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Home My WebLink About01-2842 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER A. WRIGHT, : NO. Petitioner : : CIVIL ACTION - LAW V. : APPEAL FROM COMMONWEALTH OF PENNSYLVANIA : SUSPENSION OF DEPARTMENT OF TRANSPORTATION, : OPERATOR'S LICENSE Respondent : PRIVILEGES APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 10th day of May, 2001, comes the Petitioner, Christopher A. Wright, by his attorney, G. Patrick O'Connor, Esquire, and presents the following appeal: 1. The Petitioner, Christopher A. Wright, is an adult individual residing at 1714 Cornell Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Petitioner currently possesses Pennsylvania driver's license 25680271. 3. The Petitioner has been notified by the Department of Transportation that, effective June 6, 2001, his operator's license privilege is being suspended for a period of one (I) year as a result of an alleged violation of Section 6308 (offenses related to alcohol) Driving While Registration Suspended/Revoked, on January 29, 2000. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 4. Said suspension of Petitioner's driver's license is improper and illegal for the following reasons: a. The Petitioner pleaded guilty to violation of18 Pa.C.S. §6308; PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT OR BREWED BEVERAGES in February of 2000. The Respondent failed to impose the suspension within a reasonable time al~er receiving a record of the conviction of the Petitioner. b. The Petitioner relied, to his detriment, on the belief that no suspension would be imposed after waiting for a reasonable time. c. The Respondent's unreasonable delay in issuing the suspension was no the fault of the Petitioner, but was the fault of the Respondent. 5. In the event that the said suspension is not invalid and illegal due to unreasonable delay, it is invalid and illegal because it was the Petitioner's first offense. Section 1532(d)(1) of the Motor Vehicle Code mandates that, for a first offense, the department shall impose a suspension for a period of 90 days. WHEREFORE, PURSUANT TO 75 P.S. Section 1550, the Petitioner prays that this matter be set for a hearing de novo before Your Honorable Court and that the Orders of the Department of Transportation be set aside. Respectfully submitted, ~. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ATTORNEY VERIFICATION I, G. PaUick O'Connor, Esquire, hereby certi~ that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is true and accurate to the best of my knowledge, information and belief. ~/G. Patrick 0 Connor, Esq. DATE: .~,~,/~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER A. WRIGHT, : NO. Petitioner : : CIVIL ACTION - LAW V. : : APPEAL FROM COMMONWEALTH OF PENNSYLVANIA : SUSPENSION OF DEPARTMENT OF TRANSPORTATION, : OPERATOR'S LICENSE Respondent : PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States mail, certified mail, postage prepaid, at Camp Hill, Pennsylvania: Pennsylvania Department of Transportation Office of Chief Counsel Arm: George Kabusk, Esquire Third Floor, Riverfront Office Center Harrisburg, PA 17104 DATE:_ · /G. Pa~'ick O Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner DEPARTRENT OF TRANSPORTATZON Rureau of Driver Licensing Harrisburg, PA 17123 APRZL 10, 2001 CHRZ~TOPHER A YRZ;HT O~013L~q~O~Sq O0~ ~7~q CORNELL ROA~ Oq/O3/aaO~ CAflP HZLL PA ~TD~ LZCENSE ZN BUREAU Dear NR. #RZGHTz As a resuZt of your vloZatlon on 01/29/2000 of vioZatlng Sect/on 6308 (offenses reZated to aZcohoZ), your driving privilege is being SUSPENDED for a period of I YEAR(S) as mandated by section ZS$2D of the vehicle code. The e~ec~lve da~e o~ euipenmlon 1o 06/06/2001~ 12:01 a.m. The above mentioned sanction is in addition to any pre- viousZy issued sanction(s). You have the right to appeal the Department's action to the Court of Common Pleas (Clvtl Division) within 30 days of the matZ date (APRZL 10, 2001) of this notice. PLEASE NOTE that this Civil APpeal is in addition to any aPpea! you have to fiZe from the criminal conviction. THE APPEAL MUST BE SENT BY CERTZFZED MAZL TO: PENNEYLVANZA DEPARTMENT OP TRANSPORTATZON OFFZCE OF CHZEF COUNSEL THZRD FLOOR, RZVERFRONT OFPXCE CENTER HARRZSBURG~ PA. 17104 Stncerely~ Rebecca L. Btckley, Director Bureau of Driver Licensing EXHIBIT UA" CHRISTOPHER A. WRIGHT, : NO. ~/o o~oCZ_./.a~ Petitioner : : CIVIL ACTION - LAW V. .. : APPEAL FROM COMMONWEALTH OF PENNSYLVANIA : SUSPENSION OF DEPARTMENT OF TRANSPORTATION, : OPERATOR'S LICENSE Respondent : PRIVILEGES ORDER AND NOW, this _{ ~{~day of_ ~P ~ ,2001, upon consideration of the instant Petition, it is hereby ordered and decreed that a Rule to Show Cause why the herein Petition should not be granted shall be issued on the Respondent, the Department of Transportation. Rule returnable: ~~_ ~_z~..-z.<...~- I ~O~/ - ' It is here ec _j., _ reco mat the suspension of operating privileges of the Petitioner, Christopher A. Wright, which are scheduled to take effect on June 6, CHRISTOPHER A. WRIGHT, : IN THE COURT OF COMMON PLEAs OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, : Respondent : No. 01-2842 CIVIL TERM AND NOW, this 1st day of August, 2001, upon consideration of Petitioner,s Appeal from Suspension of Operator,s License Privileges, and following a hearing held on this date, the appeal is sustained to the extent that the period of suspension imposed by the Department, by notice dated April 10, 2001, is reduced to 90 days, and is otherwise denied. By the Court, G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road For the Petitioner George Kabusk, Esquire PennDOT, Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 For the Respondent wcy COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 CHRISTOPHER A. WRIGHT, Appellee : OF CUMBERLAND COUNTy, PA VS. . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : Appellant j NO. 01-2842 Civil Notice is hereby given that the Commonwealth o fPennsylvania, Department o fTransportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that was filed in this matter on August 1, 2001. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy &the docket entries are attached hereto. T~MOTHYSP. WILE - Assistant Counsel In-Charge Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 78%2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 83o CHRISTOPHER A. WRIGHT, } IN THE COURT OF COMMON PLEAS Appellee : OF CUMBERLAND COUNTy, PA VS. : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, : Appellant j NO. 01-2842 Civil Reouest 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. OTH¥ ]. W LE - Assistant Counsel In-Charge Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 PYSL10 Cumberland County Prothonotary,s Office Civil Case Inquiry Page 2001-02842 WRIGHT CHRISTOPHER A (rs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Case TYPe ..... · qU~gmeh% ...... · APPEAL - LICENSE SUSP Filed.. -: 5/10/2001 ~Uage Assigned: .00 Time...~.: 4:06 Execution Date 0/00/0000 Disposed Desc.: Jury Trial .... ............ Case Comments ........ DisDosed Date· 0/00/0000 ..... Higher Crt 1.: Higher Crt 2.: General Index Attorney Info WRIGHT CHRISTOPHER A 1714 CORNELL ROAD APPELLANT O'CONNOR G PATRICK HIlL PA 17O11 ~E p~~I~. C~M~. ~ -A~-- EALTH OF APPELLEE oT~.~L~~ ~ ~zc"-NSPORTATION "~n~uN'l' OFFICE CENTER HARRISBURG PA 17104 · Date Entries 5/11/2001 ............. FIRST ENTRY .............. APPEAL FROM SUSPENSION OF DRIVERS LICENSE LICENSE PRIV LE ES - A RULE IS ISS RATOR J WESLEY OLE ~ ~ T 9.30 AM IN COURT RO ~ - ~N~ - RULE RETURNABLE 8 01 01 A · UED UPON RESPOND S ~ u~ u O.