HomeMy WebLinkAbout01-3209BILLY J. WARD
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF' DRIVER LICENSING
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
LICENSE SUSPENSION APPEAL
LICENSE SUSPENSION APPEAL
AND NOW, comes Petitioner, Billy J. Ward, by and through his attorneys, Mancke, Wagner,
Hershey & Tully, and makes the following averments in support of this Licedse Suspension Appeal:
1. Petitioner, Billy J. Ward, is a Pennsylvania licensed ddver with ia residence address
of 6017 Wertzville Road, Cumberland County, Pennsylvania 17025.
2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver
Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101
South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516.
3. Petitioner received a notice of license suspension by way of letter dated April 26,
2001 from the Department of Transportation indicating, in pertinent part, "as a resMt
of your conviction for ddving under the influence, you are required byr law ~'o haw=.
all vehicle(s) owned by you equipped with an approved ignition interlock system
before your d#ving privilege can be restored." Said notice is attached hereto as
Exhibit "A" and incorporated herein by reference.
4. The above-mentioned provision, as part of the Department's notice of April 26,
2001, is illegal, invalid, and improper for some or all of the following reasons:
The provisions of Act 63 violates the Separation of Powers Ooctdne as the
guardian interlock requirement is not analogous to the imposition of costs
in a criminal proceeding, is not administrative in nature and interferes with
the sentencing power of the court as it requires the court to certify to I:he
executive branch (PennDOT) whether the ignition interlock systems have
been installed before PennDOT will reinstate the operating privilege which
necessarily requires the court to investigate whether or not the devices have
been installed.
The provisions of Act 63 violates due process because PennDOT has no
authority or jurisdiction over vehicles owned by a defendant but not
registered and not operated on a public highway.
The provisions of Act 63 violates due process because the statute is vague
in failing to define ownership and is overbroad because, by its reach, it
punishes constitutionally protected activity, i.e. ownership of a non-
registered vehicle maintained and/or used solely on private property in
violation of Defendant's rights under Article I, §9 of the Pennsylvania
Constitution and the 5th Amendment of the United States Constitution.
5. Petitioner requests the court take judicial notice of Senate Bill 849 and all of [ts prior
forms prior to becoming Act 63 of 2000 including the legislative summary obtained
from the Pennsylvania State website, www.legis.state.pa.us, in chronological c~der
beginning with the summary and printer numbers 952, 1225, 1814, 1918, 203~, and
2059, all inclusive which are attached hereto, marked as Exhibit "C", and
incorporated herein by reference.
WHEREFORE, Petitioner prays that this Court declare that that portion of the Deparlment's
notice of Apd126, 2001 which reads: "as a result of your conviction for driving under the h3fluence,
you are required by law to have all vehicle(s) owned by you equipped with an al;~provecl ignfl:ion
interlock system before your driving privilege can be restored" be declared illegal, unconstitutional,
and stdcken as part of the Department's notice and direct that the Department impose a flat (:,ne
(1) year suspension for the conviction for driving under the influence.
3
Date: 05/24/01
Respectfully submitted,
MANCKE WAGNER HERSHEY & TULLY
BDY avidlY. He~e/~ ~ eye, ~uc.u.re/~
I.D. #-43092
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
VERIFICaTiON
I 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.
/-
DATE:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: APRIL 26, 2001
BILLY J WARD WID · 011096101528346 001
6017 WERTZVILLE RD PROCESSING DATE 04/19/2001
DRIVER LICENSE ~ 21226197
ENOLA PA 17025 DATE OF BIRTH 03/12/1955
LICENSE IN BUREAU
Dear MR. WARD:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1552B of the Pennsylvania
Vehicle Code. As a resuIt of your 02/20/2001 conviction of
violating Section 575! of the Vehicle Code DRIVING UNDER
INFLUENCE on 08/25/2000:
As a result of your conviction for driving under the
influence, you are required by law to have all vehicle(s)
owned by you equipped with an approved ignition interlock
system before your driving privilege can be restored. 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 eligibilty date.
· Your driving privilege is SUSPENDED fop a pePiod of
YEAR(S) effective 10/27/2001 at 12:01 a.m.
WARNING: If you are convicted for driving while your
license is suspended, the penalties will be: a MINIMUH
of 90 days imprisonment AND a 1,000 fine AND your
license will be suspended for I year.
This suspension is in addition to any other suspensions
already on your record.
AdditionallY, the Court of CUMBERLAND CTY, Court Number
2381, Court Term 2000 has sentenced you to serve a prison
term for this violation. Pursuant to Section 1541(a.1) of
the Vehicle Cede, you will not receive credit for this
suspension/revocatio~ any additional
01109610152B$~6
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 properly
notified.
Additionally, pursuant to Section 15qB(d) of the Vehicle
Code, the Court of CUMBERLAND CTY , Court Number 2381, Court
Term 2000 has ordered you to attend a treatment Program for
alcohol or drug add/ct/on. As a result of the court order,
this suspension/revocation shall remain in effect until the
Department is notified by the above Court that you have
successfully completed treatment and you are .otherwise
eligible for restoration of your driving privilege.
PROVIDING PRO0~ OF INSURANCE
Within the ia'st 30 days of your suspension, we w/ii send you
a ietter 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
Pennsyivaniao
ZmpoPtant: Please make sure that PennDOT is not/f/ed 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.
APPEAL
You have the right to appeaZ this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, APRIL 26, 2001, of this letter. Zf you flle an appeal
in the County Coopt, the Court wtll glve you a time-stamped
cert/f/ed 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
Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON.
011096101528~ ....
Sincerely,
Rebecca L. Bickley, D/rector
Bureau of Driver Licensing
INFORMATION 7:00 a.m. to 9:00 p.m.
IN STATE 1-800-952-~600 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-~91-6191
cOMMONWEALTH
V
BILLY J. WARD
OTN: L070609-0
Billy J.
IN THE COURT OF COMMON PLEAS OF
:
CUMBERLAND cOUNTY, PENNSYLVANIA
:
00-2381 CRIMINAL TERM
CHARGE: ( 2 ) DUI
AFFIANT: PTL. ROBERT RESSLER
IN RE: SENTENCING & PAROLE pRDER OF COURT
AND NOW, this 10th day of April, 2001, the defendant,
Ward, having previously appeared in open court and
tendered a plea, and now appearing for sentence together with
private counsel, David Hershey, Esquire,
receipt of a DUI report,
Sentence of the court is that
costs of prosecution, a fine of $300.00,
the court being in
the defendant pay the
together with a CAT
Fund surcharge of $100.00, and an EMS assessment of $10.00, and
undergo imprisonment in the cumberland County Prison for a
period of not less than thi_~rty days_ nor more than twenty-three
months. Service of his sentence at the Dauphin County Work
Release~Center is authorized. The defendant to self-commi_____.t
there on Wednesday, April 11, 200_~1, at 9:00 a.m_~
The defendant will_be paroled at the expiration of
hi~ t~erm~ without further order of court on condition
that he shall have behaved himself well in the interim.
In the event that the defendant violates the rules of
the Dauphin County Work Release Program, his service of the
sentence in Dauphin County will be terminated, and the defendant
to be transported to the C~ Prison to serve the
remainder of his sentence.
O
/6
COMMONWEALTH V. BILLY J. WARD
Prior to obtaining the defendant'S operating
privileges, he must pay all court imposed fines and costs and
must pay for and successfully complete an alcohol treatment
program. As noted, work release is authorized in this case.
By the Court,
Ke~ A. Hess, J.
Daniel Sodus, Esquire
Assistant District Attorney
David Hershey,'Esquire
For the Defendant
probation
Dauphin County Work Release
Victim Services
Sheriff
CCP
:bg
Center
SB 849 8;, Senators GREENL.,,F. O'PAKE. HART. BOSCOLA, COSTA, HOLL, -~8INS.
SALVATORE. SCHWARTZ and SLOCUN.
Prior Pmnter's Nos, 952. 1225. 1814, t918. 2038.
Printer's ':o. 2059.
An Act amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes. providing for the use of ignic~on
interlock systems and for restitution for identity theft.
Referred to JUDICIARY. April 27. I999
Reported as comml~te , May 11. 1999
First consideration, Hay 11. 1999
Second consideration. June 8. 1999
Amended on third consideration. June 14. 1999
Third consideration and final passage. June i5. 1999 (50-0)
(Remarks see Senate Journal Page 694). June 15, 1999
In the House
Referred to JUDICIARY. June 21. 1999
Reported as amended. March 21. 2000
"First consideration, March 21. 2000
Laid on the table. March 21. 2000
Removed from table. April 17. 2000
Second consideration, Apcil 17. 2000
Re-referred to APPROPRIATIONS. April 17. 2000
Re-reported as-co'mmitted. Hay.l, 2000
Third consideration, with amendments. Hay 2. 2000
Final passage, May 2. 2000 (197-0)
(Remarks see House Journal Page 883). May 2. 2000
In the Senate
Referred to RULES AND EXECUTIVE NOMINATIONS. May 3, 2000
Re-reported on concurrence, as amended. June I2. 2000
Re-committed to RULES AND EXECUTIVE NOMINATIONS. June 13. 2000
Re-reported on concurrence, as amended. June i3. 2000
Senate concurred in House amendments, as amended by the SenaCe. June
13, 2000 (49-0)
In the House
Referred to RULES, June 13. 2000
Re-reported on concurrence, as committed, June 13, 2000
House concurred in Senate amendments to House amendments. June 13. 2000
(189-1)
(Remarks see House Journal), June 13. 2000
Signed in Senate. June 14, 2000
Signed in House,'June 14. 2000
In hands of the Governor. June i4. 2000
Last day for action, June 24. 2000
Approved by the Governor. June 22, 2000
Act No, 63
http:llwww.legis.state.pa.uslWUO11LIIBIIBHI1999101SBO849.HTN1
! 2/¥t00
952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 849' Sessionof1999
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HOLL,
ROBBINS, SALVATORE, SCHWARTZ AND SLOCUM, APRIL 27, 1999
REFERRED TO JUDICIARY, APRIL 27, 1999
.AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated St.atutes, providing for the offense of theft of
3 identity.~
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4104.1. Theft of identity.
