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COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
V.
DAVID P. COOK,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 9 9 - 34 S-3 0-ca>: Q -.z^^
LICENSE SUSPENSION
APPEAL
ORDER OF COURT
AND NOW, this Rln day of?N- 1999, upon consideration of this APPEAL
FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a Hearing on
the matter shall be held on 30k-' day of w4- , 1999, at JL3?? o'clock --p.m. in
Courtroom No. d _ of the Cumberland County Courthouse.
A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that
this honorable court resolves this appeal.
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
V.
DAVID P. COOK,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 9 9. 3 V F3 al'i -.c'- "
LICENSE SUSPENSION
APPEAL
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE
AND NOW comes the Appellant, David P. Cook, by and through his attorney, Jeann6 B.
Wigbels, Esquire, and respectfully avers the following:
I. Appellant resides at 502 East Elmwood Avenue, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Appellant received a Notice dated May 12, 1999, that, as a result of his alleged
violation of Vehicle Code Section 1547, Chemical Test Refusal, his driving privilege
was being suspended for a period of one year, effective suspension date June 16, 1999,
at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A".
3. The Appellant submits that the police officer lacked a reasonable basis to request
Appellant to submit to a chemical test.
4. The Appellant submits that he did not intelligently and voluntarily refuse to submit to a
chemical test.
5. The Appellant submits that he was reading the implied consent form given to him by
the officer and that he was asked to sign the form and that when he stated that he
wanted to read it prior to signing it, the officer took it from him and unreasonably
deemed it a refusal.
6 WHEREFORE, your Appellant respectfully requests your Honorable Court to
schedule an evidentiary hearing on the matter.
1400 North Second Street
Harrisburg, PA 17102
ID# 68735 Tel. (717) 221-0900
/ ATTORNEY FOR APPELLANT
Date:
Respectfully submitted,
Jean ' B. Wigbels, Esquire
WI BELS & WELCH
i
i
ENINMSYLNWEALTH OF PENNSYLVANIA
AMA DEPART?v]FNT
OF TRANSPORTATION,
- BUREAU OF DRIVER LICENSING,
Appellee
IN T"E COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO:
V.
DAVID p. COOK, ' LICENSE SUSPENSION
Appellant APPEAL
ATTORNEY VFRIFICATION
Undersigned counsel, Jeanne B. Wigbels, Esquire,
1. hereby verifies and states that:
She is the attorney for David P. Cook, Appellant.
2. She is authorized to
make this verification on his behalf, 3. The facts set forth in the foregoing Appeal are known to her and not necessarily to her
client;
4• The facts set forth in the foregoing Appeal are true and correct to the best of her
knowledge, information and belief.
5. She is aware that false statements herein are made subject to the
4904, relating to unswo penalties of 18 Pa. C.S.
rn falsification to authorities.
Date:
BY:
JeJ,,1'6 Wigbels, Esquire
W LS S & WELCH
1400 North Second Street
Harrisburg, PA 17102
ID4 68735 Tel. (717) 221.0900
ATTORNEY FOR APPELLANT
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
V.
DAVID P. COOK,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO:
LICENSE SUSPENSION
APPEAL
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, at
Harrisburg, Pennsylvania, through first class certified mail, prepaid and addressed as follows:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONT OFFICE CENTER
HARRISBURG, PA 17104
BY
Jea a B. Wigbels, Esquire
WI BELS & WELCH
1400 North Second Street
Harrisburg, PA 17102
ID# 68735 Tel. (717) 221-0900
ATTORNEY FOR APPELLANT
Date:
E X H I B I T A
1. h1 3 J}l'x,l h?.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
MAY 12, 1999
DAVID P COOK 991256112902612 001
6 BARNETT DRIVE 05/05/1999
22645653
DUNCANNON PA 17020 02/27/1972
Dear Motorist:
As a result of your violation of Section 1547 of the
Vehicle Code, CHEMICAL TEST REFUSAL on 05/02/1999, 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 pro;eeution 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.
•m
The effective date of suspension is 06i16i1999, 12:01 a.m.