-, ~ - ux THE COURT .................................................... 8/02/2001SUSPENSION OF OPERATOR'S L~CENSE ORM ORDER OF COURT - DATED 8/1 01 - IN RE PETITIONER'S A~-~ ........ HELD ON THIS DATE THE PRIVILEGES AND FOL PERIOD APPEAL IS SUST LOWING A HEARI OFSUSPENSION IMPO LINED TO THE EXTE NG REDUCED TO 90 DAYS SED BY DEP~ BY NOTICE DA THAT THE OLER JR J COPIES ILRn ~/o~RWISs DENIED - BY T~ ~1~ % ~S AND IS O TED 4 10 0 ......... M~_ ..... -~ ......... ~ WESLEY - - LAST ENTRy .............. · Fees & Debits ~ Escrow ~nformation · ********* ~e Bal P ts d' * ********************************************************************* APPEAL LIC SUSP TAX ON APPEAL 35.00 35.00 .00 SETTLEMENT .50 .50 .00 JCP FEE 5.00 5.00 .00 5.00 5.00 00 ........................ · 45.50 45.50 ............ ************************************************************* · End of Case Information ******************* TRUE COPY In Testimony v,,h~reoL I h"re un:0 set my hand and the seal of said Court at Carlisle, Pa. This .....-~.. .......... day of...~, ~. ........... , ~.-.~.-.~ / Prothonotap/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY p. WILE ASSISTANT COUNSEL IN-CHARGE APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 830 CHRISTOPHER A. WRIGHT, '-- Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PA VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant NO. 01-2842 Civil Proof of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing documents upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed_ as Follows: Judge J. Wesley Oler, Jr. Court Reporter G. Patrick O'Connor, Esquire iCumberland County Courthouse Cumberland County Courthouse Att. for Appellee Wright Courthouse Square I Courthouse Square 3105 Old Gettysburg Road Carlisle, PA 17013 Carlisle, PA 17013 Camp Hill, PA 17011 -- TIMOTHY p. WILE - Attorney for Department of Transportation Date: August 15, 2001 CHRISTOPHER A. : IN THE COURT OF COMMON PLEAS OF WRIGHT, : CUMBERLAND COUNTY, PENNSYLVANIA Appellee : : v. : CIVIL ACTION - LAW : COMMONWEALTH OF : PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, : BUREAU OF DRIVER : LICENSING, : Appellant : NO. 01-2842 CIVIL TERM ORDER OF COURT AND NOW, this 21't day of Augnst, 2001, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Matters Complained of on Appeal no later than 14 days after entry of this Order. BY THE COURT, G. Patrick O'Connor, Esq. ~/, Wesley 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Appellee Timothy P. Wile, Esq. A~sistant Counsel In-Charge Appellate Section Department of Transportation Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellant :re ,LtNNgO ~?~'"?v~F.;NNO glJ.'Ol.~V ti a35 IO Commonwealth Court of Pennsylvania August 22, 2001 RE: Wright v. DOT No.: 1891 CD 2001 Agency Docket Number: No. 01-2842 Civil Filed Date: August 16, 2001 Notice of Docketing Appeal A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counael A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to Page 2 of this Notice. transmit documents to this Court are set forth on 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 G. Patrick O'Connor Christopher A. Wright Appellee Timothy Peter Wile, Esq. Bureau of Driver Licensing Appellant COMMONWE.~.LTH OF Pe.~NSYLVAN1A ~"-' DEPARTMENT O F TR-ANSPORTATION OFFICE CO S C VEHICLE & T~FFIC LAW DWISION BY: T~OTHY p. ~E ASSISTANT CO~SEL ~-CHARGE o ~ .~: ~PPELLATE SECTION A~O~EY ~ENT~ICATION NO. 30397 ~ ? ~;~ '2. RWERFRO~ OFFICE CE~ER - TH~ FLOOR 1101 SO~H FRONT STREET ~830 171~-2516 ' a.. ".:~v C~STOPHER A. ~G~, } ~ THE COURT OF CO~ON FLEAS Appellee : ~ OF C~ERLAND CO~, PA VS. CO~O~EALTH OF PE~SYLVAN~, : DEP~TME~ OF T~NSPORTATION, BU~AU OF DRWER LICENS~G, : Appell~t } NO. 01-2842 Civil Notice is hereby given that the Commonwealth of Pennsylvania, Department o fTransportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that was flied in this matter on August 1, 2001. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. TIMOTHY~. WILE - Assistant Counsel In-Charge Appel]ate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 1'RUE COPY FROM RECC D In Testimolty whereof, ! here un*,, * , ~ and the .~1 ,,f ~,~.~ ,.._ . , ,,, se, m.,,.and ... -,o,a..4J,~._~ tlau nf [3 · ~ /(, CHRISTOPHER A. WRIGHT, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, : Respondent : No. 01-2842 CIVIL TERM IN RE: PETITIONER'S APPEAL FROM SUSPENSION OF OPERATOR.S LICENSE PRIVILEGES Proceedings held before the Honorable J. WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on August 1, 2001, commencing at 9:42 a.m. in Courtroom No. 1. APPEARANCES: G. Patrick O'Connor, Esquire For the Petitioner George Kabusk, Esquire For the Respondent INDEX TO WITNESS FOR THE PETITIONER DIRECT CROSS Christopher Wright 11 15 FOR THE RESPONDENT None INDEX TO EX~{I B I T FOR THE PETITIONER MARKED ~.DMITTED None FOR THE RESPONDENT MARKED ~-DMITTED No. 1 - packet of documents 3 7 i August 1, 2001 2 Courtroom No. 1 3 9:42 a.m. 4 THE COURT: This is the time and place for a 5 hearing on the appeal from suspension of operator's license 6 privileges in the case of Christopher A. Wriaht v. 7 Commonwealth of Pennsylvania. Department of Transportation. 8 We will let the record indicate that the Petitioner or 9 Appellant is present in court with his counsel, G. Patrick 10 O'Connor, Esquire. The Department of Transportation is 11 represented by George Kabusk, Esquire. Mr. Kabusk. 12 MR. KABUSK: Good morning, Your Honor. This 13 is an appeal of a one-year suspension imposed pursuant to 14 Section 1532(d) of the Vehicle Code as a result of the 15 Petitioner,s violation and conviction of an underage 16 drinking offense. What has been marked as Commonwealth,s 17 Exhibit No. 1 is under seal and certification, and I 18 provided a copy of that to Mr. O'Connor. If I may hand 19 that up to Your Honor so that you may follow along. 20 THE COURT: All right. 21 MR. KABUSK: Commonwealth,s Exhibit No. 1 22 consists of five subexhibits. Subexhibit No. 1 is official 23 notice of suspension dated and mailed 4/10 of '01, 24 effective 6/6 of '01. And that Subexhibit No. 1 is the 25 notice of suspension that is at issue today. That notice 1 dated April 10th, 2001, to the licensee, Christopher A. 2 Wright, 25680271, informs Mr. Wright that as a result of 3 his violation on 1/29 of 2000 of violating Section 6308, 4 offenses related to alcohol, his driving privilege is being 5 suspended for a period of one year, as mandated by Section 6 1532(d) of the Vehicle Code. 7 Subexhibit No. 2 is a report of a court 8 ordering the suspension of operating privileges as the 9 result of a violation of Chapter 63 of Title 18, dated 10 1/29/2000; date of conviction, 2/29 of 2000; date 11 certified, 3/22 of '01, seal attached to the original. 12 Your Honor, I turn your attention to that 13 Subexhibit. Subexhibit 2, the name is Christopher A. 14 Wright. The date of violation is 1/29 of 2000. Date of 15 disposition is 2/29 of 2000 for a conviction of 18 Pa. C.S. 16 6308. And I would turn your attention down to the bottom. 17 The date it was certified is 3/22 of '01. And then I would 18 refer you back to Subexhibit No. 1. The Department's 19 notice is dated April 10th of 2001. 20 I'm bringing this to your attention because 21 the Petitioner alleges there's a delay, and certainly the 22 Department acted in a timely fashion. It received it 23 certainly after 3/22 of '01, and sent out the notice of 24 suspension April 10th of 2001. That's less than a month. 