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Home My WebLink About00-04961 " DEAN L. BEAR, Appellant VS. COM. OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, Appellee ,_ ,_, ~ c ~'_' =r.' -"~".~ '_''''~ '. ,. ",-, ""ON" .-~d.'-< ~.' '" -\ I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-4961 CIVIL CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL ORDER AND NOW, this -z.&~ day of September, 2000, further hearing herein is set for Thursday, December 7, 2000, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. Joseph Hitchings, Esquire For the Petitioner Dean L. Bear 1133 A Harrisburg Pike Carlisle, PA 17013 George Kabusk, Esquire For PennDOT :rlm BY THE COURT, y o 00 ~~ ~,}~ ~ "'l"~1~ , ' "",,, .. ;:ii.FD.'Oj~I~'ICE """I\"-'"'ARY ':;;c'!...:;,r;,..! -"'-,< fill"j t::r::-P?q ';/""I 8: 10 v _ l,..'~._ <_.. ~ '" C'I"".... .. .... "F)UN1Y UJ\!idti"lLi-\!\lU tIt... ! PENNSYLVANiA --, ._"" '_n"<~' ~_ ~",".~._~_,,,~, "~="'~"7~ ~ en,. ','0' ' "~~~!fM~~!'m!iIH,""f"""~'__~""''!'"'' " ,'-. --,' -_,-_,'-'.,_. -.", '~-",- ,"" ~"'_om ,-" '-"^"__",;:;'- ,,-,,;",-.- - "',.0.\' _" _'C-"l::O;_',~',', . ,"-,n '~: DEAN L. BEAR, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 00-4961 CIVIL CIVIL ACTION - LAW COM. OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, Appellee LICENSE SUSPENSION APPEAL MEMORANDUM OPINION AND ORDER Before the court is the appeal of Dean L. Bear from the suspension of his driver's license. He has received two notices of license suspension, the periods of suspension to run consecutive one with the other, as a result of two drug delivery convictions. The Department has suspended his license, in essence, for two first offenses (as opposed to a first and second offense). The convictions at issue stem from two drug deliveries on different days. The defendant pled guilty to both counts on January 11, 2000, and was sentenced to concurrent terms of probation. As authority for the proposition that the appellant should receive two suspensions in this case, the Department of Transportation points to Lauer v. Com.. Dept. ofTransp., 666 A.2d 779 (pa.Cmmwlth. 1995). That case does, indeed, stand for the proposition that any number of suspensions may be imposed consecutively for multiple "first offenses." In that case, according to the court, there was "no evidence supporting the finding that Licensee's three convictions arose from a single 'criminal episode' and therefore only merit a single suspension." Id. At 781. In Heisterkamp v. Dept. of Transp., 644 A.2d 262 (Pa.Cmmwlth. 1994). A former assistant district attorney was convicted of twenty-one violations of the Drug Act occurring over a seven- month period. The court affirmed a single suspension for a first offense holding that the violations had arisen from a single episode. ,"'-"- --~--. '>'-'-, "" .-" '-;-1;; ,-. --- -,-_-,'~",,; .,..~ ,," !!d 00-4961 CIVIL In this case, we were asked to take judicial notice of the defendant's convictions. The record is unclear, however, as to the extent to which we are to consider the facts underlying the plea. A cursory review of the official files suggests that both drug deliveries were to a confidential informant. The deliveries were ten days apart. There is no way of telling whether the deliveries were part of an ongoing relationship with the same confidential informant or whether the deliveries were otherwise part of an ongoing criminal episode. The state of the law in this area is, at best, unclear. In fact, Lauer, supra, and Heisterkamp, supra, can be read as being in conflict on the issue of whether multiple convictions, arising from the same criminal episode, can result in multiple license suspensions. Ifwe are to grapple with this issue, however, it should not be done with anything less than a clear factual . record. Accordingly, we will reschedule this matter for the purpose of taking additional testimony. At the initial hearing in this matter, Mr. Bear chose to proceed without the presence of his counsel of record. Given the sophistication of the legal issues which now present themselves, the appellant may wish to reconsider an appearance without his attorney. ORDER AND NOW, this Z 8.... day of September, 2000, further hearing herein is set for Thursday, December 7, 2000, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, 4CL: /I ~ /A. Hess, J. 2 ---".", ~-',"~ ---,:-,->,,~,;>~,;,- "_~'",<'_",,,,, 0';'1"'.',,:,',', ,,<,,;,-, '''~ 00-4961 CIVIL Joseph Hitchings, Esquire For the Petitioner Dean L. Bear 1133 A Harrisburg Pike Carlisle, PA 17013 George Kabusk, Esquire For PennDOT :rlm 3 SAlOIS, SHUFF & MASLAND A1TQRNBYS-AT-LAW 26 W. High SITeet Carlisle, PA .,c- IN RE: DEAN LAVERE BEAR License Number: 18397244 AND NOW this /g61 day of "q-'- ''''':''--'- - k',~~!S.': ~, __I, . :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :Civil Action - Law OO-~9t...f eod't-~ ~Ly. 2000, upon ORDER consideration of Defendant's Appeal from Drivers' License /.:d:; Suspension, a hearing thereon is set for the Jfl~JA. IA) f day of , drrD in Courtroom ~ of the Cumberland County Courthouse I D..;;6- 9': 07) q, If). " BY THE COURT: Ad ~~ R){.3 J. ,. "fl____ ,-" --,^ ~~.