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HomeMy WebLinkAbout08-4356SCOTT A. YOHE, ' -~, • ~, COMMONWEALTH OF PENNSYLVANIA, ~ ; `" DEPARTMENT OF TRANSPORTATION, : ~~_= ~-~ BUREAU OF DRIVER LICENSING, ~ -~ -~~ Respondent '` "~- `~~ :~-, ORDER 4n ;" cn AND NOW, this 22"d day of May, 2008, upon consideration of the Department of Transportation, Bureau of Driver Licensing's Motion to Transfer Matter to the Court of Common Pleas of Cumberland County Where Proper Venue Lies, the Court grants the Department's motion and it is hereby ORDERED that this matter be TRANSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND 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, Scott A. Yohe, and the petitioner, Scott A. Yohe, shall ensure the case is transferred and filed within 45 days of the date of this Order. It is further ORDERED that the Department of Transportation shall reinstate the suspension of operating privileges, if the appeal has not been filed in accordance with this Order. Attest: D~ - ~1.3Sb B e Court: ~ J. Distribution: Beverly J. Points, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Kurt A. Blake, Esq., 29 E. Philadelphia Street, York, PA 17401 CERTIFIED from the records of the Court of Common Pleas of York Countyr, Pennsylvania ~, this.34~ ay of A. D. 20~ S o Pamela S. Lee, Prothonotary v. N0.2008-SU-02234-Y08 .~^"' ,J Mme, ,~ *~; kr ~RK COUNTY PROTHONOTARY Page 7 of 1 5/30/2008 2008-SU-00223408 COMM OF PA D O T vs. YOHE SCOTT A Action 05/22/2008 COURT MINUTE SHEET BEFORE JUDGE RENN, 88gg8 1 MYERS 05/22/2008 ORDER DIRECTING CASE BE TRANSFERRED TO 04738 1 CUMBERLAND COUNTY BY THE CT RICHARD K RENN PRESIDENT JUDGE 05/22/2008 NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO ATTY 04089 2 POINTS ON 5-22-08 @11AM FAXED TO ATTY BLAKE ON 5-22-08 @ 10:28AM 05/20/2008 MOTION TO TRANSFER MATTER TO CUMBERLAND 04672 6 COUNTY WHERE PROPER VENUE LIES W/CERT OF SVC 05/08/2008 APPEAL FROM SUSPENSION OF OPERATORS 04283 6 LICENSE= Party Type Parfy Name P COMM OF PA D O T A POINTS, BEVERLY J D YOHE SCOTT A A BLAKE, KURT A Total Number of Pages 16 f • i IN THE COURT OF COMMON PLEAS, YORK COUNTY, PENNSYLVANIA SCOTT A. YOHE, Petitioner v N0.2008-SU-02234-Y08 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent MOTION TO TRANSFER MATTER TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WHERE PROPER VENUE LIES The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing ("BDL") by and through its attorney, Beverly J. Points Esquire, files this Motion to Transfer Matter to the Court of Common Pleas of Cumberland County Where Proper Venue Lies, and in support thereof, respectfully represents as follows: 1. The Department mailed a notice to Petitioner Scott A. Yohe on April 9, 2008, informing him that as a result of his violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal on Mazch 28, 2008, his driving privilege was being suspended for a period of one yeaz, effective May 14, 2008. 2. Mr. Yohe filed an appeal of the above mentioned suspension in the Court of Common Pleas of York County to the above-referenced number. 3. A hearing in the matter has not yet been scheduled. 4. The refusal was reported to the Department of Transportation by Officer Trenton R. Mellott who is employed by the Upper Allen Township Police Department, Mechanicsburg, PA. See Exhibit "A". ~- - ~- ,~. -•~ `- ~*- - cz ~- '~ ' < ~., ~ < ; ~i~ ~-..~ ~ ...gym ~ v ^tY' V ~~ 3 :;~ t +'1 W o ., ~ is ?> • • 5. Cumberland County is the location where the arrest for a violation of 75 Pa. C.S. § 3802 (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. § 3802 (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 Cumberland County. 8. The motorist's operating privilege has been restored pending appeal pursuant to Section 1550 of the Vehicle Code. 9. The undersigned contacted Kurt A. Blake, Esquire, attorney for the petitioner, and Mr. Blake has no objection to granting of this motion. WHEREFORE, the Department of Transportation, Bureau of Driver Licensing respectfully requests that this matter be transferred to the Court of Common Pleas of Cumberland County where proper venue lies. May 16, 2008 Respectfully submitted, everly J. Point squir epartment of Transportation Office of Chief Counsel-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 2 r~ i-tai.