25 THE COURT: You're saying, the district 1 justice didn't send this to the Department immediately? 2 MR. KABUSK: That is correct. And that's 3 indicated, because the date certified is 3/22 of '01. 4 Apparently the district justice certified it approximately 5 a year after the date of disposition. 6 THE COURT: All right. I think another 7 issue-- I'm sorry. Go ahead, Mr. Kabusk. 8 MR. KABUSK: And I'm bringing that to the 9 Court's attention because it was brought up in the 10 petition. Subexhibit No. 3 is official notice of 11 suspension dated and mailed 2/23 of '01, effective 3/30/01 12 informing the Petitioner that as a result of his violation 13 on 11/11/2000, violating Section 6308, offenses related to 14 alcohol, his driving privilege was being suspended for a 15 period of 90 days, as mandated by Section 1532(d) of the 16 Vehicle Code. 17 Subexhibit 4 is report of court ordering 18 suspension of operating privilege as the result of a 19 violation of Chapter 63 of Title 18, 11/11/2000, seal 20 attached to the original. I would turn your attention to 21 that, Your Honor. Subexhibit No. 4 indicating the name, 22 Christopher Wright; violation of conviction of 18 Pa. C.S. 23 6308; date of violation, 11/11/2000; date of disposition, 24 2/2 of 2001; date certified is 2/2 of '01. You would 25 notice that the Department.s notice once again was less 1 than a month, and it was dated, referring to Sube~_hibit 3, 2 informing the Petitioner by notice dated February 23rd of 3 2001, of his 90-day suspension. 4 And Subexhibit 5 is a driving record which 5 appears in the file of the Defendant, Christopher A. 6 Wright, operator's number 25680271, date of birth, 7 3/19/1981, in the Bureau of Driving Licensing, Harrisburg, 8 Pennsylvania. 9 THE COURT: So you're saying that there are 10 actually two convictions for this offense, one resulting in 11 a 90-day suspension and one in a one-year suspension? 12 MR. KABUSK: I'm saying, there is two 13 convictions of a violation of Section 6308. Those were 14 different dates of violations. Therefore, there were two 15 offenses. 16 THE COURT: And that.s why this suspension 17 is one year as opposed to 90 days? 18 MR. KABUSK: That is correct, Your Honor. 19 And I'm referring to Section 1532(d) of the Vehicle Code 20 which states, the Department shall suspend the operating 21 privilege of any person upon receiving a certified record 22 of the drivers conviction, and then goes on, adjudication 23 of delinquency or admission into a preadjudication program 24 for violation under 18 Pa. C.S. 6307, 6308, 6310.3. The 25 duration of the suspension shall be as follows: For a 6 1 first offense, the Department shall impose a suspension for 2 a period of 90 days. For a second offense, the Department 3 shall impose a suspension for a period of one year. 4 I move for the admission of what's been 5 marked as Commonwealth,s Exhibit No. 1. 6 THE COURT: Mr. O'Connor, do you have any 7 objection to the admission of that item? 8 MR. O'CONNOR: No, I don't, Your Honor. 9 THE COURT: All right. Commonwealth,s 10 Exhibit 1 is admitted. 11 (Whereupon, Commonwealth,s Exhibit 1 was 12 admitted into evidence.) 13 MR. KABUSK: And that is the Department,s 14 case, Your Honor. 15 THE COURT: Mr. O'Connor, did you want to 16 respond by way of an opening statement? 17 MR. O'CONNOR: Yes, Your Honor. In regard 18 to the suspension that we're appealing today, the 19 Department,s records here indicate that the suspension 20 letter was sent on April 10th, 2001, for a violation on 21 1/29/2000, and conviction is 2/29/2000. And any way you 22 slice it, that is a first violation, and Mr. Wright should 23 only be given a 90-day suspension according to the statute. 24 He did have two offenses. 25 This particular offense took place, and he 1 was convicted before the date of the second offense. In 2 addition, we're arguing that he should not be suspended at 3 all, because of unreasonable delay on the part of the 4 Pennsylvania Department of Transportation, as of the fault 5 of the Department, and also, Mr. Wright relied, to his 6 detriment, on the fact that it would not be suspended. 7 THE COURT: Are you saying, this one-year 8 suspension relates to a first offense? 9 MR. O'CONNOR: Yes, Your Honor. 10 THE COURT: Mr. Kabusk, do you have a 11 response to that? 12 MR. KABUSK: What was the argument, Your 13 Honor? 14 THE COURT: I think the argument is that 15 this one-year suspension is actually for a first offense 16 rather than for the second offense. 17 MR. KABUSK: Yes, I believe that's one of 18 his arguments. In response to that, Your Honor, I would 19 argue that the timing of the offense is not critical. The 20 simple matter that it is a second conviction is what's 21 important, and I would cite to you two cases, Your Honor; 22 the Ebner case at 429 A.2d 1275, and the ~ case at 23 704 A.2d 1298. And I would argue that those cases apply in 24 this instance. It's not the timing that is critical. If 25 it was, that would allow a licensee to manipulate 8 lh 1 suspensions. What is critical is that the person is 2 convicted of a second offense. 3 THE COURT: Okay. 4 MR. O'CONNOR: Your Honor, may I correct-- 5 THE COURT: Certainly. 6 MR. O'CONNOR: This is not a second 7 conviction, as Mr. Kabusk asserts. He's being suspended 8 here for one year for the first conviction. And obviously, 9 there's no way that he could manipulate. If it's true that 10 the district justice was late in sending in the notice to 11 PennDOT, certainly it's not a case of Mr. Wright 12 manipulating the system. 13 THE COURT: You say-- well, I guess it would 14 be pretty easy to figure out if it is a second conviction 15 or not. 16 MR. O'CONNOR: Yes, on the driver's record, 17 it indicates the dates of the convictions. That's page two 18 of the certified letter. 19 THE COURT: I'm sorry. I'm having a little 20 trouble hearing you. 21 MR. O'CONNOR: Page two of the certified 22 driving history clearly indicates the date of the offense 23 and the date of conviction for both charges. 24 THE COURT: Mr. Kabusk. 25 MR. KABUSK: Your Honor, once again, it's 1 not the timing that is crucial. Just because the 2 Department received the conviction for the offense that 3 occurred on January 29th of 2000, after it received the 4 conviction for the offense that occurred later in time, is 5 no reason why that should be assigned a 90-day penalty as 6 did the one that came into the Department in the first 7 place. Simple timing should not allow him to have two 8 90-day suspensions. The delay is in no way chargeable to 9 the Department. 10 THE COURT: Well, I understand, but I think 11 Mr. O'Connor is saying, the one-year suspension seems to be 12 applied to a conviction that occurred February 29, 2000, 13 and the 90-day suspension seems to be applied to a 14 conviction that occurred February 2, 2001. 15 MR. KABUSK: And that is correct, Your 16 Honor. And the reason why is, the one that occurred on 17 November llth came into the Department first, and that is 18 why the Department assigned the 90-day suspension to that. 19 THE COURT: So you're saying, it's not the 20 date of conviction, it's the date the Department receives 21 the certification of conviction? 22 MR. KABUSK: It's both dates, Your Honor. 23 What's important is not necessarily the date of violation 24 and date of conviction of the offenses, just the fact that 25 there was already one on the record, whether it occurred 1 before or after in time triggers the one-year suspension as 2 a result of a second offense. 