Loading...
HomeMy WebLinkAbout01-05315-+N y ; CommonwealthCourt of Pennsylvania Chazles R. Hostetler Deputy Prothonotazy/Chief Clerk ~ May 14, 2002 Notice of Discontinuance of Action RE: Myers v. DOT Appeal of: Type df Action: Notice of Appeal No. 106 CD 2002 Cumberland County Court of Common Pleas Agency Docket Number: 01-5315 File Copy Room 624, Sixth Floor Hamsbut¢. PA 17120 717-255-1650 The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Party Name Party Type Harold Cramer, Esq. Matthew Raymond Gover, Esq. George H. Kabusk, Esq. Bureau of Driyer Licensing Randy Lee Myers Bureau of Driver Licensing Appellant Appellee Appellant CerUfled from the Record MAY 14 2002 elrui0rder Exit s k-...mot e~^3k::a'.~at t ,x _u _. <, 9~_a :. ,.:~ :k.l,,.; .,e .xrv.~a t4wt4d5~3 n' '.'°..r~:e~'s~ae~u~Y'iori6!y~'+iu~a. .tea.. " v G is ~ ; -Yi „"'~1"1~~1 i'J i~ 1^ . 1 y.s y~~ •¢ ^~ (N File Copy .-A Y. e Commonwealth Court of Pennsylvania Charles R. Hoslutler Room 624, Sixth Floor DepuryProthonotazy/CLief Clerk Hamsbure, PA 17120 May 14, 2002 717-2551650 TO: RE: Myers v. DOT No.106 CD 2002 Trial Court/Agency Dkt. Number: 01-5315 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description trial Court record March 4, 2002 1 Date of Remand of Record: May 14, 2002 Enclosed is an additional copy of the certificate. Please acknowledge receipt by signing, dating, and returning the enclosed co to Prothonotary Office or the Chief Clerk's office. ~ ~ ~~ Commonwealth Court Filing Office Printed Name /mtc v -r _ -i `~ O ~l t c' s}`^ -=ri `?-~ -, iTl .. -; ~:- c ,, ~~:. TIMOTNYP. VNLE Assistant Counsel In-Charge Appellate Section COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER - THIItD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 VOICE: (717) 787-2830 TELEFAX: (717) 705-1122 March 11, 2002 Mr. C.R. Hostutler, Chief Clerk Commonwealth Court of Pennsylvania Sixth Floor, South Office Building Harrisburg, Pennsylvania 17108 Re: Randy Myers v. Department of Transportation, Bureau of Driver Licensing Commonwealth Court Docket Number 0106 C.D. 2002 Dear Mr. Hostutler: r~;> Please fmd enclosed the original record in the above-entitled appeal that the Department of Transportation, Vehicle & Traffic Law Division is returning to the Court. Please tone-stamp a copy of this transmittal letter to indicate the Court's receipt of this original record. Thank you for your courtesy and consideration in this matter. Ve truly yours, ~~ ~pe~ ~! pp/Yy TIMOTHP• W~E Assistant Counsel In-Charge Appellate Section Vehicle & Traffic Law Division TPW/dmb Encl: Original Record PennDOT People ... We Are Making A Difference! c~ CERTIFICATE 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 PENNSYLVNIA 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 R.A.P. 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: RANDY LEE MYERS V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSSPORTATION NO.Ol--5315 CIVIL TERM NO. 106 CD 2002 The documents comprising the record have been numbered from No. 1 to 39 ,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 2/26/02 . is R. bong r honotary Jane H. Spading, Dpty. An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledein~ receipt of this record. Date Signature & Title f.< i;t`- CERTIFICATE 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 PENNSYLVNIA 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 R.A.P. 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: RANDY LEE MYERS V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSSPORTATION NO. O1--5315 CIVIL TERM NO. 106 CD 2002 The documents comprising the record have been numbered from No. 1 to 39 ,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 2/26/02 . ~.a- l~ is R. Long, I3 0 onotary Jane H. Sparling, Dpty. An additional copy of this certificate is enclosed. Please sign and date copy, thereby aclcnowled¢ine receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: I, (`nrFic R_ T.nn~ ,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 Randy Lee Myers Plaintiff, and Commowealth of Pennsylvania Dept. of Transportation Defendant , as the same remains of record before the said Court at No. 01-5315 of Civil Term, A. D. 19-. In TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 26th day of February A. p„$~02 , --~ rorhonorary I George E. Hoffer "president Judge of the in h Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long 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 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 el~, where, n that the said record, certificate and attestation are in due form of law and made by the r £ r C Prex ent .lodge Commonwealth of Pennsylvania County of Cumberland ss: I Curtis R. Long ,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 aught 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 26Ith ~da'y of Feb~ruaryA,p, Iry-r002 , PV rothonoWry Among the Records and Proceedings enrolled in the court of Common Pleas in and for the CUMBERLAND county of 106 CD 2002 to No. 01-5315 CIVIL Term, 19 COPY OF COMPLETE RANDY LEE MYERS v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION m the Commonwealth of Pennsylvania is contained the following: DOCKET ENTRY SEE ATTACHED CERTIFIED DOCKET ENTRIES P~S510 Cumberland County Prothonotary's Office Page 1 - ~ Civi1 Case Inquiry 2001-05315 MYERS RAND' LEE (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Filed........: 9/11/2001 Case Type.....: APPEAL - LICENSE SUSP Time.........: 2:15 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: 106 CD 2002 Higher Crt 2.: ******************************************************************************** General Index Attorney Info MYERS RANDY LEE 25 BEL AIR DRIVE DILLSBURG PA 17019 APPELLANT GOVER MATTHEW R PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 ******************************************************************************** * Date Entries ******************+************************************************************:r PAGE ND. FIRST ENTRY - - - - - - - - - - - - - 2 - 14 9/11/2001 APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- 1 9/17/2001 ORDER - DATED 9/15/01 - IN RE LICENSE SUSPENSION APPEAL -HEARING DE NOVO IS GRANTED TO DETERMIN WHETHE THE ACTION OF DEFT OF TRANSPORTIATION AND IMPOSING REGARDING INTERLOCK SANCTIONS SHOULD BE SET ASIDE BY THE COURT MOREOVER IT IS HEREBY ORDERED AND DECREED THAT A HEARING ON 12/17/01 AT 9:30 AM IN CR 1 OF THE CUMBERLAND COUNTY COURTHOUSE SQUARE - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/17/01 15 - 16 12/19/2001 ORDER OF COURT - DATED 12/19/01 - IN RE RECORD AND PROCEEDINGS IN CONNECTIONS WITH THE APPEAL OF THIS SUSPENSION THE APPEAL IS HEREBY SUSTAINED - BEFORE THE COURT IS AN APPEAL FROM AN INTERLOCK ORDER FROM THE PA DEPT OF TRANSPORTATION - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 12/19/01 --------- ---------------------------- ----------- 17 - 20 1/09/2002 F~LEDEONFI2/19/O1T~ BYMIGEORGELTKABUSKRESQ FROM THE ORDER THAT WAS -- ------ --------------------------------------- 21 - 22 1/22/2002 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 106 CD 2002 --------------------------------- ----------- 23 - 26 1/31/2002 STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY TIMOTHY P WILE ------- -------------- ------------ ----------- 27 - 29 1/31/2002 IN RE: R A P 1925 OPINION BEFORE HOFFER P J ------------------------------------------------------------------- 30 - 38 2/22/2002 ORDER OF COURT - DATED 12/17/01 - IN RE PROCEEDINGS HELD BEFORE GEORGE E HOFFER ON 12/17/01 IN CR 3 -THE COURT WILL TAKE THE CASE UNDER ADVISEMENT - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 2/22/02 - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 39 EXHIBITS ******************************************************************************** * Escrow Information * Fees & Debits Be~ Bal Py*mts/Add End Bal *********************~*********** ******** ****** ******************x************ 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 ******************************************************************************** * End of Case Information ~Fil1E *tdQF~' FRQiMI A~************************************************************ to Tesf9mony wf-ei-eet, f here unto set A an4 Zhe leaf of sa:a rt aft Caefiste Pa rnf ~ ~ ~~~'_' "o ~. ~~ ~, ~~~ _, RANDY LEE MYERS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. ORDER AND NOW, this ~~day of , 2001, upon presentation of the attached Petition and upon the Motion of Matthew R. Gover, Esquire, Attorney for the Petitioner, a hearing de novo is granted to determine whether the action of the Department of Transportation and imposing regarding Interlock sanctions should be set aside by this Court. Moreover, IT IS HEREBY ORDERED AND DECREED that the Department of Transportation take no further action regarding Interlock sanctions until a final determination of the Petition can be made by this court. A hearing on this matter will be scheduled for _~0~ ,~i /7 , 2001, ~ x'34 ir/ ' at Courtroom ~, Cumberland County Courthouse. IT IS FURTHER NOTED that ~ , the attorney for the Petitioner shall notify the Department of Transportation of the hearing date forthwith and should provide the Department with a copy of this Petition and Order. "~~ 4B q~~ B`:' TFiE COURT: g ~'IN~Ji1~J,S(v;~I~d ~ dt3 i. ! ~~S f t, I~;r,,: .~ _in~ .i ;7 ~ . V C RANDY LEE MYERS, Plaintiff, ~. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No.: UI - 53lS ~~ ~~~~~ LICENSE SUSPENSION APPEAL AND NOW, comes Randy L. Myers, by his attorneys, Nealon & Gover, and presents the following Petition to this Honorable Court. 1. Your Petitioner is an adult individual who resides at 25 Bel Air Drive, Dillsburg, York County, Pennsylvania 17019. 2. The basis for this Petition is due to a Driving Under the Influence conviction, which occurred in Cumberland County and the Plaintiff was sentenced on July 24, 2001 before the Honorable J. Wesley Oler of the Cumberland County Court of Common Pleas (copy of the Sentencing Order is attached as Exhibit "A" and incorporated herein by reference thereto). 3. Following the Plaintiff's conviction, the Plaintiff received by official notice the following language: Ignition Interlock Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an additional year. You will receive more information regarding this requirement approximately 30 days before your eligibility date. 4. This imposition was never part of the original sentencing order by Judge Oler. eC• 5. The full letter forwarded to your Petitioner. is attached as Exhibit "B" and incorporated herein by reference thereto. 6. The Plaintiff objects to the imposition of the Ignition Interlock System as the statute is arbitrary, unreasonable, and unconstitutional. See, Commonwealth v. David Matthew Mockaitis, 50 Cumb. 184 (2001). Additionally, other courts in this Commonwealth have further found the statute unconstitutional. (Attached as Exhibit "C" and incorporated herein by reference thereto is a recent article from the Pennsylvania Law Weekly regarding this issue.) 