HomeMy WebLinkAbout02-0728 COURT
DAUPHIN
Printed by: IMR Limiled - Form 397 E00016112
OF COMMON PLEAS
COUNTY CIVIL ACTION
SUITS 2001 7Co. o v-- -Tv ?
20m-s ol',t o I
Date of Entry ~- '{i O~, _.-~,CRD I
Writ of Execution Issued:
Appearance For:
Defendant:
V~
Entry By Summons (
Complaint (
Petition (
Appeal
Custody
Assumpsit
Divome
Mortgage Foreclosure
Change of Name
Ejectment )
Quiet Title )
Appt. of Viewers )
Replevin (', )
Declaration of Taking (
Forma Pauperis ( )
Mental Health ( )
Protective Order ( )
District Justice (
July 12, 2001- upon consideration of the within Petition, it is hereby ORDERED and DECREED that
a hearing on this matter be held on the 22 day of August, 2001, in Courtroom No. 2 at 8:00
o'clock a.m., in the Dauphin County Courthouse. A Stay of Petitioner's License Suspension is
hereby issued pending the disposition of the Appeal. /s/ Scott A. Evans, Judge. See Order
Filed.
Dist. 7/12/01.
August 22~ 2001- Upon due consideration of the Department of Transportation~ Bureau
of Driver Licensing's Motion To Transfer Venue of the above-captioned License Sus-
pension Appeal, pursuant to 42 Pa.C.S.§933(1)(ii), it is hereby ORDERED AND DECREED
that venue in this matter be transferred to the Court of Common Pleas of,Cumberland
County for a hearing de novo. /s/ Scott A. Evans, Judge. See ORDER filed. Copie_s_
D%st. by Court 8-22-01.
August 22, 2001- The Commonwealth's motion for change of venue to Cumberland County and join_e_d b__y _
the licensee is hereby granted. /s/ Scott A. Evans, Judge. See ORD~IR filed..--CoDies Dist. 8-23-01_
I hor~hv e~.rt~[V *hat '~T:, foregoing is a
t?!i~-~d c~,i'i'~,~{ co~: ~t tile orioh~al
~roth'onotar'/
Date/Amount Date/Amount
--i~ ~ Adm. Fee - Divorce
Filing Fee ,T'C.O ~ taro
~ ~ ~ Adm. Fee - Custody
Atty. Appearance
SheriWs Costs App't. of Master
Discontinuance Cash Bond
Praecipe for Argt. Cert. of Readiness
Rule of Reference Escrow Funds
Date: 11/21/2001
Time: 11:23 AM
Page 1 of 1
Date
Dauphin County
ROA Report
Case: 2401-CV-2001-CV
Current Judge: No Judge
Commonwealth of PA DOT vs. John Deitrich
Civil
Judge
U, ser: LGARCIA
5/23/2001
11/21/2001
New Civil Case Filed This Date.
the above action transfer to Court of Common Pleas of Cumberland
County.
See Docket Book for prior entries.
No Judge
No Judge
No Judge
true ~nd cora,,ct
filed. ~x ,
COURT
OF
COMMON
PLEAS
]: i I'[TIONER : OF THE 12'fit JUDICIAL DISTRICT,
:
..
v. : No. 2401-S-2001
COMMONWEALq'[- OF PENNSYLVANIA,:
DEPARTMENT OF' 'RANSPORTATION, :
BUREAU OF DRIYt R LICENSING, :
RESPONDENT :
DAUPHIN COUNTY, PENNSYLVANIA
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, ti is .. ~ day of ,2001, upon due consideration of
the Deparunent ofT'~ gsportation, Bureau of Driver Licensing's Motion To Transfer Venue of
the above-captioned t cerise Suspension Appeal, pursuant'to 42 Pa.C.S. §933 (1)(ii), it is hereby
ORDERED AND D :', :REED that venue in this matter be transferred to the Court of Coml{~0n
Pleas ofCumberlano { 'ounty for a hearing de nero. -~: :
Scott A. Evans, Judge
ATTEST:
Copies to:
Kenneth F. Lewis, E::q, 1101 North Front Street, Harrisburg, Pennsylvania 17102
Elaine N. Blass, Esq.. 1 .epafimem of Transportation, Office of Chief Counsel, 1101 S. Front Streeh
Harrisburg, PA 171(,~. >.516
true and correct co~?r,~f taa orJ~,3al
filed. /I ·
JOHN DIET,CH,
PETITIONER
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
OF THE 12TM JUDICIAL DISTRICT,
DAUPHIN COUNTY, pENNSYLVANIA
No. 2401-S-2001
LICENSE SUSPENSION APPEAL
MOTION TO TRANSFER VENUE
The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver
Licensing (Bureau), by and through its attorney, Elaine Blass, Esquire, respectfully requests that
this Honorable Court transfer, in accordance with 42 Pa.C.S. §933 (1)(ii), the venue of
Petitioner's appeal of the Department's order that suspended his operating privilege, pursuant to
75 Pa.C.S. §1547, to the Court of Cou~ of Common Pleas of Cumberland County. Counsel for
the Petitioner does not oppose said Motion. The Bureau represents as follows:
1. By an official notice, dated and mailed April 27, 2001, the Depmtment of
Transportation notified John Dietrich, O.L.N., 13077172, that as a result of his
violation of Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on
April 9, 2001, his operating privilege was being suspended for a period of one year, as
mandated by Section 1547(b) of the Vehicle Code.
