HomeMy WebLinkAbout02-5000MICHAEL J. HEIN,
Appellant,
VS.
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING :
Appellee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 -Z~cz:OlVlL TERM
PETITION FOR APPEAL FROM IMPOSITION OF
IGNITION INTERLOCK REQUIREMENTS
1. Appellant herein is Michael J. Hein, residing at and having a mailing
address of: 7 Locust Circle, Mechanicsburg, PA 17050.
2. Appellee herein is the Department of Transportation of the
Commonwealth of Pennsylvania, having a mailing address of: Department of
Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123.
3. By letter or notice dated September 16, 2002, a copy of which is
attached hereto as Exhibit A, the Department of Transportation suspended Appellant's
operating privileges as a result of his conviction for DUI and sua sponte imposed
ignition interlock requirements.
4. Imposition of ignition interlock requirements is unlawful in that it was
done by PennDOT without legal authority and in the absence of imposition of those
requirements by this Court.
Appellant respectfully requests that this matter be set down for a hearing and that
the imposition of ignition interlock requirements imposed on Appellant by PennDOT be
set aside.
Date
Respectfully Submitted by,
Robert J. Mulderig, Esquire
Turo Law Offices
28 South Pitt St.
Carlisle, PA 17013
(717) 245-9688
VERIFICATION
I, Robert J, Mulderig, Esquire, attorney for the Plaintiff herein, have sufficient
knowledge of the facts contained in this PETITION FOR APPEAL FROM IMPOSITION
OF IGNITION INTERLOCK REQUIREMENTS and verify that the statements made in
the foregoing PETITION FOR APPEAL FROM IMPOSITION OF IGNITION
INTERLOCK REQUIREMENTS are true and correct to the best of my knowledge,
based upon information received from the Plaintiff. I understand that false statements
herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities. A verification executed by the Plaintiff will be filed of record
as soon as it becomes available.
Date
Robert[ Mulderig, ~re
Turo Law Offices
28 South Pitt St.
Carlisle, PA 17013
(717) 245-9688
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: SEPTEMBER 16, 2002
MICHAEL JAMES HEIN
7 LOCUST CIR
MECHANICSBURG PA 17050
WID ~ 022526112295931 001
PROCESSING DATE 09/09/2002
DRIVER LICENSE ~ 24599724
DATE OF BIRTH 07/21/1978
LICENSE IN BUREAU
Dear MR. HEIN:
This is an Official Notice of the Revocation of your Driving
Privilege as authorized by Section 15qZD of the Pennsylvania
Vehicle Code. As a result of your 08/15/2002 conviction of
violating Section 3751 of the Vehicle Code, DRIVING UNDER
INFLUENCE, on Oq/ll/ZO02=
You have been designated as a habitual offender because
this is your third major violation within a five year
period.
Your driving privilege is REVOKED fop a perlod of 5
YEAR(S) effective 08/27/2002 at 12:01 a.m.
WARNING= If you are convicted of driving while your
license is suspended/revoked the penalties wiCk. be a
MINIMUM of 90 days imprisonment AND a $1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM 1 year period
Before PennDOT can restore your driving privilege, you must
follow the instructions in this letter for COMPLYING WITH
THIS REVOCATION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should follow ALL instructions very
carefully. Even t~ you have served all the tlme on the
suspension/revocation, we cannot restore your drlvlng priv-
ilege untll all the requirements are satisfied.
022~2~11229~951
PRISON RELEASE REQUIREMENT (ACT151)
The Court of CUMBERLAND CTY, Court Number 1332, Court Term
2002 has sentenced you to serve a prison term for this vi-
olation. Pursuant to Section 1541(a.1) of the Vehicle Code,
you will not receive credit for this suspension/revocation
or any additional suspension/revocation until you complete
your prison term. The Court must certify your completion
to PennDOT. You may wish to contact your probation officer
and/or the Court after your release to make sure that
PennDOT is DroDerly notified.
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 on the application.
2. Write your driver's license number (listed on the first
page) on the check or money order to ensure proper
credit.
Follow the payment and mailing instructions on the back
of the application,
IGNITION INTERLOCK
Before your driving privilege can be restored you are re-
quired by law to have al! vehicle(s) owned bY you to be
equipped with an Ignition Interlock System· This is a result
of your conviction for Driving Under the Influence. If you
fail to comply with this requirement, your driving privilege
will remain revoked for an additional year. You will receive
more information regarding this requirement approximately
$0 days before your eligibility date.