7. Based upon the foregoing circumstances, Petitioner requests this Honorable Court prohibit the Department of Transportation from imposing any Ignition Interlock sanction as it is not consistent with the sentence earlier imposed and further violative of Plaintiff's constitutional rights under the United States and Pennsylvania Constitutions. WHEREFORE, Petitioner prays this Honorable Court pursuant to 75 Pa.C.S. §1550, to schedule a hearing upon his appeal from the notice set forth as Exhibit "B" to this Petition and, upon hearing, to vacate the imposition of the Department of Transportation Order as set forth in said notice. Date: ~ S 0 ~ Respectfully submitted, NEALON & GOVER, P.C. By: . Matth w R. Gover, Esquire I.D. #: 47593 2411 North Front Street Harrisburg, PA 17110 717f232-9900 2 3. _. _ .. :... ..e..ma. ... ... i.u. ...: d. _ ._ _.. I I _. ' COMMONWEALTH v. RANDY LEE MYERS OTN: L080634-1 IN RE: GUILTY PLEA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0519 CRIMINAL TERM CHARGE: (1)RECK ENDANG ANOTHER PERSON (2)DRIVING VEHICLE AT SAFE SPEED (SUM) (3)DUI (4)DUTY TO GIVE INFORMATION AND RENDER AID (SUM) (5)FOLLOWING TOO CLOSELY (SUM) AFFIANT: SGT. THOMAS KAUFFMAN ORDER OF COURT .AND NOW, ahis 19th day of June, 2001, the Defendant; Randy Lee Myers, now appearing in court with his privately retained counsel, Matthew Gover, Esquire, and having tendered pleas of guilty as charged at Count 1 to Recklessly Endangering Another Person, a misdemeanor of the second degree, at Count 2 to Driving a Vehicle at a Safe Speed, a summary offense carrying a penalty in the form of a fine of $25.00, at Count 3 to Driving under the Influence, a misdemeanor of the first degree, a third offense overall, and a first offense for mandatory sentencing purposes, at Count 4 to Duty To Give Information and Render Aid, a summary offense carrying a penalty in the form of a fine of $25.00, and at Count 5 to Following Too Closely, a summary offense carrying a penalty in the form J ,. ~..,_.... esq. ~ - 4aisS. . ~ ' of a fine of $25.00, the Defendant's pleas of guilty are accepted,~and sent~,~ce is deferred pending receipt by the :, .,.. _ Court of ~, D~TI~seirte~acirig Y~~rt. ~4_#, The probati;y+~ffice is directed to prepare the afos~es~esnaid D~,~'*~ic~~report, and the Defendant. is directed to appear o. e~ ce on Tuesday, July 2 2001, at 9:30 a The District Attorney's office and the Clerk of Courts are directed to effect the filing and docketing of the guilty plea colloquy-form executed by the Defendant. Michelle Sibert, Esquire Assistant District Attorney Matthew Gover, Esquire For the Defendant Probation Sheriff wcy lP By the Court, Auu-cu-ui n:uane rrtvxrnrno~a yogi +TiT-731-4371 ,T-410 p.02/04 F-168 COMMDNWEACTN DF PENMSY~VANIA pEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail pate: AUGUST q9, 2003 RANDY L nYERS WID # U1Z146b7g2975b5 Opb B5 @EL AIR PROCESSING DATE Q8/0@/2gp1 FRIVER LICENSE # 186683p1 DILLSRuRG FA 17019 DATE OF @IRTM Q8/~6/1959 LICENSE iN BUREAU pear MR. MYERS: This 3s an Offieia; Nat~oe of the Suspension of Yaur Driving Privilege as authorized by Section 1532B pf the Pennsylvania Vehicle Cade. As a result of your 0b/19/200I conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE an 01/14/2001: Yaur driving Privilege is $usPENpEp for a period of 1 YEAR(s) effective 03~O7i2oQ2 at 12:01 a.m. ef*e::a3eas3Y***3aaae*exesz*a*se*:a*e*Y****aa*ae**as*a*a*e^ I WARNING: If You are convicted of dri43n9 while pour I I license is suspended/revoked the penalties will be a I 1 MINIMUM pf 9D days imprisonment AND a S1,D00 fine AND I I your driving Privilege will be suspended/revoked for I I a MINIMUM 1 year period I **s*s***s*ssys*est~*^*e*aa%******aa*eaa*ae*ea***e*a***e**#* This suspension is 3n addition to any other suspensions already qn your record. PRISON REk~A§E ~EQ~IRE~N~ (ACT151) The .Court of CUMBERLANp CTY, Court Nwmber DOS19, Court Term 2001 has sentenced You fq serve a prison term far this violation. Pursuant to Section 1541(a.l) of the Vehicle Code, you will not receive credit for tots suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify Your completion t.o PennppT. You may wish to contact Your probation officer and/or the Court after Your release tp maKe sure that PennppT is properly notified. nuu-,a-u~ I~.uanm frtUdf RlOpfp Lp~l 01214b170297515 +i17-i3i-4371 T-d1D P.63J6d F-168 IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by You to be equippeq with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an additional Year. You will receive more information. regaraing this requirement approximaeely 30 days before your eligibility date. -"FRBVilliN6 fJR85F OF ikSLRANCE - Within the last 30 days of your suspensianirevacatiana we will send you a letter asking that you Frdviae proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Important: Please maKe sure toot PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. gPE€Ak You have .the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 09, 2001, of this letter. If' you Tile an app®al in the CQUnty Ctl4rt, the CgYPt will ~iVe YOU a time-eteMpad certified aapY of the appeal. In order for Ya4r appeal to be valid, You must send this time-stamped certified copy of the appeal by certified mail ta: - - Pemrsyrlvani~a department-af Transpvrtat3vre-- ~ --°~----- ---- Office of Chief Counsel Third floor, Riverfront Office Center Harrisburg, PA 17304-2516 Remember, this is an OFFICIAL NOTICR OF SUSPENSION. S~inQc~e~re_l~y,~'{ Rebecca L. Bicklev, Oireetor Bureau of Driver Licensing ....n®. .'. re~~i. d -F, p•'Y~ - ~ ~ e -I i - .- -' ~~ .. Y ~! 4~ o $ E an c`,°.A'~'o,0.a ~ ~ o a~~wo o .~ ~~ o a a p co I!'~' ..~~ n O y' .-. w a'-w vi n n N y a, X y ~ ~ ~• ~. a y- N rE ~''°-..T tv. t` Il. .%'a'; v'''L7 G ~.~ rv C o Va F' ~. -'nS' n w ~.w~ r ~. n n rno b rt. G ~ G w w n?~ 0 0. ~ n o G w O' p'. ~I `w' '_ ~ F. ~ :. ~.y ~ p n ^.+a m' a' T~v. T'G O'rt ~ HOV ~.~ 0.0.y ~' _N. ~ f^0 P.. ° T o n C~ .< ~,; n O' rt ~ n io ~ o n O ~ x' ~ m rv ~ '•-~ *n ' < n fD w m o" O ~ :: n ~1, a.. n o T n ° ~- O Cn"' ~ rv ~ ~ o n .^w... ^ci ~~rt a ^-w .. ~''-, o'E o-.n ^^ ,~=.: ]".b. n.m ~. a'na .a`.' ~. y n n O ~ ~ ~ N W. A ^w tD `~ .7' n ~t-i rn ~ Q. p.,~ a ~ t^D n ro .e< ~ O .. a rt ~ m~ O n a 7 ~ b n< a G~.°a a~ o~~ ~.'o~ y'S.:o~m ?off ~ aa~^, ~y~rt_ti ~ O 0. `„wC ~' ~ ° ^ ~ ^ n. ' n ~, ° y P1 n' ~O' n ...r) ~* ^ 0. n ~ n f^- E ~ n O.~E rt p ^ w G ''' rt ~ `" o ~ n ~' n n. a T o 0 ~• o b 55 n .: 0.. N O a ~ fC- ,'a.a.y'~a:~ ~ n n °' w ~ ~ ° a'~I ~ o'" ~ ~ n, ~'.jQj ,~' F~ ~ rt, ~ T n ~ ry' ~. rc G.~,'P-. n y ..ffyy ro5 G. ra' ~ o y N•'• ~~yy a a, ^ ~ N O ~iQ .ry,, ~ _~ pp Q C L . o..'w'.•R. .~ T p• x ~" ~fD o - .'O 0..O ^ ~ ~ ~. n C '~ ~ ~ W d ~ vi k ~ `C7 p. n ~ ~ H ~ ~, ~J n w c ° , a `Q y a 9 T. A„ C .~ pdp ~ `n fo p 'v. N ~ O- 0. y a n ..' ~ O A. A P. y y ~ p. n b7 T 0. !D 'v^:.w w T. ~ T E ~' a ~ 'T. ^ w :.°. p O a ro T O `w' a b0 y T rt.:n d o .. .^. " Q o' ~kj `~..C O ~. C ^ n ~' trJ ~ F "~ op' w h fD- T E £. ~ [ W E1'p~' ~n ^ rTO n ~" ~' f-1 n,an o :~ v c °" H °°'0.`"_c °< „ Y w^~ T8 `° ~ p O v E w y °' pTp ~ a.'o u^~ w o. x a' ~ C1'<~ ~v° p- o ~ n ^ ° . y ^F ~ a a a: n p.. `O ' ~ ~o n b. P f° m ^' N _ ' E n o y .~ ~/! c y - p~W v+ k ~` 0. tD o .<• G n_ r- '~ _ O, y ~ _ n ^ W ~Md o, w.. G y ° ^ m b v I~y.~~y ~~ a T v+ O ~ 0- °. ~ w a O^ N~ a m d a n a^ 7 C O~ I~t ~• ~c o G. ~ ~- ~ ~- - ~ .~W tra0 n a v, ' w ^ w ti O ~~ °rt' G °J' H - m ~ ~ ~ A.. ~.' n 0.b ~ p- a 0. aP- tTt N On. a G y' ~ O O. v rt - ~ ~_ ~' p ' '°'~ 7 T p ~ ~ ~ . ~ C: oa ~ o r E w ^ n. ro ^ ° ~ oc 'n ~ - ~ ~ d -~ ° =~ _ y ~,' ~ A - Q+ b C ^ n y° a n n o n n E ~" w° Ir-o~ a ~' b] ~ :.y tra `G--~. rP'io n' n bp.' y 0. a tl0 m o- a n n w (4.. 'O ei rt a y ~°. rn _y_ 0. n ro' a ~ _1T ° ° . _a n n ~ ^ . r O n ron ~ o a '~ A~ yTy 4~+. a o t1~J ~ ~a n'C R d. N a y n'-.,P-? N 1 ~ ~ a lD ~~"~ '~ V), i~, `Q ~''/t-° K O~ N' O O r+ Q N l-/ VJ k<..A'- ,.o - m y 9 .°-. o w m n~' E, ,i n G -'~ O y'. R'. ~ o'~°, " °' .`~ G ~ ~ n G ro n ~ ro o O' ~ ~ ° o ~ -F+ d o`~d-o S.. ].O ~ ^ o~.o c'E.~Nd'R ,^p 0^m w~'tri ~. ~."o ~°. 1"^ °'~ ~~ ~ ~'~' », o `°~~` O n ,c°"' ~ A'~ ~ ~ y 2 x 9 `" $ w ~ s n ~T 5a" B ~-.~o °u8 ~ ,~ $. a. °p °c $. ~i.~ i ~ f0 ° °< ro ', m 'p n n +? °'- v ~ ;~ n S ~ o' O. C' ~ a ~ n °~ ro n ~ ~ ~ ^ ° n ~ $ G ba ~' Pn `n' `< ~ °' ° , .~ w rn- o a ~ n o ' n' w rn o ° ' b q c b g. R ^ rn E. o w n o a. 3 V' .n n. f.'~,aa~p.,^ 51 ~~. ~.'~,°Q^F~p P°pnd 'B rn~ poa.n.a ~'^ °, y o d ~ o ~ ° p° ~ ~ °o ~ ~ ~ d- rs' n ~~r m $ tr,<. ,n< °p. o ~ hs+ E b ron P° o ° n ~ 'w ~. ~'. 2 ~ o E E n n aa w C+ P ~' < w° n p w ~ a. (r n n ~ C R roro `wG ~ A ~ aCG n.n as ~~ a'"~n (.r' ~-~ n o cyRQ y."2" `< H ~ ~.: ~. °, °'C ~„o '~o~. w'. °n.~8 RR.~e pw E°^,a„w.~~'d<°oa~ck-a~a~'°^~.-r. aH,. ^.a o~' wo nA- nG. n!° o R'FO''°'nG,<s .:~ w~ron^orny~...pR q ~o_ ? R k: ~~"~' ,.,r~6'oo `d'aCn~ar.wn o-A<E'o.,$'`~w'°a"w~' ~: °O^x'°-€. 'd°_°a~E" p n_Fab g`~o.°'~ "o.~ °-~n~ o~Ra'~c$E. a. ~. < 9~ n~- ~~°K o. .F`o' nn'o ~.~ ryry~ o^i wnw $ddoYt^D~~- q ~ °'~.n d. 0 w -n °w. -° P N W d Q ~ P,% n ~-" ~ o p .°n' ~V ° n. .. w& Na.a o-.~-~ c^ <.~ ° o- -°~rn aa:p.n d R o'-7 ~~ ~&^' ca ~s S. rn n w w.. »,-d rn. 'i .- h .,, n P m d ^„' `aro T' d rn rt^ rn nE. °-8~E r C. £r~6' doa ~' o°. oc o B s~ w~ ~~n C~•~-~, ~cn a.nBd n Q.. dR2 0 ;~ cg$ ~, ~n ~,- a `°g °~ q '~ Ew .a Ca d osi@^$ <"_~ d Htsw '~. ~o'C C~ G'a p-R Ho " n a ~, :+.^ty"py ~:n E."O ~B.B ~~~O~Rn °~1' ~ S~n ~r °~~n~anonw°ry^ pp ~n~n C^~~~~. ~ o ~ F, d ~p P n. P y'E° 6 ro ~ p' P.,a p ~.R.C Fo~ ~ ~ - p, b d ~ w ~ 4 p w ~ ~ ~i' ° C ro •yp''~ ~. p ~ tq w Ai ~~pp o &, o• o a°'~.n..a~n w.T`~~i~~.a ~,°~.R E ~~~o m ~.~_~ ° °o~.x ~~ ~~ ~ '~ ~ p,^~ ~ a ~.<Wd'c~Ho c ~'~~.o ° Fro a sOa~Jr. To., w.a'E'..B ~°`~'v" 8. o $'~ mm °~~ ~ ."~ n~dr~~; "w^ " 9$~.'e ~°.R ~~ rnp.n R~.E~:g ~.~ w'o'~d R o ~- b ~9ro c,.m: -. o•T~ F o°c a° c.~o." rn- 'W'Q n rt3 w i5 ~ n S ~ o n n R < n °' rt W ° P o •<- ~ E Onp~ K 4 °" ° R n~ a^ ~ =' ~ rt~ o A °° p S p,.'o yrna mC ro. ~~ RdR n Sao Tw dn~ ~S` _^'O ~. W'.np•w Qd~~. GO ° ° d'_w ° °' ~. °i a. ~'~i.E w p d E. d E SW~p ~ n n ~ ~ w ~•G. w d OO °»,~ a'a~ ~.'o n ~-d w ^^ w ~;.R. ~ u'~ Q~ ~'~ n p ° °o ~. . R p ~ B d ~~cENaA~~d~'~-8 g''bp ro' f°-'°nF~~.£(~-n~m C^.n ~~r^ ~~tl~o~,~o. ,~°" 'n^9 ~~~, ,$&_'_ - <. ~ °o $ ~ E. ~ .~ C ~O ~ E°.n 6 s. m o ~..`~ - o E' w o -^^'.5 .°. C, p n rn ~ ~ '9 ro °~ ~ o o . n n.~c 5' n n n X' +< ..~. E.' -rn n o 7 A W'rt n m r3 ~ °o opt ~. °~0 w.~n p~'. i"i''S~'. '~~n~n ~~'. `a':~d,~~~R•~ o..7 ~p 1R . ~'~o'FO'~d Wa `~o~~-..mom"; n'y~,y mm~~C. .b oni, ~-6'~a~R o'nR^~n w'~o'6o'8. ~,~w-~~`pE~~6n^cr~. .nos `~'~d.n ~~a~`R 80' c, °. `~`.m a. .~~B. '~~rn°'ox cB'~'o a.., ~`apa'no d ~ ° ~ C W w d' ^ ro ~ R ~" a A ~, ~ E ~.'o ~ n o ° o-' n ~ ~ T ~. G, ~ n o ~. pa w°- `~ "' ~ E o" B ~^~ o." B.~Kf ~ rn.w n °- -w ~1~ "w a'o o c ~~a~~n ronrnn- n^o. ronE.a'G Rte. w~a ng° '°" °"k .ci .p'Art °.P --a. ma:. ~n w'Df~~d'^.~ ~" ~wo ~; 7~F'.mn °'+~'$~'n^,ro.~~ rn. C' E °~. $.w nt. wR8 °- E~jOa'~ ~(1 ~ ~~,?°°°~voE. B.$g.O ,~^, o.. oq d~^s ~a~,. '^ ~ ,"y rt G _ ~p°. n..O"Cr' b°c ~'' h' C n p °" ~ n w 0 ° av ~ 70 `a'• 0.W ~ E C w ~ y ~ d o ~ a. " P+ n T p ° LR C ry Y N G• a~, P µ rri a. C %" ~ C: ~ ~C ~n ~ ~". ,d „,. ~' o p,: Ey ~ ~ E a ~ ~m ° o ~ ° H ° R ~ o, c `g ~'" ~'. w'~ w a:, ,~' _kl~ n n `~ ^J~ w~^ rn°•~ Cn m~°,H~"o~ .off P" °4'O OM1g~y .~`~. c y~.~rypo ~, °p po'" ro~ W~ w `G n M~ d O R 9 t3 V a~' E° w W 10 ro .. w n ~ C C.~p.'8 ° .nTA p- .< n o ? E'ie P Sn~. `s g ~ rn E d "ye ' c R $ . ~~ w ~ <, ~ R ~ o. rn " ~° ~. d n^^~ - ~, o ~ `~ °, -: .o'°, uRE ~R~.n-.co~. s'o. ~. °• aw ^go,E c. o"E ~o,~-'= -°~°'O ppn nbC• ~ o p ~ n 9 0 °~~e C.. rt d' E ~°. :'dL. n. $~.. C.m- ~~, T_ o O. ~n n n aC`.. b' n fR ~•n - ~.° Fn n~m `d. ~° o ~. 'e~e~ .n. A 6^~n fR °' w o. c ~ '' °~ 9 ~ ~ ^, R $,~e.c Ai '.Y,~ " " '~ ro ~'.p~._ ~ '~ a ~ 4 " '.~. c ' `~ "~ 0. ~:,~ o o ° ~ ? ~ ,a. O '~ ~ o r! ^+,6 o':,m °.' °' ~ 9' ~.'gS W~" E p 0 5-' n- s h o o ,°" ~'~ °a a °c ~. g w ~. ~' S~ ~.a o 6' G n u .°~ n~ a rv^ w ~~ 2.. P n o 5 ~: n °y o y w• k- p H n n `:9^ o. wa ~..~o w~2' °c n pc o m ~o R °p ,°~n~ R¢n¢ e. ,~„9 °a <~ `~. o ° ~E O ,~ w p+. ~.~adq~~o ~~n 8 ry ~~ ~ c^^.naro ~ ~ ~'R rod o Bro~ o E',~ d~ 1 0. w.~~ F p rt°? E' ^°n ~ P E o p _.. o '~'~ » o A `^ o :- r E~. ~oo a ;~ ~ro;~.oC..B, ,< ^ w o.rn p°`a'^~~E 3 i~R °a R$ i3 E ~°, '~w.~Ro ~n. p Pn~.FO~^Er~aN.mw n. o.n Wd- no`p~p.~o.~:~- y ~; ~y ~ °R o °~,. ._~ ~. ~, o _n Gp-. ~', a rt.. p ° "n~k °. A n ~. E w ~ `°'SZ' '~'.~R~ ~~':. u;aro~rero°ad s. ~G OO rnW^_ .na oo TE dm~p_?'-. ~, ~ ~+ @ E. ~ . a E.. '~+ ~,e a. `d. _,h So n.« ~e ~d p g n °n ~ E~rt G.m ~ c C~ _F 1.~ '. . CERTIFICATE OF SERVICE AND NOW, this ~~day of ~ ~ {^ _ , 2001, I hereby certify that I have served the foregoing LICENSE SUSPENSION APPEAL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michelle Sibert, Esquire CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 /"'h~PA~t~"~^~ Matthew R. Gover, Esquire ~J •: (a ~ {9. I"' ~ ~ G~ C ~' c~c ~ ~ 1 t a n c~ `_c~ ~.,_, :~ ~r C ,y G ~_ ~> ,,; -, .~, ~~ LSi ;-> _, ~~ -~ ~, _~ ~, ,., ~`' a ;--;_~ c.i ;~~n `~' o RANDY LEE MYERS, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5315 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 19th day of December, 2001, upon review of the record and proceedings in connection with the appeal of this suspension, the appeal is hereby sustained. Before the Court is an appeal from an Interlock Order from the Pennsylvania Department of Transportation which was served by official notice on August 9, 2001. The Court notes that on July 24, 2001, the defendant was sentenced by the Honorable J. Wesley Oler, Jr. Judge Oler did not impose a Guardian Interlock sanction following the completion of the defendant's suspension. Consequently, no appeal was taken from the sentence. The defendant was then served with an official notice form PennDOT indicating Guardian Interlock would be imposed. Further, the Court notes that the Pennsylvania Department of Transportation, in its Exhibit 1, had before it a DL21 form filled out by the Cumberland County Clerk of Court which indicated that the ignition interlock requirement was not necessary. Judge Oler had before him, prior to the imposition of sentence, the result of the decision of i r~ _ _ _ .