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Home My WebLink About94-05571 \ i i 1'1 11 .3 j . I 7\ a:\ '1; \ J n n : ! ~ J .r:. - f"- ~ ../ ~ <.. ... ) ,- ---- , I p.t:'I.i; " ,. H-1I1 I ri " -,--- LAW OfFICES Of~' PAUL OKR j P.WL B~~fmlJ ORI< I Aunm1 ~r L.lu.' I '1~1'l' VIA FACS!' ':,Ii: TO 240-6H,2 T!,~ Honor.,hlf! C",nberlan ' "Hliele, " r'j , Oept 01 ,J"u Judtl" \ ','he above , I'i,iud befc., , ; "', forth , ",., l1Iinal "" [,"trict ^' t." a date r ~l'1l1 lic", r'me fr.uit ''',~11 aft", "r~I'Jnk you . \ ~ l ,'ge J. Wesley aler , Courthouse , : 3 j portation v. John whitley, .' I L Civil I Geel Pet i ttn for Appeal vas ., "'~';lled to be on Oecemb 5, 1994 dt') pm. petition, he outcome of my , " cr1tIcal to tllis civtl apr' 's offIce has n~ yet notlfi, crimInal appeal and thus an, pension in your Courtroom loll' Therefore, can we continue t, ri~inal appeal has beel det.., Ir consideration. Is~jf: W~ ""' "'D~D ". J \ I .,"lIer, as i,': '. The ;' client as ,pn9 on hi~ , ~ at th is : ',arin9 ",! ? DEe 0] 19 .94 , 11$1 F. ~o!\r' . 'NERS, p., 1732,j . 717 ~1I6,~B07 . OCT 03 1884, { c:.~ ,~ DEPARTMENT OF TRANSPORTATION COMMONWEALTIl OF PENNSYLVANIA IN mE COURT OF COMMON PLEAS CUMBERJ..A.'ID COUNIY, PENNSYLVANIA #<(4 'c- CIVU.. 1994 - ))} I C.lkL'('~'i '\ V. JOHN Q. WHm..EY, PETmONER APPEAL FROM UCENSE SUSPENSION ORDER OF COURT AND NOW, thIs~day of () l...t,loe) 1994, upon presentation and consideration of the within Petition for Appeal from license Suspension, a de novo hearing , - Is set fol'---o the. .1.1) of i -?' ~) , 1994, at ..J...:.a.o'clock ..e.m, bl courtroom number --- 2.. of the Cumberland County Counhouse, Carlisle, Pennsylvania. Funher, the motor vehicle license suspension in this case Is stayed pending the outcome of Petitioner's timely ffied appeal of his August 8, 1994 conviction for violating Section 3367 of the Vehicle Code. By the Coun, -j . l( L~oL/ j ~II<JI ~ ~ l' ,ri!l~ le~. .) (' "",of V ~/r-' j/- (1 fhLC yJ:' '1' d',~11 :d~~ e<-L ,b ,L./.,/ Gel '.J rs "~I 'Sq .. :.1 " . DEPARTMENT OF TRANSPORTATION COMMONWEALnI OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNIY, PENNSYLVANIA :Ii qy -"b 'II ('L~S ,,,....,u'r\ CIVIL 1994 APPEAL FROM UCENSE SUSPENSION V. JOHN Q. WHITLEY, PETITIONER PE1TI10N FOR APPEAL FROM Uc.F.NSE SUSPENSION AND NOW comes Petitioner, John Q. Whitley, by and through his attorney, Paul Bradford Orr, and files the following Petition: 1. Petitioner Is John Q. Whitley, an adult individual, who Is currently residing at 5 Texaco Road, Mechanlcsburg, Cumberland COWlty, Pennsylvania. 2. Petitioner has the right to appeal to this honorable court by way of this court's jurisdiction fOWld in 42 Pa.C.S. 933(a)(1)(li). 3. On or about June 26, 1994. a vehicle driven by Petitioner was dted for violating Section 3367 of the Vehicle Code by the Camp Hill Borough Pollee Deparonent. 4. 011 August 8, 1994, Petitioner was convicted of violating Section 3367 of the Vehicle Code by District Justice RODen Manlove. 5. Petitioner filed a timely appeal on August 22, 1994 in the Clerk of CourtS Office of the Cwnberland COWlty Court of Common Pleas. 6. On September 6, 1994, Petitioner received notification from PerutDot that his driving privilege would be suspended for 6 months effective October 4, 1994 as a result of the above referenced District Justice conviction. (See Exhibit A) 7. Petitioner asserts that his conviction for violating Section 3367 of the Vehicle Code, racing on highways, was improper. Rather, Petitioner assens that an excessive speeding charge should have been lodged against him. 8. Petitioner asserts that only one vehicle was dted on 6/26/94 for the violation referred to above. 9. Petitioner asserts that in no way was he "drag racing" on the date of the alleged violation. 