HomeMy WebLinkAbout01-3318 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA :
DEPARTNENT OF TRANSPORTATION, : " · '
:NO. -~' -~3/~' 6~z~/ '~'""~
VS. :
: CIVIL ACT[ON
RYAN C. WADE, :
PETtT[ONER :
PETI"DON 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.
5.
Ryan C. Wade had (as a juvenile it is believed) received notices of failure
to respond prior to having a license.
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,
Attorney for Petitioner
128 E. King Street
Shippensburg, PA 17257
(717)-532-3270
! verify that the statements made in this Motion are true and correct. !
understand that false statements herein am made subject to the penalties of 18
Pa. C.S. Section 490~, relating to unsworn falsification to authorities.
CONHONWEALTH OF PENNSYLVANIA ....
DEPARTMENT OF TRANSPORTATION
Bureau of Dr/var Licensing ....
Harrisburg, PA 17125 ....
NAY 01, 2001 ....
RYAN ¢ WADE D11149Ea]6479]E DO1
16 E KING ST 04/E4/ED01
APT 6 25429864
$HZPPENSBURG PA 17257 08/25/1978
Dear Motorist:
As a result of your conviction of violating section 35&2
of the Vehicle Code EXCEEDING MAXIMUM SPEED on 04/25/2001,
4 points have been assigned to your record.
Your total point accumulation is 13 points.
Since your point record shows an accumulation of 13
points, a sanction of 365 DAY(S) is hereby imposed as
mandated by Sectton 1539 of the Vehicle Code.
In order to comply with thts sanction you are required to
return BnY curpant dr~varWs 11canss~ loarRor"s permit end/or
temporary driver's 1/cerise (camera card) in Your possession
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are requ/red
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 drtving privilege
under suspenslon even if you do not surrender your license,
CPed/t will not begin unttl all current driver's license
product(s), the DL16LC Form, or a letter acknowledging your
sanction is received in this Bureau.
HHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR
ACKNOWLEDGEMENT, HE WILL SEND YOU A RECEIPT. IF YOU DO NOT
RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT
IMMEDIATELY. OTHERWISE, YOU HILL NOT BE GIVEN CREDIT TOWARD
SERVING THIS SANCTION.
The e~ectlve date of auapenaton 1o 06/05/2001, 12:01 a.m.
'0111~9285&q7952 ....
Please see the enclosed appl/catton for restorat/on fee
information.
You ~ill be not/f/ed of any outstand/ng restorat/on
requ/rements approx/mately 30 days before the el/oibtl/ty
date of the restoration of your dr/ring pr/v/logo. You must
follow those instructions very carefully /n order to have
your dr/v/nB privilege restored.
APPEAL
You have the right to appeal th/s action to the Court of
Common Pleas (C/v/l D/v~ston) within $0 days of the ma~!
date, HAY 01, 2001, of this letter. Zf you flZe on appmoZ
tn the County Court, the Court wt1~ give you o t~me-otamped
certified copy of thc oppe&l. In order for your appeal to
be val$d, you must send thls t/me-stamped certif/ed copy of
the appeal by cert/fied mail to:
Pennsylvania Department of Transportation
Off/ce of'Chief Counsel
Th/rd Floor, Rlverfront Off/ce Center
Harr/sburg, PA 17104-25~&
Sincerely,
Rebecca L, Bickley~ D/rector
Bureau of Drtver L4censing
SEND FEE/LICENSE/DL-I&LC/TO: INFORHATION (7;00 AH TO 9=00 PH)
Department of Transportation ZN STATE 1-800-952-4&00
Bureau of Driver Licens/ng OUT-OF-STATE 717-391-6190
P.O. Box 68693 TOD IN STATE 1-800-228-0676
Harrisburg, PA 17106-8693 TOD OUT-OF-STATE 717-391-6191
,JUN 0 / 2O0/
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION, :
: NO. 4'.)/-..
VS. :
: CIVIL ACTION
RYAN C. WADE, :
PETITIONER :
ORDER OF COURT
AND NOW, this ~1~ day of ~ .2001, after consideration of
the facts set forth in the attached Petition and upon the motion of H. Anthony
A(ilams, Attorney for Ryan C. Wade, a hearing is scheduled for the ,~clay of
~~_ ,2001, at ~'.00 o'clock /~ m., in Courtroom Number ~. of
t~he Cumberland County Cou--~use, Carli-~, Pennsylvania.
All proceedings are stayed pending a final decision J~ the Court.
By. ourt,
/
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANZA
COMMONWEALTH OF PENNSYLVAN~
DEPARTMF. NT OF TRANSPORTAT'~ON, i
...o. oi---
VS. :
: C~L ACl~ON
RYAN C. WADE, :
PEYJ'~ONER :
PRAEC~PE
As counsel for me Pe~oner, I v~ttmraw me petition pre~ously fllecl In the
above captioned mal~er and request that the Petitioner's appeal be dismissed.
H. Anthony Adams
Attorney for Petitioner
CER'r'/I~CATE OF SERVICE
! hereby cerUfy Lhat ! am thls clay serving a copy of the foregoing
document upon the persons in the manner Indicated
of' the same In the United States I~i~ ~, ...... below, by depositing a copy
c~ass postage prepaid as follows: ..... ' m'pl;~nsaurg' Pennsylvania, with first
Pe-nnsvIvanla Depal brmrtt O~ Tmnsporb~on
Office of Chief Counsel
Harrisburg, Pa. 17104-~516
.H. Anthony~Adams, Esquire
128 E. King Street
Sl~lppensburg, PA 37257
(7] 7)-532-3270
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION, :
VS.
: CIVIL ACT[ON
RYAN C. WADE, :
PETIrT[ONER :
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.
H. Anthony Adams
Attorney for Petitioner
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. 1710a,-2516
H. Anthony Adams, Esquire
128 E. King Street
Shippensburg, PA 17257
(7:~7)-532-3270