> r~..~„ Commonwealth v. Mockaitis, 50 Cumberland County Law Journal, 2001. In Mockaitis, Judge Bayley ruled that a Guardian Interlock suspension following a defendant`s license suspension is unconstitutional. That case is presently pending before the Pennsylvania Supreme Court. We further note that other cases are before our appellate courts which may bear a closer resemblance to the facts here. The Department has referred us to the case of Commonwealth v. Brobst, which is docketed at 0081-MD-2001. The resolution of Brobst may be directly relevant to this case; nonetheless, this Court is bound by the rule of comity with Judge Bayley's decision. That was also argued and heard before athree-judge panel of this Court. Therefore, for all the foregoing reasons, the appeal of Randy Lee Myers was sustained. The Pennsylvania Department of Transportation is directed to remove the Guardian Interlock requirement from all further proceedings associated with Myers's license. Matthew R. Gover, Esquire 2411 North Front Street Harrisbur , PA 17110 9 ~ ~ S For the Plaintiff (1 L ~,~q -D I George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center -3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 For PennDOT j~ ,,,, ,_i ~._r~ ~ ,,= a - - ~~~~ ,, ~'i~[~'~ n~", ,, . ='U... _. _~; e_ .- r,,`~'`?~ir~' _. ,.-, . ,fin .. ~i ~, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: GEORGE KABUSK ASSISTANT COUNSEL ATTORNEY IDENTIFICATION NO. 58804 RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717)787-2830 RANDY LEE MYERS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 01-5315 Civil Term Notice of Aupeal 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 December 19, 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. GEORGE ~ABUSK Assistant Counsel Riverside Office Center -Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717)787-2830 ~) "~sea~" I'.. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION I3Y: GEORGE KABUSK ASSISTANT COUNSEL ATTORNEY IDENTIFICATION NO. 58804 RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717)787-2830 RANDY LEE MYERS, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } vs. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO.O1-5315 Civil Term Request for Transcript A notice of appeal having been filed in this matter, the official court reporter is hereby requested to produce, certify and file the transcript in this matter in conformity with Pa. R.A.P. 1922. Prepare only the original for inclusion in the record as the Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the transcript. G ORG ~ABUSK Assistant Counsel Riverside Office Center -Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 1~ _ aa.. r~,~~.;. PYS510 Cumb and County Prothonotary's ffice Ci il C I i Page 1 v ase nqu ry 2001-05315 MYERS RANDY LEE (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Filed........: 9/11/2001 Case T e.....: APPEAL - LICENSE SUSP Time.........: d 2:15 Ju gment..... .00 Judge Assigned: Execution Date Jury Trial.... 0/00/0000 Disposed Desc.: ------------ Case C e t -- Disposed Date. - 0/00/0000 omm n s -- -------- Higher Crt 1.: Higher Crt 2.: ******************************** ************************************************ General Index Attorney Info MYERS RANDY LEE APPELLANT GOVER MATTHEW R 25 BEL AIR DRIVE DILLSHURG PA 17019 PENNSXLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 ******************************************************************************** * Date Entries * ******************************************************************************** FIRST ENTRY - - - - - - - - - - - - - 9/11/2001 APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- 9/17/2001 ORDER - DATED 9/15/01 - IN RE LICENSE SUSPENSION APPEAL -HEARING DE NOVO IS GRANTED TO DETERMIN WHETHE THE ACTION'OF DEFT OF TRANSPORTIATION AND IMPOSING REGARDING INTERLOCK SANCTIONS SHOULD BE SET ASIDE BY THE COURT MOREOVER IT IS HEREBY ORDERED AND DECREED THAT A HEARING ON 12/17 O1 AT 9:30 AM IN CR 1 OF THE CUMBERLAND CQUNTY COURTHOUSE SQ ARE - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/17/01 ------------------------------------------------------------------- 12/19/2001 ORDER OF COURT - DATED 12/19/01 - IN RE RECORD AND PROCEEDINGS IN CONNECTIONS WITH THE APPEAL OF THIS SUSPENSION THE APPEAL IS HEREBY SUSTAINED - BEFORE THE COURT IS AN APPEAL FROM AN INTERLOCK ORDER FROM THE PA DEPT OF TRANSPORTATION - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 12f19j01 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be~ Bal Py*mts/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 ------------------------ ------------ 45.50 45.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** In Testimony .:'hsreoe; I h_.r~ un+o .: r:r~ hand and the seal of said Court at Carlisie, Pa. ~ .... This ..... °~~........ day of~.etuL.........., ""~~~~~~•~~~~~ ~ Prothonotary ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BX: GEORGE KABUSK ASSISTANT COUNSEL ATTORNEY IDENTIFICATION NO. 58804 RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (71~ 787-2830 Rt1NDY LEE MYERS, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } vs. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO.O1-5315 Civil Term Proof of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: First Class-Mail; Postage Pre-Paid; Addressed as Follows: Judge George E. Hoffer Court Reporter Matthew R. Gover, Esquire Cumberland County Courthouse Cumberland County Courthouse Att. for Appellee Myers 1 Courthouse Square 1 Courthouse Square 2411 North Front Street Carlisle, PA 17013 Carlisle, PA 17013 Harrisburg, PA 17110 ORGE KABUSK Attorney for Department of Transportation Date: January 9, 2002 ~~ ~ ~ ~~ e ~ ~ ~ 1 •~ ~ I V~ c? ~ ~% - ~ _ r,, ~, -, ~ , ~ j d~ ~ ' 'J~ ~J ~~ - ` -~ _ -; ? - ~; , ~ > L C . ' r a ~ r= _:7 V CS° -` Commonwealth Court of Pennsylvania January 15, 2002 RE: Myers v. DOT No.: 106 CD 2002 Agency Docket Number: 01-5315 Filed Date: January 9, 2002 Notice of Docketing Appeal A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel to Pa. R.A.P. 907 (b). 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 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 Party Name Party Type Harold Cramer, Esq. Bureau of Driver Licensing Appellant Matthew Raymond Gover, Esq. Randy Lee Myers Appellee George H. Kabusk, Esq. Bureau of Driver Licensing Appellant ~~ ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: GEORGE KABUSK ~?' _ ASSISTANT COUNSEL ~ -= ~r i ~-~ ATTORNEY IDENTIFICATION N0.58804 `' ~' < ~ ` -- RIVERFRONT OFFICE CENTER -THIRD FLOOR _ p ~ ~ , -_ ` 1101 SOUTH FRONT STREET z HARRISBURG, PENNSYLVANIA 17104-2516 ~ ~' (7171787-2830- /0 ~p ~ 3Crp 1 RANDY LEE MYERS, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 01-5315 Civil Term Notice of Anneal 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 December 19, 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 aze attached hereto. GEORGE {ABUSK Assistant Counsel Riverside Office Center -Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717)787-2830 :. - .~ P~, /~ ~ ~:: -.-~ v~ c <~~ ~~; rn S +v ' ";''~ r~ ~ 7C7z C ~ ~~ '-C L y 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 RANDY LEE MYERS, } IN THE COURT OF COMMON PLEAS Appellee } OF CUMBERLAND COUNTY, PA vs. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } N0. 01-5315 CIVIL TERM Statement of Matters Complained of on Appeal 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 December 19, 2001: 1. The trial court lacked subject matter jurisdiction to adjudicate a challenge to the Bureau's imposition of an ignition interlock requirement upon the restoration of Appellee d3. i Myers' operating privilege insofar as restoration requirements are not one of the six actions of the Department of Transportation that may be the subject of a statutory appeal under Section 1550(a) of the Vehicle Code, 75 Pa.C.S. §1550(a). See also Brennan 's Case, 25 A.2d 155 (Pa. 1942); Ullman Motor Vehicle Operator License Case, 203 A.2d 386 (Pa. Super. 1964). 2. The trial court committed an error of law when it held that the Bureau of Driver Licensing of the Department of Transportation lacked the authority, under 42 Pa.C.S. §7003, to impose an ignition interlock requirement upon the restoration of the operating privilege of a repeat convicted drunk driver where the clear and unambiguous language of 75 Pa.C.S. §7003 imposes such a duty upon the Department of Transportation, regardless of whether such a requirement had been ordered by the criminal trial court under 42 Pa.C.S. §7002. The Bureau is aware of the Commonwealth Court's holding in Schneider v. Department of Transportation, Bureau of Driver Licensing, 2002 Pa. Commw. LEXIS 18 (Pa. Cmwlth. 2002), that held to the contrary, but the Schneider decision is the subject of a petition for allowance of appeal to be filed with the Pennsylvania Supreme Court and the Bureau respectfully submits that this issue has not been fmally decided. 3. The trial court committed an error of law when it held that the ignition interlock law, 42 Pa.C.S. §§7001 through 7003, was unconstitutional, relying upon a prior decision of the Covert of Common Pleas of Cumberland County in Commonwealth v. Mockaitis, 50 Cumberland _ (C.P. Pa. 2001). The Bureau of Driver Licensing respectfully submits that the ignition interlock law is a constitutional exercise of the General Assembly's police ~~ - ~~;; power and violates neither the constitutional doctrine of separation of powers nor the due process or equal protection rights of drivers as guaranteed by the Fourteenth Amendment to the United States Constitution. As noted by the trial court, the Mockaitis decision is presently on appeal before the Pennsylvania Supreme Court, having been argued in December 2001, and the Bureau of Driver Licensing also has an appeal pending before the Pennsylvania Supreme Court on the constitutionality of the ignition interlock law in the case of Probst v. Department of Transportation, Bureau of Driver Licensing, No. 81 MAL 2001, which case has been fully briefed and is awaiting oral argument. Insofar as these appeals are currently pending before the Pennsylvania Supreme Court, the Bureau of Driver Licensing respectfully submits that the constitutionality of 42 Pa.C.S. §§7001 through 7003 has not yet been fmally determined by the appellate courts of this Commonwealth. 4. The Bureau reserves the right to argue any additional issues that maybe raised by the common pleas court's opinion filed in support of that court's order of December 19, 2001.. Respectfully submitted, t/"~ Timothy P. 'le , Assistant Counselln-Charge Appellate Section Vehicle & Traffic Law Division Attorney I.D. No. 30397 Attorney for Appellant d5~ D p 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 I.D. N0.30397 RIVERFRONT OFFICE CENTER -THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717)787-2830 RANDY LEE MYERS, Appellee } IN THE COURT OF COMMON PLEAS } OF CUMBERLAND COUNTY, PA vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 01-5315 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 of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge George E. Hoffer Matthew R. Gower, Esquire Cumberland County Courthouse Attorney for Appellee Myers 1 Courthouse Square 2411 N. Front St. Carlisle, PA 17013 arnsburg, PA 17110 ~. TIM THY P. WILE Attorney for Department of Transportation Date: January 29, 2002 ~~ f7 ~ z E.> -~,n, - ~„ ~, ~" Z E~_ Ga _ ` -_ ~ ~? r'. =£ .G ~_ ~rc ~q -D -G .i- °G !.