HomeMy WebLinkAbout97-02077
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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
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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