^,r4 TTT
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*e+?*ee*?**?*e#+t*#*#*?*?**?#*?e***?*a#*#*?#?e?eea?*?*a#?***#**?*ee*e*
(WARNING: If you are convicted for driving while your license is I
Isuspended, the penalties will be: not less than 90 days imprison-1
Iment and a 1,000 fine and an additional 1 year suspension. I
#3f 1E#3E 3E 3E if 3f 3E 3f 3E 3E#3f##*#*****iE#3f iE 3f 3f#dE**3E lf ?F#3f if*#%3E iE 3E if*if#**If #3E 3E iE##3E 3E 3E 3f 3E 3f 3E##
S
991256112902612
ease see the enclosed aPPlication for restoration fee in-
Pflormation.
ht to appeal "this action to the Court of
APPS 30 days of the mail
the rig ion) within
You have al
et ter, MAY 12, 1999. If Y ou file an aPPe
Common Pleas (Civil Divis ive you a time-stamped
date of this ocurt, the Court will 9 time-stamped cer-
Send this
in the County cf the.aPpeal.
certified Coop the aPPeal by certified mail to: 1
tified coPY DEPARTMENT OF TRANSPORTATION
PENNSYLQFNCHIEF COUNSEL CENTER
OFFICE RIYERFRONT OFFZCE
THIRD FLOOR,PA 17104-2516
HARRISBURG,
Sincerely, `k I
:z
Rebecca L. SickleY, Director
Driver Licensing
Bureau of
INFORMATION (7:00 AM TO 9:00 PM1
1-800-932-4600
16LC/TO: IN STATE 717-391-6190
SEND FEE/LICofNS?EaDSPOrtation OUT-OF-STATE 1_g00-225-0676
Department Licensing TOO IN STATE 717-391-6191
P.O. Sox PA
Bureau of Driver TOO OUT-OF-STATE
17106-8693
Ha
fy.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID P. COOK
99-3483 CIVIL
ORDER OF COURT
AND NOW, this 22nd day of July, 1999, a Rule is entered against David P. Cook
to show cause why the within case should not be transferred to the Court of Common
Pleas of Dauphin County. Rule returnable ten (10) days after service. Any answer filed
shall be forwarded by the Prothonotary to chambers.
By the Court, I
George H. Kabusk, Esquire
For the Department of Transportation
Jeanne B. Wigbels, Esquire
For David P. Cook
:sea
JUL 2 2 1994
DAVID P. COOK, IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
V. 99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING, _
RESPONDENT
ORDER
AND NOW, this day of
i999,upon
consideration of the Departments' 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, cost to be paid by the petitioner.
BY THE COURT
J.
DISTRIBUTION:
George H. Kabusk, Esquire, PennDOT, Office of Chief Counse!, Riverfront Office Center-3rd
Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
Jeanne B. Wigbels, Esquire, Wigbels & Welch, 1400 North Second Street, Harrisburg, PA 17102
DAVID P. COOK, IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
V.
99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
RESPONDENT
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 David P. Cook, O.L.N. 22645653, a notice dated May 12,
1999, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating
to Chemical Test Refusal, on May 2, 1999, his driving privilege was being suspended for a
period of one year.
2. Mr. Cook 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 August 30, 1999, at 1:30 p.m. in Courtroom 2,
Cumberland County Courthouse, Carlisle, PA.
4. Officer Jeffery D. Marsh who is employed as a police officer for Harrisburg City
Police Department reported the refusal to the Department of Transportation. See Exhibit 1.
5. Dauphin County is the location where the arrest for a violation of 75 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 of 75 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 counsel contacted Jeanne B. Wigbels, Esquire, attorney for the
petitioner, and Attorney Wigbels indicated she has no objection to the granting of the
Department's Motion to Transfer Matter to the Court of Common Pleas of Dauphin County
Where Proper Venue Lies.
WHEREFORE, the Department respectfully requests that this matter be transferred to the
Court of Common Pleas of Dauphin County where proper venue lies.