-r- .~ tr,a„e., '~ t'tiTtNO WARN1NOt AMD RtrOAT Ot Att'tfttAt iYt1M1T ~ ~1Y~Al 'ntTgtO At A1f'fM0111>riD HY ~M~~E COb# IN YIOlAT1pN tECTtON 2~J ~ THE ~~t ~ ikhrir~ under the Inhuenee of Alcohol or Controlled Substance) Mibbt~ "T"ss ~ue++rr Rr,r,~- -----~..... C U M ~rJyrggw~y w*t~r tryl.iva e. ,Myn r+..r, mr .~ 7_ ~' j ~- Ll 6 Z ~. is r~ t~ .~ ~ : i . F~,•, z.. t18x tDts~ t DATE CF tltMp M tiwurlH DAV rtiAR' crrY ~.~ ~ cooE ~ fir l'iq ! ~3~ t20ClAL a£CUavrv w~~..~~~ t . ~ gtlt You ua under arrest to dtwing under the tnftuenca of alcohol or -_-_~r p. i flip C°"troWSd substance in vidalton of Serftion 38th of the ~ M-la You aubttat to a chemtcat test of 1. h tt ts>y duty w e - -- _...•-._.-...___ lbk+od, breath or urine. 0-gcer ch N weal 12 tnonths~, jjc+ °~~ ro +nform you Mat ,f you refuse to submit ra the chem+ ~s ~ ~c+l teatj, ' M You r+fuM 1 twbmil totthe hamkat testy amfyouare~ar kted af~" ~1 teat, your t~rating i~! 01 tM VMfo-a Code. Waviously sentenced twor ~v~e aril bs suspended for 1 of file Yaldcie ~ ~ Miiame as If tY ut~would dl ~ su plead to violating Section 380? ~ +txtder tM j"• In mlpMntatf of 72 eonaaeutiw hours to btecl to r'~° severe penalties set forth in S(scNjtat(~ ,~, >]tt).t700. (art and a minimum fine of $~00 O~u dto a maxit um of jh~vewears~n~ediA d ate ~ ct-__~ d q Is also m p y 1 maximum tine f aubent to i~at q ~~cf to io rnfwm you that you have rtu right to s b atibtttft t0 dNttHad b P+ak ~h en attorney or anyone else aNeeak with an attorney or anyone else before decidi aanptlatra N yotf art ~ ~ COnsKltute a re-uwl, rasu ~ provided Ihese warn- no whether to ~rk4d of trlotagnp SaeNon 3802(a) o, ~ Yep c1euC~sion o, Your opereti^9 prtvN~ or remarr,irg tilt when aske0 age antl other enhanced criminal ~! ~ ~ uDmj~bpq a ~ ~nA~alot rapardtnq the suepensb" of tlfeir operatin ~+atun a! Oftfcar: jj ~~ 9 privlteQa and gays the t Mw b+ert advlaad of the ebavs -----•----..,._...., Data: ~ 2.ry $~mttun of Qp~tator: ~ ~/~"-"~' r(' ~ ~ly ratussd t0 al((n, attar bain0 advised. "---------..._ Dats: .~ r'- QMr+atttra N fNflear: -__._"' "_ _"'------~.T date: t. The above p~at~ was AFFtDAY1T placed under arrest for dnvNt under the influence of alcohol or e of the Ynhfrk Cede, and Mara wars reasonable g COI ~ tlr~ mDwmtutl of a vet-~te tNhile in violation of Seeron 3802 t Me above operatorCh~ad base ds r~nance in v;olalion of Section 3802 2. The avow oparatC+r 9 W9erattng a in actual i. The abOV! wN reVuett~ to subntH io chemical testing as autttorrred physical oDeratM waa read by a polka officer of Me chemical tact warnin by Section tSa7 of the Vehicle Code 1 Ttte gs contained rn abava "~"~ operator re-used to submit to Chemical tespng Ader Navin paragraph 3 and 4 at~OYe ~ ntttaal to sigh this form is not a refusal to submit fothe chemical testoYou mush stlit giw the o ttt1lNt>0 ~ datt~oi ~ chamJCal teat attar ravlewtnp this form. H the tndivtdusl was oparatinp a commercial rpotor which whit ~ ilvsst in thla faint 1. tr and corrtct. perasor an aatttroNad substance to their system. you must also eompiete the reverse side of this form, t cart OMio~ ~tatura: -----~~-~',~-~- ItY duit au -_~.._. . Name: _.. . _ . _. (rr0~d nM~. .... .... _......... ~ r'Itunbar .2 3' l 9 ... --~-------~.___.._. Jurisdiction - • •- - -._____ - -~.~ Mstilirtt Addnrs_w 1 ~~.._.1F~ l,__~ j Dltv'y ..- ~t•-~. .. r "it~~ /_-__...._..~ ._......