9 (a) Offense defined.--A person commits an offense if he
10 knowingly and with intent to defraud, obtains, possesses,
11 records, transfers, uses or attempts to obtain, record, transfer
12 or use the personal identifying information of another person
13 without the consent of that other person.
14 (b) Grading.--A first offense under this sectio~ is a
15
misdemeanor of the first degree and a second and subseuuent
16 -offense under this section is a felony of the third deqree.
17 {c) Definition.--As used in this section, the term "personal
18 identifying information" includes, but is not limited to:
1 <1) Name.
2 (2) Birth date.
3 (3) Address.
4 (4) Telephone number.
5 (5) Social Security number.
6 (6) Driver's license number.
7 (7) Checkinq account number.
8 (8) Savings account number.
9 (9) Mother's maiden name.
10 (10) Debit card number.
11 (11) Personal identification number.
12 (12) Electronic identification number.
13 (13) Any other number or information that can be used to
14 access a ~erson's financial resources.
15 Section 2. This act shall take effect in 60 days.
C30L18DMS/19990S0849B0952
- 2 -
PRiOR.PRINTER' NO. 952 PRINTER'S NO. 1225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 849
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HOLL,
ROBBINS, SALVATORE, SCHWARTZ AND SLOCUM, APRIL 27, 1999
AS AMENDED ON THIRD CONSIDERATION, JUNE 14, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of theft of
3 identity:
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4104.1. Theft of identity.
9 (a) Offense defined.--A person commits an offense if he
10 knowingly and with intent to defraud, obtains, possesses,
11 records, transfers, uses or attempts to obtain, record, transfer
12
13
14
15
16
17
18
or use the personal identifying information of another person
without the consent of that other person.
th~ section {~ a
(b) Crading. A first -==~ ~ _~
misdomoancr c= the first ~ ..... and a ..... ~ '-~ ~"~ ....... ~
....... _~nz ...... dcgroa.
(B) GRADING.--A FIRST OFFENSE UNDER THIS SECTION IS A FELONY
OF THE THIRD DEGREE .~uND A SECOND AND SUBSEQUENT OFFENSE L%~ER
1
2
3
THIS SECTION IS A FELONY OF TEE SECOND D~R~E.
(1) IN ADDITION A-NY PENALTY IMPOSED HEREIN, A PERSON WHO
vIOLATES THIS SECTION SHALL BE ORDERED BY THE COURT TO PAY
4 RESTITUTION TO THE VICTIM PURSUANT TO SECTION 1106 (RELATING
TO RESTITUTION FOR INJURIES TO PERSON OR PROPERTY).
(2) IN PROSECUTIONS UNDER SUBSECTION (A) , IF THE
OFFENDER PosSESSES IDENTIFYING INFORMATION OF MORE THAN ONE
PERSON, THE IDENTIFYING INFORMATION RELATING TO EACH PERSON
9
10
11
12
SHALL BE CONSIDERED A SEPARATE OFFENSE.
(3) WHERE A PERSON COMMITS AN OFFENSE UNDER SUBSECTION
(A) AND THE vICTIM OF THE OFFENSE iS 60 YEARS OF AGE OR
OLDER, THE GRADING OF THE OFFENSE SHALL BE ONE GRADE HIGHER
13
14
THA~N SPECIFIED HEREIN-
(C) CONCURRENT JURISDICTION TO PROSECUTE---IN ADDITION TO
15 THE AUTHORITY CONFERRED UPON THE ATTORNEY GENERAL BY THE ACT OF
16 OCTOBER 15, 1980 (p.L.950, N0.164), .~C~OWN AS THE COMMONWEALTH
17 ATTORNEYS ACT, THE ATTORNEY GENEtLIL SHALL HAVE THE AUTHORITY TO
18 INVESTIGATE AND TO INSTITUTE CRIMINAL PROCEEDINGS FOR .ANY
19 VIOLATION OF THIS SECTION OR ANY SERIES OF SUCH VIOLATIONS
20 INVOLVING MORE THAN ONE COUNTY OF THIS COMMONWEALTH AND/OR
21 A~OTHER STATE. NO PERSON CHARGED WiTH A VIOLATION OF THIS
22 SECTION BY THE ATTORNEY GENERAL SHALL HA¥~ STA~NDING TO cI~ALLENGE
23 THE AUTHORITY OF THE ATTORNEY GENEFcAL TO INVESTIGATE OR
24 PROSECUTE THE CASE, AND, IF ANY SUCH C~ALLENGE IS MlYDE, THE
25 CHALLENGE SHALL BE DISMISSED ~ NO RELIEF SHALL BE MADE
26 AVAILABLE IN THE COURTS OF THIS COMMONWEALTH TO THE PERSON
27
28
29
MAKING THE CHALLENGE.
(e~ (D) Definition.--As used in this section, the term
,,cersonal identifvinq information" includes, but is not limited
30 kO:
19990S0849B1225
- 2 -
1 (1) N 2.
2 (2) Birth date.
3 (3) Address.
4 (4) Teleohone number.
5 (5) Social Security number.
6 (6) Driver's license number.
7 (7) Checking account number.
8 (8) Savings account number.
9 (9) Mother's maiden name.
10 (10) Debit card number.
11 (11) Personal identification number.
12 (12) Electronic identification number.
13 (13) Any other number or information that can be used to
14
15
access a~person's financial resources.
Section 2. This act shall take effect in 60 days.
C30L18DMS/19990S0849B1225
~OUSE ~,~SDE .R~'N:ZR'S NO, 1 81 4
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No 849
1999
INTRODUCED BY GREENLEAF, O'PAKE, i-LART, BOSCOLA, COSTA, HOLL,
ROBBINS, SALVATORE, SCHWARTZ :~xND SLOCUM, APRIL 27, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS /LMENDED, M~CH 21, 2000
AN ACT
1 Amending Title 18 iCrimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for ~ha ozfsn-a of
3 &danti-ty. RESTITUTfON FOR IDENTITY THEFT.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 ~ 410C~1. ~eft of identity.-
9 (a} ~= - icfinad. ~. p~r_~n ecmmitz
10
11
12
13
14
15
16
17
wS~thout thc sonsant of that othar parson.
vT.sl.tc~ thic ~ '~
~' =~n to .h~ victim pursuant to section
3
4
5
6
7
8
9
10
tl
12
13
-{Z) In pro .................... thc
shall bc cons ......... ~ ..............
(3) .........
' ' ' -~- of age cr
{a) and thc .... ~ .............
older, tho grading of tho ...... shall
-= ..... ~ ..... ~ ................ ~ by the act of
the authority cc
15
16
17
18
19
20
Attorneys Act, the Attorney
t ....... t-t~
investigate and ~ ~ .... "
involving more than cna ..... *-~ of" : ~ __mmic ............ ,,-,
~m .... ~ "~ .... :'-~t~ON of this
another state. No nerscx ..... ~ ...... h ........
section bv tho Attorney Caners! shall have ......... -~-~q to ~a'~e.
21
22
23
24
25
26
.~ ~' ~' of thc Attorney ~ ..... ~ ~ '~' .... : .... or
thc au~h~_lt~ .......... i ....... ~-
d .... and ~-= shall
~hall~n~ she~! be ~m~sscd no
availab!c in thc ....... of this ....... - .... tm ts "~ .......
making ~h~ -~'~ ~ ....
27
28
29
3O
!9990S0849Bt814
o_mat .... _.,~=~, but is not !dm!tad ts;
{1) )lama.
(2) Dirth data.
- 2 -
1
2
3
4
5
6
7
9
10
11
12
13
14
(Z) ...... Sccuzit~
(g) Driver's ll~n~
Chcckin~
(I0) ~b~ sari
ml~ronzc identification
aocccc - ·
Section 2. This act shall taka offact in SC days.
§ 4120. RESTITUTION FOR IDENTITY THEFT.
(A) GENERAL RULE.--THE COURT MAY, IN ADDITION TO ANY OTHER
15 RESTITUTION SENTENCE OR ORDER AUTHORIZED BY LAW, SENTENCE A
16 PERSON CONVICTED OF THE OFFENSE OF IDENTITY THEFT OF ANOTHER
17 PERSON TO MAKE RESTITUTION FOR ALL REASONABLE EXPENSES INCURRED
18
19
20
21
22
23
24
25
BY THE VICTIM OR ON THE VICTIM'S BEE~LF:
(1) TO INVESTIGATE THEFT OF THE VICTIM'S iDENTiTY;
(2) TO BRING OR DEFEND CIVIL OR CRIMINAL ACTIONS P~LATED
TO THEFT OF THE VICTIM'S IDENTITY; OR
(3) TO TAKE OTHER EFFORTS TO CORRECT THE VICTIM'S CREDIT
RECORD OR NEGATIVE CREDIT REPORTS RELATED TO THEFT OF THE
VICTIM'S iDENTITY.
(B) TYPES OF EXPENSES.--THE TYPES OF EXPENSES THAT MAY BE
26 RECOVERABLE UNDER THIS SECTION INCLUDE, BUT AiE NOT LIM_.~D TO:
27
28
(1) ATTORNEY FEES;
(2) FEES AND COSTS IMPOSED BY CREDIT BUREAUS, ASSOCIATED
29
WITH EFFORTS TO CORRECT THE VICTIM'S CREDIT RECORD OR
3O
~JCURRmD IN PRIVATE INVESTiGATiONS; AND
19990S0849B1814
1
2
3
5
{3) COU7 COSTS AND FILING FEES;
REGARDLESS OF ~HE_.-.~R TH~ EXPENSES ARE CHARGED OR BILLED TO TEN
VICTIM OR ANY PERSQN ACTING ON THE VICTIM'S BEHALF OR AS THE
VICTIM'S REPRESENTATIVE AND REGARDLESS OF WHETHER ANY SUCH
EXPENSE HAS BEEN PAID.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
C30L18DMS/19990S0849B!814 - 4 -
PRIOR PRiNTERIS NOS. 952,
HOUSE A~ENDED
1225, 1814
PRINTER'S NO. ] 9] 8
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 849
1999
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HELL,
ROBBINS, SALVATORE, SCHWARTZ AND SLOCUM, APRIL 27, 1999
,.AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 2, 2000
1
2
3
4
S
6
7
8
9
10
11
ACT
Amending Tit_e 13 .... m~s ......
