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Home My WebLink About02-2354MICHELLE ANNE SHRIVER Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O& ~ ~S//t ~t~,~c~tl..r~ CIVIL ACTION - LAW : APPEAL FROM LICENSE SUSPENSION PETITION FROM APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES AND NOW comes the Petitioner, Michelle Anne Shriver, by and through her attorneys, CALDWELL & KEARNS, and files the within Petition from Appeal from Suspension of Driving Privileges, and in support thereof avers the following: 1. Petitioner is an adult individual who resides at 200 West Main Street, 2nd Floor Rear, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Your Petitioner is licensed as a motor vehicle operator by the Commonwealth of Pennsylvania, Department of Transportation, License No. 21817045. 3. By official notice dated April 17, 2002, your Petitioner received notification from the Commonwealth of Pennsylvania, Department of Transportation, that her driving privileges were to be suspended for a period of one (1) year effective April 2, 2002. 4. The suspension was based upon a conviction for driving under the influence on February 19, 2002. 5. The notice also indicated that before the Petitioner's operating privileges can be restored, all vehicles owned by the Petitioner must be equipped with an Ignition Interlock System. 6. PennDOT lacks statutory authority to impose the Ignition Interlock System requirement without a court order from this Honorable Court. 7. This Honorable Court has not ordered that the Petitioner must install an Ignition Interlock System on all vehicles that she owns. 8. The Statute (Act 63 of 2000) authorizing the court to impose an Ignition Interlock requirement on all vehicles owned by the Petitioner is unconstitutional under the Pennsylvania and United States Constitution. 9. This Honorable Court in Commonwealth v. Mockaitis, 50 Cumb. 184 (2001) held that Act 63 of 2000 is unconstitutional. WHEREFORE, your Petitioner prays this Honorable Court to enter an Order in the above- captioned matter directing PennDOT to restore the Petitioner's operating privileges upon payment of the restoration fee, and removing the requirement that the Petitioner must install an Ignition Interlock requirement on all vehicles she owns. Respectfully submitted, CALDWELL & KEARNS Dated: l~~sico, Esquire At~'ffiey ID# 69804 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Petitioner CERTIFICATE OF SERVICE AND NOW, this ~7 day of May 2002, I hereby certify that I have served a time- stamped copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Han'isburg, Pennsylvania, postage prepaid, postage prepaid, certified, return-receipt requested, addressed to: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 CALDWELL & KEARNS MICHELLE A. SHRIVER V. COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION : NO. 2002-2354 CIVIL TERM ORDER OF COURT AND NOW, this .16TM day of MAY, 2002, a Rule is issued upon the Commonwealth of Pa. Dept. of Transportation to Show Cause why the requested relief should not be granted. Rule returnable at a hearing before this Court on MONDAY SEPTEMBER 23 2002, at 9:15 a.m. Douglas K. Marsieo, Esquire 3631 North From Street Harrisburg, Pa. 17110 For the Petitioner George Kabusk, Esquire Riverfront Office Center 1101 South From Street Harrisburg, Pa. 17104 For the Dept. of Transportation Guido, J :sld MICHELLE ANNE SHRIVER Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2002-2354 : : CIVIL ACTION - LAW : APPEAL FROM LICENSE SUSPENSION ORDER AND NOW, this ~k~ay of September, 2002, the heating in the above-referenced matter is continued at the request of Petitioner until Friday, I~o['~., 2002, at ~:~ ~1~ .M. Edward E. Guido, Judge 01-689/45749 CARL G. WASS JAMES R. CLIPPINGER CHARLES J. D£HART, III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH STANLEY J, A. LABKOWSKI JEFFREY T, McGUlR£' DOUGLAS K. MAR$1CO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI CALDWELL & KEARNS A PROFESBIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA I?110-1S33 September 19, 2002 VIA FACSIMILE AND REGULAR U.S. MAIL OF COUNSEL RICHARD L. KEARNS thefirmQcaldwellkearns.com The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re' Michelle Shriver v. PennDOT, 2002-2354 Civil Term and Richard Zeffv. PennDOT, 02-2381 Civil Term Dear Judge Guido: The above-referenced Appeals from License Suspensions are scheduled for September 23, 2002. Because of a scheduling conflict, I am requesting that the Shriver matter be rescheduled for October 18, 2002. It is my understanding through your secretary that you are hearing License Suspension Appeals on that particular day. I have spoken with George Kabusk, counsel for PennDOT, and he has no objection to my request. I have enclosed an Order for your signature rescheduling the Shriver v. PennDOT matter for October 18, 2002. I thank you in advance for your understanding and cooperation. I did not enclose an Order regarding the Richard Zeff appeal. Mr. Zeff's underlying conviction has been overturned. It is my understanding that PennDOT has administratively rescinded the original suspension. Accordingly, I am filing a Praecipe to withdraw Mr. Zeff's Appeal. Should you have any questions, please contact me. Very truly yours, Ddfi'glas K. Marsico