~~ ~~ RANDY LEE MYERS, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant Before HOPPER, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5315 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: R.A.P. 1925 OPINION A full explanation is contained in our Opinion of December 19, 2001, attached hereto. a~ F~9 ~~~ • f RANDY LEE MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-5315 CIVIL TERM COMMONWEALTH OF :LICENSE SUSPENSION APPEAL PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant ORDER OF COURT AND NOW, this 19th day of December, 2001, upon review of the record and proceedings in connection with the appeal of this suspension, the appeal is hereby sustained. Before the Court is an appeal from an Interlock Order from the Pennsylvania Department of Transportation which was served by official notice on August 9, 2001. The Court notes that on July 24, 2001, the defendant was sentenced by the Honorable J. Wesley Oler, Jr. Judge Oler did not impose a Guardian Interlock sanction following the completion of the defendant's suspension. Consequently, no appeal was taken from the sentence. The defendant was then served with an official notice form PennDOT indicating Guardian Interlock would be imposed. Further, the Court notes that the Pennsylvania Department of Transportation, in its Exhibit 1, had before it a DL21 form filled out by the Cumberland County Clerk of Court which indicated that the ignition interlock requirement was not necessary. Judge Oler had before him, prior to the imposition of sentence, the result of the decision of ~~ ~~- T `. Commonwealth v. Mockaitis, 50 Cumberland County Law Journal, 2001. In Mockaitis, Judge Bayley ruled that a Guardian Interlock suspension following a defendant`s license suspension is unconstitutional. That case is presently pending before the Pennsylvania Supreme Court. We further note that other cases are before our appellate courts which may bear a closer resemblance to the facts here. The Department has referred us to the case of Commonwealth v. Brobst, which is docketed at 0081-MD-2001. The resolution of Brobst may be directly relevant to this case; nonetheless, this Court is bound by the rule of comity with Judge Bayley's decision. That was also argued and heard before a three judge panel of this Court. Therefore, for all the foregoing reasons, the appeal of Randy Lee Myers was sustained. The Pennsylvania Department of Transportation is directed to remove the Guardian Interlock requirement from all further proceedings associated with Myers's license. Matthew R. Gover, Esquire 2411 North Front Street Harrisbur , PA 17110 9 ~ 5 For the Plaintiff George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center -3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 ~ For PennDOT °~~ ~~fi~. r r .°'~ <~ ~ r~ C- cv -n 7 ~ ~ _ v}'C. f ~ ~- _ ~7 f,4.. °LJ _ s i _ ~% ~ .. _.: j ~ ($1 _.r; RANDY LEE MYERS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. 01-5315 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING,: Respondent ORDER OF COURT AND NOW, this 17th day of December, 2001, the Court will take the case under advisement. By the Court, ~tthew R. Gover, Esquire For the Plaintiff ~orge H. Kabusk, Esquire For the Defendant pcb 36 ' /10~ie9 ~~~G L -~~ 02-22.02 ~' ,_. ~- r 1 ~ ~7 , ` ~: ~' ~~ . :~ ~ a '` n w1 . ~~ ~_ ~ ~t! __ RANDY LEE MYERS, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5315 CIVIL TERM LICENSE SUSPENSION APPEAL Proceedings held before the HONORABLE GEORGE E. HOFFER, President Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on December 17, 2001, in Courtroom Number 3. APPEARANCES: Matthew R. Gover, Esquire For the Plaintiff George H. Kabusk, Esquire For the Defendant ~~ D O 1 INDEX TO EXHIBITS 2 FOR THE PETITIONER 3 1 - Packet 4 5 FOR THE RESPONDENT 6 1 - Notice of Suspension 7 2 - 7/24/01 Judge Oler order 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARKED ADMITTED 4 4 MARKED ADMITTED 7 7 7 7 2 J~C ~, 1 THE COURT: Sir. 2 MR. KABUSK: Good morning, Your Honor. 3 MR. GROVER: Good morning, Your Honor. 4 THE COURT: I don't see anyone other than 5 attorneys in the courtroom, how much of a record are we going 6 to make here? 7 MR. KABUSK: Just to document a case, Your Honor. 8 THE COURT: Go ahead. 9 MR. KABUSK: This is the case of Randy Lee Myers 10 versus Commonwealth of Pennsylvania, Department of 11 Transportation, case No. 2001-5315. 12 This is an appeal from a notice of suspension 13 dated August 9, 2001, that informed the petitioner, Mr. Myers, 14 that as a result of his 6/19/2001 conviction of violating 15 Section 3731 of the Vehicle Code, Driving Under the Influence, 16 of 1/14/2001, his driving privilege was suspended for a period 17 of 1 year effective 3/7/2002. 18 In addition, that notice informed the petitioner 19 of the interlock requirement, which in that notice it is 20 stated: Before your driving privilege can be restored you are 21 required by law to have all vehicle owned by you to be 22 equipped with an Ignition Interlock System. This is a result 23 of your conviction for Driving Under the Influence. If you 24 fail Co comply with this requirement, your driving privilege 25 will remain suspended for an additional year. You will 3 22 n_: 1 receive more information regarding this requirement 2 approximately 30 days before your eligibility date. 3 The petitioner objects to the imposition of the 4 interlock requirement. 5 (Commonwealth Exhibit No. 1 marked for 6 identification.) 7 MR. KABUSK: What has been marked as Commonwealth 8 Exhibit No. 1, which is a packet of documents under seal and 9 certification, I direct the Court's attention to Sub-exhibit 10 No. 3, which is the Official Notice of Suspension, as well as 11 Sub-exhibit No. 5, which is the Report of the Clerk of DUI 12 date of conviction, 6/19/2001, date of violation 1/14/2001. 13 Additionally, I direct the Court's attention to Sub-exhibit 14 No. 7, which is the driving record, which indicates previous 15 DUIs, at least ARDs for the DUI. 16 I move for the admission of what has been marked 17 Commonwealth Exhibit No. 1. 18 THE COURT: Sir? 19 MR. GOVER: No objection. 20 THE COURT: 1 is admitted. 21 MR. KABUSK: As a preliminary matter, Your Honor, 22 I make a motion to quash this dappeal. I would hand up this 23 motion to the Court if the Court would care to follow along. 24 In the motion I would direct the Court's attention 25 to paragraph 9, which is where I will start eventually. This 4 ~r j, D 1 Honorable Court has no jurisdiction to hear the appeal of the 2 Department's notice to the petitioner that he will be subject 3 to the Ignition Interlock requirement. 4 10. The Court of Common Pleas has jurisdiction 5 pursuant to 42 Pa.C.S.933 to hear appeals from final orders 6 from the Department of Transportation in the various cases 7 which are listed there. 8 11. The appeal of the requirement for an Ignition 9 Interlock requirement is not one of the matters which the 10 Court of Common Pleas has jurisdiction pursuant to 11 43 Pa.C.S.933. 12 The provisions relating to the Ignition Interlock 13 do not provide for an appeal to the Court of Common Pleas, 14 therefore, there is no appeal of the requirement for Ignition 15 Interlock to the Court of Common Pleas. 16 Where no appeal is specified by statute by the 17 Pennsylvania Constitution, the Administrative Agency Law 18 provides for an appeal. 19 When no appeal is specified by statute from the 20 department determination, the appeal properly should be with 21 the department, not with the Court of Common Pleas. 22 Therefore, with all due respect, this Honorable Court has no 23 jurisdiction to hear this appeal from the requirement for the 24 ignition interlock and any such appeal lies with the 25 department and its administrative dockets, thereby, we make a 5 ~~ _ .. __- ~ ~.~.. ..a.~ 1 motion to quash this appeal. 2 THE COURT: Well, is there going to be a response 3 to this motion? 4 MR. COVER: Yes, sir. This was the first time I 5 received that. 6 THE COURT: Is there going to be a written 7 response to it? 8 MR. COVER: If you want a written response, I can 9 do it, Your Honor, but, obviously, not at this instant. 10 THE COURT: If you are going to file a written 11 response to it, get it in. 12 MR. COVER: All right. Can I address it at least 13 verbally right now? 14 THE COURT: But I am not taking any further 15 argument on the record, I didn't mean to take what Mr. Kabusk 16 just Said to me. It is all in writing, I don't know why we 17 have to say any more. 18 MR. COVER: Okay. 19 THE COURT: Including Exhibit 1 and this motion, 20 do you have anything else? 21 MR. KABUSK: Nothing further, Your Honor. 22 THE COURT: You are resting? 23 MR. KABUSK: Yes, Your Honor. 24 THE COURT: Except for a response to the motion, 25 do you have anything to present? 6 3~ ~~ 0 m 1 MR. COVER: Yes, Your Honor. It would be two 2 exhibits that have been marked, Myers Exhibit 1, Myers Exhibit 3 No. 2. Those would be the official notice that my client 4 received, as well as the sentencing order of this Court by 5 Judge Oler. 6 (Myers Exhibit No. 1 marked for identification; 7 Myers Exhibit No. 2 marked for identification.) 8 THE COURT: Defense 1 and 2? 9 MR. KABUSK: No objection, Your Honor. 10 THE COURT: Admitted. 11 THE COURT: Do you have anything else? 12 MR. COVER: Nothing in the way of testimony, Your 13 Honor. 14 THE COURT: All right, you rest. Close the 15 record. 16 (Discussion held off the record.) 17 THE COURT: And now, this 17th day of December, 18 2001, the Court will take the case under advisement. 19 20 21 22 23 24 25 7 37 .~. M, ~ ~' Q CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Patricia C. Barrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 1„_. ~~ ~O,L,,,. Date 8 ~ U' `{, i : '. ~~ ~' !. _:'S ^~ 7 _. i :' S~" `:`i ?: :. 4,_ ~~~ ,ww . - -. _ ~ -- - ~~ AUG-20-01 11:09AM FROM-Arnold losistics ,~, RANDY ~ nYERS 25 BEL AIR DILLSBURG PA +717-731-4371 T-410 P.02/04 f-168 ~'~~{ rj CONMDNNEALTN OF PENNSYLVANIA //IYf= ~ pEPARTMENT DF TRANSPORTATION EXHIBI,I, Hureau of Driver Licensing Mail Date: AUGUST q9, 2001 ~1 '/70_i p/rY WID i D3214b17g297515 UD1 PROCESSING DATE Q$/O@/2Dg1 DRIVER LICENSE # 1866$3Q1 17D19 DATE OF ®IRTH Q$/2b/1959 LICENSE IN HuREAU pear MR. MYERS: This is an Off3eiai Notice Of the Se48peflsioh of your Driving Privilege as authorized by Section 15328 of the Pennsylvania Vehicle Cpde. As a result of your 06/19/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 01/14/2001: Ypur driving privilege is SUSPENpEA for a period of 1 YEAR(S) BffeotiVR 03~0T~2002 at 12:01 a.m. eeeea:~raet*:cvee*3se**e*ex;esre:*s*~cs~reeee+c*~t~t*eseeste*see*~e**** I WARNING: If you are cpnvicted of driving while dour I I license is suspendedlrevoked the penalties will be a I I MINIMUM pf 90 days imprisonment AND a 51,000 fine AND I I your driving Privilege will be suspended/revoked for I I a MINIMUM 1 year period I eeeyy*^eeyeseeeeeee~ree**a*e**********aee*ea*ea*******es*st* This suspension is in additipn to any other suspensions alreagv pn your record. PRISON RELEASE (~~q~IIREMENT CACT151) The Court of CUMHERLANp CTY, Court Number 00519. Court Term 2001 has sentenced You to serve a Prison term for this violation. pursuant to Seetion 1541(a.l) of the Vehicle Code, you will ndt receive cregit for tole suspension/rsvocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennpDT. You may wish tp contact your probation officer andlor the Court after your release to maKe sure that PennROT is properly notified. ,;: AUG-20-01 11:09AM FROM-Arnold Lo¢istics 012146170297515 +717-731-4371 i-410 P.03/04 F-168 IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned py ydu to be equipped with an Ignitipn Interlock System. This is a result of your conviction for Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an agaitianal year. You will receive more information regarging this requirement approximately 30 days before your eligibility date. -- -PRBVi ING f'RBOF OF' INSURANCE - 6lithin the last 30 days Of your sUSpenSipn/reVdcatiOn, we will send you a letter asking that you prbvide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered 3n Pennsylvania. Important: Please make sure that Penn[)07 is notified if you move from your current address. You may notify PennD07 of your address change by callinsi any of the phone numbers listed at the end of this letter. APPEAk You have the right to appeal this action to the Court of Common pleas CCivil Division) within 30 days df the mail date, AUGUST 09, 2001, of this letter. 2f Yon f11e an app®ai in the county ~eurt, the Court wail give you a time-stamped Certified Copy Cf the appeal. In order for your appeal to be valid, yqu must Send this time-Stamped certified copy of the appeal by Certified mail tc: - -Pen-nsylvania 4epartment-of 'irarspartatsort-- - ---------- --- Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCiA4 NOTICE OF SUSPENSION. Sincerely. ~• ~..