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Home My WebLink About02-2239 BRIAN P. BAHN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING No.: Oa- 2;?39 Civil Term ORDER OF COURT AND NOW, this Q 1?4 day of ?yj AA 2002, upon consideration of Appellant's Appeal, a hearing shall be held on the 154 day of 2002, at o'clock _A- M in Courtroom Number Cumberland County Courthouse, Carlisle, Pennsylvania. Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 BY THE COURT: vN, VAI SNN3d ur noo c { ±?, y.evino 6u :u Wd 6- kvw Zo ??/L( 7VJI'ily;_? 'rLL JO BRIAN P. BAHN, Appellant V. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 6, i - .2a 39 Civil Term PETITION FOR APPEAL FROM IMPOSITION OF IGNITION INTERLOCK REQUIREMENTS 1. Appellant herein is Brian P. Balm, residing at and having a mailing address of: 106 W. Locust Street, Mechanicsburg, Pennsylvania 17055. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516. 3. By letter or notice dated April 2, 2002, the Department of Transportation suspended Appellant's driving privileges for a period of one additional year for not installing an ignition interlock device in his vehicle. The new restoration date is April 9, 2003 and Appellant appeals hereto from that date. (A copy of the letter is attached hereto as Plaintiffs Exhibit "A") 4. Imposition of ignition interlock requirements is unlawful in that it was done by PennDOT without legal authority and in the absence of imposition of those requirements by this Court. 5. Appellant complied with all of the other requirements and all requirements ordered by the Court. Page 1 of 2 6. On January 11, 2002, the Honorable Judge Pellegrini in the Commonwealth Court of Pennsylvania, held that "because the trial court has jurisdiction over driver license suspension appeals and because the plain language of the Act does not permit PennDOT to have independent authority to impose installation of an ignition interlock device, the decision of the trial court is affirmed." Schneider v. Commonwealth, 790 A.2d 363 (Pa. Commonwealth 2002). WHEREFORE, Appellant respectfully requests that this matter be set down for a hearing, Appellant's driving privileges restored and that the imposition of ignition interlock requirements imposed on Appellant by PennDOT be set aside. Respectfully Submitted, Date: q's- 61- THE LAW OFFICES OF PAU BRADFORD ORR By: Paul Brad&r4 Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 04/02/02 BRIAN P BAHN 106 W LOCUST STREET MECHANICSBURG PA 17055 DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 19903464 03/07/63 04/09/03 Dear MR. BAHN : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a $25.00 restoration fee to PENNDOT. Write your driver's license number (listed above) an the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. PROOF OF INSURANCE -Within 30 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads ^I do not own any motor vehicles currently registered in Pennsylvania^. Please include your name, address, driver's license number and date of birth on the statement. TERM SUSPENSION/REVOCATION 1 EXHIBIT A _ ' LICENSE NO. : 19903464 -You have a 1 YEAR(S) suspension/revocation that began (or will begin) an 04/03/01. Credit for serving this suspension/revoca- tion began (or will begin) on 04/09/01 and will end on 04/09/02. The suspension/revocation resulted from a violation on 06/25/00 of Section 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, You should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services - 1-800-452-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 -American Court Services (serving Central/Western PA) - 1-888-565-6227 -Guardian Interlock Systems - 1-800-499-0994 -Draeger Interlock, Inc. - 1-800-385-8666 You will need to provide the vendor the following court information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 02111 2000 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored you must apply for an Ignition Interlock license. An Ignition Interlock license entitles you to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE your eligibility date. An application is enclosed for your convenience. 2 LICENSE NO. : 19903464 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank You. P.S. REMEMBER, your ELIGIBILITY DATE is 04/09/03. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOD IN STATE TOO OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 Harrisburg, PA 17106-8693 3 I LICENSE NO. : 19903464 IGNTION INTERLOCK LICENSE APPLICATION To apply for an Ignition Interlock License, please sign below and submit this page with a check or money order in the amount of $24.00 to the mailing address listed at the bottom of this letter. Your check or money order should be made payable to PENNDOT. DRIVER'S LICENSE NUMBER - 19903464 BRIAN P BAHN 106 W LOCUST STREET MECHANICSBURG PA 17055 SIGNATUR TELEPHONE NO: If your address has changed, please print the correct address here: If you choose not to install an Ignition Interlock System, you do not have to apply for an Ignition Interlock License. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATE: S?o? I T? Brian P. Bahn, Petitioner BRIAN P. BAHN, Appellant V. COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of Petition for Appeal from Imposition of Ignition Interlock Requirements to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Date: 5AI ba LS / PAUL BRADF RD ORR, ESQUIRE AJ ?r c vet 2j 1 N CJ =;J <. J `jt'f7 BRIAN P. BAHN, Appellant VS. COMMONWEALTH OF PA., DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2239 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this 1(o e day of August, 2002, after hearing, the appeal of Brian P. Balm, is SUSTAINED to the extent that the requirement that all vehicles owned by him must be equipped with an ignition interlock system prior to the restoration of his driving privileges is STRICKEN. See Albert John Schneider v. Com. of Pa. Dept of Trans Bureau of Driver Licensing, No. 1513 C.D. 2001 (Pa.Cmmwth 2002). BY THE COURT, Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Timothy Prendergast, Legal Intern Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 ,K, -, 4,, Kevi A. Hess, J. Lam ?rwr?Qu? F-l1-oa' i cl, ! ;ilk z,v AL ., WJ Brian P. Balm, Petitioner V. Commonwealth of PA, Department of Transportation, Bureau of Driver Licensing, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 02-2239 CIVIL CIVIL ACTION - LAW MOTION TO VACATE THE STAY OF THE DEPARTMENT PENDING COMMONWEALTH COURT APPEAL AND NOW comes petitioner, Brian P. Bahn, by and through his attorneys, THE LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, requesting this HONORABLE COURT to order respondent to reinstate petitioner's privilege to operate a motor vehicle in the Commonwealth of Pennsylvania pending respondent's appeal to the Commonwealth Court of an order vacating the required installation of an ignition interlock system as a condition of reinstating driving privileges and avers the following: 1. Petitioner was convicted on February 20, 2001, of driving under the influence in violation of Section 3731 of the Vehicle Code. 2. As a result of this conviction, respondent sent petitioner a letter stating that as part of petitioner's punishment for the driving code violation, respondent was suspending petitioner's driving privilege for 1 year effective April 3, 2001. (A copy of the letter is attached hereto and marked as Petitioner's exhibit "A".) 3. Petitioner served his suspension and complied with all court orders and the directions for reinstating his driving privilege given to him by respondent in the letter marked Petitioner's exhibit "A". ATTORNEY VERIFICATION I verify that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: [? 1 " v PJW6 Paul Bradfor Orr, Esquire COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 16. 2001 BRIAN P BARN WID • 010446312741236 001 106 W LOCUST STREET PROCESSING DATE 04/04/2001 MECHANICSBURG PA 17055 DRIVER LICENSE • 19903464 DATE OF BIRTH 03/07/1463 LICENSE IN BUREAU Dear MR. BAHNs This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532E of the Pennsylvania Vehicle Code. As a result of your 02/20/2001 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 06/25/2000: As a result of your conviction for driving under the influ- ence, you are required by low to have all vehicle(s) owned by You equipped with an approved ignition interlock system before your driving privilege can be restored. 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 eligibilty date. ¦ Your driving privilege is SUSPENDED for a Period of 1 YEAR(S) effective 04/03/2001 at 12:01 a.m. *ee****e**e**e*ee*eeaa*aaaa****a*aea*aaaa*a*ae*ae*eeee*a*a* I WARNINGS If you are convicted for driving while your I I license is suspended, the penalties will be: a MINIMUM I I of 90 days imprisonment AND a $10000 fine AND Your I license will be suspended for 1 year. *******e***********a***e**a*****a*e***a**e******ee**e**#a*e Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION. PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving Priv- ilege until all the requirements are sat4.*4sa 010996112141236 Additionally, the Court of CUMBERLAND CTY, Court Number 02111, Court Term 2000 has sentenced you to serve a prison term for this violation. Pursuant to Section 1541(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court af- ter your release to make sure that PennDOT is properly no- tified. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay Your restoration fee, complete the following stepst 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. =mportentt Please make sure that 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. 010996112741236 APPEAL You have the right to appeal this action to the 'Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 16. 2001, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped cartified 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 Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely. Rebecca L. Bickleys Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 -P.m. IN STATE 1-800-932-4600 TOO IN STATE 1-800-228-0676 OUT-OF-STATE 717-391-6190 TOO OUT-OF-STATE 717-391-6191 WEB SITE ADDRESS www.dot.state.pa.us COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 04/02/02 BRIAN P BAHN 106 W LOCUST STREET DRIVER'S LICENSE NUMBER: BIRTH DATE: ELIGIBILITY DATE: 19903464 03/07/63 04/09/03 MECHANICSBURG PA 17055 Dear MR. BAHN This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you are eligible to have Your driving privilege restored, provided no other violations are processed against Your driving record. This date is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a $25.00 restoration fee to PENNDOT. Write your driver's license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. PROOF OF INSURANCE -Within 