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HomeMy WebLinkAbout03-0778Steven C. Singiser, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: 03- '7 ?? Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is Steven C. Singiser, residing at and having a mailing address of~ 218 South Sporting Hill Road, Mechanicsburg, PA 17055. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania (PennDOT), having a mailing address of.' Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riveffront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. This Honorable Court convicted appellant on January 8, 2002, on one count of violating 75 Pa.C.S. §3731(a), Driving Under the Influence. 4. The Honorable Court's sentence for this violation did not include a requirement to install ignition interlock devices on vehicles owned by Appellant. 5. PennDOT suspended Appellant's driving privileges for a period of 1 year pursuant to 75 Pa.C.S. §1532(b) for the DUI conviction. 6. PennDOT sent appellant a Restoration Requirements Letter dated January 21, 2003, whereby PennDOT informed Appellant that his suspension will continue one additional year if he does not install an ignition interlock device on every vehicle he owns. If Appellant does not comply, PennDOT will not restore Appellant's driving privileges until Appellant serves a one- year suspension for DUI, and another one-year suspension for not installing an ignition interlock device. (A copy of the letter is attached hereto and marked as Appellant's Exhibit "A"). 7. Appellant appeals only the ignition interlock requirement that PennDOT imposed unilaterally without an order to do so from this Honorable Court. Appellant complied, or will comply, with all other requirements imposed by this Court in order to restore his driving privileges. 8. On January 11, 2002, the Commonwealth Court of Pennsylvania held that "the trial court has jurisdiction over driver license suspension appeals and ... the plain language of the Act does not permit PennDOT to have independent authority to impose installation of an ignition interlock device." Schneider v. Commonwealth, 790 A.2d 363 (Pa. Cmwlth. 2002). 9. On December 19, 2002, The Honorable Edgar B. Bayley issued an opinion stating that PennDOT's actions are null and void when it orders the imposition of an ignition interlock device in the absence of an order to do so by a trial court. For this reason, appeals from PennDOT's unilateral ordering of ignition interlock devices cannot be quashed as untimely. Heberlig v. Commonwealth, ~ Cumberland L.J. ~ (December 19, 2002). 10. On December 30, 2002, the Commonwealth Court issued an unreported opinion similar to Judge Bayley's in Heberlig. Ceykovsky v. Commonwealth, No. 1501 C.D. 2002 (December 30, 2002). The Commonwealth Court held that PennDOT cannot quash as untimely an appeal challenging its unilateral imposition of ignition interlock devices because such a requirement by PennDOT is void ab initio. The Commonwealth Court also held that in such circumstances, nunc pro tunc appeals are appropriate. 11. Following the holdings and reasoning of Schneider, Heberlig, and Ceyla~vsky, appellant asserts that PennDOT's imposition of ignition interlock devices is unlawful in that it was done unilaterally without legal authority because this Honorable Court did not include such a requirement as part of Appellant's original sentence. WHEREFORE, Appellant respectfully requests this matter be set down for a hearing, Appellee restore Appellant's driving privileges supersedeas pursuant to 75 Pa.C.S. §1550(b) pending said hearing, and Appellee's imposition of ignition interlock devices on Appellant's vehicles be set aside. Respectfully Submitted, THE LAW~i. iCESBy.¥~ OF~[,/I,,PAUL B~_RD~ Paul Bradford Orr,"Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 ORR Steven C. Singiser, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of a Petition for Appeal from Imposition of Ignition Interlock Requirements by the Department to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Date: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg7104-2516 A Paul Brad~rd ~Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Steven C. Singiser, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for Appellant; 2. He is authorized to make this verification on Appellant's behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information, and beliet~ and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: Respectfully submitted, By: I/ /~ Paul Bradf ~ff'd ~Orr, Esquire ORR 50 East High Street Carlisle, PA 17013 (717) 25S-8558 Attorney for Appellant Supreme Court ID# 71786 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 01/21/03 STEVEN CRAIG SINGISER 218 S SPORTING HILL RD MECHANICSBURG PA 17055 DRIVER'S LICENSE NUMBER: 13869768 BIRTH DATE: 06/15/50 ELIGIBILITY DATE: 02/19/03 Dear MR. SINGISER : This is a RESTORATION REQUIREMENTS LETTER. It iists what you must do to restore your driving pr/v/iege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You w/ii be not/f/ed by the Department of Transportation (PennDOT) that your driving priv/lege has been restored. OnIy after that may you dr/ye. An ELIGIBILITY DATE is listed above. This ks the date you are ei/gibIe to have your dr/v/ng priv/Iege restored, prov/ded no other v/oIations are processed aga/nst your dr/ring record. This date Ks effect/ye regardIess of any other dates //sted w/th/n th/s Ietter. Piease read the foIIow/ng /nformation carefuily and be sure to comp/ere ail requ/rements to have your dr/ring priviiege restored. UnIess another address ks ind/cated, return any documents and/or fees to the MAILING ADDRESS Iisted at the end of this Ietter. RESTORATION FEE -You must pay a $75.00 restoration fee to PENNDOT. Write your dr/vet's l/cense number (/isted above) on the check or money order to ensure proper credit. Your check