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Home My WebLink About00-00671 ,,- ~, ,l ,J, _,," 'id I I I CHARLES J. SMEIGH VS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION No. 2000- 671 Civil Term J TIK -s - O~ COURT OF COMMON PLEAS DAUPHIN COUNTY Please acknowledge receipt of this case by signing and dating this document. RECORD RECEIVED: ~! "., ;- . -' '~, ,~:!y ~, ') I: 2'-1 ''- " ,-~ ,,~ "',,,, ," ""~ ~..JJJ!Il!i!IllII!ll'I!~.'~;"'_ ~""~'!IIIIl!U!l!lr q '"'"', _~,.,.~I!l'" APR 11. 200WP CHARLES J. SMEIGH, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. 2000-671, CNlL COMMONWEALTH OF PENNSYLV ANlA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL AND NOW, this ~ day of ORDER ~~ ,Of l , 2000, upon consideration ofthe Department's Motion to Transfer Matter to the Court of Common Pleas of Dauphin County Where Proper Venue Lies, this Court grants the Department's motion and it is hereby ORDERED that this matter be TRANSFERRED TO THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY where proper venue lies. It is further ORDERED that that all costs, including transfer costs and filing fees, are to be paid by the petitioner, Charles J. Smeigh, and the petitioner, Charles 1. Smeigh, shall ensure the case is transferred and filed within 60 days of the date of this Order. It is further ORDERED that the Department of Transportation shaH reinstate the suspension of operating privileges, if the appeal has not been filed in accordance with this Order. By the Court: UJ~ DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Dennis R. Sheaffer, Esquire, Tucker, Arensberg & Swartz, III North Front Street, P ';n' BO, x 88 , Harrisburg, P A 17108-0889 ~-/ -~1-i ~Y-JJ-OO ~K3 - I , ~j - , CHARLES J. SMEIGH, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-671, CIVIL COMMONWEALTHOFPENNSYLVANlA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION TO TRANSFER MATTER TO THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY WHERE PROPER VENUE LIES The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. The Department mailed to Charles J. Smeigh a notice dated January 14, 2000, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on December 25, 1999, his driving privilege was being suspended for a period of one year. 2. Mr. Smeigh filed an appeal of the above-mentioned suspension in the Court of Common Pleas of Cumberland County. 3. A hearing in the matter is scheduled for April 17, 2000, at 10:30 a.m. in Courtroom 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The refusal was reported to the Department of Transportation by Officer Raymond R. Lyda who is employed as a police officer for Harrisburg police Department. See Exhibit 1. , , 5. Dauphin County is the location where the arrest for a violation of75 Pa. C.S, ~ 3731 (relating to driving under influence of alcohol or controlled substance) and the violation of Section 1547 of the Vehicle Code occurred. 6. Section 933 of the Judicial Code states that the venue shall be in "the county where the arrest for a violation of75 Pa. C.S. ~ 3731 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa. C.S. ~ 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence". 42 Pa. C.S. 933. 7. The proper venue for this matter is in the Court of Common Pleas of Dauphin County. 8. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 9. The undersigned contacted Dennis R. Sheaffer, attorney for the petitioner of the firm Tucker, Arensberg & Swartz, and Attorney Sheaffer informed the undersigned that James G. Morgan, Jr., Esq., of the same firm, would be handling this matter and Attorney Morgan indicated that has no objection to granting of this motion. WlIEREFORE, the Department respectfully requests that this matter be transferred to the Court of Common Pleas of Dauphin County where proper venue lies. Respectfully submitted, ~... L ~'?! [LoL.{L George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 110 1 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 Date: April 7, 2000 """"'" ~ CHARLES J. SMEIGH, PETITIONER v. COMMONWEALTH OF PENNSYL V ANlA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT ], ,- "j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA 2000-671, CIVIL LICENSE SUSPENSION APPEAL VERIFICATION I verilY that the statements made in the Motion to Transfer Matter are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATE: April 7, 2000 ,11-<1- ~ George H. Kabusk Assistant Counsel Department of Transportation Riverfront Office Center llOl South Front Street Harrisburg, PA 17104-2516 (717)787 -2830 ,'-",. ~ ' ,. ,J _ .-i CHARLES J. SMEIGH, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. 