30 days of your ELIGIBILITY DATE, provide a copy of one of the following to PENNDOT to show that all motor vehicles currently registered in Pennsylvania in your name are insured: *Insurance ID card *Declaration page of Your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. TERM SUSPENSION/REVOCATION 1 LICENSE NO. 19903464 -You have a 1 YEAR(S) suspension/revocation that began (or will begin) on 04/03/01. Credit for serving this suspension/revoca- tion began (or will begin) on 04/09/01 and will end on 04/09/02. The suspension/revocation resulted from a violation on 06/25/00 of Section 3731, DRIVING UNDER INFLUENCE IGNITION INTERLOCK You are required to have an approved Ignition Interlock System installed in all of your vehicle(s). Approximately 30 days before your ELIGIBILITY DATE, you should contact one of the following approved vendors listed below to make arrangements to have the System installed. -Interlock Installation Services - 1-800-452-1739 -Consumer Safety Technology, Inc. - 1-877-777-5020 -National Interlock, Inc. (serving Eastern PA) - 1-866-342-4984 -American Court Services (serving Central/Western PA) - 1-888-565-6227 -Guardian Interlock Systems - 1-800-499-0994 -Draeger Interlock, Inc. - 1-800-385-8666 You will need to provide the vendor the following court, information before the System can be installed. COUNTY COURT NUMBER COURT TERM CUMBERLAND CTY 02111 2000 Please retain a copy of this letter to assist you in this process. If you choose not to install the Ignition Interlock System in your vehicle(s), your driving privilege will remain suspended for an additional year. IGNITION INTERLOCK LICENSE -In order to have your driving privilege restored you must apply for an Ignition Interlock license. An Ignition Interlock license entitles you to drive only vehicles equipped with an Ignition Interlock System. You may make application 30 days BEFORE your eligibility date. An application is enclosed for your convenience. 2 LICENSE NO. : 19903464 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for Your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents You send to PENNDOT. Thank You. P.S. REMEMBER, Your ELIGIBILITY DATE is 04/09/03. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM to 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TOO IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 3 LICENSE NO. : 19903464 IGNTION INTERLOCK LICENSE APPLICATION To apply for an Ignition Interlock License, please sign below and submit this page with a check or money order in the amount of $24.00 to the mailing address listed at the bottom of this letter. Your check or money order should be made payable to PENNDOT. DRIVER'S LICENSE NUMBER - 19903464 BRIAN P BAHN ............ 106 W LOCUST STREET MECHANICSBURG PA 17055 SIGNATURE TELEPHONE NO: If your address has changed, please print the correct address here: If you choose not to install an Ignition Interlock System, you do not have to apply for an Ignition Interlock License. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4 BRIAN P. BAHN, Appellant VS. COMMONWEALTH OF PA., DEPARTMENT OF TRANSP., BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rDAUG2 02-2239 CIVI L CIVIL ACTION - LAW ----- ORDER AND NOW, this / (o' day of August, 2002, after hearing, the appeal of Brian P. Bahn, is SUSTAINED to the extent that the requirement that all vehicles owned by him must be equipped with an ignition interlock system prior to the restoration of his driving privileges is STRICKEN. See Albert John Schneider v. Com, of Pa. Dept of Trans Bureau of Driver Licensing, No. 1513 C.D. 2001 (Pa.Cmmwth 2002). BY THE COURT, Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Timothy Prendergast, Legal Intern Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 9 Kevi A. Hess, J. TtrNE WP's FROM UD RD In 14d11" Orly Wh6r1.%1f' f hate Uf t.F $0 M; iwnd and, 1ha'will of said. -'O' ut" al £,arfi , 1a. Thvs--L4.?-day Dt. ? Brian P. Bahr, IN THE COURT OF COMMON PLEAS Petitioner OF CUMBERLAND COUNTY V. 02-2239 CIVIL Commonwealth of PA, CIVIL ACTION - LAW Department of Transportation, Bureau of Driver Licensing, Respondent CERTIFICATE OF SERVICE I hereby certify that on this date, I mailed a true copy of Motion to Vacate the Stay of the Department Pending Commonwealth Court Appeal to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office en r Harrisburg, PA 171 42 1 Date: Paul Bradfor rr Attorney for iti fT ? n (,v =D COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 BRIAN BARN, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 02-2239 Civil Term Notice of Appeal Notice is hereby given that the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that was filed in this matter on August 16, 2002. This order is from a statutory appeal and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P. 236. A copy of the docket entries are attached hereto. TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 BRIAN BARN, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 02-2239 Civil Term Request for Transcript A notice of appeal having been filed in this matter, the official court reporter is hereby requested to produce, certify and file the transcript in this matter in conformity with Pa. R.A.P. 1922. Prepare only the original for inclusion in the record as the Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the transcript. TERRANCE M. EDWARDS Assistant Counsel