or money order shouid be made payab/e to PENNDOT. PROOF OF INSURANCE -W/thin 30 days of your ELIGIBILITY DATE, prov/de a copy of one of the foIIowing to PENNDOT to show that aIi motor vehicIes currentiy reg/stered /n PennsyIvania in your name are insured: ~Insurance ID card ~Declarat/on page of your /nsurance pol/cy ~Insurance B/nder ~An aPpl/cat/on of /nsurance to the PA Auto Insurance Plan If you do not own a motor veh/cle currently reg/stered /n Pennsylvania, send a s/gned statement of th/s fact to PENNDOT wh/ch reads "I do not own any motor vehicles currently registered in Pennsylvania,,o Please /nclude your name, address, dr/vet's 1/cerise number and date of b/rth on the statement, TERM SUSPENSION/REVOCATION LICENSE NO. : 13869768 -You have a I YEAR(S) suspension/revocation that began (or will begin) on 02/12/02. Credit for serving this suspension/revoca- t/on began (or will begin) on 02/19/02 and ~111 end on 02/19/05o The suspension/revocation resulted from a violation on 05/11/01 of Section 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interiock System installed in all of your vehicle(s). APproximately 50 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed belo~ to make arrangements to have the System installed. -Interlock Installation Services - 1-800-452-1759 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 -American Court Services (serving Central/Western PA) - 1-888-565-6227 -PennsyIvania Interlock - 1-866-718-8606 -Draeger Interlock, Inc. - 1-800-332-6858 You wil! need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 1428 2001 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year. - IGNITION INTERLOCK LICENSE -In order to have Your driving privilege restored you must apply for an Ignition InterIock license. An Ignition Interlock iicense entities you to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE your eligibility date. An application is enclosed for your convenience, LICENSE NO. : 13869768 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 ADDRESS 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 02/19/03. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8695 INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-932-~600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 Steven C. Singiser, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: 0 3. '7 7 $' Civil Term FEB 2 ~ 2003 AND NOW, this appeal, a hearing shall be held on the __ /(~ 'M in Courtroom Number / ORDER day of F¢~-, 2003, upon consideration of Appellant's ~ day of Yr~ ~ 2003, at ?:~ o'olock _ , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 STEVEN C. SINGISER, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0778 CIVIL TERM IN RE: APPE1,LANT'S PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER, J. ORDER OF COURT AND NOW, this 30th day of May, 2003, upon consideration of Appellant's Petition for Appeal from Imposition of Ignition Interlock Requirements, 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 January 21, 2003, Appellant to equip his vehicles with ignition interlock systems, as scheduled restoration of his driving privilege, is rescinded. notice requiring a prerequisite to Paul Bradford Orr, Esq. Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorney for Appellant George Kabusk, Esq. Pennsylvania Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney for Appellee BY THE COURT, t Vesl. ey Ole ., VINYA-t?,SNN3d ~1:1 Nd OCA~t,ICO 3UW:,C)-C]~'tI:t STEVEN C. SINGISER, Appellant Vo COMMONWEALTH OF : PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, BUREAU: OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0778 CIVIL TERM IN RE: APPELLANT'S PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., May 30, 2003. In this appeal of an action taken by Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (hereinafter Department of Transportation or Appellee), Appellant requests that this court rescind that part of a license restoration requirements notice that required, as a prerequisite to scheduled restoration of Appellant's driving privilege, that Appellant equip each of the vehicles owned by him with an ignition interlock system. For the reasons stated in this opinion, Appellant's appeal will be sustained. DISCUSSION The facts in the present case are not in dispute. In an underlying criminal case, Appellant, having pled guilty on January 8, 2002, to driving under the influence, was sentenced to pay the costs of prosecution and a fine, to undergo a term of imprisonment of seven days to twenty-three months in the county prison, and to pay restitution to two people who suffered damages as a result of Appellant's offense..~ The sentencing court ~ Pet'r. Ex. 1, Hr'g. May 29, 2003. (Order of Ct., Feb. 12, 2002, Commonwealth v. Singiser, No. 01-1428 Criminal Term (Pa. Ct. Com. Pl. Cumberland Feb. 12, 2002 (Oler, J.)). did not include a requirement that Appellant install ignition interlock systems in his vehicles.2 Subsequent to this sentencing order, the Department of Transportation sent Appellant a restoration requirements letter dated January 21, 2003, that detailed prerequisites to restoration of his driving privilege. The Department of Transportation required, as a prerequisite to scheduled restoration, that Appellant install an approved ignition interlock system in each vehicle that he ownedfi The notice stated, in relevant part, as follows: You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. - Interlock Installation Services - 1-800-452-1739 - Consumer Safety Technology, Inc. - 1-877-777-5020 - National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 - American Court Services (serving Central/Western PA) - 1-888-565-6227 - Pennsylvania Interlock - 1-866-718-8606 - Draeger Interlock, Inc. - 1-800-332-6858 You will need to provide the vendor with the following court information before the system can be installed COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 1482 2001 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year.4 On February 21, 2003, Appellant filed a Petition for Appeal from Imposition of Ignition Interlock Requirements.5 A hearing was held on Appellant's appeal on May 29, 2 Id. In Commonwealth v. Mockaitis, 54 Pa. D. & C.4th 115 (Cumberland 2001), a challenge to the constitutionality of the statutory ignition interlock system requirement was upheld by the Honorable Edgar B. Bayley of this court. 