2000-671, CIVIL COMMONWEALTH OF PENNSYLV ANlA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of The Motion To Transfer Matter To The Court Of Common Pleas Of Dauphin County Where Proper Venue Lies upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail: Dennis R. Sheaffer, Esquire Tucker, Arensberg & Swartz III North Front Street P.O. Box 889 Harrisburg, P A 171 08-0889 ,~'~ George H.1:sk Assistant Counsel Department of Transportation Riverfront Office Center 110 1 South Front Street Harrisburg, P A 17104-2516 (717) 787-2830 DATE: April 7, 2000 "" _ _'; , .,,~u.:,. c ~,I -I> fEB .- 1 l~~ . "P\\\ CHARLES 1. SMEIGH; Appellant v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 20-0-0 - t, 7 / ~ -r:.- PENNSYLVANlADEPARTMENT: (CIVIL DIVISION) OF TRANSPORTATION, Appellee ORDER AND NOW, this '7fl, day of February, 2000, upon consideration of the Notice of Appeal, as filed by Appellant, Charles 1. Smeigh, from Pennsylvania Department of Transportation's suspension of his driver's license, it is hereby ORDERED that a hearing be scheduled before the court. Said hearing is scheduled for O~ J ! 7 ' 2000, to begin at 10: 30 &.m. in courtroom I. The license suspension of Charles 1. Smeigh is hereby sta, yed until fiI}al determination of the status of that rpe~ the hearing" to It c. LJC.tc)) r 1t?f 2 s.t~ '1 d. N~Jzt(.cI 15/",/,,1c.. By the Court: r COft~.. Yh'a..l bL ~/9 /06 ~ i:'~ " > J ^ . CHARLES J. SMEIGH, Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: PENNSYLVANIA DEPARTMENT: (CIVIL DIVISION) OF TRANSPORTATION, Appellee NOTICE OF APPEAL AND NOW, comes the Appellant, Charles 1. Smeigh, by and through his counsel, Tucker Arensberg & Swartz, and appeals to the Cumberland County Court of Common Pleas, Pennsylvania, from Pennsylvania Department of Transportation's suspension of his driver's license and hereby avers the following: 1. Charles J. Smeigh is an adult individual residing at 268 Carlisle Avenue, Enola, Cumberland County, Pennsylvania. 2. Charles J. Smeighhas a valid Pennsylvania driver's license no. 15246455. 3. Charles 1. Smeigh received a driver's license suspension notice from the Pennsylvania Department of Transportation notifying him that his driving privilege will be suspended for a period of one (I) year effective January 14, 2000. (A copy of the driver's license suspension notice from the Pennsylvania Department of Transportation is attached hereto, marked "Exhibit A" and incorporated herein). 4. Said suspension was for Charles 1. Smeigh's alleged refusal to submit to a chemical test. Charles 1. Smeigh denies that he refused to take said test. ~~ ".1 d' , ' 5. Charles J. Smeigh contests the legality of said suspension and requests this Honorable Court to review and set aside said suspension. WHEREFORE, Appellant requests that this Honorable Court schedule a hearing on this Appeal from Pennsylvania Department of Transportation's suspension of Charles 1. Smeigh's driver's license and to further stay Charles J. Smeigh's license suspension pending that hearing. Respectfully submitted, TUCKER ARENSBERG & SWARTZ B~e~~ Attorney J.D. #39182 III North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 (717) 234-4121 ATTORNEYS FOR APPELLANT '7 , L./ ~o-o Date: r I ,- ~ ,..... ~- ~..I.lItL. ; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 14, 2000 CHARLES J SMEIGH 268 CARLISLE AVE ENOLA PA 17025 000076114779090 001 01/07/2000 15246455 12/05/1955 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 12/25/1999, 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 product(s), the DL16LC Form, or a letter 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 01/14/2000, 12:01 a.m. ******************************************************************** IWARNING: If you are convicted for driving while your license is I (suspended, the penalties will be: not less than 90 days imprison-I Iment and a 1,000 fine and an additional 1 year suspension. I ******************************************************************** ."'~" , ~' - ," 000076114779090 The above mentioned sanction is in addition to any pre- viously issued sanction(s). 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, JANUARY 14, 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 copy 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, Bax 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 "'-'< -, '-.- "j CERTIFICATE OF SERVICE AND NOW, this ~y of February, 2000, I, Cathleen A. Kohr, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Appellant, hereby certify that I have this day served a Notice of Appeal by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg,PA 17104-2516 ~A.f{L Cathleen A. Kohr 25644.1