2. Petitioner timely filed a Petition For Appeal on May 23, 2001, from the Bureau's
order suspendin~g his operating privilege at Docket Number 2401 S. 2001.
3. In his Petition, Petitioner indicated his address as 3603 Bonney Brook Road.
4. A de novo hearing on Petitioner's appeal has been scheduled by the Court on August
22, 2001, by an Order of this Court dated July 12, 2001.
5. Officer Scott Comelious reported to the Department of Transportation on the Form
DL-26, which was dated April 9, 2001, that Petitioner refused to submit to chemical
breath testing.
6. Officer Comelious was employed as a police office by the Camp Hill Borough Police
Department of Cumberland County on April 9, 2001 and is currently so employed.
7. Cumberland County is the location where the arrest of Petitioner for a violation of 75
Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled
substance), where the request to Petitioner for chemical breath testing, and the
violation of Section 1547 of the Vehicle Code occurred.
8. Officer Comelious transported Petitioner to the Carlisle Booking Center in
Cumberland County for chemical testing.
9. The Bureau respectfully requests that this matter be transferred to the Court of
Common Pleas of Cumberland County where proper venue lies.
10. 42 Pa.C.S. §933 (1)(ii) provides that in appeals arising under 75 Pa.C.S. §1550 that
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.
11. The Bureau contends that the Petitioner will not be prejudiced by a transfer of this
matter to the Court of Common Pleas of Cumberland County.
12. Counsel for the Petitioner does not object to the matter being transferred to the Court
of Common Pleas of Cumberland County.
WHEREFORE, the Department respectfully requests that its Motion to Transfer Venue of
Petitioner's license suspension appeal to the Court of Common Pleas of Cumberland County be
granted.
Date: August 10, 2000
Respectfully submitted,
Elaine Blass, Esquire
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
9
JOHN DIETRICH,
PETITIONER
Vo
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
RESPONDENT :
IN THE COURT OF COMMON PLEAS
OF THE 12TM JUDICIAL DISTRICT,
DAUPHIN COUNTY, PENNSYLVANIA
No. 2401-S-2001
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I hereby certify that I am on this day serving a copy of the Motion To Transfer Venue
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 pre-paid
Kenneth F. Lewis, Esquire
1101 North Front Street
Harrisburg, PA 17102
Elaine Blass
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA. 17104-2516
(717) 787-2830
DATE: August 10, 2000
COMMONWEALTH OF PENNSYLVANIA
JOHN DEITRICH,
Petitioner
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
Dqol 3
AND NOW, this }~k
consideration of the within Petition,
ORDER OF COURT
day of~2001, upon
it is hereby ORDERED and
DECREED that a hearing on this matter be held on the ~ day of
~,%cA,J+ , 2001, in Courtroom No. ~ at~.'O~ o'clock
~-.~ -in the Dauphin County Courthouse.
A Stay of Petitioner's License Suspension is hereby
issued pending the disposition of the Appeal.
BY THE COu~T=
Distribution:
Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102~.~
PennDOT, office of Chief Counsel, Third Floor,
Riverfront Office Center, Harrisburg, PA 17104
COMMONWEALTH OF PENNSYLVANIA
Ve
JOHN DEITRICH,
Petitioner
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
:
~PPF,~.L OF LICENSE ~USPEN~ON
TO: THE HONORABLE JUDGES OF SAID COURT:
Petitioner, John Deitrich, by his attorney, Kenneth F. Lewis,
petitions this Honorable Court to appeal the suspension of his
driver's license and in support thereof offers the following:
Petitioner John Deitrich resides at 3603 ~
Bonney Brook Road.
