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Home My WebLink About01-2842 FX '~4]_-'J:",,\,""-=""'i'-"""--"" -,. __~_~~o , ~,-, CETlFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certifY that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CHRISTOPHER A WRIGHT v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION 01-2842 CIVIL TERM 1891 CD 2001 The documents comprising the record have been nurnbered from No. 1 to 49 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable defmiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 10-4-01 . Curtis R. Long, Prothonotary Jane H. Sparling, Dpty. An additional copy of this certificate is enclosed. Please si2n and date copy, thereby acknowled2in2 receipt of this record. Date Signature & Title "M'1~ ' r - ,- ,_'.nll ~..- ""-,,,,~~"~ - Among the Records and Proceedings enrolled in the court of Common Pleas in and for the to No, CUMBERLAND 1891 CD 2001 01-2842 CIVIL in the Commonwealth of Pennsylvania county of Term. 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY CHRISTOPHER A. WRIGHT v. COMMONWEWALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SEE ATTACHED CERTIFIED DOCKET ENTRIES. "'k ,,1 __ _n_,_ _ .I~~, ~ '. - ,- "" ~~I ", - ~ . '. Commonwealth of Pennsylvania County of Cumberland \ ss: I, curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy ofthe whole record ofthe case therein stated, wherein Christopher A. Wright Plaintiff, and Corom. of pennsylvania Dept. of Transportation Defendant _, as the same remains of record before the said Court at No. 01-2842 of Civil Term, A.D. 19_. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 4th day of October A. D.. liJOOl . Prothonotary I, Georqe E. Hoffer President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Lonq , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal ofthe Court of Common Pleas of said County, was, atthe time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the 0 e Commonwealth of Pennsylvania County of Cumberland } ss: P ident Judge /, Curtis R. Lona . Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Georae E. Hoffer. P. J . by whom the foregoing attestation was made. and who has thereunto subscribed his name, was, at the time of making thereof, and still is PresidentJudge of the Court of Common Pleas. Orphan' Court and Court of Quarter Sessions of the Peace in and for said County. duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given. as well in Courts of judicature as elsewhere, IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 4th day opctober A.D, 1~001 , Prothonotary ,,~'" ~ -' .-,- .~--,' ~f- - ,".." " 1'-, 'f' . < r '.-" PYS510 ~ Cumberland County Prothonotary's Office Civil Case Inquiry Page 1 2001-02842 WRIGHT CHRISTOPHER A (va) PENNSYLVANIA COMMONWEALTH OF Reference No" : Case Type"..,: APPEAL - LICENSE SUSP Judgment., , , , , , , 00 JVdge Assigned: Dlsposed Desc, : ------------ Case Comments ------------- Filed, , , , . . , , : Time.,.""" : Execution Date Jury Trial. , , . Disposed Date, Higher Crt 1.: Higher Crt 2,: 5/10/2001 4:06 0/00/0000 0/00/0000 lS91 CD 2001 ******************************************************************************** General Index Attorney Info WRIGHT CHRISTOPHER A APPELLANT O'CONNOR G PATRICK 1711 CORNELL ROAD CAMP HILL PA 17011 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 ******************************************************************************** * Date Entries * ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- ORDER - DATED 5/14/01 - IN RE APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES - A RULE IS ISSUED UPON RESPONDENT - RULE RETURNABLE 8/01/01 AT 9:30 AM IN COURT ROOM 1 - BY THE COURT J WESLEY OLER JR J ------------------------------------------------------------------- S/02/2001 ORDER OF COURT - DATED 8/1/01 - IN RE PETITIONER'S APPEAL FORM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES AND FOLLOWING A HEARING HELD ON THIS DATE THE APPEAL IS SUSTAINED TO THE EXTENT THAT THE PERIOD OFSUSPENSION IMPOSED BY DEPT BY NOTICE DATED 4/10/01 IS REDUCED TO 90 DAYS AND IS OTHERWISE DENIED - BY THE COURT J WESLEY OLER JR J COPIES MAILED S/2/01 ------------------------------------------------------------------- NOTICE OF APPEAL TO COMMONWEALTH COURT OF PENNSYLVANIA FROM THE ORDER FILED ON S/1/01 - BY TIMOTHY WILE ESQ ------------------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # lS91 CD 2001 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/21/01 - UPON CINSIDERATION OF THE NOTICE OF APPEAL FILED IN THE ABOVE CAPTIOND MATTER APPELLANT IS DIRECTED PURSUANT TO PA RAP 1925 B TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON UNDERSIGNED JUDGE A CONCISE STATEMETN OF MATTERS COMPLAINTED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THIS ORDER - BY THE COURT J WESLEY OLER JR J COPIES MAILED S/22/01 S(1~i?001 i~~~~~~i~f~~~~~=~~~~i~~~~~~~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 9/05~2?01 STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY TIMOTHY P WILE ~~~ FOR APPELLANT 9/13/2001 OPINION-PURSUANT-To-pi-R-i-p-i92s-=-BY-THE-COURT-J-WESLEY-OLER-JR-- ftt~l(f '! ~O:I~S;~I~E~ ~/:3~0: _ _ LAST ENTRY _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~5 9!",.p./lf ** *******~******************************************************************* * Escrow Information * * Fees & Debits Beo Bal PvmtS/Adi End Bal * ******************************************************************************** 5!.lV2001 57'16/2001 ! f S/16/2001 "hJ. S(t3!r/00l S?22/2001 1t,~/lt- APPEAL LIC SUSP TAX ON APPEAL SETTLEMENT JCP FEE APPEAL 35,00 ,50 5,00 5.00 30.00 35.00 ,50 5,00 5,00 30,00 .00 .00 ,00 ,00 ,00 75.50 75.50 ,00 ******************************************************************************** '-"I~.'-."L "', ~. ""'I -'I' '1'1' - ". ,~~ ~. <-~ Cumberland County Prothonotary's Office civil Case Inquiry 2001-02842 WRIGHT CHRISTOPHER A (vs) PENNSYLVANIA COMMONWEALTH OF PYS510 Page 2 Filed, , , , . , . . : Time."",." : Execution Date Jury Trial, , , , Disposed Date. Higher Crt 1,: Higher Crt 2,: * End of Case Information * ******************************************************************************** Reference No,,: Case Type"",: APPEAL - LICENSE SUSP Judgment, . . . , . ' 00 Judge Assigned: Disposed Desc, : ------------ Case Comments ------------- 5/10/2001 4:06 0/00/0000 0/00/0000 1891 CD 2001 - C'f~ " . ,. 1'1'~"r~Y"-,_ ~-,' -, '. The Honorable J. Wesley Oler, Jr. Judge Court of Common Pleas of Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 5012 -10/99 "'",~ "'",,",.' 1'"'_11 " I- -,'I" -r ~" A 10/1/99 " ~" <<"j1'"'nt'~ - Commonwealth Court of Pennsylvania August 22, 2001 RE: Wright v. DOT No.: 1891 CD 2001 Agency Docket Number: No. 01-2842 Civil Filed Date: August 16, 2001. 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. RAP. 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. G. Patrick O'Connor Timothy Peter Wile, Esq. Party Name Bureau of Driver Licensing Christopher A. Wright Bureau of Driver Licensing Party Type Appellant Appellee Appellant """ " <:"'-0'," , -, ~, , . , 'I' ""1 ~'l" ~~ ,~..",. :"~ _V~ / <)\') COMMONWEALTH OF PENNSYLVA,NIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p, WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 CHRISTOPHER A. WRIGHT, Appellee / cPr I '~ Jtx>1 0 0 , ~, c: , 1 ::;: ;:: u cr: nl rr ,,-, " :;1 -?-r. :-'1 ~~; "-, G. " , ; r:: C) " , -'I 3> --, :-0 ZQ -'''' ~,! "-u >c -- '-- , .. ~:~ '7 , " -; -< -< } IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, P A vs. } } } } NO. 01-2842 Civil COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant 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 August 1, 2001. 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. ! t') /1 \[-.1' __LLt:;l')vtt #" ,." '7 ' _~,,' '.,.w,,~ .. TIMOTHY .WILE Assistant Counsel In-Charge Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 rR~E COpy FROM RECORD In TestlmollY Whor~cf. , hef8 unto set my hand an~ the S~J of S<lK1 GOll t at Carlisla. Pa. Thi I - day of " .;2001 ProthonCitari -''''''':'' --, -'r. " .,~ , o Q ~ CETIFICA TE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certifY that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter:. ~. - .,. ,- CHRISTOPHER A WRIGHT .., ..... eu:: w=> ~.Ja ~ y:o Z <:);: -< :.l!::...J :> ~_..Q.i.,,-::: ;,'.,';It..\J-G>,,, '.u~ Z ,~% :z: WO w Q'X Q.. ...% a;:-Q .,. v. E m <'W"" -' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION 01-2842 CIVIL TERM 1891 CD 2001 .I The documents comprising the record have been numbered from No. 1 to 49 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 10-4-01 . t~ Cuiiis R. L g, rothon Jane H. Sparling, Dpty. An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowled2in2 receipt of this record. Signature & Title Date - ~ " -, "" _,of ~, I 0', j o Commonwealth of Pennsylvania County of Cumberland \ ss: I, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Christopher A. Wright In TESTIMONY WHEREOF, I this 4th Plaintiff, and Comm. of pennsylvania Dept. of Transportation Defendant _, as the same remains of record before the said Court at No. 01- 2 842 of Civil Term, A,D. 19_. have hereunto set my hand and affixed the seal of said Court day 0 October A. D., 1~001 . Prothonotary I, Georqe E. Hoffer President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Lonq , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was,atthetime of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record. certificate and attestation are in due form of law and made by the e Commonwealth of Pennsylvania County of Cumberland } ss: Pr ideot Judge I, Curtis R. Lono . Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable George E. Hoffer. P. J . by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand d affixed the seal of said Court this 4th i:I opctober A.D, I~OOI , Prothonotary -0 """' " o o Among the Records and Proceedings enrolled in the court of Common Pleas in and for the to No, CUMBERLAND 1891 CD 2001 01-2842 CIVIL in the Commonwealth of Pennsylvania county of Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY CHRISTOPHER A. WRIGHT v. COMMONWEWALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SEE ATTACHED CERTIFIED DOCKET ENTRIES. PAGE NO. 2 - 7 1 8 9 - 12 15 - 16 13 - 14 17 - 38 39 - 41 42 - 48 49 ~~~~, , , PYS510 2001-02842 o o Cumberland County Prot~onotary's Office Civil Case Inqulry WRIGHT CHRISTOPHER A (vs) PENNSYLVANIA COMMONWEALTH OF Page 1 Reference No. . : Case Type.,...: APPEAL - LICENSE SUSP Judgment....., .00 Judge Assigned: . Disposed Desc. : ------------ Case Comments ------------- Filed. . , . . , . . : Time. . . . . . , . . : Execution Date Jury Trial.., . Disposed Date. Higher Crt 1.: Higher Crt 2.: 5/10/2001 4:06 0/00/0000 0/00/0000 1891 CD 2001 ******************************************************************************** General Index Attorney Info WRIGHT CHRISTOPHER A 1714 CORNELL ROAD CAMP HILL PA 17011 PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 APPELLANT O'CONNOR G PATRICK APPELLEE ******************************************************************************** * Date Entries * ******************************************************************************** 5/11/2001 5/16/2001 8/02/2001 8/16/2001 8/23/2001 8/22/2001 8/24/2001 9/05/2001 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- ORDER - DATED 5/14/01 - IN RE APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES - A RULE IS ISSUED UPON RESPONDENT - RULE RETURNABLE 8/01/01 AT 9:30 AM IN COURT ROOM 1 - BY THE COURT J WESLEY OLER JR J ------------------------------------------------------------------- ORDER OF COURT - DATED 8/1/01 - IN RE PETITIONER'S APPEAL FORM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES AND FOLLOWING A HEARING HELD ON THIS DATE THE APPEAL IS SUSTAINED TO THE EXTE~ fRAT THE PERIOD OFSUSPENSION IMPOSED BY DEPT BY NOTICE DATED 4/10 01 IS REDUCED TO 90 DAYS AND IS OTHERWISE DENIED - BY THE COUR J WESLEY OLER JR J COPIES MAILED 8/2/01 ------------------------------------------------------------------- NOTICE OF APPEAL TO ,COMMONWEALTH COURT OF PENNSYLVANIA FROM THE ORDER FILED ON 8/1/01 - BY TIMOTHY WILE ESQ ------------------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 1891 CD 2001 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/21/01 - UPON CINSIDERATION OF THE NOTICE OF APPEAL FILED IN THE ABOVE CAPTIOND MATTER APPELLANT IS DIRECTED PURSUANT TO PA RAP 1925 B TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON UNDERSIGNED JUDGE A CONCISE STATEMETN OF MATTERS COMPLAINTED OF ON APPEAL NO LATER THAN 14 DAYS AFTER EN'l;'RY OF THIS ORDER - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/22/01 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT J WESLEY OLER JR J STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY TIMOTHY P WILE FOR APPELLANT ------------------------------------------------------------------- 9/13/2001 OPINION PURSUANT TO PA RAP 1925 - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/13/01 COMMoNwEALTH '-5 -EXHIB-I'i' - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvrnts/Adi End Ba1 * ********************************~*********************************************** APPEAL LIC SUSP TAX ON APPEAL SETTLEMENT JCP FEE APPEAL 35.00 .50 5.00 5.00 30.00 35,00 .50 5.00 5.00 30.00 ,00 .00 .00 .00 .00 ------------ .00 75.50 75,50 ******************************************************************************** r~'1 " . ~ - I' " ~.. ~ ~"..