3Appellant's Pet. for Appeal from Imposition of Ignition Interlock Requirements, filed Feb. 21, 2003, Ex. A (notice from Department of Transportation to Appellant, dated Jan. 21, 2003). 4 Id (notice from Department of Transportation to Appellant, dated Jan. 21, 2003). 2003. During the course of this hearing, Appellee moved to quash Appellant's petition on the ground that it was not timely filed. At the conclusion of the hearing, the court denied Appellee's motion to quash and took under advisement the issue of the merits of Appellant's petition.6 With regard to the timeliness of Appellant's petition, the Commonwealth Court has stated as follows: We find no error in the trial court's nunc pro tunc consideration of the merits of [Appellant's] appeal, even though it may have been untimely} because.., the requirement imposed on [Appellant] was imposed without the authority of the law and was void ab initio; equitable relief, if necessary, is appropriate in such extraordinary circumstances. Watterson v. Commonwealth of Pennsylvania, Department of Transportation Bureau of Driver Licensing, 816 A.2d 1225, 1227 (Pa. Commw. Ct. 2002) (citations omitted); see also Heberlig v. Commonwealth of Pennsylvania, Department of Transportation, No. 02- 4874 (Ct. Com. Pis. Cumberland Dec. 19, 2002). Based upon Watterson and Heberlig the court denied the motion to quash. In Schneider v. Pennsylvania Department of Transportation, 790 A.2d 363 (Pa. Commw. Ct. 2002), the Commonwealth Court stated: Although [the appellant] had two DUI offenses and pursuant to Section 7002(b), the trial court was required to order installation of an ignition interlock device, that failure does not mean that PennDOT has been given authority to override the trial court's order and require installation. Section 7002 provides that only "the court shall order the installation on an approved ignition interlock device .... "Because this provision gives a court the sole authority, PennDOT has no unilateral authority to impose ignition interlock device requirements if the trial court fails to do so. Id. at 366 (footnotes and citations omitted) (emphasis omitted). Accordingly, the Commonwealth Court affirmed the trial court's order rescinding the ignition interlock system provision in the suspension notice issued to the appellant by the Department of Transportation. Id. 5/d. 6 Order of Ct, May 29, 2003. On this issue, Schneider is indistinguishable from the present case and, accordingly, the same result must obtain herein. Appellant's appeal will be sustained, without prejudice to Appellee's right to pursue a challenge to this holding, as prescribed by Schneider, on appeal. For the foregoing reasons, the following order will be entered: ORDER OF COURT AND NOW, this 30th day of May, 2003, upon consideration of Appellant's Petition for Appeal From Imposition of Ignition Interlock Requirements, 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 January 21, 2003, notice requiring Appellant to equip his vehicles with ignition interlock systems, as a prerequisite to scheduled restoration of his driving privilege, is rescinded. BY THE COURT, Paul Bradford Orr, Esq. Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorney for Appellant George Kabusk, Esq. Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee /s/J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. 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 STEVEN C. SINGISER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-0778 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 May 30, 2003. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 STEVEN C. SINGISER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-0778 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 I 101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 STEVEN C. SINGISER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-1)778 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: Judge J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 First Class Mail; Postage Pre-Paid; Addressed as Follows: Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Paul Bradford Orr, Esquire Att. for Appellee Singiser 50 East High Street Carlisle, PA 17013 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: June 2, 2003 BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED Defendant intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. by: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 229330 Attorneys for Defendant Ralph G. Viehman, Jr. CERTIFICATE OF SERVICE AND NOW, this .?b~/~ay of May, 2003, I, Barbara Onroato of the law finn of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Gregory S. Hazlett, Esquire 20 South Market Street Mechanicsburg, PA 17055 Barbara Onorato, Legal Assistant BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMANi JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Harleysville Mutual Insurance Company, P.O. Box 1016, Moorestown, NJ 08057 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all claim records including medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026, C1 No: 971039249, C1 No; 44215255 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Kevin Shanaghan, 6230 Carlisle Pike, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAU GH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Progressive Northem Insurance