3 THE COURT: And you're saying that the cases 4 you cited say that? 5 MR. KABUSK: I'm saying that those cases 6 talk about imposing penalties for a second offense 7 essentially irregardless of when they occurred in time. 8 And I would interpret those cases to support the 9 Department's argument. It is not exactly this scenario. 10 MR. O'CONNOR: Your Honor, I only had a 11 chance to glance at those cases. 12 THE COURT: We'll look at them at the 13 conclusion of the hearing. Maybe we can all go back in 14 chambers and take a look at them. Okay. Mr. O'Connor, I 15 guess you wanted to present a witness. 16 MR. O'CONNOR: Yes, Your Honor, I'd like to 17 call Christopher Wright to the stand. 18 Whereupon, 19 CHRISTOPHER WRIGHT 20 having been duly sworn, testified as follows: 21 DIRECT EXAMINATION 22 BY MR. O'CONNOR: 23 Q Mr. Wright, were you charged with underage 24 drinking on January 29th, 2000? 25 A Yes, I was. 1 Q And did you plead guilty? 2 A Yes. 3 Q And did you plead guilty on February 29th, 4 2000? 5 A Yes. 6 Q And at that time did you pay the total fine 7 and costs? 8 A Yes, I did. 9 Q And up to the date that you pleaded guilty, 10 have you ever been convicted or adjudicated delinquent or 11 admitted to a preadjudication program for violation of any 12 law relating to Section 6308 of the Criminal Code? 13 A Up until that point, no. 14 Q Okay. What about Section 6307 of the Crimes 15 Code? 16 A I'm sorry? 17 Q Were you ever convicted prior to that time? 18 A No. 19 Q Of misrepresentation of your age-- 20 A No. 21 Q --to secure liquor. Okay. Were you ever 22 convicted prior to that period of time to 6310, carrying a 23 false ID card? 24 A No. 25 Q And you received a suspension notice from 1 PennDOT this year which imposed a suspension for the 2 underage drinking violation of January 29, 2000? 3 A Yes. 4 Q Okay. And that suspension period was to be 5 one year? 6 A Correct. 7 Q Was there any incident or conversation in 8 November last year which made you feel certain that you 9 would not be suspended for the offense of January 29th, 10 2000? 11 A When the second incident happened, I had 12 talked to a Pennsylvania State LCE officer about the 13 situation. I had mentioned to him-- 14 MR. KABUSK: Objection to the hearsay, Your 15 Honor. 16 MR. O'CONNOR: Your Honor, it's not to 17 establish the truth of the matter asserted, but to discover 18 his state of mind. 19 THE COURT: Why would his state of mind be 20 relevant to the issue of suspension? 21 MR. O'CONNOR: Because we're trying to 22 determine whether he relied to his detriment to the fact 23 that he would not be suspended. So first we have to 24 determine whether he thought that he would not be suspended 25 for the first offense. 1 THE COURT: Okay. I'll sort this out later 2 You may ask the question. 3 MR. O'CONNOR: Okay. 4 BY MR. O'CONNOR: 5 Q Was there an incident of conversation that 6 made you feel certain in your own mind that you would not 7 be suspended for the offense of January 29, 2000? 8 A I had mentioned that I had had a situation 9 beforehand, and that I was-- I had assumed that PennDOT 10 would send me a license suspension notification, and I told 11 him that they never had. And he said that, that's odd, and 12 that the situation must be null and void because of the 13 time period that had occurred. 14 Q So as of that date, did you believe that you 15 were not going to be suspended for the first offense? 16 A That's correct. 17 Q And based on that belief then, did you make 18 plans to go work in the city that was outside the area in 19 which you lived? 20 A That's correct. 21 Q And where did you make plans to work? 22 A I'm working for a painting company down in 23 Dover, Pennsylvania. 24 Q Okay. 25 A It's about 30 minutes away from my house. 1 Q All right. And is there any other 2 transportation available to you other than driving your 3 vehicle? 4 A No, not at this point. 5 Q You indicated that you are working at that 6 job now? 7 A Yes. 8 MR. O'CONNOR: That's all the questions I 9 have, Your Honor. 10 THE COURT: Mr. Kabusk. 11 CROSS EXAMINATION 12 BY MR. KABUSK: 13 Q Mr. Wright, you indicated that you had-- you 14 assumed, you say you assumed, PennDOT would send you a 15 license suspension notice? 16 A Before-- within reasonable time after the 17 incident occurred, I assumed that I would get a 90-day 18 suspension, and that never came. 19 Q ~.nd you're referring to the one that 20 occurred on January 29th of 2000, is that correct? 21 A That's correct. 22 Q And did you ever contact the Department to 23 find out when you were being suspended? 24 A No. 25 Q Now you stated that you secured a job, is 1 that correct? 2 A Yes. 3 Q With a painting company? 4 A Yes. It's a-- they paint houses and barns. 5 Q And your job is to paint houses and barns? 6 A Correct. 7 Q And that's essentially standing on a ladder 8 with a brush in your hand? 9 A Right. 10 Q Painting. And that's what you're paid for? 11 A Uh-huh. 12 Q Now I noticed that you have another 13 suspension for the events, the offense that occurred on 14 November llth of 2000, is that correct? 15 A That's correct. 16 Q When you received that notice of suspension, 17 were you employed by the painting company? 18 A Yes, for a short period, I was. 19 Q And you're stating, for a short period? 20 A Uh-huh. 21 Q You're no longer employed by them, is that 22 correct? 23 A No, I still am. 24 Q You are still employed by them? 25 A The suspension carried over into the period 1 that I was working. Was that your question? 2 Q So you are employed by them even though you 3 were suspended for 90 days as a result of the offense that 4 occurred on November llth of 2000? 5 A Correct. 6 MR. KABUSK: No further questions. 7 THE COURT: Mr. O'Connor. 8 MR. O'CONNOR: I have no further questions. 9 THE COURT: So you did plead guilty on 10 February 2nd, 2001, to the offense that had occurred on 11 November 11, 2000? 12 THE WITNESS: Yes, correct. 13 THE COURT: And you're not appealing that-- 14 the suspension that resulted from that offense? 15 THE WITNESS: Correct. 16 THE COURT: Okay. You may step down. Thank 17 you. Mr. O'Connor, do you have anything further to 18 present? 19 MR. O'CONNOR: No further witnesses, Your 20 Honor. 21 THE COURT: Okay. Mr. Kabusk, did you have 22 any rebuttal testimony? 23 MR. KABUSK: No, Your Honor. 24 THE COURT: Mr. O'Connor, do you have any 25 cases that suggest that the-- where the late or tardy %l 1 suspension is the result of not the Department's failure 2 but the failure of the district justice to notify the 3 Department in a timely manner that the suspension is 4 unlawful? 5 MR. O'CONNOR: No, Your Honor, despite a 6 diligent search, I was not able to find a situation such as 7 the one we have here. The only cases I was able to find is 8 where the person being suspended had not responded to the 9 district justice, and therefore their conviction came a 10 lon9 time after the violation. And the-- as I recall in 11 all those cases that I saw, that was actually a second 12 conviction, although it was a first violation. 13 THE COURT: Mr. Kabusk, do you have any 14 cases on that point? 15 MR. EABUSK: Yes, Your Honor. I would cite 16 to you the Turner case, not for-- for the point that the 17 Department can't be charged, cannot be charged with the 18 delay, because it's not the Department's fault. It is 19 essentially the judiciary's fault. The delay can't be 20 charged to the Department. That is Turner, 624 A.2d 759. 