Appellate Section Riverside Office Center - Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 PYS510 Cumberland County Prothonotary's Office Page 7 Civil Case Inquiry 2002-02239 BAHN BRIAN P (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Filed........: 5/07/2002 Case Type.....: APPEAL - MISC Time..,......: 2:13 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info BAHN BRIAN P APPELLANT ORR PAUL BRADFORD 106 WEST LOCUST STREET MECHANICSBURG PA 17055 COMMONWEALTH OF PENNSYLVANIA APPELLEE DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVE LICENSING RIVERFRONT OFFICE CENTER HARRISBURG PA 17104 2516 ******************************************************************************** * Date Entries ******************************************************************************** 5/07/2002 PETITION FOR APPEAL FROM IMPOSITIONTOF IGNITION INTERLOCK REQUIREMENTS ---------------------------------------------- 5/09/2002 ORDER-OF-COURT---DATED-5/9/02---IN-RE-PETITION - FOR - APPEAL FROM I HELD ON MPOSITION OF IGNITION INTERLOCK REQUIREMENTS - HEARING SHALL BE COURTHOUSEI /CARLISLE1PA30 BY AM IN THECCOURTTFKEVTHE INCUMBERLAND COP ES COUNTY MAILED 5/9/02 8/16/2002 ORDER - DATED 8/16/02 - AFTER HEARING THE APPEAL OF BRIAN P HAHN IS SUSTAINED TO THE EXTENT THAT THE RE(?#?UIREMENT THAT ALL VEHICLES OWNED BY HIM MUST BE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEMS PRIOR TO THE RESTORATION OF HIS DRIVING PRIVIL GES IS STRICKEN - BY THE COURT KEVIN A HESS J COPIES MAILED 8/1902 ----------------------------------- --------------------- 8 29/2002 MOTION-TO-VACATE-THE-STAY-OF-THE-DEPARTMENT- PENDING COMMONWEALTH - - - COURT APPEAL - BY PAUL BRADFORD ORR ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal P*ymts/Ad' End Bal ******************************** ******** ****** ******************************* APPEAL MISC 35.00 35.00 .00 TAX ON APPEAL .50 .50 SETTLEMENT 5.00 5.00 ..00 00 JCP FEE 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the of said CoMrt at Pa. Th' Ada Prothonota COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION BY: TERRANCE M. EDWARDS ASSISTANT COUNSEL APPELLATE SECTION ATTORNEY IDENTIFICATION NO. 25231 RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 717 787-2830 BRIAN BAHN, } IN THE COURT OF COMMON PLEAS Appellee OF CUMBERLAND COUNTY, PA } VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, : Appellant } NO. 02-2239 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 Kevin A. Hess Court Reporter Paul Bradford Orr, Esquire Cumberland County Courthouse Cumberland County Courthouse Att. for Appellee Mitch 1 Courthouse Square 1 Courthouse Square 50 East High Street Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic Law Division Date: September 4, 2002 tz w W .6.q C G cs C yc c f J -c? r, _n t7J 'c BRIAN P. BARN, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2239 CIVIL TERM ORDER OF COURT AND NOW, this 9t' day of September, 2002, a rule is issued on the Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, to show cause why the relief requested in the within motion to reinstate driving privileges ought not to be granted. This rule returnable 10 days after service. BY THE COURT, -4- A Hess, J. /haul Bradford Orr, Esq. Attorney for Petitioner /George Kabusk, Esq. Attorney for Respondent des 20 J-Q BRIAN BARN, Appellee V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING, Appellant CIVIL ACTION - LAW G2-2239 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE Kevin A. Hess, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on August 15, 2002, in courtroom Number Four. APPEARANCES: Paul Orr, Esquire For the Appellee Timothy Prendergast, Esquire For the Appellant 1 THE COURT: Mr. Prendergast. 2 MR. PRENDERGAST: Good morning, Your Honor. 3 We're here in the case of Brian Bahn, operator's number 4 19903464. He resides at 106 West Locust Street in 5 Mechanicsburg, PA. 6 On April 16th the Department notified -- 7 mailed Mr. Bahn an Official Notice of Suspension as 8 authorized by 1532B of the Vehicle Code that as a result of 9 his February 20th, 2001, conviction violating Section 3731 10 of the Vehicle Code, Driving Under the Influence, on June 11 25th, 2000, that he was going to be under suspension for 12 one year. The suspension was to be effective April 3rd, 13 2001. 14 Additionally, the Department notified 15 Mr. Bahn that he would have to have an ignition interlock 16 requirement on his case. 17 At this time, Your Honor, we would like to 18 enter into evidence Department's Exhibit D-1, which 19 consists of Subexhibit 1, which is the official Notice of 20 Suspension dated and mailed April 16th, 2001, with the 21 suspension effective April 3rd, 2001; Subexhibit 2, which 22 is the Report of the Clerk of Court of Cumberland County 23 showing the conviction of February 21st, 2001; and 24 Subexhibit 3, which is the Certified Driving Record which 25 appears in the file of Defendant, Mr. Bahn, and it's 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operator's number 19903464, date of birth 3/7/63. At this time I would like to move to have this admitted into evidence. THE COURT: All right. Unless there's an objection. MR. ORR: No objection, Your Honor. THE COURT: We'll make it a part of the record. Okay. MR. PRENDERGAST: We realize that Schneider's out their, your Honor. THE COURT: Okay. The Supreme Court has taken the case, I gather? MR. PRENDERGAST: Yes. THE COURT: Okay. And so you're appealing from which -- from the order requiring him to have the interlock device installed? MR. ORR: That's correct, Your Honor. In essence Mr. Bahn has already done his initial one year suspension. When he realized that -- when he got his restoration letter they said unless you put an interlock in you'll need a second year. So we appealed from his restoration letter. We did also have a copy of the Order of Court that showed that he was not required to have the interlock imposed by the Honorable Judge Oler. THE COURT: Okay. Do you want to make 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that a part of the MR. MR. THE else? All right. in the case. record? ORR: Yes, Your Honor. PRENDERGAST: No objection. COURT: All right. Okay. Anything I suspect we'll enter the usual order MR. ORR: Thank you, Your Honor. MR. PRENDERGAST: Thank you, Your Honor. (Whereupon, the proceedings concluded at 10:39 a.m.) 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. ?• Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. p Da e a Z - A. Hess, J. Judicial District 5 Ye CFJ r C7 C-I r C- N) BRIAN P. BAHN, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA VS. : 02-2239 CIVIL COMMONWEALTH OF PA., DEPARTMENT OF TRANSP., CIVIL ACTION - LAW BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL ORDER AND NOW, September 16, 2002, in accordance with Rule 1925 of the Rules of Appellate Procedure, the appellant having filed a notice of appeal, he is directed to file of record, within fourteen (14) days hereof and serve upon the undersigned a concise statement of the matters complained of on the appeal. BY THE COURT, /Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Timothy Prendergast, Legal Intern Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Kevi. Hess, J. q-IL•a2 LRX-5 i f n J - 71AI pp !rt? !\jj? .1 f ` 1 ??tl 'j 4i 9i U1S r. I BRIAN P. BAHN, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-2239 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT DEPARTMENT'S RESPONSE TO PETITIONER'S MOTION TO VACATE THE STAY OF THE DEPARTMENT PENDING COMMONWEALTH COURT 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 April 16, 2001, the Department of Transportation, Bureau of Driver Licensing, notified Brian P. Bahn, O.L.N. 19903464, that as a result of his conviction on February 20, 2001 of a violation of Section 3731 of the Vehicle Code, relating to Driving Under the Influence of Alcohol or Drugs, on June 25, 2000, his driving privilege was being suspended for a period of one year. 2. The notice dated April 16, 2001, additionally notified the petitioner that as a result of his conviction of Driving Under the Influence of Alcohol or Drugs, he was required by law to have all vehicle(s) owned by him equipped with an approved ignition interlock system before his driving privilege can be restored and that if he failed to comply with this requirement, his driving privilege would remain suspended for an additional one year. 3. The petitioner filed an appeal of the above-mentioned matter in the Court of Common Pleas of Cumberland County. 4. A hearing was held in the above-mentioned matter. 5. This Honorable Court issued an Order dated August 16, 2002 in which the Court Sustained the appeal of the Ignition Interlock citing Schneider v. Department of Transportation, 790 A.2d 363 (Pa. Cmwlth. 2002). 6. The Appellate Courts in Commonwealth v. Etheredge, 794 A.2d 391 (Pa. Super. 2002) and Turner v. Department of Transportation, _ A.2d _ (Pa. Cmwlth. 2002), 43 C.D. 2002, filed August 23, 2002, have held the Ignition Interlock provision at 42 Pa.C.S. § 7002-7003 to be constitutional and have not followed Commonwealth v. Mockaitis, no. 00-1692, 54 Pa. D. & C. 4 h 115 which found the Ignition Interlock provision at 42 Pa.C.S. § 7002-7003 to be unconstitutional. 7. The Department filed an appeal on September 5, 2002 of this matter to the Commonwealth Court, docket number 2144 C.D. 2002. 8. The Department's appeal to the Commonwealth Court acts as a supersedeas in favor of the Department. Pa. R.A.P. 1736(b). 9. The Department established April 9, 2001, as the credit date for the petitioner's one year suspension imposed pursuant to Section 1532 of the Vehicle Code as a result of his conviction on February 20, 2001 of a violation of Section 3731 of the Vehicle Code, relating to Driving Under the Influence of Alcohol or Drugs, on June 25, 2000. 10. The petitioner was eligible on April 9, 2002 to obtain an Ignition Interlock Restricted Driver's License. I 1. In order for the petitioner to obtain an Ignition Interlock Restricted Driver's License the petitioner must comply with the Ignition Interlock requirement. 12. If the petitioner does not comply with the Ignition Interlock requirement his eligibility date for restoration of his driver's license is April 9, 2003. 13. The petitioner filed a Motion to Vacate the Stay of the imposition of Ignition Interlock requirement. 