3 ....... s) 42 (JUDICIARY AND
JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
~ ~ ~ =~ = theft ~= ~
Statutes, providing for ~h~ ~f ...... o=
RESTITUTION FOR IDENTITY TH=FT.U
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title ~ 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 410~.1. Theft af identit'/.
(a) ...... ~ ~ if
...... s~ defined...~ o~_~o._ :ommits an o==-~e ho
- ~ ...... ocroonal identifvin~ ~-~
~on ..... that other ~ ....
t5 (b) Cradinq. I first sffcnse under this sec~c~ is a =~n'~
16 of thc third da~rza and a second and ~,,~-~--~ ~
1
2
4
5
6
~==~-~'- possesses idontifTinc information ~ ...... than cnn
7
8
9
10
tt
12
13
...... zdcnt, fy!n.q ............... -
(a) and "~
......... m of the
14 "~ ..... ~-"~'" ~=--~ ~ Atttrxav Camera! by tme act of
15 ~-~-~ ..... 1989 'n ~ n~ .... !C~t kxswn at .................. h
16 Attorneys ::25, the_.~._.~'"~* ...... Caners!~.____-k*~ have thc .... ~--="-' t;;
18 violation si ~ sees!on ~-~- ~ny ~ ........ ~-~.. '~'~l~=~ns
19 involvinc -o~ than one ucunty of this ~ ~-"~
20 another craze. )!o ~crcon uhar~ad with - violation of ~'
21
22
23
the authority
27 (d) ~ =" '~: ~" Ag
-a ....... on. used ~ this -^~- thc t ..... " ........ ~
28 idcnt i fyin=.
29 '~ ~ ~am~
30 '~ Birth
!9990S0849B!918
- 2
1
2
3
5
7
8
10
11
,-. ..... kon~ .~umb~_.
,~ Ch~] .... ~ account ,~
(10) ~bz~ card number=
{!!~, Personal i!entification xum~c-r.
~' nl~ct~on~e identificaticr, numbar.
,1~) ~ ..... ~ ...... ~- or i~=--- =~- that
...... n 2. This act ~h~__ take ..... t in C0
14 § 4120 9720.~. RESTITUTION FOR IDENTITY THEFT.
15
days.
{A) GENERAL RULE.--THE COURT MAY, IN ADDITION TO D. NY OTHER
16 RESTITUTION SENTENCE OR ORDER AUTHORIZED BY LAW, SENTENCE A
17 PERSON CONVICTED OF THE OFFENSE OF IDENTITY THEFT OF ~NOTHER
18 PERSON TO M~KE RESTITUTION FOR ALL REASONABLE ~ u
mX-ENSES INCURRED
19
20
21
BY THE VICTIM OR ON THE VICTIM'S BEF3.LF:
(1) TO INVESTIGATE THEFT OF THE VICTIM'S IDENTITY;
(2) TO BRING OR DEFEND CIVIL OR CRIMINAL ACTIONS RELATED
22
23
TO THEFT OF THE VICTIM'S iDENTITY; OR
(3) TO TAKE OTHER ~ ~
~F=ORTS TO CORRECT THE VICTIM'S CREDIT
24
RECORD OR NEGATIVE CREDIT REPORTS RELATED TO THEFT OF THE
25
26
VICTIM'S IDENTITY.
(B) TYPES OF EXPENSES.--THE TYPES OF EXPENSES TMuAT M~Y BE
27' RECOVERA~BLE UNDER THIS SECTION INCLUDE, BUT ARE NOT LIMITED TO:
28
29
(1) ATTORNEY FEES;
(2) FEES ~~ND COSTS IMPOSED BY CREDIT BUREAUS, ASSOC!AT~i1
30
WITH EFFORTS TO CORRECT THE ViCTiM'S CREDIT RECORD OR
19990S0849B1918
- 3 -
INCURRED IN ~,,IVATE INVESTIGATIONS; AND
{3} COURT COSTS AND FILING FEES;
REGARDLESS OF e~ETHER THE EXPENSES ARE CHARGED OR BILLED TO THE
VICTIM OR ANY PERSON ACTING ON THE VICTIM'S BEHALF OR AS THE
VICTIM'S REPRESENTATIVE AND REGARDLESS OF WHETHER AhNY SUCH
EXPENSE HAS BEEN PAID.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
C30L!~DMS/!9990S0849B!9!8
- 4
r.._NTmR NO.
P~IOR PRINTER'S NOS. 952, 1225, 18%4, -m .... S ~U~
19~8
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
849 Session of
No. 999
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HOLL,
ROBBINS, SALVATORE, SCHW}iTZ ~D SLOCUM, APRIL 27, 1999
SENATE :AMENDMENTS TO HOUSE AMENDMENTS, jUNE 12, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for restitution
3 for identity theft AND FOR THE USE OF IGNITION INTERLOCK
4 SYSTEMS.-
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 9720.1. Restitution for identity theft.
10 (a) General rule.--The court mav, in addition to any o~her
11
12
13
restitution sentence or order authorized by law, sentence a
person convicted of ~ cffcnsc of id~tv ~' ~ "
......... . ~23i~ oz axothcr
pcrscn A VIOLATION OF 18 PA.C.S. § 4120 (RELATING TO IDENTITY
14 THEFT) to make restitution for all reasonable expenses incurred
15 by the victim or on the victim's behalf:
16 (1) to investigate theft of the victim's identity;
17 (2) to bring or defend civil or criminal actions related
18 to theft of the victim's identit,;; cr
· j3) to ~ke other efforts to c~rrec~ he victim's credit
record or negative credit reeorts related to theft of the
victim's identity.
(b) Types of exmenses.--The types of exoenses that may be
recoverable under this section include, but are not limited to:
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12
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15
16
17
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19
20
21
22
23
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(1) attorney fees;
(2) fees and costs
with efforts to correct
imposed by credit bureaus, associated
the victim's credit record or
incurred in private investigations; and
(3) court costs and filing fees.
regardless of whether tho ax~anoco ara ckar~ad or billed tc th~
victim or any parson acting on thc victim's behalf or as the
victim'~ representative and rccarl!ass of whether any ouch
Section 2. This act shall taka affect ix C0 days.
SECTION 2. TITLE 42 iS AMENDED BY A~DING A CHAPTER TO ~EAD:
SEC.
7001.
7002.
CHAPTER 70
IGNITION INTERLOCK DEVICES
DEFINITIONS.
IGNITION iNTERLOCK SYSTEMS FOR DRIVING UNDER THE
iNFLUENCE.
7003. ADDITIONAL DRIVER'S LICENSE RESTORATION REQUIREMENTS-
§ 7001. DEFINITIONS.
THE FOLLOWING WOP~S'kND PHRASES WHEN USED IN THIS CPIAPTER
SHALL F~VE THE MEANINGS GIVEN TO THEM iN THiS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF T~ANSPORTATION OF THE
COMMONWEALTH.
30 "IGNITION iNTERLOCK SYSTEM."
19990S0849B2038 - 2
A SYSTEM APPROVED BY THE
1
2
3
4
5
6
7
8
9
10
11
DDPARTM~NT THAT tEVENTS A VEHICLE FROM BEIN<- jTARTEU OR
OPERATED UNLESS THE OPEraTOR FIRST PROVIDES A BREATH SAMPLE
INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL OF LESS THA~
.025%.
§ 7002.
IGNITION INTERLOCK SYSTEMS FOR DRIVING UNDER THE
INFLUENCE.
(A) FIRST OFFENSE.--IN ADDITION TO P/qY OTHER REQUIREMENTS
IMPOSED BY THE COURT, WHERE A PERSON ~S BEEN CONVICTED FOR A
FIRST OFFENSE UNDER 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER
THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), THE COURT FLs-Y
ORDER THE INSTALLATION OF AN APPROVED IGNITION INTERLOCK SYSTEM
12 '"ON EACH MOTOR VEHICLE OWNED BY THE PERSON TO BE EFFECTIVE UPON
13 THE RESTORATION OF OPERATING PRIVILEGES BY THE DEPARTMENT. A
14 RECORD S~LL.BE SUBMITTED TO THE DEPARTMENT WHEN THE COURT HAS
15 ORDERED THE INSTALLATION OF AN APPROVED INTERLOCK IGNITION
16 DEVICE. BEFORE THE DEPARTMENT MAY RESTORE SUCH PERSON'S
17 OPEP~ATING PRIVILEGE, THE DEPARTMENT MUST RECEIVE A CERTIFICATION
18 FROM THE COURT THAT THE IGNITION INTERLOCK SYSTEM HAS BEEN
19 INSTALLED.
20 (B) SECOND OR SUBSEQUENT OFFENSE.--IN ADDITION TO ANY OTHER
21 REQUIREMENTS IMPOSED BY THE COURT, WHERE A PERSON HAS BEEN
22 CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF 75 PA.C.S. §
23 3731, THE COURT SHALL ORDER THE INSTALLATION OF AN APPROVED
24 IGNITION iNTERLOCK DEVICE ON EACH MOTOR VEHICLE OWNED BY THE
25 PERSON TO BE EFFECTIVE UPON THE RESTOraTION OF OPERATING
26 PRIVILEGES BY THE DEPARTMENT. A RECORD SHALL BE SUBMITTED TO THE
27 DEPARTMENT WHEN THE COURT HAS ORDERED THE INSTALLATION OF ~
28 APPROVED INTERLOCK IGNITION DEVICE. BEFORE THE DEPARTMENT NUtY
29 RESTORE SUCH PERSON'S OPE~TING PRIVILEGE, THE DEPARTMENT MUST
30 RECEIVE A CERTiFICATiON FROM THE COURT TP3.T THE iGNITiON
19990S0849B2038 - 3 -
.~- iNSTALLED·
1 IMTERLOCK sYSTE {..s BEEN -
2 (C} ALTERNATIVE DiSPOSITION.--FOR THE PURPOSE OF THIS
3 SECTION, ACCEPTANCE OF ACCELE~RTED REHABILITATIVE DISPOSITION,
4 A_N ADJUDICATION OF DELINQUENCY OR A CONSENT DECREE UNDER cHAPTER
5 63 (RELATING TO JLrVENILE MATTERS), OR A~NY OTHER FOP~ OF
6 PRELIMINARY DISPOSITION OF ANY CHARGE BROUGHT UNDER 75 PA.C.S. §
7 3731 sHALL BE CONSIDERED A FIRST CONVICTION.