PROVIDING PROOF OF INSURANCE
Within the last $0 days of your suspension/revocation, we
will send you a letter asking that you provide proof of in-
surance at that time· This letter will list acceptable
documents and what will be needed if you do not own a vehicle
registered in Pennsylvania·
Zmpoptant: Please make sure that PennDOT is notified if you
move from your current address· You may notify PennDOT of
your address change by calling any of the phone numbers
listed at the end of this letter.
022526112295951
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within $0 days of the mail
date, SEPTEMBER 16, 2002, of this letter. Zf you ~lLe an
appeal In the County Court, the Court w111 give you a time-
stamped certt~ted copy of the appeal. In order for your
appeal to be valid, you must send this time-stamped certi-
fied copy of the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office C=nter
Narrisburg~ PA 1710~-2516
Remember, this is an OFFiCiAL NO?~CE OF R~VOCAT~ON,
SincerelY,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION 7:00 a.m. to 9:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE
OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE
WEB SITE ADDRESS www.dot.state.pa.us
1-800-228-0676
717-391-6191
COMMONWEALTH
V.
MICHAEL JAMES HEIN
OTN: Ll19101-3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1332 CRIMINAL TERM
:
: CHARGES: D. U. I.
: AFFIANT: SGT..THOMAS KAUFFMAN
IN RE: SENTENCE
ORDER OF COURT
AND NOW, this 27th day of August, 2002, sentence is
that you pay the costs of prosecution, a fine of $300.00, undergo
imprisonment in the Cumberland County Prison for a term of not
less than 90 days, nor more than 23 months. You are to stand
committed. Work release is authorized.
As long as you are in compliance with all rules and
regulations of the Cumberland County Prison, .you are to be
released at the expiration of your minimum term, on parole, on
supervision, on condition that you be and remain on good behavior,
and comply with all instructions of your probation officer.
Edgar B. ~
iyley, J-
Michael W. Mervine, Esquire
Assistant District Attorney
William G. Braught, Esquire
Assistant public Defender
victim Witness
Probation
it
A TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, PA,
~._]~ _~ Clerk ol[the Court
L,~ Curnberlahd County
MICHAEL J. HEIN,
Appellant,
VS.
COMMONWEALTH OF PENNSYLVANIA ·
DEPARTMENT OF TRANSPORTATION, -
BUREAU OF DRIVER LICENSING ·
Appellee
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 -5~o~ CIVIL TERM
ORDER OF COURT
AND NOW, this /~7.;~ day of ~~/~_~ , 2002, based upon
Appellant's Appeal, a hearing shall be held on the /,~ day
~.z~o~ of
~ .. ~.m. in Cou~mom No. ~ of th(
umbedand County Cou~house, Carlisle, Pennsylvania.
BY THE COURT,
MICHAEL J. HEIN,
Appellant,
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING
Appellee :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 -~3,~ CIVIL TERM
VERIFICATION
I verify that the statements made in this Petition are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
Dat(9 /
I~lichael J. I~in '
MICHAEL J. HEIN,
Appellant,
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Appellee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 - 5000 CIVIL TERM
AFFIDAVIT OF SERVICE
I hereby certify that I served a true and correct copy of the Petition For
Appeal From Imposition of Ignition Interlock Requirements filed in the above captioned
case upon Pennsylvania Department of Transportation, by certified mail, return receipt
requested on October 16, 2002 addressed to:
Pennsylvania Department of Transportation
Office Chief of Chief Counsel
3rd Floor Riverfront Office Center
Harrisburg, PA 17104-2516
and did thereafter receive same as evidenced by the attached Post Office receipt card
dated October 17, 2002.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
TURO LAW OFFICES
Carlisle, PA 17013
(717) 245-9688
Attorney for Appellant
m
F'- Postage
rtl
Return Receipt Fee
13" (Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Postmark
Here
el m Complete items, and/or 2 for additional ,.rvice~. ' /0//~l~
~ Commie items 3, 4a, and 4b.
D W~e 'Return Receipt Req~sted' ~ the mailpi~ ~w ~e afficle numar.
~ ~e Return Re~i~ will ~ow to ~om the adi~e was dellve~ ~d the date
· o 3. Article Addressed to:
I alao ~ to r~c~vs the ~-
lng services (for an extra fee):
1. [] Addressee's Address
2. [] Restricted Delivery
~t~t~ Delivery
5. Receiv~ By: (Pdnt Name) ~aib'~, ~ · ' I ~ . Addressee's Address (~ly if r~ue~t~ ~d
~ 6. Signature (Addressee or AgenU g ~ I I '
PSFo~3~ll,D~r19~ ~~FO>o~c' ~5~23 ~i~R~rnR~
7001 2510 0009 2827 849?