By letter dated April 27, 2001, PennDO~
notified Petitioner his license was to e~
suspended for violating S1547 of the Vehicle~ii
Code, Chemical Test Refusal (copy of notice
attached hereto).
Petitioner's suspension is scheduled by
PennDOT to begin June 1, 2001.
4. Petitioner is permitted to appeal the
suspension of his license to the Court of
Common Pleas.
WHEREFORE, Petitioner respectfully requests the Court to
schedule a hearing on the subject suspension and to issue a stay of
the suspension pending such hearing.
Respectfully submitted,
DATED: 5/21/01 ~ ~'
KE~NET~ F. LEWIS, ESQ.
I.D. #69383
1101 N. Front St.
Harrisburg, PA 17102
(717) 234-3136
VERIFIC&TIO__ N
I hereby verify that the statements made in the foregoing
document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: 5/~/6/ ~~/~~/~
~E~ICH
~153 d STRASBURG RD
Dear Hotorist~ '
............. ~S-'"-~'P'~l~' ~f _~G6~_~t.o~m~.S~n- oi ~6~t'i~-TB~7 oe tho
vehicle Code, C~E~CAL TEST REFUSAL on 0~/09/2001, your
YEARtS).
r.t n .,y c rr.-t i. ,our
tO SUbmit' · ULAO~ .v. your arzvz~M ~-'
you srm ewmre of tho sanction aomiflst
legm. Fiilure to comOlY with this notice shell
Police for prommcution undee SKCTIQH I~TXCII(G) of the Ve-
hicle Code.
under Su!spension even if you do not surrender your license,
letter acknowledging your
DL1ALC Form, ur · ........
product(s),
........... m*--&~-',~,~'~..~'~''''?~''
EPARTHENT RECEIVES yOUR LICENSE OR ACiMOMLE~;E-
HHEN THE D ~ IF YOU DO NOT RECEIVE THIS
NEHT, ~E ~ILL SEND YOU A RECEIP ·
RECEIPT:~ITHIN lB ~AYS CONTACT THE DEPARTMENT IMMEDIATELY.
OTHERWISE, YOU ~ILL NOT ~E SIV£N CREDIT TOHARD eER¥IHG THIS
SANCTION.
I ~ARNINS~ If you arm convicted for driving whtle yuur I
| of 90 dams imPrisoneent AND m Il,e00 fine AND your
~a auspendod for I year.
:#.#.##.,,,::C.fl''
%
P/ease see the enclosed a~pl~cot~un for ~sstoretton fee ~n=
formation.
You have the right tn appeal %his action to the Court of
certified oo#y o~ the tp~eiX. In order for your appeB~ to
b* valid, you ~ust se~d this ~]me-stemoad cart/fled coDY =f
the aPPia1 by certified mail to:
Off,ca of Chief Counsel
~h~rd Floor, Rlverfront Office Cintir
Harrtsburg~ PA ]?1B~-251{
SEHD FEE/LZCEHSE/DL-t&LC/TO~
)grllU Of DrSvar Llconstna
P.O. ~ox 68&95
I1errtSburg, PA 17106--~693
SincerelY,
Rebecce L, BlckleY, D~rector
~ureau of Driver L~cens~n9
ZNFORHAT~ON ¢7:00 AH TO 9~OOP#)
IN STATE 1--800-952-~&00
OUT-OF-STATE 717-$91-6190 '
TOD ZH S~A~E 1-800-ZZO-O67&
TOD OUT-OF-SlATE
000-00 230T7~720121~?
PAY Tiffs AMOUNT
~130TT1TZlOOOZSO0
DO NOT SEHD CASH
DE ITR ! C~U R D
JOHN DEITRICH,
Appellant
VS
COMMONWEALTH OF PA
DEPT. OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES,
Appellee
IN THE COURT OF COMMON PLEAS
OF
DAUPHIN COUNTY, PENNSYLVANIA
:
: LICENSE SUSPENSION APPEAL
:
: NO. 2401 S 2001
ORDER
AND NOW, this 22nd day of August, 200i, the~
Commonwealth's motion for change of venue to Cumberland
County and joined by the licensee is hereby granted~F ---
BY THE COURT:
SCOTT A. EVANS, J.