21 Fordham, 663 A.2d 868. And Pokay, 714 A.2d 1162. 22 THE COURT: Okay. Why don't we take a brief 23 recess and I'll see counsel in chambers and we'll look up 24 some of these cases. 25 MR. KABUSK: Just as a matter of 18 %). 1 housekeeping, if I didn't do it, I move for the admission 2 of what's been marked Commonwealth's Exhibit No. 1. 3 THE COURT: I believe that was admitted. 4 (Whereupon, a recess was taken at 10:06 a.m. 5 and proceedings reconvened at 10:27 a.m.) 6 THE COURT: We will let the record indicate 7 that the Court has met in chambers with counsel and has 8 reviewed the cases cited, and we will enter this order. 9 (Whereupon, the following Order of Court was 10 entered:) 12 AND NOW, this 1st day of August, 2001, upon 13 consideration of Petitioner's Appeal from Suspension of 14 Operator's License Privileges, and following a hearing held 15 on this date, the appeal is sustained to the extent that 16 the period of suspension imposed by the Department, by 17 notice dated April 10, 2001, is reduced to 90 days, and is 18 otherwise denied. 19 By the Court, 20 /s/ J. Wesley Oler. Jr. 21 J' 22 23 THE COURT: Thank you very much, and court 24 is adjourned. 25 1275 I ~ Admission At;t;ent:Xon [~ 3/19/1901 A£t:er Avi:Ll&ble 3/30/01 Age Zmpos'tng C~n~nal Esquire H Zn~o I~] L6.,, Follow ~ TM ~2,se.~3 ~5:3,s ~6:G-~.~o-::. 4/ 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. ~lc~ouru ~eporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY P. WILE ASSISTANT COUNSEL IN-CH,4RGE ,4PPELI~4 TE SECTION ATTORNEY I.D. NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 CHRISTOPHER H. WRIGHT, } IN THE COURT OF COMMON PLEAS ,4ppellee : } OF CUMBERLAND COUNTY, PA vs. ; COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, : Appellant } NO. 01-2842 CIVIL TERM Statement of Matters Complained of on Appeal TO THE HONORABLE, THE JUDGES OF THE SAID COURT: NOW COMES the Commonwealth of Pennsylvania, Depa~lment of Transportation, Bureau of Driver Licensing, Appellant, that, by and through its attorney, Timothy P. Wile, Esquire, in compliance with the requirements of Pa. R.A.P. 1925, hereby sets forth the matters about which it complains with respect to its appeal of this Court's order of August 1, 2001: 1. The trial court erred as a matter of law when it reduced the term of suspension for Appellee Wright's conviction for violating 18 Pa.C.S. §6308 on January 29, 2000, from a period of one-year to a period of 90 days where the conviction for Appellee Wright's January 29, 2000, Section 6308 offense was the second underage drinking conviction to be certified to the Bureau of Driver Licensing and a second underage drinking conviction mandates a one-year suspension under both 18 Pa.C.S. §6310.4(b) and 75 Pa.C.S. §1532(d). The fact that the issuing authority certified Wright's conviction for the January 29, 2000, underage drinking offense after the issuing authority had certified to the Bureau Wright's conviction for a November 1 I, 2000, underage drinking offense does not entitle Wright to two 90-day suspensions for a first and second underage drinking conviction. See Ciaccia v. Department of Transportation, Bureau of Driver Licensing, 2001 Pa. Commw. LEXIS 622 (Pa. Cmwlth. 2001). 2. The Bureau reserves the right to argue any additional issues that may be raised by the common pleas court's opinion filed in support of that court's order of August 1, 2001. Respectfully submitted, Assistant Counsel In-Charge Appellate Section Vehicle & Tra. ff~c Law Division Attorney I.D. No. 30397 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TIMOTHY P. WILE ASSISTANT COUNSEL IN-CHARGE APPE£LA TE SECTION ATTORNEY I.D. NO. 30397 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 CHRISTOPHER H. WRIGHT, } IN THE COURT OF COMMON PLEAS Appellee : } OF CUMBERLAND COUNTY, PA VS. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, : Appellant } NO. 01-2842 CIVIL TERM Certificate of Service I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing Statement of Matters Complained of on Appeal upon the following persons in the following manner, which service complies with the requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows: Judge J. Wesley Oler, Jr. G. Patrick O'Connor, Esq. Cumberland County Courthouse Attorney for Appellee Wright 1 Courthouse Square 3105 Old Gettysburg Road Carlisle, PA 17013 _ ~ Camp H_ill, PA 17011 TIMOTHY P. WILE Attorney for Department of Transportation Date: August 3 I, 2001 CHRISTOPHER A. WRIGHT, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : COMMONWEALTH OF : PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, BUREAU: OF DRIVER LICENSING, : Respondent : NO. 01-2842 CIVIL TERM IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 OLER, J., September 12, 2001. In this license suspension case, Respondent, the Pennsylvania Department of Transportation, has appealed to the Commonwealth Court from an order of this court partially sustaining an appeal by Petitioner, Christopher A. Wright, from a one-year suspension of his driving privileges imposed by the Department pursuant to Section 1532(d) of the Vehicle Code~ in response to Petitioner's first conviction for an offense related to underage possession or consumption of alcohol.2 The court denied the appeal with respect to Petitioner's claim that the suspension should be invalidated due to delay in notification, but sustained the appeal to the extent that the period of suspension was reduced to 90 days, the period applicable to a "first offense" under Section 1532(d).3 The case presented the issue of whether a licensee's first conviction could be deemed to be a "second offense," for purposes of applying enhanced penalty provisions of Section 1532(d) of the Vehicle Code, when the licensee's first conviction occurred at a point in time prior to a second violation and subsequent conviction.4 The court concluded ~ Act of June 17, 1976, P.L. 162, No. 81, § 1, as amended, 75 Pa. C.S.A. § 1532(d) (West 1998 & Supp. 2001). 2 See Respondent's Notice of Appeal, filed August 16, 2001; Order of Ct., August 1, 2001. '~ Order of Ct., August 1, 2001. 4 N.T. 7, Hr'g August 1, 2001 (hereinafter N.T..~). VJNVA'IASNN3~ that the first conviction was a "first offense" under Section 1532(d), and that the Department of Transportation had improperly applied the enhanced penalty provisions of that section to a "first offense." Following the entry of the court order and the filing of Respondent's Notice of Appeal, the Commonwealth Court, in Ciaccia v. Pennsylvania Department of Transportation, held, on facts similar to those in the present case, that a first conviction was properly deemed a "second offense," for purposes of the enhanced penalty provisions of Section 1532(d), when the Deportment previously had received a record of a second conviction and had imposed a suspension applicable to a "first offense" in response to the second conviction.~ From the holding in Ciaccia, it is clear that this court's analysis of the enhancement issue was in error and that the Department's suspension should have been upheld in its entirety. This opinion is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). STATEMENT OF FACTS Petitioner is Christopher A. Wright, 20, and resides at 1714 Cornell Road, Camp Hill, Cumberland County, Pennsylvania. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (hereinafter Department).6 Petitioner was convicted on two separate occasions of violations of 18 Pa. C.S.A. § 6308, which relates to the underage possession or consumption of alcohol.7 Both the first violation and conviction occurred before the second violation and conviction. The date of the first conviction, for the violation that occurred on January 29, 2000, was 5 Ciaccia v. Pa. Dep'tofTransp., 2001 Pa. Commw. LEXIS 622 (August 20, 2001). 6 N.T. 3, 7; Commonwealth's Ex. 1, Hr'g August 1, 2001, at 2 (Report of Court Ordering Suspension of Operating Privilege) (hereinafter Commonwealth's Ex. 1). 7 Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S.A. § 6308(a) (West 1998 & Supp. 2001) ("A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages .... 2 February 29, 2000. The date of the second conviction, for the violation that occurred on November 1 I, 2000, was February 2, 2001.8 Pursuant to statutory requirements, records of these convictions were certified and forwarded to the Department;9 however, the Department received the record of the second conviction before it received the record of the first conviction. The record of the first conviction was not forwarded to the Department until March 22, 2001, more than a year atter the first conviction date. During this interim, the second conviction occurred and a record of that conviction was forwarded promptly to the Department on February 2, 2001.10 On February 23, 2001, in response to the record of the second conviction, the Department mailed to Petitioner an official notification of a license suspension. The notification stated, in pertinent part, as follows: As a result of your violation on 11/11/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1532D of the vehicle code.I! On April 10, 2001, in response to the record of the first conviction, the Department mailed to Petitioner another official notification of a license suspension. The notification stated, in pertinent part, as follows: As a result of your violation on 01/29/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED 8 N.T. 4-7; Commonwealth's Ex. 1 at 2, 4 (Reports of Court Ordering Suspension of Operating Privilege). 9 Act of March 25, 1988, P.L. 262, No. 31, § 11, 18 Pa. C.S.A. § 6310.4(a) ("Whenever a person is convicted.., for a violation of... [18 Pa. C.S.A. § 6308], the court.., shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.") l0 N.T. 4-7; Commonwealth's Ex. I at 2, 4 (Reports of Court Ordering Suspension of Operating Privilege). !! N.T. 4-7; Commonwealth's Ex. I at 3 (Department's Notice of Suspension). The effective date of the suspension was indicated to be March 30, 2001. Id. 3 for a j~eriod of I YEAR(S) as mandated by section 1532D of the vehicle code." On May 10, 2001, Petitioner appealed to this court fi.om the one-year license suspension.~3 At a hearing on the matter, Petitioner argued that the suspension was invalid because of an unreasonable delay between the point at which Petitioner was convicted of the violation and the point at which the Department notified Petitioner of the suspension.~4 Respondent argued that the delay between the conviction and the imposition of the suspension was not caused by the Department, and that, therefore, the suspension is valid.~ Alternatively, Petitioner argued that, under Section l $32(d) of the Vehicle Code, the Department was required to impose a 90-day suspension in response to a "first offense." Petitioner argued that the Department violated this statutory mandate by imposing a one-year suspension, the period applicable to a "second offense," in response to the record of Petitioner's first conviction.~6 Respondent argued that the Department may impose a suspension for a period applicable to a "second offense" in response to a record of a first conviction when the Department previously has received a record of a second conviction and has imposed a suspension applicable to a "first offense" in response to the second conviction. ~? On August l, 200 l, the court denied the appeal with respect to the contention that the suspension was invalid because of unreasonable delay; however~ the court sustained n N.T. 4-7; Commonwealth's Ex. I at 2 (Department's Notice of Suspension). The effective date of the suspension was indicated to be June 6, 2001. Id. ~3 See Petitioner's Appeal fi.om Suspension of Operator's License Privileges, filed May 10, 2001. Neither party has appealed the 90-day license suspension imposed by the Department by notification dated February 23,2001. 14 N.T. 8. ~ N.T. 4, 18. ~6 N.T. 7-8. ~? N.T. 8. 4 the appeal "to the extent that the period of suspension imposed by the Department, by notice dated April 10, 2001, is reduced to 90 days.''~8 On August 16, 2001, Respondent filed a notice of appeal to the Commonwealth Court.~9 DISCUSSION Statement of Law Unreasonable Delay. The relevant period for determining whether a license suspension is invalid because of an unreasonable delay in notifying the licensee is the period between the point at which the Department receives the record of the conviction and the point at which the Department notifies the licensee. Pokoy v. Pa. Dep 't of Transp., 714 A.2d 1162, 1164 (Pa. Commw. Ct. 1998). "In other words, only an unreasonable delay by [the Department], and not the judicial system, invalidates [the Department's] license suspension." Id. Enhancement Provisions. Section 1532(d) of the Vehicle Code, which includes enhanced penalties for repeat offenders, provides, in pertinent part, as follows: Additional suspension.-The department shall suspend the operating privilege of any person upon receiving a certified record of the driver's conviction . . . for a violation under . . . [18 Pa. C.S.A. § 6308]. The duration of the suspension shall be as follows: (1) For a first offense, the department shall impose a suspension for a period of 90 days. (2) For a second offense, the department shall impose a suspension for a period of one year. (3) For a third and subsequent offense, the department shall impose a suspension for a period of two years. Any multiple suspensions imposed shall be served consecutively. 75 Pa. C.S.A. § 1532(d). The Statutory Construction Act, which governs the interpretation of Pennsylvania statutes, provides, in part, as follows: ~8 Order of Ct., August 1, 2001. ~9 Respondent's Notice of Appeal, filed August 16, 2001. When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit. Act of Dec. 6, 1972, P.L. 1339, No. 290, § 3, 1 Pa. C.S.A. § 1921(b) (West 1998 & Supp. 2001).20 As noted previously, the Commonwealth Court has recently held that it is "the order in which the Department receives the conviction that determines whether the violation is deemed a first or subsequent offense," and that, therefore, a suspension applicable to a "second offense" may be imposed in response to a first conviction if the Department previously has received a record of a second conviction. Ciaccia, 2001 Pa. Commw. LEXIS at 4-5. In Ciaccia, the Court reasoned that, because the receipt of a certified record of the driver's conviction is a "condition precedent" to the imposition of a suspension under 75 Pa. C.S.A. § 1532(d), the date of the receipt of the record of the conviction, rather than the date of the conviction itself, is the proper focus to determine whether the conviction is a subsequent offense. Id. at 4. Application of Law to Facts Unreasonable Delay. The court found no merit in Petitioner's contention that the license suspension was invalid because of an unreasonable delay between the date of his first conviction and the date of his notification of the suspension imposed in response to that conviction. Only unreasonable delay by the Department serves to invalidate a license suspension. In this case, however, the delay was attributable almost wholly to the judicial system; the Department was responsible for a delay of only 19 days. Because 19 days was a reasonable period in which to notify Petitioner, the suspension was valid. See Fordham v. Pa. Dep't of Transp., 663 A.2d 868, 872 (Pa. Commw. Ct. 1995) (holding six-month delay to be reasonable); Pa. Dep't ofTransp, v. Russo, 96 Pa. Commw. 