~b. ~Service Type ~'~*3ertified =:
'~"Registered m
[] Express Mail [] Insured ~
i~'Retum Receipt for Merchandise []COD ~
MICHAEL J- HEIN, :
Appellant, :
:
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT :
OF TRANSPORTATION, BUREAU:
OF DRIVER LICENSING, :
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5000 CIVIL TERM
iNRE..TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
on Monday, January 13, 2003,
in Courtroom Number 4.
APPEARANCES:
GEORGE KABUSK, Esquire
For the Commonwealth
DANIEL WORLEY, Esquire
For the Appellant
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. KABUSK:
THE COURT:
MR. KABUSK:
Good morning, Your Honor.
Good morning.
This is the case of Michael J.
Hein, versus Commonwealth of Pennsylvania, Department of
Transportation, case No. 02-5000. This is an appeal from a
notice of suspension dated September 16, 2002. I have had
a packet of documents under seal and certification marked
as Commonwealth's Exhibit No. 1, and I have provided a copy
to the petitioner's attorney Mr. Worley.
Sub-exhibit No. 1 is official Notice of
Revocation dated and mailed 9/16/02, effective 8/27/02.
That notice informs the petitioner that his driving
privilege was revoked for five years pursuant to Section
1542 d) of the vehicle Code as a result of his 8/13/02
conviction of violating Section 3731 of the Vehicle Code
relating to Driving Under the Influence on 4/11/02.
Additionally, that notice of revocation
informed him of the requirement for the Ignition Interlock.
Sub-exhibit No. 2 is report of Clerk of Courts of
Cumberland County, convicted 8/13/02, the seal attached to
the original. That indicates a conviction of DUI on
8/13/02. Additionally, Box G regarding Act 63 Ignition
Interlock required, Box G, the no box is checked.
Additionally, there is supporting documents
behind that of the other DUI's as well as his driving
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
record. It is my understanding this is an appeal of the
Ignition Interlock only and not of the five year
revocation. However, I will let Mr. worley address that.
I move for the admission of what's been marked as
Commonwealth's Exhibit No. 1.
THE COURT:
MR. WORLEY:
MR. KABUSK:
THE COURT:
I assume there is no objection?
No objection.
That is the Department's case.
You are associated with Mr. Turo
somehow?
MR. TURO: He is, Your Honor, my newest
associate, Daniel Worley, recent graduate and I understand
a student of Pennsylvania Practice. So with great
trepidation I brought him in today.
THE COURT: Am I correct the appeal is
simply from the Interlock language?
MR. WORLEY:
THE COURT:
MR. WORLEY:
sentencing order.
THE COURT:
That is correct.
Anything else you want to say?
I would like to move the
Okay. This was the order which
apparently indicated that there was no Interlock
requirement?
MR. WORLEY:
THE COURT:
Right.
Unless there is objection, we
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
will make that part of the record as well.
MR. KABUSK: No objection, Your Honor.
THE COURT: And I guess this one is also
governed by the schneider case?
MR. KABUSK: Yes, Your Honor.
THE COURT: We will make the exhibits part
of the record. Anything further?
MR. WORLEY: Nothing further.
(End of proceedings)
20
21
22
23
24
25
CERTIFICATIO~
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
Barbara E. Graham
official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~a~e
~in A. Hess, J.
/fnth Judicial District
MICHAEL J. HEIN,
Appellant
VS.
COM. OF PENNSYLVANIA,
DEPT. OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO[FNTY, PENNSYLVANIA
02-5000 CIVIL
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this t '/" day of February, 2003, on the appeal of Michael Hein is
SUSTAINED with respect to that portion of his driver's license suspension which reads as
follows:
Ignition Interlock
Before your driving privilege can be restored you
are required by law to have all vehicle(s) owned by
you to be equipped with an Ignition Interlock
System. This is a result of your conviction for
Driving Under the Influence. If you fail to comply
with this requirement, your driving privilege will
remain suspended for an additional year. You will
receive more information regarding this
requirement approximately 30 days before, your
eligibility date.
Said provision of appellant's suspension is VACATED. :See Albert Schneider v. Com. of
PA, Dept. of Transp., Bureau of Driver Licensing, 11513 C.D. 2001 (Pa. Cmwlth. 2002). The
appeal with regard to the remaining provisions of the driver's license suspension is DENIED and
said suspension may be reinstated.
BY THE COURT,
Hess, J.