8 (D) DEPARTMENT APPROVAL.--AN IGNITION INTERLOCK SYSTEM
9 REQUIRED TO BE INSTALLED UNDER THIS SECTION MUST BE A SYSTEM
10 WHICH HAS BEEN APPROVED BY THE DEPARTMENT. THE DEPD~TMENT'S
11 APPROVAL OF IGNITION INTERLOCK SYSTEMS SHALL BE PUBLISHED IN THE
12 'pEb~SYLVANIA BULLETIN.
13 § 7003. ADDITIONAL DRIVER'S LICENSE RESTORATION REQUIREMENTS.
14 IN ADDITIpN TO '~Y OTHER REQUIREMENTS ESTABLISHED FOR THE
15 RESTORATIO~ OF A PERSON'S OPERATING PRIVILEGES UNDER 75 PA.C.S.
16 § 1548 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
17
18
19
20
21
22
23
24
25
26
27
28
OFFENDERS):
(1) WHERE A PERSON'S OPEP~TING PRIVILEGES ARE SUSPENDED
FOR A SECOND OR SUBSEQUENT vIOLATION OF 75 PA.C.S. § 3731
(RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE), OR A SIMILA~ OUT-OF-STATE OFFENSE, AND THE PERSON
SEEKS A RESTORATION OF OPEP~.TING pRIVILEGES, THE COURT SHALL
CERTIFY TO THE DEPARTMENT THAT EACH MOTOR VEHICLE OWNED BY
THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
INTERLOCK SYSTEM.
(2) A PERSON SEEKING RESTORATION OF OPERA. TING PRIVILEGES
SHALL APPLY TO THE DEP~JtTMENT FOR AN IGNITION INTERLOCK
RESTRICTED LICENSE UNDER 75 PA.C.S. § 1951(D) (RELATING TO
29 DRIVER'S LICENSE A2~ LEAP2~ER'S PERMIT) WHICH WiLL BE CLEARLY
30 MAR'.~ED TO RESTRICT THE PERSON TO OPEP~TiNG ONLY MOTOR
19990S0849B2038
4
5
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8
9
10
11 ~.
12
13
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15
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24
25
26
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1 VEHICLES EQUirPED WITH AN APPROVED iNTERLCiK I ~-
GNI._ZN SYSTEM.
2 (3) DURING THE YEAR IMMEDIATELY FOLLC>?iNG RESTsF3.TiON OF
3 THE PERSON'S OPERATING PRIVILEGE, AND THEREAFTER ~TTiL THE
PERSON OBTAINS AN O~RESTRICTED LICENSE, THE PERSON SHALL NOT
OPEPJ~TE A~Y MOTOR VEHICLE ON A HIGHWAY W ~-'-
COMMONWEALTH UNLESS THE MOTOR VEHICLE IS EQUIPPED ;'iiTH A_N
APPROVED IGNITION INTERLOCK SYSTEM.
(4) ONE YEAR FROM THE DATE OF ISSUANCE OF AN iGNITION
INTERLOCK RESTRICTED LICENSE UNDER THIS SECTION, IF OTHERWISE
ELIGIBLE, A PERSON 5CAy APPLY FOR AN ADD!TICi,7AL REPLACEMENT
LICENSE UNDER 75 PA.C.S. ~ 1951(D) THAT DOES NOT CONTAIN THE
IGNITION INTERLOCK SYSTEM RESTRICTION.
($) A PERSON WHOSE OPERATING PRIVILEGE iS SUSPENDED FOR
A SECOND ~R SUBSEQUENT VIOLATION OF 75 FA.C.C. ~ 3731 OR A
SIMILAR OUT-OF-STATE OFFENSE, WHO DOES NOT APPLy FCR AN
IGNITION INTERLOCK RESTRICTED LICENSE, SHALL NOT BE ELIGIBLE
TO APPLY FOR THE RESTOPJ~TION OF OPERATING PEiVILEGES FOR A~
ADDITIONAL YEAR AFTER OTHERWISE BEING - -~
EL~G==~E FOR
RESTORATION U~DER PARAGRAPH (1).
SECTION 3. THE PROVISIONS OF 75 PA.c.s. CH. 70 SN3_LL APPLy
TO ALL PERSONS CONVICTED OF A SECOND OR SU .... ~
BSm~mNT VIOLATION OF
75 FA.C.C. ~ 3731 ON OR AFTER THE EFFECTIVE DATE OF THiS
SECTION. NOTHING IN THIS ACT SHALL PROHIBIT A COURT FROM
IMPOSING ITS OW~ IGNITION iNTERLOcK REQUIREME>?TS FOR FIRST
OFFENDERS PRIOR TO SEPTEMBER 30, 2001.
SECTION 4. THIS ACT S~ALL TAKE ~FF~CT AS r~r
-~=LOWS:
(1) 75 FA.C.C. ~ 9720.1 SHALL TAKE EFFECT JULY 21, 2000.
(2) 75 FA.C.C. § 7002{A) SHALL TAKE m=Pm
.... CT SEPTEMBER 30,
2001.
30 (3)
19990S0849B2038
THIS SECTION cu~-~ ~.~
~'~ ~-K~ EFFECT !M~.irDiaTE~_.
1 <4) THE
2 SEPTEMBER 30,
'Y~AINDER OF THIS ACT S~ALL T E, EFFECT
2000, OR IMMEDIITELY, W" ~
" ~I~HEVER IS L ~
AT~R.
C30L18DMS/19990SO849B2038
- 6
PRIOR PRINTER's NOS. 952, 1225, !~14
19i8, 2038 ' ~RiNTER'S NO. 2059
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
849
· 1999
INTRODUCED BY GREENLEAF, O'PAKE, HART, BOSCOLA, COSTA, HOLL,
ROBBINS, SALVATORE, SCHWARTZ AND SLOCUM, APRIL 27, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Co~so!idated Statutes, providing for
...... t ~D--PO~ THE USE OF IGNITION INTE~ocK
4 SYSTEMS ~D FOR RESTITUTION FOR IDENTITY THEFT.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 ~ection~. Title '!2~f ~.-nn~*a~ ~~ ,--
~n~ra_ ~-c. Th~ ......
........ av--.i~addition re- a~heP
11
12
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15
16
17
18
· {+E._~ _, to ..... -~r-~-t-t~-t!sn ~er al/=. reascn~t=le c~--+mens~s =Le--curree~
~-Z-2) te-br'--~q-or~ ~i!~r ~e-m-im~ aet--icn~rzlated
theft
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
gection 2.
~CTiON 2.
SECTION t.
STATUTES
SEC.
Thi~ act-s4ea~! ~ ...... ~ : ~
TIT%-E~!2 iS-P~J{ENDED--Bz~I.~DING_~A CLLAPTER TO
TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED
IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 70
IGNITION INTERLOCK DEVICES
22 7001.
23 7002.
24
DEFINIT!ONS{
IGNITION INTERLOCK SYSTEMS FOR DRIVING Uq~DER THE
INFLUENCE.
25
26
27
28
29
30
19990S0849B2059
7003· ADDITIONAL DRIVER'S LICENSE RESTOraTION REQUIREMENTS.
§ 7001. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THiS ~ -
~HAPTmR
SHALL HAVE THE MEAi~INGS GIVEN TO THEM iN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF T~2~SDORTATT~ THE
- -- ..... OF
1 COMMONWEALTH.
2 "IGNITION INTERLOCK SYSTEM." A SYSTEM APPROVED BY THE
3 DEPARTMENT THAT PREVENTS A VEHICLE FROM BEING STARTED OR
4 OPEP~ATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE
5 INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL OF LESS THA~
6 025o.
7 § 7002. IGNITION INTERLOCK SYSTEMS FOR DRIVING UNDER THE
8 INFLUENCE.
9 (A) FIRST OFFENSE.--IN ADDITION TO AlqY OTHER REQUIREMENTS
10 IMPOSED BY THE COURT, WHERE A PERSON HAS BEEN CONVICTED FOR A
11 FIRST OFFENSE UNDER 75 PA.C.S. ~ 3731 (RELATING TO DRIVING UNDER
12 THE INFLUENCE OF A~LCOHOL OR CONTROLLED SUBSTANCE), THE COURT MAY
13 ORDER THE INSTALLATION OF AN APPROVED IGNITION INTERLOCK SYSTEM
14 ON EACH M~TOR VEHICLE OWNED BY THE PERSON TO BE EFFECTIVE UPON
15 THE RESTORATION OF OPE~TING PRIVILEGES BY THE DEPARTMENT. A
16 RECORD SHALL BE SUBMITTED TO THE DEP.a-RTMENT WHEN THE COURT RAS
17 ORDERED THE INSTALLATION OF AN APPROVED INTERLOCK IGNITION
18 DEVICE· BEFORE THE DEPARTMENT MAy RESTORE SUCH PERSON'S
19 OPEP~ATING PRIVILEGE, THE DEPARTMENT MUST RECEIVE A CERTIFICATION
20 FROM THE COURT THAT THE IGNITION INTERLOCK SYSTEM HAS BEEN
21 INSTALLED.
22 (B)
23
24
2S
26
27
28
29
3O
!9990S0849B2059
SECOND OR SUBSEQUENT OFFENSE.--IN A~DITION TO A~Y OTHER
REQUIREMENTS IMPOSED BY THE COURT, WHERE A PERSON ~AS BEEN
CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF 75 PA.C.S.
