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Home My WebLink About02-4948COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant : IN THE COURT OF : COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. ~ CIVIL NOTICE OF APPEAL OF LICENSE SUSPENSION Appellant, Andrew L. Carson, is an adult individual xvho currently resides at 8 Limerock Road, Lititz, Cumberland County, Pennsylvania 17543. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County Pennsylvania. By letter dated October 4, 2002, Appellee notified Appellant that his operating privileges would be suspended for a period of one (1) year, beginning on November 8, 2002. A true and correct copy is attached as Exhibit A. The basis of the one (1) year suspension is an aJleged violation of Section 1547 of the Vehicle Code (Chemical Test Refusal) on September 21, 2002. The Appellant denies that he violated Section 1547 of the Vehicle Code on September 21, 2002 or on any other date. WHEREFORE, your appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Date: Respectfully subn'fitted, A~lleffney for the Appellan~t Attorney I.D.# 77961 8 South Hanover St.; Suite 204 Carlisle, PA 17013 (717) 249-0900 .CERTIFICATE OF SERVIC~ I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BURF, AU OF DRIVER LICENSING, Appellee V ANDREW L. CARSON, Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 62, _qe?qg CML : : ORDER AND NOW, this [2> day of ~ff~(ll~--, 2002, upon consideration of the Appellant's Notice of Appeal, a hearing is set for the ! ~ t'~ay of ~ 200 ~., at /t/j Fo AM~PM, in Courtroom # ~"3, Cumberland County Courthouse. John A. Abom, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 CAI, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant IN THIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nc,.02-4948 CIVIL TO THE HONORABLE GEORGE E. HOFFER: MOTION TO CONTINUE AND NOW, this 5th day of December, 2002, comes the appellant, Andrew L. Carson, by and through his attorney, John A. Aborn, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully requests this Honorable Court to grant a continuance, and in support thereof, avers the following: 1. On October 2, 2002, the defendant filed a Notice of Appeal of License Suspension. 2. This Honorable Court scheduled a hearing on said appeal for Friday, December 13, 2002. 3. The appellant is enrolled at Shippensburg University and would like to complete the current semester. 4. The appellant would like to offer testimony on said appeal that may impact the criminal charges currently pending against him. 5. The appellant respectfully requests a continuance of the heating scheduled in this matter. 6. Undersigned counsel contacted George Kabusk, Esquire, Attorney for the Commonwealth of Pennsylvania Department of Transportation, ~rrtd he does concur with this motion. WHEREFORE, Appellant respectfully requests that This Honorable Court grant the Motion for Continuance. Respectfully submitted, John A. Ab~/,t~[, Es'quire~ ' Attorney IjiE~. ]5Io: 77961 8 South I~anover Street, Suite 204 Carlisle, PA 17013 (717) 249-090,0 Attorney for A~vpellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4948 CIVIL CERTIFICATE OF SERVICE AND NOW, this 5th day of December, 2002, I, John A. Abom, Esquire, of Abom& Kutulakis, L.L.P., hereby certify that I did serve a true and con'ect copy of the foregoing Motion to Continue upon the following by placing or causing to be placed same in the U.S. Mail addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTULAKIS, L.L.P. ol3ffA.~om, Esquire~"'~ 8/8~h Hanover Street, Suite 204 C~arlisle, PA 17013 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4948 CIVIL TO THE HONORABLE GEORGE E. HOFFER: MOTION TO CONTINUE AND NOW, this 5th day of December, 2002, comes the appellant, Andrew L. Carson, by and through his attorney, John A. Abom, Esquire, ofABOM & KUTULAKIS, L.L.P., and respectfully requests this Honorable Court to grant a continuance, and in support thereof, avers the following: 1. On October 2, 2002, the defendant filed a Notice of Appeal of License Suspension. 2. This Honorable Court scheduled a hearing on said appeal for Friday, December 13, 2002. 3. The appellant is enrolled at Shippensburg University and would like to complete the current semester. 4. The appellant would like to offer testimony on said appeal that may impact the criminal charges currently pending against him. 5. The appellant respectfully requests a continuance of the heating scheduled in this matter. 6. Undersigned counsel contacted George Kabusk, Esquire, Attorney for the Commonwealth of Pennsylvania Department of Transportation, and he does concur with this motion. WHEREFORE, Appellant respectfully requests that This Honorable Court grant the Motion for Continuance. Respectfully submitted, Ji~ou~i AY~~e~"s;;tr7eir~i~ 1Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4948 CIVIL CERTIFICATE OF SERVICE AND NOW, this 5th day of December, 2002, I, John A. Abom, Esquire, of Abom& Kutulakis, L.L.P., hereby certify that I did serve a tree and correct copy of the foregoing Motion to Continue upon the following by placing or causing to be placed same in the U.S. Mail addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTULAKIS, L.L.P. Joh/~ A.~bom, Esquire-'"'--~ 8/8~m~h Hanover Street, Suite 204 C'~lisle, PA 17013 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant IN THE ,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4948 CIVIL ORDER FOR CONTINUANCE AND NOW, this ~_E' of December, 2002, after due consideration of the within Motion to Continue, and with the understanding that the Commonwealth of Pennsylvania does concur with said Motion, the Motion is hereby GRANTED. The Defendant is directed to appear for a hearing ! onthe /'~ ~ /J~ dayof . ~ , ~27-, at g/~eorge Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfrom Office Center Harrisburg, PA. 17104-2516 John A. Abom, Esquire ABOM & KUTULAKIS, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 BY THE COURT: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ANDREW L. CARSON, Appellant : IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA No. 02-4948 CIVIL PRAECIPE TO DISCONTINUE Kindly discontinue the above-captioned Appeal. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Carlisle, PA 17013 (717) 249-0900 Attorney for Appellant