Distribution:
Kenneth F. Lewis, Esq., ilO1N. Front St., Hbg. PA i7i02
PennDOT~ Office of C~ief Counsel, Third Floor, ~iverfront
Office Center, Hbg., PA 17i04
JOHN DIETRICH,
PETITIONER
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2002-0728
LICENSE SUSPENSION APPEAL
MOTION TO SCHEDULE MATTER FOR HEARING
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. By official notice dated April 27, 2001, the Department of Transportation, Bureau of
Driver Licensing, notified John Deitrich, O.L.N. 13077172, that as a result of his violation of
Section 1547 of the Vehicle Code, relating to Chemical Test Refusal, on April 9, 2001, his
driving privilege was being suspended for a period of one year. See exhibit number 1.
2. The refusal was reported to the Department of Transportation by Officer Warren Scott
Comelious who is employed as a police officer by Camp Hill Police Department. See Exhibit 2.
3. Cumberland 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.
4. The petitioner filed an appeal of the above-mentioned suspension on or about May 23,
2001 in the Court of Common Pleas of Dauphin County. See Exhibit 3.
5. The matter was transferred from the Court of Common Pleas of Dauphin County to
the Court of Common Pleas of Cumberland which is proper venue for this matter pursuant
Section 933 of the Judicial Code which 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. See Exhibit 4 & 5.
6. This matter has not been scheduled for hearing.
WHEREFORE, the Department respectfully requests that its Motion to Schedule Matter
for Hearing be granted and that the aforesaid appeal be scheduled for hearing.
Date: March 13, 2002
Respectfully submitted,
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center-3rd Floor
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
JOHN DIETRICH,
PETITIONER
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2002-0728
LICENSE SUSPENSION APPEAL
VERIFICATION
I verify that the statements made in the Motion to Schedule Matter for Hearing 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: March 13, 2002
George H. l~abu~k
Assistant Counsel
Department of Transportation
Riveffxont Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
JOHN DIETRICH,
PETITIONER
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2002-0728
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Motion to Schedule Matter for
Hearing upon the person, and in the manner, indicated below, which satisfies the requirements of
the Pennsylvania Rules of Civil Procedure:
By first class mail, prepaid, addressed to:
Kenneth F. Lewis, Esquire
1101 North Front Street
Harrisburg, PA 17102
Date: March 13, 2002
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
CONNON#EALTH OF PENNSYLVANZA
DEPARTNENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA i7)25
APRZL 27, 200)
dOHN O[ZTRZCH
$153 U STRASBURG
M£~T CN£~T£R PA ~3~
Dear
As a result of your vloZmtton of Section )S47 of the
Vehicle Code, CHEH~CAL TEST REFUSAL off 04/O~/OGOZ, your
driving prtvi~ego is being SUSPENDED for · ~or~od of )
YEAR(S).
Zn order to comply with this oaflotion YOU ore roGuirod to
return any current driver's Zlcanoa, Zaorflor~o YormJt and/or
temporary driver's ~tcanoa (camera card) Iff your poooaaalon
no later than the effective dote ZJated. Zf you cannot
comply with the requirements Jilted above, you are required
to submit a OLd&LC Peri or I sworn Iffidlvit otlt~nR that
you are aware of the sanction agatnot your
lege. Failure to comply with this notice oha%~ rapuZt in
this Bureau referring this matter to the Pennsylvania State
Police for prosecution under SECTZON )$71(a)(~) of the Ve-
hicle Code.
A%though the law mandates that Your driving prtv%%aee ~o
under suloinoton oven if YOU do not lUrrofldor your license,
Credit wt~! not begin unit! a~! current driver's Zicenso
oroductts), the DLI&LC Forl, or a letter acknowledging your
sanction is received tn this Bureau.
HHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNO#LEDGE-
HENT, HE HILL SEND YOU A RECE;PT. ZF YOU DO NOT RECEIVE THiS
RECEIPT H~TH)N 15 DAYS CONTACT THE DEPARTNENT ~NRED~ATELY.
OTHERH~SE, YOU ~LL NOT BE G~VEN CREDIT TOWARD SER¥~NG TH~S
SAN'~TZON.
The effective date of lUlpenl~on il 06/01/2001, la:Ol a.m.
~ARNING: If you are convicted for driving while your
l~cense is suspended, the Penalties will bet a HZNZHU#
Of 90 days ImPrisonment AND a tl,O00 fine AND Your
license will be susoended for I year.
OlllO&l1735283~ ....
Please see the enclosed aPPlication for restoration faa in-
formation.