3731, THE COURT SHALL ORDER THE INSTALLATION OF AN APPROVED
IGNITION INTERLOCK DEVICE ON EACH MOTOR VEHICLE OWNED BY THE
PERSON TO BE EFFECTIVE UPON THE RESTORATION OF OPEP~TING
PRIVILEGES BY THE DEPARTMENT. A RECORD SHALL BE S
UBM~TTED TO THE
DEPARTMENT WHEN THE COURT HAS ORDERED THE INSTALLATION OF
APPROVED INTERLOCK IGNITION DEVICE BEFORE TEE ~Dn ~ ~=
1 RESTORE SUCH Pt .0}7'S OPEgA. TING PRIVILEGE, 2 ~ DEPARTMENT MUST
2 RECEIVE A CERTIFICATION FROM THE COURT THAT THE IGNiTiON
3 INTERLOCK SYSTEM HAS BEEN INSTALLED.
4 (C) ALTERNATIVE DISPOSITION.--FOR THE PURPOSE OF THIS
5 SECTION, ACCEPTA~NCE OF ACCELERATED REHABILITATIVE DISPOSITION,
A_N AiDJUDICATION OF DELINQUENcy OR A CONSENT DECREE LieDeR
7 63 {RELATING TO J
UVmNILE MATTERS), OR ~ OTHER FO~'! OF
8 PRELIMINARy DISPOSITION OF ANy CHARGE BROUGHT UNDER 75 PA.C.S.
9 3731 SHALL BE CONSIDERED A FIRST CONVICTION.
10 (D) DEP~TMENT APPROVAL.--AM IGNITION INTERLOCK SYSTEM
11 REQUIRED TO BE INSTALLED UNDER THIS SECTION MUST BE A SYSTEM
12 WHICH .HAS BEEN APPROVED BY THE DEPARTMENT. THE DEPART}[ENT,S
13 APPROVAL OF IGNITI.ON INTERLOCK SYSTEMS SHALL BE PU~LiSHBD iN THE
14 pENFNSYLV~NiA~BULLET~N''
15 § 7003. ADDITIONAL DRIVER'S LICENSE RESTORATION REQUIREMENTS.
16 IN A~DITION TO ANy OTHER REQUIREMENTS ESTAbLiSHED FOR THE
17 RESTORATION OF A PERSON'S OPERATING PRIVILEGES UNDER 75 PA.C.S.
18 § 1548 (RELATING TO REQUIREMENTS FOR DRIVING UNDER iNFLUENCE
19 OFFENDERS):
2O
22
23
24
25
26
27
(1) WHERE A PERSON's OPERATING PRIVILEGES ARE SUSPENDED
FOR A SECOND OR SUBSEQUENT VIOLATION OF 75 PA.C.S. § 3731
(RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE), OR A SIMILAR OUT-OF-STATE OFFENSE, -~¥D THE PERSON
SEEKS A RESTORATION OF OPERATING PRIVILEGES, THE COURT SH~.LL
CERTIFY TO THE DEPARTMENT THAT EACH MOTOR VEHICLE O~'~ED BY
THE PERSON HAS BEEN EQUIPPED WITH AM APPROVED IGNITION
INTERLOCK SYSTEM.
28
29
3O
!999050849B2059
(2) A PERSON SEEKING RESTOgATION OF OPERATING PRIVILEGES
SHALL APPLy TO THE DEPARTMENT FOR ~¥ IGNITION iNTERLOCK
RESTRICTED LICENSE UNDER 75 PA.c.s.
1
2
3
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8
9
10
11
12
13
14
15
17
18
tS
2O
21
22
23
24
pRiVER,S L!CEbTCE A~D LEARNER,S PERMIT) WHIC WILL BE CLEARLY
M-ARKED TO RESTRICT THE PERSON TO OPE~gTING ONLY MOTOR
VEHICLES EQUIPPED WITH AN APPROVED INTERLOCK IGNITION SYSTEM.
(3) DURING THE YEAR IMMEDIATELY FOLLOWING RESTOP~TiON OF
THE PERSON'S OPERATING PRIVILEGE, ~ THEREAFTER UNTIL THE
PERSON OBTAINS A~ UNRESTRICTED LICENSE, THE PERSON SHALL NOT
OPERATE ANy MOTOR VEHICLE ON A HIGHWAY WITHIN THIS
COMMONWEALTH [/NLEss THE MOTOR VEHICLE IS EQUIPPED WITH AN
APPROVED IGNITION INTERLOCK SYSTEM.
(4) ONE YEAR FROM THE DATE OF ISSUANCE OF AN IGNITION
INTERLOCK RESTRICTED LICENSE UNDER THIS SECTION, iF OTHERWISE
ELIGIBLE, A PERSON MAY APPLY FOR ~ A~DITIONAL REP~LACEMENT
LICENSE Ui~DER 7S PA.C.s. § 19St(D) THAT DOES NOT CONTAIN THE
IGNiTION~tNTERLOCK SYSTEM RESTRICTION.
(5) A PERSON WHOSE OPERATING PRIVILEGE IS SUSPEN'DED FOR
A SECOND OR SUBSEQUENT VIOLATION OF 75 PA C.S. ~ 3731 OR A
SIMILAR OUT-OF-STATE OFFENSE, WHO DOES NOT APPLY FOR AN
IGNITION INTERLOCK RESTRICTED LICENSE, SH]~-LL NOT BE ELIGIBLE
TO APPLY FOR THE RESTORATION OF OPERATING PRIVILEGES FOR AN
ADDITIONAL YEaR AFTER OTHERWISE BEING ELIGIBLE FOR
RESTORATION UNDER PARAGRAPH (1).
SECTION 2. TITLE 42 IS ~AMENDED BY -ADDING A SECTION TO R~_J~D:
9720.1. RESTITUTION FOR IDENTITY THEFT.
(A) GENERAL RULE.--THE COURT MAY, IN ADDITION TO ANy OTHER
25 RESTITUTION SENTENCE OR ORDER AUTHORIZED BY LAW, SENTENCE A
26 PERSON CONVICTED OF A VIOLATION OF 18 PA.C.S. ~ 4120 (RELATING
27 TO iDENTITY THEFT) TO MAKE RESTITUTION FOR ALL REASONABLE--
28 EXPENSES INCURRED BY THE VICTIM OR ON THE VICTIM'S BEhaLF:
29
3O
(1) TO INVESTIGATE THEFT OF THE VICTIM'S IDENTITY;
(2) TO BRING OR DEFEND CIVIL OR CRIMINAL ACTIONS RELATED
!9990S0849B2059
- 5
1
2
.TO T~EFT OF T"E VICTIM'S IDENTITY; OR
(3} TO TAKE OTHER EFFORTS TO CORRECT THE VICTIM'S CREDIT
RECORD OR NEGATIVE CREDIT REPORTS RELATED TO THEFT OF TBS:
VICTIM'S IDENTITY.
(B) TYPES oF EXPENSES.--THE TYPES OF EXPENSES THAT MAY
6 RECOVER_ABLE UNDER THIS SECTION INCLUDE,. BUT ARE NOT LIMITED TO:
7
8
(1) ATTORNEY FEES;
(2) FEES Ai~D COSTS IMPOSED BY CREDIT BUREAUS,
WITH EFFORTS TO CORRECT THE VICTIM'S CREDIT RECORD
10 INCURRED IN PRIVATE INVESTIGATIONS;
11 (3) COURT COSTS AND FILING FEES.
12 SECTION 3. THE PROVISIONS OF ~-5 42 PA.C.S. CH. 70 SHALL
13 APPLY TO ALL PERSONS CONVICTED OF A SECOND OR SUBSEQUENT
14 VIOLATION OF ~7S PA.C..S.. § 3731 ON OR AFTER THE EFFECTIVE DATE OF
15 THIS SECTION. NOTHING-IN THIS ACT SHALL PROHIBIT A COURT FROM
16 IMPOSING ITS OWN IGNITION INTERLOCK REQUIREMENTS FOR FIRST
17 OFFENDERS PRIOR TO SEPTEMBER 30, 2001.
18 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
19 (1) .4u~ THE PROVISIONS OF 42 PA.C.S.
20 EFFECT JULY 21, 2000.
21~ (2) ~-5 THE PROVISIONS OF 42 PA.C.S.
22 EFFECT SEPTEMBER 30, 2001.
23 (3) THiS SECTION SHALL TAKE EFFECT IMMEDIATELY.
24 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
25 SEPTEMBER 30, 2000, OR IMMEDIATELY, WHICHEVER IS LATER.
C30L18DMS/19990S0849B2059
- 6
BILLY J. WARD
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENIxlSYLVANIA
NO.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this ~ day of ~.)~ , 2001 upon Petition of Billy J. Ward, a hearing is set
on the License Suspension Appeal for the _...)~/~ day of ~001, at __/~'.'. ~_ o'c~ocl<
o~__.m, in Courtroom Number . / , Cumberland County Courthouse, One Courthouse Square,
Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile.
Notice of said hearing shall be given by Petitioner's counsel to the Department cf
Transportation at least sixty (60) days prior to the date of said hearing.
Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appe~:ll
shall act as an automatic supersedeas, and Petitioner's operating privileges shall no'[ be suspencled
pending a final determination in this matter.
Distribution:
BY THE COURT:
Prothonotary's Office
George Kabusk, Esquire, PennDOT
1101 South Front Street, Harrisburg, PA 17104-2516 ~NV^'~,SN,,~N~
David E. Hershey, Esquire )d.N~OO ,q.;~r~,-~:~9.F~0
2233 North Front Street, Harrisburg, PA 17110
g l: Wd h-N FI0
BILLY J. WARD,
PETITIONER
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2001-3209
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this 2,lei day of ~ aa ~,~ .q I. , 2001, upon consideration of the
d-
Department's request for a continuance, and without objection from the petitioner, the heating in
the above referenced matter is continued and rescheduled for the l0th day of October, 2001 at
9:30 a.m. in Courtroom Number _1 of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
Distribution:
BY THECOURT:
George H. Kabusk, Esquire, Department of Transportation, Riverfront Office Center- 3rd Floor,
1101 South Front Street, Harrisburg, PA 17104-2516
David E. Hershey, Esquire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street,
Harrisburg, PA 17110
BILLY J. WARD,
Petitioner
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TPJ~NSPORTATION,
BUREAU OF DRIVER
LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
No. 01-3209 CIVIL TERM
ORDER OF COURT
~ NOW, this 10th day of October, 2001,
upon consideration of the Petitioner's License Suspension
Appeal in the above-captioned matter, and pursuant to an
agreement of counsel in the person of George Kabusk,
Esquire, on behalf of the Respondent, and David E. Hershey,
Esquire, on behalf of the Appellant/Petitioner, this matter
is continued generally. The Court will schedule a hearing
promptly at the request of either counsel.
