HomeMy WebLinkAbout02-5180ROBERT D. BAXTER, JR.,
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'/~ CIVIL TERM
PETITION FOR APPEAL FROM IMPOSITION OF
IGNITION INTERLOCK REQUIREMENTS
1. Appellant herein is Robert D. Baxter, Jr., residing at and having a
mailing address of: 1106 Yverdon Drive, Camp Hill, PA 17011.
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 October 24, 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 ( a copy of the sentencing order is attached hereto as Exhibit
B).
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 verify that the statements made in this Petition are true and correct.
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~ /
Robert D. Baxter,~.
COMMONNEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 24, 2002
ROBERT DALE BAXTER JR
1107 YVERDON DR
APT B8
CAMP HILL PA 17011
WID # 022906117812751 001
PROCESSING DATE 10/17/2002
DRIVER LICENSE t 20332882
DATE OF BIRTH 09/14/1963
LICENSE IN BUREAU
Dear MR. BAXTER:
This is an Or,lc/a! Notice of the Suspension of your Driving
Privilege as authorized by Section [532B of the Pennsylvania
Vehicle Code. As a result of your 08/20/2002 conviction of
violating Section $75! of the Vehicle Code DRIVING UNDER
INFLUENCE on 0~/08/2002:
Your driving privilege is SUSPENDED fop a period of 1
YEAR(S) effective 10/08/2002 at 12:01 a.m.
WARNING: If you are convicted of driving while Your
license is suspended/revoked the penalties will 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 SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. You should follow ALL instructions very
carefully. Even 1~ you have served all the tlme on the
sus~ens/on/revocatton, Ne cannot restore your dptv/ng
pr/v/[ege until al! the requirements are satisfied.
022906117812751
PRISON RELEASE REQUIREMENT (ACT151)
The Court of CUMBERLAND
2002 has sentenced
violation. Pursuant
Code, YOU will
suspension/revocation
suspension/revocation
CTY~ Court Number 897~ Court Term
you to serve a prison term for this
to Section 15~1(a.1) of the Vehicle
not receive credit for this
or any additional
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 properly
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
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 50 days before Your eligibility date.
PROVIDING PROOF OF INSURANCF
Within the last 50 days of your suspension/revocation, we
will send You a letter asking that you provide proof of
insurance at that time. This letter will list acceptable
documents and what will be needed if You do not own a vehicle
registered in Pennsylvania.
[mportant: 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.
022906117812751
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within $0 days of the mail
date, OCTOBER 24, 2002, of this letter. If You file an
appeal in the county court, the Court w111 glve you a
time-stamped certified copy of the appeal. In order for
your appea! 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 1710q-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION.
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORNATION 7:00 a.m, to 9:00 p,m.
IN STATE 1-800-952-q600 TDD IN STATE
OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE
NEB SITE ADDRESS www.dOtoState.pa.us
1-800-228-0676
717-391-6191
COMMON-WEALTH
ROBERT DALE BAXTER
OTN: Ll15744-6
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-0897 CRIMINAL
C~L~RGE: DUI
AFFIANT: PTL. FLOYD MORROW, JR.
SENTENCE / PAROLE
ORDER OF COURT
AND NOW, this 8th day of October, 2002, the
Defendant, Robert Dale Baxter, now appearing in court for
sentence with the Public Defender, Arla M. Waller, Esquire,
and having previously entered a plea of guilty to Driving
under the Influence, a misdemeanor of the second degree, a
second offense overall, and a first offense for mandatory
sentencing purposes, and the Court being in receipt of a
pre-sentence investigation report, upon which it~eli~,
the sentence of the Court is that the Defendant Ray the
costs of prosecution, a fine of $300.00, a $10.08~I Eme?_gency:
Medical Services fund assessment, a $50.00 CAT f~d '
surcharge, and a $45.00 per day incarceration fe~,' a~, that
he undergo imprisonment in the Cumberland County Prison for
a period of not less than 48 hours nor more than 23 months.
Conditioned upon the Defendant's reporting to the prison at
the time provided for hereinafter, upon his reporting
without alcohol or unlawful controlled substances in his
system, upon his being and remaining on good behavior while
in prison, upon his being and remaining on good behavior
thereafter, and upon his complying with all written
directions of his parole officer, he shall be automatically
paroled at the expiration of his minimum sentence of 48
hours.