~~, Rebecca L. Bickley, Director Bureau of Driver Licensing COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-0519 CRIMINAL TERM CHARGE: (1) RECKLESSLY ENDANGERING ANOTHER PERSON (2) DRIVING VEHICLE AT SAFE SPEED (3) DUI (4) DUTY TO GIVE INFO AND RENDER AID (5) FOLLOWING TOO CLOSELY RANDY LEE MYERS ~ OTN: L080634-1 AFFIANT: SGT. THOMAS KAUFFMAN IN RE: SENTENCE ORDER OF COURT AND NOW, this 24th day of July, 2001, the Defendant, Randy Lee Myers, now appearing in court for sentence with his privately retained counsel, Matthew R. Gover, Esquire, and having previously entered pleas of guilty at Count 1 to Recklessly Endangering Another Person, a misdemeanor of the second degree, at Count 2 to Driving a Vehicle at a Safe Speed, a summary offense, carrying a penalty in the form of a fine of $25.00, at Count 3 to Driving under the Influence, a misdemeanor of the first degree, and a first offense for mandatory sentencing purposes, at Count 4 to Duty To Give Information and Render Aid, a summary offense, carrying a penalty in the form of a fine of $25.00, and at Count 5 to Following Too Closely, a summary offense, carrying arpenalty in r., ; the form of a fine of $25.00, and the Court being in re~eipt~=of a presentence investigation report upon which it relies, the F" sentence of the Court is as follows: ~- -`' At Count 1, Recklessly Endangering Anothe~`_Per~gn, `~` the Defendant is sentenced to pay the costs of prosecu~~on mid a fine of $500.00, and to undergo a period of imprisonment in Cumberland County Prison of not less than 14 days nor more than 23 months. At Count 2, Driving a Vehicle at a Safe Speed, the Defendant is sentenced to pay the costs of prosecution, a fine of JnyfQs ~a EXFIIBIT l~•/y O1 ~P~ $25.00, a $30.00 CAT Fund surcharge and a $10.00 Emergency Medical Services Fund assessment. At Count 3, Driving under the Influence, the Defendant is sentenced to pay the costs of prosecution, a fine of $300.00, a $10.00 Emergency Medical Services Fund assessment, a $30.00 CAT Fund surcharge and a $45 per day incarceration fee for 2 days of the sentence to be imposed and to undergo imprisonment in the Cumberland County Prison for a period of not less than 14 days, nor more than 23 months. At count 4, Duty To Give Information and Render Aid, the Defendant is sentenced to pay the costs of prosecution, a fine of $25.00, a $30.00 CAT Fund surcharge and a $10.00 Emergency Medical Services Fund assessment. At Count 5, Following Too Closely, the Defendant is sentenced to pay the costs of prosecution, a fine of $25.00, a $30.00 CAT Fund surcharge and a $10.00 Emergency Medical Services Fund assessment. The sentences imposed herein shall run concurrently with each other. All sentences imposed herein are- in the standard range of the guidelines to the extent that the guidelines are applicable. Pursuant to the Defendant's request, commencement of service of the term of imprisonment provided for herein shall be on Friday, July 20, 2001, at 6:00 p.m., at which time the Defendant shall present himself to the Cumberland County Prison authorities without further order of court. Work release is authorized for the Defendant if his employment qualifies for the same and if the Cumberland County Prison can accommodate work release in his case. By the Court, Y, ~Ufi: , Edmund Zigmund, Esquire Senior Assistant District Attorney Matthew R. Gover, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendant Probation Sheriff CCP Victim Services pcb Copiesmailed~n , / Copies deli o~ ,~~ D I ,DL-326 (9/95) DATE: October 18, 2001 CERTIFICATION 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. ~~ BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION 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 08/09/01, effective 03/07/03; 2) Report of the Clerk of Court of CUMBERLAND County, convicted 06/19/01, seal attached to original; 3)' Official Notice of suspension dated & mailed 08/09/01, effective 03/07/02; 4) Acknowledgment of Suspension/Revocation/Disqualification/Cancellation as Required Under Section 1541 of the Vehicle Code; 5) Report of the Clerk of Courts of CUMBERLAND COUNTY, convicted 06/19/01, seal attached to original; 6) Official Notice of suspension dated & mailed01/31/01, effective 03/07/01, and 7) Driving Record, which appears in the file of the defendantRANDY L. M)'ERS, operator's no. 18668301, date of birth 08/26/59, 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. §§6103 and 6109. IN TESTIMONY '~lJHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. SEAL - REBECCA L. BIC • fr:', DIRECTOR. BUREAU OF DRIVER LICENSING C®r~ai~ro~n ~nr~aaltG~'s s~~,'dii31T ld~r7oi P~6 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION $uresu of Driver Licensing Nail Data: AUGUST 09, 2001 RANDY L HYERS WYD • 032146370297527 DO3 25 8EL AIR PRO{ESSFN6 DATE 08!02/2001 DRIVER LICENSE t 38668301 DILLSBURG PA 17039 DATE OF BIRTH Oe/26/3959 LICENSE IN BUREAU Dear MR. MYERS: This is an !)1'fioial NOtiota of th® Suspension of your Driving Privilege as authorized by Section 1544 of tht Pennsylvania Vehicle Code. As a result of your Ob/19/2001 conviction of violating Section 3310 of the Vehicle Code, FOLLOWING T00 CLOSELY, on 01/14/2001s ^ Your driving privilege is SUSpEMOt:D for a parr of 15 DAY(S) effective OSs07~2003 at 12:01 a.m. Instead of assigning points to your driver's license record. Section 1544 of the Vehicle Coda reouires PennDOT to extend any existing suspension 5 days for each point that mould have been asaignad to your driver's license record. therefera, PennOgT 4a assigning thin additional is OAYti) auapaneian 4o your currant suspension. This suspension is in addition to any other suspensions already on your record. APPEAL You have the rlpht to appeal this action to the Court of Common Pleas (Civil Division) mithin 30 days oP the mail date, AUGUST 09. 2001, of this letter. If you Tile an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid. You must send this time-stamped certified COPY of the appeal by certified mail tos Pennsylvania Department of Transportation Office of Chief Cnu..sel Third Floor, Rivarfront Office Center Harrisburg, PA 17104-2516 Remember. this is an OFFYGIAL NOTICE OF SUSPENSION. ~` 912161170297527 Sincerely, B..B~,~.~• r~..iP~, Rebecca L. Bickiey. Director Suroau of Driver Licensing INFDRNATIDN 7x90 a.so. to 9s09 g.®. IN STATE i-88®-932-4609 TDD IN STATE 1-980-228-0676 OUT-DF-STATE 717-39]-6198 TDD OUT-DF-STATE 717-391-1191 i0E® SITE ADDRESS www.dot.stata.pa.us LJ iL~'.1 ~k' 131~V d~'..7 f~.F~ t ' I I REPORT OF THE CLERK OF COURTS SHOWING THE CONVICTION OR ACQUITTAL OF ANY VIOLATION OF THE VEHICLE CODE SUMMARY APPEAL AMENDED REPORT DEFENDANT REQUESTS ADDRESS CHANGE C C C C C Under Section 6323 of the Vehicle Code, It Is mandatory that the Clerk of Courts report all violations of the Vehlcle Code. DEFENDANT INFORMATION (TYPE OR PRINT CLEARLY) NAME SE% DATE OF BIRTH FIRST MIDDLE LAST MONTH DAY YEAR MYERS RANDY LEE M 8 26 1959 ADDRESS: (PD Box Number maY be used in etltllUsn to the actual address, but eennal be used ea the only address) 906 SHEFFIELD AVE CrrY STATE ZIP CODE SOCIAL 8ECURITY NUMBER MECHANICSEURG PA 17055-0000 1 7 2 5 4 9 2 4 1 DRIVER NUMBER STATE LICENSE PLATE NUMBER YEAR STATE Offense Oeeuhred While DdvinglTranaponln9 18666301 PA YE10037 PA ^Commarclal Vahlele ^Hazardoue Material VIOLATION INFORMATION THE VEHICLE CODE Act d Jun81T, 7976 P.L 162 SECTION SUBSECTION CLAUSE a. amended. VC3310 DATE OF VIOLATION DATE OF CONVICTION DATE OF ACQUITTAIlNOLLE PROSEQUI MONTH UAV YEAR MONTH OAY YEAR MONTH OAY YEAR 1 14 2001 6 19 2001 CHARGE VIOLATION COAINITTEO DATE IJCENSE OR ACKNOWLEWMENT terl En d and l al 6 d l 1 tl SURRENDERED TO COURr OR dfn'RICT ATTORNEY spee a 0 a 9n, en raVe g spee eg (Check ^ Felony MONTH OAY YEAR eetltl sp~'OY.LOWING TOO CLOSELY tee) ®Summary ^ Misdemeanor SUMMARY APPEAL RESULTS THE VEHICLE CODE ALT of Jane 17, 1976 P.L. 162 as amerMed. Original Charge Amended Charge Settlon, Subsectlon, Clause Dale of Violallon CONPLETE ONLY IF ORIGINAL CHARGE WAS CHANGED. Charge Speed TraveletllSpeed Limi[ Citation Number Settion, Subsectlon, Clause Charge w Date of Convittien date of AcquiDal Oate of Cenvidisn Speed Traveled/Speetl Limit COURT INFORMATION F ACT 122 TREATMENT REQUIRED COURT OF COUNTY OF (check one) COMMON PLEAS CUNffiERLAND ^ YES NUMBER YEAR Q NO 00519 2001 orn G ACT 63 fGNIT10N INTERLOCK REQUIRED L0806341 (check one) SIGNATURE AND DATE CERTIFIED ^ yEs THE UNDERSIGNED CERTIFIES THAT THE FOREGOING 18 A CERTIFIED RECORD ® OF A CONVICTION OR ACOUfrTALINOLLE PROSEQUI NO SEAL H ACT 151 SENTENCE p1l,C!C( ' /~~n 7/24/2001 (check one) clerk of Couds Date Genified Defendant Sentenced to Prison ..:::::::<:::.~:.~.;:.;;.;:.~::.:.:: 0#i~~i4LNtltiltl'•.. 1'~... ~ hiC'#l:•<«~:<:a;:>..:z?~?:•.'s?t#~i .x: ..~'~... '~i. ::~:: ^ Yes 0 No ^ Time Servetl BEE BACK OF THIS FORM FOR INSTRUCTIONS O CONMONNEALTN OF PENNSYLVANIA pEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nail Dates AUGUSt 09, 2001 RANDY L nYERT idlD t 032346370297535 003 25 BEL AIR PROCESTING DATE 0®/02/2001 DRIVER LICENSE a 18666301 DYLLSBURG PA 17039 DATE OF BIRTH 08/26/3959 LICENSE IN BUREAU Dear MR. MYERS: This is an Oftioial Notioe of the Suspension of Your Driving Privilege as authorized by Section 15328 of the Pennsylvania Vehicle Cade. As a result of your Ob/19/2001 conviction of violating Seetion 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on O1/14/2001r • Your driving privilege fa 8U8PHNDlD for a period oP 1 YEARt8) efleatiVe 0/07/2002 apt 12:01 e.m. ( WARNING: If you are convicted of driving while your 1 I license is suspended/revoked the penalties will be a I MINIMUM of 90 days imprisonwent AND a 51,000 fine AND 1 I Your driving privilege will be suspended/revoked for i ( a MINIMUM 1 year period I !####e##########!t#######at##e##eM##R#MflMe#elPeee#iF#eMeR##f11RR This suspension is in addition to any other suspensions already on your record. PRISON RELEASE REQUIR~NENT (ACTlbl) The Court of CUMBERLAND CTY, Court Number 00519. Court Term 2001 has sentenced ynu to serve a prison term for this violation. Pursuant to Section 1541(a.l) of the Vehicle Code, ynu will not receive credit for this suapens9nn/ravucatian or any additional suspension/revocation until You complete your prison term. The Court must certify yo~•~ camRletian to PennD07. 'You may wish to contact Your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. ~~ 012146170297515 IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicleta) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the influent.. If you fail to comply with this requiremen L your driving privilege will remain suseanded for an additions] year. You wfll receive more information regarding this requirement approximately 30 days before Your eligibility date. PROdIDINC PROOF OF INSt6 ANCE Within the last 30 days of your suspension/revocation. we wi]1 send you a letter asking that you provide proof of insuranco at that time. Thls latter wSll list acceotabla docuaonts and what will b• naodad if you do not own a vehicle registered in Pennsylvania. Importanl: Please make sure that PennDOT is notified if you move from your current address. Vou may notify PennDOT of your sddrars change by calling any of the phone numbers listed at the end of this letter. APP You have the right to appeal this action to the Court of Comman Pleas (Civil Division) within 30 days of the mail date, AU6UST 09, 2001, of this latter. I4 yeu file an appeal in the County Court, the 6ourt will give you a time-stamped certified copy of the appeal. In order for Your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counssl Third Floor, Riverfrant Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFYCYAL NOTYCE OF SUSPENSION. Sincerely, Rebecca L. Bickley. Director Bureau of Driver Licensing o121a61TO357sas INfORNATidN Ta0® ~.w. ~~ fa®! ®.®. IN STATE 1-60®-l82-4600 TAD 1N STATE 2-8®®-228-0676 dUT-OF-STATE T1T-391-615® 7OB OUT-OF-fTATE 717-341-6112 NE9 SITE AODREES wra.d®t.stat~.pa.ua PA Department of Transportation Bureau of Driver Licensing Harrisburg, PA 17106-6693 C C C ©~.i~.4 b2iv ~97~15 ACKNOWLEDGMENT OF SUSPENSION /REVOCATION /DISQUALIFICATION /CANCELLATION AS REQUIRED UNDER SECTION 1541 OF THE VEHICLE CODE •- •• ALL Information In Section A, B, & C MUST Be Completed Or Credit Will Not Be Given. PA awyEP's LTCEN$@IFEPMIY NUMaL'a~- ~~~,~,-_, LAST NAME"'~ "' `~"~~__ -°'_ °_`° Jq ETQ FIRST ME - MIDDLE NAME -- ~ -g~aC = i'7 S = awcQ L . DATE9F BIRTH (mart ba listeE) AGE 'HEIGHT ~CIAL SECJRItt NUMBEq SEX EYEf:OLOR TELEPHONE NUMBED ~ ZG' S y F InLryF.S C~ lS ~ '7 2 - S Y - g" l /U e x717 i '-C ~ z - 0~7 ` The Department is requiretl to obtain t he Licensee's Social Security Number, helghp and eye color antler the provtslons of Sections 1510(a) antl/or 1609(a)(4) of the Pennsylvania Vehicle Code. This information will be usetl as itlentifying Information In an attempt to minimize tlriver license fraud. Federal law permits [he use of [he Social Security Number by state licensing officials for purposes of Identification. CHANGE OR CORRECTION OF ADDRESS P.O. Box number ma be used in addit/an [o the actual address, but cannot be used as the on! address NEW STREET AtriwESS :__s>- a>a°°_.. >'._.