~ '. <--, ".-~'- n" Jill 1 q .)u ~ ~.,- "" D': Ii: I r:; .1ll'-' .... C' '1'--' """r ,/.,-"" tJ VlL1::n'u"\i GU0 ~ I -, PENNSYL\lAN;'~ c,,, -~- ~ '-,'.~, '-"-' ~. ~:i!I[r!lif"" ~ ~ J!1>T ,,11 _ '_~._YJ' ~,-_,<u,","",- -"" """'~~" . .JU _. SAID IS, SHUFF & MASLAND ATI'ORNEYS-AT-LAW 26 W. High Street Carlisie, PA ~! IN RE: DEAN LAVERE BEAR :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : civil Action - Law License Number: 18397244 APPEAL FROM DRIVERS' LICENSE SUSPENSION AND NOW, comes Dean Lavere Bear, by and through his undersigned attorneys, Saidis, Shuff & Masland, and appeals the driver's license suspension dated June 13, 2000, and avers in support thereof as follows: 1. On January 11, 2000, Dean Lavere Bear, entered a guilty plea to the charges of unlawful delivery or possession of a controlled substance in full satisfaction of all outstanding charges against him. 2. On January 11, 2000, Dean Lavere Bear was sentenced to pay costs of prosecution, restitution, fine and undergo 23 months of supervised probation; everything to run concurrent. A true and correct copy of the Court Sentencing Order is attached hereto, incorporated herein by reference and marked as Exhibit "AU. 3. On January 25, 2000, Mr. Bear received notice of the driver's license suspension for a period of six (6) months. His license was suspended and he served the suspension period. 4. On June 13, 2000, Mr. Bear received another notice of license suspension advising that his license would be suspended for a period of 6 months effective August 29, 2000. II < SAIDIS, SHUFF & MASLAND ATrORNEYSIATlLAW 26 W. High Street Carlisle, PA '~I '-,:., ,,,,,---'-,,, y. ,- ',,'-.'-~-,-' , !~.3; A true and correct copy of the Official Notice of Suspension from the Department of Transportation is attached hereto, incorporated herein by reference and marked as Exhibit "Bu. 5. Pursuant to 75 Pa.C.S.A. 3 1532(c), Mr. Bear should only have received one six (6) month license suspension. WHEREFORE, Dean Lavere Bear, respectfully requests that this Court grant his appeal, and reverse the suspension notice sent out by the Department of Transportation to be effective August 29, 2000. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date 7-()-OD seph L. Hitchings, quire Attorney I.D. No.: 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Dean Bear 2 II .' SAlOIS, SHUFF & MASLAND ATI'ORNEYS-AT.LAW 26 W. High Street Carlisle, PA ,~" ",'-' ";;j ,,' ~"-,_ J___i-'_',__ '"-,,. -"i"j" '~'. VERIFICATION I verify that the statements made in the foregoing Appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ,I II 1.'1 ~i I l) - /'2.. ~ aU ~l\~ DATED: Dean L. Bear 'I II '" COlYiMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-2092 CRIMINAL TERM CHARGE: UNLAWFUL DELIVERY OR V MANUFACTURE OR POSSESSION WITH INTENT TO DELIVER A SCHEDULE I, CONTROLLED SUBSTANCE AFFIANT: DET. DANIEL PEIPER OTN: E923215-6 99-2093 CRIMINAL TERM CHARGE: (1) UNLAWFUL DELIVERY OR MANUFACTURE OR POSSESSION WITH INTENT TO DELIVER A SCHEDULE I, CONTROLLED SUBSTANCE AFFIANT: DET. DANIEL PEIPER DE.~ BEAR OTN: E923214-5 IN RE: GUILTY PLEA & SENTENCING ORDER OF COURT AND NOW, this 11th day of January, 2000, the defendant, Dean Bear, having appeared in open court together with private counsel, Joseph Hitchings, Esquire, and tendered pleas of guilty, the pleas of guilty are accepted and recorded in full satisfaction of all charges alleged, Sentence of the court is that the defendant pay the costs of prosecution, make restitution in the amount of $525.00, and that he pay a fine of $125.00 on each count, and on both charges, jointly and severally, said sentences to run concurrent one with the other, that he undergo supervised probation for a period of twenty-three months. By the Court, EXHIBIT ~ ;jl U. :l~ ""':'~;'\ - COMMONWEALTH V. DEAN BEAR John Ahom, Esquire Assistant District Attorney Joseph Hitchings, Esquire For the Defendant Probation Victim-Witness Office :bg COMMONWEALTH OF PENNSYLVANIA I1E'PARTMI:JliT-"OF""TRANSPORTAT 10 N Bureau of Driver Licensing Mail Date: JUNE 13, 2000 D-EAf't.XA.VEREBEAR 1133 A HARRISBURG PIKE WID. 001587374740126 001 P..R.O.CES.S-If'tG:rDAT E. . Oh/ObJ(20qQ,"'"..... DRIVER LICENSE * 18397244 _.