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HomeMy WebLinkAbout01-0131STANLEY SHANNON V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C!- /3/- &".l -rt,o.- LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Stanley Shannon, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Stanley Shannon, is a Pennsylvania licensed driver with a residence address of 15 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 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 December 18, 2000 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on November 28, 2000 at 12:01 a.m. for a period of one (1) year for a violation of Section 3731 of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. The proposed suspension is illegal, improper, and invalid for some or all of the following reasons: a. Timely post-sentencing motions have been filed in Cumberland County and the trial judge has 90 days to dispose of those motions from November 28, 2000. b. Petitioner's conviction for driving under the influence will be appealed to the Superior Court of Pennsylvania if the trial court denies post-sentencing motions. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and reinstate Petitioner's driving privileges until such time as the appellate courts of Pennsylvania have reviewed his conviction from November 28, 2000. Respectfully submitted, MANCKE WAGNE:R HERSHEY & TULLY Dater gy ?'Z Da "-e;rshey, Esquire I . D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 a CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHEY & TULLY, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing raaccopy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the5J day of January, 2001, at the address listed below: George Kabusk, Esquire PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 By J? TI j 4? 6 tN ammy L. Kelly MANCKE WAGNER HERSHEY & TULLY 3 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 : f?,- I- l~ 0 0 4 COMMONWEALTH OF PENNSYLVANIA ---- DEPARTMENT OF TRANSPORTATION ---- Bureau of Driver Licensing Mail Date: DECEMBER 18, 2000 ---- STANLEY dAY SHANNON WID t 003466112608500 001 15 SOUTHSIDE DR PROCESSING DATE 1211112000 DRIVER LICENSE # 16628724 NEWVILLE PA 17241 DAVE OF BIRTH 11/22/1954 LICENSE IN BUREAU Dear MR. SHANNON: This is an official Notice of the Suspension of your Driving Privilege as authorized by•Section 1532B of the. Pennsylvania Vehicle Code. As a result of your 10/13/21100 conviction of violating Section 3731 of the, Vehicle. Code DRIVING UNDER INFLUENCE on 12/08/1999: As a result of your.conviction for driving under the influ- ence, 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 30 days before your eligibilty date. ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11/28/2000 at 12:01 a.m. WARNING: If you are convicted for driving while your 1 I license is suspended,.the penalties will be: a MINIMUM I I of 90 days imprisonment AND a 1,000 -Fine AND your I I license will be suspended for 1 year. ! Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. • EXHMT a 003466112608500 Additionally, the Court of CUMBERLAND CTY, Court Number 484, Court Term 2000 has sentenced you to serve a prison term for this violation. Pursuant .to Section 7L541.(a.1) of the Vehicle Code, you will not. receive credit for this suspension/revocation . or . , any additional suspension/revocation, until yo'u co'm'plete' your prison term. The Court"must certify your' completion`?to` PennDOT. You may wish'to contact your probation officer'and/or the Court'af- ter your release to.make sure that PennDOT.is properly no- tified,, Additionally, pursuant to Section 1548(d) of the Vehicle Code;-the Court of•CUMBERLAND•,CTY<•, Court Number 484, Court Term 200.0 has ordered'ybu • to a•tt•end 'ar treatm:ent'', program for alcohol =or -drOg addict ion.*- -As, 'a result of the court order, this suspension/'revo`cation ''shal'l remain in effect until' the Department' is' n'otified? `by• the above ' Court that` you have successfully completed treatment an.d'you are otherwise eli- gible for.restoration,'of•your.driving,privilgge. PAYING,THE RESTORATION FEE You must pay a..,r.estoration fee to . PennDOT. to ,be ; restored from asuspension/revocationi.of.,your,,,driv:Lrig,privilege., To : pay your restoration fee, complete the ,following•steps 1. Return the enclosed Application for Restoration. The amount'due?is listed on the application. 