14. The Department neither concurs nor objects to the Petitioner's Motion to Vacate the Stay. Respectfully submitted, George . Kabusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center-3rd Floor 1101 South Front Street. Harrisburg, PA 17104-2516 (717) Date: September 18, 2002 787"2830 BRIAN P. BAHN, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-2239 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT VERIFICATION I verify that the statements made in the Department of Transportation's Response to Motion are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. George H. abusk Assistant Counsel Department of Transportation Riverfront Office Center-3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: September 18, 2002 (717) 787-2830 BRIAN P. BAHN, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-2239 COMMONWEALTH OF PENNSYLVANIA, ; DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Department of Transportation's Response to Motion upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 Date: September 18, 2002 6?rge H. abusk Assistant Counsel Department of Transportation Riverfront Office Center-3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 ?- f`J !.7 --, -- <,? _ r'? ?._ _ °; -? ?- _ ?, _ y :?. ( _ -{ U i LIRT OF COMP PESYI V ANIA -MBERLAND COUNT BRIAN APP 1 02-2239 CIVIL vs. ALTH OF 1) N.' . CIVIL ACTION 'LAW COMM ANT OF T"-119P NT DEPAR OF DRIVER DEPARTME BUREAU G THE I-ICE THE STAY OF ON TO VACATE >S N Appellee OTI ONWEALTH COURT APPEAL PETITIONER N10' PENDING' COM M of the within O? 2 consideration September, 2002, m #- day of Sep ondent reinstate his ? a uest t ht the xesp vacating AND r1OW, ti-as 'srey order etiti; to the COQ°nwealth court ?°f an ting driving and the ansWel filed theret( , the p motion er> s appea of xeinsta etition condition privileges pending p system as a to the driving p interlock reinsta of an igniti on is directed to aired installation of Driver Licensing the re4 and the Bureau of this order TBD t of a copy GRAN on receipt privileges) is effective up BY THE COURT, petitioner' s wing pxlvrleges . A. Hess, J gev 9? d?S ZO Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Timothy Prendergast, Legal Intern Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 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. NO. 30397 RIVERFRONT OFFICE CENTRE - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 BRIAN P. BAHN, } IN THE COURT OF COMMON PLEAS Appellee } OF CUMBERLAND COUNTY, PA VS. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 02-2239 CIVIL Statement of Matters Complained of on Appeal TO THE HONOURABLE, THE JUDGES OF THE SAID COURT: NOW COMES the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant, that, by and through its attorney, Timothy P. Wile, Esquire, in compliance with the requirements of Pa. R.A.P. 1925, hereby sets forth the matters about which it complains with respect to its appeal of this Court's order of August 16, 2002: 1. The trial court committed reversible error when it directed the Bureau of Driver Licensing to violate the clear and unambiguous mandate of 42 Pa.C.S. §7003 and restore the operating privilege of Appellee Balm without Appellee Bahr presenting to the Bureau a court certification that Appellee Balm has complied with the requirements of Pennsylvania's Ignition Interlock Law, 42 Pa.C.S. §§7001-7003, said compliance is required since the present suspension is Appellee Balm's second or subsequent DUI-related suspension. The prohibition against restoration of a repeat DUI offender's operating privilege absent a court certification of compliance with the Ignition Interlock Law is independent of the trial court's duty under 42 Pa.C.S. §7002(b) to order the applicability of the Ignition Interlock Law and the existence of such a court order is not a prerequisite to the prohibition placed by the General Assembly upon the Bureau in 42 Pa.C.S. §7003(1). The Bureau is aware of the Commonwealth Court's holdings in Turner v. Department of Transportation, Bureau of Driver Licensing, 2002 WL 1941314 (Pa. Cmwlth. 2002), and Schneider v. Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Cmwlth. 2002), which hold that only a court may order a driver's compliance with the Ignition Interlock Law under 42 Pa.C.S. §7002(b) and that the trial court in this case failed to order Appellee Balm's compliance with the Ignition Interlock Law. The Bureau respectfully submits that both the Turner and Schneider cases were wrongly decided by the Commonwealth Court and petitions for allowance of appeal are pending in both cases before the Pennsylvania Supreme Court and while the Commonwealth Court's decisions in Turner and Schneider are binding precedent on this Court, the Bureau respectfully submits that this precise issue of law has not yet been finally decided by the Pennsylvania Supreme Court. The Bureau further asserts that the exact same issue is presently before the Pennsylvania Supreme Court in the case of Probst v. Department of Transportation, Bureau of Driver Licensing, 81 MAP 2001, which case has been fully briefed and argued before the Pennsylvania Supreme Court. 2. The Pennsylvania Ignition Interlock Law is a constitutional exercise of the General Assembly's police power and is not violative of either the constitutional guarantees of equal protection of the laws or due process of law nor does the Ignition Interlock Law violate the constitutional principle of separation of powers. See Turner v. Department of Transportation, Bureau of Driver Licensing, 2002 WL 1941314 (Pa. Cmwlth. 2002); Commonwealth v. Etheredge, 794 A.2d 391 (Pa. Super. 