~_ -T' i r . ~---.P- ---~0 7 S _ __._. rift 1flslrueAt.: __ iN.EME t.ItT NAMtE, 9ApfiH NUM@ER AND PHONE NUM@ER OF ARRESTING OFFICER IF Np ~ E Af~ f~Fp+~ ~ - --~ -""""-- t:ER WttO WITNESSED FoFwwd to Department of Transportauan 8ureeu of Driver licensing P O Sox tf0037 Ha-rKt>urg. PA 171pfj OG37 rum t<oN~ a~Atr ~~ au~cfc,*T~a STATE /~(~/hC CMEM TEat REQ{tt:a7 DATE Note Any pertinent facts nut covered by the alfrdavil should be aubmrtted on a spperate ShAet and ailarhgd hereto That sheet should include the names nt adddn~nat wrtneStteS necessary to prove MB elements to whr h tetited c you have at AUtlrirUNAI 5uPP{ iE ~ OF t fits FORM MAV 9E SECUREp 8Y COMPt E TiNG rORM OS-5 t to Exhibit "A • • IN THE COURT OF COMMON PLEAS, YORK COUNTY, PENNSYLVANIA SCOTT A. YOHE, Petitioner v N0.2008-SU-02234-Y08 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, . BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 22"~ day of May, 2008, upon consideration of the Department of Transportation, Bureau of Driver Licensing's Motion to Transfer Matter to the Court of Common Pleas of Cumberland County Where Proper Venue Lies, the Court grants the Department's motion and it is hereby ORDERED that this matter be TRANSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND 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, Scott A. Yohe, and the petitioner, Scott A. Yohe, shall ensure the case is transferred and filed within 45 days of the date of this Order. It is further ORDERED that the Department of Transportation shall reinstate the suspension of operating privileges, if the appeal has not been filed in accordance with this Order. By the Court: Attest: Distribution: J. Beverly J. Points, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Kurt A. Blake, Esq., 29 E. Philadelphia Street, York, PA 17401 ., . • IN THE COURT OF COMMON PLEAS, YORK COUNTY, PENNSYLVANIA SCOTT A. YOHE, Petitioner v N0.2008-SU-02234-Y08 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent CERTIFICATE OF SERVICE -. hereby certify that I am on this day serving a copy of the Department of Transportat~, Bureau of Driver Licensing's Motion to Transfer Matter to the Court of Common Pleat Cberl~d County Where Proper Venue Lies upon the person, and in the manner, indicbe~yv, wh satisfies the requirements of the Pennsylvania Rules of Civil Procedure and ac~s~g gnat this Motion will be presented in Motions Court on May 22, 2008 at ~~.~ -~~" ~~, ca By first class letter, postage pre-paid: Kurt A. Blake, Esquire 29 East Philadelphia Street York, PA 17401 -- Beverly J. PoiJFs 're Administrative Counsel-in-Charge Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: May 16, 2008 ~MMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE ~t TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, 3RD FLOOR 1101 SOUTH FRONT STREET • HARRISBURG, PA 17104-2516 TELEPHONE: (717) 787-2830 FACSIMILE: (717) 705-1122 Beverly J. Points Administrative Counsel-in-Charge bpointsna,state.aa.us Prothonotary The Court of Common Pleas of York County York County Courthouse 45 N. George Street York, Pennsylvania 17401 May 16, 2008 Re: Scott A. Yohe v. Department of Transportation, Bureau of Driver Licensing No. 2008-SU-02234-Y08 Dear Prothonotary: Enclosed please find an original and two copies of a Motion to be filed on behalf of Respondent, Department of Transportation, Bureau of Driver Licensing in the above-referenced appeal. The Motion is being presented in Motions Court on Thursday, May 22, 2008 at 9:00 am. Thank you very much for your cooperation. Please feel free to contact me if any questions arise. Enclosures Cc (w/enclosure): Honorable Richard K. Renn, P.J. Kurt A. Blake, Esquire (also by a-mail transmission) BzAxE er GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHlLADELPHlA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WW ll! BlAKEGROSSLAW. COM • • IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA Commonwealth of Pennsylvania, Department of Transportation No. Respondent ~~©~,~U -- 7 ~ ~~.~ vs. ~+ SCOTT A. YORE, .-< ~- Petitioner ~~ ao c-~ -v -~ r:'; ~c NOTICE OF APPEAL ~' ~`= ~„~ -~-+ .. OF DRIVER'S LICENSE SUSPENSION ~; ~ AND NOW, this 8th day of May, 2008, comes the Petitioner, by and through his counsel, Kurt A. Blake, Esquire of Blake & Gross, LLC, and avers the 1. The Respondent is Commonwealth of Pennsylvania, Department of Transportation, with offices at the Third Floor, Riverfront Office Center, Harrisburg, PA 17104. 2. The Petitioner is Scott A. Yohe, 6 Haverford Court, Manchester, PA 17345. 