- Jl ~_""""""~ ~ I., ~4# ~ "",I PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-02842 WRIGHT CHRISTOPHER A (vs) PENNSYLVANIA COMMONWEALTH OF Page 2 5/10/2001 4:06 0/00/0000 0/00/0000 1891 cb 2001 Reference No.. : Case Type,....: APPEAL - LICENSE SUSP Judgmenc..,... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed. . , . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1,: Higher Crt 2.: * End of Case Information * ******************************************************************************** TRUE <..oPV FROM ,RECORD ,nndTestlmony Whef8of, I here unto set my hano a seal ofid c~ at CarlIsle, Pa " Y 0 c.fr; h 0/ ~ ).00 ( :~~r-~_ '-A\_:'., 0 ~_-1'~- I-~_- ,. :- o " ., :"""l \&# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER A. WRIGHT, Petitioner NO, 01- ;lr'f,L ~".L<.N'<- CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES APPEAL FROM SUSPENSION OF OPERATOR'S JLlCENSE PRlVILEGES TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 10th day of May, 2001, comes the Petitioner, Christopher A. Wright, by his attorney, G. Patrick O'Connor, Esquire, and presents the following appeal: 1, The Petitioner, Christopher A. Wright, is an adult individual residing at 1714 Cornell Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Petitioner currently possesses Pennsylvania driver's license 25680271. 3. The Petitioner has been notified by the Department of Transportation that, effective June 6, 2001, his operator's license privilege is being suspended for a period of one (1) year as a result of an alleged violation of Section 6308 (offenses related to alcohol) Driving While Registration Suspended/Revoked, on January 29,2000, A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 4. Said suspension of Petitioner's driver's license is improper and illegal for the following reasons: J.., -:.,'__1,'''',,",," _n, C ~ ~ "'I' ~ " [' , I~"II , ' '>- 'w"' o " " o a. The Petitioner pleaded guilty to violation of 18 Pa.C.S. ~6308; PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT OR BREWED BEVERAGES in February of2000. The Respondent failed to impose the suspension within a reasonable time after receiving a record of the conviction of the Petitioner, b. The Petitioner relied, to his detriment, on the belief that no suspension would be imposed after waiting for a reasonable time. c. The Respondent's unreasonable delay in issuing the suspension was no the fault of the Petitioner, but was the fault of the Respondent. 5, In the event that the said suspension is not invalid and illegal due to unreasonable delay, it is invalid and illegal because it was the Petitioner's first offense, Section 1532(d)(1) of the Motor Vehicle Code mandates that, for a first offense, the department shall impose a suspension for a period of 90 days. WHEREFORE, PURSUANT TO 75 P.S. Section 1550, the Petitioner prays that this matter be set for a hearing de novo before Your Honorable Court and that the Orders of the Department of Transportation be set aside. . Respectfully submitted, ~~ -G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717)737-7760 Attorney for Petitioner 3. -;',11:, "~ 'j' ~ -[' .'i' 0_ .I~-" ", "'1", ,-'- r- - '. o o " ATTORNEY VERiFICATION I, G. Patrick O'Connor, Esquire, hereby certifY that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is true and accurate to the best of my knowledge, information and belief. ~~ /G. Patrick O'Connor, Esq. DATE: 5//0//)/ . , >mi'" ,-,'--, I''', ,-' Ii ~........ 4- ~. 1""1 ",) " ~ ,<",) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER A. WRIGHT, Petitioner NO. CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES CERTIFICATE OF SERVICE I hereby certifY that I have, this day, served the herein petition to the party indicated below by depositing same in the United States mail, certified mail, postage prepaid, at Camp Hill, Pennsylvania: Pennsylvania Department of Transportation Office of Chief Counsel Attn: George Kabusk, Esquire Third Floor, Riverfront Office Center Harrisburg, PA 17104 DATE: sjrp/o/ ~aud~ ./G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner '0 :<1f.! ,~-""'. ~--,~ I' - I~,",",,-,r . '"'I-r''' " 'I , ".",,"'" r-'\ '''''; .1""\ \,j rt:/fjJ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 10, 2001 CAMP HILL PA 17011 010"13611421045"1 001 04/03/2001 25680271 03/1"1/1"181 CHRISTOPHER A WRIGHT 1714 CORNELL ROAD LICENSE IN BUREAU Dear MR. WRIGHT: As a result of your violation on 01/29/2000 Section 6308 (offenses related to alcohol), privilege is being SUSPENDED for a period of 1 mandated by section 1532D of the vehicle code. of violating your driving YEAR(S) as The e~fective date o~ suspension is 06/06/2001. 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail dlilte (APRIL 10, 2001> of this notice. PLEASE NOTE 'that this Civil Appeal is in addition to any appeal yOU have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR. RIVERFRONT OFFICE CENTER HARRISBURG. PA. 17104 Sincerely, ,~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing EXHIBIT "A" fe '#.!'\'1'i.4_~~~ !_" 'r -1- ,~- .~"~-- o o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER A. WRIGHT, Petitioner NO. tJ/ ~ .;2&=~,;J... CIVIL ACTION - LAW ~ v, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES ORDER AND NOW, this I '1litday of tv/?'""\ I ,2001, upon consideration of the instant Petition, it is hereby ordered and decreed that a Rule to Show Cause why the herein Petition should not be granted shall be issued on the Respondent, the Department of Transportation. Ruleretumable: "iueAA1P4d~ OA"r.J~+ J ;}.06J ell- I I) q!3tJo'/h I t~ ')10,{ 6f.m.J..<aAJJ~ &u~~ ~ I''/f. / ~'7 It is hefeby further ordered and decreed that the suspension of operating privileges of the Petitioner, Christopher A. Wright, which are scheduled to take effect on June 6, 2001, is hereby set aside until further order of this Court. ; f ~ ~ t Q)}l, ; f ;I, st 2 '7 ,.f ~c ~"'~peJ)"'I~ IS. rC~'H"ed. L) J?(.dc.:. , ~) ~~ uJ~ 6~o 05-/t.-O/ l ""I1~r., ,,'''''~ ~ ',m roo; I -'1 ,r ;"1 ~ " ,~. " . . o o CHRISTOPHER A. WRIGHT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent No, 01-2842 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of August, 2001, upon consideration of Petitioner's Appeal from Suspension of Operator's License Privileges, and following a hearing held on this date, the appeal is sustained to the extent that the period of suspension imposed by the Department, by notice dated April 10, 2001, is reduced to 90 days, and is otherwise denied. By the Court, G, Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 For the petitioner ~ U..g.,O\ (') <:;) ~ 0 -0"" -n ".. !1"l~ (i~ :~:j 2~, , ..~ ?1 2-'- (j) ):~. I ~,:,.}t;J :-< ;~'~ N ~c:' """ :'.::1("-j J> .".!::fj ~8 J: '2 :';J(~ ~ ar:1 => -,., ?' :n -< George Kabusk, Esquire PennDOT, Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 For the Respondent wcy r ;;"".-~ ,,". ''!' ','-.' ~~p:-I r-- .,..-., ~.~~ o o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DNISION BY: TIMOTHYP. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RNERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRiSBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 vs. } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CHRISTOPHER A. WRIGHT, Appellee COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, Appellant NO. 01-2842 Civil 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 August 1, 2001. 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. RC.P. 236, A copy of the docket entries are attached hereto. ~j? )vCt TIMOTHY . WILE Assistant Counsel In-Charge Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 " C1 ,'iWt . "" ",,' ,. '"r' '~-'- l' -I, ,~"'" ':n o COMMONWEALTH OF PENNSYL VANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEIDCLE & TRAFFIC LAW DIVISION BY: TIM:OTHY P. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 11 01 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 CHRISTOPHER A. WRIGHT, Appellee vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant o } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A NO. 01-2842 Civil Reauest 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. :,!"I, ~"1":,?, '>- . . '. , I'" '~, ," ~, 'r. - r ~f. ).4 TIMOTHY . WILE Assistant Counsel In-Charge Appellate Section Riverside Office Center - Third Floor 11 0 1 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 )b , ,PYS510 Cumberland County Prothonotary's Office (~ Civil Case Inquiry (~) 2001-02842 WRIGHT CHRIS~PHER A (vs) PENNSYLVANIA ~MMONWEALTH OF Reference No, , : Filed, . , , , . . , : Case Type"..,: APPEAL - LICENSE SUSP Time.. ".",,: Judgment, . . . , , . 00 Execution Date Judge Assigned: Jury Trial. ... Disposed Desc,: Disposed Date. ------------ Case Comments ------------- Higher Crt 1,: Higher Crt 2.: Page 1 5/10/2001 4:06 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info WRIGHT CHRISTOPHER A APPELLANT O'CONNOR G PATRICK 1714 CORNELL ROAD CAMP HILL PA 17011 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 ******************************************************************************** * Date Entries * ******************************************************************************** 5/11/2001 5/16/2001 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ~------------------------------------------------------------------ ORDER - DATED 5/14/01 - IN RE APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIV~LEGES - A RULE IS ISSUED UPON RESPONDENT - RULE RETURNABLE 8 01/01 AT 9:30 AM IN COURT ROOM 1 - BY THE COURT J WESLEY OLE JR J ------------------------------------------------------------------- ORDER OF COURT - DATED 8/1/01 - IN RE PETITIONER'S APPEAL FORM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES AND FOLLOWING A HEARING HELD ON THIS DATE THE APPEAL IS SUSTAINED TO THE EXTENT THAT THE PERIOD OFSUSPENSION IMPOSED BY DEPT BY NOTICE DATED 4/10/01 IS REDUCED TO 90 DAYS AND IS OTHERWISE DENIED - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/2/01 - - - - - - - - - - - - - - LAST ENTRY 8/02/2001 ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adl End Ba1 * ********************************~********~************************************** APPEAL LIC SUSP TAX ON APPEAL SETTLEMENT JCP FEE 35.00 .50 5,00 5,00 35.00 ,50 5,00 5,00 ,00 ,00 ,00 ,00 45.50 45,50 ,00 ******************************************************************************** * End of Case Information * ******************************************************************************** TRUE COpy mmA RECORD d In Testimony whereof, I h:re unto set my han d h \ of said Court at Carlisle, Pa, an t e sea 07QJ,L '1 day ofd/A..........." ..... This ..............~., <.......K:~,..W- ,..........~ Prothonotary I I -'~ -I ~ ~'I ' ~ " '1 ~~ ,~"' o o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY P. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 vs. } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CHRISTOPHER A. WRIGHT, Appellee COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 01-2842 Civil 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 ofPa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge J. Wesley 01er, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 G. Patrick O'Connor, Esquire Att. for Appellee Wright 3105 Old Gettysburg Road Camp Hill, P A 17011 ~fJ4 TIMOTHYP. WILE Attorney for Department of Transportation Date: August 15,2001 IJ.. " ':; u~ " ~,~ ~ - ~'~ ~.. ~,."'~ ~t' ',. ~~,.....': 'V " ,~ .. " " ,~"'" "'''''Jini''ff'''''t'' fl""ar~'r,r,'I~r" 'ri~II'i1" "I:!tNffifl" " "oL'jk' 0 C' C ~ r', " 2:1>0 ~Jti.3 c::: 111rr u"J ,n,_ 2:-:0-_' ~ ~ ~~i::' G'" - ~l:'-' " )> ZC:i '- -C"J - - Pc l' j q - ~-"l "'I "" z ':',.) -, -j ::0 ~ {' -< -< '\0,;'" ".... ~ ~ { '" '" p &; . v.." ~~l ,~ '", ""~"'W~'~\~~~f1flif'JT<"";~""'HAf'~le,_.,,,,~,_..,,,,,.-!",,,,,,,;\\_ '1'i"t"",'C-I'H" ""''";;'W~!'~''j>4ii-$\i!~,,1!''1W,iWi'~.(;,''f,.(j;l)l''''''i;''''''''I~~J'1$i;f~Ap~1!'i~' o o CHRISTOPHER A. WRIGHT, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 01-2842 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of August, 2001, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. RAP. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Matters Complained of on Appeal no later than 14 days after entry of this Order, BY THE COURT, ~ !f (Wesley Ole, G. Patrick O'Connor, Esq, 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Appellee Ld;~-Q/ 13 ! if;,~_,., ", "-, "_;_k_~".',y/'f'_"'_''''-T-".: c,",," -~ 1'_ - " ,",,>. . -,~" ,., v -'-__1'"",,"_ -F ,I _ r:' ,---, '" 1", "," , ~,'~, - -1 """1~""'_.,'-IW~~ __,v,,._~ ,_'" ,-~"""",'0i _~. ~~~ .~,.,. ""1l\IIJllillllllmnr i""" \'&L,,,i \lINY/i!)S~IN3d ~'" ~,' ,~r""nr, I I>ln,",.)r,1 I ii,'" 'h:jtl!'1 -....... ^-Ll~l j\ "<-' '- ' .- I" 00 :ZI T,eJ --, ""'''''1 !f! (, (, 'j~ I\: , .) l~l\.J\("i'Y\, J\;.J'!--'-'-;~;U~\:J- .J,._ ,i,J __:rV;j!,.,_,~........., (P~JJl!i!I'N~~~~~~;r'~V;-~:P'E'",'_.p!V0,..,"Uif{-j>1J~i'?{:W-"1<!i~<tf~!'lij(@,,~f-'!'~-;~~~!f,~~~_~ ;'f"']Il'illHJ1 -"~ "-,~> - .~ '. --- () Timothy p, Wile, Esq, Assistant Counsel In-Charge Appellate Section Department of Transportation Riverside Office Center - Third Floor 110 1 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellant :rc ,,,,:,';__'~":ry;o,,,"'''_''_':,!' ,,' "." , I ~ -- '10,-, -I . . " ,-- r'~ o ,4- " ,~ ~ ~ ""'iI'!!", ~ ~ p,--~ ~ .,."",,~ -, -' 'I .-'-"'p ';C"." ;;r!'"""r[1n'j-^J'~-""1r"'~1 '; -,' <....:"r.'nt'itr'~T rr"" '~~: ;rnmbr~fff~1'X~1,;t*;:f \ilNI//\lASNN3d All\'n'u':'1 ",r'c'lu:;q''''n''' 't ~," " '. " ,_, ~_,1 '*1 \wi 6'0 :01 ~,I~ C I d3S 10 'HV'L'Oi\"'"::,:i,,,ii .10 l\ ~v, ,",.'./',,,I-.-i ,~: J.... ..; 3J!~::1.c)-O;rltJ .~''''''''-- ~~~~~~m;'i;~r.,'N~-:l'''''R''''''f.'','*f;t.>;r~;;:",U-~'J;i~'WRj''~i~~1fi~~m!li!f'!Wi~j~~llq!!!i\~~.IT 'r"~-"-'~ =< ~~" -,~ j' o o bC1~ 9- 25",6/ , Commonwealth Court of Pennsylvania August 22, 2001 RE: Wright v. DOT No.: 1891 CD 2001 Agency Docket Number: No. 01-2842 Civil Filed Date: August 16, 2001 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.RA.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. RAP, 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, G. Patrick O'Connor Timothy Peter Wile, Esq. Party Name Bureau of Driver Licensing Christopher A. Wright Bureau of Driver Licensing Party Type Appellant Appellee Appellant .-/ 16 I~~ - I' 1 l' ,'" r ~~ ~ ~_~~ >o~ _. o.~ ~ '," ~ ./~ t"'i ~'OMMONWEALTH OF P~SYL VANIA DEPARTMENT 0 F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p, WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA i 71 04-2516 (717) 787-2830 o <)'~ I XI ~ ,;)001 0 c , - , c: , , ~ ~ U IT- " nlfT": '" -:7 -r, >'\ -?----_"-- ~; U - "~:' i-j GC) '-,- -- c ::;] 2:':0 -'" ( .J ~Cl - ,,,,) Pc .' :..;-~ "7 ---; -...."1 -< ~ CHRISTOPHER A. WRIGHT, Appellee vs. } } } } } IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 01-2842 Civil Notice of Appeal Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, hereby appeals to the Comnionwealth Court of Pennsylvania from the order that was filed in this matter on August 1,2001. 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. I I) ...... \[',.'. LJ f')vtt , --...,,-- . ,', -fIr: -1t'll'..l""k -. TIMOTHY .WILE Assistant Counsel In-Charge Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 TRUE COpy FROM RECORD In Testimony whereof. I here Ullto set my i":"nd and the seal of said COil t at Carlisi" ,,~ Tt;' ir-' ", ro:. , ,liS I ~ day of ' ' d2c01 ProthonCltar1 t~ ,~., ~ ''" '.,[ 1'-" , 1- ~ ~ tI~L.I. iIliii .-. , "~~"=,%"~-"'i0d"'~.;,~"""~-- ['ff!1i!!!I ~nt~JII'~""I~<~~" _.~~-_~~_~Wi"'~Ii!I''l?,f~1\iif!m~~-li''''''''''''''!''f'''~''''-~''''''''':'--'l'('''i''"'-,";""",,''''-11''-'''',''+ c _c,de" o ~ l"Jr"'- ~Ijr E~: r:::C, ;1;;~- ~~t-) .J>t..--= 2.: ~ -< T , \,,- ~::~ :~ 'j (.'" :::0 "_J ~;;: :0 ~~ illl rilT' ;IJI-' a ""'-,,;', :'''''',H'M'h'''r~'~ir'-'c''',f;;, '-''N1'~,\,~'':W-%",-'P''='''l'f'1')~0'-r~_~F-'' , ~--~ n () . CHRISTOPHER A. WRIGHT, petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent No, 01-2842 CIVIL TERM IN RE: PETITIONER'S APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES Proceedings held before the Honorable J, WESLEY OLER, JR" Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on August 1, 2001, commencing at 9:42 a.m. in Courtroom No, 1, APPEARANCES: G. Patrick O'Connor, Esquire For the Petitioner George Kabusk, Esquire For the Respondent /0: "'~ " .n".j,,"__ , 'I~'_c r; -,' -~! - I , ill' ~b "., ~-~l /,''''''1 ^""'~. ~-, ;..~~~ T -~ -.'~.~ ~"~","~J:' --___^J;;,;ilM..r /,"..",. ~~..~ ilJ111llll111ll"Nlm '[ 'ni' 'lrl" , mmIf~~Il!t~~~i~~~W:q,(";twi3'$!;:"''';",f:'YI';:i''''M~''l':IIf,-'n!M0!'~'fu~~''i1\~';j~!~'lIlW~'W!,~;'!j\t!-i~l r" ..~!"'~,'!' '';., 'v'lr\V'l\lAS\!~~3d ALNnO~-: :li\:\"'-~;-';~IF~<\!n:J SU :t1 :ZJn~1 ;;J ~" ,,~ .,'..J AbV.l.c:\:~:' ::n:+ Cr.{jJ-:::i "~- (') () I N D E X TOW I T N E S S FOR THE PETITIONER Christopher Wright DIRECT 11 FOR THE RESPONDENT None I N D E X TOE X H I BIT FOR THE PETITIONER MARKED None FOR THE RESPONDENT No. 1 - packet of documents MARKED 3 CROSS 15 ADMITTED ADMITTED 7 -,~--. -', ,~ 1'"'' '[ 1'- I~ ,-- ~ ~ -~~~ n n 1 2 3 August 1, 2001 Courtroom No. 1 9:42 a,m, 4 THE COURT: This is the time and place for a 5 hearing on the appeal from suspension of operator's license 6 privileges in the case of ChristoDher A, Wriqht v, 7 Commonwealth of Pennsvlvania, Deoartment of TransDortation, 8 We will let the record indicate that the Petitioner or 9 Appellant is present in court with his counsel, G, Patrick 10 O'Connor, Esquire. The Department of Transportation is 11 represented by George Kabusk, Esquire, Mr. Kabusk, 12 MR, KABUSK: Good morning, Your Honor, This 13 is an appeal of a one-year suspension imposed pursuant to 14 Section 1532(d) of the Vehicle Code as a result of the 15 Petitioner's violation and conviction of an underage 16 drinking offense, What has been marked as Commonwealth's 17 Exhibit No, 1 is under seal and certification, and I 18 provided a copy of that to Mr, O'Connor, If I may hand 19 that up to Your Honor so that you may follow along. 20 THE COURT: All right. 21 MR, KABUSK: Commonwealth's Exhibit NO.1 22 consists of five subexhibits. Subexhibit No. 1 is official 23 notice of suspension dated and mailed 4/10 of '01, 24 effective 6/6 of '01, And that Subexhibit No, 1 is the 25 notice of suspension that is at issue today. That notice 3 17 ~_11 .- ,----'.H" -~, "I" ]'- - ~'",,'"," '~" -. n () . . 1 dated April 10th, 2001, to the licensee, Christopher A, 2 Wright, 25680271, informs Mr. Wright that as a result of 3 his violation on 1/29 of 2000 of violating Section 6308, 4 offenses related to alcohol, his driving privilege is being 5 suspended for a period of one year, as mandated by Section 6 1532(d) of the Vehicle Code, 7 Subexhibit No, 2 is a report of a court 8 ordering the suspension of operating privileges as the 9 result of a violation of Chapter 63 of Title 18, dated 10 1/29/2000; date of conviction, 2/29 of 2000; date 11 certified, 3/22 of '01, seal attached to the original, 12 Your Honor, I turn your attention to that 13 Subexhibit, Subexhibit 2, the name is Christopher A, 14 Wright, The date of violation is 1/29 of 2000. Date of 15 disposition is 2/29 of 2000 for a conviction of 18 Pa, C,S, 16 6308. And I would turn your attention down to the bottom, 17 The date it was certified is 3/22 of '01, And then I would 18 refer you back to Subexhibit No, 1, The Department's 19 notice is dated April 10th of 2001, 20 I'm bringing this to your attention because 21 the Petitioner alleges there's a delay, and certainly the 22 Department acted in a timely fashion, It received it 23 certainly after 3/22 of '01, and sent out the notice of 24 suspension April 10th of 2001, That's less than a month. 25 THE COURT: You're saying, the district 4 /<( - -'!~ " "c"Y'"~ .~'" 'I" '-'1 ~-.- '" ~ ~ :"'," "'-"" r, " / () . . 1 justice didn't send this to the Department immediately? 2 MR, KABUSK: That is correct, And that's 3 indicated, because the date certified is 3/22 of '01, 4 Apparently the district justice certified it approximately 5 a year after the date of disposition, 6 THE COURT: All right, I think another 7 issue-- I'm sorry, Go ahead, Mr. Kabusk, 8 MR. KABUSK: And I'm bringing that to the 9 Court's attention because it was brought up in the 10 petition, Subexhibit No, 3 is official notice of 11 suspension dated and mailed 2/23 of '01, effective 3/30/01, 12 informing the petitioner that as a result of his violation 13 on 11/11/2000, violating Section 6308, offenses related to 14 alcohol, his driving privilege was being suspended for a 15 period of 90 days, as mandated by Section 1532(d) of the 16 Vehicle Code, 17 Subexhibit 4 is report of court ordering 18 suspension of operating privilege as the result of a 19 violation of Chapter 63 of Title 18, 11/11/2000, seal 20 attached to the original. I would turn your attention to 21 that, Your Honor. Subexhibit No, 4 indicating the name, 22 Christopher Wright; violation of conviction of 18 Pa, C,S. 23 6308; date of violation, 11/11/2000; date of disposition, 24 2/2 of 2001; date certified is 2/2 of '01, You would 25 notice that the Department's notice once again was less 5 {q '(J.~; _,-".^,C~' m _" ,,,-- I.:' - 1 -f'''''l ~ , ,'~ 'C~ ~ " , 0 0 1 than a month, and it was dated, referring to Subexhibit 3, 2 informing the Petitioner by notice dated February 23rd of 3 2001, of his 90-day suspension, 4 And Subexhibit 5 is a driving record which 5 appears in the file of the Defendant, Christopher A, 6 Wright, operator's number 25680271, date of birth, 7 3/19/1981, in the Bureau of Driving Licensing, Harrisburg, 8 Pennsylvania, 9 THE COURT: So you're saying that there are 10 actually two convictions for this offense, one resulting in 11 a 90-day suspension and one in a one-year suspension? 12 MR, KABUSK: I'm saying, there is two 13 convictions of a violation of Section 6308, Those were 14 different dates of violations, Therefore, there were two 15 offenses, 16 THE COURT: And that's why this suspension 17 is one year as opposed to 90 days? 18 MR, KABUSK: That is correct, Your Honor, 19 And I'm referring to Section 1532 (d) of the Vehicle Code 20 which states, the Department shall suspend the operating 21 privilege of any person upon receiving a certified record 22 of the drivers conviction, and then goes on, adjudication 23 of delinquency or admission into a preadjudication program 24 for violation under 18 Pa, C,S, 6307, 6308, 6310,3. The 25 duration of the suspension shall be as follows: For a 6 .10 -",,,",,,- 1-' ~'r -- -1- :'~ . ~- ~< 0', , o 1 first offense, the Department shall impose a suspension for 2 a period of 90 days, For a second offense, the Department 3 shall impose a suspension for a period of one year, 4 I move for the admission of what's been 5 marked as Commonwealth's Exhibit No, 1, 6 THE COURT: Mr, O'Connor, do you have any 7 objection to the admission of that item? 8 MR, O'CONNOR: No, I don't, Your Honor, 9 THE COURT: All right, Commonwealth's 10 Exhibit 1 is admitted, 11 (Whereupon, Commonwealth's Exhibit 1 was 12 admitted into evidence,) 13 MR. KABUSK: And t~at is the Department's 14 case, Your Honor, 15 THE COURT: Mr, O'Connor, did you want to 16 respond by way of an opening statement? 17 MR, O'CONNOR: Yes, Your Honor. In regard 18 to the suspension that we're appealing today, the 19 Department's records here indicate that the suspension 20 letter was sent on April 10th, 2001, for a violation on 21 1/29/2000, and conviction is 2/29/2000, And any way you 22 slice it, that is a first violation, and Mr, Wright should 23 only be given a 90-day suspension according to the statute, 24 He did have two offenses. 25 This particular offense took place, and he , 7 .b( "', ~ "'~ _, 0 ~"-"-"'-T"';~"; f',' I: - p~ j- "r " o o 1 was convicted before the date of the second offense, In 2 addition, we're arguing that he should not be suspended at 3 all, because of unreasonable delay on the part of the 4 Pennsylvania Department of Transportation, as of the fault 5 of the Department, and also, Mr, Wright relied, to his 6 detriment, on the fact that it would not be suspended, 7 THE COURT: Are you saying, this one-year 8 suspension relates to a first offense? 9 10 MR, O'CONNOR: Yes, Your Honor, THE COURT: Mr, Kabusk, do you have a 11 response to that? 12 13 14 MR, KABUSK: What was the argument, Your Honor? THE COURT: I think the argument is that 15 this one-year suspension is actually for a first offense 16 rather than for the second offense. 