APPEAL
You have tho rlQht to appa&l this action to the Court of
Common Pleas CClvil DlvisAon) wlthln $0 days of the mail
date, APRIL 27, 20D1, of this latter. Z~ YOU ftle en appel1
in the County Court, the Court w111 ptvo you · t~ll-it·llPld
ClPt~f~ed COPy O~ the ePP··I, in order for your appeal to
bi valid, you must send this time-stamPed certified copy of
the appeal by certified mill tgi
PennsYlvania DePartBeflt of TransPortation
Office of Chief Counse!
Third Floor, Rivarf'ont Office Canter
Harrisburg, PA 17104-251&
Sinceral¥~
Rebecca L. Blckley, Dtractor
Bureau of Driver Licensing
SEND FEE/LZCENSE/DL-I&LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
]NFORNATZON (7~00 AN TO 9:00 PN)
ZN STATE 1-800-932-q600
OUT-OF-STATE 717-391-6190
TDD [N STATE l*800-228-O&7&
TDD OUT-OF-STATE 717-391-&19!
~T~--'~~ im-t~di~ m~wmm, m m momimm m mm -- .
Au~'~?-~O01 15:IZ Fro~- ?-$55 ' PDD4/O~4 F-6D4
JOHN DIETRICH,
]:E rITIONER
IN THE COURT OF COMMON PLEAS
OF THE 12TM JUDICIAL DISTRICT,
DAUPHIN COUNTY, PENNSYLVANIA
COMMONWEAL'T[' OF PENFNSYLVANIA,
DEPARTMENT O)!" 'RANSPORTATION,
BUREAU OF DRP. t [~ LICENSING,
RESPONDENT
No. 2401-S-2001
LICENSE SUSPENSION APPEAL
ORDER
the Deparunent of T 'e ~sportation, Bureau of Driver Licensing's Motion To Transfer Venue of
the above-captioned L can~ Suspansion Appeal, pursuant to 42 Pa.C.S. §933 (1)(ii), it is hereby
ORDERED AND D ~, :REED that venue in this matter be transferred to the Court of Common
Picas ofCumberlam~ { 'ounty for a hearing de novo.
Scott A. Evans, Judge
ATTEST:
Copies to:
Kerm~th F. Lewis, E:.q, 1 I01 North Front Street, Harrisburg, Pennsylvania 17102
ElaineN. Blass, Esq. I .epartment of Transportation, Office of Chief Counsel, 1101 S. Front S~xeet,
Harrisburg, PA 171C, t
I hereby certify thc:t
true and correct
flied. .
JOHN DEITRICH,
Appellant
VS
COMMONWEALTH OF PA
DEPT. OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES,
Appellee
IN THE COURT OF COMMON PLEAS
OF
DAUPHIN COUNTY, PENNSYLVANIA
:
: LICENSE SUSPENSION APPEAL
:
: NO. 2401 S 2001
ORDER
AND NON, this 22nd day Of AUgust, 2001, the
Comaonwealth's aotion for change of venUe to Cuaberland
County and joined by the licensee ts hereby granted.
Distribution'.
~enneth F. L~wis, ESR., 1101 N. FrontSt., Hbg.z. PA 17102
ennDOT, Office of CHtef Counsel,~Tht~d Floor, R~verfront
Office Center, Hbg., PA 17104x
COMMONWEALTH OF PENNSYLVANIA
JOHN DEITRICH,
Petitioner :
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO.
~PP~A~ OF ~I~SN~B SUSPENSION
TO: THE HONORABLE JUDGES OF SAID COURT:
Petitioner, John Deitrich, by his attorney, Kenneth F. Lewis,
petitions this Honorable Court to appeal the euspeneion of
driver's license and in support thereof offers the following:
1. Petitioner John Deitrich resides at 3603
Bonney Brook Road.
2. By letter dated April 27, 2001, PennDO~
notified Petitioner his license was to b~
suspended for violating S1547 of the VehiclT?
Code, Chemical Test Refusal (copy of notiGe
attached hereto).
3. Petitioner's suspension is scheduled
PennDOT to begin June 1, 2001.
Petitioner is permitted to appeal the
suspension of his license to the Court of
Common Pleas.
WHEREFORE, Petitioner respectfully requests the Court to
schedule a hearing on the subject suspension and to issue a stay of
the suspension pending such hearing.
DATED: 5/21/01
Respectfully submitted,
LEWIS, ESQ.
KE~NET~F."
