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Home My WebLink About00-03130 ~---'- ~ . DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee VS ROGER EUGENE FAILOR, Appellant "',. '.'-'" '""'-^ - "' -~', " c ( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA /l'.~" NO.~O-O-V~ 3(j{) ~ ORDER OF COURT AND NOW, this Z ~ ,d. day of M l..1 , 2000, upon consideration of the within Petition For Appeal From License Suspension, a hearing is set for the Ij.:;:t:J.., day of ~ ' 2000, at / : 30 o'clock----t-.m. In Courtroom No. / of Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of the appeal hearingt D ti., u:.tV'l t rtJ 7; U Ire j k, 1 I?Cou. ~:) 00 \j( ~~~~D:J cc: George Kabusk, Esquire For the Commonwealth Gregory Barton Abeln, Esquire For the Appellant 19~ ~ '7Jv 71 .5J;r; 1m A<- By the Court, V!N~/0'\S>!t\J:Jd f iIcICl('1:c\ /'1,\,."r1i_,~:;~;~I,!\IIC)'" J\..li\li k/,,j '.,,:1', 'I L'_..,'..' 'l l~J '" '-J [UU r,o au :[ 1+J !j{, ^i1~., U [""lON'''''''''' ,I" :10 ^Cn Ii l\Jf"f..>,U,--JG :J1"l..L '''''~4('~n31[:I ;]vl_..,....\..I 1 ,,- ;"~ J .. ." , DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS NO. OV. J /30 C,;;;:J 1d.w--- ROGER EUGENE FAILOR, Appellant C) C.'J (:J -n :-:; ,-.. > PETITION FOR APPEAL OF LICENSE SUSPENSION () : ) C;; --1 -< AND NOW, comes Appellant, Roger Eugene Failor, by and through his attorney, Gregory Barton Abeln, Esquire, who files the following petition: 1. Roger Eugene Failor is an adult individual currently residing at 441 Crossroads School Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. On April 20, 2000, the Pennsylvania Department of Transportation sent to Appellant a notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in his possessIOn. 4. The Appellant's license is to be suspended as a result of an alleged chemical test refusal on March 25,2000. 5. The reason for the suspension was that the Appellant was asked to submit to a breathalyzer test for an alleged driving under the influence violation, and attempted to comply with the officer's instructions, but was unable to supply a 0'_ O_j' ,;:0 '~1 i;::;::' _'-' \11 -'-C' .,:"lJ, -il..--" :~~~ '=-1 ~'> ~ .co --" r:: ,'0 ....l J, -'~ " - ',-" sufficient breath sample to the officer's satisfaction. 6. Appellant suffers from asthma and had attempted to comply with the officer's request, but was unable to because of this preexisting condition. 7. Appellant was subsequently transported to the hospital wherein blood was drawn and his BAC was later used by the police to charge him with driving under the influence. 8 Appellant therefore believes that he will succeed in this appeal because of his compliance. WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of his license suspension pending the result of said hearing. Respectfully submitted, ABELN LAW OFFICES Date ~(\~( QU Gregory Barton Abeln, Esquire ID # 35,960 Attorney for Appellant 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 ~- - - - ~ ~ " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 20, 2000 ROGER EUGENE FAILOR 441 CROSSROAD SCHOOL RD CARLISLE PA 17013 001046102836613 001 04/13/2000 16573659 11/13/1955 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 03/25/2000, your driving privilege is being SUSPENDED for a period of 1 YEAR(S). 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) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that yOU are aware of the sanction against your driving privi- lege. 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 Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license PI'oduct(s), the DL16LC.-Form, ora let't'er acknowledging your: sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is OS/25/2000. 