Robert J. Mulderig, Esquire
For the Appellant
George Kabusk, Esquire
For PennDOT
:rlm
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENT~ICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL HEIN,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-5000 Civil Term
Notice of Appeal
Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania fi.om the order that
was filed in this matter on February 14, 2003. This order is from a statutory appeal and cannot be reduced to
judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P.
236. A copy of the docket entries are attached hereto.
TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RWERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL HEIN,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-:5000 Civil Term
Request for Transcript
A notice of appeal having been filed in this matter, the official court reporter is hereby
requested to produce, certify and file the transcript in this matter in conformity with Pa. R.A.P. 1922.
Prepare only the original for inclusion in the record as thc Appellant, Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Driver Licensing, docs not desire a copy of thc
transcript. '"' ~ ~~
TERRANCE M. EDWARDS
_Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
PY~510 Page 1
2002-05000
Cumberland County Prothonotary's Office
Civil Case Inquiry
HEIN MICHAEL J (vs) COMMONWEALTH OF PA DEPT OF TRA
Reference No..:
Ca~e Type ..... : APPEAL - LICENSE SUSP
Judgment ..... ~ .00
Judge Assigned: HESS KEVIN A
Disposed Desc.:
Case Comments .............
Filed ........ :
Time ......... :
Execution Date
Jury Tr%al ....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
10/16/2002
11:51
0/00/0000
o/oo/oooo
General Index Attorney Info
HEIN MICHAEL J
7 LOCUST CIRCLE
MECHANICSBURG PA
APPELLANT
APPELLEE
MULDERIG ROBERT J
17050
PENNSYLVANIA COMMONWEALTH OF
DEPT OF TRANSPORTATION
DEPT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
HARRISBURG PA 17123
* Date Entries *
**********~*~*******~***************************~********~******************~**
10/16/2002
10/21/2002
10/25/2002
11/01/2002
1/15/2003
2/14/2003
FIRST ENTRY
PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK
REQUIREMENTS
ORDER OF COURT - DATED 10/18/02 - IN RE PETITION FOR APPEAL FROM
IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS - HEARING SHALL BE
HELD 1/13/03 9:30 AM CR 4 - BY KEVIN A HESS J - COPIES MAILED
10/21/02
VERIFICATION - BY MICHAEL J HEIN
..........
SUSTAINED - BY THE COURT KEVIN A HESS J COPIES MAILED
.............. LAST ENTRY ..............
*********************************************************************************
* Escrow Information *
* Fees & Debits Beg Bal Pymts/Adj End Bal *
APPEAL LIC SUSP
TAX ON APPEAL
SETTLEMENT
AUTOMATION FEE
JCP FEE
35.00 35.00 .00
.50 .50 .00
5.00 5.00 .00
5.00 5.00 .00
5.00 5.00 .00
50.50 50.50 .00
* End of Case Information *
TItlE COPY FROM RECORD
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT O F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
MICHAEL HEIN,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE; COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-.5000 Civil Term
Proof of Service
I hereby certify that I have on this day and date duly served a tree and correct copy of the
foregoing documents upon the persons and in the manner indicated below, which service satisfies the
requirements of Pa. R.A.P. 121:
First Class Mail; Postage Pre-Paid;
Addressed as Follows:
Judge Kevin A. Hess
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Robert J. Mulderig, Esquire
Att. for Appellee Hein
28 South Pitt Street
Carlisle, PA 17013
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic Law Division
Date: February 24, 2003
GEORGIANNA BRAUND
(formerly SWANK),
Petitioner
VS.
COM. OF PA., DEPT. OF TRANS.
BUREAU OF DRIVER
LICENSING,
Respondent
RANDALL CARL VATHIS,
Petitioner
VS.
COM. OF PENNSYLVANIA,
DEPT. OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5246 CIVIL
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5289 CIVIL
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
JOHN RICHWINE,
Petitioner
VS.
COM. OF PENNSYLVANIA,
DEPT. OF TRANS., BUREAU OF
DRIVER LICENSING,
Respondent
MICHAEL J. HEIN,
Petitioner
VS.
COM. OF PENNSYLVANIA,
DEPT. OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-5406 CIVIL
: CIVIL ACTION - LAW
: LICENSE SUSPENSION APPEAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COLrNTY, PENNSYLVANIA
02-5000 CIVIL
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
requirements if the trial court fails to do so. It was because of this express holding that we
entered our orders in the above cases.
March 28, 2003
John Mancke, Esquire
For Petitioner Braund
Austin Grogan, Esquire
For Petition Vathis
Robert Mulderig, Esquire
For Petitioners Richwine and Hein
Terrance M. Edwards, Esquire
For PennDOT
K~Hess, J.
:rlm