David E. Hershey, Esquire
2233 N. Front Street
Harrisburg, PA 17110
For the Petitioner
By the Court,
* Wesley 0~,,7~'~
Jo. II-OI
George Kabusk, Esquire
Pennsylvania Department of Transportation ~,~
1101 S. Front Street
Harrisburg, PA 17104-2516
For the Respondent
wcy
BILLY J. WARD, : IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
CIVIL ACTION - LAW
· LICENSE SUSPENSION
TRANSPORTATION, BUREAU:
OF DRIVER LICENSING, :
Respondent
APPEAL
: NO. 01-3209 CIVIL TERM
IN RE: PETITIONER'S LICENSE SUSPENSION APPEAL
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 12th day of June, 2002, upon consideration of Petitioner's
License Suspension Appeal, 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
April 26, 2001, notice requiring Petitioner to equip his vehicles with ignition interlock
systems as a prerequisite to scheduled restoration of his driving privilege is rescinded.
4~avid E. Hershey, Esq.
1 South Baltimore Street
Dillsburg, PA 17019
Attorney for the Petitioner
j~eorge Kabusk, Esq.
Pennsylvania Department of Transportation
1101 S. Front Street
Harrisburg, PA 17104-2516
Attorney for the Respondent
BY THE COURT,
esley Oler~3f., J.
BILLY J. WARD,
Petitioner
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION, BUREAU
OF DRIVER LICENSING,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: LICENSE SUSPENSION APPEAL
: NO. 01-3209 CIVIL TERM
IN RE: PETITIONER'S LICENSE SUSPENSION APPEAl,
BEFORE OLER~ J.
OPINION and ORDER OF COURT
OLER, J., June , 2002.
In this appeal of an action taken by the Pennsylvania Department of
Transportation, Bureau of Driver Licensing (hereinafter Department of Transportation),
Petitioner requests that this court rescind that part of a license suspension notice that
required, as a prerequisite to scheduled restoration of Petitioner's driving privilege, that
Petitioner equip each of the vehicles owned by him with an approved ignition interlock
system.
For the reasons stated in this opinion, Petitioner's appeal will be sustained.
DISCUSSION
In an underlying criminal case, Petitioner, having pled guilty on April 10, 2001, to
driving under the influence, was sentenced to pay the costs of prosecution and a fine, to
undergo a term of imprisonment of 30 days to 23 months in the county prison, and, as a
prerequisite to restoration of his driving privilege, to complete an alcohol treatment
program,l The sentencing court did not include a requirement that Petitioner install
ignition interlock systems in his vehicles.2
Subsequent to this sentencing order, the Department of Transportation sent
Petitioner a suspension notice dated April 26, 2001, detailing prerequisites to restoration
of his driving privilege. In addition to the requirement in the sentencing order, the
Department of Transportation also required, as a prerequisite to scheduled restoration,
that Petitioner install an approved ignition interlock system in each vehicle that he
owned.3 The notice stated, in relevant part:
As a result of your conviction for driving under the influence, you
are required by law to have all vehicle(s) owned by you equipped with an
approved ignition interlock system before your driving privilege can be
restored. If you fail to comply with this requirement, your driving privilege
will remain suspended for an additional year.4
On May 25, 2001, Petitioner filed a license suspension appeal from this aspect of
the notice, raising several issues.5 On October 10, 2001, the matter was continued
generally by agreement of counsel.6 On June 6, 2002, in light of the decision by the
Commonwealth Court in Schneider v Pennsylvania Department of Transportation,7
counsel related to the court that they would not object to a termination of the continuance
for purposes of a disposition of Petitioner's appeal at this level.
In Schneider v. Pennsylvania, the Commonwealth Court stated:
I Order of Ct., April 10, 2001 (Commonwealth v. Ward, NO. 00-2381 Criminal Term, Ct. Com.
Pl. Cumberland County, Apr. 10, 2001) (Hess, J.).
2 Id. In Commonwealth v. Mockaitis, 50 Cumberland L.J. 184 (Feb. 12, 2001), a challenge to the
constitutionality of the statutory ignition interlock system requirement was upheld by the
Honorable Edgar B. Bayley of this court.
3 Pet'r's License Suspension Appeal, filed May 25, 2001 (Ex. A: Notice from Department of
Transportation to Petitioner, Dated Apr. 26, 2001).
5 Pet'r's License Suspension Appeal, filed May 25, 2001.
6 Order of Ct., Oct. 10, 2001.
7 Schneider v. Pennsylvania Department of Transportation, NO. 1513 C.D. 2001, 2001 WL
1692244 (Pa. Commw. Ct., Jan. 11, 2002).
Although [the petitioner] had two DUI offenses and pursuant to
Section 7002(b), the trial court was required to order installation of an
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 of 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 *2 (footnotes and citations omitted) (emphasis omitted).
Accordingly, the Commonwealth Court, in Schneider, affirmed the trial court's
order rescinding the ignition interlock system provision in the suspension notice issued to
the petitioner by the Department of Transportation.8 On this issue, Schneider is
indistinguishable from the present case and, accordingly, the same result must obtain
herein. For the foregoing reasons, Petitioner's appeal will be sustained, without prejudice
to Respondent's right to pursue a challenge to this holding, prescribed by Schneider, on
appeal.9
ORDER OF COURT
AND NOW, this 12th day of June, 2002, upon consideration of Petitioner's
License Suspension Appeal, 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
April 26, 2001, notice requiring Petitioner 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.
8 See ld
9 In view of the disposition of this ease on this ground, it is unnecessary to address the other
issues raised by Petitioner as grounds for relief.
3
David E. Hershey, Esq.
1 South Baltimore Street
Dillsburg, PA 17019
Attorney for the Petitioner
George Kabusk, Esq.
Pennsylvania Department of Transportation
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for the Respondent
BILLY 3. WARD,
PETITIONER
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
pENNSYLVANIA
No. 01-3209
LICENSE SUSPENSION APPEAL
MOTION TO RECONSIDER AND VACATE ORDER ISSUED JUNE 12~ 2002
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 26, 2001, the Department of Transportation, Bureau of
Driver Licensing, notified Billy J. Ward, O.L.N. 21226197, that as a result of his
conviction on February 20, 2001 of a violation of Section 3731 of the Vehicle Code,
relating to Driving Under the Influence of Alcohol or Drugs, on August 25, 2000, his
driving privilege was being suspended for a period of one year.
2. The notice dated April 26, 2001 additionally notified the petitioner that as a result of
his conviction of driving under the influence, he was required by law to have all
vehicle(s) owned by him equipped with an approved ignition interlock system before
his driving privilege can be restored and that if he failed to comply with this
requirement, his driving privilege would remain suspended for an additional one year.
3. The petitioner filed an appeal of the above-mentioned suspension on or about May 25,
2001, in the Court of Common Pleas of Cumberland County.
4. By Order dated May 30, 2001 the matter was set for heating on August 20, 2001.
5. By Order dated August 2, 2001, the matter was continued to October 10, 2001.
6. By Order dated October 10, 2001, the matter was continued generally.
7. The petitioner was contesting the imposition of the ignition interl°ck raising
numerous issues including the argument that the ignition interlock had not been
ordered by the court.
8. The sentencing court did not order the imposition of the ignition interlock.
9. Subsequent to the filing of this matter the Commonwealth Court issued an opinion in
Schneider v. Department of Transportation, Bureau of Drlver Licensing, 790 A.2d
363 (Pa. Cmwlth. 2002), where in the Court ruled that the ignition interlock must be
ordered by a court and that the Department does not have "unilateral authority to
impose ignition interlock device requirements if the trial court fails to do so."
10. The parties agreed that they would not object to the termination of the continuance for
the purposes of this Honorable Court deciding the matter.
11. This Honorable Court issued and Opinion and Order dated June 12, 2002 in which the
Court sustained the appeal in regard to the imposition of the ignition interlock citing
Schneider.
12. There was no hearing to allow the Department to enter its documents into evidence.
13. The Department respectfully requests pursuant to 42 Pa.C.S. § 5505 that this
Honorable Court reconsider its Opinion and Order dated June 12, 2002 and vacate the
Order dated June 12, 2002 solely for the purpose of scheduling a heating so as to
allow the Department to admit a set of documents that are under seal and certification.
14. The undersigned counsel contacted David E. Hershey, Esquire, attorney for the
petitioner, and Attorney Hershey indicated he has no objection to the granting the
Department's motion.
WHEREFORE, the Department respectfully requests that its Motion to Reconsider and
Vacate be granted and the matter be scheduled to allow the Department to admit documents.
Date: June 27, 2002
Respectfully submitted,
George I~. Kabusk, Esqu'
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center-3rd Floor
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
BILLY J. WARD,
PETITIONER
IN THE COURT OF COMMON PLEAS
CUMBERLAND cOUNTY,
PENNSYLVANIA
: No. 01-3209
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
RESPONDENT :
LICENSE SUSPENSION APPEAL
VERIFICATION
I verify that the statements made in the Motion to Reconsider and Vacate Order issued
June 12, 2002 are true and correct. I understand that false statements are made subject to the
penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities.
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
DATE: June 27, 2002
BILLY J. WARD,
PETITIONER
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
RESPONDENT :
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
pENNSYLVANIA
No. 01-3209
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Motion to Reconsider and Vacate
Order issued June 12, 2002 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:
David E. Hershey, Esquire
1 South Baltimore Street
Dillsburg, PA 17019
DATE: June 27, 2002
George hQ. Kt~busk
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
(717) 787-2830
BILLY J. WARD,
PETITIONER
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
RESPONDENT :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 01-3209
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this ' day of -Jo v7 ~.. ,2002, the Department of
Transportation's Motion to Vacate the Opinion and Order dated June 12, 2002, is granted and it
is hereby Ordered that the Opinion and Order of June 12, 2002 is Vacated and the matter ~ Id~
scheduled for heating, o r~ "F]4 ~ c~,> 7 J "~'la~e__ 2 ~'~, ~ oo 2.t ~.'~ 2_: 3--0 }~, .~.