12:01 a.m. ******************************************************************** IWARNING: If you are convicted for driving while your license is I Isuspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I ******************************************************************** --A- ,,~""=' ~t;" 001046102836613 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, APRIL 20, 2000. If YOU file an appeal in the county Court, the Court will give YOU a time-stamped certified copy of the appeal. Send this time-stamped cer- tified Cppy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~I ,'" . , ''''~ . DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS NO. ROGER EUGENE FAILOR, Appellant CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PAl 71 04 Respectfully submitted, Date s(\~(OCJ AB~FFICES Jo a L. Black Legal Assistant 37 East Pomfret St. Carlisle, P A 17013 717/245-2851 .;...." "" , ' ~tilillili_Ir1)tiWl' ~~'l:Ei~~~ ........ lil:d1 '.":~", ~'H ..~....~'- ~~ l~ ~J~l~ .'," ~ C) c.." r~ ~~"' (~:) , I -, "", j , ~:~1 ('; ." " ~,:r , -,< 0 t~o:- [:>2 "', ,"' \D 10 , - ~) ~d -"D ___J , ,-) ---ii c 0 c:.~; c.= 0:' C> no 3; '"--i ''0 :> ~ -< '.,J -< 'i ~ ' , <. !~: F i i;j " DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Appellee v. CIVIL ACTION - LAW ROGER EUGENE FAILOR, Appellant NO. 00-3130 CIVIL TERM ~ i: I, t, ! ORDER OF COURT AND NOW, this 28th day of July, 2000, upon consideration of the attached letter from Gregory B. Abeln, Esq., attorney for Appellant, the hearing previously scheduled for August II, 2000, is rescheduled to October 5, 2000, at 3:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ;f/ 1. George Kabusk, Esq. Assistant Counsel Motor Vehicle and Traffic Safety Sections Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, P A 17104-2516 Attorney for Appellee - ~fY t'Yla\(u:L 7p,/OO .::Ii71 , - Gregory B. Abeln, Esq. 37 East Pomfret Street Carlisle, P A 17013 Attorney for Appellant :rc ~....- '~: - (1/~1 fYl(C!H~L 7/.U/oo ~ ~~~ ~' - ^ , :.s. ABELN LAW OFFICES 37 East Pomfret Street Carlisle, P A Jl7OJL3-33Jl3 Telephone: 717/245-2851 Facsimile: 717/245-9622 E-Mail: AkInLaw@ao\.com Honorable 1. Wesley Oler Cumberland County Courthouse Carlisle, PA 17013 Re: Pendot v. Roger Failor No. 2000-3130 Civil Dear Judge Oler: I would respectfully request a continuance of the hearing that has been scheduled before you on August II, 200 at 1 :30 pm. I have spoken with George Kabusk , Esq. and he has no objection. Ruth has indicated that October 5, 2000 at 3:30 pm is covenient to everyone. Thank you for your consideration. Gregory B. Abeln, Esquire Sincerely, Me cc: George Kabusk, Esq. Roger Failor , ; DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PA, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROGER EUGENE FAILOR, Appellant No. 00-3130 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2000, upon consideration of the Petition for Appeal from License Suspension, and pursuant to a motion made in open court by Appellant's counsel, the Petition for Appeal from License Suspension is deemed withdrawn. By the Court, George Kabusk, Esquire Assistant Counsel Motor Vehicle and Traffic Safety Sections Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For the Appellee t~-(Y]~ }()-J ()-()O RX..3 Gregory B. Abeln, Esquire 37 E. Pomfret Street Carlisle, PA 17013 For the Appellant wcy !;1' cw' ~." OF Of) OCT - Q ::'< lj: 70 'J...,; .,a .... ." ~U' ",~',._,' C ,.. -"'I.",] 'h]TV V l\/djC;"\lJ\i\U 1.;0u\~ i . PENNSYLWN!i\ ,",,, ~' ~?~,,"" '. ,,' ~-::'--~';,," ~ '" ,.~,,,,_,,,,,'C~~,,y~)j.lij ,~~~~~~m~l"ff "--" ~- "!!r,I!'1_