-'_ ~ IXIY~ ____ _:- ..: ..".. SrATE LPC60E. . By law, if you are registered [o vote, this application will also change your voter registration address unless you check here. This Form May Only Be Used Under The Circumstances Listed Below. You MUST Mark the Appropriate Box(es), Provide The Requested Information, And Sign The Form. 1. ^ Never licensed in Pennsylvania. 2_^ License/Permit issued by Pennsylvania has expired. 3. ^ License issued by Pennsylvania has been surrendered to obtain another state's license. Date Surrendered 4. ^ Licensed in another state, Issue Date: State ______ Driver's # ~ .Expiration .Date: 5. ^ License issued by Pennsylvania has been: O Lost ^ Stolen ^ Mutilated. When? How? _ 6. ^ License issued by Pennsylvania has been surrendered to or confiscated by the Policez. When What Police Department? _ 7. ^ License issued by Pennsylvania has been voluntarily surrendered for: ^ Insurance Purposes ^ Medical Reasons ^ Parental Request When? __ _ - ______ B~License/Permit issued by Pennsylvania has been previously surrendered to the Department of Transportation to serve an existing period of suspension. When? _ Why were you suspended? ,~tF~ cs/`~`!.i r? ~R !' nom/ OC %~ -7~C~ T 9. ^ AcknowledgemenUAffidavit has been previously surrendered to the Department of Transportation to serve an existing period of suspension. When? - - - - _ Why were you suspended~_ ACKNOWLEDGMENT -- rr~ ~ Ci N (•,L (/ ( I, Lv/~ S hereby acknowledge that my driving privilege is Suspended/Revoked/Disqualified in Pennsylvania. ~ PIEAS PRINT AND I certify that all Information given on this acknowledgment is true and correct and hereby apply for proper cretlit. I untlerstand that upon restoration, I will be required to apply for the issu ce, renewal, or replacement of my Driver's License, Learner's Permit, or Camera Card, whichever is nestled, in order [0 6e licensed in Pennsylvan a. If ing a messenger service, I hereby authorize the Department to furnish them with my tlriving record for the purpose of processing this farm. ~,/ / ~ ___ ~ I d 1 _ __._ _ ' SIGNATURE IN INK ATE WARNING: Misstatement of tact is a mistlemeanor of the third degree punishable by a fine of up to $2,500.00 and/or imprisonment up to one year (18 PA C.S. Section 4904(b)). - _ ~. ADDITIONAL INFORMATION Unless this document is being submitted by a Court of Record following sentencing, this form must be mailed to: i,,l PennDOT • Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of this acknowledgment, PennDOT will send you a receipt confirming the date that credit began. If you do not receive this receipt within 3-weeks of your mailing, please contact PennDOT at the telephone numbers listed below to verify that credit has begun: INFORMATION (7:00 a.m. to 9:00 p.m.) +In State: t-800-932-4600 +Out-of-State: 1-717-391-6190 +TDD: 1-800-228.0676 i TDD Out-of-State: j-717-391-6199 `~ __._ _ __ D1,1ir 69.~'C3 ~9~5~~ ' I I REPORT OF THE CLERK OF COURTS SHOWING THE CONVICTION OR ACQUITTAL OF ANY VIOLATION OF THE VEHICLE CODE SUMMARY APPEAL AMENDED REPORT DEFENDANT REQUESTS ADDRESS CHANGE Under Section 6323 of the Vehicle Code, It Is mandatory that the Clerk of Courts report all vlolatlons of the Vehicle Code. A C C C DEFENDANT INFORMATION (TYPE OR PRINT CLEARLY) NAME 5E% DATE OF BIRTH FIRST MIDOIE LAST MONTH OAY VFAR MYERS RANDY LEE M 6 26 1959 ADDRESS: (PD Box Number may be used In atltllgon to Me acluel atlgreae, but cannot be uaeq ea the only address) 906 SHEFFIELD AVE CITY STATE ZIP CODE SOCIAL SECURITY NUMBER MECHANICSBURG PA 17055-0000 1 7 2 5 4 9 2 4 1 ORIBER NUMBER SPATE LICENSE PLATE NUMBER YEAR - STATE OHpnaa Omurmq While DgvinglTrensporting 18668301 PA YE10037 PA ^ Commerclsl VehlCle ^ Hazardous Matarlal VIOLAT ION INFORMATION THE VEHICLE CODE Aet of Jane 17, taT6 P.L T62 SECr10N SUBSECTION CLAUSE assprena.q. VC3731 Al DATE OF VIOLATION DATE OF CONVICTION DATE Of ACgUITTAUNOLLE PROSEgUI (MONTH DAY YEAR MONTH DAY YEAR MONTH DAV YEAR ~'. ~ 1 14 2001 6 19 2001 ' CHARGE VIOLATION CONMfTTED DATE LICENSE OR ACKNOWLEDGMENT ntert ed and le al 9 d i l d 9 SURRENDERED TO t'ADRT OR DISTRICr ATTORNEY g spee v o a on, e reve ng spe (Check ^ Felony MONTH DAY YEAR eeAA UND E INFLUEN s~ Y one) R VING ER TH ^ Summary ®Misdemeanor 7 24 2001 ' CE SUMMARY APPEAL RESULTS THE VEHICLE CODE Aa aF Jurre 17,1976 P.L.162 ps amended. Orlglnal Charge Amended Charge Settlon, Subsectlon, Clause Date of Vldallon CONPLk7E ONLY IF ORIGINAL CHARGE WAS CHANGED. '~ Charge Speed Traveletll5peetl Llmlt Cltdion Number Sedlon, Subsettlon, Clause Charge Date of CORVidlon Date of Acquittd Date oFComidlon Speed iraveletl/Speed Limit COURT INFORMATION F ACT 122 TREATMENT REQUIRED COURT OF COUNTY OF I~~ one) COMMON PLEAS CUMBERLAND ^ YES NUMBER YEAR Q NO 00519 2001 oTN G ACT 631GNI710N INTERLOCK REQUIRED LO 6 0 6 3 41 (check one) SIGNATURE AND DATE CERTIFIED ^ YES THE UNDERSIGNED CERTIFIES THAT THE FOREGOING IS A CERTIFIED RECORD O OF A CONVICTION OR ACOUITTALINOLLE PROSEOUI NO SEAL H ACT 151 SENTENCE ~lti I~, 7/24/2001 (check one) ~ Cledt of Courts Dete Genifiatl Defendant Sentenced to Pfison :~a~:~~n~ ~~~ .r.. :. ~ >A<~~:~?~a":i<:~<:;«: 0 Yes ^ No ^ Time Served SEE BACK OF THIS FORM FOR INSTRUCTIONS ~h J CDMNDNWEALTN aF PCNN64YlVANiA --_ DEPARTNENT DF TRANSPDRTATIDN ---- Bureau of Driver Licensing ---- Harrisburg, PA 17123 ---- JANUARY 31, 20~U1 ---- RANDY L MYERS D11iD"4611E6532$4 041 906, SHEFFIELD AVE 41/~'~J2041 1b6abb~tll MEtNANItS8UR6 PA 1x055 !~O/$b/b959 bear Motorists As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAi. an fll/141~001, your driving privilege is being SUSPENDED for a period of 1 YEARtS). In order to comply with this s4ncti+sn Watt e:'s reW+irsd to return any current driver's license, learner's permit and/or temporary driver's license tcamera card) in yd's' patrdaasssion no la#sr than the effa3ctias date 1ia~ted. I# y cantrot comply with the ret)uirestients stateal abDV9. yi1U; af'Mt mired to submit a t)1.16LC Form or a swam: affidaalit stating that you are aware at the sanction aRgainst your driving privilege. Failure to comply with ttais flotic~ ehmli result in this Bureau referring this ma#ter to the Per^sylvania State Police for prosecution under SECT'IDfM 1571ta)t4) of the Vehicle Code. Although the iaa mandates that your driving priviisgs #s under suspension even if you do not surrender roar license, C:+ea91$ will not begin until all current driver~.s license product(s), the DLiBLC Form, or a letter acknowledging your sane#ian is received in this 6tursau. WHEN THE DEPARTNENT RECEIVES YOUR LIC'EN6tE DR ACKNDWLEDGENENTr WE WILL SEND YDU A RECEIPT. IF Yi6q DD NOT RECEIVE THIS RECEIPT WiTMIN 18 DAYS CONTACT THE DEPARTNENT IMMEDIATELY. OTHERWISE. VDU WILL Na7 BE OYVEN CREtlIT TOWARD SERYIN6 THIS SANCTION. The effective date eaf suepensi®n is OP1/Oa~20@1, 1$:01 e.m. ac ataeaeaF:n***aFataEsaes+:v:ea:s:a**ss+ta:se*e~*a~+:sa:*see:e:r+e:t:re*e:taeesss:e~ra::ts:c i WARNINt;: If you are convicted fsr driving while your f ( license is suspended, #hs penalties will Ilse a MININUN i I of 9g days imprisanmenf AND a 1,080 fins AND your 1 I iicense will bs suspended for 1 year. 1 * * * aeae * * ae aF aF ae aE aE ae ae at ae at aeaa:eae ae a ae ae aeaeae ae ae as as atae aeatat aeaeaeaeae aeaeatae aE aeaFaeaeat aeaeaEaE ~ aE ~~ 91o24t;lia6S3234 Pioaso sae tho information. enclosed apRlieation for restOrstion foe You have the ri0ht to appoai this as;tion to tAo sonrt of Como~on Pleas iCivil DivisAonl rith3A $0 +~aits. Of thae nail data, JANt~ARY 31, 2011, of this 1+s2ttor. ~ 1-itul t~~ an spReax in the tartm'W ~6oti~'tr tlsh 1 ~ you a ti0~•sta~r~pd O'~'t1~laed 0!!~p 04'f thi +B~F~. IA ~r~ar for roar opROai to bo valid. 9ocr NtOS~ il-d t##b ttt~ffit~rpRd certified cop~- of thl~ mpysoai bM R+ffr~~~"it+d nail tos Ptnnsylv8nia Do7sOrtdlagt srM' '~fr~lristi:mn Dffico of Chiof Gs~i~sltl Third Floor. Rivorfro~e# E~ffis0 Captor Harrisburg, PA 17'194-2Si6 ffiiaesorol]-, i 1 ids#obea L. Bi61L~e3N'» i'f~ractor Buret of Hrivar Cleansing 8ENt1 FEERICHI4EElDL-I66ClTOs tl~' 'I'lk t7t08 A#1 TO 9108 Pil) Department of Transportation IH 8TA'tE 1-800-932-4690 Bureau of Driver licensing titl'T~I~F-S'f"A~E X11-391-6190 P.D. Box 68693 TD'# th #TA'~E i-890-2~-8676 Harrisburg, PA lrl9i-9493 TDh @tlT--S?ATE i17-391-6191 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING BISTORY OCT O1 2001 DRIVER: RANDY L MYERS 25 BEL AIR DILLSBURG, PA 17019 DRIVER LICENSE (DL) LICENSE CLASS . LICENSE ISSUE DATE: LICENSE EXPIRES . MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS . PAGE 1 DRIVER LICENSE NO 18668301 DATE OF BIRTB AUG 26 1959 SEX MALE RECORD TYPE REG LIC/ID COMMERCIAL DRIVER LICENSE (CDL) C CDL LICENSE CLASS JUN 30 1999 CDL LICENSE ISSUED : AUG 31 2003 CDL LICENSE EXPIRES: CDL ENDORSEMENTS NONE NONE CDL RESTRICTIONS NONE _ CDL LEARNER PERMITS: SUSPENDED C Ii~CENSE STATUS SUSPENDED SBENDORSEMENT . PROBATIONARY LICENSE (PL) PT. T.T('F!UCL+ nr.n ee *** CONTINUED *** 1 CERTIFIED DRIVING HISTORY - OCT O1 2001 - LICENSE NUMBER 18668301E REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: SEP 30 1983 VIOLATION: VEHICLE CODE: 1501A DESCRIPTION: OPERATOR MUST BE LICENSED CONVICTION DATE:- FEB 04 1986 ACTION: NO ACTION VIOLATION DATE: SEP 30 1983 VIOLATION: VEHICLE CODE: A3731 MAJOR VIOLATION DESCRIPTION: ARD ~UjI ACTION: ARD=N4j A~'1"LON VIOLATION DATE~d ~ a= ~~ VIOLATION: VEHI~ZtE CODE: A3735, b1 A~'OR VIOLATION DESCRIPTION: ARD~~TI ,° _ ACTION: SUSP~ION FOR° 6 MONT~~~) EFFECTIVE. FEB 04 1986 ACTION: RESTORAT7CIN, OF OE15RA'.~IG PRIVIL~'CiEB ~i 12 1986 VIOLATION DATEt~ FEB ~~gk$J2 VIOLATION: VEHTE $ODE: A37S3 MAJOR VItf~~IllN DESCRIPTION: ARD `1~ I ~ ` ACTION: SUSP~:~d~~ON F(~H ` 1~~ I~lONTH(S) EFFECTIVE JUL 02 1992 OFFT~IAL. NO,T,I'"!.E MAIL .7UL 20-.19$2 ACTION: RESTOtiATION OF CIP`P1NG'`F12IVILEGES A~ 02 1992 2 *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - OCT O1 2001 - LICENSE NUMBER 18668301 CONTINUED VIOLATION DATE: JAN 14 2001 VIOLATION: VEHICLE CODE: 1547 DESCRIPTION: CHEMICAL TEST REFUSAL ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAR 07 2001 OFFICIAL NOTICE MAILED JAN 31 2001 VIOLATION DATE: JAN 14 2001 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: JUN 19 200]. ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAR 07 2002 OFFICIAL NOTICE MAILED AUG 09 2001 VIOLATION DATE: JAN VIOLATION: VEH DESCRIPTION: FOL. CONVICTION-DATE: JUN ACTION: SUS'. 001: ` ~t3DE: 3310 °T~ CLOSELY 'trra~n z - -~ - ECTIVE MAR 07 2003 2001 VIOLATION DATE: JAN 1,4 ~;IkQ1 *** CONTINUED *** CERTIFIED DRIVING HISTORY - OCT O1 2001 - LICENSE NUMBER 18668301ECON REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD *** END OF RECORD *** CERTIFIED DRIVING HISTORY - OCT O1 2001 - LICENSE NUMBER 18668301ECONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF T$E DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH AHOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, SEAL D CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (Cl To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVNIA 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 R.A.P. 