BY THE COURT:
Distribution:
//~eorge H. Kabusk, Esquire, Department of Transportation, Riverfront Office Center- 3rd Floor,
1101 South Front Street, Harrisburg, Pennsylvania 17104-2516
,,,4~avid E. Hershey, Esquire, 1 South Baltimore Street, Dillsburg, PA 17019
BILLY J. WARD,
Petitioner
Vo
COMMONWEALTH OF
PENNSYLVAiqIA,
PENNSYLVANIA DEPARTMENT
OF TP3~NSPORTATION,
BUREAU OF DRIVER
LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-3209 CIVIL TERM
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
IN RE: LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this 27th day of June, 2002, upon
consideration of Petitioner's License Suspension Appeal,
and following a vacation of the order entered by this Court
on June 12, 2002, upon motion of the Respondent, premised
upon the need to make a more complete record for purposes
of appellate review, and following a hearing held on this
date, at which the record was supplemented for this
purpose, pursuant to an agreement of counsel, the record is
declared closed, and it is further ordered as follows:
For the reasons stated in the opinion of
this Court which accompanied the Order of Court dated June
12, 2002, the Petitioner's License Suspension Appeal herein
is sustained to the extent that the portion of the
Department of Transportation's April 26, 2001, notice
requiring Petitioner to equip his vehicles with ignition
interlock systems as a prerequisite to scheduled
restoration of his driving privilege is rescinded.
said opinion of this Court is incorporated herein by
reference and made a part hereof.
The
By the Court,
/David Hershey, Esquire
For the Petitioner
..'George Kabusk, Esquire
For the Respondent
:mae
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
BILLY J. WARD,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRWER LICENSING,
Appellant
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 01-3209 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 September 27, 2002. 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 D1VISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFF1CE CENTER - TH1RD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
BILLY J. WARD,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 01-3209 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
PYS510
2001-03209
Reference No..:
Case Tv]De ..... : APPEAL - LICENSE SUSP
JudgmehY ...... .00
Judge Assigned:
Disposed Desc.:
............ Case Comments .............
Cumberland County Prothonotary's qffice Civil Case Inquiry
WARD BILLY J (rs) PENNSYLVANIA COMMON
Filed ........ :
Time ......... :
Execution Date
Jury Trial ....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
Page 1
5/25/2001
12:56
0/00/0000
0/00/0000
General Index Attorney Info
HERSHEY DAVID E
WARD BILLY J
6017 WERTZVILLE ROAD
ENOLA PA 17025
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
APPELLANT
APPELLEE
BUREAU OF DRIVER LICENSING ~}~ .... ~ ...... ~ ~ -.~_~.~7~
1101 SOUTH FRONT STREET
HARRISBURG PA 17104 2516 ~ /~
- - FIRST ENTRY ..............
5/25/2001 ~P~E~L-F~O~ ~U~P~NSION OF DRIVERS LICENSE
6/04/2001 ---~-~-~0~- DATED ~5/~0/01 - IN RE LICENSE SUSPENSION APPEAL -
ORD - IN CR 1 C~BER~D CO~TY
A HEARING IS SET FOR 8/20/01 AT 9:30 ~ ....... mo ~ .7 e~PIES
COURTHOUSE CARLISLE PA - BY THE COURT J WESmm~ om
~ILED 6/4/01 ...............................................
8/0=/=00~ A~jK~-~-~A~6-~2~26{ - IN RE DEPT'S REQUEST FOR A CONTINU~CE ~D
ITHOUT OBJECTION FROM THE PETITIONER THE HE~ING IN .TH~ ABOVE
~u=~o~o~n ~ATT~P IS CONINUED ~D RESCHEDULED FOR 10/10/01
COURT g w~sm~Y on~ ~R g COPIES ~_?i~i~t
~0/~/~00~ 6~6~{-6~-~6~-~-~6-{62{62~-~ IN RZ P~TIT~ONZR'S ~IC~NS~
SUSPENSION APPEAL IN THE ABOVE CAPTIONED ~TTER - PURSUIT TO
AGREEMENT OF CO~SEL I THE PERSON OF GEORGE ~BUSK ESQ ON BE~LF
R SPO NT DAVID _
Appmn~T/PgTITI~ ?~7.~_~%~o[g~'~'i~OT~ R~SQU~ST O~ ~IT~ER
~R~I=~IL%~C~o~g~ ~=~ ~ - BY T~ COURT ~ W~S~
OLER JR J COPIES ~ILED
~/~/~00~ 6{{~-6~-&6~-i-{~6-~2{~2~-i-~-RE P~TITION~'S mIC~NSZ
SUSPeNSiON APPiAn - ~D ~OR T~ ~EASONS STAT~ IN T~ ACCOMP~Y~NG
OPmN T~ APPiAn IS SUSTAINED TO T~ .~N~ZNT T~T TH~ PORTION
T~ DEP~RTM~NT O~ T~SPO~TATION'S ~/~S~0~ NOTIC~ ~QU~NS
p~TmTION~R TO ~QUIP ~S W~ICm~S WIT~ IGNITmON INTZ~LOCK S~ST~MS
AS A PR~R~QUISITY TO SC~DUm~D R~SO~TION O~ ~IS DRIVINS
IS RESCINDED - BY THE COURT J WESLEY OLER JR J COPIES ~ILED
............................................
s/=7/~00~ MOTION TO ~CONSID~R ~D VACAT~ ORD~ ~SSUED ~ ~, ~00~ B~
~ORGE H ~BUSm ATTY
s/~7/~oo~ 8~-~-~-~2~2
VACATS TH~ OPINZON ~D O~D~ DATED 6/Z~/ IS ~ ~D.~[~A~D ~D
TH~ ~TT~R Z~ ~uum~ ................ '
TH~ COURT J WESLEY OLER JR J COPIES ~ILED 6/27/uz
9/27/2002 ORDER OF COURT - DATED 9/27/02 I~ R~ LIC~NS~ SUSPENSIO~ APPEAL -
THE R~CORD IS D~CLARED CLOSED - FOR REASONS STATED IN THE OPINION
OF THIS CO~T - TH~ P~TITION~R'S LICENSE SUSPENSION APPEAL IS
SUSTAINED TO TH~ ~XTENT T~T THE PORTION OF THE D~T_~
T~SPORTION 4/26/01 NOTICE REQUIRING P~TITIONER TO E~uz~ HIS
V~HICL~S WITH IGNITION INTERLOCK SYSTEMS - RESTO~TIO~ OF HIS
DRIVING PRIVILEGE IS R~SCINDED - BY THE COURT J W~SLEY OLER JR J
COPIES ~IL~D 9/27/02
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
BILLY J. WARD,
Appellee
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 01-3209 Civil Term
Proof of Service
I hereby certify that I have on this day and date duly served a true 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 J. Wesley Oler, Jr.
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Court Reporter
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
David E. Hershey, Esquire
Att. for Appellee Ward
2233 North Front Street
Harrisburg, PA 17110
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic Law Division
Date: October 10, 2002
Commonwealth Court of Pennsylvania
October 15, 2002
RE:
Ward v. Bur. Driver Licensing
No.: 2406 CD 2002
Agency Docket Number: 01-3209
Filed Date: October 11, 2002
Notice of Docketing Appeal
A Notice of Appeal, a copy of which is enclosed, from an order of your court has been
docketed in the Commonwealth Court of Pennsylvania. The docket number in the
Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number
must be on all correspondence and documents filed with the court.
Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of
Appeal has the effect of directing the Court to transmit the certified record in the matter to
the Prothonotary of the Commonwealth Court.
The complete record, including the opinion of the trial judge, should be forwarded to the
Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do
not transmit a partial record.
Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and
transmission of the record.
The address to which the Court is to transmit the record is set forth on Page 2 of this
notice.
Notice to Counsel
A copy of this notice is being sent to all parties or their counsel indicated on the proof of
service accompanying the Notice of Appeal. The appearance of all counsel has been
entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the
date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant
to Pa. R.A.P. 907 (b).
Appellant or Appellant's attorney should review the record of the trial court, in order to
insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning
Ordinance must accompany records in Zoning Appeal cases).
The addresses to which you are to transmit documents to this Court are set forth on
Page 2 of this Notice.
If you have special needs, please contact this court in writing as soon as possible.
Attorney Name
Terrance M. Edwards, Esq.
David E. Hershey, Esq.
Party Name
Bureau of Driver Licensing
Billy J. Ward
Party Type
Appellant
Appellee
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, PENNSYL .~IANiA 17104-2516
.(717) 78%2830
BILLY J. WARD,
Appellee }
VS.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 01-3209 Civil Term
Notice of Appeal
.... Notiee is hereby ~ven. that the Commonweallh:o f Pem~aylv ania, Department o f Tra~sloortariofi}
Bureau of Driver Licensing, hereb~y appeals to the Commonwealth Court of Permsylvania from the order that
was flied in this matter on September 27, 2002. This o}der 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
1 I01 South Front Street
Harrisburg, Permsylvania 17104-2516
(717) 787-2830
TRUE CO PY RECORD
BILLY J. WARD, :
Appellee :
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT :
OF TRANSPORTATION, BUREAU:
OF DRIVER LICENSING, :
Appellant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3209 CIVIL TERM
IN RE: TPJ~NSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE
J. WESLEY OLER, JR., J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on
June 27, 2002, in Courtroom Number One.
APPEAR3~NCES:
David E. Hershey,
For the Appellee
George H. Kabusk,
For the Appellant
Esquire
Esquire
INDEX TO EXHIBITS
FOR THE RESPONDENT
Ex. NO. 1 - packet of documents
MARKED
4
ADMITTED
5
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
THE COURT: This is the time and place for
a hearing on the Petitioner's license suspension appeal in
the case of Billy J. Ward versus the Commonwealth of
Pennsylvania, Department of Transportation at Number
01-3209 Civil Term. We will let the record indicate that
the Petitioner is present in court with his counsel, David
E. Hershey, Esquire. The Respondent is represented by
George H. Kabusk, Esquire.
Earlier on today's date I issued an order
vacating the order of June 12, 2002, of this Court pursuant
to an agreement of counsel for the sole purpose of
facilitating the creation of a better record for purposes
of disposition of Petitioner's appeal. Mr. Kabusk, I
believe that you wanted to present a packet of documents
for purposes of making a more complete record.
MR. KABUSK: Yes, Your Honor. What is
marked as Commonwealth Exhibit Number 1 is a packet of
documents under seal and certification consisting of four
subexhibits. I've provided a copy to Mr. Hershey.