Respectfully submitted,
tUkA4AC
George . Kabusk, Esquire
Assistant Counsel
I
I}
IOffice of Chief Counsel
Riverfront Office Center-3rd Floor
1 I01 South Front Street.
Harrisburg, PA 17104-2516 i
(717) 787-2830 `
Date: July 21, 1999
DAVID P. COOK, IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
V. 99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
RESPONDENT
VERIFICATION
I verify that the statements made in the Motion To Transfer Matter To The Court Of
Common Pleas Of Dauphin County Where Proper Venue Lies are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unworn falsification to authorities.
George . Kabusk
Assistant Counsel
Department of Transportation
Riverliont Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: July 21, 1999
DAVID P. COOK, IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
V. 99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
RESPONDENT
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 letter, postage prepaid:
Jeanne B. Wigbels, Esquire
Wigbels & Welch
1400 North Second Street
Harrisburg, PA 17102
i , , G4,
George . Kabusk
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: July 21, 1999
AUG 2 7 19990
DAVID P. COOK, IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
V. 99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
RESPONDENT
ORDER
AND NOW, this 'Z'l day of vq-V"4- , 1999, upon motion
by the Department of Transportation, the Rule to Show Cause entered by this Court on July 22,
1999, is made absolute and it is hereby ORDERED that the appeal filed in the above referenced
matter be TRANSFERRED TO THE COURT OF COMMON PLEAS OF DAUPHIN
COUNTY, where proper venue lies. Cost to be paid by the petitioner
VA-- 3 !a 1 nc)" t
.4 C Lvt?S-'-
DISTRIBUTION:
George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd 'Wa4ewle
Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
Jeanne B. Wigbels, Esquire, Wigbels & Welch, 1400 North Second Street, Harrisburg, PA 17102
AVAI
BY THE COURT
DAVID P. COOK, IN THE COURT OF CO
PETITIONER CUMBERLAND COUNTYY,, ON PLEAS
PENNSYLVANIA
V. 99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, : LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
RESPONDENT
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk,
Esquire, respectfully requests that the Rule to Show Cause entered on July 22, 1999, in the above
referenced matter be made absolute and that the above referenced matter be transferred to the
Court of Common Pleas of Dauphin County, as follows:
1. The above referenced matter is an appeal of a one-year suspension imposed by the
Department based upon a refusal to take a chemical test. The driving under the influence
violation occurred in Dauphin County.
2. Pursuant to Section 933 of the Judicial Code, the proper venue for this matter is the
Court of Common Pleas of Dauphin County.
3. The Department filed a Motion to Transfer this matter on July 21, 1999.
4. On July 22, 1999, a Rule to Show Cause was entered by this Court to show why this
matter should not be transferred to the Court of Common Pleas of Dauphin County. The Rule
was returnable ten days after service.
5. As of this day, no answer to the Rule has been filed.
6. The undersigned counsel contacted Jeanne B. Wigbels, Esquire, counsel for the petitioner,
prior to the filing of the original Motion to Transfer and Attorney Wigbels indicated that she had
no objection to granting of the Department's Motion to Transfer the appeal to the Court of
Common Pleas of Dauphin County.
WHEREFORE, the Department respectfully requests that the Rule to Show Cause
entered on July 22, 1999, be made absolute and that this Court direct that the appeal be
transferred to the Court of Common Pleas of Dauphin County where proper venue lies.
Respectfully submitted,
George H. Kabusk, Esquire
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center-3rd Floor
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
Date: August 27, 1999
1.1
DAVID P. COOK, IN THE COURT OF COMMON PLEAS
PETITIONER CUMBERLAND COUNTY,
PENNSYLVANIA
V. 99-3483
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
RESPONDENT -
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Motion to Make Rule Absolute
upon the person, and in the manner, indicated below, which satisfies the requirements of the
Pennsylvania Rules of Civil Procedure:
By first class letter, postage prepaid:
Jeanne B. Wigbels, Esquire
Wigbels & Welch
1400 North Second Street
Harrisburg, PA 17102
t
George H Kabusk
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: August 27, 1999
DAVID P. COOK
VS.
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COK-40N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION, No. 99-3483 Civil Term
BUREAU OF DRIVER LICENSING
COURT OF COMMON PLEAS OF
DAUPHIN COUNTY
Please acknowledge receipt of this case by signing and dating this docunent.
RECORD RECEIVED:
Date
(signature & le
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