3. By mail dated Apri19, 2008, Petitioner received a Notice of one (1) year drivers license suspension for allegations of a chemical test refusal of the Pennsylvania Vehicle Code on March 28, 2008. A copy of which is attached hereto as Exhibit "A". Page 1 of 4 r.~ -„ rn -„ 0 x a _.~ • • 4. The suspension by the Department has no basis in law or fact and constitutes an abuse of discretion. 5. The Petitioner appeals this suspension to the Court of Common Pleas, pursuant to 75 Pa. C.S. Section 1550, and prays this Honorable Court set this matter down for a Hearing De Novo. 6. Petitioner did submit to and provide the officer with a breath sample. 7. Petitioner avers that proper warnings were not provided and thus any alleged refusal was without the requisite notices of O'Connell and otherwise. WHEREFORE, Petitioner requests that this Honorable Court scheduled a for a hearing on this matter, and following a full hearing on this matter, the suspension of the Petitioner's drivers license. Rctf~Zlly Submitted, B e 8~' Gross, LLC BY: tC A. Blake, Esquire ttorney ID N0.68791 29 East Philadelphia Street York, PA 17401 (717) 848-3078 BLAxE' er Gxoss, L.L.C. ATTORNEYS AND COUNSELLORS AT I.AW 29 EAST PHILADELPH/A STREET YORK, PA 17401 717848.3078 FAx 717.848.2777 W IGW. BLAKEGROSSLAW. COM Page 2 of 4 • • IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA Commonwealth of Pennsylvania, Department of Transportation Respondent vs. SCOTT A. YOHE, Petitioner «` No. c.-- -c c=~ ~ ~ ~~ ~ ~ ~ ~ • ' ~ -v ~, -v ~ ~, ~~ ~ w ~ .~; CERTIFICATE OF SERVICE AND NOW, this the day of May, 2008, the undersigned, does hereby certify that a true and correct copy of the Notice of Appeal of Driver's License Suspension in the above matter was served as follows: .Office of Chief Counsel Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing 'verfront Office Center, Third Floor arrisburQ. PA 17104 ~C" slslm Kurt A. Blake, Esquire ID No 68791 Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 BzAI~ er Gxoss L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PXlLADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717848.2777 WR~W. BLAKEGROSSLAW. COM Page 3 of 4 • ~ • EXHIBIT "A" BzaxE er GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSSLAW. COM Page 4 of 4 • • / t,' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 09, 2008 SCOTT A YORE 6 HAVERFORD CT f1ANCHESTER PA 17345 Dear MR. YOHE: WID • OA09366635326~9 001 PROCESSING DATE 04/02/2008 DRIVER LICENSE # 22335469 DATE OF BIRTH 01/08/1971 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 03/28/2008: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective OS/14/2008 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 05/14/2008. You may surrender these items before. 05/14/2008, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, You may apply for and obtain a photo identification card at any Driver License Center far a cost of 510.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving eny suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must specify in. Your letter why You are unable to return your driver's license. Remember: You may not retain Your. driver's license for identification purposes. Please send these items to: TO'd 6609 8£6 LtL '~NI H~BZ-3IQ Oj~9j 8002-LO-I~VW zo~a ~vsoi • 080936663532669 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg. PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. 1f you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 157I(a)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration .fee to PennDOT to be restored from a suspension/.revocation of your driving privilege. To pay Your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed an the application. 2. Write your driYer's~license number (listed an the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 09, 2008, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified 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 `~~ 1 ` , "~.~ ~' ~ Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 05/14/2008. ZO'd 6609 8E6 LZL '~NI HaB,L-3IQ OZ~9j 8002-LO-I~VW ~. ~ $ -~J w C '[ 1 {_;;' ~~.'r. .:^~ ::~' ~.'T- r. ~,. ~'' C__ 1' _.. .~ r-a C"`~ Ck7 C... tY' ~.~ N ~7 tom.: n I~ T ,~~r i3 ~ `' t~,~-. _.~! ?` _.~