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: RANDY LEE MYERS V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSSPORTATION NO. O1--5315 CIVIL TERM NO.106 CD 2002 The documents comprising the record have been numbered from No. 1 to 39 ,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 2/26/02 . Curtis R. Long, Prothonotary Jane H. Sparling, Dpty. An additional couv of this certificate is enclosed. Please si¢n and date copy, thereby acknowledQinE receipt of this record. Date Signature & Title A • 1 Among the Records and Proceedings enrolled in the court of Common Pieas in and for the county of CUMBERLAND 106 CD 2002 to No. 01-5315 CIVIL Term, 19 COPY OF COMPLETE in the Commonwealth of Pennsylvania is contained the following: RANDY LEE MYERS v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION DOCKET ENTRY SEE ATTACHED CERTIFIED DOCKET ENTRIES. Commonwealth of Pennsylvania County of Cumberland ss 1, cytrt;a u rung ,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 o(the whole record of the case therein stated, wherein Randy Lee Myers Plaintiff, and Commowealth of Pennsylvania Dept. of Transportation Defendant , as the same remains of record before the said Court at No. 01-5315 of Civil Term, A.D. 19~. In TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 26th day of February q. p.,~~02 , Prothonotary I George E. Hoffer president Judge oC the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long 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 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 ofjudicature as el~wh~en~that the said record, certificate and attestation are in due form of law and made by the r r ,,,r,~ Commonwealth of Pennsylvania County of Cumberland ss: Presient .ludgc 1 Curtis R. Long ,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; [o all whose acts as such full faith and credit are and ought to be given, as well in Courts ofjudicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 26th day of FebruarVq,D, lg'002 . ProthowGtcv PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry PAGE N0. 2 - 14 1 15 - 16 17-20 21 - 22 23 - 26 27 - 29 30 - 38 39 2001-05315 MYERS RANDY LEE (vs) PENNSYLVANIA COMMONWEALTH OF keference No..: Case Type.....: APPEAL - LICENSE SUSP Judgment..... .00 Judge Assigned: Disposed Desc.: ----------- Case Comments ---- Filed........: 9/11/2001 Time.........: Execution Date 2:15 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Higher Crt 2.: 106 CD 2002 *r:r********:t**:t**********:t*:t***:t:t:t***:r:t:t***,t**:t:t:t******************************* General Index Attorney Info MYERS RANDY LEE 25 BEL AIR DRIVE DILLSBURG PA 17019 APPELLANT GOVER MATTHEW R PENNSYLVANIA COMMONWWEALTH OF APPELLEE DEPT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17011 *:t*****:*****r:*********************************************************:t******** * Date Entries *<*********************x*********************************x********************** - - - - - - - - - - - - - FIRST. ENTRY - - - - - - - - - - - - - - 9/11/2001 APPEAL FROM SUSPENSION OF DRIVERS LICENSE 9/17/2001 ORDER - DATED 9/15/01 - IN RE LICENSE SUSPENSION APPEAL -HEARING DE NOVO IS GRANTED TO DETERMIN WHETHE THE ACTION OF DEFT OF TRANSPORTIATION AND IMPOSING REGARDING INTERLOCK SANCTIONS SHOULD BE SET ASIDE BY THE COURT MOREOVER IT IS HEREBY ORDERED AND DECREED THAT A HEARING ON 12/17/01 AT 9:30 AM IN CR 1 OF THE CUMBERLAND COUNTY COURTHOUSE SQUARE - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/17/01 ------------------------------------------------------------------- 12/19/2001 ORDER OF COURT - DATED 12/19/01 - IN RE RECORD AND PROCEEDINGS IN CONNECTIONS WITH THE APPEAL OF THIS SUSPENSION THE APPEAL IS HEREBY SUSTAINED - BEFORE THE COURT IS AN APPEAL FROM AN INTERLOCK ORDER FROM THE PA DEPT OF T SPORTATION - BY THE COURT GEORGE E HOPPER PJ COPIES MAILED 12/19 Ol ------------------------------------------------------------------- 1/09/2002 F~LEDEONFI2/19 O1T~ BYMGEORGE KABUSKESQ FROM THE ORDER THAT WAS ------------------------------------------------------------------- 1/22/2002 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 106 CD 2002 ------------ ------------------------------------------------------ 1/31/2002 STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY TIMOTHY P WILE ------------------------------------------------------------------- 1/31/2002 IN RE: R A P 1925 OPINION BEFORE HOPPER P J ----------------------------/-/-------------------------------------- 2/22/2002 GEORGEOE HOPPER ONA12/17/017TN1CR 3N-THEPCOURTDWILL TAKE THE CASE UNDER ADVISEMENT - BY THE COURT GEORGE E HOPPER PJ COPIES MAILED 2/22/02 - - - - - - _ _ _ _ LAST ENTRY - - - - - - - - - - - - - - EXHBITS * Escrow Information * Fees & Debits Be~ Bal Py*mts/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 * End of Case Information * *************************************************:r****************************** ,,. TRUE C~F+Y FRpM A~CaAD . zssiimor~y , t unto set my nano .ii~9 YnB sue! !3! said 1~~C2rNSte. Pa f+~ ~-1' RANDY LEE MYERS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND C/OUNTY, PENNA. ORDER AND NOW, this/ day of , 2001, upon presentation of the attached Petition and upon the Motion of Matthew R. Cover, Esquire, Attorney for the Petitioner, a hearing de novo is granted to determine whether the action of the Department of Transportation and imposing regarding lnterlack sanctions should be set aside by this Court. Moreover, IT IS HEREBY ORDERED AND DECREED that the Department of Transportation take no further action regarding Interlock sanctions until a final determination of the Petition can be made by this court. A hearing on this matter will be scheduled for / ~ / 7 , 2001,af%"-~~• at Courtroom ~ ,Cumberland County Courthouse. IT IS FURTHER NOTED that the .attorney for the Petitioner shall notify the Department of Transportation of the hearing date forthwith and should provide the Department with a copy of this Petition c -- ,, and Order. - `' ~' ;, ~ - - BY THE COURT: ~ ~ -~ ~'-' •~ ~~ r • ~ ~~% -~ J. `~ 9~~/1/ l~~~E RANDY LEE MYERS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: LICENSE SUSPENSION APPEAL AND NOW, comes Randy L. Myers, by his attorneys, Nealon & Gover, and presents the following Petition to this Honorable Court. 1. Your Petitioner is an adult individual who resides at 25 Bel Air Drive, Dillsburg, York County, Pennsylvania 17019. 2. The basis for this Petition is due to a Driving Under the Influence conviction, which occurred in Cumberland County and the Plaintiff was sentenced on July 24, 2001 before the Honorable J. Wesley Oler of the Cumberland County Court of Common pleas (copy of the Sentencing Order is attached as Exhibit "A" and incorporated herein by reference thereto). 3. Following the Plaintiffs conviction, the Plaintiff received by official notice the following language: Ignition Interlock Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be z ~ equipped with an Ignition Interlock System. This is a result ~r-' ~ `c;-, of your conviction for Driving Under the Influence. If you fail z`' ~ - -~ to comply with this requirement, your driving privilege will ~~J __,=, remain suspended-for an additional year. You will receive ~ ~: ~;_ more information regarding this requirement approximately -~~-~ ;,, ~_jt,~ 30 days before your eligibility date. ~ _ rr 4. This imposition was never part of the original sentencing order by Judge Oler. 5. The full letter forwarded to your Petitioner. is attached as Exhibit "B" and incorporated herein by reference thereto. 6. The Plaintiff objects to the imposition of the Ignition Interlock System as the statute is arbitrary, unreasonable, and unconstitutional. See, Commonwealth v. David Matthew Mockaitis, 50 Cumb. 184 (2001). Additionally, other courts in this Commonwealth have further found the statute unconstitutional. (Attached as Exhibit "C" and incorporated herein by reference thereto is a recent article from the Pennsylvania Law Weekly regarding this issue.) 7. Based upon the foregoing circumstances, Petitioner requests this Honorable Court prohibit the Department of Transportation from imposing any Ignition Interlock sanction as it is not consistent with the sentence earlier imposed and further violative of Plaintiff's constitutional rights under the United States and Pennsylvania Constitutions. WHEREFORE, Petitioner prays this Honorable Court pursuant to 75 Pa.C.S. §1550, to schedule a hearing upon his appeal from the notice set forth as Exhibit "B" to this Petition and, upon hearirig, to vacate the imposition of the Department of Transportation Order as set forth in said notice. Date: ~ S 0 ( Respectfully submitted, NEALON & GOVER, P.C. ay: --- Matth w R. Gover, Esquire LD. #:-47593 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v•, 01-0519 CRIMINAL TERM CHARGE: (1)RECK ENDANG ANOTHER PERSON (2)DRIVING VEHICLE AT SAFE SPEED (SUM) (3)DUI (4)DUTY TO GIVE INFORMATION AND RENDER AID (SUM) (5)FOLLOWING TOO CLOSELY (SUM). RANDX LEE MYERS AFFIANT: SGT. THOMAS KAUFFMAN OTN: L080634-1 IN RE: GUILTY PLEA ORDER OF COURT .AND NOW, :...this 19th day.of.June,, 20.01,, the Defendant; Randy Lee Myers, now appear.ing.in.court with. his privately retained counsel, Matthew Gover, Esquire,- and having tendered pleas of guilty as charged. at Count 1 to Recklessly Endangering Another Person, a misdemeanor of-the second degree, at Count 2 to Driving a Vehicle at a Safe Speed, a summary offense carrying a penalty in the dorm of a fine of $25.00, at Count 3 to Driving under the Influence, a misdemeanor of the first degree, a third offense overall, and a first offense for mandatory sentencing purposes, .at Count 4 to Duty.To.Give Information and Render Aid,:a summary offense .carrying a penalty in the form of a fine of $25.00, and at Count 5 to Following Too Closely, a summary offense carrying a penalty in the form ~_ ;~ of a fine of $25.00, the Defendant's pleas of guilty are accepted, ~arid.se~,t~nce is deferred pending receipt by the Court of ;~d1~~TIr'se~`~ekt~'i~g '~((EE~rt. ~F~ ."~ ft~~f, fa'~. ?" The probati;~~ffice is directed to prepare ~: i r~.:# ~ the afos~es~esa~id~S'e '~iI report, and the Defendant is directed to appear o ce on Tuesday, July 2 2001, at 9:30 a The District Attorney's office and the Clerk of Courts are directed to effect the filing and docketing of the guilty plea colloquy-form executed by the Defendant. Michelle Sibert,.Esquire Assistant District Attorney Matthew Gover, Esquire For the Defendant Probation Sheriff wcy By the Court, :.~_ euu-cu-ui ii:uaam rrcurn-arnoia tosistics +TiT-731-4371 T-410 P.02/04 F-168 CONNONWEAI.TN OF PENNSYLVANIA DEPARTnBNT_OF TRANSPORTATION Bureau of Driver Licensing Mail Rates AUGUST 49, 2001 RANDY L MYERS ZS BEL AIR DILLSBuRG Pd 1,7419 Rear NR. MYERS: WID # 41d14b17QB97515 Q41 PROCESSING DATE 4a/42/2g41 ARIVER LICENSE 9 166b83g1 DATE OF BIRTH QA/26/1959 LICENSE IN SuREAU This is an Of'f363a1 NatSoe 01° the Suspension of your Driving Privilege as authorized by Section 15328 pf the Pennsylvania Vehicle Cpde. As a result of Your Ob/19/2001 oonviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE an 01/14/2001: Your driving .privilege is SUSPeNpEO faP a period of 1 YEARtS) effective 03/07/2002 at 12:01 a.m. x::ee:#aa**eea*ff33f3E~taAa5t3c5eiEie#~exsest3t#iE:raa**%*eeaa*aa~~eiEe*a:ee* 1 WARNING: If you are cpnvieeeq of driving while your { I license is suspended/revoked the penalties +rill be a I MINIMUM pf 90 days imprisonment AND a 51,000 fine AND I 1 your driving Privilege will be suspended/revoked for i l a MINIMUM I year period { **s**ee:ee*~nee~re:t:*~ee*~e~ees~#**~t:e*****see**~ee*:c**e~e****~e*es~ee This suspension is- in addition to env other suspensions alreagy an your record. PRISDb, REI.~A~E (jEQ{JIREMENT CACT151) - The Court pf CUMBERLAND CTY. Court Number _00519. Court .Term 2001 has sentenced ynu to serve a prison term far this violation. Pursuant to Section 1541ca.1) of the Vehicle code, you will not receive credit for this suspertsian/revocation or any additional suspension/revocation until you complete your p~isdn term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to maKe sure that PennpOt is properly notifieq. n~a-sa-u~ n .~anm rrt~m-»In9ta LUi15LILS O1214b17O297515 +717-731-d371 T-41D 8.03/04 F-168 IGNITION INTERIDCK Before your driving privilege can be restored you are required by law tp have all vehielets~ owned by You to be equipRed with art Ignition Interlock System. This is a result of your conviction far Driving Under the Influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an agaitional year. You will receive more information regaraing this requirement approximately 30 days before your eligibility date. '-' -PRBVIDiNG •RR(i0F (ffi INSttRANCE - Within the last 30 days of ycur suspension~revocatipn, we viii send You a letter asking that You provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. =mportant: Please maKe sure tnat PennpOT is notified if you move frpm Your current address. You may notify PennDD7 of your address change by calling any of the phone numbers listed at the end of this letter. AePEAL You have .the right to appeal this action to the Court of Common Pleas ttavil Division) within 30 days of the mail data,, AUGUST 09, 2001, of this letter. !f 'you f11a an aPPeai in the county coact, the Court viii give vdu a time-stamped aertifiad copy of the appaal. In order for your appeal to be valid,-You taunt send this time-stamped certified copy of the appeal by certified mail to: - - Pemrsy2vani~a t?epaf•tment°of Trarsparkat3•srrt-. -....