17 MR, KABUSK: Yes, I believe that's one of 18 his arguments, In response to that, Your Honor, I would 19 argue that the timing of the offense is not critical, The 20 simple matter that it is a second conviction is what's 21 important, and I would cite to you two cases, Your Honor; 22 the Ebner case at 429 A,2d 1275, and the Geitqev case at 23 704 A.2d 1298, And I would argue that those cases apply in 24 this instance, It's not the timing that is critical, If 25 it was, that would allow a licensee to manipulate 8 f"," . ,'''.'','' ...'l- '-"'--~_I" " ,~-, I" , " 11- -"1 o o 1 suspensions, What is critical is that the person is 2 convicted of a second offense, 3 4 5 6 THE COURT: Okay, MR. O'CONNOR: Your Honor, may I correct-- THE COURT: Certainly, MR, O'CONNOR: This is not a second 7 conviction, as Mr, Kabusk asserts. He's being suspended 8 here for one year for the first conviction. And obviously, 9 there's no way that he could manipulate, If it's true that 10 the district justice was late in sending in the notice to 11 PennDOT, certainly it's not a case of Mr, Wright 12 manipulating the system, 13 THE COURT: You say-- well, I guess it would 14 be pretty easy to figure out if it is a second conviction 15 or not. 16 MR, O'CONNOR: Yes, on the driver's record, 17 it indicates the dates of the convictions, That's page two 18 of the certified letter, 19 THE COURT: I'm sorry. I'm having a little 20 trouble hearing you, 21 MR, O'CONNOR: Page two of the certified 22 driving history clearly indicates the date of the offense 23 and the date of conviction for both charges, 24 THE COURT: Mr. Kabusk, 25 MR, KABUSK: Your Honor, once again, it's 9 J--~ Ic'" .','-",, 1~1'_ :'- f" -'I , " o o 1 not the timing that is crucial. Just because the 2 Department received the conviction for the offense that 3 occurred on January 29th of 2000, after it received the 4 conviction for the offense that occurred later in time, is 5 no reason why that should be assigned a 90-day penalty as 6 did the one that came into the Department in the first 7 place. Simple timing should not allow him to have two 8 90-day suspensions, The delay is in no way chargeable to 9 the Department. 10 THE COURT: Well, I understand, but I think 11 Mr, O'Connor is saying, the one-year suspension seems to be 12 applied to a conviction that occurred February 29, 2000, 13 and the 90-day suspension seems to be applied to a 14 conviction that occurred February 2, 2001, 15 MR, KABUSK: And that is correct, Your 16 Honor, And the reason why is, the one that occurred on 17 November 11th came into the Department first, and that is 18 why the Department assigned the 90-day suspension to that, 19 THE COURT: So you're saying, it's not the 20 date of conviction, it's the date the Department receives 21 the certification of conviction? 22 MR. KABUSK: It's both dates, Your Honor, 23 What's important is not necessarily the date of violation 24 and date of conviction of the offenses, just the fact that 25 there was already one on the record, whether it occurred 10 * : '0 _ _ ~_'"' ,. '-~- -' - ,--, 'I' ~_. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 I ,I , 1 1 I , I , , !-,~"""!- ,f -~ - o o before or after in time triggers the one-year suspension as a result of a second offense, THE COURT: And you're saying that the cases you cited say that? MR, KABUSK: I'm saying that those cases talk about imposing penalties for a second offense essentially irregard1ess of when they occurred in time, And I would interpret those cases to support the Department's argument. It is not exactly this scenario, MR. O'CONNOR: Your Honor, I only had a chance to glance at those cases, THE COURT: We'll look at them at the conclusion of the hearing. Maybe we can all go back in chambers and take a look at them, Okay, Mr, O'Connor, I guess you wanted to present a witness, MR, O'CONNOR: Yes, Your Honor, I'd like to call Christopher Wright to the stand, Whereupon, CHRISTOPHER WRIGHT having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR, O'CONNOR: Q Mr. Wright, were you charged with underage drinking on January 29th, 2000? A Yes, I was, 11 ~ T<-' '- f' '""'" . o o Q A Q 2000? A Q and costs? A Q 13 14 16 17 18 19 20 21 24 25 A Q 15 Code? Q 23 false ID card? And did you plead guilty? Yes. And did you plead guilty on February 29th, Yes, And at that time did you pay the total fine 10 have you ever been convicted or adjudicated delinquent or i IL~ ,~ 1 2 3 4 5 6 7 A A Q A Q A Q 11 admitted to a preadjudication program for violation of any 12 law relating to Section 6308 of the Criminal Code? Up until that point, no, Okay, What about Section 6307 of the Crimes I'm sorry? Were you ever convicted prior to that time? No, Of misrepresentation of your age-- No. --to secure liquor, Okay, Were you ever 22 convicted prior to that period of time to 6310, carrying a No. And you received a suspension notice from ['h ."'. . ~I . 12 Jf, " --j ., ~I" o o 1 PennDOT this year which imposed a suspension for the 2 underage drinking violation of January 29, 2000? 3 4 A Q Yes, Okay, And that suspension period was to be 5 one year? 6 7 A Q Correct, Was there any incident or conversation in 8 November last year which made you feel certain that you 9 would not be suspended for the offense of January 29th, 10 2000? 11 A When the second incident happened, I had 12 talked to a Pennsylvania State LeE officer about the situation, I had mentioned to him-- 13 14 15 16 , MR, KABUSK: Objection to the hearsay, Your Honor, MR, O'CONNOR: Your Honor, it's not to 17 establish the truth of the matter asserted, but to discover 18 his state of mind. 19 THE COURT: Why would his state of mind be 20 relevant to the issue of suspension? 21 MR, O'CONNOR: Because we're trying to 22 determine whether he relied to his detriment to the fact 23 that he would not be suspended. So first we have to 24 determine whether he thought that he would not be suspended 25 for the first offense. 13 ~ ~l u_& . ~,'." I-,~ . ~I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 o o 1 THE COURT: Okay, I'll sort this out later, 2 You may ask the question, MR, O'CONNOR: Okay. BY MR. O'CONNOR: Q Was there an incident of conversation that made you feel certain in your own mind that you would not be suspended for the offense of January 29, 2000? A I had mentioned that I had had a situation beforehand, and that I was-- I had assumed that PennDOT would send me a license suspension notification, and I told him that they never had, And he said that, that's odd, and that the situation must be null and void because of the time period that had occurred, Q So as of that date, did you believe that you were not going to be suspended for the first offense? A Q That's correct. And based on that belief then, did you make plans to go work in the city that was outside the area in which you lived? A That's correct. Q And where did you make plans to work? 22 A I'm working for a painting company down in 23 Dover, Pennsylvania, 24 25 i ?~" ~" Q A Okay, It's about 30 minutes away from my house, 14 J.-r ,. ", ,~ :-",1' ':_"c"",""._!",",_,_, . , _J' ' ,.".. "_'1__ ,~~ I c . o o 1 Q All right, And is there any other 2 transportation available to you other than driving your 3 vehicle? 4 5 6 7 8 job now? A Q No, not at this point, You indicated that you are working at that A Yes, MR, O'CONNOR: That's all the questions I 9 have, Your Honor, 10 THE COURT: Mr. Kabusk. 11 CROSS EXAMINATION 12 BY MR, KABUSK: 13 Q Mr, Wright, you indicated that you had-- you 14 assumed, you say you assumed, PennDOT would send you a 15 license suspension notice? 16 A Before-- within reasonable time after the 17 incident occurred, I assumed that I would get a 90-day 18 suspension, and that never came, 19 20 21 22 Q And you're referring to the one that occurred on January 29th of 2000, is that correct? A That's correct, Q And did you ever contact the Department to 23 find out when you were being suspended? 24 25 A Q No, Now you stated that you secured a job, is I91:'1'1~~I~L "" - .~ ,"- 15 d1 I, 1-""-1- . o o Yes, With a painting company? Yes, It's a-- they paint houses and barns, And your job is to paint houses and barns? Correct. And that's essentially standing on a ladder 8 with a brush in your hand? 1 that correct? 2 3 4 5 6 7 A Q A Q A Q A Q A Q Right, Painting, And that's what you're paid for? Uh-huh, Now I noticed that you have another 9 10 11 12 13 14 15 16 suspension for the events, the offense that occurred on November 11th of 2000, is that correct? A That's correct, Q When you received that notice of suspension, 17 were you employed by the painting company? 18 19 20 21 22 correct? 23 24 25 -!f~ A Q A Q Yes, for a short period, I was, And you're stating, for a short period? Uh-huh, You're no longer employed by them, is that A Q A No, I still am. You are still employed by them? The suspension carried over into the period ,>" '-{":"--"1 ..f_ 16 30 r '~',-~, :-' - 'I I" '" ,.. ,", ~ r .~ , o o 1 that I was working, Was that your question? 2 Q So you are employed by them even though you 3 were suspended for 90 days as a result of the offense that 4 occurred on November 11th of 2000? 5 A Correct, 6 MR. KABUSK: No further questions, 7 THE COURT: Mr, O'Connor, 8 MR, O'CONNOR: I have no further questions, 9 THE COURT: So you did plead guilty on 10 February 2nd, 2001, to the offense that had occurred on 11 November 11, 2000? 12 13 THE WITNESS: Yes, correct, THE COURT: And you're not appealing that-- 14 the suspension that resulted from that offense? 15 THE WITNESS: Correct, 16 THE COURT: Okay, You may step down, Thank 17 you. Mr. O'Connor, do you have anything further to 18 present? 19 20 21 MR. O'CONNOR: No further witnesses, Your Honor. THE COURT: Okay. Mr, Kabusk, did you have 22 any rebuttal testimony? 23 MR, KABUSK: No, Your Honor. 24 THE COURT: Mr, O'Connor, do you have any 25 cases that suggest that the-- where the late or tardy 17 ~L ',jI] .c ~. -,-\ ~'--=',"'--- ;~ 1'0" _'1'"-' )- _, ~ R= r~ ~ -- ..' ~~, "'- ,"' -" . . o o 1 suspension is the result of not the Department's failure 2 but the failure of the district justice to notify the 3 Department in a timely manner that the suspension is 4 unlawful? 5 MR, O'CONNOR: No, Your Honor, despite a 6 diligent search, I was not able to find a situation such as 7 the one we have here, The only cases I was able to find is 8 where the person being suspended had not responded to the 9 district justice, and therefore their conviction came a 10 long time after the violation, And the-- as I recall in 11 all those cases that I saw, that was actually a second 12 conviction, although it was a first violation, 13 THE COURT: Mr, Kabusk, do you have any 14 cases on that point? 15 MR. KABUSK: Yes, Your Honor, I would cite 16 to you the Turner case, not for-- for the point that the 17 Department can't be charged, cannot be charged with the 18 delay, because it's not the Department's fault, It is 19 essentially the judiciary's fault, The delay can't be 20 charged to the Department, That is Turner, 624 A,2d 759, 21 Fordham, 663 A,2d 868, And Pokav, 714 A,2d 1162, 22 THE COURT: Okay, Why don't we take a brief 23 recess and I'll see counsel in chambers and we'll look up 24 some of these cases, 25 MR, KABUSK: Just as a matter of 18 ~A- -_"~l~ -,. ,,---, ~,-,- - ~l' ~ I \ ' . r " I~ ~ , 'T ~ ~--~~', o o 1 housekeeping, if I didn't do it, I move for the admission 2 of what's been marked Commonwealth's Exhibit No, 1, 3 THE COURT: I believe that was admitted, 4 (Whereupon, a recess was taken at 10:06 a,m, 5 and proceedings reconvened at 10 :27 a,m,) 6 THE COURT: We will let the record indicate 7 that the Court has met in chambers with counsel and has 8 reviewed the cases cited, and we will enter this order, 9 (Whereupon, the following Order of Court was 10 entered:) 11 ORDER OF COURT 12 AND NOW, this 1st day of August, 2001, upon 13 consideration of Petitioner's Appeal from Suspension of 14 Operator's License Privileges, and following a hearing held 15 on this date, the appeal is sustained to the extent that 16 the period of suspension imposed by the Department, by 17 notice dated April 10, 2001, is reduced to 90 days, and is 18 otherwise denied. 19 By the Court, 20 Isl J, Weslev Oler. Jr. J, 21 22 23 24 is adjourned, 25 THE COURT: Thank you very much, and court 19 ~~ '~ f~",",_c~, '. ,,~' "'~,, f"~ _ '-": r.n "'_1 ~ ,', :- p' '. . . '01 '" , " " , u u " J:J U " 1 1 [11] , , 2,17 ,21-22, " , " 5:5,10- U n , 1/29 [2J 23.14 1/29/2000 12) 2:105:21 10 [1] 17:17 10,06 [1] 17:4 10,27 [1] 17:5 10,28 {I] 18:2 10th [4) 2:1.19.245:20 11 [ll 1511 11/11/2000 [3) 3:13,19,23 1162 [1] 16:21 11th [3] 8:1714:1415:4 1275 [116:22 1298 [1] 6:23 1532(d [4] 1014 2;6 3:15 4:19 18 15) 2:9,153:19,224:24 1st [1] 17:12 2 2 [3] 2:7,13 8:14 2/2 [2] 3:24 2/23 [1] 3:11 2/29 [2] 2;10.15 2/29/2000 [11Sc21 2000 [15] 2:3,10,14-158:3,12 9:24 10:4 11:2,1012:713:2014:1415:4,11 2001 (ll) 1012:1,19,243:244:35:20 a. 14 15:10 17:12,17 23rd [1) 4:2 25680271 [2] 2:24:6 29 [318"1211:212:7 29th {5] 8:39:2410:311913:20 2nd {l] 15:10 3 3 {2j:) 10 4:1 3/19/1981 {I) 4:7 3/22 14] 2:11,17,233:3 3/30/01 [1) 3:11 30 11) 12:25 4 4 12] 3:17,21 4/10 11] 1:23 429 [1] 6:22 5 5 {I] 4;4 '!I ~~, ". ~ , ,...., 6 >. 6/6 III 1:24 624 [1] 16:20 63 [2] 2:93:19 6307 (2] 4:2410:14 6308 {71 2:3,163:13,234:13,2410:12 6310 [1] 10:22 6310,3 [1] 4:24 663 (I] 16:21 7 , 704 [1] 6:23 714 [lJ 16:21 759 [1] 16:20 8 868 [1] 16:21 9 90 (5) 3:154:17 5:2 15:3 17:17 90-day lsl 4:3,11 5:23 6:5,6,13,18 13:11 9,42 [1] 1:3 A A [84J 1:4.6,1]-14,182:1-2,5,7,9,13, 15,21-22,243:5,12,14,184:1,4-5,11, 13,21,23,25 5:1-3,20,22-23 6:8,10, 15,20,257:2,6,11,14,198:5,12-139: 2610,14-1510:11,22,2511:1,1212: 8: l~, 22 13: 14,17,25 14: 3 -4,7- B, 18- 19 15:3 16:3.5_6,9.11_12.22,25 17:4, " A,2d 1516:22 23 16:20-21 A.m. (2) 1:3174 Able 12\15:6-7 About [4] 9:610:1411:1212:25 According {II 5:23 Acted (1) 2:22 Actually (3) 4:106:1516:11 Addition (1] 6:2 Adjourned [1] 17:24 Adjudicated [1] 10:10 Adjudication [1] 4:22 Admission [4] 4:235:4,717:1 Admitted [4J 5:10,1210:1117:3 After [6) 2:233:58:39:113:1616:10 Again (2) 3:251:25 Age (1) 10:19 Ahead (1) 3:7 Alcohol (2) 243:14 All (8) 1203:65:9603 9:13 13:1,8 16: U Alleges [1] 2:21 Allow (2) 6:258:7 Along (1) 1:19 Already [lJ 8:25 ~~ , r) , , Also [lJ 65 Although [lJ 16:12 Am (3) 14:2317:518:2 An [4] 1:13,155:1612:5 And [75J 1:4,15,17,23-242:16-17,21,23 3:2,8,114:1,4,11,16,19,225:13,21- 22,256:5,21-237'8,238:13,15-17, 249:3,8,1410:1,3,6-7,9,2511:412: ~~~~91~5 ~i3 1~~ ~9~~~~~~~~3 1~~ ~~~~~6, 12,14,17,23 Another [2] 3:614:12 Any [9] 4:21 5:6,21 10:11 11:7 13:1 15: 22,2416:13 Anything [lJ 15:17 Apparently (lJ 3:4 Appeal (4J 1:5,13 17:13,15 Appealing (2] 51815:13 Appears [1] 4:5 Appellant [1] 1:9 Applied [2J 8:12-13 Apply [lJ 6:23 Approximately [lJ 3:4 April [5J 2:1.19,245:2017:17 Are [5] 4:96:713:514:2415:2 Area (1] 12:18 Argue (2) 6:19,23 Arguing [lJ 6:2 Argument (3) 6:12,14 9:9 Arguments (1) 6:18 As [21J 1:14,162:2,5,83:12,15,184: 17,25 5:5 6:4 7:7 8:5 9:1,20 12:14 15:316:6,10,25 Ask [1] 12:2 Asserted [1] 11: 17 Asserts [lJ 7:7 Assigned [2] 8:5,18 Assumed [4] 12:913:14,17 At [14] 1256:2,229:11-12,14 10:6 13: 4-517:4-518:1 Attached [2] 2:11 3:20 Attention [5] 2:12,16,203:9,20 August (2] 1:117:12 Available [1] 13:2 Away [1) 12:25 B Back (2) 2:189:13 Barns [2] 14:4-5 Based [1] 12:11 Be [19] 4:255:236:2,67:148:5,11,13 11'4,9,19,23-2412'1.12,1516:11,19 Because (8) 2:203:3,96:38:111,2112:12 16:18 Been [5] 1:165:49:2010:1017:2 Before '1'1 (3) 6,19:113,16 Beforehand [1) 12:9 Being [5] 2:43:147:713:2316:8 Belief [lJ 12:17 Believe (3] 6:1712:14 17:3 Birth [1] 4:6 Both [2J 1:238:22 Bottom [lJ 2:16 Brief [lJ 16:22 Bringing [2J 2:203:8 Brought [113:9 Brush [lJ 14:8 Bureau [1] 4:1 But (3] 8:1011:1116:2 By Us] 1:112:53:154:25:169:2212: 4 13:12 14:11,21,24 15 2 17:16,19 c C.B, (3) 2:153:224:24 Call [119:17 Came (4] 8:6,1713:1816:9 Can [lJ 9:13 Canlt (2] 16:17,19 Cannot [1] 16:11 Card [1110:23 Carried [lJ 14:25 Carrying (1] 10,22 Case (6J 1:6 5:14 6:22 7:11 16:16 Cases \12} 6:21,23 '3-:3,5,10,111.5:2516:1, 11,14,2417:8 Certain [2] 11:812:6 Certainly [4] 2:21,237:5,11 Certification [2J 1:178:21 Certified [8J 2:11,173:34,244:217:18,21 Chambers [3] 9:1416:2317:7 Chance [lJ 9,11 Chapter [2] 2:93,19 Chargeable [1] 8:8 Charged [4J 9:2316;17,20 Charges [lJ 1:23 Christopher (1] 1:62:1,133:224:59:11,19 Cite [2J 6:2116:15 Cited [2J 9:411:8 City [1) 12:18 Clearly [lJ 7:22 Code [6J 1:14 2:6 3:16 4:19 10:12,15 Commonwealth [1] 107 Commonwealth's [6] 1:16,215:5,9,1117:2 Company [3J 12:2214:3,17 Concluded ?Jr I~~ -,.",..,..,.,~~- ~ ~i!~ [1] 18;1 Co,:'J'clusi:,,~n [lJ 913 Consideration [1] 17:13 Consists n; 122 Contact [1) 13:22 Conversation (2) 11,712:5 Convicted (5] 6:17:210:10,17,22 Conviction [20] 1:152:10,153:224:225:216: 20 7:7-a,14,23 8:2,4,12,14,20-21,24 16:9,12 Convictions (3) 4:10,13 7:17 Copy ll] 118 Correct ]17) 3:2 4:18 7:4 8:15 11:6 12:16, 2013:20-2114:1,6,14-15,2215:5,12, " Costs [1] 10:7 Could [lJ 7:9 Counsel [3] 1:916:2317:7 Court [0] 1:4,9,202:7,253:6,174:9,16 56,9,156:7,10,147:3,5,13,19,248, 10,19 9:3.12 11:19 12:1 13:10 15:7, 9,13,16,21,2416:13,2217:3,6-7,9, 11,19,23 Court's ill 3:9 Courtroom [lJ 102 Crimes [lJ 10,14 Criminal [1] 10:12 Critical [3J 6;19,247:1 CROSS [1) 13:11 Crucial I1J 6:1 D Date [21] 2: 10, 14 ,17 3: 3, 5, 2 3 ~ 24 4: 6 6: 1 7 : 2 2 ~ 2 3 6 2 0 , 2 3 24 1 0 : 9 1 2 : 14 17: 1 5 Dated [8] 1:232:1,9,193:11 4:1-2 17:17 Dates [3] 4:14 7:17 8:22 Day [1] 17:12 Days (5] J:15 4;17 5 215:317:17 Defendant [1] 4:5 Delay [51 2 21 6:3 6:6 16:18-19 Delinquency :1] 4:23 1I?,elinquent 1,1] 1010 Denied ill17:18 Department ]20] 1:7,102:223:14;205:126:4- 58:2,6,9,17-18,2013:22 16:3,17,20 17;16 Department's [712:163:255:13,199:916:1,18 Despite [1] 16:5 Determine [2111:22,24 Detriment [2] 6:611:22 Did [1315;15,248:610.1,3,6,812:14, 17,21 13:22 15:9,21 Didn't [2] 3:117:1 Different [114:14 Diligent 11] 16:6 DIRECT [1] 9:21 ,~'l)1~I'_i ~1~Sl<;:O Disposition 13] 2:153:5,23 District [5] 2:25347:1016:2,9 Do 1615:66:1015:17,2416'13 17:1 Don't [2J 5:816;22 Dover [1112:23 Down (3] 2:1612,2215:16 Drinking 1311:169:2411:2 Driverls [lJ 7:16 Drivers ll] 4:22 Driving (612:43:14 4 4,7 7:2213:2 Duly III 9:20 Duration [1] 4:25 E Easy (lJ 7:14 Ebner (ll 6:22 Effective 1211:243:11 Employed [4] 14:17,21,2415:2 Enter 11] 17:8 Entered (1] 17:10 Esquire (21 1: 10~11 Essentially (3] 9:714:716:19 Establish (1] 11:17 Even [ll15:2 Events (1) 14:13 Ever (4] 10:10,17,2113:22 Evidence [1] 5:12 Exactly [1J 9:9 EXAMINATION [2J 9:2113:11 Exhibit [6J 1:17,215:5,10-1117:2 Extent [lJ 17:15 F Fact [316:68:2411,22 Failure [2J 16:1-2 False 11110:23 Fashion [lJ 2:22 Fault [316:416:1e-19 February [5J 4:2 8:12,14 10 J 15:10 Feel [2J 11:812:6 Figure 1117:14 File (114:5 Find DJ 13:2316:6-7 Fine [1] 10,6 First [11] 5:1,226,6,157:88:6,1711,23, 2512:1516:12 Five [1] 1:22 Follow [1] 1:19 Following ;~I"T I' !2117:9,14 ~ Follows \.,_) [2] 4:259:20 For (35] 1.42:5,153:14 4:10,24-25 5:1- 4,20 6:15-16 7:e,23 8:2,4 9:6 10:11 11:1.9,25127.15,221410,13,18-19 15:316:1617:1 Fordham [1] 16:21 From [5J 1:510:25122515:14 17:13 Further [4115:6,8,17,19 G G [1] 1:9 Geitgey (1] 6:22 George [111:11 Get [1] 13:17 Given (1] 5:23 Glance [1] 9:11 Go [3J 3:7 9:13 12:16 Goes I1J 4:22 Going (1] 12:15 Good (1] 1:12 Guess (2] 7,13 9:15 Guil ty {41 10:1,3,915:9 H Had [12 J 9: 10 11: 11, 13 12: e ~ 9, 11, 13 13: 13 15:10 16:8 Hand [2] 1:1814:8 Happened [1] 11: 11 Harrisburg [1] 4:7 Has 13] 1:1617:7 Have [14] 5:6,246:108:710:1011:2313: 914:1215:6,17,21,2416:7,13 Having (2] 7:19920 He (9] 5 24-25 6.2 7:9 11:22-24 12:11 Hels (1] 7:7 Hearing [4] 1:57:209:1317,14 Hearsay (1] 11:14 Held [1] 17:14 Here (3J 5;197:816:7 Him (318:711:1312:11 His [11] 1:92:3-43:12,144:36:5,18 11,18-19,22 History [1] 7:22 Honor [25] 1:12,192:123:214:185:8.14, 17 6:9,13,18,21 7:4,25 8:16,22 9:10, 1611:15-1613:915:20,2316:5,15 House [1] 12:25 Housekeeping [1117:1 Houses !2114:4-5 I I [4611:17-162:12,16-173:6,205:4, 8 6:14,17-18,21,23 7:4,13 8:10 9:8, 10,14,2510:811:11,13 12:8-10 13:8, 1714:12,18,2315:1,816:6-710_11 1517:1,3 " I'd [1] 9:16 --r Pl_:l I'll [2] 12:11623 I'm [10] 2:203:7_64:12,197:199:510: 1612:22 ID [1110:23 If [511:186:247:9,14 17;1 Immediately [1] 3:1 Important [2] 6:218:23 Impose (2] 5:1,3 Imposed (3] 1:1311:117:16 Imposing I1J 9:6 In [30] 1:6,9 2:22 3:9 4:5,7,10-11 5: 176:1,18,237:10 8:4,6,e 9:1,7,13 11:712:6,18,2214:816:3,10,2317:7 Incident [4] 11:7,1112:513:17 Indicate (3] 1:85:1917:6 Indicated [3] 3:313:5,13 Indicates [2J 7:17,22 Indicating [1] 3:21 Informing (2l 3:124:2 Informs [112:2 Instance [1] 6:24 Interpret [1] 9:8 Into, (5] 4:235:128:6,1714:25 Irregardless (1] 9:7 Is (63] 1:4,9-10,13,17,22,24-252:4,7, 13-15,17,193:2-3,10,17,244:4,12, 17-18 5:10,13,21-22 6:14-15,19-20, 247:1,6,148:1,4,8,11,15-17,239:9 13:1,20,2514:5,14,2116:1,3,7,16, 2017:15,17,24 Issue [3] 1:253:71120 It [19] 2:17,223:4,94:15:226:6,20, 25 7:13-14,17 8:3.25 9:9 16:12,18 17:1 It's [11] 6:247:9,11,258:19-20,2211: 1612:2514:416:18 Item [1] 5:7 J J 12J 17:20 January [616:39:2411:2,912:713:20 Job (3J 13:6,2514:5 Jr 11117:20 Judiciaryls [1116:19 Just (3J e:l,24 16,25 Justice (5J 3:1,47:1016.2,9 K Xabusk [2e] 1:11-12,213:2,7-84:12,185: 136:10,12,177:7,24-258:15,229:5 11:14 13:10,1215:6,21,23 16:13,15, " L Ladder [lJ 14:7 Last l1J 11:8 Late (2] 7:1015:25 Later (2] 8:412:1 Law ~ '1_",,," """1"~. [1] 10'12 LC;!: 1 [1] u 12 Less [2] 2'24325 Let [2J 18 n:6 Letter (2) 5207018 License , [4J J 5 12:10 13,15 17:14 Licensee 12] 216:25 Licensing 11] 4.7 Like IIJ 916 Liquor 11] HL21 Little [1] 7:19 Lived [1) 12:19 Long [1) 16:10 Longer [1) 14:21 Look [3] 9:12,14 16:23 M Made {2] 11'8126 Mailed [2] 1:233:11 Make [2] 12:17,21 Mandated [2] 2:53:15 Manipulate (2) 6:257:9 Manipulating IlJ 7:12 Manner !1J 15:3 Marked (3) 1:165:517:2 Matter (3) 6'2011'1716:25 May {5] 118197:412:215:16 Maybe {I] 913 Me [1] 12:10 Mentioned [2) 11:13 12:8 Met (1) 17:7 Mind [J) 11:18-1912:6 Minutes [1] 1225 Misrepresentation (1) 10:19 Month [212;244:1 Morning [1] 1:12 Move (2) 5,417:1 Mr [59] 1:11-12,18,212:2 3.2,7-8 4:12, ~8 5: 6,8,13,15,17,22 6: 5,9-10 12 17 7: 4, 6-7,11,16,21,24-25 8: 11, 15, 22 9: 5,10,14,16,22-2311:14,16,2112:3_4 13:8,10,12-1315:6-8,17,19,21,23_24 16:5,13,15,25 Much II] 17:23 Must 11J 12:12 My 11] 12:25 N Name ]2) 2,133:21 Necessarily [1] 8:23 Never (2] 12,1113:18 No [28] 1:2.17,21-22,242:7,183:1021 5:5,87,96:5,810:13,16,20,2413-4 2414:212315:681.92316:517:2 ' "'Fj'~~"IJil~ , ;' '."~ ',' Not-~ [25) 6l4''!<k!i19,24 7:6,11,15 8:1,7,19, 23 9:9 11:9,16,23-24 12 6,15 13:4 15 13 16:1,6,8,16,18 Notice [14] 1:23,252:19,233:10,254027: 10 10:25 13:15 14:16 17:17 Noticed [1] 14:12 Notification [1] 12:10 No tify [1] 16:2 November [5] 8:1711:814:14 15:4,11 Now [4J 13:6,2514:1217012 Null [1] 12:12 Number [1) 4:6 o O'Connor (27) 1:10,185;6,8,15,176:97:4,6,' 16,21 8:11 9:10,14,16,22 11:16,21 12:3-4 13:8 15:7-8,17,19,24 16:5 Objection [2] 5:711:14 Obviously [1] 7:6 Occurred [13] 8, 3 ~ 4, 12, 14, 16,25 9: 7 12: 13 13: 17,20 14:13 15:4,10 Odd [1] 12:11 Of [130J 1:5-7,10,13-15,18,22-252:2-3, 5-11,14-15,17,19,23-243:3,5,10-12, 15,17-19,22-244:2-3,5-7,13-14,19, 21- 23, 25 5: 2 - 4, 7 ,16 6: 1, 3 ~ 5, 17, 19 7: 2,11,17-18,21-238:3,20-21,23-249: 2,7,1310:11-12,14,19,2211:2,9,17- 20 12:5,7,12,14 13:20 14:14,16 15:3- 416:1-2,24-2517:2,9,11-13,16 Offense [24] 1:164:105:1-2,256:1,8,15-16, 19 7:2,22 8:2,4 9:2,5 11:9,25 12:7, 1514:13 15:3,10,14 Offenses (5] 2,43:134:155248:24 Officer (1) 11:12 Official 1211:223:1ll Okay (11) 7:39:14 10:14,2111:4 12:1,3, 24 15:16,21 16:22 Oler (lJ 17'20 On (23] 1:52:33:13 4:22 5:20 6:3,6 7: 168:3,16,259'2410:312:1713:20 14:7,1315:4,91016'14 17:15 Once [2] 3:257:25 One [19] 1:13 2:5 4:10-11,17 5:3 6:7,15, 177:88:5,11,16,259:111:513:19 16:7 One-year {6] 1,13 4:11 6:7,15 8:11 9:1 Only [3J 5:239:1015:7 Opening (I] 5:15 Operating [J] 2:83:184:20 Operator's [3] 1:54:617:14 Opposed (1] 4:17 Or (8] 1:84:237:159:110:1011:715: " Order [J] 17:8-9,11 Ordering [2] 2:83:17 Original [2] 2,113:20 Other [2] 13:1-2 Otherwise (1) 17:18 Out [4] 2:237:14 12:113:23 Outside [1] 12:18 - I' Over [1) 14:25 Own [1112:6 ,~ \'- p Pa {3] 2153:224:24 Page [2] 7:17,21 Paid [1] 14:10 Paint [2114:4-5 Painting (4] 12:2214:3,10,17 Part {I] 6:3 Particular {I] 5:.25 Patrick [lJ 1:9 Pay [1] 10:6 Penalties [ll 9:6 Penalty (1] 8:5 PennDOT (4] 7:1111:112:913:14 Pennsylvania (5] 1:74:86:411:1212:23 Period (11J 2:53:155:2310:2211,412: 13 14:18-19,25 17:16 Person [3] 4:217:116:8 Petition (1] 3:10 Petitioner (4] 1:82:213:124:2 Petitioner'S (2] 1:1517:13 Place (3] 1:45:258:7 Plans [2J 12,18,21 Plead [3J 10:1,315:9 Pleaded [1] 10:9 Point [4] 10:13 13:4 16,14,16 Pokay [1] 16:21 Preadjudication [2] 4:2310:11 Present [3] 1:99:1515:18 Pretty ]lJ 7:14 Prior 12J 10:17.22 Privilege (4] 2:43:14,184:21 Privileges (3] 1:52:817:14 Proceeding [1] 18:1 Proceedings [1] 17:5 Program [2] 4:2310:11 Provided [1] 1:18 Pursuant (1] 1:13 Q Question [2] 12:215:1 Questions [3] 13:815:5,8 R Rather [lJ 5:16 Reason (2] 8:5,16 Reasonable [1] 13,15 Rebuttal [1] 15:22 Recall (1] 16:10 Received (5] 2:228:2-310:2514:16 Receives [1] 8:20 Receiving [1] 4:21 Recess [2] 16:2317:4 Reconvened (lJ 17:5 Record {5J 1:84:4,217,168:2517:5 Records [1] 5:19 Reduced [1] 17:17 Refer [1] 2:18 Referring [3] 4:1,1913:19 Regard [1] 5:17 Related (2J 2:4 3:13 Relates (1) 6:8 Relating (lJ 10:12 Relevant (1] 11:20 Relied (2) 5:511:22 Report [2] 2:73:17 Represented [1] 1:11 Respond [1] 5:16 Responded (1] 16:8 Response (2) 5: 11, 18 Result (8] 1:142:2,93:12,189:215:315:1 Resulted [1] 15:14 Resulting [1] 4:10 Reviewed [1] 17:8 Right [5] 1:203:65:913:114:9 s S [1] 17:20 Said (lJ 12:11 Saw (lJ 16:11 Say L>I 7:13 9 4 13:14 Saying (8J 2:254:9,126:78:11,199:3,5 Scenario (1] 9:9 Seal (3] 1:172:113:19 Search (lJ 15:6 Second (11) 5:26:1,16,207:2,6,14 9:2,6 11:1115:11 Section [9] 1:142'3,53:13,154:13,1910: 12,14 Secure (lJ 10:21 Secured [1] 13:25 See [1] 16:23 Seems [2] 8:11,13 Send (3] 3:112;1013:14 Sending (lJ 7:10 Sent [2] 2:235:20 Shall [4] 4:20,255:1,3 Short 1~ "1 I.___.~ '.""",'~- ,~ 12114:18-19 Shpul..;1. .. [41 5 22 6' ~ 8: 5,7 Simple 12J 6:208'7 Situation 14111:1312,8,1216:6 Slice 111522 So i71 1:19 4'98:1911:2312:1415:2,9 Some I1J 1624 Sorry l3i 3:77,1910:16 Sort !lJ 12:1 Stand 11J 9;17 Standing [1114:7 State 13111:12,18-19 Stated 1111325 Statement [115:16 States [114:20 Stating [lJ 14:19 Statute [1] 5:23 Step [1] 15:16 Still [2] 14:23-24 Subexhibit [11] 1:22,242:7,13,183:10,17,214: 1,4 Subexhibi ts [1] 1:22 Such [1J 16:6 Suggest [1115:25 Support [119:8 Suspend [114:20 Suspended !13] 2:53:146:2,67:711:9.23-24 12:7,15 13:23 15:3 16:8 Suspension [39] 1:5,13,23.252:8,243:11,184: 3.11.16.25 5:1,3,18-19,23 6:8,15 8: 11,13,189:110:2511:1,4,2012:10 13:15,1814:13.16,2515,1416:1,3 17:13,16 Suspensions [217:18:8 Sustained [1117:15 Sworn [1] 920 System {II 7,12 T Take [2] 9:14 16:22 Taken [1] 17,4 Talk [1] 9:6 Talked [1] 11:12 Tardy [1] 15:25 Testified (I] 9:20 Testimony [1115:22 Than [4] 2:244:16:1613:2 Thank 12115:1617'23 That 110311'8,18 19,24-25 2;2,12 3:2,8 12,21,25 4:9,16 5;7,13,18-19.22 6'2, 6.11.14,18-20,23-257:1,98:1-2,4_6, 12,14-18,249:3-510'&.9,13,17,22 11:4.8,23-24 12:5-6,8-9,11-14,17-18 13:5,13,17-20,2514:1,12-14,16,21 15:1,3,10,13-14.2516:3,11,14,16,20 17:3,7,15 That's ~'%1t ~~ '"\. 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[218] 1:4-6,8,10,14,20,242:1,6,8, 11.13-14,16-18,21,23,25 3 1,3-6,8-9, 12,15,18,20-21,254:2,5,7,9,16,19- 20.22,24-255:1-2,4,6-7,9.13,15,18- 19,236:1,3-7,10,12,14,16,19,22,24 7:1.3,5,8,10,12-13,16-19,21-248:1- 4,6,8-11,13,16-21,23-259:1,3,8,12- 13,1710:6,9,12,1411;1,9,11-12,14, 17,19-20,22,2512:1-2,7,12,15,1813: 8,10,16.19,2214:13,17,2515:3,7.9- 10,12-16,21,24-2516:1-3,7-8,10,13, 16-20,2217:1,3,6-9,15-16,19,2318:1 Their [1] 16;9 Them [5] 9:12,14 14:21,24 15:2 Then [3] 2;174:2212:17 There [714:9,12,148:2511'712:513:1 There's 1212:217:9 Therefore [2] 41416:9 These [1] 16:24 They [3] 9:112,1114;4 Think [3] 3:66:148:10 This [lEI 1:4,12 2 20 3:14:10,16 5 25 6: 7,15,247:69:911:112:113:417:8, 12,15 Those [6l 4:136:239:5,8,1116:11 Though (1115'2 Thought 11] 11' 24 Time [10] 1:48:49:1,710,6,17,2212:13 13:1616:10 Timely 1212:2216:3 Timing {41 6:19,248:1,7 Title (2) 2:93:19 To [7711:13,16-192:1,4,11-12,16,18, 203:1,8,13,204:1,17.195:7,15,18, 236,5,8,11,18,21,257:10,14 6:7-8, 11-13,189:8,11,15-1710;9.11-12,17, 21-2211:4,12-14,16-17,20-2312:15, 18,2113:2,19,2214:515:10,1716:2, 6-8,16,2017:15,17 Today [2] 1:255:18 Told [1] 12:10 Took [IJ 5:25 Total [1] 10,6 Transportation [4] 1;7,106;413:2 Triggers [1] 9:1 Trouble [117:20 True [1] 7:9 Truth [1] 11:17 Trying [1] 11:21 Turn [3J 2:12,163:20 Turner [2] 16:16,20 Two 18] 4:10,12,145:246:217:17,218:7 u Uh-huh 121 14: 11. 20 Under [211:174:24 Underage [3] 1:159:2311:2 Understand [1] 8:10 Unlawful 11] 16'4 Unreasonable i~ \, } [1] 6:3 Until [1] 10:13 Up [5J 1:19 3:9 10:9,13 16;23 Upon [2] 4:2117:12 v V [lJ 1:6 Vehicle [5J 1:14 2:6 3:16 4:19 13:3 Very [1) 17:23 Violating (2] 2:3 J:13 Violation [17] 1:152:3,9,143:12,19,22-234: 13.24 5:20,22 8:23 10:11 11:2 16:10, " Violations [1] 4:14 Void [1] 12:12 w Want [1] 5:15 Wanted [1] 9:15 Was [28] 2:173:9,14,254:15:11,206:1, 12,25 1,10 6:25 9:25 11'4,7 12:5,9, 16 14:18 15:1 16:6-7,11 12 17:3-4,9 Way [4] 5:16,217:98:8 We [7] 1:69:13 11:23 16:7,22 17:6,8 Weill [2J 9:1216:23 We're [3] 5:186:211:21 Well [2] 7:138:10 Were [9J 4:13-14 9 23 10:17,2112:15 13: 23 14:17 15:3 Wesley [1] 17:20 What [5] 1:166:127:110:1414:10 What1s [4] 5:46:208:2317:2 When [4] 9:711:1113,2314:16 Where [3] 12:2115:2516:8 Whereupon [5] 5:11 9:18 17:4,9 16:1 Whether [3] 8:2511:22,24 Which [5] 4,4,2011,1.612:19 Why [6] 4:168:5,16,1811:1916,22 Will [3] 1:817'&,8 With [6] 1:99:2314:3,616:1717:7 Within [1] 13:16 Witness [3] 9:1515:12,15 Witnesses [1] 15:19 Work [2] 12:16,21 Working 13] 12:2213:515,1 Would (20] 2,16-173:20,246:6,18,21,23, 25 7:13 9:8 11:9,19,23 24 12:6,10 1]:14,1716:15 Wright [13] 1:62:2,14 3,22 4,6 5:22 6:5 7: 119:17,19,2313:13 y Year [14] 1:13 2:5 3:5 4:11,17 5:3 6:7, 157:88:119:111:1,5,8 Yes (16] 5:176:9,177:169:16,25102, 5,811:313:714:2,4,1815:1216:15 You ~"l~~r. [60] 1:19 2:18 3:24 5:6,15,21 6:7. 10,217:13,20 9:4.15,23 10:1,3,6,9- 10,17,21,2511:812:2,6,14,17,19,21 13"2,5,13-14,2223.2514:12,16-17. 2415:2,9,1617.21.2416:13,161723 You're [9] 2:254:98:1951:313:1914:10. 19,2115:13 Your [35] 1:12,192:12,16,203:20-214: 185:8,14,176:9,12,18.217:4,258: 15,229:10,1610:1911:14.1612:6 13:2,9 14:5,8 15:1,19,23 16:5.15 31 ~ -,~!'~' .. ~ ;. ~~t~L ," ,~_h, ~ _,_,_.,.'t~,_ o o C E R T I F I CAT ION 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. The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. A \j 0' L'-{! 2" 0 (_ Date ~ Wesley >> 3r , - '" ~ . - - ~,- '-"'1-'':1 - . . I r ., 1 ~, I -~~.. ~~~ o o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p, WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY LD, NO, 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 vs, } IN THE COURT OF COMMON PLEAS } OF CUMBERLAND COUNTY, PA } CHRISTOPHER H, WRIGHT, Appellee COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO, 01-2842 CIVIL TERM Statement of Matters Complained of on Al2Peal TO THE HONORABLE, THE JUDGES OF THE SAID COURT: NOW COMES the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant, that, by and through its attorney, Timothy p, Wile, Esquire, in compliance with the requirements of Pa, R.A.P. 1925, hereby sets forth the matters about which it complains with respect to its appeal of this Court's order of August 1, 2001: 1, The trial court erred as a matter of law when it reduced the term of suspension for Appellee Wright's conviction for violating 18 Pa,C,S, S6308 on January 29,2000, from a ?Ii :f;/;lfI\J _,~,___" ." , _ - ...,., . I ~" "'r"--" Jill!1;,. ;<. "', .' '~'-" ., -' o o period of one-year to a period of 90 days where the conviction for Appellee Wright's January 29,2000, Section 6308 offense was the second underage drinking conviction to be certified to the Bureau of Driver Licensing and a second underage drinking conviction mandates a one-year suspension under both 18 Pa.C,S, ~6310.4(b) and 75Pa,C,S. ~1532(d). The fact that the issuing authority certified Wright's conviction for the January 29, 2000, underage drinking offense after the issuing authority had certified to the Bureau Wright's conviction for a November 11, 2000, underage drinking offense does not entitle Wright to two 90-day suspensions for a first and second underage drinking conviction, See Ciaccia v. Department of Transportation, Bureau of Driver Licensing, 2001 Pa. Commw. LEXIS 622 (Pa, Cmw1th, 2001). 2, The Bureau reserves the right to argue any additional issues that may be raised by the common pleas court's opinion filed in support of that court's order of August 1,2001. Timothy p, ile Assistant Counsel In-Charge Appellate Section Vehicle & Traffic Law Division Attorney LD. No. 30397 Attorney for Appellant ~ r'~r I'" - ........- ~ '"", o o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHYP. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY !.D. NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 CHRISTOPHER H, WRIGHT, Appellee } IN THE COURT OF COMMON PLEAS } OF CUMBERLAND COUNTY, P A vs, } COMMONWEALTH OF PENNSYLVANIA, DEl'ARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO, 01-2842 CIVIL TERM Certificate of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing Statement of Matters Complained of on Appeal upon the following persons in the following manner, which service complies with the requirements ofPa, 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 G. Patrick O'Connor, Esq. Attorney for Appellee Wright 3105 Old Gettysburg Road Camp Hill, PA 17011 ~ OTHY p, WILE epartment of Transportation Date: August 31, 2001 41 -,*;:'~1!I!1 I~ . I- - ~- '.'~.",. W~~_~",_~ -,.. .' ....,.,"', "o'''''''''tif"iIIi'''' "N~',"" lrnlil~'"'- (') C' :::i '-< mn c) C/) n, " u. '0 (.~ ::;::f :J.::J -< ~~c' (,~i ~ ;J~ [~ ::...-. ~ ,rlll'-' .~..""C"' ~~~Il!lIIt1[ llj!~~~~'1')""..-.c~")'P".::+";;f'.'~""-"'~";~'"';'''!~''''''''''''''.''A:a;'l':''''''I~~1'",''~rrt;)~'f0'0",~1f,ij;ffl-r.-l}~iI!~~~( o o CHRISTOPHER A. WRIGHT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING, Respondent NO, 01-2842 CIVIL TERM IN RE: OPINION PURSUANT TO P A. R.A.P. 1925 OLER, J" September 12,2001. In this license suspension case, Respondent, the Pennsylvania Department of Transportation, has appealed to the Commonwealth Court from an order of this court partially sustaining an appeal by Petitioner, Christopher A. Wright, from a one-year suspension of his driving privileges imposed by the Department pursuant to Section 1532(d) of the Vehicle Codel in response to Petitioner's first conviction for an offense related to underage possession or consumption of alcohol? The court denied the appeal with respect to Petitioner's claim that the suspension should be invalidated due to delay in notification, but sustained the appeal to the extent that the period of suspension was reduced to 90 days, the period applicable to a "first offense" under Section 1532(d).3 The case presented the issue of whether a licensee's first conviction could be deemed to be a "second offense," for purposes of applying enhanced penalty provisions of Section 1532(d) of the Vehicle Code, when the licensee's first conviction occurred at a point in time prior to a second violation and subsequent conviction.4 The court concluded 1 Act of June 17, 1976, P.L. 162, No. 81, ~ 1, as amended, 75 Pa. C.S.A. ~ 1532(d) (West 1998 & Supp. 2001). 2 See Respondent's Notice of Appeal, filed August 16, 2001; Order of Ct., August 1, 2001. 3 Order ofCt., August 1,2001. 4 N.T. 7, Hr'g August 1,2001 (hereinafter N.T.~. 41. ~, ^' -<" . -, - -. ~.- .. , -. <--_-._I~_W~ .' ,_~. , . '. -. "1,--. ,..".,.- _ F . ~.~ ~ ~. - ~,.,.~ ..~ '.~~'^~-""> ",.,' -<::1 -, VINV/\lASNN3d JJNnO:) C~NlU:=j8V~n:J 21'] ; I ~Id S I d3S 10 I'V''''I ,", ","-. ^b'f.lv' 'Ail'U'.A;'~' 381::l:l0--{J3--id ~ ,~''''',,,' ~ 'j ~"'->-'<""",~',--.",, 4" .-,,,,,,.,,,-,,,,1P'''''-'' " ""' _jO !lirJilW!lII~I!M" ~~"'."'$!'mo~"""'",H"~",l'-'&;"_0i!g->!;f~JiWm~*<~.~~!i!w'IrM~~~~~ ":-1.-') o o that the first conviction was a "first offense" under Section 1532(d), and that the Department of Transportation had improperly applied the enhanced penalty provisions of that section to a "first offense." Following the entry of the court order and the filing of Respondent's Notice of Appeal, the Commonwealth Court, in Ciaccia v. Pennsylvania Department of Transportation, held, on facts similar to those in the present case, that a first conviction was properly deemed a "second offense," for purposes of the enhanced penalty provisions of Section 1532(d), when the Department previously had received a record of a second conviction and had imposed a suspension applicable to a "first offense" in response to the second conviction.5 From the holding in Ciaccia, it is clear that this court's analysis of the enhancement issue was in error and that the Department's suspension should have been upheld in its entirety. This opinion is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). STATEMENT OF FACTS Petitioner is Christopher A. Wright, 20, and resides at 1714 Cornell Road, Camp Hill, Cumberland County, Pennsylvania. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (hereinafter Department),6 Petitioner was convicted on two separate occasions of violations of 18 Pa. C.S.A. 96308, which relates to the underage possession or consumption of alcoho1.7 Both the first violation and conviction occurred before the second violation and conviction. The date of the first conviction, for the violation that occurred on January 29, 2000, was 5 Ciaccia v, Pa. Dep't ofTransp., 2001 Pa, Commw. LEXIS 622 (August 20, 2001). 6 N.T. 3, 7; Commonwealth's Ex. 1, Hr'g August 1,2001, at 2 (Report of Court Ordering Suspension of Operating Privilege) (hereinafter Commonwealth's Ex. 1). 7 Act of December 6,1972, P,L. 1482, No. 334, 9 1, as amended, 18 Pa. C,S.A. 96308(a) (West 1998 & Supp, 2001) ("A person commits a summary offense ifhe, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages. . . .") 2 45 ~~. ., ,~ 'L r. ,_,< '." ."' ,P~,,_~", ~~ . ,- , o 0",' " February 29,2000. The date of the second conviction, for the violation that occurred on November 11,2000, was February 2, 2001.8 Pursuant to statutory requirements, records of these convictions were certified and forwarded to the Department;9 however, the Department received the record of the second conviction before it received the record of the first conviction. The record of the first conviction was not forwarded to the Department until March 22, 2001, more than a year after the first conviction date, During this interim, the second conviction occurred and a record of that conviction was forwarded promptly to the Department on February 2, 2001.10 On February 23, 2001, in response to the record of the second conviction, the Department mailed to Petitioner an official notification of a license suspension, The notification stated, in pertinent part, as follows: As a result of your violation on 11/11/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DA YeS) as mandated by section 1532D of the vehicle code. f1 On April 10, 2001, in response to the record of the first conviction, the Department mailed to Petitioner another official notification of a license suspension, The notification stated, in pertinent part, as follows: As a result of your violation on 01/29/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED 8 N.T. 4-7; Commonwealth's Ex. 1 at 2, 4 (Reports of Court Ordering Suspension of Operating Privilege), 9 Act of March 25, 1988, P.L. 262, No. 31, S 11, 18 Pa, C.S.A. S 6310.4(a)("Whenever a person is convicted. , , for a violation of. . . [18 Pa. C,S.A. S 6308], the court. . . shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.") 10 N.T. 4-7; Commonwealth's Ex. 1 at 2, 4 (Reports of Court Ordering Suspension of Operating Privilege). 11 N.T. 4-7; Commonwealth's Ex. 1 at 3 (Department's Notice of Suspension). The effective date of the suspension was indicated to be March 30, 2001. Id. 3 Lf1t- 0~",~_~< 0","'- ~~"",Aj~C"'<,"," -".-'T." ,'"-'/ ,< '~,~.Ii~;'}'!'- '-"_""",~,,-f ".~,__'" '"I,r-" '1'1' " ,~ o o for a Eeriod of 1 YEAR(S) as mandated by section 1532D of the vehicle code. On May 10, 2001, Petitioner appealed to this court from the one-year license suspension.13 At a hearing on the matter, Petitioner argued that the suspension was invalid because of an unreasonable delay between the point at which Petitioner was convicted of the violation and the point at which the Department notified Petitioner of the suspension.14 Respondent argued that the delay between the conviction and the imposition of the suspension was not caused by the Department, and that, therefore, the suspension is validY Alternatively, Petitioner argued that, under Section 1532( d) of the Vehicle Code, the Department was required to impose a 90-day suspension in response to a "first offense." Petitioner argued that the Department violated this statutory mandate by imposing a one-year suspension, the period applicable to a "second offense," in response to the record of Petitioner's first conviction.16 Respondent argued that the Department may impose a suspension for a period applicable to a "second offense" in response to a record of a first conviction when the Department previously has received a record of a second conviction and has imposed a suspension applicable to a "first offense" in response to the second conviction. 17 On August 1,2001, the court denied the appeal with respect to the contention that the suspension was invalid because of unreasonable delay; however, the court sustained I2 N.T. 4-7; Commonwealth's Ex, 1 at 2 (Department's Notice of Suspension). The effective date of the suspension was indicated to be June 6, 2001. Id. 13 See Petitioner's Appeal from Suspension of Operator's License Privileges, filed May 10, 2001. Neither party has appealed the 90-day license suspension imposed by the Department by notification dated February 23, 2001. 14N.T.8, 15 N,T, 4, 18, 16 N.T. 7-8. 17N.T.8. 4 40 '~~llJl1 ,,-- ".. , '- <. ~"""'""" , ,_'e -". ",,;),~--,-'-,_. - , , 1-- .1. o o the appeal "to the extent that the period of suspension imposed by the Department, by notice dated April 10, 2001, is reduced to 90 days.,,18 On August 16,2001, Respondent filed a notice of appeal to the Commonwealth Court. 19 DISCUSSION Statement of Law Unreasonable Delay. The relevant period for determining whether a license suspension is invalid because of an unreasonable delay in notifying the licensee is the period between the point at which the Department receives the record of the conviction and the point at which the Department notifies the licensee. Pokoy v. Pa. Dep't of Transp., 714 A.2d 1162, 1164 (Pa. Commw, Ct. 1998). "In other words, only an unreasonable delay by [the Department], and not the judicial system, invalidates [the Department's] license suspension." Id Enhancement Provisions, Section 1532(d) of the Vehicle Code, which includes enhanced penalties for repeat offenders, provides, in pertinent part, as follows: Additional suspension.-- The department shall suspend the operating privilege of any person upon receiving a certified record of the driver's conviction. . , for a violation under, . . [18 Pa. C.S.A. ~ 6308]. The duration of the suspension shall be as follows: (1) For a first offense, the department shall impose a suspension for a period of 90 days, (2) For a second offense, the department shall impose a suspension for a period of one year. (3) For a third and subsequent offense, the department shall impose a suspension for a period of two years, Any multiple suspensions imposed shall be served consecutively. 75 Pa, C.S.A. ~ 1532(d). The Statutory Construction Act, which governs the interpretation of Pennsylvania statutes, provides, in part, as follows: 18 Order ofCt., August 1,2001. 19 Respondent's Notice of Appeal, filed August 16,2001. 5 # ,,,' - ^ ~ ',"",,"-. .' " ___-If_~ "'-5,0- ,~" _, "~'''''?f'-''-' _"; ,- r'. -/f'''.,]-- _ " -- '-c'.' '~'I" , . I .'-" ~ , , " o o When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit. Act of Dec. 6, 1972, P.L. 1339, No. 290, ~ 3,1 Pa. C.S.A. ~ 1921(b) (West 1998 & Supp. 2001).20 As noted previously, the Commonwealth Court has recently held that it is "the order in which the Department receives the conviction that determines whether the violation is deemed a first or subsequent offense," and that, therefore, a suspension applicable to a "second offense" may be imposed in response to a first conviction if the Department previously has received a record of a second conviction. Ciaccia, 2001 Pa. Commw, LEXIS at 4-5. In Ciaccia, the Court reasoned that, because the receipt of a certified record of the driver's conviction is a "condition precedent" to the imposition of a suspension under 75 Pa. C.SA ~ 1532(d), the date of the receipt of the record of the conviction, rather than the date of the conviction itself, is the proper focus to determine whether the conviction is a subsequent offense. Id. at 4. Annlication of Law to Facts Unreasonable Delay. The court found no merit in Petitioner's contention that the license suspension was invalid because of an unreasonable delay between the date of his first conviction and the date of his notification of the suspension imposed in response to that conviction. Only unreasonable delay by the Department serves to invalidate a license suspension. In this case, however, the delay was attributable almost wholly to the judicial system; the Department was responsible for a delay of only 19 days. Because 19 days was a reasonable period in which to notify Petitioner, the suspension was valid. See Fordham v, Pa. Dep't of Transp., 663 A.2d 868, 872 (Pa. Commw. Ct. 1995) (holding six-month delay to be reasonable); Pa. Dep't of Transp, v, Russo, 96 Pa. Commw. 187, 189,506 A.2d 1349, 1350 (1986) (holding five-month delay to be reasonable), 20 "When the language of a statute is plain and unambiguous and conveys a clear and defmite meaning. . . the statute must be given its plain and obvious meaning." Davis v. Sulcowe, 416 Pa. 138, 143,205 A.2d 89, 91 (1964); see also 1 Pa, C.S,A. ~1903 ("Words and phrases shall be construed. . . according to their common and approved usage. . . ,"). 6 1ft --" '" ., ,,-c--*~-, ;_""~';;_'_,<,,~ .',r >__,,~"; _" ~, ^ ,_j_^> . .. _~>,,_ _ " o ~ \ .I ~ '{ Enhancement Provisions. The court sustained Petitioner's appeal with respect to his claim that the Department lacked the authority to impose a one-year suspension, the period applicable to a "second offense" under 75 Pa. C,S,A. 1l1532(d), in response to his first conviction. In so holding, the court was attempting to apply Section 1921(b) of the Statutory Construction Act, notwithstanding practical difficulties which would obviously result where, as here, the Department's receipt of notices of (first) convictions was delayed. This approach, as it developed, proved to be inconsistent with the subsequent holding in Ciaccia. BY THE COURT, G, Patrick O'Connor, Esq. 3105 Old Gettysburg Road Carnp Hill, PA 17011 Attorney for Petitioner George Kabusk, Esq, PennDOT, Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Attorney for Respondent 7 i({ "'~'J~___"""" _-, '~"'-"'_.''"''_-'-''"C'-_''.' ~':-='I" ~'''''-'_',: ," ',' _., '., __ - I '-I ( """' CoMMONWEALTH OF PENNSYL V.ANlA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: TERRAN<;E M, EDWARDS ASSISTANT COUNSEL APPELLATE SECTION VEHICLE & TRAFFIC LA W DIVISION RIVERFRONT OFFICE GENTER, THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 CHRISTOPHER A. WRIGHT, Appellee " , } IN THE COMMONWEALTH COURT OF PENNSYLVANIA } vs, } # DI- J-rfL (i~ COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 1891 C.D, 2001 AND NOW, this ORDER !;2.l1ayof ()wv6[~ ,2001,upon consideration of the Motion to Remand filed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant, in the above- entitled matter, and in consideration of the opinion of the Honorable J, Wesley Oler, Jr" said Application is hereby GRANTED and: 1, The Order of the Court of Common Pleas of Cumberland County, at docket number 0 1- 2842 Civil Term, dated August 1,2001 is hereby vacated; and 2, The matter is remanded to the Court of Common Pleas of Cumberland County, for -'r,fYBl!!~.~"," .. ,~... proceedings consistent with the op4llon of Judge Oler filed September 12, 2001, Jurisdiction is relinquished, Each party to bear their own costs, '. BY THE COURT: ~ tJ~~. ~ S. J, Certified from the Record OCT 1 5 2001 and Order Exit i~~ .'-'" .' - ,'.'-"<, -" . -..f ,~~ -, .~-,. I" ,. < <~'~~'N ~~ .., ~,-'~, ,"--- . ~~ ~ "._'-~,--,~ ,.~. o ~; q5[? ~h\-,: .::; ~---" ~C-~ $'~l ~ :S -< ~, , .. c.) CJ ~;I :::J -'-,'j ::-) --'""j -F~ -=- [~-'i --2 (~:~; j;~ --< .,-,: ::(,. -< "-.c- :D.. ...,,... ,~ c ~" o;l!!t!lllQlll~~ ..~~"'__~ ._~II!""",o, ."_,~_~~;~"1'1i:4;""~"""CH;1',-:C""','1"y";;C":'",,'Fg,,,WJ,;'!:I[.~~~~ffiffi~~'M~~ "-b!lUI. _i , ~.r.; . , , " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: TERRANCE M, EDWARDS ASSISTANT COUNSEL APPELLATE SECTION VEHICLE & TRAFFIC LA W DIVISION RIVERFRONT OFFICE GENTER, THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 o 0 c u~ g rnd-) - Z:r -I zc N ~~~:_' c.n !;:C; j;~, ---;17'--_, ~(-I >c:" ~ ~ 8 , --;'::),=1 ,~~~) 'c ,'-) -, '.' ......;,- w S~ ,> :0 -< ORDER AND NOW, this p.71ay of ()uuiJ [.77< .2001, upon consideration of the Motion to Remand filed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant, in the above- entitled matter, and in consideration of the opinion of the Honorable J, Wesley Oler, Jf., said Application is hereby GRANTED and: 1, The Order of the Court of Common Pleas of Cumberland County, at docket number 01- 2842 Civil Term, dated August 1,2001 is hereby vacated; and 2, The matter is remanded to the Court of Common Pleas of Cumberland County, for .,,--- - ~~. '\ \ .. . , . J ,,-' ", "~:: . . .:~. __ ;rUfrr~[ :;:, l' proceedings consistent with the opunon of Judge Oler filed September 12, 2001. Jurisdiction is relinquished, Each party to bear their own costs, BY THE COURT: > tJ~ ~. ""'r- .. S.J, Certified from the Record OCT 1 5 2001 and Order Exit .. . .... Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 10/99 cr1231 '~'-,. -~ ,~ ., - c~ CHRISTOPHER A, WRIGHT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO, 01-2842 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of October, 2001, upon consideration of Petitioner's Appeal from Suspension of Operator's License Privileges, and following a hearing held on August 1, 2001, and upon remand from the Pennsylvania Commonwealth Court by order dated October 12, 2001, for entry of an order consistent with this court's opinion dated September 12, 2001, Petitioner's appeal is denied and the suspension imposed by the Department, by notice dated April 20, 2001, is affirmed. BY THE COURT, o o _ c:. ,..-:) -c ~~\ B .-\ \~~~~. ~ 0:'?~- 1/l) :='. % ~3 ::: J7C':. .- ~ ~ ,L G. Patrick O'Connor, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Petitioner , ~~ 10-30-01 ~ :k:I!,JI . ~" '.' --",-~,,,,'~,~,PF,,I~"'_'_-,c1,__' ,_~_",,_'.' ~,_, ~ ,~ . 'r~ ;- ''.'l '.~:_~ ';;2- ~:".>~\ :j}JA '.:::'.-\. 51 -< ~ ..,... - ~.~~ J George Kabusk, Esq. Office of Chief Counsel Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc ~~J, 'cd",_, , " I '--'~ -~ ,~, - 'C", , '<1' -,-," -I, ", -,-c ~ DL-326 (9/95) CERTIFICATION DATE: July 23,2001 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF,I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 04/10/01, effective 06/06/01; 2) Report of a Court Ordering the Suspension of Operating Privileges as the Result of a Violation of Chapter 63 of Title 18, dated 01/29/00, date of conviction 02/29/00, date certified 03/22/01, seal attached to original; 3) Official Notice of suspension dated & mailed 02/23/01 , effective 03/30/01; 4) Report of a Court Ordering the Suspension of Operating Privilege as the Result of a Violation of Chapter 63 of Title 18, dated 11/11/00, seal attached to original, and 5) Driving Record, which appears in the file of the defendant CHRISTOPHER A. WRIGHT, operator's no, 25680271, date of birth 03/19/81, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania, CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. 