~~ DATE OF BIRTH 12/11/1958 CARLISLE PA 17013 LICENSE IN BUREAU Dear MR. BEAR: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 01/11/2000 conviction of violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act, on 03/15/1999: . Yo:ur,' driving. privilege. is SUSPENDED for a period of. 6 MQNTH(S) effective 08/29/2000 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, 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. Important: 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. ( . . ~ >d~_=~' _ 001587374740126 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, JUNE 13, 2000. I~ you ~ile an appeal in ~he Coun~y cour~, ~he Cour~ will give YOU a ~ime-s~amped cer~i~ied copy o~ the appeal. Send this time-stamped cer- tified 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 OFFICIAL NOTICE OF SUSPENSION. Sincerely, .~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Dr~ver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-460lL 717-391-6I90 1-800-228-0676 717-391-6191 "~ ~ = ---.- I . "~-~ ". "I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 06/06/00 DEAN LAVERE BEAR 1133 A HARRISBURG PIKE DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 18397244 12/11/58 03/01/01 CARLISLE PA 17013 Dear MR. BEAR : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. PROOF OF INSURANCE -Within 30 days of your ELIGIBILITY DATE, provide a copy of one of the following to PennDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance 10 card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PennDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. ~-~ . ~- ~- . . .ISE NO. : 18397244 . . . PAGE 2 TERM SUSPENSION/REVOCATION -Y?U have.a 6 MONTH(S) suspension/revocation that began (or w~ll beg~n) on 02/29/00. Credit for serving this suspension/revoca- tion began (or will begin) on 02/29/00 and will end on 08/29/00. The suspension/revocation resulted from a violation on 03/25/99 of Section 13A30, DELIVERY OF CTRL SUB TERM SUSPENSION/REVOCATION -You have a 6 MONTH(S) suspension/revocation that began (or will begin) on 08/29/00. Credit for serving this suspension/revoca- tion began (or will begin) on 08/29/00 and will end on 03/01/01. The suspension/revocation resulted from a violation on 03/15/99 of Section 13A30, DELIVERY OF CTRL SUB J I I " ~ 'i , !: " This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADPRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PennDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 03/01/01. MAILING ADDRESS: PennDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 SAlOIS, SHUFF & MASLAND ATI'ORNEYS-AT.LAW 26 W. High Street Carlisle. PA ,. ','.,.. ", ~,i ~ ,'''-' ",,",~,';:':: -,' - '"- < ---~, ~; - -, - " . . . CERTIFICATE OF SERVICE On this 12th J~ 1 20@r If day of hereby certify that I served a true and correct copy of the foregoing Appeal upon all parties of record via United States Mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 SAIDIS, SHUFF & MAS LAND By~~lJ,~~ ,0.,'-',- ""'-ii!illJjli!lioY.i!it'nl~~~hIl~~k\!';-~lf>l <~~""~'Ifi,"' . ,-,~,- ,. , ,__,'~ ,~.~j'k'"~~~'" ~ ~' ,"' ~~4!rl~ ~~~~~ ~~ ~ _I ~J (;j ~ t? ~q. ~ . . 93U:: {;~ ~~~;~ ; -",. \'~::" ~,~:: ;s-t;: z ~ ",.'_i, o c ~-,_. ~."- , ::~~ '::> '-._- I:~ -c) . . ~.'d ::> (}"j ~;::~ ~'i) ""' , , " " ~ 'lil~ilfnlllE,' , ,. DL-32Q (9/95) CERTIFICATION DATE: July 25, 2000 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF ".,. I THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ~1~ BRADLEY L MAl:lORY,S~CRETARY OF NSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COpy OF: 1) Official Notice of suspension dated & mailed 06/13/00, effective 08/29/00; 2) Report of the Clerk of Court of CUMBERLAND County, convicted 01/11/00, seal attached to original; 3) Official Notice of suspension dated & mailed 01/25/00, effective 02129/00; 4) Report of the Clerk of Court of Cumberland County, convicted 01/11/00, seal attached to original, and 5) Driving Record, which appears in the file of the defendant DEAN LAVERE BEAR, operator's no. 18397244, date of birth 12/11/58, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. 996103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. <R~~. SEAL Commonwealth's EXHIBIT REBECCA L. BICKLEY, DIRE T R BUREAU OF DRIVER L1CENS G ) m'i? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 13, 2000 DEAN LAVERE BtAR 1133 A HARRISBURG PIKE WID' 00\S67374740\2b 00\ PROCESSING tATE Ob/Db/2DOD DRIVER LICENSE' 163'7244 DATE Of BIRTH 12/11/1'56 CARLISLE PA 17013 lICENSE IN BUREAU Dear MR. BEAR. This is an Of~ici81 Notice o~ the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 01/11/2000 conviction of violating Section 13A30 of the Controlled SUbstance, Drug, Device and Cosmetic Act. on 03/15/1999. · Your driving privilege is SUSPENDED for. period ~ 6 MONTH(S) effective 08'29'2000 at 12:01 .... This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension. ve viII send you a letter asking that you prOVide proof of insurance at that time. This letter viII list acceptable documents and vhat viII be needed if you do not ovn a vehicle registered in PennsYlvania. rmportant: 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. . ~\ -~ ", ~ ' )jj. 001587374740126 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) vithin 30 da!fs of' the mail date of this letter. JUNE 13, 2000. rf!fou file an appeel in the County Court. the court will give you. tt.e-st.-ped certified CoPy ~ the eppeal. Send this ti.e-sta.ped cer- tified COpy of the appeal by certified .ail tOI PENNSYLVAN:EA DEPARTMENT OF TRANSPORTATmH OFFrCE OF CH:EEF COUNSEL TH:ERD FLOOR. RrVERFRONT OFF:ECE CENTER HARRISBURG. PA. 17104-2516 Re.ember, this is an OFFIC:EAL NOTICE OF SUSPENSION. Sincerely, ~'S.~ Rebecca l. Bickle!f, Director Bureau of Driver licensing SEND FEE~lICENSE/Dl-16lC/TOI I Depart.ent of Transportation , Bureau of Driver licensing P.O, Box 68693 Harrisburg, PA 17106-8693 INFORMATION (71~0 IN STATE OUT-Of-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9100 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 . -....".... ""~" > f!~iJi.~ 00158 7374740126 D!Ijt.. . ..'^ .'.~ .'AcM . ~~ ~~ ~ REPORT OF A COURT SHOWING THE CONVICTION OF CERTAIN VIOLATIONS OF THE CONTROLLED SUBSTANCEt, DRUG, DEVICE AND CO~METIC ACT Court Information Mag. Dist. No: Court of Common Pleas County of CUMBERLAND Number Year OTN 2093 1999 E9232145 AMENDED RPT Name BEAR DEAN Defendant Informati n (lease e) Sex Operator No. 18397244 M Social Sec. No. License Plate No. Check if Conunercial State PA 184-48-3477 State Vehicle Driven Address 1133 A HARRISBURG PIKE Cit tARLISLE State Zip Code PA 1. 7013 VIOLATION INFORMATION Dat Month 12 of B'rth Dr! Year 1958 Date of Viola ion Date 0 Convi tion Date License Acknowledgement Surrender d to Court Month Day Year Month Day Year Month Day Year 3 15 1999 1 11 2000 VIOLATION COMMITTED: (Please use a se~rate Date of A mlittal/Nol e Pros. form for each c rge): Month Misdemeanor Felony X Day Year - - 35 P.S. 780-113 Controlled Substance, Drug, Device and Cosmetic Act (a) (1) (a) (12) (a) (16) X (a) (30) (a) (31) (a) (36) NOTE:: This form is only to be used for reporting the above listed violations of the Controllea Substanc~.t.. Drug, Device and Cosmetic Act whether or not a motor vehicle was USISU. If a motor vehicle was essentially involved you must ALSO submit form DL-21B. The undersigned certifies that the foregoing is a certified record. SEAL 1/12/2000 ------------ ---------------- Date Certified SEND TO: Bureau of Driver Li i, P.O. BOX 60037 Harrisburg, Pennsylvania 17106-0037 -to- <" ~-" M ' COMMONWEALTH OF PENKSVlVANIA DEPART"ENT OF TRANSPORTATION Bureau of Driver licensing Hail Date. JANUARY 25, 2000 DEAN LAVERE BEAR 1133 A HARRISBURG PIKE CARLISLE PA 17013 WID' 00016bl14767SbO 001 PROCESSING DATE 01/11/2000 DRIVER LICENSE. 163'72~q DATE Of BIRTH 12/11/1'S8 Dear MR. BEAR: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code, As a result of your 01/11/2000 conviction of violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act, on 03/25/1999. · Your. driVing privilege is SUSPENDED for e p.riod ~ 6 MONTHCS) eff.ctiv. 02'29'2000 et 12:01 ..., Before PennDOT can restore your driving privilege, yOU Bust fol1ov the instructions in this letter for CONPL YING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PRDVIDING PROOF OF INSURANCE. You ehould follow ALL Instructions V.I'II c....fully. Iv.n if you ".v. ..rv.d .11 the tiM on the 8u8p.nsion'r.vocetion, we cennot r..tor. your driving priv- il.ge until all the requirements sre satisfied. f COMPLYING WITH THIS SUSPENSION You Bustlreturn all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (casera cards) in your posseSSion on or before 02/29/2000. You say surrender these items before, 02/29/2000, for earlier credi t; hovever, yOU may not dr i ve after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDINTSFICATION PURPOSES, However, YOU lIay apply for and obtain a photo identification card at any Driver license Center for a cost of .9,00. You must present two (2) forlls of proper iden- tification (e.g" birth certificate, valid U.S, passport, Marriage certificate, etc.) in order to obtain your photo identification card. You will no~ receive credi~ toward servi.ng any suspensi.on until we recei.ve