Subexhibit Number 1 is Official Notice of Suspension dated
and mailed 4/26/01, effective 10/27/01. That notice
informs Mr. Ward that as a result of his 2/20/2001
conviction of violating Section 3731 of the Vehicle Code,
Driving under the Influence, on 8/25/2000, his driving
privilege was being suspended for a period of 1 year.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
Additionally,
he must have the ignition interlock installed on all his
vehicles before his driving privileges can be restored.
Subexhibit 2 is Report of Clerk of Cumberland County
Conviction 2/20/01, seal attached to the original.
Subexhibit 3 is the Acknowledgment of
Suspension, Revocation, Disqualification, Cancellation as
required under Section 1541 of the Vehicle Code, and
Subexhibit 4 is the driving record which appears in the
file of the Defendant, Billy J. Ward, operator's number
21226197, date of birth 3/12/55, in the Bureau of Driver
Licensing, Harrisburg, Pennsylvania.
I move for the admission of what's been
marked as Commonwealth Exhibit Number 1.
THE COURT: Mr. Hershey.
MR. HERSHEY: No objection.
THE COURT: All right. And the
stenographer has marked this item?
MR. KABUSK:
THE COURT:
(Whereupon,
marked for identification.)
MR. KABUSK:
case, Your Honor.
THE COURT:
that notice informed him that
She needs to mark it now.
Ail right.
Commonwealth's Exhibit No.
1 was
And that's the Department's
Commonwealth's Exhibit 1 is
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admitted.
admitted.)
(Whereupon,
THE COURT:
Commonwealth's Exhibit No. 1 was
this exhibit changes
earlier opinion on.
the Order of Court dated June 12, 2002; is that correct?
MR. KABUSK: To the extent that the Court
the sentencing court did not order the imposition of the
And I gather that nothing in
the facts that the Court based it's
This was an opinion which accompanied
ignition interlock, that is correct, Your Honor.
not change your opinion, and if you would note on
Subexhibit Number 2, Box G, Act 63 ignition interlock
required, the box no is checked.
THE COURT: I'm not sure what you were
referring to.
convictions.
It does
MR. KABUSK: On the Report of the Clerk of
THE COURT: Yes.
MR. KABUSK: The Department's exhibits
the Court did not -- the sentencing court
order the imposition of the ignition
THE COURT: Ail right.
MR. KABUSK: And that was in Mr.
indicate that
the DUI did not
interlock.
petition.
for
Hershey's
However, to make the record complete, I just
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ask that that be admitted.
THE COURT: Ail right. The opinion that
accompanied the order of June 12, 2002, made a number of
factual findings which I had assumed were not being
contested. I'm assuming that is still the case.
MR. KABUSK:
THE COURT:
you wanted to add?
MR. HERSHEY:
anticipating that the Court
That's correct, Your Honor.
Mr. Hershey, was there anything
Your Honor, since I'm
is going to rely on Schneider
as the sole basis for it's opinion in this case, just to
make the record complete, there were a number of issues
beyond the issue decided in Schneider that I raised in my
petition, some of which had not been raised in Mockaitis.
THE COURT: In what?
MR. HERSHEY: Some of which have not been
raised in Mockaitis. So in the interest of fleshing out
the record here for purposes of any appellate review, I
would like to just place argument on the record regarding
some of the issues I raised in my brief.
THE COURT: Well, as you know, in my
opinion I included a footnote indicating that I was not
addressing any of the other issues because it was not
necessary for my resolution of the case. I think those
issues are preserved in the sense that you had them in your
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petition, but I'm not going to rule on them because they're
not necessary for my disposition.
MR. HERSHEY: That's fine, Your Honor. I
understand the Court's position. My only concern is I
want to make sure that in the event that Schneider is
overturned, that there's an adequate record for an
appellate review of the other issues, if I could just look
at my petition for a moment.
Let me do this, Your Honor. Since we've not
had a hearing on this before today, in item five of my
original petition I had asked this Court to take judicial
notice of Senate Bill 849 and all of it's prior forms prior
to becoming Act 63 of 2000, including the legislative
summary obtained from the Pennsylvania State website, in
chronological order by a listing a variety of printer
numbers which were attached and marked as Exhibit C as part
of my petition.
Would the Court be agreeable to take
judicial notice of that legislative summary for the purpose
of this record?
THE COURT: Mr. Kabusk.
MR. KABUSK: No objection, provided that the
Court also take judicial notice of any other legislative
history behind the ignition interlock bill.
THE COURT: By legislative history, are you
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referring to judicial transcripts or are you referring to
some individual summary of the history of the legislation?
MR. KABUSK: Whatever acts there were
involved in passing the law. I'm not sure what he's
referring to as a complete history.
THE COURT: I'm not either. The Court
would not normally take judicial notice of it's research
for a case, and I don't want to put the appellate court in
the awkward position of not knowing what the record is in
the case.
MR. HERSHEY: Well, the record specifically
is what is attached to Exhibit C of my motion, Your Honor.
THE COURT: Mr. Kabusk, do you have any
objection to the Court's taking judicial notice for
purposes of the record in this case of the items contained
in that exhibit?
MR. KABUSK: No, Your Honor.
THE COURT: Ail right. I will just note
it. And we will enter this order, if there is nothing
further:
AND NOW, this 27th day of June, 2002, upon
consideration of Petitioner's License Suspension Appeal,
and following a vacation of the order entered by this Court
on June 12, 2002, upon motion of the Respondent, premised
upon the need to make a more complete record for purposes
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of appellate review, and following a hearing held on this
date, at which the record was supplemented for this
purpose, pursuant to an agreement of counsel, the record is
declared closed, and it is further ordered as follows:
For the reasons stated in the opinion of
this Court which accompanied the Order of Court dated June
12, 2002, the Petitioner's License Suspension Appeal herein
is sustained to the extent that the portion of the
Department of Transportation's April 26, 2001, notice
requiring Petitioner to equip his vehicles with ignition
interlock systems as a prerequisite to scheduled
restoration of his driving privilege is rescinded. The
said opinion of this Court is incorporated herein by
reference and made a part hereof.
Mr. Kabusk and Mr. Hershey, is that order
satisfactory to both of you so far as disposition of the
case at this level?
MR. KABUSK: Yes, Your Honor.
MR. HERSHEY: Judge, the only other issue
that I think we need to address, and maybe Mr. Kabusk can
shed some light on this, we have a supersedeas on the
entire aspect of that official notice from PennDOT,
including the one year suspension for the DUI conviction.
That's what this Court granted in the original petition.
THE COURT: I doubt that I did that. I'm
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not
sure. Did I enter an order granting a supersedeas?
MR. HERSHEY: Yes, you did, Your Honor, and
I have a copy. I'll hand it up. It's clipped to the top
of my appeal.
I believe,
THE COURT: Well, I simply signed an order,
that was provided by your office.
MR. HERSHEY:
THE COURT:
MR. HERSHEY:
Correct.
All right.
The point I'm getting at, Your
Honor, is this case is -- this issue in this case is
sufficiently unique, and because the Department has
consistently appealed these issues to the Commonwealth
Court since Schneider is up on allocatur; is that correct?
MR. KABUSK: Yes, it is.
MR. HERSHEY: My concern is that if the
supersedeas does not continue on the one year suspension
for the DUI conviction, I may be in a lose, lose situation
with my client simply because of inaction by the appellate
courts.
In other words, what may happen is a year
from now if the Court does not grant the supersedeas
pending final resolution on the Commonwealth,s appeal in
this case, then the appellate courts may not reach the
issue of the legality of the guardian interlock at the time
when my client's one year suspension is up, and he will
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then be in
12 months,
limbo without any recourse.
If that decision is not made within the next
then my client will be in a position where he
can neither put the interlock in his vehicle nor be free of
the interlock requirement nor get his license back. So
I'm asking the Court to enter an order with respect to a --
to continuing the supersedeas on the original suspension
until such time as this case
courts.
THE COURT:
MR. KABUSK:
is resolved by the appellate
Mr. Kabusk.
I'm not sure if now is the
proper time to be asking for that. Second, is I believe
there is no contest regarding the one year suspension. So
the Department would want that year served. If the Court
issues an order clarifying a supersedeas that there is no
supersedeas for the one year suspension or there is -- the
order which you issued regarding the imposition of the
interlock may be a -- in other words, that he serves the
year, when it comes up there should be the order that he
doesn't have to have the ignition interlock imposed.
THE COURT: Mr. Hershey, does your client
have his license back at this point?
MR. HERSHEY: He served his chemical test
refusal suspension. His license has been returned. He
had a chemical test refusal suspension associated with this
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underlying criminal case which predated the one year
suspension for the conviction.
THE COURT: So the Department has returned
his license pursuant to the paragraph in the May 30, 2001,
order entered by this Court, which reads, quote, pursuant
to Section 1550(b) of the Pennsylvania Motor Vehicle Code,
Petitioner's appeal shall act as an automatic supersedeas
in -- sorry, shall act as an automatic supersedeas, and
Petitioner's operating privileges shall not be suspended
pending a final determination in this matter, unquote.
MR. HERSHEY: That's my understanding, Your
Honor.
to do?
THE COURT: Now, what are counsel asking me
MR. HERSHEY: What I'm asking you to do,
Your Honor, is to continue the supersedeas on the one year
suspension pending the outcome of the appeal of this case
before the Commonwealth Court.
THE COURT: By the one year suspension, are
you referring to the initial year suspension resulting from
his conviction?
MR. HERSHEY:
THE COURT:
MR. KABUSK:
that's a proper request at this particular time.
Yes.
Mr. Kabusk.
Your Honor, I don't believe
This
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Court can dismiss the appeal or sustain the appeal. If an
appeal is taken, then the Petitioner could request a
supersedeas. I don't believe now is the correct time to
be asking for that.
MR. HERSHEY: Maybe I'm putting the cart
before the horse, Your Honor. I think Mr. Kabusk is
accurate in his statement, and I guess what I would
indicate to the Court is that it would be my intention to
apply for a supersedeas in the event that PennDOT files a
notice of appeal. The Commonwealth Court normally would
ask me to make that request at the trial court level, in
any event. So I would have to come back here first.
THE COURT: All right. If there's no
further action requested by this Court at this time, the
proceedings are adjourned.
(Whereupon, the proceedings concluded at
2:32 p.m.)
CERTIFICATION
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.
Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
Date