I.D. #69383
1101 N. Front St.
Harrisburg, PA 17102
(717) 234-3136
I hereby verify that the statements made in the foregoing
document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to uneworn falBification to authorities.
COMMONWEALTH OF PENNSYLVANIA
V.
JOHN DEITRICH,
Petitioner
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 9c/01 5 a3/
ORDER OF COURT
AND NOW, this I~ day of~2001, upon
consideration of the within Petition, it is hereby ORDERED and
-DECREED that a hearing on this matter be held on the ~_~ day of
at~.'O~ o'clock
~cA~ , 200~, in Courtroom No. ~
~., in the Dauphzn County Courthouse.
A Sta~ of Petitioner,s License
Suspension
issued pending the disposition of the Appeal.
is hereby
BY THE COURT:
Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg.,
PennDOT, Office of Chief Counsel, Third Floor,
Riverfront Office Center, Harrisburg,
PA 17102
PA 17104
1 & 2002
JOHN DIETRICH,
PETITIONER
V.
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2002-0728
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this Iff~ day of ~ _, 2002, upon
consideration of the Department's Motion to Schedule Matter for Hearing, it is hereby
ORDERED that a hearing be held on the o~066 _ day of ~ _, 2002., at
/~3o o'clock ~_.m. in Courtroom No. _ &_, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THECOURT
eoTRIBUTION:
rge H. Kabusk, Esquire, PennDOT, Riverfi'ont Office Center-3rd Floor, 1101 South Front
Lewis, Esquire, 1101 North Front Street, Harrisburg, PA 17102
"~NVA~SNN~
JOHN DIETRICH, :
Petitioner :
:
v. :
:
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-0728
LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this ~ day of May, 2002, upon
consideration of the within Motion, it is hereby ORDERED and
DECREED that the May 20, 2002 hearing is continued until the
day of ~,,~ , 2002, in Courtroom No. 2 at
o'clock p .m., in the Cumberland County Courthouse, Carlisle,
Pennsylvania.
EDGAR
Je
Distribution:
Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102
George H. Kabusk, Esq., PennDOT, Riverfront Office Center,
Third Floor, 1101 South Front Street, Hbg, PA 17104-2516
JOHN DIETRICH,
Petitioner
We
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-0728
LICENSE SUSPENSION APPEAL
MOTION FOR CONTINUANCE
The Petitioner, by his attorney, Kenneth F. Lewis, files
this Motion for Continuance, averring as follows:
1. The above matter is scheduled for hearing on May 20,
2002 at 1:30 p.m. before the Honorable Edgar B. Bayley.
2. Petitioner's counsel learned on May 1, 2002 that he
was needed to take his mother to Pittsburgh that day to assist with
a medical matter.
3. The Respondent, by its counsel, George H. Kabusk, is
not objecting to the request for continuance.
WHEREFORE, Petitioner respectfully requests this matter
be continued.
DATED: 5/6/02
Respectfully submitted,
K LEWIS, ESQ.
I.D. #69383
1101 N. Front St.
Harrisburg, PA 17102
(717) 234-3136
VERIFICATION
I hereby verify that the statements made in the foregoing
document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: 516102
KE ET./F. LEWIS, ESQ.
CERTIFICATE OF EERVICE
I hereby certify that I have served a true and correct copy of
the within Motion for Continuance to attorney for Respondent by
mailing same by U.S. Mail, postage prepaid at Harrisburg,
Pennsylvania addressed to:
George H. Kabusk, Esq.
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
KENNE~ F. /~EWIS, ESQUIRE
Dated: 5/7/02
LAW OFFICES
KENNETH F. LEWIS
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
FAX: (717) 234-8288
May 7, 2002
The Honorable Edgar B. Bayley
CUMBERLAND COUNTY COURTHOUSE
HAND-DELIVERED
Re:
Dietrich v. PennDOT
License Suspension Appeal
2002-0728
Dear Judge Bayley:
I have filed a Motion for Continuance this date, with the
concurrence of Respondent.
For ease of rescheduling the hearing, I was advised to
write a letter to your chambers indicating the dates I am already
scheduled for Court. It is my understanding that your secretary
will contact counsel for PennDOT (George Kabusk, 787-3830) to
choose a date.
In June, 2002, I am available all but the week of June
3rd-7th (Dauphin County Criminal Court week); and Monday, June 13.
I am available anytime in July.
Thank you for your kind attention to this letter.
Respectfully submitted,
KE~NEH~F'. LEWIS
p.c. George H. Kabusk, Esq. (via facsimile)
John Deitrich