10. Petitioner asserts that in no way was he engaged in any type of race, competition, comest, test or exhibition of speed at the time he was dted for violating Section 3367 of the Vehicle Code. , 11. Wherefore, for the above reasons, Petitioner, John Q. Whitley, respectfully requesu your honorable court to set a time for a hearing on the propriety of Petitioner's Ucense suspension and, further stay the imposition of this l1cense suspension pending the resulu of his subsequent 3ppeal of hJs convlction for violating Section 3367 of the Vehicle Code. ~~(l Paul Bradford Orr, Esq. Court ID#71786 4199 CarUsle Road Gardners, P A 17234 (717) 486-5807 \ '~ COMMONWE~LTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Liclnsing Harrisburg, PA 17123 AUGUST 30, 1994 JOHN Q WHITLEY 5 TEXACO Rll MECHANICSBURG PA 94235928329b804 001 Oa/23/1"194 21a3b501 Ob/17119b9 17055 Oear Motor1stl As a result of your conviction on 08/08/1994 of violating Section 3367 of the Vehicle Code. RACING ON HIGHWAYS on 06/26/1994, your driving privilege is being SUSPF.NOED for a period of 6 MONTH(SI as mandated by Section 1532B of the Vehicle Code. 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 1 in your possession no later than the eff~ctive date listed below. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under Section 157lCa)(41 of the Vehicle Code. I f you cannot comply with the requirements stated above, you must contact the Bureau (See information below 1 for further directions on how to receive credit towards your sanction. Credit will not begin until all driver's license t-i r .;,.~ u c t. , .J} g r G :'" C c:: i'" c C i ~ ': ~ i S' AI.! r A 0111 When the department receives your license or aCknowledgement, it will send you a receipt. If YOU do not receive this receipt within 15 days contact the departmlnt immediately. Otherwise, you may not be given credit toward serving this sanction. Effective Date of Suspension I 10/04/1994. 12.01 a.m. Please see the enclosed application for restoration fee information. Your driVing privilege will not be restored until you provide proof to the Department that all motor vehicles registered in your name are covered by a mOtor vehicle EXnl~jT A . DEPARTMENT OF TRANSPORTATION COMMONWEAL11I OF PENNSYLVANIA V. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNIY, PENNSYLVANIA CIVIL 1994 APPEAL FROM UCENSE SUSPENSION JOHN Q. WHlTLEY, PETlTIONER CJl.RTlFlCATE OP SERVICE We hereby certify that we are this day serving the foregoing document, namely John Q. Whitley's Petition for Appeal from Ucense Suspension, upon all parties of record In this proceeding In accorrlance with the requirements of 1 Pa. Code, Chapter 33 In the following ~er: Service bv Hand Deliverv Pennsylvania Deparonent of Transponation 103 Transportation and Safety Building Harrisburg, PA 17120 rJ w(l Paul Bradford Orr, Esq. Court ID#71786 4199 Carlisle Road Gardners, PA 17234 (717) 486-5807 .' . .... " . . .. -- .' - . p r ~ <t. <'t ..l! ~ ]. ~ a... ~ 0 r- 0 0 \~ c' :J ...,. 0 c-' ...:::J en ~~ VI - :r.: ... 0 10 -- ,. :... _4. , :r ~ 'I1 ~~ Gt ij "'" r"/"" , '~I "'- ""' V> COMMONWEALTH OF PENNSYLVANIA, I DEPARTMENT OF TRANSPORTATION, I I v. I I JOHN Q. WHITLEY, I Petitioner I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-557l CIVIL TBRM ORDER OF COURT AND NOW, thb '1 tt. day of February, 1995, upon condderation of the Petition for Appeal from License Suspension and it appearing that Petitioner's underlying conviction for violation of Section 3367 of the Vehicle Code has been replaced by a conviction for violation of Section 3362(a)(J) of the Vehicle Code pursuant to a plea bargain on December 13, 1994, the appeal herein is SUSTAINED and the license suspension order dated August 30, 1994, is REVERSED. BY THE COURT, tl~ J. esley Oler, ~~~ C . ., . Matthew X. Haeckler, Esq. Assistant Counsel Traffic Safety Section Department of Transportation l03 Transportation and Safety Bldg. Harrisburg, PA l7l20 Paul Orr, Esq. 78 West Pomfret Street Carlisle, PA l70l3 Attorney for Petitiouer ~~ .:2.1'I1'?~~ ~6'. lrc "p" -,., S6, lid hT? G nj .J