your 1icenseCs). Complete the folloving steps to aCknovledge this suspenSion. *~ " ~ " 000186114181560 1. Return all current Pennsylvenia driver's lieen.e.. learner's permits andlor callera cards to PennDOT. If YOU do not have any of these items, send a svorn nota- rized letter stating you are avare of the suspension of your driving privilege. You lIust speCify in your letter vhy you are unable to return your driver's license, Rellellber: You lIay not retain your driver's license for identification purposes. Please send these itells to: Pennsylvania Department of Transportation Bureau of Driver licensing P.O. Box 68693 Harrisburg, PA 11106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's perllit(s). and/or a sworn notarized letter, PennDOT viII send YOU a receipt con- firlling the date that credit began. If YOU do not re- ceive a receipt from us within 3 veeks, please contact our office. Otherwise, you will not be given credit tovard serving this suspension. PennOOT phone nUllbers are listed at the end of this letter. 3, If you do not return all current driver ltcense pro- ducts. ve lIust refer this lIatter to the Pennsylvania state Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PAVING THE RESTORATION FEE Vou lIust pay a rutoration tee to PennDDT to be restored from a suspension/revocation of your driving privilege, To pay your restoration fee, cOIIPlete the fOlloving stepsl 1. Return the enclosed Application for Restoration. The allount due is listed on the application. 2. Write your driver's license nUllber (listed on the first page,) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. ~~ G! 000186114787560 PROVIDING PROOF OF INSURANCE Within the last 30 days ~f your suspension, ve viII send yoU . ,lottlr "kSn, that yOU provide proof of ingur,n,. at thot tt.., Thts l.tter viii list acceptable docua.nts and what will be needed if you do not own a vehicle registered in Pennsylvania. X~ort.nt: Please .ake sure that PennOOT is notified if yoU move from your current address. You may notify PennOOT of your address Change by callin, any of Ule phone nua.or. listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Com.on Phas (Civl1 Division) vithin 30 days of the ..11 date of thh letter, JANUARY 25, 2000, If ...u f11..n .......1 in the Count.. Court, the Court will give you e ts.e-et.-ped certified CoPY of the appeal, Send this ti.e-st.eped cer- tified COpy of the appeal by certified .ail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATXON OFFXCE OF CHXEF COUNSEL THIRD FLOOR, RXVERFRONT OFFXCE CENTER HARRXS8URG, PA. 17104-2516 Reme",ber, this is an OFFXCXAL HOTXCE OF SUSPENSION. Y',u must return all current Pennsylvania driver license products to PennDOT by 02/29/2000. Sincerely, ~~.~ Rebecca L. Bickley, Director Bureau of Driver licensing SEND FEE/lICENSE/Dl-16lC/TO: Depart.ent of Transportation Bureau of Driver licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7100 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-Of-STATE AM TO 9:00 PM) 1-800-952-"600 717-391-6190 1-800-228-0676 717-391-6191 . "~, '[j ~,-- " ~.;f...nJ!j_.. '.' &;, "" '.' ~i ., _ ":- . _ ," ' 17 ~ t & w. f. , ~~; !i ~~ ~r.. t' ~.. Cit~ISLE ~. ~~ ~: -r ,~t.. ion .,~ 1 i I 18.-48~: " I R'-:.i ~ ~;..~W; i.,~i t3if.,tr I~ l+rr IYfft, f;! 1 ' ,'.1, t 2092 199t 89232156 Date of Viola ion , Month Day! Year i I I I Def.,.cJapt InfGallltiOD .4 :: DEAN ! 7~io. 1133 A HARRISBURG PIl<B ~ .1~ . ~ " I I I I I Month' D1ay 3 25 1999 1 11 2000 , . VIOLATION COMMI.. T'1'BD: (11.... "" ,e 8eDant4tt... . Misdel\le~ Fet: fOf e8Cb.....J: . 111 ,- i - 35 P.S, 780-113 ,I Controlled SUbstance, Drug, Device and Cosmetic Act: I I NOTE, This form iS~' ~ ~ _.., _.' ; of the Contro ,Drag, lDevtr:Ii GIllIe, not a lIlOtor ole ... . . I If a lIlOtor vehicle ... essentially iInrolfild ... aaet: DL-21B, I I I i ,TIle undersi-ed certifi~s tbat the foregollag 18 . Cllllfttfied , ~~ i SEAL 1m IU>'l' VIOJ.!M'IOII ~ y.... " Date c> y.... 'i (al (a) (a) (1) (12) (11) x - (Ill Cat (aJ - - ~~ ',-, , '( , ,r. :i " .; ;.~ ';:\ . ,f, '" ... . . --.~---------T ..'$JIl9D TO: D~eu of Dri~:r LiC8lle. . ill91 p...9." 600a' I r ,. iSburg, petlII8YlvatJ.ia 71_-003'7 ' , I I . . '. . .,,' ' ~ I I "i- >_" 1/12/2000 - oai; -o;rtiii..- *4 I , _.~~, , ^ L ~ 0 . ., .,.', PAGE 1 .. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY JUL 19 2000 DRIVER: DEAN LAVERE BEAR 1133 A HARRISBURG PIKE CARLISLE, PA 17013 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 18397244 : DEC 11 1958 MALE REG LIC/ID DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES : C M DEC 17 DEC 31 CpL LICENSE CLASS ,q;>51Jif~lCENSE ISSUED "",.CDL"J:.!lJ[ NSE EXPIRES NTS ONS RMITS ATUS ::Y" . : MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS . . : NONE : NONE . . . . SUSPENDED . . l1i:l:CENSE (PL) . . : I~TED LICENSE (OLL) ~~~---------------- ":t.~;Z ~S 9SUED EXPIRES STATUS : *** CONTINUED *** tS _.,~.- ~h I PAGE 2 CERTIFIED DRIVING HISTORY - JUL 19 2000 - LICENSE NUMBER 18397244 CONTINUED -------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: AUG 13 1978 VEHICLE CODE: 3714 RECKLESS DRIVING AUG 24 1978 ASSIGNED POINTS , !iL!I+::'::;' 3:fl:~ ,:'," RESTORAfidkJ,~,;;'~iBrl_!iM~ft~~:;{~EB " ft~':' ;,//1 "~-'t";+0">;;:>.':!:;:'GJTt7~^ ::n:~,T(l::,^' 'I; , JON 02 1982 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 068 MPH IN A 055 MPH ZONE JON 10 1982 ASSIGNED POINTS 21 1979 *** CONTINUED *** ,,"c -~ ", c_ . -"" ""~- PAGE 3 CERTIFIED DRIVING HISTORY - JUL 19 2000 - LICENSE NUMBER 18397244 CONTINUED , VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: MAR 17 1992 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 064 MPH IN A 045 MPH ZONE MAR 19 1992 ASSIGNED POINTS DEC 02 1993 <" iF VEHICLE CODE:";i33i~~ir EXCEEDING ,~, ilIu' 067 MPH~id~' DEC 13 " POIN "'r994 1994 DEC 19 1997 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 068 MPH IN A 035 MPH ZONE JAN 05 1998 DEPARTMENTAL HEARING *** CONTINUED *** - ,,,,..~ ~~ --, 'He:: PAGE 4 CERTIFIED DRIVING HISTORY - JUL 19 2000 - LICENSE NUMBER 18397244 CONTINUED ACTION: ACTION: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: SUSPENSION AS A RESULT OF HEARING SUSPENSION FOR 15 DAY(S) EFFECTIVE MAR 17 1998 OFFICIAL NOTICE MAILED FEB 24 1998 RESTORATION OF OPERATING PRIVILEGES APR 01 1998 t-__-,;-' 29 2000 29 2000 -:{""';; ----------------------~~~~ REPORT ,pip! '-'- - ;k!-j;:;-;~\;;-:-; - ,_" ;:_ -----------------: :~~;i~---------------------- A#S"AND',9fi,:PAlW ;:,~"';'<'fIONS '47;;- ""'ffffYPtffflgMJt#rJf4;1ft-1lFi1JffE'-=:" 't:( 'ij_~ ;;t~::~We~;:;;7;~:;~::<:;~1ft=-~~,7j;::7f_~f""------------------------- ; ~ .; /t-.}; NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD *** CONTINUED *** '''''-'~'~ - ~ - 1 ~ "",\_1 PAGE 5 CERTIFIED DRIVING HISTORY - JUL 19 2000 - LICENSE NUMBER 18397244 CONTINUED ~ -------------------------------------------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS -------------------------------------------------------------------------------- NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** ""'""""""~-_._- ~ .~ . '"' - ---.,""'~ ,," . ~mLi'+ PAGE 6 ; CERTIFIED DRIVING HISTORY - JUL 19 2000 - LICENSE NUMBER 18397244 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, SEAL 19 2000 COMMONWmm- I HEREBY C BUREAU OF D OFTRANSPOR LICENSING R THE DIREQlI10 ,; , OF THE O~ OF THE AB~ ~ ~;;~1~;' IN OF AND SEAL ,1'.11 {i")li~.:; srNcEtmr;y, ~ SECRETARY OF TRANSPORTATION SEAL - .' , . ,~' ~',= -"-" . - ~,; DEAN L. BEAR, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-4961 CIVIL TERM CIVIL ACTION - LAW COM, OF PENNSYLVANIA, DEPT, OF TRANSPORTATION, Appellee LICENSE SUSPENSION APPEAL IN RE: APPEAL OF DRIVER LICENSE SUSPENSION ORDER OF COURT AND NOW, this 7th day of December, 2000, the record having been supplemented in this case, counsel are given 20 days within which to file legal memorandum. By the Court, ;1/. J. George Kabusk, Esquire For the Appellee CopHN' md! ~ IJ./II /ro ~ Jason Kutulakis, Esquire For the Appellant :mae ~. , "~ --, -"=-~ ~~- ,,-. "> G:~ Cj .ET,l~C(F:''GE ,"~ :--i:=~T!-_f(\\.f( :iTAFiV GO DEe '"[3 Pi'! IZ: S6 CUMBEBuVvO cOUNTY PENNSYLVANIA '~r J.liI_I!UI J"'~ ". ....,~:"'~~ ~~ ~~!IJ'!iO~''l\~H~ ., '''Il~~ ," L " ., .. ,- ' 'j;;;,., Drvn ~~ In the Court of Common Pleas of Cumberland County, Pennsylvania VS. &n. /} PA No. tJ~- I.(q{,,/ Civil. 19 <J1a,Q: ,~ ~ "r'..-.!r ~, J)~ &rrr. ~~l!cnJ I To Prothonotary Attorney for Plaintiff I:::.du....L?- uS iti'~'~ ~~lI!~~il~"~~~fIliliiiiii~~ ::......- FILED-Oi:FiCE or . '__ 0:'~"~}T.+=jr\j()T,l\RY 00 DEe - 7 At, 9: 02 CUMBERLAND COUNlY PENNSYLVANIA _'_'1.' ," ^ ,~._,,",_e , _~ " ,.,. .~.. ~~, ~-,"_ ,,__ ~__~ " - _.,. ,"" ~L , .. 1IIi!IlI~-' r- IiIIIIlIIIiIIoOlW - No. Tenn, 19 _ vs. PRAECIPE Filed 19 . Ally. t'e " . ."", -~- ~ - ~ - ~." "" ~ "" -~j DEAN 1. BEAR, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-4961 CIVIL COM. OF PENNSYL VANIA, DEPT. OF TRANSPORTATION, Appellee CIVIL ACTION - LAW IN RE: APPEAL FROM LICENSE SUSPENSION ORDER AND NOW, this Z 3 ~ day of January, 2001, the appeal of Dean 1. Bear from the suspension of his driver's license is DENIED. BY THE COURT, Jason Kutulakis, Esquire For the Appellant :r1m ~~:y> D\ 06'( \,CJ.~-..\? o A--~ George Kabusk, Esquire For PennDOT ~,,-~-o " , .'. ~ OJ: ri\ r.:j"),{\':flr;r-: -'1' ,:_'~,~:(,~~~', ;/':":\7;,\'TAli,Y ':' ::- ~',-';'-c;; ,"'";"/';..) l-t'\Il 01 Jf\N 23 MW: l.d. CUMBEf\\.Af~D COUI\;'T'( PENNSYLVANV\ ~ ~_ ,......._ 1JIIIII:8'RIil~~~j"!''''~,,~:w'''~~~__~ .c~~""'~_,~~ ~~,~" ~ ,-:.,,- . ~ -~..... - (0;;,,0: DEAN L. BEAR, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-4961 CIVIL COM. OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, Appellee CIVIL ACTION - LAW IN RE: APPEAL FROM LICENSE SUSPENSION OPINION AND ORDER This is an appeal from the action of the Pennsylvania Department of Transportation suspending the motorist's driver's license for two consecutive six-month periods. On January 11, 2000, Mr. Bear pled guilty to two counts of the unlawful delivery of a controlled substance. He was given concurrent sentences. On January 25, 2000, the Department of Transportation (the Department) notified him that his driving privilege was being suspended for a period of six months as a result ofa conviction on a count of unlawful delivery. On June 13,2000, Mr. Bear was notified that his driving privileges were being suspended for an additional six months as a result of a conviction on a second count. The two counts arose out of incidents which were ten days apart and arose out of drug buys that were initiated by the same confidential informant. The question in this case is whether the appellant should suffer multiple suspensions as a result of drug convictions arising out of what is, arguably, the same criminal episode. In Dept. of Transp.. Bureau of Driver Licensing v. Perruso, 160 Cmwlth. 49, 634 A.2d 692 (1994), Perruso was arrested for possession of marijuana and possession of hallucinogenic mushrooms as a result of a traffic stop. He pled guilty to two counts of a violation of the Drug Act whereupon the Department attempted to suspend his license for two consecutive periods. The court concluded that the license suspension statute was an "enhancement statute" the purpose of which was to deter repeated conduct. Moreover, the court found that Perruso's V' ,=.~....' "~~_, 00-4961 CIVIL convictions resulted from a single criminal episode. Because there was, in essence, a single act and Perruso had no prior convictions, the imposition of a second suspension was deemed to be inappropriate. In Heisterkamo v. DOT, 165 Pa.Cmwlth. 128,644 A.2d 262 (1994),1 Heisterkamp was arrested for forty-two counts of drug and theft charges. While employed as a district attorney in Dauphin County, she stole drugs from the evidence room multiple times over the course of approximately eight months. The Department forwarded twenty-three notices which would have resulted in the suspension of Heisterkamp's driving privileges for a period ofthirty-nine years. In Heisterkamo, the court reaffirmed the notion that statutory provisions for more severe penalties for subsequent offenses are enhancement provisions and that the deterrent effect of an enhancement statute is not activated until after the first conviction. Only then, presumably, is the offender aware that further offending behavior will lead to more severe penalties. The court concluded: Relying on the holding in Perruso, we expanded our decision in Department of Transportation, Bureau of Driver Licensing v. Hardy, Department of Transportation, Bureau of Driver Licensing v. lancos, 160 Pa.Commonwealth Ct. 427, 635 A.2d 230 (1993). In Hardy, licensee Hardy was arrested on May 3, 1990, and charged with possession of cocaine in violation of Section 13(a)(16) of the Drug Act. Prior to a conviction, on March 12, 1991, he was again arrested and charged with possession of cocaine. Similarly, licensee Lancos was arrested and charged with possession of cocaine on January 16, 1991, and three days later was again arrested and charged with possession of cocaine. Neither Hardy nor Lancos had prior convictions under the Drug Act. Finding that both hardy and Lancos were only to have a 90 day license suspension imposed for a first offense, we I Decided by a three-judge panel of Judges Pellegrini and Friedman and Senior Judge Lord. 2 " ~, ,'-- "-' ~~-i , ! 00-4961 CIVIL held that even when a licensee violates the Drug Act on different days, if the violations arise from one "episode," i.e., the same actions on different days, and the licensee has no prior convictions arising from a single criminal episode constitute a first offense under Section B(m) of the Drug Act. Applying the reasoning and holdings of Perruso and Hardy to this case, we find that the appropriate penalty for Heisterkamp's conviction, albeit on 21 counts for violations over a seven-month period, was a suspension for 90 days for a first offense. She had no prior convictions under the Drug Act, and her repeated acts oftaking cocaine from the evidence locker were the result of one continuous criminal scheme or one criminal "episode." Because Heisterkamp previously surrendered her license on November 30, 1992, and it was held by DOT until February 28, 1993, pursuant to the trial court's grant of a supersedeas effective until that date, her license was suspended for the requisite 90 day period for a first offense. Id., 644 A.2d at 266-67. Ifwe apply Heisterkamo to the instant matter, it is clear that the motorist is entitled to relief. The inquiry, however, carmot yet be concluded. In Brosius v. Com.. Deot. of Transo.. Bureau of Driver Licensing, 664 A.2d 199 (Pa.Cmwlth. 1995),2 the court again dealt with a situation where a motorist had pled guilty at the same time to separate charges in violation of the Drug Act. In this case, the court cited language from the Supreme Court opinion in Com. v. Williams, 539 Pa. 249, 642 A.2d 283 (1994), In Williams, the Supreme Court said that the recidivist philosophy was only a tool in interpreting ambiguous statutory language as opposed to a constitutional principle or mandate, Quoting from Williams, the court in Brosius noted that "[I]f the legislature enacts a statute which clearly expresses a different application, the 'recidivist philosophy' possesses no authority which would 2 A three-judge panel consisting of Judges Doyle, Friedman and Senior Judge Narick. 3 - - ~, ~-~iJ('i I I 00-4961 CIVIL override clearly contrary statutory language." rd., at 201. The court in Brosius went on to say, in pertinent part: Subsequent decisions in Department of Transportation, Bureau of Driver Licensing v. Hardy, 160 Pa.Commonwealth Ct. 427, 635 A.2d 230 (1993) and Heisterkamp have expanded the concept of a "single act" which gives rise to a first offense, to include offenses which involve identical factual scenarios perpetrated on different days, that result in multiple identical Drug Act convictions. These holdings were founded upon the conception that recidivist penalty statutes preclude the imposition of more than one penalty. However, as we are reminded by Williams, the "recidivist philosophy" is not to be exalted over the plain language of the statute. Thus, even though the enhancement effect of Section l3(m) may not be used to punish a second offense which is committed before conviction of the first offense, the language of the statute nevertheless requires the imposition of multiple suspensions. Therefore, we now hold that when a second offense is committed before the conviction occurs on the first offense, or the [mal judgment of conviction for multiple offenses occurs at the same time, and, the licensee does not have other extant drug convictions, all convictions will be deemed to be "first offenses" mandating separate and consecutive terms of suspension. Subsequently, in the case of Lauer v. Dent. of Transn.. Bureau of Driver Licensing, 666 A.2d 779, the court applied the holding in Brosius to a situation where the licensee sold cocaine to an undercover police offIcer on three separate occasions six days apart (a situation almost 4 ..~ ~.-- ---~ - -~-'-l..'Itt""i ! 00-4961 CIVIL identical to the matter sub judice). Consistent with its decision in Brosius, the court upheld three consecutive license suspensions for "first offenses." As he did in the Brosius case, Judge Friedman dissented taking the view that the licensee in that case had been involved in offenses which constituted a single criminal episode. Judge Friedman then opined that the result in the case should have been governed by Heisterkamp, "a case inexplicably ignored by the majority." It was because of the seeming inconsistency between PerrusolHeisterkamo and BrosiuslLauer that we set a hearing, in this case, for the purpose of determining whether the defendant was involved in a single criminal episode. We are satisfied that he was. We are also satisfied, however, that the most recent holdings of the Commonwealth Court require us to sustain the actions of the Department. Unlike previous opinions on this subject, the Lauer case was authored by seven judges of the Commonwealth Court with Judge Doyle, author of the majority opinion, speaking for five of its members. We believe that the Commonwealth Court has repudiated the application of the recidivist philosophy to license suspensions, at least as that philosophy was announced in Heisterkamo. ORDER AND NOW, this Z 3<1 day of January, 2001, the appeal of Dean L. Bear from the suspension of his driver's license is DENIED. BY THE COURT, 5 00-4961 CIVIL Jason Kutulakis, Esquire For the Appellant George Kabusk, Esquire For PennDOT :rlm 6