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HomeMy WebLinkAbout97-02077 \ ~ , .~ ... ~ lit ., q;: i, " )! " " ~ ~ ~ '1 -t -+- - q v i~ t o CJ / I I I I " J t'- ~ <:) :; t'- <3-.. ~ APR 2 4 199!Y IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA Commonwealeh ot Pennsylvania va. /' r.J 97- .:n?? cw.:J ',~ Albort Azarian License Suapension Appeal ORDBR AND NOW, TO WIT, this ~$rJ ~ay or April, 1997, upon consideration of the roz:egoing Appeal From Notice of Drivers License Suspension, a heariug ill h8rel:ly scheduled in Court Room No. 1. ' at Q:,rll A. M. o'clock, on q,d~ .Q..I 1997, CUmDerlan~ couney Court lIouse, Carlisle, PA. ~- (f BY THE COURT, :t-</J/l . IN THE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth of Pennsylvania vs. No. q,- dO'f1 C.A.uDT€rl(11 Albert Azar1an License Suspension Appeal APPEAL FROM NOTICE OF DRIVER LICENSE SUSPENSION And Now, to wit, this J ~ day of April, 1997, comes the Appellant, Albert Azarian, ~files this Appeal from Driver License Suspension representing in support thereof as follows: 1. Appellant is Albert Azarian, who lives at 542 Palm Drive, 0, Glendale California, 91202. 2. Appellant received two citations on 12/18/96, numbered A1626838- 3 and A16216839-4, respectively, which culminated in verdicts of guilty on 2/24/97, at Magistrate Susan Days Office, 09-3-03, from which a timely appeal was taken on March 25, 1997, filed at 97-625- CR, CUmberland County, Clerk of Courts Office. 3. In conjunction with said verdicts Appellant received a Notice of Suspension from which this appeal is taken, and a copy of which is attached her~to as Exhibit A and incorporated by reference herein. 4. To prevent manifest injustice in light of Appellant's plea of Not Guilty and timely summary conviction appeal it is necessary that this appeal be taken as a supersedeas pending the outcome of the Summary Conviction Appeal, which trial date has yet to be set. Wherefore, Appellant, prays you Honorable Court to dismiss the Notice of Suspension such as to sustain his driving privilege and that this Appeal shall operate as a supersedeas to said Notice. ResP~ll.Y submitted, ~#~YH<' / Ted-a,Ai'~~quire , Attorney for Defendant 10 25445 39 South Duke St. York, PA 17401 1-717-846-9438 VERI FICATION I verify that the statements made in this License Suspension appeal are true and correct according to my best information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: // If~~7 ~ /) ....l .' ..~.. ,: -'~ {J,1'/~'''Y/J''- ./ -' ALBERT AZARIAN, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA r r v. No. 97-2077 Civil COMMONWEALTH OF PENNSYL VANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL , ORDER AND NOW, this ,2/4 ,Iwi, I .1997, day of upon representations of George H. Kabusk, Assistant Counsel for the Department of Transportation, that the motorist, Albert Azarian, was found Not Guilty of the underlying charge j . t , of Section 3736 of the Vehicle Code, relating to reckless driving, the appeal in the above- referenced matter is REMANDED to the Department of Transportation to update its records in accordance with that summary disposition and to RESCIND the suspension, which is the subject of this appeal. \ BY THE COURT J. DISTRIBUTION: George Kabusk, Esquire, Pa. DOT, Office ofChiefCou sel, Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, PA 17120-2516. Ted Branin, Esquire, 39 South Duke St., York, PA 17401