187, 189, 506 A.2d 1349, 1350 (1986) (holding five-month delay to be reasonable). 20 "When the language of a statute is plain and unambiguous and conveys a clear and definite meaning.., the statute must be given its plain and obvious meaning." Davis v. Sulcowe, 416 Pa. 138, 143, 205 A.2d 89, 91 (1964); see also 1 Pa. C.S.A. §1903 ("Words and phrases shall be construed.., according to their common and approved usage .... "). 6 Enhancement Provisions. The court sustained Petitioner's appeal with respect to his claim that the Department lacked the authority to impose a one-year suspension, the period applicable to a "second offense" under 75 Pa. C.S.A. § 1532(d), in response to his first conviction. In so holding, the court was attempting to apply Section 1921(b) of the Statutory Construction Act, notwithstanding practical difficulties which would obviously result where, as here, the Department's receipt of notices of (first) convictions was delayed. This approach, as it developed, proved to be inconsistent with the subsequent holding in Ciaccia. BY THE COURT, J(~sleyoler,~. - ~.~ G. Patrick O'Connor, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 AUomey for Petitioner V George Kabusk, Esq. PennDOT, Office of Chief Counsel ~i~ Floor, ~ver~ont Office Cent~ H~isburg, PA 17104 A~omey for Respondent 7 DL-326 (9/95) CERTIFICATION DATE: July 23, 2001 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ,o. B~I~LEY L. M~[LLORY, SECRETARY OF TRANSPORTAT I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 04/10/01, effective 06/06/01; 2) Report of a Court Ordering the Suspension of Operating Privileges as the Result of a Violation of Chapter 63 of Title 18, dated 01129/00, date of conviction 02/29/00, date certified 03/22/01, seal attached to original; 3) Official Notice of suspension dated & mailed 02/23/01, effective 03/30/01; 4) Report of a Court Ordering the Suspension of Operating Privilege as the Result of a Violation of Chapter 63 of Title 18, dated 11/11100, seal attached to original, and 5) Driving Record, which appears in the file of the defendant CHRISTOPHER A. WRIGHT, operator's no. 25680271, date of birth 03/19/81, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. §§6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. i~~'~, ~ SEAL REBECCA L. BICKL-EY, DIRECTOR BUREAU OF DRIVER LICENSING CONNONUEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau af Driver Hlrrilhurl, PA APRIL ZI~ Zlli ''' &?Se CORN£LL ROA~ CARP HXLL PA LZCENIE IN BUREAU Dear NR. ~IIGHTm Al a rllu~t of ylur yiolatiaa an II/~/ZlII af vllZltlfll Section &~ll [ifflfllll re~Jted ta iZeahOi)l your driving mandated by eeetSaa ZS$1D If the vekiele sade. viouaXy illuld ilnetionCl). Yau have the right te llllll the Dllm~lniflt'l letl# ti the Court af Cmefl Pleas (Civil DlVlliafl) eithlfl Sl dOYl af the mail date (APRZL 11, Elll) af this aeries. I~lll~ that thil Civi~ A~III~ Il in Idditllfl ta iffy swell ne eve to fl~e fee tho crlllfla~ coflvietin. ~1 APmLK lB I~ lYOnDeLl8 ~LVJ~ Rebecsa L. iickli¥, Director BEND FEE/LZCENIE/D&-I6LC/TOI lllPOBliITllll (YlOO dill TO Ilil PiS) P.O. Box 6i&l$ 1B~ IN STATE 1-101-818-1i76 N~rrisburl, PA l?lli-l&tl I MT-OF-STATE liT-Ill-&ltl COivIMONWEALTH OF pENNSYLVANIA SUSPENSION OF COUNTY OF: OPERATING PRIVILEGE - DL-21C .'.' '~:?,i u,.. ~. ,0.: ~. · .' .' .'.0%, 1:2 - 1 ' 01 COMMONWEALTH OF ~ ' ~SB~G, PA VS. ...... :' DEFENDANT: N~E ~ ADDRE55 ': 1714 ~ ~ . ~ HZ~, ~ 17011 L l ~SB~, PI 17106-0037 ~ .. .... . - ~~..~~ ~RD~ ..... ~UQT ........ 12-~-01 ... THE SUSPENSION OF COUN~ ~ OPERATING PRIVILEGE AS THE ,U~BEa~- 0000136 - 00 R~ULT OF A VIO~ON OF SESStON CHA~ER ~ of ~E 18 YEAR 200~ VIO~ INFORMA~ON ~ ~ . ~ DATEDAy OF VIO~TIONy~ ~T~ DATE~ ~yOF DISP~ITION Y~ ~H DAY DATE OF BIRTH ' 01 29 00 02 29 00 03 19 81 VIO~TION COMMI~ED: (Please u~ a se~mte form DISPOSITION: for each 5harge) ~' ~ ~, t '1~ ..... ~L~' ' ~' ~.t :' ' """ · ' ' '~o.l= . ~ · --' - · ' "" ' * ' ' ~ ~CON~CTION' i ":~ " ~ 18 PA.C.S. ~ 6307 " ' ~ h ' ~ ~ " 18 PA.C.S. ~ 6308 ~ PREADJUCATION DISPOSITION ~ 18 PA.C.S. ~ 6310.3 ~ A~UDICATION OF DELINOUENCY ORDER OF COUP: AND NOW, Having made the above recorded disposition, In accordance with the mandatmy provisions of 18 PA. C.S. § 6310.4(a), this court orders that the operating ..pj'ivilege of this person be suspended. A copy of this order is to be forwarded to . -" the Department of Transportation in order that the suspe~io~,c~ be imposed in ~ . a.,cc~a.nce with the provisions of !8 PA. C.S. § ..' ' " BY THE~ : The und~rs, igned certifies that the forego n is a certified record of~le order of .;;... ·" '.. court m.a~lated.'under the grovisions of 18 PA. C.S. § 6310.4(a) '.,'. · ' · -. i. 03-22-01 ",,,',,.,...',.,.-' ,/4x / / AOPc 621 C-95 SEND THIS FORM TO: BUREAU OF DRIVER LICENSING. P.O. SOX 60037, HARRISBURG, PA 17106-0037 CON#ONNEALT# OF PENNSYLVANZA DEPART#ENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 FEBRUARY 23, 2OGl CHRZSTOPHCR A YRZGHT ~75q CORN[iL ROAB CAflP HZLL PA $?05~ Deer HR. HRXGHTt As I result of your violltion on 11/11/2B00 of vloliting Section 6508 (offenses re31tod to alcohol), your driving privillgl is being SUSPENDED for m ~lrimd of 9B DAY(S) os mandated by section ISSZD of tho vehicle code. tn order to com;Zy vith this sanction you ire ro~u~rod to return uny current driver's license, learner's lofilit end/or temporlry driver's license (cmmeru ¢lrd) in your lieplgainn no liter thin tho effective duto listed. Zf yeu cmflnot comply vith the requirements Ituted ebove, you ore to eublJt i DLI6LC Fore or · svorn offidmvit silting that you ire iwlre of the sinction ololflet yeur drivimO IeEe. Failure to comply with this netiee Ihnl~ relmlt in this Bureau referring this litter te the Pen#gylveflSm Brite Police for proslcution under SECTION IS?l(o)(4) If the hicle Code. Although the law mandates tbut your driving privilile is under suspension even if you do not surrlndlr your product(s), the DLI&LC Forl, or I litter ecknoulodeln! your senction is received in this Bureau. #HEN THE DEPARTNENT RECEZVES YOUR LZCENSE OR ACKNOWLEDGE- RENT, fie ffZLL SEND YOU A RECEZPT. ZF YOU DO NOT RECEZVE TflZS RECEZPT NZTHZN ZS DAYS CONTACT THE DEPARTNENT Z~EOZATELY. OTHERNZSE, YOU NZLL NOT BE GZVEN CREDZT TGffARD SERVZNG THZS SANCTZON. Please see the inclosed opplicition for restoration fee ln- forlltion. 