Company, 6300 Wilson Mills Road, Mayfield Village, OH 44143 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all claim records including medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026, C1 No: 971039249, C1 No; 9811977785, 992741854, 993600848, 993836246, 0040206177, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237 - 7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant -BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Pinnacle Health, 2601 N. Third Street, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Orthopedic Institute of PA, 875 Poplar Church Road, Camp Hill PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS, RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VlEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Family Medicine Center of Camp Hill, 4076 Market St., Camp Hill PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Central PA MRI Center, 4665 Trindle Road, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Steven C. Singiser, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 03-0778 CIVIL CIVIL ACTION - LAW MOTION TO VACATE THE STAY OF THE DEPARTMENT PENDING COMMONWEALTH COURT APPEAL AND NOW comes petitioner, Steven C. Singiser, by and through his attorneys, THE LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, requesting this HONORABLE COURT to order respondent to reinstate petitioner's privilege to operate a motor vehicle in the Commonwealth of Pennsylvania pending respondent's appeal to the Commonwealth Court of an order vacating the required installation of an ignition interlock system as a condition of reinstating driving privileges and avers the following: I. Petitioner pled guilty on January 8, 2002, to driving under the influence in violation of Section 3731 (a) of the Vehicle Code. 2. As a result of this guilty plea, petitioner was sentenced by the Honorable Judge Wesley Oler to pay the costs of prosecution and a fine, to serve a prison term of seven days to twenty-three months, and to pay restitution to two people who suffered damages as a result of the offense. Imposition of an ignition interlock system was not part of the sentence. WHEREFORE, petitioner respectfully requests this HONORABLE COURT to order respondent to ' - · · . reinstate petmoner's driving privilege pending respondent's appeal of the matter to the Commonwealth Court. Respectfull Submitted, Attorney for Petitione 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID//71786 ,ORR Steven C. Singiser, Appellant Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Civil Term ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for Appellant; 2. He is authorized to make this verification on Appellant's behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are tree and correct to the best of his knowledge, information, and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Respectfully submitted, By: ~/Paul~/Brad foJd O~i EsquiKl e 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellant Supreme Court ID# 71786 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 01/21/03 STEVEN CRAIG SINGISER 218 S SPORTING HILL RD HECHANICSBURG PA 17055 DRIVER'S LICENSE BIRTH DATE: ELIGIBILITY DATE: NUMBER: 13869768 06/15/50 02/19/03 Dear MR. SINGISER : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving priviiege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You wiii be notified by the Department of Transportation (PennDOT) that your driving priviIege 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 iisted at the end of this ietter. RESTORATION FEE -You must pay a 975.00 restoration fee to PENNDOT. Write your driver's iicense number (iisted above) on the check or money order to ensure proper credit. Your check or money order shouid be made payabie to PENNDOT. PROOF OF INSURANCE -Within 30 days of Your ELIGIBILITY BATE, provide a copy of one of the following to PENNDOT to show that ali motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance ID card ~Deciaration page of your insurance policy ~Insurance Binder ~An application of insurance to the PA Auto Insurance Pian 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. TERM SUSPENSION/REVOCATION 02057610172~13~ PRISON RELEASE REQUIREMENT (ACT151) The Court of CUMBERLAND CTY, Court Number lq2B, Court Term 2001 has sentenced you to serve a prison term for this violation, Pursuant to Section 15~1(a.1) of the Vehicle Code, You will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your pr/son term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an additional year. You will r~ceive more 1,formation regarqzn9 this requirement approximately 30 day~ before your eligibility date. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do i~ot own a vehicle registered in Pennsylvania. Z~poptant: Please make sure that PennDOT is notified if you move from your current address, Yuu may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. ST CO DE TR OF Pet rea~, pot~ Apt sch, Car] At~c Oeo Pen 110 Hat Ath ~VEN C. S1NGISER, Appellant MMONWEALTH OF qNSYLVANIA, PARTMENT OF ~NSPORTATION, BUREAU DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0778 Ci[VIL TERM iN RE: APPELLANT'S PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS BEFORE OLER, J. ORDER OF COURT AND NOW, this 30th day of May, 2003, upon consideration of Appellant's tion for Appeal from Imposition of Ignition Interlock Requirements, and for the ons stated in the accompanying opinion, the appeal is sustained to the extent that the ion of the Department,pr Transportation's January 21, 2003, notice requiring .ellant to equip his vehicles with ignition interlock systems, as a prerequisite to ~,duled rest'oration of his driving privilege, is rescinded. Bradford Orr, Esq. Offices of Paul Bradford Orr ;ast High Street isle, PA 17013 mey for Appellant BY THE COURT, es~ey Olel~., J. :ge Kabusk, Esq. ~sylvania Department