Pursuant to the Defendant's request,
commencement of service of the period of imprisonment
provided for herein shall be on Friday, October 18, 2002,
at 5:00 p.m., at which time the Defendant shall present
himself to the Cumberland County Prison authorities without
further Order of Court.
Michael W. Mervine, Esquire
Assistant District Attorney
Arla M. Waller, Esquire
Assistant Public Defender
Probation
Sheriff
Victim Witness
CCP
wcy
By the Court,
~.~Wesley O,~e/, Jr.,
ROBERT D. BAXTER, JR.
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 - CIVIL TERM
ORDER OF COURT
Appellant's Appeal, a hearing shall be held on the ~¢/'~ day
-~/~-,'- ~-~:~L. ,~a~3 of
· - , 2002. at ~;~"~g<fl ~.m. in Courtroom No. _/ of the
O'
Cumberland County Courthouse, Carlisle, Pennsylvania·
BY THE COURT,
ROBERT D. BAXTER, JR.,
Appellant,
VS.
COMMONWEALTH OF PENNSYLVANIA
:PARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
Appellee
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
No. 02 - 5180 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 24, 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 28, 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.
Date
TURO LAW OFFICES
15,obert J M~d~rig, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Appellant
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Deliver/Fee
(Endorsement Required)
Postmark
Here
ZIP+4
0 Complete items 1 and/o¥ 2 for additional services. [
Complete items 3, 4a, and 4b.
[] print your name and address on the reverse of this form so that we can return this
card to you.
Q Attach this form to the front of the mailpiece, or o~ the back if space does not
permit.
[] Wnte 'Return Receipt Requested' on the mailpieoe below the adide number.
[] The Return Receipt will shew to whom the article was delivered and the date
delivered.
I also wish to receive the follow-
ing services (for an extra fee):
1, [] Addressee's Address
2. [] Restricted Delivery
3. Article Addressed to: -'-J
5. Received By: (Pdnt Name) OCT 2 8 200~_
~o 6. Signature (Addressee or~(~CE OF CHIEF COU~
>' Vehicle & Traffic Law Di~
PS Form 3811, December 1994
~001 2510 0009 2827 8486
4b. Service Type _
[] Registered /C~Certified
[] Express Mail [] insured
r Merchandise [] COD
'13Date °f Delivery '~-¥' '~ 8----~--~/~
8. Addressee's Address (Only if requested and ~
fee is paid)
iSEL
sion
102595-99-S-0223 ~t~c Return Receipt
ROBERT D. BAXTER, JR.,
Appellant
Vo
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. 02-5180 CIVIL TERM
IN RE: PETITION FOR APPEAL FROM IMPOSITION OF IGNITION
INTERLOCK REQUIREMENTS
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 25th day of February, 2003, upon consideration of Appellant's
Petition for Appeal from Imposition of Ignition Interlock Requirements, following a
hearing, and for the reasons stated in the accompanying opinion, the appeal is sustained
to the extent that the portion of the Department of Transportation's October 24, 2002,
notice requiring Appellant to equip his vehicles with ignition interlock systems, as a
prerequisite to scheduled restoration of his driving privilege, is rescinded.
BY THE COURT,
J~esley Oler[~., J. '
Robert J. Mulderig, Esq.
28 S. Pitt Street
Carlisle, PA 17013
Attorney for Appellant
George Kabusk, Esq.
Pennsylvania Department of Transportation
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Appellee
ROBERT D. BAXTER, JR.,
Appellant
Vo
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. 02-5180 CIVIL TERM
IN RE: PETITION FOR APPEAL FROM IMPOSITION OF IGNITION
INTERLOCK REQUIREMENTS
BEFORE OLER~ J.
OPINION and ORDER OF COURT
OLER, J., February 25, 2003.
In this appeal of an action taken by Appellee, Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing (hereinafter Department of
Transportation or Appellee), Appellant requests that this court rescind that part of an
official notice of license suspension that required, as a prerequisite to scheduled
restoration of Appellant's driving privilege, that Appellant equip each of the vehicles
owned by him with an ignition interlock system.
