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Home My WebLink About01-7148WAYNE R. REAVER, JR., Appellant V. ~ '71q ~ COMMONWEALTH Or PE SYLVAN : NO. 2001- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW : 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: 1. Wayne R. Reaver, Jr., is an adult male residing at 415 Boundary Avenue, Hanover, Pennsylvania 17331. 2. On or about October 6, 2001, Mr. Reaver was cited by an Officer of the West Shore Regional Police for a violation of 75 Pa. C.S. 3362(A)(1). A summary trial was heldin 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, 2001 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. 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. Rearer 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. Rearer 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 this 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 Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION I, Wayne R. Reaver, Jr., hereby verify that the facts set forth in the foregoing Petition for Appeal of Licensure Suspension are tree 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 unswom falsifications to authorities. W~ne R. Reaver, Jr. ~" DATE: Exhibit A FL$ ~UTOM~TION 41~ ?71 9062 ~1,12-12 17:~0 #783 p.0~/08 WAYNE R REAV£R 415 BOUNDARY AVE HANOVER PA 17331 COHHONwEALTH OF pENNSYLVANIA DEPARTRENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 NoVEHBER 27, 200[ 013~49283987998 001 11/20/2001 23123408 10/24/1973 Dear Hotorist= ........ ~ As a result of your conviction of violating sectAon 5562 of the Vehicle code EXCEEDING HAX[HUH SPEED on 11/19/2001~ 4 points have been assggned to your record- your total point accumulatAon is 1[ points. Since your point record shoWS an accumulation of 1[ poAnts, a sanction of 565 DAY(S) As heFeby imposed as man- dated by Section 1559 of the Vehicle C~deo order to comply with thAs sanction you are required to - - iver'S 1Acense, learner's permit and/or return any current or ' temporary driver'S license (camera card) in your possession nO later than the effectAVe date listed. [f you cannot' comply with the requirements stated above~ you are requAred to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your drivAng privi- lege. Failure to comply with this notice shaZl result in thls BureaU re,erring this matter to the Pennsylvania State . .~o. li~e. ~r--~-rJz-~-~''~"n t~H~T.~-OH ~_.~7-~(-a-)-~} hicZe Code. AlthoUgh the law mandate's that your dr~vlng privilege under suspension even [f ~uu do ~ot surrender your license, Cped~t w~11 not begin untJl aZ1 curren~ driver's l~ense product(s), the DL1GLC Form, or a letter acknowledging your sanction is eeceived in this Bureau. WHEN THE DEPARTNENT RECEZVES yoUR LICENSE OR ACKNOWLEDGE- RENT, NE N[LL SEND y~U A RECEIPT. [F YOU ~0 NOT RECEIVE THIS RECEIPT ~ITHZN 15 DAY~ CONTACT THE DEPARTHENT [MREDIATELY. DTHERNISE, yOU ~[LL NOT SE GIVEN cRED/T ToNARD SERVING THIS SANCT[DN. ~e e~ect~ve date o~ suspenSiOn ~s 01/01/ZOOZ, IZ:O[ a.a. 410 771 9062 2001,12-12 17:50 #785 p.~/~8 :LS AUTO~AT~ON Please see the enclosed application for restorat£On fee in- formation- :' ' . restoration re- you will be notified "f any outstanding eligibility date quirementS approximately 30 days before the ' ' * - ' to have of the restoration o~ your driving prlVz~ege YOu those instruCtionS very carefUllY in order follow privilege restored- your driving ...... -, ~dt ~o~- ~0J'-~h~-' ~o~t-~f ......... APPEAL _--~-.-- .ght to appeaz. ~-h~_ 0 days of the_ ~ppeal in the county ~v-- . time-stamped certi- .~amPed cer~i~led =opY of the appeal. [n order for your ,, you must send .this appeal to be va[id ~ied copy of ~he appeal bY~ce?tified mall to. PennSylvania Department of Transportation 'Office of Chief Counsel Third Floor, Riverf~ont Office Center Harrisburg, PA 1710~-~516 ,Department of Transpurtatlon Bureau of Driver L[~ensing p.O. BoX 68695 Harrisburg, PA sincerelY, Rebecca L. aickley, Director Bureau of DriVer Licens/ng -- 1_800-952-4600 XH STATE 717-391-619B O~T-OF-STATE TDD ~N STATE 1.80.0-228-0676 TDD OUT-OF-STATE 717-$9~-6191 Exhibit B IN THE COURT oF.COMMON pL£AS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Wayne R. Reaver, Jr. 415 Boundary Avenue H?_n_~:er, PA Signature Zip 17331 Name and Address of District Justice: Robert V. Manlove 1901 State Street 17011 Camp Hill, PA Zip Magisterial District No. 09-1-02 Decision of District Justice: Date of Decision 11/19/01 Name and mailing address of officer as,shown on citation or complaint Officer Robert L. Ressler 301 Market Street Lemovne~ PA 17043 Found guilty of 60 mph in a 35 mph zone Offense(s) Appealed Ap~=8l from sentence of fines and costs If sentence includes fin~:~nd C~, amount of which paid: $180.00 ~-,,, Type or amount of bail ~',r~_i~he~..to District Justice, if any: ~ District Justice Docket No. TR-0002786-01 Citation No. A6774404-0 Name and ~;kl4:ess of Attorney: (signature)~'~ /~t' [~.~u~' ~ (print name) Gregory H. Knight 19 Brcokwood Avenuer Suite 106 (address) 17013 Carlisle, PA Zip ~hone: 717-249-5373 A~y. LO.# 30622 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a m(~tor vehicle conviction that will re'suit 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 hgf~f¢ll]fl~ ~al had been filed in the above captioned matter. in Testimony whereof I here unto set rny hand / and the seal of said Court at Carlisle, PA. J' (X~m ~% ~ · /,,,,./c,r~v nF CbURTS ~¢ Cle~ 0f the 60u~t ~ ' ~ OumberlandO0umy ~ ' v GOLD WHITE - Clerk of Courts GREEN - Affiant's CoDy YELLOW - District lustice PINK - District Attorne . Defendant WAYNE R. REAVER, JR., Appellant Vo : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA : : : 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, remm receipt requested, upon: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel ' ATTN: George Kabusk Third Floor, River Front Office Center Harrisburg, PA 17104 Date: Respectfully submitted, THE LAW OFFICES OF MICHAEL J. HANFT Gregory H. Knight, Esquire Supreme Court I.D. #30622 Attorney for Appellant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\Us~r Folder~Finn I~cs\Gendocs2001X2555-1 peftion. 1 .wpd WAYNE R. REAVER, JR., Appellant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2001- DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CWIL ACTION - LAW ORDER OF COURT .~o day of Be_C_2 ._:~)l- , 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 disposition of thi~ appeal. ~ 'P~t_ ~-X~k'o') { J/'~,, ? ~ ~ ") 1.5 ,~t ~ d,~J BY THE COURT: WAYNE R. REAVER, JR., Appellant : IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2001-7148 CIVIL TERM DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : CIVIL ACTION - LAW PRAECIPE TO WITItDRAW 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 J. Wesley Oler, 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. Gregory . ight, Esquire Supreme Court I.D. #30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Appellant WAYNE R. REAVER, JR., Appellant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: NO. 2001-7148 CIVIL TERM DEPARTMENT OF TRANSPORTATION : BUREAU OF DR1VER LICENSiNG, : Appellee : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a tree 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 ATTN: George Kabusk Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, HANFT & KNIGHT, P.C. Date: Supreme Court I.D. #30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Appellant