2002). The Bureau further notes that the issue of the constitutionality of the Pennsylvania Ignition Interlock Law is presently before the Pennsylvania Supreme Court in the case of Commonwealth v. Mockaitis, 32 MAP 2001, which case has also been fully briefed and argued before the Supreme Court and is currently awaiting disposition by the Supreme Court. However, despite the pending appeal in Mockaitis, the decisions of the Commonwealth and Superior Courts, in Turner and Etheredge, are decisions of the intermediate appellate courts of this Commonwealth and are binding precedent upon the trial courts of the Commonwealth's unified judicial system, thus precluding a holding by a trial court that the Ignition Interlock is unconstitutional as violative of either equal protection, due process or a violation of the principle of separation of powers. Hunsicker v. Department of Transportation, Bureau of Driver Licensing, 657 A.2d 84 (Pa. Cmwlth. 1995). 3. 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 16, 2002. Respectfully submitted, ,1z P. W&O Timothy P. Wile Assistant Counsel In-Charge Appellate Section Vehicle & Traffic 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 APPELLATE SECTION ATTORNEY I.D. NO. 30397 RIVERFRONT OFFICE CENTRE - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 BRIAN P. BAHN, } IN THE COURT OF COMMON PLEAS Appellee } OF CUMBERLAND COUNTY, PA VS. } COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, } BUREAU OF DRIVER LICENSING, Appellant } NO. 02-2239 CIVIL 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 Kevin A. Hess Cumberland County Courthouse One Courthouse Square Paul Bradford Orr, Esquire Attorney for Appellee Bahn 50 East High Street Carlisle, PA 17013 Carlisle, PA 17013 TIM THY P. WILE Attorney for Department of Transportation Date: September 30, 2002 MFT; M n Irene M. Bizzoso Deputy Prothonotary Norina K. Blynn Chief Clerk TO: Mr. Curtis R. Long Prothonotary Supreme Court of Pennsylvania Middle District May 18, 2007 Certificate of Remittal/Remand of Record RE: Bahn v. PA Department of Transportation No-329 MAL 2003 Trial Court/Agency Dkt. Number: 02-2239 Civil Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 2144 CD 2002 P.O. Box 624 Harrisburg, PA 17108 717-787-6181 www.aopc.org 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 2 Parts March 9, 2007 1-Comm Cr „ Date of Remand of Record: ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Signature Printed Name /eez cc: Michael Krimmel Deputy Prothonotary/Chief Clerk Date 3 i ?.? - ? „ark F C :C II d 1 ? ilk 11 Lu"OZ 11:13 A.M. Supreme Court of Pennsylvania Allocatur Docket Sheet MGM Docket Number: 329 MAL 200,3.1:-,, Page 1 of 6 May 18, 2007 Brian Bahn, Respondent V. Commonweath of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Petitioner Initiating Document: Petition for Allowance of Appeal Case Status: Closed Journal Number: Date Listed Submitted: Case Category: Civil Case Type: Driver's License Suspension 5/18/2007 1055 11:13 A.M. Supreme Court of Pennsylvania Allocatur Docket Sheet Docket Number: 329 MAL 2003 Page 2 of 6 May 18, 2007 Consolidated Docket Nos.: Related Docket Nos.: 23 WAP 2001 Same Issue(s) Commonwealth, Aplt v. Ronald D. Emerick 49 MAP 2004 Similar Issues Foster v. Bureau of Driver Licensing, Aplt 745 MAL 2002 Similar Issues Turner v. Bureau of Driver Licensing, Pet 149 MAP 2002 Similar Issues Farling v. Bureau of Driver Licensing, Aplt 37 MAP 2003 Similar Issues Shannon v. Bur of Driver Licensing 159 MAL 2003 Similar Issues Watterson v. Bureau of Driver Licensing, Pet 220 MAL 2003 Similar Issues Dulisse, Jr. v. Bureau of Driver Licensing, Pet 248 MAL 2003 Similar Issues Stone v. PennDOT, Pet. 325 MAL 2003 Similar Issues Fiora, Pet v. Bureau of Driver Licensing 327 MAL 2003 Similar Issues Ford v. PA Department of Transportation 328 MAL 2003 Similar Issues Sloan v. Bureau of Driver Licensing, Pet 350 MAL 2003 Similar Issues Hess v. Bureau of Driver Licensing, Pet 588 MAL 2003 Similar Issues McGrory v. Bureau of Driver Licensing, Pet 658 MAL 2003 Similar Issues Richwine v. Bureau of Driver Licensing, Pet 659 MAL 2003 Similar Issues Reisinger, Jr. v. Bureau of Driver Licensing,,Pet 162 MAL 2004 Same Issue(s) Braund v. Bureau of Driver Licensing, Pet 209 MAL 2004 Similar Issues Fey, Pet v. Bureau of Driver Licensing 48 MAP 2005 Similar Issues McGrory v. Bureau of Driver Licensing, Aplt COUNSEL INFORMATION Attorney: Harold H. Cramer, Esq. Bar No.: 11183 Address: 1101 South Front Street 3rd Floor Harrisburg, PA 17104-2516 Phone No.: (717)787-2830 Fax No.: 5/18/2007 1055 11:13 A.M. Supreme Court of Pennsylvania Allocatur Docket Sheet _jjWL Docket Number: 329 MAL 2003 Page 3 of 6 May 18, 2007 Receive Mail: es Representing: Bureau of Driver Licensing, Petitioner Pro Se: No IFP Status: Attorney: Timothy P. Wile, Esq. Bar No.: 30397 Address: Riverfront Office Ctr. 3rd Fl. 1101 South Front St. Harrisburg, PA 17104-2516 Phone No.: (717)787-2830 Fax No.: Receive Mail: Yes Representing: Bureau of Driver Licensing, Petitioner Pro Se: No IFP Status: Attorney: Andrew S. Gordon, Esq. Bar No.: 26542 Address: Riverfront Office Center 1101 S. Front Street, 3rd Fl. Harrisburg, PA 17104-2516 Phone No.: (717)787-2830 Fax No.: Receive Mail: Yes Representing: Bureau of Driver Licensing, Petitioner Pro Se: No IFP Status: Attorney: Paul Bradford Orr, Esq. Bar No.: 71786 Law Offices of Paul Orr Address: 50 E High Street Carlisle, PA 17013 Phone No.: (717)258-8558 Fax No.: (717)258-5289 Receive Mail: Yes Representing: Brian Bahn, Respondent Pro Se: No IFP Status: SUPREME COURT INFORMATION Appeal From: Notice of Appeal Filed Below: Probable Jurisdiction Noted: Allocatur Grant Date: Allocatur Grant Order: Docketed Date: May 13, 2003 Allocatur Docket No.: FEE INFORMATION 5/18/2007 1055 11:13 A.M. Supreme Court of Pennsylvania Allocatur Docket Sheet Docket Number: 329 MAL 2003 Page 4 of 6 May 18, 2007 Paid Fee Date Fee Name Reason Waived Fee Amt Amount Receipt Number 5/9/03 Petition for Allowance of 60.00 60.00 2003SUPM000523 Appeal Filed INTERMEDIATE APPELLATE COURT INFORMATION Court Name: Commonwealth Docket Number: 2144 CD 2002 Date of Order: April 11, 2003 Reargument Denied: Judge(s): Leavitt, M. Hannah Mirarchi Jr., Charles P. Smith-Ribner, Doris A. Intermediate Appellate Court Action: Affirmed. Referring Court: TRIAL COURVAGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas Lower Court Docket Number: 02-2239 Civil County: Cumberland Division: Civil Date of Trial Court/Agency Order: August 16, 2002 OTN: Order Type: Order Judge: Hess, Kevin A., Judge ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description 2 Parts March 9, 2007 1-Comm Crt/1-CCP Record Remittal: BRIEFS REARGUMENT/RECONSIDERATION REMITTAL Reargument/Reconsideration Filed Date: Reargument Disposition: Date: Reargument Order: Record Remitted: SESSION INFORMATION Consideration Type: Date Listed/Submitted: 5/18/2007 1055 11:13 A.M. Supreme Court of Pennsylvania Allocatur Docket Sheet Docket Number: 329 MAL 2003 Page 5 of 6 May 18, 2007 DISPOSITION INFORMATION Related Journal Number: Judgment Date: May 1, 2007 Disposition Category: Decided Disposition Author: Per Curiam Disposition: PAA Granted - Summary Disposition Date: May 1, 2007 Disposition Dispositional Filing: Author: Filed Date: DOCKET ENTRIES Filed Date Docket Entry/ Document Name Party Type Filed By May 09, 2003 Petition for Allowance of Appeal Filed Petitioner Bureau of Driver Licensing Comments: 05-09-03 - Served via 1 st class mail. May 09, 2003 Reproduced Record Filed Petitioner Bureau of Driver Licensing---- May 28, 2003 Untimely No Brief in Opposition Received Respondent Bahn, Brian Comments: 05-28-03 - No BIO Letter returned as untimely. July 08, 2003 Order Holding Petition for Allowance of Appeal Per Curiam Comments: "AND NOW, this 8th day of July, 2003, the Petition for Allowance of Appeal is hereby HELD pending resolution of the appeal in Schneider v. Com. of Penn., Dep't of Transp., Bureau of Driver Licensing, No. 80 MAL 2002." PC July 08, 2003 Order Exited Office of the Prothonotary April 13, 2004 Order Holding Petition for Allowance of Appeal Per Curiam Comments: "AND NOW, this 13th day of April, 2004, the Petition for Allowance of Appeal is hereby HELD pending the disposition of Foster v. Dept. of Transportation, Bureau of Driver Licensing, 656 MAL 2003, 49 MAP` 2004." PC April 13, 2004 Order Exited Office of the Prothonotary February 17, 2005 Order Holding Petition for Allowance of Appeal Per Curiam - Comments: "AND NOW this 17th day of February, 2005, the Petition for Allowance of Appeal is hereby HELD pending the disposition of Alexander v. Commonwealth of Pennsylvania, Dept. of Transportation, Bureau 4f Driver Licensing, 51 MAP 2004." February 17, 2005 Order Exited Office of the Prothonotary 5/18/2007 1055 11:13 A.M. Supreme Court of Pennsylvania Allocatur Docket Sheet Docket Number: 329 MAL 2003 Page 6 of 6 May 18, 2007 June 15, 2005 Order Exited Office of the Prothonotary' March 09, 2007 Commonwealth Ct. Record Received Office of the ProthonotaryMay. 01, 2007 PAA Granted - Summary Disposition Per Curiam Comments: "The Petition for Allowance of Appeal is GRANTED limited to the issue of whether petitioner possessed independent authority to impose the interlock requirement. The Order of the Commonwealth Court is REVERSED pursuant to McGrory v. PennDOT, 915 A.2d 1115 (Pa. 2007). Jurisdiction relinquished." May 01, 2007 Judgment Entered Office of the Prothonotary May 18, 2007 Notice of Disposition Sheet Exited Office of the Prothonotary Cross Court Actions Docket Number: 2144 CD 2002 5/18/2007 1055 .M Supreme Court of Pennsylvania Irene M. Bizzoso Middle District P.O. Box 624 Deputy Prothonotary Harrisbum, PA 17108 Norina K. Wpm May 1, 2007 717-787-6181 Chief Clerk wwwaopc.org Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Brian Bahn, Respondent V. Commonweath of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Petitioner Commonwealth Docket Number - 2144 CD 2002 Trial Court/Agency Dkt. Number: 02-2239 Civil No. 329 MAL 2003 Appeal Docket No.: Date Petition for Allowance of Appeal Filed: May 9, 2003 Disposition: PAA Granted - Summary Disposition Date: May 1, 2007 Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /eez A 0 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT BRIAN P. BARN, Respondent V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Petitioner : No. 329 MAL 2003 Petition for Allowance of Appeal from the Order of the Commonwealth Court entered April 11, 2003 at No. 2144 CD 2002, affirming the Order of the Court of Common Pleas of Cumberland County entered August 16, 2002 at No. 02-2239 Civil. ORDER PER CURIAM DECIDED: May 1, 2007 The Petition for Allowance of Appeal is GRANTED limited to the issue of whether petitioner possessed independent authority to impose the interlock requirement. The Order of the Commonwealth Court is REVERSED pursuant to McGrory v. PennDOT, 915 A.2d 1115 (Pa. 2007). Jurisdiction relinquished. JUDGMENT ENTERED: May 1, 2. 07 o ' a K. Blynn, ief Clerk