of Transportation S. Front Street isburg, PA 17104-2516 rney for Appellee ST VEN C. SINGISER, Appel/ant sen of pe¢ 01- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION[ - LAW CC VlMONWEALTH OF PE qNSYLVANIA, DE ?ARTMENT OF TR MNSPORTATION, BUREAU: OF DRIVER LICENSING, : Appellee : NO. 03-0778 CIVIL TERM ~N RE: APPELL.ANT'S ~P~ ,TJ,T~I~O~N_ F_OR APPEAL .FROM IMPOS _ BEFORE OLER J. o__pINION and ORDER OF CO_URT OL ;R, J., May 30, 2003. In this appeal of an action taken by Appellee, Commonwealth of Pennsylvania, De mment of Transportation, Bureau of Driver Licensing (hereinafter Department of Tr~ tsportation or Appellee), Appellant requests that this court rescind that part of a license restoration requirements notice that required, as a prerequisite to scheduled res )ration of Appellant's driving privilege, that Appellant equip each of the vehicles ow: ed by him with an ignition interlock system. For the reasons stated in this opinion, Appellant's appeal will be sustained. D_~ISCU__SSION The facts in the present case are not in dispute. In an underlying criminal case, :llant, having pled guilty on January 8, 2002, to 'driving under the influence, was enced to pay the costs of prosecution and a fine, to undergo a term of imprisonment :yen days to twenty-three months in the county prison, and to pay restitution to two ~le who suffered damages as a result of Appellant's offense..~ The sentencing court :'r. Ex. 1, Hr'g. May 29,--~003. (Order of Ct., Feb. 12, 2002, Commonwealth v. Singiser, No. 428 Criminal Term (Pa. Ct. Com. PI. Cumberland Feb. 12, 2002 (Oler, J.)). 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 1~717) 787-2830 STEVEN C. SINGISER, Appellee COMMONWEALTH OF pENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03~0778 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 May 30, 2003. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of th edocket entries are attached hereto. ~,~~~ TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-25 l 6 (717) 787-2830 COMMOnWeALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 STEVEN C. SINGISER, Appellee VS. COMMONWEALTH OF pENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-0778 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 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 OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, pENNSYLVANIA 17104-2516 (717) 787-2830 STEVEN C. SINGISER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 0:3-0778 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 Paul Bradford Orr, Esquire Att. for Appellee Singiser 50 East High Street Carlisle, PA 17013 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: June ~ 2003 STEVEN C. SINGISER, : Appellant : V. : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-778 CIVIL TERM ORDER OF COURT this 29th day of May, 2003, upon ~eorge H. Kabusk, Esquire For the Appellee :lfh ~aul B. Orr, Esquire For the Appellant taken under advisement. By the Court, J~]~-esleyC~l~r, Jr.'~ ~J. the merits of the appeal, denied and the matter is AND NOW, consideration of Appellant's Petition for Appeal from Imposition of Ignition Interlock Requirements, and following a hearing at which Respondent, Commonwealth of Pennsylvania, Department of Transportation, moved to quash the appeal as untimely, and at which other evidence was received respecting the Respondent's motion to quash is STEVEN C. SINGISER, Petitioner Mo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF pENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 03-0778 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of June, 2003, upon consideration of Petitioner's Motion To Vacate the Stay of the Department Pending Commonwealth Court Appeal, a Rule is hereby issued upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Aaul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Petitioner Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent BY THE COURT, sley ~ ,: STEVEN C. SINGISER, : Appellant : V. : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TP_ANSPORTATION,: BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-778 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the Honorable J. WESLEY OLER, JR., Cumberland County Courthouse, Carlisle, on Thursday, May 29, 2003, commencing at in Courtroom Number One Jo Pennsylvania 9:30 a.m. APPEARANCES: Paul Bradford Orr, Esquire For the Appellant George H. Kabusk, Esquire For the Appellee 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 (Whereupon, Commonwealth's Exhibit No. 1 was marked for identification.) (Whereupon, Petitioner's Exhibit No. 1 was marked for identification.) THE COURT: This is the time and place for a hearing on a Petition for Appeal from Imposition of Ignition Interlock Requirements at No. 03-778 Civil Term. We will let the record indicate that the Appellant, Steven C. Singiser, is present in court with his counsel, Paul B. Orr, Esquire. The Commonwealth of Pennsylvania, Department of Transportation, is represented by George Kabusk, Esquire. Mr. Kabusk. MR. KABUSK: Yes, good morning, Your Honor. May it please the Court, what's been marked as Commonwealth's Exhibit No. 1 is a packet of documents under seal and certification. I supplied a copy to Mr. Orr. Subexhibit No. 1 is the official notice of suspension dated and mailed 3/5/02 effective 2/12/02. In that notice Steven Craig Singiser, driver's license number 13 869 768, the Department notified him that as a result of his 1/8/2002 conviction of violating Section 3731 of the Vehicle of one year. Additionally the Department Code relating to Driving under the Influence on his driving privilege was suspended for a period -- I believe I am 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 missing a copy at least from my -- Your Honor, it appears that there is a page missing from the department's notice. I will go back, and if I may