2. Write your driver's license number (li=sted 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. PROVIDING PROOF Within the .last a letter asking time. This let will be needed Pennsylvania. OF INSURANCE 30 days of your suspension, we will send you that you provide proof:.of insurance at that ter will list acceptable documents and what if you do not own a vehicle, registered in 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.` G 003466112608500 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 18, 2000, of this letter. If you file an appeal in the county Court, the Court will dive you a time- stamped certified copy of the appeal. In order for your appeal :to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office-Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. . Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing . INFORMATION 7:00 a.m. to 9.:00 p•m• IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TDD OUT-CIF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us STANLEY SHANNON V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/ - /,3/ LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ld? day of Ifor 2001 upon Petition of Stanley Shannon, a hearing is set on the License Suspension App al he 1q day of fCA , 2001, at 0=- On o'clock -.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 of 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 appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. Distribution: Prothonotary's Office George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 C? b? F i i {. -o Y11 STANLEY SHANNON V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-131 LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this Jgt1k day of _ , 2001 upon agreement of the parties and with the Court's approval, the License Suspension Appeal hearing is hereby rescheduled for a period of six months. The new hearing date will be the -?Y day of 44k, 2001, at I : 3 o'clock -.m. in Courtroom Number 2, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. BY THE COURT The Honorable Edgar Distribution: Prothonotary's Office George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 10 ??ll Ij_,y ?1 r?. ? r ???.rr` rv .,1 ?,?? ?lE,l ? ? (1r r ^. t Y / .. . , r_"'yell t\ ;;? V?, Ups;. R ?l?"?r'! ??; . y.,l -.: _. STANLEY SHANNON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-131 COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING MOTION FOR CONTINUANCE TO THE HONORABLE EDGAR BAYLEY, JUDGE OF THE AE30VE-SAID COURT: AND NOW comes Petitioner, Stanley Shannon, by and through his attorneys, Mancke Wagner Hershey & Tully who make the following averments in support of this request for continuance. 1. Stanley J. Shannon ("Petitioner') was convicted of a second offense DUI October 13, 2000. 2. Timely post-sentence motions were filed. 3. Post-sentence motions were filed and the conviction was timely appealed to the Superior Court. 4. In the interim, the Department of Transportation issued a notice of suspension with a mail date of December 18, 2000 indicating that Petitioners driving privileges were to be suspended for a period of one year and Petitioner was required to comply with the ignition interlock requirements as set forth in Act 63 of 2000. 5. A timely license suspension appeal was filed relative to the above and Your Honorable Court scheduled an initial hearing for March 19, 2001. 6. As of March 19, 2001, Petitioner had not received a briefing schedule from the Superior Court. Accordingly, the Department agreed to continue the case until September 24, 2001 at 1:30 p.m. 7. Petitioner has, in the interim, received a briefing schedule from the Superior Court and briefs have been filed both parties to the criminal appeal; however, argument has not been set. 8. The Department of Transportation's counsel has been consulted regarding a request for an additional continuance based in part on the unresolved criminal appeal and the intertwined guardian interlock issue which is part of the Department's original notice of suspension and has indicated that they have no objection to an additional six month continuance for the above-mentioned reasons. WHEREFORE, Petitioner prays that Your Honorable Court continue this case until March or April, 2002 to allow time for the Superior Court appeal to be resolved. Respectfully submitted, Date: Mancke Wagner Hershey & Tully Da . Hershey, Esquire I D# 43092 2233 North Front Street Harrisburg, PA 17110 717/234-7051 /? CERTIFICATE OF SERVICE: I, Tammy L. Kelly, an employee of the law firm of Mancke Wagner Hershey & Tully, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing acopy of same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, on the fay of September, 2001. George Kabusk, Esquire PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 By: A 4) Tammy L. K ly Mancke Wagner Hershey & Tully ij `?,? r 3 ^ t! STANLEY SHANNON, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0131CIVIL TERM AND NOW, this 110 day of September, 2001, the hearing scheduled on the within case for September 24, 2001, IS CANCELLED. The case is continued generally. When the appeal pending in the Superior Court of Pennsylvania is concluded, petitioner's counsel, David E. Hershey, Esquire, shall immediately forward a copy of the order to this court and to counsel for the Department of Transportation. The case will then be rescheduled for a hearing. By the ?r Edgar B. E3 , J. George Kabusk, Esquire \ For the Department of Transportation ` David E. Hershey, Esquire ?;99 For Petitioner :saa 13 VINVA3ASW3 I u STANLEY SHANNON, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0131 CIVIL TERM ORDER OF COURT AND NOW, this I day of April, 2002, a hearing on the within appeal shall be conducted at 1:30 p.m., Monday, August 26, 2002, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. avid E. Hershey, Esquire For Petitioner Xe'orge Kabusk, Esquire For the Department of Transportation :saa VAN% 90 :q ; , I mo ? STANLEY SHANNON, : IN THE COURT OF COMMON PLEAS PETITIONER : CUMBERLAND COUNTY VS. : NO: 01-0131 COMMONWEALTH OF PENNSYLVANIA CIVIL TERM DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, RESPONDENT TO THE HONORABLE JUDGES OF SAID COURT: MOTION FOR CONTINUANCE AND NOW, comes, STANLEY SHANNON, Petitioner in the above- captioned matter, by and through his attorneys, David E. Hershey, Esquire, Wiley, Lenox, Colgan & Marzzacco, P.C. d/b/a The Wiley Group, who make the following averments in support of this request for continuance: 1. A timely license suspension appeal was filed on behalf of Petitioner from the Department's notice imposing a one year suspension for a conviction of Driving Under the Influence. 2. Petitioner's related criminal case was appealed timely from the imposition of sentence by The Honorable J. Wesley J. Oler, Jr. 3. The Superior Court Affirmed Petitioner's conviction, however, a timely petition for allowance of appeal was filed before the Pennsylvania Supreme Court and is currently pending. 4. Judge Oler has stayed the remaining penalties flowing from the conviction while the Supreme Court considers the above-mentioned relief. 5. In light of the above, Petitioner is requesting a continuance of the above- mentioned license suspension appeal until such time as the Supreme Court has made a final decision relative to the companion criminal case. 6. Counsel for the Department, George Kabusk, Esquire, has been consulted regarding this request for relief. 7. Counsel for the Department has advised Petitioner's counsel that he has no objection to the relief requested herein. WHEREFORE, the Petitioner prays that Your Honorable Court enter an order continuing the matter generally and requiring the undersigned counsel to promptly notify the Pennsylvania Department of Transportation upon the final decision of the Supreme Court relative to the companion criminal case. Respectfully submitted„ WILEY, LENOX, COLO. MARZZACCO, P.C. /1", by: Davi s ey, Esq. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Attorney For Petitioner e, r7, " Dated: ?-" N STANLEY SHANNON, : IN THE COURT OF COMMON PLEAS PETITIONER : CUMBERLAND COUNTY VS. : NO: 01-01.31 COMMONWEALTH OF PENNSYLVANIA : CIVIL TERM DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, . RESPONDENT VERIFICATION The undersigned, on behalf of my client, STANLEY SHANNON, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Davi ershey, Esq. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Attorney for Petitioner I1 STANLEY SHANNON, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY VS. NO: 01-•0131 COMMONWEALTH OF PENNSYLVANIA CIVIL TERM DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, . RESPONDENT CERTIFICATE OF SERVICE On the day of August, 2002, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by First Class Mail, address as follows: George Kabusk, Esquire PA Dept. Of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by: David E. Hershey, Esq. 1 South Baltimore: Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Attorney For Petitioner lt T• .e 1-, - rrc STANLEY SHANNON, : IN THE COURT OF COMMON PLEAS PETITIONER : CUMBERLAND COUNTY VS. : NO: 01-0131 COMMONWEALTH OF PENNSYLVANIA CIVIL TERM DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this I C1 day of August, 2002, upon consideration of Petitioner's Motion for Continuance relative to the above-captioned matter and noting further the reasons supporting same, and that counsel for the Department has no objection, IT IS HEREBY ORDERED AND DECREED that said Motion is hereby Ll%fCAM )W . Petitioner's counsel is hereby instructed to notify the Department of Transportation's counsel in This Court immediately upon receipt of notification of a final decision by the Supreme Court relative to the underlying criminal appeal. BY THE COUP, JUDGE EDGAR B. BAYLEY, JUDGE DISTRIBUTION: 11?eorge Kabusk; Esquire, PA Dept. Of Transportation, Office of Chief Counsel, 1101 South Front Street, Harrisburg, PA 17104-2156 Prothonotary ,David E. Hershey, Esquire, The Wiley Group, 1 South Baltimore Street, Dillsburg, PA 17019 V 1 LOT_L"?, 4fLu ue t? OB-a?-aa R s d,6 1/i N tii"?1,? , AlNnc) r?La?? STANLEY SHANNON, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0131 CIVIL TERM ORDER OF COURT AND NOW, this Z? day of September, 2002, a hearing on the within license suspension appeal shall commence at 2:00 p.m., Monday, October 21, 2002, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the David E. Hershey, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation saa Edgar B. Bayley, J. al ?1t?11r??4??.SE?'?13???t ?? ol o,? STANLEY SHANNON, IN THE COURT OF COMMON PLEAS OF APPELLANT CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE 01-0131 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this 'Z4 k day of October, 2002, IT IS ORDERED: (1) The following notice of the Department of Transportation suspending the driving privilege of Stanley Shannon, IS VACATED: 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. (2) The suspension of appellant's driving privilege for one year for his conviction for driving under the influence, IS SUSTAINED. By the ?a ,y cu 01-0131 CIVIL TERM David Hershey, Esquire For Appellant ?,?JA ?? ?0 1s b z George Kabusk, Esquire For the Department of Transportation sal ?3 STANLEY SHANNON, IN THE COURT" OF COMMON PLEAS OF APPELLANT CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE 01-0131 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., October 24, 2002:-- Appellant, Stanley Shannon, filed this appeal from a notice of suspension of his driving privilege for one year following his conviction on October 13, 2000, of driving under the influence in violation of the Vehicle Code at 75 Pa.C.S. Section 3731. Appellant seeks only to vacate that part of the order of the Department of Transportation that provides: 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. This court held in Commonwealth v. Mockaitis, 50 Cumberland L.J. 184 (2001), that the provisions in Act 63 of 2000, upon which the Department premised its av 01-0131 CIVIL TERM order on the use of ignition interlock, are unconstitutional.' Accordingly, we will vacate that part of the order suspending appellant's driving privilege relating to the use of an ignition interlock.Z We will affirm that part of the order suspending appellant's driving privilege for one year based upon his conviction on December 8, 1999, for driving under the influence of alcohol. ORDER OF COURT AND NOW, this 2? day of October, 2002, IT IS ORDERED: (1) The following notice of the Department of Transportation suspending the driving privilege of Stanley Shannon, IS VACATED: 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. (2) The suspension of appellant's driving privilege for one year for his conviction for driving under the influence, IS SUSTAINED. ' Mockaitis is on direct appeal to the Supreme Court of Pennsylvania. It has been briefed and orally argued. A decision is pending. 2The sentencing order on appellant's criminal conviction entered on November 28, 2000, contained a directive regarding the ignition interlock device as required by Act 63 of 2000. After this court declared Act 63 of 2000 unconstitutional in Mockaitis, an order was entered by the sentencing judge on March 5, 2001, deleting the ignition interlock provision in the original sentencing order. Accordingly, the Department of Transportation cannot enforce the ignition interlock provision in its notice of suspension of driving privilege of appellant pursuant to Schneider v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Commw. 2002). -2- 0s 01-0131 CIVIL TERM George Kabusk, Esquire For the Department of Transportation David Hershey, Esquire For Appellant sal -3- By the Edgar B. Bayley, J. 11 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) 7R7-')R21) STANLEY SHANNON, } IN THE: COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } VS. COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 01-0131 Civil Term Notice of Aaaeal 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 October 24, 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 a7 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 STANELY SHANNON, } IN THE: COURT OF COMMON PLEAS Appellee OF' CUMBERLAND COUNTY, PA } vs. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, ; Appellant } NO. 01-0131 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. TEERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 a,9 P7S510 Cumberland County Prothonotary's Office Civil Case Inquiry Page 1 2001-00131 SHANNON STANLEY (vs) COMMONWEALTH OF PENNSYLVANIA Reference No..: Filed........: 1/08/2001 Case T e.....: APPEAL - LICENSE SUSP Time...... . 3:25 Jud men .00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info SHANNON STANLEY APPELLANT HERSHEY DAVID E 15 SOUTHSIDE DRIVE NEWVILLE PA 17241 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING 1101 SOUTH FRONT STREET HARRISBURG PA 17104 2516 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - _ _ _ 1/08/2001 APPEAL FROM SUSPENSION OF DRIVERS LICENSE ---------------- _ _ _ _ _ 1/12/2001 ORDER OF COURT - DATED 01-12-01 - HEARING ON 03-19-01 AT 2:00 PM IN CR 2 - BY THE COURT EDGAR B BAYLEY - COPIES MAILED 01-12-01 ------------------------------------------- __ 3/30/2001 ORDER OF COURT - DATED 3/29/01 - HEARING DATE IS RESCHEDULED TO 9/24/01 AT 1:30 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED ---------------------- 9/18/2001 MOTION FOR CONTINUANCE - BY DAVID E HERESHEY ESQ ------------------------------------------------------------------- 9/20/2001 ORDER OF COURT - DATED 9/20/01 - IN RE MOTION FOR CONTINUANCE - THE HEARING SCHEDULED ON THE WITHIN CASE FOR 9/24/01 IS CANCELLED - THE CASE IS CONTINUED GENERALLY WHEN THE APPEAL PENDING IN THE SUPERIOR COURT OF PENNSYLVANIS IS CONCLUDED- DAVID E HERSHEY ESQ SHALL IMMEDDIATELY FORWARD A COPY OF THE ORDER TO THIS COURT AND TO COUNSEL FOR THE DEPARTMENT OF TRANSPORTATION - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 9/25/01 ------------------------------------------------------------------- 4/15/2002 ORDER OF COURT - DATED 4/15/02 - A HEARING ON THE WITHIN APPEAL SHALL BE CONDUCTED AT 1:30 PM ON 8/26/02 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED -------------------------- _ _ ---------------- 8 19/2002 MOTION FOR CONTINUANCE - BY DAVID E HERSHEY ESQ FOR PETITIONER ---------------------- _ _ _ __ 8/19/2002 ORDER - DATED 8/19102 - IN RE PETITIONER'S MOTION FOR CONTINUANCE - IT IS HEREBY ORDERED AND DECREED THAT MOTION IS GRANTED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ----------------------- _ _ _ ___ 9/25/2002 ORDER OF COURT - DATED 9/25102 - A HEARING ON THE WITHIN LICENSE SUSPENSION APPEAL SHALL COMMENCE AT 2:00 PM 10/21/02 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 10/24/2002 ORDER OF COURT IN RE APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE ------------------------------------------------------------------- BEFORE BAYLEY J - 10/24/02 IT IS ORDERED (1) THE FOLLOWING NOTICE OF THE DEPT OF TRANSPORTATION SUSPENDING THE DRIVING PRIVILEGE OF STANLEY SHANNON IS VACATED. (2) THE SUSPENSION OF APPELLANT'S DRIVING PRIVILEGE FOR ONE YEAR FOR HIS CONVICTION FOR DRIVING UNDER THE INFLUENCE IS SUSTAINED EDGAR B BAYLEY JUDGE COPIES MAILED 10/25/02 - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * * Fees & Debits gEscrow Iynfformation CZ1 PYS510 Cumberland County Prothonota:ry' s Office Page Civil Case Inquiry 2001-00131 SHANNON STANLEY (vs) COMMONWEALTH OF PENNSYLVANIA Reference No : .. Case Type.....: APPEAL - LICENSE SUSP Filed........: Time... ......: 1/08/2001 3:25 ...... Judge Assigned: .00 BAYLEY EDGAR B Execution Date 0/00/0000 Disposed Desc.: d De Jury Trial.... Case Comments ------------ ----------- -- His osed Date. Hi er Crt 1 0/00/0000 APPEAL LIC SUSP TAX ON APPEAL 35.00 35.00 g .: Higher Crt 2.: .00 0 SETTLEMENT JCP FEE '50 5.00 •50 5.00 .00 .00 5.00 -------------- 5.00 ---- .00 45.50 ------ -- 45.50 ---------- .00 2 ******************************************************************************** * End of Case Information ******************************************************************************** my hand and the i li a F .d C+quil at TiA- 13Y 3o 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 STANLEY SHANNON, Appellee } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA } vs. COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 01-0131 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 Edgar B. Bayley Court Reporter David E. Hershey, Esquire Cumberland County Courthouse Cumberland County Courthouse Att. for Appellee Shannon 1 Courthouse Square 1 Courthouse Square 1 South Baltimore Street Carlisle, PA 17013 Carlisle, PA 17013 Dillsburg, PA 17109 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: November 12, 2002 51 , W '`fl CY 1^ ? STANLEY SHANNON, Appellee V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-0131 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on October 21, 2002, 11:22 a.m. in Courtroom Number Two. APPEARANCES: GEORGE H. KABUSK, Esquire For the Department of Transportation DAVID E. HERSHEY, Esquire For Stanley Shannon 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 October 21, 2002, 11:22 a.m. Carlisle, Pennsylvania (Whereupon, the following proceedings were held:) (Whereupon, Commonwealth's Exhibit 1 and Petitioner's Exhibits 1 through 3 were marked for identification.) MR. KABUSK: Good afternoon, Your Honor. This is the case of Stanley Shannon versus Commonwealth of Pennsylvania, Department of Transportation, Bureau of ?I Driver Licensing, case number 01-0131. This appeal was filed back last year and was initially scheduled for hearing March 19th, 2001, and it continued several times to allow the petitioner to appeal the underlying criminal conviction. Apparently he informed the Court that it's been resolved and apparently unfavorably for the petitioner. Therefore, the Department is ready to proceed in this matter. THE COURT: Are you ready to proceed? MR. HERSHEY: Yes, Your Honor. MR. KABUSK: What's been marked as Commonwealth Exhibit No. 1 is a packet of documents under seal and certification. I've provided a copy to the petitioner. Sub-exhibit No. 1 is official notice of suspension dated and mailed 12/18/2000, effective 2 3? 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 11/28/2000. That notice informs the petitioner that as a result of his 10/13/2000 conviction of violating Section 3731 of the Vehicle Code, driving under the influence on 12/8/99, his operating privilege was suspended for a period of one year. Additionally, that notice informs him of the requirement for the ignition interlock system. Sub-exhibit 2 is a report of the Clerk of Court of Cumberland County, convicted 10/13/00, seal attached to the original, and on that DL-21 it does indicate that the ignition interlock was required. Sub-exhibit No. 3 is official notice of suspension dated and mailed 10/25/93, effective 10/8/93. Sub-exhibit 4 is a report of the Clerk of Courts of Cumberland County, date of ARD 10/8/93. Sub-exhibit 5 is an order of court dated 10/8/93, and sub-exhibit 6 is driving record which appears in the file of the defendant, Stanley J. Shannon, operator's number 16628724, date of birth 11/22/54, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. I move for the admission of what's been marked Commonwealth's Exhibit No. 1. THE COURT: They are admitted. MR. KABUSK: And that is the Department's case, Your Honor. 3 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: And the position of the defendant? MR. HERSHEY: Your Honor, we have three exhibits to present to the Court. THE COURT: What is the defendant's position here? MR. HERSHEY: On the exhibit or on the argument? THE COURT: What is he challenging? MR. HERSHEY: What he's challenging is the imposition of the ignition interlock requirement, Your Honor. That's the only issue. THE COURT: That is the only issue? MR. HERSHEY: That's the only issue. THE COURT: Does the Commonwealth agree I am bound by the Commonwealth Court case? MR. KABUSK: Which case are you speaking of? THE COURT: I don't know them by name. Well, first of all, I declared the provision unconstitutional. So on that basis alone I have been granting the relief requested. But there is an additional Commonwealth Court case that I thought had bearing on this. MR. KABUSK: It does. On the face of the Department's documents, it doesn't look like it bears issue because the initial DL-21 indicates that the ignition 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interlock was ordered by the Court. The Schneider case, which I believe is the one you are referring to, is the case where it's not ordered by the Court, and then the Department sua sponte, on its own, imposes the requirement for the ignition interlock. I believe that's the case -you're referring to. THE COURT: It was. It was Schneider. Now, was the conviction in this court? MR. HERSHEY: It was before Judge Oler, Your Honor. THE COURT: So he initially ordered the ignition interlock device. Did he ultimately vacate that order? MR. HERSHEY: He vacated it as part of his order to modify sentence. THE COURT: I think I have it together, but I have to let you put your documents in. Go ahead. MR. HERSHEY: Your Honor, what's been marked as Petitioner's Exhibit 1, which has been shown to counsel for the Department, is the original sentencing order entered by Judge Oler, and it's been certified a true copy from the record by the Clerk of Court's Office. We would offer that into evidence. I should just note for the purposes of the record the companion criminal docket is 00-484 Criminal Term. 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 What's been marked as Petitioner's Exhibit 2 is a certified copy of an entry of an order by Judge Oler relative to the criminal case dated Mary -- I'm sorry, March the 5th, 2001, granting the defendant's motion to modify sentence in part, and that order speaks for itself. We would move for the admission of that. THE COURT: Any objection? MR. KABUSK: No objection, Your Honor. THE COURT: Two would be vacating the interlock provision, is that right? MR. HERSHEY: Yes, Your Honor. THE COURT: Any further evidence? MR. HERSHEY: Judge, we have as Petitioner's Exhibit 3 a packet of documents from the Legislative Reference Bureau, downloaded through their electronic bill room, which is a history of Senate Bill 849. THE COURT: You do not have to worry about that here. I have already declared the law unconstitutional. MR. HERSHEY: Okay. Judge, the purpose of this is because there is another constitutional issue that hasn't been addressed by anyone that I've seen in a written opinion that I would like to make sure it's just part of the record. THE COURT: You mean that would be 6 31 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 applicable to this civil proceeding? MR. HERSHEY: Yes. THE COURT: Have you shown counsel the documents? MR. HERSHEY: I don't know if he's had a chance to review the whole -- THE COURT: What are you telling me this is? MR. HERSHEY: The issue -- I briefed this separately. Again, I have not seen this decided on any order. Article 3, 1 through 4 of the :Pennsylvania Constitution has special provisions within which outline the manner in which a bill is supposed to be passed through each House of the Legislature. According to this legislative history, there appear to be two problems with Act 63 under the Pennsylvania Constitution. The first problem is that the bill was so altered or amended on its passage through either House to change its original purpose. It started out as a restitution and identity theft bill, and it morphed into something completely different pertaining to ignition interlock. That is in violation, we believe, of Article 3, Section 1 of the Pennsylvania Constitution. The second part of that argument is that under Section 4 of Article 3 of the Pennsylvania 7 M 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 Constitution every bill shall be considered on three different days in each House. The legislative summary provided by the Reference Bureau suggested that did not occur with Act 63 in its original forms, and I do not believe this issue has been addressed ;yet by our Commonwealth Court. THE COURT: You are moving for the admission of Exhibit No. 3? MR. HERSHEY: Yes, Your Honor. THE COURT: Any objection? MR. KABUSK: No objection. THE COURT: It is admitted. I am just looking at the notice of suspension. Is the interlock -- I see it. It is in the second paragraph. Okay. Anything else? MR. HERSHEY: Your Honor, just for purposes of the record, since we did not in the original appeal outline all of the grounds challenging the ignition interlock, I would just like to indicate very briefly, until we hear from the Supreme Court on Mockaitis, we believe Act 63 violates procedural due process in the State and Federal Constitutions, violates equal protection as provided by the Federal and State Constitutions. The statute is over broad because it punishes constitutionally protected activity and is not 8 31 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 rationally related to any legitimate state interest. It's unconstitutionally vague because it fails to give adequate notice of results in arbitrary enforcement. So far these issues have been resolved in favor of the Department at least at the Commonwealth Court level. That's all I have, Your Honor. THE COURT: Do you have anything else? MR. KABUSK: No. THE COURT: The record is closed. MR. KABUSK: Just to make sure that I had Commonwealth Exhibit No. 1 moved into evidence. THE COURT: You got it. MR. KABUSK: Okay. (Whereupon, argument was held off the record.) (Whereupon, the hearing was conlcuded at 2:39 p.m.) 9 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 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. kaJILA Pamela R. Shea e Official Court Report The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Edgar B. B'RyBa Ninth Judicial ict 10 ,t ?i t?? ?r,;,?'?,???A?,?? R? '? i p ??!;i??1n.; +? '. ? ? , _ ... lam,'. _ `. v Commonwealth Court of Pennsylvania December 4, 2002 RE: Shannon v. Bur of Driver Licensing No Agency Docket Number: Filed Date: November 21, 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 Harold Cramer, Esq. Terrance M. Edwards, Esq David E. Hershey, Esq. Party Name Bureau of Driver Licensing Bureau of Driver Licensing Stanley Shannon Party Type Appellant Appellant Appellee 10 rlsy U7 r _?- - ri7rr`. z D- I r? d ,. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL = - APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 f RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET r " -- HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 STANLEY SHANNON, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } VS. } COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 0.1-0131 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 October 24, 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 TRUE COPY FROM RECORD in Te ?-" Y,* era?;G, a sure unt :sd try id and the sui et said lei at Carlisle, Fa. T ' /S't' day 00thonotary ?-3 11^ ?: rv ?L71 `T7 fV j^?`1 - -* fTl 'iC? IN THE COMMONWEALTH COURT OF PENNSYLVANIA STANLEY SHANNON V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellant No. 2803 C.D. 2002 ORDER NOW, January 28, 2003, upon consideration of appellant's application to transfer appeal, the application, is granted and this matter is transferred to the Supreme Court of Pennsylvania. The Chief Clerk shall certify a 'photocopy of the docket entries of the above matter and the record to the Prothonotary of the Supreme Court of Pennsylvania. In addition to mailing copies of this Order to counsel of record, the Chief Clerk is directed to mail a copy of same to Judge,Edgar B. Bayley, of the Court of Common Pleas of Cumberland County. BY THE COURT: S.J. Certified from the Record JAN 2 9 2003 and Order Exit C.) c? :i 2 c? Supreme Court of Pennsylvania Irene M. Bizzoso, Esq. Middle District Deputy Prothonotary Norina K. Blynn, Esq. June 1, 2007 Chief Clerk Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Shannon v. Bur of Driver Licensing No.37 MAP 2003 Trial Court/Agency Dkt. Number: 01-0131 Civil Term Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 2803 CD 2002 P.O. Box 624 Harrisburg, PA 17108 717-787-6181 www.aopc.org Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record and certified copy of Order dated 5/8/2007 for the above matter. Contents of Original Record: Original Record Item Filed Date Description Original Record February 28, 2003 1 Part Date of Remand of Record: 6/1/2007 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Signature Printed Name Date /esh C7 Q c? -Tj C... T?? r' F3 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT STANLEY JAY SHANNON, Appellee V. No. 37 MAP 2003 Appeal from the Order of the Court of Common Pleas of Cumberland County, Civil Div, entered October 24, 2002 at No. 01-0131 Civil Term. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant ORDER PER CURIAM DECIDED: MAY 8, 2007 AND NOW, this 8th day of May, 2007, the Order of the Court of Common Pleas of Cumberland County is REVERSED based upon this Court's decisions in Commonwealth v. Mockaitis, 834 A.2d 488, (Pa. 2003) and McGrory v. PennDOT, 915 A.2d 1155 (Pa. 2007). JUDGMENT ENTERED: May 8, 2007 4:n?:e? ne M. Bizzoso, puty Prothonotary N ?.a° fJ ,, ??, r,. r--- ? ? ?? w- ? r ? j . •.. "?