CALDWELL & KEARNS DKM/dp CC: George Kabusk, Esquire Enclosures 01-689/02/307/45747 MICHELLE ANNE SHRIVER, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNT¥, PENNSYLVANIA : V. : : COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: 02-2354 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of November, 2002, after hearing, the petitioner's appeal is sustained in part and denied in part. It is sustained in that we vacate the requirement that petitioner must install an ignition interlock device as a pre-condition to the restoration of his operating privileges. This action is based upon the case of Schneider versus Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing, 790 A.2nd 363. The Department's action in suspending petitioner's operating privilege for one year is sustained, and the appeal is dismissed in that regard. By the Court, /Douglas K. Marsico, Esquire For the Petitioner George Kabusk, Esquire For the Respondent it MICHELLE ANNE SHRIVER Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2354 CIVIL TERM CIVIL ACTION - LAW IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., January 3 ,2003 On February 19, 2002, petitioner was convicted of driving under the influence! in the Court of Common Pleas of Cumberland County. As a result of said conviction, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) suspended her operating privileges. Since it was a second or subsequent offense, PennDOT directed that an ignition interlock device be installed on all vehicles owned by petitioner as a precondition to the restoration of her operating privileges.2 Petitioner objected to the requirement that she install the ignition interlock devices. We sustained her objection and PennDOT has appealed. When the defendant was sentenced on the underlying driving under the influence conviction, the judge did not order the installation of any ignition interlock devices. The parties agreed that the case of Schneider v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 790 A.2d 363 (Pa. Commonwealth 2002) 75 Pa. C.S.A. § 3731 See Ignition Interlock Device Act (42 Pa. C.S.A. §§ 7001-7003). is controlling. Based upon the Schneider case, we felt compelled to vacate that portion of PennDOT's action which required the installation of ignition interlock devices as a precondition to the restoration of petitioner's operating privileges. DATE Edward E. Guido, J. Douglas K. Marsico, Esquire For the Appellee Terrance M. Edwards, Esquire For the Appellant :sld 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 MICHELLE ANNE SHRIVER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-.2354 Civil Term Notice of Appeal Notice is hereby given that thc Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, hereby appeals to the Commonwealth Cc,urt of Pennsylvania from the order that was filed in this matter on November 25, 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 thc 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 MICHELLE ANNE SHRIVER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DR1VER LICENSING, Appellant IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-2354 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 · PYS~10 Page 1 2002-02354 Cumberland County Prothonotary's Office Civil Case Inquiry SHRIVER MICHELLE ANNE (rs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Ca~e Type ..... : APPEAL - LICENSE SUSP Judgment ....... 00 Judge Assigned: Disposed Desc.: ............ Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2.: 5/13/2002 3:42 0/o0/0000 o/00/o000 APPELLANT APPELLEE Attorney Info MARSICO DOUGLAS K General Index SHRIVER MICHELLE ANNE 200 WEST MAIN STREET 2ND FLOOR REAR MECFIANICSBURG PA 17055 PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FL RIVERFRONT OFFICE CT HARRISBURG PA 17104 * Date Entries * 5/13/2002 5/16/2002 9/23/2002 12/02/2002 ............. FIRST ENTRY - ........... APPEAL FROM SUSPENSION OF DRIVERS LICENSE A HEARING ON MONDAY 09-23-02 AT 9:15 AH - BY THE COURT EDWARD E GUIDO ORDER - DATED 9/23/02 -.TH~ HEARING IS CONTINUED AT THE REQUEST OF THE PETITIONER UNTIL 11/25/02 AT 11:00 AM - BY THE COURT EDWARD E GUIDO J COPIES MAILED COPIES MAILED 12-02-02 .............. LAST ENTRY - ............. * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * APPEAL LIC SUSP 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCPFEE 5.00 5.00 .00 ...... ....... ............. .00 ******************************************************************************** * End of Case Information . TRUE COPY FROM RECORD Te~ir:~f,, whe~'~ot ! h~m unt~ set my hand COMMONWEALTH OF PENNSYLVANIA DEPARTMENT O F TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW D1VISION 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 MICHELLE ANNE SHRIVER, Appellee VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-2354 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 thc persons and in the manner indicated b¢low, which service satisfies thc requirements of Pa. R.A.P. 121: First Class Mail; Postage Pre-Paid; Addressed as Follows:: Judge Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Douglas K. Marsico, Esquire Att. for Appellee Shriver 3631 North Front Street Harrisburg, PA 17110 DANA M. BRESSLER Appellate Paralegal for Vehicle & Traffic/,aw Division Date: December i0, 2002