAID COURT: Please withdraw and discontinue the Petitioner's Motion to Set Aside Suspension of Driving Privilege previously filed in the above-captioned matter. Respectfully submitted, H. Anthony ams, squire Assistant Public Defender Attorney for Defendant Date: January ,2:5 , 2008 c Edgar B. Bayley, P.J. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V. ANTHONY WAYNE KEITER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 07-6127 : CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that I am this day serving upon the persons and in the manner indicated below. The manner of service satisfies the requirements of Pa. R. Crim. P. 575. Service by sending a copy certified U.S. mail to the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: (J? H. Anthony Adams, Esquire Attorney ID No. 25502 ?., _ •? c_ . ?t ,? c? , - _, ,