010q76112686093 YOU have the right to appeal tho Dsplrtenntto ictlon to tho Court of Common Pleat (Civil Division) uithln SO days of tho BOil dote (FEBRUARY 23, 2001) of this notice. PL~ NOTS to file from tho criminal conviction. TNB AlqqAL MUST BI U~IT BY ~BRTIPZIIONAXL P~OIIYLVAII~ D~PAIITIqINTOP TNZRD PLOOR, RZVBIIIqBO#TOPPl:O~ IIAIIRZIBURD, PA. Sincerely ~ Rebecca L. llckloy, Dlfector Bureau of Dl-~ver Licensing SEND FEE/LICENSE/DL-16LC/TOs 'INFOBIMTION (?rOi Al4 TO 9tee PII) Department of Transportation IN STATE l-oeo-g$2-q&00 Bureau of Driver Licensing OUT-OF-STATE ?IT-$Vi-61gO P.O. Box &e&9$ TDO IN STATE I-IUB-221-U&?6 HnrrJsburg, PA 17106-8&95 TDDOUT-OF-$TATE 717-$91-6191 O&7 &t! 2 COMMONWEALTH OF PENNSYLVANIA SU~I~IIIIOIII OF .COUN'rv OF: OPERATING PRIVlI. ( - DL- C 09-3-0~ COMMONWF. ALTH OF HAROLD u. ~llB)n PF.I~JSYLVAIdIA e oO. BOK ]$1 8H'~ ~W~ ~ L~A DEFENDANT, ,,,,,~,1~ (717) 532-'76'76 3.';25'/-0361 i-NRZG~T' CHR~B,EOj,mm -I BORBMJ O]LP DAI'VBR LX(~I~]31g DocketNo.: IIT-000094S-00I ~.O. BOX 6003'/ Dam Filed: 11/13/00 HARR/BBURO, ~& 17106-003'/ REPORT OF A COURT ORDERING couRT 09-~-o~ OPERATING PRMLEGE AS THE NUMSE~M'P - nO~O~4S - OO RESULT OF A VIOLA110N OF ~SS~ON CHAPTER 63 of TITLE 18 YEAR DATE OF BIRTH VIOLATION COMMITrED: (Please use a sel~mte form DISPOSITION: for each charge) D 18 PA.C.S. § 6307 [] CONVICTION m 18 PA.C.S. § 6308 [] PREADJUCATION DISPOSITION [] 18 PA.C.S. § 6310.3 [] ADJUDICATION OF DELINQUENCY OR~ER OF COURT: AND NOW, Having made the above recorded dispnsi~on, in accordance with the mandatory provisions of 18 PA. C.S. § 6310.4(a), this court orders that the operating privilege of this person be su,pendnd. A copy of this order is to de forwarded to the Department of Transportation in order that the susan can be imposed in accordance with the provisions of 18 PA. C.$. § 6310.4(b). BY THE COURT The undemigned sedffies that the foregoing is a certified record of the older of court mandated under the provisions of 18 PA. C.S. § 6310.4(a). SEAL PAGE 1 PENNSYLVANIA DEPARTMENT OF Ti~ANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY ~AY 18 2001 DRIVER: CHRISTOPHER A WRIGHT DRIVER LICENSE NO : 25680271 1714 COMNELL ROAD DATE OF BIRTH = MAR 19 1981 CAMP HILL, PA 17011 SEX = MALE RECORD TYPE = MEG LICENSE DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS : C CDL LICENSE CLASS = LICENSE ISSUE DATE: FEB 08 2001 CDL LICENSE ISSUED = LICENSE EXPIRES : MAR 20 2005 CDL LICENSE EXPIRES: ORIG ISSUE DATE : SEP 27 1997 CDL ENDORSEMENTS = NONE MED RESTRICTIONS = NONE CDL RESTRICTIONS = NONE LEARNER PER~ITS = CDL LEARNER PERMITS= LICENSE STATUS : SUSPENDED CDL LICENSE STATUS = SUSPENDED SB ENDORSEMENT = PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES = PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS = OLL LICENSE ISSUED = OLL LICENSE EXPIRES= OLL LICENSE STATUS = *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - MAY 18 2001 - LICENSE NUMBER 25680271 CONTINUED REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: NOV 11 2000 VIOLATION: CHIMES CODE: 6308 DESCRIPTION: UNDERAGE ALCOHOL OFFENSE CONVICTION DATE: FEB 02 2001 ACTION: SUSPENSION FOR 90 DAY(S) EFFECTIVE .MAR 08 2001 OFFICIAL NOTICE MAILED FEB 23 2001 VIOLATION DATE= JAN 29 2000 VIOLATION: CRIMES CODE~ 6308 DESCRIPTION: UNDERAGE ALCOHOL OFFENSE CONVICTION DATE~ FEB 29 2000 ACTION: SUSPENSION 'FOR 1 YEAR(S) EFFECTIVE JUN 06 2001 OFFICIAL NOTICE MAILED APR 10 2001 LICENSE RECEIVED NAR 08 2001 REPORT OF MBDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - MAY 18 2001 - LICENSE NUMBER 25680271 CONTINUED REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** · ' PAGE 4 CERTIFIED DRIVING HISTORY - MAY 18 2001 - LICENSE NUMBER 25680271 CONTINUED IN COMPLIANCE WITH YOUR I~EQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPANT- MANT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCUEATE SUMNARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELYw DIRECTORw BUREAU OF DRIVER LICENSING SEAL FOR SECRETARY OF TI~ANSPORTATION CON#ONWEALTH OF PENNSYLVANIA SS: DATE:MAY 18 2@01 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DHI¥~ LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TI~%NSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TlqANSPORTATION. AS THE DIRECTOR OF THE AFOREHAID BUREAU, SHE HAS LNGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CENTIFICATION. IN TESTIMONY W~qEOF, I HAVE HEREUNTO SET MY IIAND AND SEAL OF THIS DEPANTNENT THE DAY AND YEAR AFORESAID. SINCERELY, SECRETARY OF TRANSPORTATION SEAL COMMONWEALTH OF PENNSYLVJOHA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: TERRAN~E M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION VEHICLE & TRAFFIC LAY/DMSION RIVEKFKONT OFFICE GENTER, THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBUKG, PENNSYLVANIA 17104-2516 CHRISTOPHERA- WRIGHT, ) iN THE COMMONWEALTH COUKT Appellee : OF PENNSYLVANIA ) COMMONWEALTH OF pENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSINO, : Appellant } NO. 1891 C.D. 2001 ORDER AND NOW, this I~2/'~day of_ (~f~/-~j ~'~ , 2001, upon consideration of the Motion to Remand filed by the Commonwealth of Pennsylvania, Depatanent of Transportation, Bureau of Driver Licensing, Appellant, in the above- entitled matter, and in consideration of the opinion of the Honorable J. Wesley Oler, Jr., said Application is hereby GRANTED and: 1. The Order of the Court of Common Pleas of Cumberland County, at docket number 01- 2842 Civil Term, dated August 1, 2001 is hereby vacated; and 2. The matter is remanded to the Court of Common Pleas of Cumberland County, for proceeain~ consistent with the opinion of Judge Oler filed SelXember 12, 200 t. lurisdiclion is relinquished. Bach par~ to bear their own costs. BY THE COUP-T: Certified from the Record OCT 1 5 2001 and Order Exit COMMONWEALTH OF PENNS¥ LV. ANIA DEPARTMENT OF TRANSPORTATION c.~ OFFICE OF CHIEF COUNSEL c~ -- BY: TERRANCE M. EDWARDS ASSI5TANT COUNSEL ..... RIVERFRONT OFFICE 6ENTER, THIRD FLOOR ~.. ;~ :~ .:~ SOUTH FRONT STREET 1101 :~. HARKISBURG, PENNSYLVANIA 17104-25 CHRISTOPHER A. WRIGHT, } IN THE COMMONWEALTH COURT Appellee : OF PENNSYLVANIA VS. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, : A£pellant } NO. 1591 C.D. 2001 ORDER ANDNOW, this /2]~dayOf (~../-EP/fl~'~/? ,2001, upon consideration of the Motion to Remand filed by the Commonwealth of Pennsylvania, Depsah,~ent of Transportation, Bureau of Driver Licensing, Appellant, in the above- entitled matter, and in consideration of the opinion of the Honorable J. Wesley Oler, Jr., said Application is hereby GRANTED and: 1. The Order of the Court of Common Pleas of Cumberland County, at docket number 01- 2842 Civil Term, dated August 1, 2001 is hereby vacated; and 2. The matter is remanded to the Court of Common Pleas of Cumberland County, for proceedings consistent with the opinion of Judge Oler filed September 12, 2001. Jurisdiction is relinquished. Each party to bear their own costs. BY THE COURT: Certified from the Record OCT 1 5 ZOO1 and Order Exit Mr. Curtis R. Long Prothonotar~ Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 10/99 ='1231 CHRISTOPHER A. : IN THE COURT OF COMMON PLEAS OF WRIGHT, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner : : CIVIL ACTION - LAW V. COMMONWEALTH OF : PENNSYLVANIA, : DEPARTMENT OF : TRANSPORTATION, : Respondent : NO. 01-2842 CIVIL TERM ORDER OF COURT AlqD NOW, this 30th day of October, 2001, upon cons~deraUon of Petmoner Appeal from Suspension of Operator's License Privileges, and following a hearing held on August 1, 2001, and upon remand from the Pennsylvania Commonwealth Court by order dated October 12, 2001, for entry of an order consistent with this court's opinion dated September 12, 2001, petitioner's appeal is denied and the suspension imposed by the Department, by notice dated April 20, 2001, is affirmed. BY THE COURT, t / -'~ c~:: '...- yO'l :' "" esle ¢ ~.',..~ G. Patrick O'Connor, Esq. 3105 Old Oettysburg Road Camp Hill, PA 17011 ^ omey for Petitioner ,o- O0 ,o George Kabusk, Esq. Office of Chief Counsel Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent