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Home My WebLink About01-04080 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 Serena M. Farling (n TESTIMONY WHEREOF, 1 have hereunto this 10th Plaintiff, and Comm. of PA. , Dept of Trans., Bureau of Dr. Licensing Defendant , as the same remains of record before the said Court at No. 01-4080 of Civil Term, A.D. 19_. set my hand and affixed the seal of said Court day of ~^J~Y~rA- D., 19-2002 Prothonotary I, George E. Hoffer President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that tr i c R. .ong 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, at the time of so doing, and now is Prothonotary in and for said County of ('nmhPrl and 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 th ;4 c Pr ,ident .lodge Commonwealth of Pennsylvania County of Cumberland ss: 1 Curtis R. Long ,Prothonotary of the Cou of Common Pleas in and for the said County, do certify that the Honorable George E. Hofer, 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, 1 have hereunto set my hand and affixed the seal of said Court [his 10Th day of Jul A. D. 19 2002 / Prothonotary i~ ~ AI ,. ~ ~ _. t Among the Records and Proceedings enrolled in the court of Common Pleas in and for the CUMBERLAND county of in the Commonwealth of Pennsylvania 1201 CD 2002 to No. 01-4080 CIVIL Term, 19 is contained the following: COPY OF COMPLE'T'E DOCKET ENTRY SERENA M. FARLING v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING SEE ATTACHED CERTIFIED DOCKET ENTRIES. _,m _ I S _ PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-04080 FABLING SERENA M (vs) PENNSYLVANIA COMMUNWEALTH 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 6/29/2001 1:48 0/00/0000 0/00/0000 1201 CD 2002 General Index Attorney Info FABLING SERENA M APPELLANT ORR PAUL BRADFORD 12-C SOUTH 19TH STREET CAMP HILL PA 17011 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 2516 **:r**************~***********************************t************************** * Date Entries ***~**************:r***************~****************~***~************************ - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 6/29/2001 PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS ------------------------------------------------------------------- 7/10/2001 ORDER OF COURT - DATED 7/10/01 - IN RE PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS - A HEARING SHALL BE HELD ON 9/24/01 AT 2:30 PM IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 7/11/01 ------------------------------------------------------------------- 9/04/2001 PRAECIPE TO ENTER APPEARANCE FOR APPELLANT BY PAUL BRADFORD ORR ESQ FOR PLFF ------------------------------------------------------------------- 9/04/2001 MOTION FOR CONTINUANCE - BY PAUL BRADFORD ORR ESQ FOR APPELLANT ------------------------------------------------------------------- 9/10/2001 ARNEW HEARIONGTDATE/IS/NOW SCHEDULEDTFOR 120/17/OlIATA1C30 PMRINTCR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE - BY EDGAR B BAYLEY J COPIES MAILED 9/11/01 12/14/2001 ORDER OF COURT - DATED 12/14/O1 - BASED UPON THE ABOVE CAPTIONED APPEAL A HEARING IS NOW SCHEDULED FOR 4/15/02 AT 1:30 PM IN CR 2 - CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 12/17/01 ---------------------------------- ----------------- 4/16/2002 ORDER OF COURT - DATED 4/15/02 - FOLLOWING A HEAERING IT IS ORDERED THAT THE ORDER OF THE PENNSYLVANIA DEPARTMEN TO TRANSPORTATION BUREAU OF DRIVING LICENSIG SUSPENDING APPELLANT'S DRIVING PRIVILEGES FOR ONE YEAR IS AFFIRMED EXCEPT THAT THE FOLLOWING PROVISION IS VACATED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 4/16/02 ---------------- --------------------------------------------- 5/16/2002 4/16/02OF BYPTERRANCEHM EDWARDSEATTY FORRAPPELPLANT ORDER FILED ------------------------------------------------------------------- 5/20/2002 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 1201 CD 2002 ------------------------------- -------------------- 5/23/2002 ORDER OF COURT APPELLANT FILED AN APPEAL FROM A NOTICE OF SUSPENSION OF /H/ER OPERATING PRIVILEGE FOR ONE YEAR HAVING BEEN PARTIOFEDHENORbER/OF DF,PT OFRTARANSPORTATION PROVIDEDVIGNITION T INTERLOCK. ORDER OF 4/15/02 THAT VACATED IGNITION INTERLOCK PROVISION IN THE DEPARTMENT'S NOTICE OF SUSPENSION OF OPERATING PRIVILEGE FOR ONE YEAR WAS CORRECTLY ENTERED EDGAR B BAYLEY JUDGE COPIES MAILED 5/23/02 ---------------------------------- -------------------- 7/03/2002 TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ****:r**:r************,~******+:r***************,e~****x**,r:r*********~**:r************ .z. . PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 2001-04080 FARLING SERENA M (vs) PENNSYLVANIA COMMONWEALTH Reference No..: Filed........: 6/29/2001 Case Type.....: APPEAL - LICENSE SUSP Judgment.. .00 Time..;......: Execution Date 1:48 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. C t 1 i 0/00/0000 1201 CD 2 ------------ Case Comments -- ---------- - r .: gher H 002 Higher Crt 2.: * Escrow Information * Fees & Debits Be~ Bal P*ymts/Ad~ ****** *** End Bal **************************** ****************************** ** ******* * APPEAL LIC SUSP 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPEAL 30.00 30.00 - .00 -------- ----- ---------- 75.50 -- -------- 75.50 -- .00 ****************************************:r*************************************** * End of Case Information ******************************************************************************** ,,_~ ~u.~ Commonwealth Court of Pennsylvania May 17, 2002 RE: Farling v. Bur Driver Licensing No.: 1201 CD 2002 Agency Docket Number: 01-4080 Civil Term Filed Date: May 16, 2002 Notice of Docketing Appeal (~-~s- o~ A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Harold Cramer, Esq. Terrance M. Edwards, Esq Paul Bradford Orr, Esq. Party Name Bureau of Driver Licensing Bureau of Driver Licensing Serena Farling Party Type Appellant Appellant Appellee ~~ .:,m.. t --o-...r"ri~$ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION N0.25231 RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (7171787-2830 f~0 f ~~ °~~~ ~ SERENA FABLING, Appellee vs. COMI~IONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA n ~ cn -~ -o;v a ` ~ -_n ~ z ~ n _` ' 'J' ~~ C ~l7 r ~ ~ im ~ NO. O1-4080Civi1 Term ~ =:? y ~p Notice of Appeal Notice is hereby giventhat 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 April 16, 2002. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. ~~~ TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center -Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717)787-2830 In Testimony whereof, Ihere-unto sef my hand and the seal of said Court at Carlisle, Pa. This .....~~....... day of...... ...... , ~. ..~~~.~G P.rgthonotary. ~,a „~ IN THE COMMONWEALTH COURT OF PENNSYLVANIA Serena M. Farling v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant ORDER NOW, September 18, 2002, Trial Ct. No. 01-4080 No. 1201 C.D. 2002 upon consideration of the appellant's application to transfer appeal to Supreme Court, the application is granted. The Chief Clerk shall certify a photocopy of the docket entries of the above matter and the record to the Prothonotary of the Supreme Court of Pennsylvania. In addition to mailing copies of this Order to counsel of record, the Chief Clerk is directed to mail a copy of same to Judge Edgar B. Bayley of the Court of Common Pleas of Cumberland County. BY THE COURT: S.J. Certified from the Record SEP 1 9 2002 and Order txit ~, ~a ~ i ,-:_ W +=_ h. C" L' i--= ~ rt] ~tt3S '- G'. ~' ~ v e~3aie19L _ __.,- WZS~f ._'G5H' ,_143c.. .1 P~~'~ +'a*sr,°"~~Grc+`~` t~ R~!'~ _ 3'$~.{'+ ~ ~ Supreme Court of I~ennsylvania Irene M. Bizzoso, Esq, Middle District P.O. Box G24 Deputy Prothonotary Harrisburg, PA 17108 Norma K. Blynn, ES9. June 1 , 2007 717-787-6181 Chief Clerk www.aopc.org Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Farling v. Bureau of Driver Licensing, Aplt No.149 MAP 2002 Trial CourtlAgency Dkt. Number: 01-4080 Civil Term Trial CourtJAgency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 1201 CD 2002 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record and certified order dated 5/8/2007 for the above matter. Contents of Original Record: Original Record Item Filed Date Description Part(s) October 15, 2002 1 Date of Remand of Record: 6/1/2007 ORIGINAL RECIPIENT ONLY -Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Signature Printed Name Date /esh r_a ~, ~ -st ~-t ', I i ~ry. ~V' p~+' .~}._.. ., _ ~ V f~ ,~ ,~ ~~ ~P ~ ~ <` _ `i ~ ~ / ' < ~ ~ ~. ~ ~ IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SERENA M. FARLING, v. Appellee COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant PER CURIAM No. 149 MAP 2002 Appeal from the Order of the Court of Common Pleas of Cumberland County Civil Div, entered April 15, 2002 at No. 01-4080. ORDER DECIDED: MAY 8, 2007 AND NOW, this 8th day of May, 2007, the Order of the Court of Common Pleas of Cumberland County is REVERSED based upon this Court's decisions in Commonwealth v. Mockaitis, 834 A.2d 488, (Pa. 2003) and McCrory v. PennDOT, 915 A.2d 1155 (Pa. 2007). JUDGMENT ENTERED: May 8, 2007 r~ . ~~ ne M. Bizzoso, Depu y Protho n ~ ~ ~ ~x C -, ~~ .. ~' :~ ~ .. '~' ~ ~ ,, ~~ ,, C ;~ i -' N ~ ~ rn .. <.1 f ,-x-~i ~ ~,