have leave of Court to see if what is marked as Page 2 is missing from the -- MR. ORR: Your Honor, I would stipulate to the notice. I believe that I might even have one in my file. I would stipulate that he was adequately notified under the document MR. the paragraph about the requirement for the interlock. THE COURT: in your file? that's been provided. KABUSK: What that second page has ignition Mr. Orr, might you have a copy MR. ORR: I believe I do, Your Honor. MR. KABUSK: That is the restoration requirements letter. That's different from the notice of suspension. Do you have the March 5th letter? MR. ORR: Yes. MR. KABUSK: The March 5th letter which Mr. Orr has does indicate that -- there's the paragraph regarding the ignition interlock. THE COURT: All right. If Mr. Hursen would make a copy of that, we can either supplement the Commonwealth's exhibit or make that a separate exhibit. MR. KABUSK: If I may, please. 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: a copy for you. file? me and -- Certainly. Do you want an extra Mr. Hursen will make copy for your own MR. KABUSK: If you would make two, one for THE COURT: MR. KABUSK: Make two copies. Continuing on, Subexhibit No. 2 is the report of the Clerk of Court of Cumberland County, convicted 1/8/02, seal attached to the original, and I would bring -- draw the Court's attention to Box G, ignition interlock required box, no was checked. Subexhibit No. 3 is his driving record, which appears in the file of the Defendant, Steven Craig Singiser, operator No. 13 869 768, date of birth 6/15/50, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. Act 63, I now move for the admission of what's been marked as Commonwealth's Exhibit No. 1. THE COURT: Ail right. And that does not include that one item which we are having a copy made of? MR. KABUSK: Yes, and then I'll make a motion for that when it arrives. objection? THE COURT: I'm sorry. Your Honor. Do you have any MR. ORR: No objection to those documents, 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: Commonwealth's Exhibit 1 is admitted. I believe Mr. Hursen is brinHing in a copy of that other item. (Whereupon, Commonwealth's Exhibit No. 1 was admitted into evidence.) MR. KABUSK: If I may have that marked as Commonwealth's Exhibit No. 2. (Whereupon, Commonwealth's Exhibit No. 2 was marked for identification.) MR. KABUSK: Move for admission of Commonwealth's Exhibit No. 2, which is PaHe 2 of the three-page notice of suspension dated March 5th, 2002. MR. ORR: No objection. THE COURT: Commonwealth's Exhibit 2 is admitted. (Whereupon, admitted into evidence.) THE COURT: And do we have a copy of the sentencing order in this case? MR. ORR: Your Honor, we do. I provided it already to the stenographer as Petitioner's Exhibit 1, the certified copy of the court order. THE COURT: All riHht. Mr. Kabusk, are you conceding the factual averments in the petition without agreeing as to the legal conclusion? Commonwealth's Exhibit No. 2 was 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 2/21/03. only of letter. Yes, Your Honor. All right. Then I will consider MR. KABUSK: THE COURT: them stipulated to. Does that complete the Commonwealth's presentation? MR. KABUSK: No, Your Honor. At this time I would make a motion to quash based upon timely notice. The notice was dated 3/5/02, and the petition was not filed until 2/21/03, so that was more than thirty days from the date of notice. And, additionally, the restoration requirements letter, which was attached to the Petitioner's petition, was dated 1/21/03, and the petition was not filed until That's more than thirty days from the notice not suspension but from the restoration requirements THE COURT: on the weekend? MR. KABUSK: Did the last day of the thirty Well, days fall January, and so it's -- it was -- the 31st day counting from the restorasion requirements letter. MR. ORR: Your Honor, there was 31 days in the petition was filed on weekend; otherwise, it would have been filed the day before. But irrespective of that, it was -- check that, I certainly would like somebody to because it had to have fallen on a 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 case. Honor. THE COURT: Let me just see if that's the MR. KABUSK: I have a calendar here, Your THE COURT: Ail right. Mr. Orr. MR. ORR: It fell on a Friday, Your Honor, so that argument that it was 31 days after the restoration letter, I can't argue with the calendar. President's Day, I think, was that week, but it was filed right around the time that Judge Bayley decided Heberlig. And then there's subsequent Commonwealth Court opinions that say timeliness is not an issue in this particular case where it was not ordered by the trial court, so I don't think that's even an issue here, but if it was, Judge Bayley addressed it December 19th, 2002, approximately two months prior to this being filed. Subsequent to that date then the higher court, the Commonwealth Court upheld Heberlig a few weeks ago. They've also issued numerous other opinions, Watterson and a couple others that say, in essence, if the trial court does not order it, PennDOT does not have the authority, and timeliness is not an issue. THE COURT: Do you have the cite for Heberlig for the record? MR. ORR: Yes, Your Honor, I have -- in the 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 petition it's blank Cumberland Law Journal blank and then (December 19, 2002). THE COURT: All right. That is Heberlig versus Commonwealth of Pennsylvania, Department of Transportation? MR. ORR: That's correct, Your Honor, Heberlig, and I want to say in last week's mail I actually received the upholding by the Commonwealth Court of Judge Bayley in Heberlig, and I would be happy to provide a copy of that to you. I do not have it in the file. THE COURT: Was Heberlig a case where the appeal was from the restoration letter? MR. ORR: That's correct, Your Honor. THE COURT: And was it beyond the thirty days from the restoration letter? MR. ORR: It was well beyond -- it was probably a year and four months from the date of the suspension letter that was issued by PennDOT. I mean you get a restoration letter every day. THE COURT: Well, was it filed more than thirty days after the restoration letter was received? MR. ORR: I don't recall. THE COURT: Ail right. Mr. Kabusk, are you in agreement with Mr. Orr's legal position? MR. KABUSK: The Department acknowledges the 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 case of Watterson. THE COURT: for the record? February 7, Watterson? Could you give the cite for that MR. KABUSK: Watterson is -- it was filed 2002. It's 816 Atlantic Second 1225. THE COURT: And what is the holding of MR. KABUSK: Well, it essentially says that because the ignition interlock was void ab initio, it can be appealed at any time. THE COURT: All right. MR. KABUSK: The reason why I bring up the restoration requirements letter is there is a requirement in -- there is a later case, the Ralph D. Hess case which was filed April 17th, 2003, where the nunc pro tunc was granted based upon the breakdown of the administrative system, and the Court found that the department's notice was confusing, the initial notice of suspension, which says the printout THE COURT: What court lis Hess? MR. KABUSK: That's the Commonwealth Court. THE COURT: Do you have a cite for that? MR. KABUSK: I don't. It was -- I only have from the Commonwealth Court cite. THE COURT: Do you have the full name? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KABUSK: THE COURT: MR. KABUSK: suspension was not clear because it didn't wasn't essentially the final order for the Ralph D. Hess. Ail right. It talked about the notice of inform -- it imposition of the interlock because it says the Petitioner would be receiving further information. That further information comes in the restoration requirements letter. That restoration requirements letter is generally generated about thirty days before their eligibility date, and so I bring that to the Court's attention. THE COURT: Do you feel that I have any choice but to follow Watterson? MR. KABUSK: That is the law now -- THE COURT: All right. MR. KABUSK: -- until the Supreme Court speaks. THE COURT: All right. And are you also in agreement that Schneider would seem to apply? That is the law until the MR. KABUSK: Supreme Court speaks. THE COURT: Ail right. Anything else, Mr. Kabusk, you wanted to present? MR. KABUSK: Nothing further other than 10 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 making sure my documents have been admitted into evidence. THE COURT: All right. Thank you. Mr. Orr. MR. ORR: Thank you, Your Honor. Again, I think I would just ask the Court to follow the case precedent that's before it today. For the record, if you'd note the exhibit that the Commonwealth presented, you'll see that the Petitioner has served about a year and a half of suspension already based on this one-year suspension. In essence he's done six months more than what would have been required without the interlock requirement. He's been eager to have the hearing and hope that you will agree to restore him at this point in order for him to get his license back. Could I put the Petitioner oil, Your Honor, just for one brief bit of testimony? Can we approach for just thirty seconds? THE COURT: Sure. Do you want this on the record? MR. ORR: No. (Whereupon, a discussion was held off the record.) MR. ORR: Your Honor, the Petitioner then to testify. THE COURT: All right. further, I'm not going to need If there is nothing we will enter this order. And now, this 29th day 11 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 of May, 2003, upon consideration of Appellant's Petition for Appeal from Imposition of Ignition Interlock Requirements, and following a hearing at which the Respondent, Commonwealth of Pennsylvania, Department of Transportation, moved to quash the appeal as untimely and at which other evidence was received respecting the merits of the appeal, the Respondent's motion to quash is denied and the matter is taken under advisement. I will try to have an order and opinion accompanying it entered within the next couple of days. MR. ORR: Thank you, Your Honor. (Whereupon, the above proceeding was concluded.) 12 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on this is a correct transcript of the above cause and that the same. Laura F. Handley 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 s y Ol~Jr.~ J~ STEVEN C. SINGISER, PETITIONER V. : : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-778, CIVIL LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION'S RESPONSE TO RULE TO SHOW CAUSE AND NOW comes the Department of Transportation (hereinafter referred to as "Department") by and through its attorney, George H. Kabusk, Assistant Counsel, and hereby responds to the Order of Court dated June 10, 2003, as follows: The Department of Transportation notified the petitioner by notice dated March 5, 2002, that as a result of his violation of Section 3731 of the Vehicle Code, related to Driving Under the Influence, on May 11, 2001, conviction date January 8, 2002, his operating privilege was being suspended for a period of one year effective February 12, 2002; additionally, the notice informed him of the requirement for ignition interlock. The Department on January 21, 2003 issued a restoration requirements letter to the petitioner which informed him of the requirement for ignition interlock. On or about February 21, 2003, the petitioner filed a Petition for Appeal of the imposition of the ignition interlock. o A hearing was held and by Order dated May 30, 2003, this Honorable Court sustained the petitioner's appeal and ordered that the requirement for ignition interlock be