--•--- --•- Dffice of Chief Counsel Third Floor, River#rpnt.(lf#iee Center Harrisburg, PA 19104-2816 Remember, this is an OFFICIAL NOTICE QF SUSPF-NSZRN. Sincerely. .~` ~ - Rebecca 1. 8ickley, Director Bureau of Driver Licensing _.~_,...c~uwaww lwmwa.w;mwfi,aumla~sm~le~IWfLwYYIYIrOY~iaiuWiaYluis~rlYUY1'W~•~ ewwYli Y~iW"'' '~L3dvuiadBtll ~g~.., ~a~i~y _ as ~ w ,, E~~,'... o w. ^ p E~n.:'9.~~9 ° w w.a.n a n a.~ H ~~ ~, -~ y w n u i` W rn 7 'II ~--i Gq -- f^D -n R tD [^p . a y G W ra_.m o ~'0 07 n~ n 0..II T. < ~ w tit ~ rb O [ a,a a~ ~aO.A O n rn 0 ~ (R~' ~' O~ w, tOi ~~ O^ n ~ °" N W ~^., ~. n y O .~ G O .-. - ~ °' w y w O C1 -G.a 6.n a~~~!o ^ a < '-n w - o °^ ~ a ~. y w n '" ~. ^ Q, n T N n T N ~ '~. a' ~ ,~ `~~'aw ]. n C 2 ~ n fp PT ~ ~ ^ n O ~'.~E n w G.~ C y ~ 'y ry ;~o:c o. c g. ^ "n'. N O a -rT n'~-.~ ~-~'~. tr' .a, n o`rn m ° ~, 'F7.;R ~'' ~ O w > n. .. ~ .~ .. a ^ rD .n: a O O ~ ^w {~~hh N ~ ~ ~ ~ C ^ `~ N "' ~: .y i_,n A 0 4 ~. N g p 'a ~ n y '.^~' ~ >,~ '^..,, a rJ ~.'~ a: ~. ~ 'c: N ~ .., ro ~+. 8 rv ~ rn 'C .,~ E n' w ~ rt rt 0' °.. .°„ .y v, ~..~ y-~~ R a' ~ .y ,y', a9 ts1~ ~.n' p. m E: ~ ~' {`ay .~ ~ ~: Y~.v~.Q~ ~.. H. ,a a ~ ° ~.~ 5 a. ~ ~ a. o w Cai ao •, a, rn. H, 17.~ .. af°" O ~ °` O:~i3 . ~ Z g r} '~ .^. ~. 7q O ~^ O lD p ~. ~O.~iC ~+ Q ~^jj m .7 ~- G 'L7 p v' p rt '~.'- p„ ry~ry U' "'S G~ n [ w y'~O _ ~, 'n ^a. tl4 G. ~ ~ Z Pf .r"7 . Ti.q W'O C1.~ a ~n'~pn.~ t^D n.^ .y ^ P.. ~° ~C.'ytr~ .y n ~-„J,ry E. (). Z. ~.. 0 y~ :J..~ y 'E? .„ w 6. p.,'17 .°' ~ iy n ~O. a R `tp'y~' N ° ro ~ E ~$ y ° _y ,~ .~ /°* ~ . n o a o ,a °~ Te ~ o ro .2 ^ w "o,c~.. o x n a w `~° ~ L"Y ~'.~ ° b 0..o. o ~ a~ ~. a. yq 8 y~ ,n, o N? n a a n n iX o C ®,, t+. o ., ~ R o ~' p~ ~w.on "w ~ [7 ...c,, H ~ " ~.. o f7 5` ~ ,a a, ~ H ^ ~. ~ ~°~'• E+r~+ y -a. tfo m ~ a' n n w n. `~ ''I n ~ H ~ n v,` G.. 'mG ~+ - ~. ii if 1?/ ,. ~. ~. C. o ~ ~ ~ w m G y ~ 'i m^n ~. rob F Y5 2 5~5 ~ ro G "x' ~ » O A P ~. ~3 d b F 9' R P~ ° b ~bE•^~^oi"a~~0 ~ c~g~~ ~.~,~tltl~c~gEg-~,p°~~n~~°d~~?tdnAog^~P~ .~d ~ ~. ro~ ~ .P ~o _ ro B o .xn. ~•~6 -o"~'~.~5 `d. it°p °a 5'." a ~, ~ , „~~o °.n°o ^np n..~ ~:F^r`~~ c°p°p F;~^~~n.m.mm~g npO^`<~Cov ~Fn n"$~ .".' ~. P"P'O<~~: o~na°;~=~~' ^ naXPn c'~+ °^. :.o roO R; t:~~'6 A`n 6''P ^dRun.E°a 8. ~•~, aw ,gyp p. ^~yo.N ~~ ~ o:K C^ ~ '•p P w ~ " ° a^ 8 °o n yO n ~ aL7~+' °a 2 c _o 'o w E o ~° ~ E. ^ n ~-~ m ~ ~ o R g ~ m °,~~ ~ ~ ~' ~_~ ~ 'a. ~ c f1~q ~ ~, oP"° ' ~ ~ a .' o ~ n n P E,. h 5 n ^ n in ~t .`~' h.y ^ P n gnu mao~ ~`o'~~Re.e~.^.d oom,~-~".a°B °p'<n y"dEo V rp~~•. WF6'~,o roo pR.6_E R °e.p' "~"°°^"E-O.R~~q~p,g~ n. 8~~.-rtn -o n~.. ~ nro o. ~*"P''n. ~'<P C~ R:m~°.n"P^ryary ~.o°`~ m oR ° °'nc ~ 5pp5.. n, X20'0 ^n t"y o~na6~ ~, ~fS.~p ^~~g. 1..~. %'° @. .y ° ~e^ae..' R' ".OC pro ~~'~a~ -o~ p.•~ n'a ,9 b ^ p wFp° ~ A' n P. 9 p n'F--. S ~ftLL ~.. 0. ~.o n C' o~ ~ y6, ~~ O~ m M P O p w~.~ n ~S..w.o6. wmnO.a ~?~. ~.~N~+. g^PmPa.~~arop ,.~°POn ~.~~'on..ttpii~ ~. -n B.aB. +~ P-`n °'G'G $" 6•_ 6 0 6'tl S''•~ i+'`"cn o'O 'O o °' d.'c~' a.~. E ^~:e C~ `:~~~.8'C~Bw ~`~B ra si e. ~~~-pmg4~e ~,~~CS.'OW-. ~.~~ FCO~~~g~"c, c~yQ~r`jr#°d"^~o ~E mw ~R g ° m 8 ~°0 0 ~P r~~ 0. ~ o F `~.~~ ~,~ g.~ ~ ~ :. G. uy ~y, t.n~ggR R n ~ P _,~, ~:~.a~Op ~ °P.~~ ~,~~~a.,, o~.R•.~'F, n ~•: '8'a °n m_n ? ~ ro'9 ~~• ~° Oro ~. a,: °~ ~6n' !cqt Pn 6.~ .n p n p '°n` ^' ~ ° -. e, d ~°a ~.pn P.. kn-. ~g: 6y 'O*ry.~.~w.~R•.ti ~'p a.~' ~ G~o.n .o -o~~tnw cqw°a gP"'a `~a° ~~° y F ~o n.~ R m,. ~ ~g ~~: :~n .[-~ ~^n ry~~, ~ ^&n.~o''gn'G• no ~,°'.3. 9 _ °o ~~ 5. ~' Pte. G' B .$ '- g. w° ? c ~ gq w e: ~ ~. A' ~ ~' ~ c ^~ n 8 w^ ~ n n „ E m a. $' ~~ a. S' n ^, o'' P :R.m r'S'p 6 n R R.~ 0 G• P-S g c ~a'.~ ?.''n R ~ P a o R.,~~~.~' p•~ ~g, m R.p 6'~.~ 8 E^+ .B rr^ c~ m .~ p .m~ 9 ° ° ~`~ ^'a.g ~m ~'. R"' ~8.. ~.IX. ~. 2 ^ S: ~G n G'p n ^ .. n n _ ~p n P•ggg ~ RRRR v 3 a°^B g,n9~5g' ^o p.~~~' p' P•6 n~~° E.o. ° a. ~_ g ' $. R'l'o ~a.s• n~~ ~:~ro' ~' ~~F- n~~i ~.~ ': o ~ ~n P 6''Pf• n Ci. ? '.7 ~n ~~Z n w.n~G` O~ ~. ~ .p..a o 'O ^ m '~ °~ e'P, ~ ~"$ c 6; .. 'n~i, pS G' ' °2'."o A ~. ~ gyp. ~ .. ~ E .~ x R' m n T ' o;, ~ E ~; ~ c~Bi a~~uT~~.~aFV~..q^ryP~~.'6,.n R.gm^n ro.a~,~o•q g. :.~a 6'o REp. ~°~~ g.v~ G•~°°~o.~B ~op~. b'' ^a. R...B °6~P~~y y ..6.~ m.^An~Tp +~o~E,,g ~~RG n. ng t`~s~ ~~:g ~~ CJm ~O °t' ~~C n ~ ~'~ $'°°' ~' ~m &@ ~~ Oo Y,n 'C.n ^O 8.n q. pa 'n ~. ~ P•.ro ~. Gu .s P' b 'b'a 6 C A ~ ~ p~ C R, o . 0. p Spp C E "[" " ~'. "P~ ~ m mp Fn m w g ^e 8 .,Q ~ R ~" _ ,p a ~ E E.~ b ,g ~'e Rn ~'~m c P _ a ~ ~. ~. ~ ~ "r ~ n m-:. ~eq ~'~~ 'aa^~$: n°"B`~22SS.fi.~'~. ~.. E.p' gR'i'm 8-~n~: 'a, g~ y~~'O' ^ 8.~~~' B.~R E. °a^8;~°a ^~ ~~. ~~~~8°yP.~O6',~Sd+~'o3m n.. o39~A6'~:~yo~~,. ~' ~.n o'~; w6'^„• ^d. ~ g.° °po d'~~~~'a m.°~ w°• on,pon` °°•^ -_y`~ aEELvm- °'.1,~6:~~..-~~ 70 :p, p~.~~mr~ ~G~.nm ~. '°. GG ~.^B,°ro~.'. 0. m n O, ~+ b n ro~ n - O'. R 6 b ~ " J~ a~ ~~~ ~CC~,. ~$omBo~ @. '~ Q,n pc.o.~~gB R gR.~~a, y"~°p~w.~ rod "'~g aG.'< n P ~y. n,8 °a o C9 -.P 8..~ ° 6 SG' 8 0 ~ E, e ° n~~: ° p 0~'tr' no. B~ a, m.n .a ry Bn~ p b n g n^ o n^n E'. .B-R. PRE ~n .n~ pp .°9 Sa V:a .'~'.w o°.. •~~ Cr P. ~. ~d.~''`~-p °io n. a.~tx nPE'. G G• -n-e o +~W E ^ .C ~+, ro' n ~n qy (~'._..~w6 ~. nn~.~nfR ~•.n ~.Q %-nSw B.^o`d'.',. 'n :1 ^nAan,4 Rte'' ~:p~". ?Y"B.'°'w n8 'g n .c 6 ri _E P o »-c Pno'Pn E. e ^ p ..8 mcC e' .:N~g^. py-6POFr v,': °~,,j ~ ,a•~f-~o~'~,°9. ;8mn'^'rP ~'n~o~w ~nr o°q. 2; Pyp~ ~;.S o.86 ... Cn!° o B g`-g ix' ~ro ~ o ge ~ ~_ ~ n. ^n B K Q.. n o _5~.'. •- E rt P m~ ~i. " C.'9c'n y" w nd~ z'a,2+~w. P'Pn" ~~.o o a rmi 6 $ Y~ ~~ R ~~~~6a ,~?`o~~ao°80 ~A ~::,~h'a~$o~E~"~"d,yo:~0~' q~~. ^~ P.B. q { i°5 Q ~ B.~,p. o o ~' g m ~ a' ~ C~ ~ 6 p' 8 n n ~3 ~+, ~ ° °v' ~ °p ~v~ ~` '~ft ~~ Q' ~ ~; k' CC z '~ ~~ . A w ~ R - - rt 6 ~ np. ~.$ n :. p. B. ^ ~ ~ ~ P o .~' ~' o S' ^ ~' n -'. ro m n?.: a5.~ ~. ~ o.~o ~" .ro 5' ^ 5 $' "° o &'"p EB c n ~ ~.n3: 'g.-q ~'.6 s~ ~. G E', 3g ,o"~~a`+'.P npPn °dn': ~' Bg ~~~~a~ &„~: ~'" p'-~nw nRC.~o 6: . ~ CR~~~n .~~' .do cag .o n .g'~_a'~'g.am. °cP x°,B^^n ~8donro~2ag . n c?r$ n o ~;y"B ° . oo~ R n r tr n n, ~, d,.E ~ R d ~. ° ~~~~ro'm`~;.'R' a~.B ,g. ~pn~^,~R',"„~ "].,dP`o.~ ~~~ FRra~:P•,~,8. 0a ~`p'.. o^n °n y~'- ~ ~~d p•$ n.76n~~,~~° n'o~En f~.~ _~'~6~''Cn ~~~. .__.. . .. -.~. ,„a..,n i-:.. , --:.. ~.-c. ,.,,...e.~,., ... ~.. t - .assw,m~mmwm CERTIFICATE OF SERVICE AND NOW, this ~~day of (..~_, 2001, I hereby certify that I have served the foregoing LICENSE SUSPENSION APPEAL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michelle Sibert, Esquire CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 ~~ Matthew R. Gover, Esquire RANDY LEE MYERS, PETITIONER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5315 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT MOTION TO OUASH APPEAL The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated August 9, 2001 the Department of Transportation, Bureau of Driver Licensing, mailed to Randy L. Myers, O.L.N. 18668301, a notice informing him that as a result of his June 19, 2001 conviction of violating Section 3731 of the Vehicle Code, relating to Driving Under the Influence, on January 14, 2001 his driving privilege was being suspended for a period of one year, effective March 7, 2002. 2. The official notice dated August 9, 2001 notified the petitioner that as a result of his conviction for driving under the influence he was required by law to have all vehicle(s) owned by him equipped with an approved ignition interlock system before his driving privilege could be restored. 3. The requirement for Ignition Interlock is found at 42 Pa. C.S. 7001-7003. 4. An individual who has been convicted on or after September 30, 2000 of a violation of Section 3731 of the Vehicle Code, relating to Driving Under the Influence, and has previously been convicted of a violation of Section 3731 of the Vehicle Code, relating to Driving Under the Influence, must have an Ignition Interlock installed in all their vehicles in order to have their operating privilege restored. 42 Pa. C.S. 7002. The petitioner accepted Accelerated Rehabilitative Disposition for a charge brought under 75 Pa. C.S. 3731 with a violation date of September 30, 1983 and accepted Accelerated Rehabilitative Disposition for a charge brought under 75 Pa. C.S. 3731 with a violation date of February 4, 1992. 6. Mr. Myers filed an appeal of the above mentioned matter on or about September 11, 2001 in the Court of Common Pleas of Cumberland County. The petitioner alleges in his petition that the Ignition Interlock System Requirement is unconstitutional citing Commonweadth x Mockaitis. 8. The petitioner alleges in his petition that the Court at sentencing did not order the petifioner subject to the approved Ignition Interlock System requirement. 9. This Honorable Court has no jurisdiction to hear an appeal of the Department's notice to the petitioner that he will be subject to the Ignition Interlock requirement. 10. The Court of Common Pleas has jurisdiction pursuant to section 42 Pa. C.S. 933 the hear appeals from final orders from the Deparhnent of Transportation in the following cases: Section 1377 (relating to judicial review); Section 1550 (relating to judicial review); Section 4724(b) (relating to judicial review); Section 7303(b) (relating to judicial review); and Section 7503(b) (relating to judicial review). 11. An appeal of the requirement for an Ignition Interlock requirement is not one of the matters which the Court of Common Pleas has jurisdiction pursuant to 42 Pa. C.S. 933. 12. The provisions relating to Ignition Interlock do not provide for an appeal to the Court of Common Pleas, therefore, there is no appeal of the requirement for Ignition Interlock to the Court of Common Pleas. See Brennan's Case, 344 Pa. 209, 25 A.2d 155 (1942). 13, Where no appeal is specified by statute the Pennsylvania Constitution and the Administrative Agency Law provide for an appeal. See Department of Transportation u Hosek, 3 Pa. Commw. 580, 284 A.2d 524 (1971). 14. When no appeal is specified by statute from a Department determination the appeal properly should be with the Department not with the Court of Common Pleas. See Department of Transportation, Bureau of Traffic Safety a Yarbinitz, 97 Pa. Commw. 169, 508 A.2d 641 (1986). 15. This Honorable Court has no jurisdiction to hear this appeal from the requirement for Ignition Interlock and any such appeal lies with the Department in its Administrative Docket. 16. A hearing in this matter is scheduled for December 17, 2001, at 9:30 a.m. in Courtroom Number 1, Cumberland County Courthouse, Cumberland, Pennsylvania. WHEREFORE, the Department respectfully requests that its Motion to Quash Appeal be granted and that the aforesaid appeal be Quashed and Dismissed. Respectfully submitted, ~=e~t~~ George H. busk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717)787-2830 Date: December 17, 2001 RANDY LEE MYERS, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA v No. 01-5315 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT I verify that the statements made in the Motion to Quash Appeal are true and correct. I understand that false statements are made subject to the penalties of I8 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. C~(i~ George H. busk Assistant Counsel Department of Transportation River&ont Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717)787-2830 DATE: December 17, 2001 CommonwealthCourt of Pennsylvania Chines R. Hostutler Deputy Prothonotary/Chief Clerk Notice of Discontinuance of Action RE: Myers v. DOT Appeal of: Type of Action: Notice of Appeal No. 106 CD 2002 Cumberland County Court of Common Pleas Agency Docket Number: 01-5315 May 14, 2002 Roam G24. Sixth Floox I-Iazrisbuce. PA 17120 717-255-1650 The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Party Name Party Type Harold Cramer, Esq. Matthew Raymond Gover, Esq. George H. Kabusk, Esq. Bureau of Driver Licensing Randy Lee Myers Bureau of Driver Licensing Appellant Appellee Appellant Cerdf ted from the Record MAY 14 2002 ~ prtler Exit 4 vS ~4- -- ~ _~~zi-ti -~~ `~ ~ ~~~ `c~ ;` _h~;; ~ _ .,. ~n a~' ,, .. 1 ;~' -<