996103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID, <&~e~.",1. ~' ' SEAL REBECCA L. BICK[ Y, DIRECTOR BUREAU OF DRIVER LICENSING Commonwealth's EXHIBIT 0>/1/0/ I;JC,-/ "Il1lt -1 "'~"""'" _ e _ COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bur..u of Driv.r Licenain, N.rrisbu""A 17121 APRIL 11, 2881 --- CHRISTOPHtR 1 WRIGHT 171~ CORNELL ROAt CA"' HILL PA 11011 D'D1i~"_2'O~I~ DOl D~/DI/2DOJ, IAau'" 01/).'1/11111 LICENSE IN IUREAU D..r MR. WRIGHT: As a r.sult of wour vielation on 81/29/2... of vieletin. SecUon 61t8 (offen... ,e1at.4I to .1c....1). w...,. 'rhin, p'ivi1e.. is b.i". SUSPENDED 'or . ..,.iod of 1 YEARCS) e. ..nd.t., bw s.ction 15SID of tba ..bicl. c.... The ,,"'..Un _'te of a.I......le.. ie ..,,,,..,, 12&11 .... Tho .bove .entione. a.nction is in .ddition to a"w p,a- viousl. Issued s.netlon(s). Vou "'ve the ,a.ht t. .pp..l t... .....,......,.. ..tt.. t. t.. tDurt of C...on PIe.. (Civil Division) within 'I .... of the ..U dat. (APRIL 11. 2.8U of thia noUce. 1JltJIMI11II. tut this CiVil App..l i. in .ddition to .n. appeal we. ..... to file ".. the crl.inal conviction. THE APItlAL MUST .. ..NT IV CD'nP18 MAIl. TO. PINNSYLVANIA aeHRTMIRT OF 'JUlIn "TAT." OfIJlIC. ... .......1. THIRD PLOOR, RIVRJltUJfIT ..... ....,. HARRI8IUU, ItA. 111" liheer.l.. ~~,~ R.bacce L. lickl.., lirect., Bur.eu of Dr1..r Lie.nsin. ~\ :(.JmlIfJllffi~.!!JL. ~-, , -, '!" , ~ "T' ,_ - . ' 01191611421841' SEND FEI/LICINSE/DL-16LC/TDI De.art..nt of Tren..ortation lur.au ef Dri.er Licensin, P.O. ao. "69' Harriabur.. PA 17116-8'" '. :, --.t ' -~ i"- - ,. ~ _ -- ~ - - -, -~ ,_~>r ~ '1' - _ , ---- INF..n. n... All TO ,... PIn IN "AlI 1-."-'11-.... "'-"-STAlI '1'-1'1-6'91 TDD III STAft .-"'-"-16" TDD OUT-IF-STATE '.'-191-61'. . ' The,und~rsigned certifies that the foregoing is a certified record 0, , . oourt mandated-under the rovisions of 18 PA. C.S. II 6310A(a). SEAL,~" ': . , (..-.j:::~~, " .,.n-;..,' rltl. .~" Cr.' ,',,", N .;;J' ""' ""' ...0 1") 0- o ""' ~CL. ..l_.....~ ,"OPe 62(G~95 ,. ,,_._~ .. '-'"-' .---. .,....JI!..;, ':T::.;:~,:;~,~:~:~::::,'~t:" -"".'-",,"'"' .l_.~!_"":'~;""'. ':-_....0..:."-.'_.. - _.,n.,.., P. :'::.::". ,-,{- :,,;,:,,:,:,;:,,',,',..i., :i..;':. Ctl!iIIMONWEALTH OF PENNSYLVANIA ",COUHf'< OF; DJ..U1?RIN SUSPENSION OF :.'.;:,;..:.-. " , .. OPERATING PRIVILEGE - DL-21C. COMMONWEALTH OF PENNSYLVANIA ,.,,{'.; -..-,;,::,.",',:,,', '-'-,:,':'::1... 12-1-01 ',,'.' , , RAYM~ F. SHUGARS j:""'.~'.,,;~'AA,l:!:: CANBY ST. . "'~!SBURG, PA ',r..phone.(7.17::) 545 -4143 VS, DEFENDANT: NAME and ADDRESS 'WRIGHT, CHRISTOPHER A 1714 CORNELL RD CAMP HILL, PA 17011 L.:J Docket No.: m-0000136-00] ..i&t, '. ",' Date Filed: 2/04/00 ~ ,,' ....,,:.i..~,' .-'; , -":":.. :." '''. 17103':.. 0000 .-:1 ", ._'.C,__ .". ,PA OgPAR'l'MENT OF TRANSPORTATION B~l:J'Ol' DRIVER LICENSING .:P.O. . BOX 60037 HARRISBu,R~. PA 17106-0037 ;, ',' . ':';\;")' A~- I .~- '. .....Jil,EE!OR:t:aF~ COUm:.oRg6RlNG+.. THE SUSPENSION OF OPERATING PRIVILEGE AS THE RESULT OF A VIOLATION OF CHAPTER 63 of TITLE 18 COMPLETE APPUCABl.E INFORMATION, G.QIl~T,_ 1~ -.1 - 01 COUNTY DAUPHIN_ NUMBERNT- 0000136 - 00 SESSION___ YEAR 2001 -.'_....."--~ . FIRST, MIDDLE LAS'f OPERATOR NO, 25680271 CHRISTOPHER } ~ ;~: "# A WRIGHT STATe PENNSYLVANIA 17 CrTY LL REG1STRATION NO. COUNTY STATE ZIP c' CAMP HILL PA 17011 viOIATrON1NFORMATfOrC----,.---.. YEAR _~ STATE ___.............__...._._ DATE OF VIOLATIOiir- ----riA TE .OF DlSPOSITiON----.-.-- OAT E OF BIRTH M3NTH 03 19 YEAR MONrH-~"-~~ OAV fAR 81 (lAY YEAR MONTH '01 29 00 02 VIOLATION COMMITTED: (Please use a separate form for each charge) , (Check o~,~~ \. ":t~\ 0' ,,' , 18 PA.C.s. ~ 6307 ':'A ~ (Check.one): \ v,' ilXl \ "'CONVICTION I ,,' .,.'--'" \ i , \ , j'; . - ~ ~':tf":'_~ IZ o 18 PA.C.S.ll6308 18 PA,C.S. S 6310,3 PREADJUCATION DISPOSITION o o (Includmg Coosent Deer;;Iit") ADJUDICATiON OF DELINQUENCY ORDER OF COURT: AND NOW, Having made the above recorded disposition, in accordance with the mandatory provisions of18 PA. C.S. 9 631 OA(a), this court orders that the operating . "p.riviIBge of this person be suspended. A copy of this order Is to be forwarded to the Department of Transportation in order that the sus io c' be imposed in , apOOr;clance with the provisions of 18 pA_ C.S. S 6 ,'... " BY THE COURT / SI '.'.. ~a- -- 03-22-01 (Oate 6ert'f~d~ SEX\iO THfS FORM TO. BUREAU DRIVER UCENSING. P.O. BOX 80037, HARRIS8URG, PA 17106-00~~7 . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Lieensing Harrisburg. PA 17125 FEBRUARY 23. 2001 CA"P HILL PA ],10110 OlO~~llZ~'~O'J 001 Oi!I1~/i!OOl i!5~IDi!n 01/1'/J."I11 CHRISTOPHER A WRIGHT 171~ CORNELL ROAI Dear MR. WRIGHT: As a result of your violation on 11/11/20" of viol.ting Seetion 6308 Coffenses r.lated to alcottoU. vou.. d..iving privileg. is b.ing SUSPENDED for a period .f 90 DAYCS) as mandated by s.ction 15320 of the vehicle code. In order to comply with this sanction you ar. r.quired to r.turn any current driv.r's license. l....n....s ..~tt and/or te.porary driv.r's lic.nse (camera ca..d) In vour .......lon no later than ttt. effective date listed. If veu cannot eomply with the r.quir...nts stat.d above. vou .... r..uire. to submit a DL16LC Form or . sworn .ffid.vit stating that yOU are aware of the sanction .,ainst vour drlving ...1vl- 1.... Failure to comDlv with this notice shall ....ult in this Bureau referring this .atter to the Penn.vlvania Stete Police for prosecution under SECTION 1571(.)(4) of the Ve- hicle Code. Although the law .andates that your driving privil..e Is under suspension even if YOU do not surrender your license. C....d1.t will not b.gin unUI all current driver.. license product(s), the DL16LC Form. or 8 letter acknowled,1n, wour sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT IMMEDIATELV. OTHERWISE. VOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of susp.nslon is OS'10,2011, 12:11 .... P1.ase se. the enclosed application far restoration fe. in- formation. t'? , !''-'HMI~_ _ . _ ~'l~~ ~ _,~ '0 ~ , ~-~~ r. 010476112686095 Vou have the right to appeal the Depart.ent-. action to the Court of Co..on Pleas (Civil Division) within 51 d... of the m.l1 date (FEBRUARV 25, 2101) of this notice. PLIASI NOTE that this Civil Appeal 15 1n addiUon to any aPlleal )#OU heve to file from the criminal conviction. TMI APPeAL MUST .. I&NT IY _TIPIID MAIL '1'0: P8NNSYLVAIUA HPARTMINT 8P TRANSPORTATION .'PICa OF .., _t.. THIRD PLOOR. RIVIIPUIIT' ""'. CINT&R HARRII_8. PA. 1.'1184 Sincerely, ~~.~ lItetJecea L. Bieekle., ea..eetor loreau of ~iver licenslng SEND FEE/lICENSE/Dl-16LC/TO. Department of Transportation Bureau of Driver licensing P.O. Box 68695 "arrisburg, PA 17186-S6t3 , INJlHefATlotI('''O' AM TO 9... Pin IN SrATI 1-118-'52-4608 OUT";_, -STAtE 717-591-6191 TOO I. STAte 1-8'0-228-1676 TOO aur-of-ITA?! 717-591-6191 f~.. ~i~ . , ~ -, "'lt~ "-~,' " COMMONWEALTH OF PENNSVL VANIA S.oUNTY OF: CUDlIlPt.MD Mdll OIIJl NI) 01047 6tt2 ..6093 SUSPENSION OF OPERAnNG PRIVLEGE. DL-21C COMMONWEALTH OF PENNSYLVANIA 09-3-01 DJNan'll liOn HAllOLD B. BUDD ""'..u 81 WALNUT BOT'l'OII ROAD '.0. BOX 361 SHIPPBNSlIORG, PA ,.._... (717) 532-7676 17257-0361 V$, DEfENDANT: NAME and ADDRESS 1iouGB'1', ClUUS'1'Ql'BBR 1714 MJUI18T.L RD CAIIP BILL, PA 17011 L OocketNo.: m-0000945-00 Date Filed: 11/13/00 ..J ,.. -, PA DBPAllTJllllr.r OP 'l'lWISl'01l'l'A'1'ION Jro1UWJ OP DUVB1l LtClBRSDlG P.O. BOX 60037 HARRISBURG, PA 17106-0037 REPORT OF A COURT ORDERING THE SUSPENSION OF OPERATING PRIVilEGE AS THE RESULT OF A VIOLAnON OF CHAPTER 63 of TITLE 18 COMPlf. TE APPlICABl.E iNfORMAtiON COURT 09-~-01 COUNTY l'!IIIIRRDI'.a.un MUM8ERm-00ftG9&~_GO SESSIOIII YEAR 2001 FIRST MIDDLE OPERATOR NO 25680,271 LAS CHIlIS'1'QPHBR GB'Jl' STATE PBNII8YL'V.MIIA. 1714 C!ORNRT.r. RD C'TV REGISHMTJONNQ COUNTY STATE liP CAMP HZLL PA 17011 YEAA STATf DATE OF VIOLATION DATE OF DISPOSITION DATE OF BIRTH MONTH 1 VIOLATION C for each charge) {ChecIl"nel: o 18 PA.C.S, ~ 6307 03 (ChIIOk0n8): III CONVICTION o PREADJUCATION DISPOSITION /JncludlngCoMenlDecr8$$\ Illl 18 PA.C.S. ~ 6308 o 18 PA.C.S. ~ 6310.3 OROER OF COURT: AND NOW, Having made the above recorded disposition, in accordance whh the mandatory provisions of 18 PA. C.S. ~ 6310.4(a), this court orders that the operating privilege ollhis person be suspended, A copy of this order is to be forwarded to the Department of Transportation in order that the suspension can be imposed in accordance with the provisions of 18 PA. C,S, ~ 6310.4(b). BY ~7E COURT .J/L~. . o ADJUDICATION OF DELINQUENCY The undersigned certifies that the foregoing Is a certified record of the order of court mandated under1he provisions of 18 PA. C,S. ~ 6310.4(a). SEAl. /~"' - - 1C/e1k of Courts. Juvemle Cour1 Judge. OI&Iriet Ju9'[lte) A.3,Pf tDateCertifted) ~L\ AOPC 621C-95 SEND THIS FORM TO: BUREAU OF ORIVER LICENSING, P.O. BOX 60037, HAAAISBURG, PA 11106-0037 ".,,~. .' " ~= '"~ ,. """,,, PAGE 1 . PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY MAY 18 2001 DRIVER: CHRISTOPHER A WRIGHT 1714 CORNELL ROAD CAMP HILL, PA 17011 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 25680271 : MAR 19 1981 : MALE : REG LICENSE DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) --------------------------------- LICENSE CLASS C LICENSE ISSUE DATE: FEB 08 2001 LICENSE EXPIRES . MAR 20 2005 . ORIG ISSUE DATE . SEP 27 1997 . MED RESTRICTIONS . NONE . LEARNER PERMITS . . LICENSE STATUS . SUSPENOED . CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE: G;OL;D~N:&:R!PERMITS: CDLLICENi';E STATUS SUSPENDED SBE:NDoRSEMENT . . PROBATIONARY LICENSE (PL) --------------------------------- PL LICENSE CLASS : PL LICENSE QRIG ISS: PL LICENSE ISSUED : PL LIC;;~~li;>!1l!XPIRES : PL LI'C:&:l'lSEiiS'lATUS : OC():t/l?Al1[eNtiJ);r,~~~TED LICENSE (OLL) -~,4+,~:~;....~,~-:~ii+,;;:;;~,~,ff>e-:~----------------- OLL OLL OLLL OLL L! . . *** CONTINUED *** :'~~:_,c,__ feS ""<'" l'"~'~ =,_, _, ,; , ,~.,'_ _,_" ,,,","',~ o_~ n< _ _' ~__, "._ ~ "~ ,>~- - . PAGE 2 CERTIFIED DRIVING HISTORY - MAt 18 2001 - LICENSE NUMBER 25680271 CONTINUED ------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS ------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: NOV 11 2000 CRIMES CODE: 6308 UNDERAGE ALCOHOL OFFENSE FEB 02 2001 SUSPENSION FOR 90 DAY(S) EFFECTIVE MAR 08 2001 OFFICIAL NOTICE MAILED FEB 23 2001 ' JAN 29 2000 CRlMESC~DE:", 630,8 UND~)):.COHOLOFFEt'JSE FEB 29 ~oop SUSPEW:~lJj~'F(:)R 1 Y~(S) E,FFECTIVE JUN 06 2001 OFFICrAL N()TICE MAILEDAPR 10 2001 LICENSE RECEIVED MAR 08 2001 ---------------------------~~--~---------~--------------~~~-------------------- REPORT OFMEDICALS ANDI)EPART~NT. ACTrONS ------------------------------------~-~--~-----~-~--~--~~--~------------------- NO MEDlCALS OR DEPARTMENTAL ACTIONS DURING Tli1S REPORTING PERIOD ))~ *** CONTINUED *** -"-"-..t!_'~"".'_~,~0,?~_C;~_~___" ~_'.'_'_'" o"'"-"".---1)j~'__.!'I- "_,_ _"_.~, --"^,, , J." _ f" . PAGE 3 CERTIFIED DRIVING HISTORY - MAY 18 2001 - LICENSE NUMBER 25680271 CONTINUED ------------------------------------------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS ----------------~-------------------------------------------------------------- NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** '~ "_-co;- !< ", '&'" .~S,'~_, c. -.' "0'" ," "1' 'IJr- "'-, t_, _ '_ 0"_0.. ,~, ,. . , '. ," _.., .,. , . PAGE 4 CERTIFIED DRIVING HISTORY - MAY 18 2001 - LICENSE NUMBER 25680271 CONTINUED . IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~~,~ SEAL DI:RECTOR, B~~AU OF D:RIVER LICENSING FO:R SECRETARy OF TRANSPORTATION COMMONWEALTH ,OFPSNNSYLVANIASS: DATE:MAY 18 2('01 I HEREBY CEl%'i!.'):EY THAT,~I!;$ECCA,l;..,BICKLEY, DIRECTOR OF THE BUREAU OF DRlv>>1J:'1t LICEN~IliG, OFT$EPENNSYLVANIA DEPARTMENT OF TRANSPORTATION ISTllELEG~O:~STODIAN OF THE DRIVER LICENSING RECORDSO~TllE DEP.~NT OF T~f!l~O~TATION. AS THE DIRECTOR OF",T""HE, ',,' ',UO.,'",.,'t:lESA"""IElBWl." EAU, S"",B, E, ';;BA,S,',.',;"~E"""G,',',',,AL,"',' CUSTODY OF THE ORIGINALO~MICROFILM:REIi0RDS w:aiCHARETHE SUBJECT OF THE ABOVE CERTIFICATION. ' IN TESTIMONY~~It~F, I BAVEijEREUNTO)~E'i!.'MYlWilOAND SEAL OF THIS DEPARrimN'l' THE' D,AYAND YEAR AFORESAID. SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL i>"~,,, -,- -,>y~",:'..~-,-,,,,',-~~,O/,,,,7_-~'_, _ "~_, ,~ , " - - ~. ,- '_"," _' ~-_", -,-~,' . 1',""'- , ,