rescinded. The Department filed an appeal of the Order dated May 30, 2003 to the Commonwealth Court. By Pa. R.A.P. 1736(b) the Department is granted an automatic supersedeas upon the taking of an appeal. The petitioner on June 5, 2003, filed a Motion to Vacate the Stay of the Deparlxnent Pending Commonwealth Court Appeal. On June 10, 2003, an Order was issued upon the Department to show cause why relief requested should not be granted. The Department neither concurs or objects to the Petitioner's request to Vacate the Stay of the Department Pending the Commonwealth Court Appeal. WHEREFORE, the Department of Transportation respectfully files the above response to the Petitioner's request for relief. Respectfully submitted, Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 Dated: June 20, 2003 STEVEN C. SINGISER, PETITIONER COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-778, CIVIL LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Department of Transportation's Response to Show Cause 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. Date: June 20, 2003 George H. ~abusk Assistant Counsel Department of Transportation Riverfront Office Center-3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 STEVEN C. SINGISER, PETITIONER COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : RESPONDENT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-778, CIVIL LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the verification for the Department of T ' ' ransportat~on s Response to Show Cause 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: Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 Date: June 20, 2003 Assistant Counsel Department of Transportation Riverfront Office Center-3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 Steven C. Singiser, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 03-0778 CIVIL CIVIL ACTION - LAW MOTION TO MAKE THE RULE ABSOLUTE AND NOW comes petitioner, Steven Singiser, by and through his attorneys, THE LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, requesting this HONORABLE COURT to order respondent to reinstate his privilege to operate a motor vehicle in the Commonwealth of Pennsylvania and respectfully avers the following: 1. Respondent (PennDOT) ordered petitioner (Mr. Singiser) to install ignition interlock devices on all vehicles owned by him as a result of Mr. Singisers' DUI conviction. 2. On February 21, 2003, Mr. Singiser appealed PennDOT's ignition interlock requirement to this Court. 3. By order dated May 30' 2003, this Court sustained Mr. Singisers' February 21, 2003, appeal. 4. PennDOT filed a timely appeal of this Court's May 30th Order to the Commonwealth Court of Pennsylvania and did not reinstate Mr. Singisers' driving privileges. 5. On June 5, 2003, Mr. Singiser filed a motion in this; Court requesting this Court to order PennDOT to reinstate his driving privileges pending PennDOT's appeal in the Commonwealth Court. 6. On June 10th, this Court issued an order upon PennDOT to show cause why the relief Mr. Singiser requested in his June 5th motion should not be granted. PennDOT was to respond to this order within 20 days of service of the order. 7. On June 20, 2003, PennDOT filed a Response to the Rule to Show Cause which stated "the Department neither concurs or objects to the Petitioner's request to Vacate the Stay of the Department Pending the Commonwealth Court Appeal". Therefore, PennDOT did not Show Cause as to why Mr. Singiser is not entitled to the relief sought in his June 5th motion. 8. As of today, June 17, 2003, PennDOT has not reinstated Mr. Singisers' driving privileges. WHEREFORE, petitioner respectfully requests this HONORABLE COURT to make the rule of June 10, 2003, absolute and to order respondent to reinstate his driving privileges immediately pending respondent's appeal before the Commonwealth Court. Respectl THE LA Date: Paul Bradford O'rr,VEsc uire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID# 7 ! 786 Steven C. Singiser, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 03-0778 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on this date, July 17, 2003, I mailed a copy of the Petition to Make Rule Absolute to the following persons at the following addresses via U.S. Mail: Date: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Ceuter 1101 South Front Street Harrisburg, PA 17104-2~ {q Attorney for Responde~ty.._~ ~ Paul Bradford Esq. Steven C. Singiser, Petitioner Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY 03-0778 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this ~t day of_'~ a [ ,-~ ,2003, upon consideration of the ....... ~' .... ~nt :'~'-~'~*~ .... : , Petitioner s Petition to Make R~le Absolute, It ~S prae/eq rna[ ~pu,,~ ~ ~ B THE COU ~: '  Wesley Oler,~ J' Distribution: a/~ul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Petitioner .~sylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent STEVEN C. S1NGISER, 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 BY THE COURT, Paul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Petitioner ~1 ~ O~er'~3~' ( '4v~ J. ~Wt e e . Steven S. Singiser is quashed as untimely. AND NOW, this 12th day of February, 2004, in accordance with the order of court dated February 11, 2004, by the Commonwealth Court of Pennsylvania, at No. 1258 C.D. 2003, which (a) vacated this court's order of May 30, 2003 (which had sustained the license suspension appeal herein to the extent that the suspension involved imposition of a requirement that the licensee equip his vehicles with ignition interlock systems), (b) remanded the case to this court for entry of an order quashing the license suspension appeal as untimely, and (c) relinquished jurisdiction, the license suspension appeal of NO. 03-0778 CIVIL TERM ORDER OF COURT George Kabusk, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc