HomeMy WebLinkAbout97-06001
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COMMONWEALTH OF PENNSYLVANIA, I
PENNSYLVANIA DEPARTMENT OF I
TRANSPORTATION, I
Plaintiff
IN 'I'HE COUH'r OF C01'll'lON PLEAS OF
CUNBEHLAND COUNTY, PEUNSYLVANIA
v.
CIVIL ACTION - LAW
I
I
I
I
I
NO. 97-6001 CIVIL TERM
JOHN C, BRADY,
Defendant
ORDER OF COURT
AND NOW, this !l.t day of October, 1996, upon consideration of
Defendant's Appeal from Driver's License Suspension, a hearing is
SCHEDULED for Monday, February 23, 1998, at 9100 a.m., in Courtroom
No.5, Cumberland County Courthouse, Carlisle, Pennsylvania.
DEFENDANT is directed to file an amended petition specifying
in what regard the suspension was incorrec~ and illegal wi~hin 20
days of the date of this Order.
BY THE COUR'I',
J
J.
..
George Kabush, Esq.
Assistant Counsel
Motor Vehicle and
Traffic Safety Sections
Office of Chief Counsel
Department of Transportation
3rd Floor, Riverfront Office
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Plaintiff
James M. Bach, Esq.
352 South Sporting Hill Road
Mechanicsburg, PA 17055
Attorney for Defendant
Center
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COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PI.AINTIFP
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
No.
CIVIL TERM 17. t. C><J I
JOliN C. BRADY,
DEFENDANT
illWIill.
AND NOW, on this
dolY of
, 1997, after
considering the within Petition, an Appeal is allowed from the action of the Bureau of
Driver's Licensing, Commonwealth of Pennsylvania, to the Coun of Common Pleas
of Cumberland COUIllY, Pennsylvania, in the matter of the within Suspension of
Operating Privileges,
The proceeding shall act ;\s a supersedeas pending final hearing and decree.
Hearing to be held on the
day of
, 1997, in Coun Room_
of the Court of Common Pleas of CUlllberland County, Pennsylvania, situate in
Carlisle, Pennsylvania, at
a,m.l p.m,
BY THE COURT:
J.
"
..
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COMMONWEALTII OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PLAINTIFF:
: IN HIE COURT OF COMMON PLEAS
or CUMBERLAND COUNTY,
: PENNSYLVANIA
v~,
No,
CIVIL TERM q 1- (.In; I
"
JOliN C. BRADY,
DEFENDANT
AlTl::Au:RQMDIUYfR'S LICENSE SUSPENSION
,
'"
,
To the Ilonor'lhll' the JlIll~es of ~aid Court, the Defendallt herein, by his Allorney,
JAMES M, BACII, ESQUIRE, re~pectfully file~ the within APPEAL:
I. Your Pl,titioner i~ ,In adult individu.11 re~iding at 322 3,d Street, New
Cumberl.II11I, ('A 17070.
2, Your ('l,titioner rel'eived an Official Notice of Suspension of Driving Privileges
on or about October 17, 1997. S,lid Notice is attached hereto and marked as Exhibit "A".
), The Notice indicate~ th"tthe Petitioner was in violation of Section 1547 of the
Driver's Code,
4. Petitioner belien~ tbtthe proposed suspemion is incorrect and without legal
justification,
WHEREFORE, Petitioner pr,lYs that this Ilonorable Court hold a hearing on this
Appeal, and furthermore, let him oper'lIing privileges be retained pending such hearing,
RESPECTFULLY SUBMITTED,
Date:
~ " - :? 'J - ~ 7
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fi..- ES M. BACH, ESQUIRE
1\ orney 1.0. No, 18727
352 S, Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
Allorney for Petitioner
"
VERIEJ.CA'UQN
I, JOHN C. IlRADY, do hl'reby swear and affirm that the facts set forth
in the foregoin~ PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION
are true and con-cCllo the besl of illY knowled~e, information and belief. I understand
that this verificalion is made subject lo the pcn.\ltics of 18 Pa. C.S.A. A4904 relating to
unsworn falsificalion to .\lIthorilil's.
DATE:
/(I':J7- 9,
-
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs,
: No. 97-6001 CIVIL TERM
JOHN C. BRADY,
DEFENDANT
AMENDED APPEAL FROM DRIVER'S UCENSE SUSPENSION
To the Honorable Judges of said Court, the Defendant herein, by his Attorney,
JAMES M, BACH, ESQUIRE, respectfully files the within APPEAL:
1. Your Petitioner is an adult individual residing at 322 3,J Street, New
Cumberland, PA 17070,
2. Your Petitioner received an Official Notice of Suspension of Driving Privileges
on or about October 17, 1997, Said Notice is attached hereto and marked as Exhibit "A",
3, The Notice indicates that the Petitioner was in violation of Section 1547 of the
Driver's Code.
4. Petitioner believes that the proposed suspension is incorrect and without legal
justification BECAUSE THE PETITIONER DID GIVE A BREATHE SAMPLE WHILE
UNDER ARREST.
WHEREFORE, Petitioner prays that this Honorable Court hold a hearing on this
Appeal, and furthermore, let his operating privileges be retained pending such hearing,
RESPECTFULLY SUBMITTED,
Date:
I( - '\-'1
~~
S M. BACH, ESQUIRE
Atto ey LD, No, 18727
352 S, Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
Attorney for Petitioner
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COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
PLAINTIFF
vs.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 97-6001 CIVIL TERM
JOHN C. BRADY,
DEFENDANT
PRAECIPE
Kindly withdraw the Defendant's Appeal from Driver's License Suspension
effective immediately.
RESPECTFULLY SUBMITTED,
Date:
2 - C/-C)cd
/)7} ~
J ES M, BACH, ESQUIRE
At nev to. No. 18727
,
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
Attorney for Petitioner
,>
.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
.
.
v.
I
I
I
I
CIVIL ACTION - LAW
JOHN C. BRADY,
Defendant
NO. 97-6001 CIVIL TERM
AND NOW,
ORDER OF COURT
this (. tl. day of February,
1998, upon consideration
of the attached letter and copy of a praecipe from James M. Bach,
Esq., attorney for Defendant, the hearing previously scheduled in
this matter for February 23, 1998, is CANCELLED.
BY THE COURT,
George Kabusk, Esq.
Assistant Counsel
Office of Chief Counsel
Vehicle & Traffic Law Division
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Plaintiff
_ e~4J~.(, ~JfJlqt.
",."f.
James M. Bach, Esq.
352 South Sporting Hill Road
Mechanicsburg, PA 17055
Attorney for Defendant
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