For the reasons stated in this opinion, Appellant's appeal will be sustained.
DISCUSSION
The facts in the present case are not in dispute. In an underlying criminal case,
Appellant, having pled guilty on August 20, 2002, to driving under the influence, a
second offense overall, and first offense for mandatory sentencing purposes,~ was
sentenced to pay the costs of prosecution and a fine, and to undergo a term of
~ Commonwealth's Ex. 1, Hr'g. Feb. 20, 2003; see Appellant's. Ex. 1, Hr'g., Feb. 20, 2003
(Order of Ct. Oct. 8, 2002, Commonwealth v. Baxter, No. 02-0897 Criminal Term (Pa. Ct. Com.
Pl. Cumberland Oct. 8, 2002 (Oler, J.)).
imprisonment of two days to twenty-three months in the county prison.2 The sentencing
court did not include a requirement that Appellant install ignition interlock systems in his
vehicles?
Subsequent to this sentencing order, the Department of Transportation sent
Appellant an official notice of suspension dated October 24, 2002, that detailed
prerequisites to restoration of his driving privilege. The Department of Transportation
required, as a prerequisite to scheduled restoration, that Appellant install an approved
ignition interlock system in each vehicle that he owned.4 The notice stated, in relevant
part, as follows:
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 reg~arding this requirement approximately 30 days before your
eligibility date.
On October 25, 2002, Appellant filed a Petition for Appeal from Imposition of
Ignition Interlock Requirements.6 A hearing was held on Appellant's appeal on February
20, 2003.
In Schneider v. Pennsylvania Department of Transportation, 790 A.2d 363 (Pa.
Commw. Ct. 2002), the Commonwealth Court stated:
Although [the appellant] had two DUI offenses and pursuant to
Section 7002(b), the trial court was required to order installation of an
2 Appellant's Ex. 1, Hr'g. Feb. 20, 2003, (Order of Ct., Oct. 8, 2002, Commonwealth v. Baxter,
No. 02-0897 Criminal Term (Pa. Ct. Com. Pl. Cumberland Oct. 8, 2002 (Oler, J.)).
3 Id. In Commonwealth v. Mockaitis, 54 Pa. D & C. 4th 115 (2001), a challenge to the
constitutionality of the statutory ignition interlock system requirement was upheld by the
Honorable Edgar B. Bayley of this court.
4 Commonwealth's Ex. 1, Hr'g. Feb. 20, 2003 (notice from Department of Transportation to
Appellant, dated Oct. 24, 2002).
5 Id. (notice from Department of Transportation to Appellant, dated Oct. 24, 2002).
6 Appellant's Petition for Appeal from Imposition of Ignition Interlock Requirements, filed Oct.
25, 2002.
ignition interlock device, that failure does not mean that PennDOT has been
given authority to override the trial court's order and require installation.
Section 7002 provides that only "the court shall order the installation on an
approved ignition interlock device .... "Because this provision gives a court
the sole authority, PennDOT has no unilateral authority to impose ignition
interlock device requirements if the trial court fails to do so.
Id. at 366 (footnotes and citations omitted) (emphasis omitted).
Accordingly, the Commonwealth Court affirmed the trial court's order rescinding
the ignition interlock system provision in the suspension notice issued to the appellant by
the Department of Transportation. Id.
On this issue, Schneider is indistinguishable from the present case and,
accordingly, the same result must obtain herein. Appellant's appeal will be sustained,
without prejudice to Appellee's right to pursue a challenge to this holding, as prescribed
by Schneider, on appeal.
For the foregoing reasons, the following order will be entered:
ORDER OF COURT
AND NOW, this 25th day of February, 2003, upon consideration of Appellant's
Petition for Appeal from Imposition of Ignition Interlock Requirements, following a
hearing, and for the reasons stated in the accompanying opinion, the appeal is sustained
to the extent that the portion of the Department of Transportation's October 24, 2002,
notice requiring Appellant to equip his vehicles with ignition interlock systems, as a
prerequisite to scheduled restoration of his driving privilege, is rescinded.
BY THE COURT,
/s/J. Wesley Oler, Jr,
J. Wesley Oler, Jr., J.
Robert J. Mulderig, Esq.
28 S. Pitt Street
Carlisle, PA 17013
Attomey for Appellant
3
George Kabusk, Esq.
Pennsylvania Department of Transportation
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Appellee
4
ROBERT D. BAXTER, JR., :
Appellant :
:
V. :
:
COI~qON~EALTH OF :
PENNSYLVANIA, DEPARTMENT :
OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING:
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 02-5180 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of February, 2003,
upon consideration of Appellant's Petition for Appeal from
Imposition of Ignition Interlock Requirements, and
following a hearing, it is ordered and directed as follows:
1. Pursuant to an agreement of counsel, the
Official Notice of Suspension dated October 24, 2002, in
this case is affirmed, to the extent that it provides for a
suspension of Appellant's driving privilege; and
2. The issue raised by Appellant's appeal
herein, regarding the imposition of the ignition interlock
systems requirement by the Department, is taken under
advisement
Robert J. Mulderig, Esquire
28 South Pitt Street
Carlisle, PA 17013
For the Appellant
By the Court,
:esley ol~r~ ~Jr., J.--
George Kabusk, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
Riverfront Office Center - 3rd Floor
1101 South Front Street
Harrisburg, PA 17104-2516
For the Appellee
wcy
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT 0 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
ROBERT D. BAXTER, JR.,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-5180 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 from the order that
was filed in this matter on February 20, 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.
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
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
ROBERT D. BAXTER, JR.,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-5180 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 the Appellant, Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the
transcript.
TERRANCE M. EDWARD~'----
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
P~S510
2002-05180
Reference No..:
Case Type ..... : APPEAL -
Judgmen% ......
Judge Assigned:
Disposed Desc.:
Cumberland County Prothonotary,s Office Civil Case Inquiry
BAXTER ROBERT D JR (rs) PENNSYLVANIA COMMONWEALTH OF
MISC Filed ........ :
Time ......... :
.00 Execution Date
Page 1
10/25/2002
:250/0o/ 0oo
o/o0/00oo
Jury Trial ....
............ Disposed Date.
Case Comments ............. Higher Crt 1.:
Higher Crt 2.:
********************************************************************************
General Index
Attorney Info
BAXTER ROBERT D JR APPELLANT MULDERIG ROBERT J
1106 YVERDON DRIVE
CAMP HILL PA 17011
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
3RD FL RIVERFRONT OFFICE CT
HARRISBURG PA 17104
APPELLEE
* Date Entries
*
FIRST ENTRY
10/25/2002 PETITISN FOR APPEAL FROM IMPOSITION OF I&N~T~O~ ~N~E{L6C~
REQUIRMENTS
lO/3O/2OO2 $~-$~-~$~-:-~-~62~25~-:-~-~-~~$~-~$~-~L-~$~---
IMPOSITION O~ I~GNITZON ZNT~RLOC~ REQUIREMENTS - A HEARING SHAL%
BE ~ELD ON 2/20/03 AT ~130 AM IN CR I OF TffE CU~ERT_C~D COUNTY
COURTHOUSE CARLISLE PA - ~Y T~E COURT
]V~ZLED ~R ~ COPZEb
11/Ol/2OO2 &~~-$~-~O~8~-~$~-~{~8~-~$~-~&£-~8~-~8~8~-8~ ....
~?~T~?~_~TERLOC~ REQUIRemENTS - ~y ~OSERT ~ MULDERIG ESQ
2/25/2003 ORDER OF COURT DATED 2/25/03 - - .......................
- ZN RE PETITION FOR APPEAL FROM
IMPOSITION OF IGNITION INTER~OC~ REQUIREMENTS - T~S APPEAL IS
~¢Z~D TO T~E E~TE~T THAT THE PORTION OF THE D
~~OTATIONS 10 EPT OF
/24 02 NOTICE REQUIRING APPELLANT
iTH INT LOC
oHISscHEDULED
RESTORATION OF HIS DRIVING PRIVILEGE IS RESCINDED - BY
THE COURT J WESLEY OLER JR J COPIES MAILED
2/28/2003 ORDER OF COURT - DATED 2/20/03 - ~-~-~£L~-~~8~-~$~ .....
APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS - BY THE
[O[RT ~ [E¢L[Y_O~ED ~R ~ COPIES MAILED
- - LAST ENTRY ...........
Escrow Information .
* Fees & Debits Beg Bal P~ts/Adj End Bal ,
APPEAL MISC
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
*
********************************************************************************
TRUE COPY FROM RECORD
In Test~,rno~y ~,t~r~r.)f, ! ~re unto ~et my ~
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
~2830
ROBERT D. BAXTER, JR.,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-5180 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:
Judge J. Wesley Oler, Jr.
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
First Class Mail; Postage Pre-Paid;
Addressed as Follows:
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Robert J. Mulderig, Esquire
Att. for Appellee Baxter
28 South Pitt Street
Carlisle, PA 17013
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic Law Division
Date: March 14, 2003
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
ROBET D. BAXTER, JR.,
Appellee
VS.
COMMONWEALTH OF pENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-5180 Civil Term
Amended Notice of Aooeal
Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that
was filed in this matter on February 25, 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
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
ROBERT D. BAXTER, JR.,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-5180 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 the Appellant, Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the
transcript. ~
- /,
TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riverside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
~YS510
2002-05180
Reference No..:
Case TvDe ..... : APPEAL - MISC
Ju~gmeh% ..... ~ .00
Judge Assigned:
Disposed Desc.:
Case Comments
Cumberland County Prothonotary's Office Civil Case Inquiry
BAXTER ROBERT D JR (rs) PENNSYLVANIA COMMONWEALTH OF
Filed ........ :
Time ......... :
Execution Date
Jury Tr%al ....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
Page 1
10/25/2002
2:25
o/oo/oooo
o/oo/oooo
General Index Attorney Info
APPELLANT
MULDERIG ROBERT J
BAXTER ROBERT D JR
1106 YVERDON DRIVE
CAMP HILL PA 17011
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
3RD FL RIVERFRONT OFFICE CT
HARRISBURG PA 17104
APPELLEE
*
* Date Entries
********************************************************************************
.... FIRST ENTRY .........
10/25/2002 PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK
REQUIRMENTS
C&6~---~.~-[8~.~---~N-RE-PETITION- - --- -- ---------- FOR APPEAL FROM
10/30/2002
IMPOSITION OF. IN. GNITION INTERLOCK REQUIREMENTS.- A HEARING SHALL
BE HELD ON 2/20/03 AT 9:30 AM IN CR 1 OF THE CUMBERLAND COUNTY
COURTHOUSE CARLISLE PA - BY THE COURT J WELSEY OLER JR J COPIES
MAILED
IGNITION INTERLOCK REQUIREMENTS - BY ROBERT J MOLDERIG ESQ
2/25/2003 6~6~.~-6~-666{~---~.~-~.~/03 - IN RE PETITION FOR APPEAL FROM
IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS - THE APPEAL IS
SUSTAINED TO THE EXTENT THAT THE PORTION OF THE DEPT OF
TRANSPROTATIONS 10/24/02 NOTICE REQUIRING APPELLANT _T_O_E_Q_UIP_HIS
VEHICLES WITH IGNITION INTERLOCK SYSTEMS AS A PREREQUISI'±'~:
SCHEDULED RESTORATION OF HIS DRIVING PRIVILEGE IS RESCINDED - BY
THE COURT J WESLEY OLER JR J COPIES MAILED
......................
2/28/2oo3 - IN RE APPELLANTS PETITION FOR
APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS - BY THE
COURT J WESLEY OLER JR J COPIES MAILED
......... LAST ENTRY ....
*** *****************************************************************************
. Escrow Information *
* Fees & Debits Beg Bal Pymts/Adj End Bal *
APPEAL MISC 35.00 35.00 .00
TAX ON APPEAL .50 .50 .00
SETTLEMENT 5.00 5.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
* End of Case Information *
*** T************* **************** ********* ~% *** * *** ***** *** * * *** 4~ ******** ** ******
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
ROBERT D. BAXTER, JR.,
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.-5180 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:
Judge J. Wesley Oler, Jr.
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
First Class Mail; Postage Pre-Paid;
Addressed as Follows:
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Robert J. Mulderig, Esquire
Att. for Appellee Baxter
28 South Pitt Street
Carlisle, PA 17013
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic', Law Division
Date: March 18, 2003