HomeMy WebLinkAbout94-03562
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III Itll.' l'llllll llf l 'nlllI1UllI 1'!L'IlS in nud fill' suid
('mllll~. d.1 lu.'n.'hy c~nify thnl till' fur~goinl!. l~ II
filII, II Ill' HIIlI CllIlt:l't l'Op)' tit" lhl' wlllll.... n.~tnd ofth....
l'lI~l' Iht:rdll ,tilll',1. wher....in
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"l:UC;! \,I~ 1,_"-,--Ji<u l'-"'1.l11~t_____ ,
No. 3970 C.O. ll)')<\
Ill'kndant .._...._. as the same n:nHlill' tJl f'l'cunJ
hl,'l't1rl.' Ihe ~aid Court al No. ...21=.J~)JJ7____ Ill'
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hCfl.'Ullhl ~I.'t Ill~' tWIIJ nnd alli.'u'u thl.' ~clll of ,aid Cllurt
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111 lFSTlMONY Wfll'.IU:OF, I have
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I, _.___,..JJ';!I:n!r,I_E. _~IJ!.',.;Jy_". I'le,id"l1t Jlldge "I' Ihe __ .~illth __,.._" ____
JlId;~ial l)i~tril:1. l'nnlrh)~l'll l.lf I hI..' ('Olll\ty 01 Cuml1l'/'lalul. dll ..:crtify thilt . !,!r'!(I:_(.llt~(...... r:~_._..~'t(: U:~r:..
_ Pg1.rJ.!Qn.v!i![Y_.._ _..m._"~' _ _ ..__... h~' wllllll1 thL' ;Ulncxl~d ll:t:l)nl. cc.:rtificatc und
;Jtlc~tation wc.:n: l1Wdl' and gi\'<':I1. lllld \vlJt), in hi., 0\\'11 propl..'1 handwri!illp.. tIH:n:ulllll suhsl.:rihi.:d his name
illlJ :I11i.\l'd the.: ~l'al 01 I IIi.: ('Illlrt ul Cllfllll10f1 Pll'a, of ...aid ('tHIIlI). \\0:1.... at thl.' time: l)r~\)dllil\g. ilnd nllW is
Prl'lllllllot:uy In alld for said t'llllllt~ nl .. .(~ullllJ!::.t-ldnd..._.. ._~..__.. ._r_' 111
thl.' ('nlllrllOllWl'allh d! PL'lI11syh ill1ia. duly l'unlllli"~lil)'ll'd;l nd qIJillifil,'d to:t \I or whosl.' ;Il,'ls iI,> sudl full faith
and l'I'l.'dit arc and ought tllllL' FIH'II liS wl.'ll ill ('nuns ofjlldil::.I111r~' a... ,,'!'it'W I Il'n...' , .Iud th,\t lhl! !'taid rCi.:ord,
(':l.'rttfil';\tL' and ;ltll'~Lali\ll1 a 1'1.' ill du>: lllrlll olla\\- alld 1ll.lIk h~ the pr\lrl'!' offi..:l',f
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I'r,:~,dcnt .Iudt,lc
('OlllllhHlwt:alth <Jf I'l.'nI\"~-I\'ania
County of CumhL',l.llld
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I. _____~.J..:.Q!!I.Q_q~.:~..y!__V:lgJ..~g.r::.... ...__h__ ,n' _._, Prtlthlllllltar~ of the Court of ('omOlon Plea.' in
ilUU for the: l'IaiJ CO\lll{~, do l.'crtily that thl' 1Ilflwrabk ..... ._ l'-cJr~Ll.stj::.._l~~.tl~!l.l.Y._._~..._ .___._....
by whom thl.' forcgoinlt alll'~tatic)l\ "ilS Illi.ldc. alld who has thl.'rcunto suhscribed Iw~ naml.', was, at tht: time
of making thcl"l.'ol. and ..till;, PrL'~itll.'lIt Jud!ll.' 01 Illl'(.'OUrlllf('lltllllltHlI}\cas, Orphan' Court nnd Court of
()u:\I"tcr Scssiorls Ill' Iltl' Pl.';\("1! in ;IrHI fill' '\,ud ('Olll1t\', tlllly <- 'ornrni!o.siorll'd and llualiried; tn all whose act:\
;t'i Slll:h full faith and l,'reJlt arc and ought (0 hl' gin'lI, ;l'l wl'll in Comh of judiclIlllrl.' as elsewhere.
IN IESTIMO!"Y WIII'RI'OI', I I",,,, liele""I"
Sl' Itl\' hand lU~l affi.\c.'d till' 'ic.'.d of ~aid ('ollrt thi'\
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in thl' (.\Hnmllllwc~llth 01 1~1~llIJsylvanm
to Nu,
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COpy Of . _ _,_. .^l'l")~'nlry'" ....,.. IlOCI\H FNIRY
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1ll':PMl'I'MEN'(' OF '1'llANn I'OIl'l'NI' LON
COMMONWI':AI.'!'H Clio' PENN:.YI,VAN I A
V~l.
MICHAI':I. .I. WJo:lmIAUP'\'
o
~Jl1nc 30, IC}<)4, [1('til inn 1'1'1' ^ppl.'dl ol I,j('('ll::;t ~;u~;p:~n:-;l')n, l;il(.'(1.
.July ~), PJ94, fll'der,. 11{ l'ourl, li.l,'d.
^N!l N\..'W, t-tdB 'jll1ll.\',' nl' .llll'l, ]1.11),1, \lp:11I pr(~fH~n1:dtiun .md c(Jn~idera-
tJoll of tIll.; v.:ithJn IJptit inn Inl ^ppco'll l,'nm I,i.("(~m-;i(! ~;u:'.;p(:-n~;ion, i1 rll~ilrinq
is sot. l.OI' tl\t~ ~)lld tl."lY I)l ~-;I"plf'lllly,,'J, 1'."),1, .11 9:0n il.lIl. in ('ou.r.tnKul No.5
of Ull.' ~:lln\hl.'r'l,llld l"lUf\ly 1,.'()\Jl'tl'irHISI~.
l'UH'J'lll',I~ I t hl~ llJo lun \',::h i c 1 (' 1 i ('I '11~H'
rx~ndinq tl\(~ di:-op-l!'iHioll or I:l1i:, <Ir\~x~,ll
Ily I hc'
~icpt.. l~), 1')(}4, On,k:-r (Jf Court, tilf(j.
AND l\(~~, l'hL:; )nd d,lY l)f ~;"pt.L'l1ItJ(ll, l'I'_ll~, lIP,)1l t'l/[l:;idc!',j! 1011 nF tile
Pl~t.L\'.i('ill For i\pp::,~lI ur I it:,--'m;(l ~;llSr)('ll:;i\'l11 dlld Cnlhl\\'ifllj d h:.11 itl~', lh0
p('t:j tinll l.'t.lr~ ^r.l\JI.!dl is d....'!l icd, illK1 tilt! n-"~n(:'-l~ ion '\1I:1.l('1" the Ildhilu.:i.l,
Of tenner St,-lt,uj'_C! illlr-'JH(~d hy U\Q r,"~p.-:Jrlll\l'nl (ll Tr.illHl[X1l-LoIl.ioll l}).' notice
<1ato:l MdY 2(J, lQr)t1, hj ;lffi.nncd.
B'! ttll~ O)llrl', .1. Wcsll,~y Oler, ,fr., J.
oct. 3, 1<)94, Net ivc of I\ppe.'J1., J:Tl(>(I,
NnJ:i.ce is !Jereby 'liven t'hill Hidl.'!<<l ,J. vlcl Sl1dUpJ:. , I\Jlrxdl"nlc, hereby
nppc.:d.s tu t.he ~;i1rx~r.i.or Cn\lr"t ()f Jl,~nllsy.1v,miil fran I'he {)n:1cT.' entered in
I'his nlilth:t: (In l'I1(~ l~)th d'::IY nf ~il.'ptl...'llItk~r, I')fltl. Thi.n Or-dl!f till:"; h(~en cntcr':x
in the dnCV,l~L <lS cvidt?nced lJY th(' dU'dChcr! C:ClPY of j'h8 dor.l~et r"ntry.
l~y: C;re~lory ndrhm l'.b(:,lll, 1-'00.
Oct. 4, 19114, Order c)f Crll_1J:"t, Ciled.
I\NI1 N(J.tl, tilLs Jrd !.IllY nl:' Ot:h\l)I.:r, 11)1),1, UP-\ll rcqll(~bt uf C()lHlSel for
ttle ^ppcLliiOt. in t.he ilhuV0-Cl.II.11 i()["J('d (It~t:b'J/l,
[']' IS lIEI~EnY orml':IWIJ tlk.1: \"t,,, IK'i1I:in,! nl' Seplcml)('r /, 1')~4, be I:nms-
cribec1 v;i t:h costs 1",(1 b(~ tK}nlt~ by tl10 ^pp<..' LJ dlll:.
ny tlH~ 0111rt, ,1. ltlcsJ.ey nl.(~r, .Jr., ..1.
Oct. 17., 1994, Order 111' ('ourl, I'i I,,,!.
i\Nll ~:(1tJ, ll1is .lIth d':IY ul: c;('l()hcr, JI)lJ,l, UPUll cunsidcrdt.ion of th8
f'loth:(~ 1)1: l\prx~lJl l:U(~d ill Ul" dl!()\'(~-('dpl ifl!\Ct! 1!I.I~lt:'t-, ^ppc~U<1nt is DTHC:C'l'ED
pur:'I!lt"1nl \:1) Pd. H.^.P. llJ2r.l( b), 1 (.' r i 1 t" \)f f'l'('rw(l i J) t.h h; (\ )urt "mei h)
f';('rve IIp..11 f'rk,' l1nder~,itJll('(1 jlldql' ,I "tHU'jh':\ ~i\,lIl'(lIl"llr 01 Mdll:('r:-; Crinpltiin(!d
I)f on ^n'Y'dl. nIl I.aler I r"lfl I~ d,lY~l ~lrtC'r. "1111'1' nr lid:,; ()nh'l'.
Hy t' hI..' r'l 1111--'" I ,i. ~";(':; II"! (j I (' r, ,I r., ,I.
~ill~iL'ri, r ('l)llrl III P^ ill! ii'i,ll r)J('kl,l IIhl)') IIB(; 'llJIJ.I, ,l::~iiqn('d
::~ldl(,l1ll'!d ol Mil! I('r:; (\~llpl'lilll'd '11' (Jll /\Pl)f'dl, ti Ipd.
'l'r,m:;(.Tip!, I'il,,(l. III I~(': t i{'pn~;f' ~;II~;))'Il:iinn ^rlr,C,11
';f.ly('>(l
~:Il:-;IY rl~;i.m ~.n r-tli:; I'iH-:e ;~;
h',ll illl'.
( 'I \11 L't, ,r. WC~:;; \ t~y 01 (' r, .) r., .J.
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Commonwealth 01' Penr"ylvania
('OUlllY of ('urnb<lland
\ ~,:
I, Lawrence E. Welker_,prolhonolary
of Ihe Courl of Common Pl<a. in and for said
Counly, do herehy eerlify Ihal Ihe foregoing is a
full,lrue and eorreel copy ofthe whole record oflhe
case Iherein slaled. wherein
Department of Transoortat.lon:
Cmmonwealth of Pem/sylvania
Plainliff, and
Michael .J. Weishaupt
3018
No. ~ C.D. 1994
Defendanl __. as Ihe same remains of record
before Ihe .aid ('ourl at No, 94-3562 of
CJvil Term. A.D, 19_.
hereunto set my hand aM arn~ed Ihe seal of said Court
day f A, D.. 19
In TESTIMONY WHEREOt'. I have
this Tenth
I)rtuhllnlllllr)'
I. Harold E. Sheely I'resident Judge of lhe Ninth
Judicial Dislriet. composed of Ihe ('ounly of Cumberland. do cerlify Ihllt Lawrence E. Welker..
Prothonoj;;;lrv . by whom the anne~ed record, eerlificale and
altestalion were made and given, and who, in his own proper handwriting. thereunlO subscribed his name
and arn~ed Ihe seal of Ihe ('ourlof ('ommon Pleas of said ('ounIY. was, allhe time ofsodoing. and now is
Prolhonolary in and for said ('ounly of ClllTlhPJ::lflnd in
the Commonwealth of Pennsylvania. duly eommi"ioned and qualified 10 all of whose aCI..osuch full failh
and credit are and ought to be given liS well in Courts of jodicalure as el.ewhere. and Ihallhe said record.
certifieale and altestation arc in due form of law and mi'd1 by Ihe propey ,omcJ. / .
t j c<.. ",,( ( L L l.t..-/
[
I)n:!lidcnt .ludtlc
Commonwcalth of Pennsylvania
('ounty of Cumberland
} ss:
I. Lawrence E. Welker . Prothonotary of the Courl of Common Pleas in
and for Ihe said Counly, do ccrtify Ihat Ihe Honorable H3ro)d E. Sheely
by whom the foregoing atteslation was made, and who has thereunlo subscribed his name. was. allhelime
of making Iber<'of. and slill is Pre.ident Judge of Ihe ('ourt of ('ommon Pleas, Orphan' Courl and ('ourl of
Quarter Se,,;ons of Ihe PClIee in and for said County. duly ('ommi"ioned and qualified; 10 all who.e acls
as such full faith and credit arc and ougbt to he given, as well in Courl. of judicature as elsewhere,
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Amonll the Reeord~ and I'roeccdlnll' enrolled In the court of Common Plca~ in and for the
county of
Cunherland
No. 3078 C.D. 1994
94-3562 Civil Term
Term, 19
I. c"ntained the followinll:
in Ihe Commonwealth of Penn~ylvania
10 No,
COpy OF
Appearance
DOCKET ENTRY
DEPARTMENT OF TRANSPORTATION
COMMONWEALTH OF PENNSYLVANIA
V5.
MICHAEL J. WEISHAUPT
8
June 3D, 1994, Petition for Appeal of License Suspension, filed.
July '5. 1994, Order of Court, fUed.
AND NON, this 5th day of July, 1994, upon presentation and considera-
tion of the within Petition for Appeal Fran License suspension, a hearing
is set for the 2nd day of September, 1994, at 9:00 a.m. in Courtroom No. 5
of the Cumberland County Courthouse.
FURnJER, the rrotor vehicle license sUBp''?mlion in thi.B case i B al ayec!
pending the disposition of this appeal hearing.
By the Court, J. Wesley Oler, Jr., J.
Sept. 15, 1994. Order of Court, filed.
AND NON, this 2nd day of September, 1994, upon consideration of the
Petition For Appeal of License Suspension, and following a hearIng, the
Petition For Appeal is denied, and the revocation under the Habitual
Offender Statute imposed by the Depart.ment of Transportation by notice
dated May 26, 1994, is affirmed.
By the Court, J. Wesley Oler, Jr., J.
Oct. 3, 1994 , Notive of Appeal, filed.
Notice is hereby given that Michael J. Weishaupt, Appellant, hereby
appeals to the Superior Court of Pennsylvania from the Order entered in
this matter on the 15th day of September, 1994. This Order has been enter
in the docket as evidenced by the at tached copy of the docket entry.
By: Gregory Barton Abel n, Esq.
Oct. 4, 1994, Order of Court, filed.
AND NON, this 3rd day of October, 1994, upon request of counsel for
the Appellant in the above-captioned action,
IT IS HEREBY ORDERED that the hearing of September 2, 1994, be trans-
cribed with costs to be borne by the Appell ant.
By the Court, J. Wesley Oler, Jr., J.
Oct. 12. 1994, Order of Court, filed.
AND NON, this 11th day of October, 1994, upon conRiderat.i.on of the
Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED
pursuant to Pa. R.I\.P. 1925(b), to file of record In this Court and to
serve upon the undersigned iudge a concise Statement of Matters Ccmp.laJned
of on Appeal no later than 14 days after entry of this Order.
By the Court, J. Wesley Oler, Jr.. .1.
superior Court of PI\ Officii'll [k)cket H655 HBG 1994, assigned
Statement of Matters Canplained of on Appeal, filed.
Transcript, flied. In Re: LlcenBE! SUBpenslon Appeal
Oct.
Oct.
Oct.
21,
25,
27,
1994,
1994,
1994,
(over)
,,...,,
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6. The ba.l. for Ihe .u.pen.lon leller fro. Ihe Deparl.enl
of l'un,pOrlallon I. nollllcilllon 01 Appellatll belna placed In lhe
Habllual Offender :Slalus. pursuilnl 10 I) l'a,C.:S.A. 11HZ (0), 01
Ihe Vehicle Code.
7 .
Habllual Offender .lalUs require.
Ihree (3) .alor
I
.Ialulory vlolallons wllhln a five (5) year period.
8. Appellanl hal only received one (1) .alor violation
wllhln a five (5) year period, and Ihe basis for Ihe su.pen.ion
leller I. Iherefore Invalid.
'/IHEREFORE, Appellant requesl Ihls Honorable Court 10 .el a
II.e for a hearlnl on Ihe prlorllY 01 Appellanl's
II cenle
suspension and I..edlalely Slay I.he I.poslllon of his license
suspension pendlnl Ihe resull of said hearlnl.
Respeclfully sub.illed,
::~~F~
Grelory 8, Abein, Esquire
Allorney for Appellanl
ZZ '/Iesl Pomfret :Slreel
Carllsie, I'A 1'1013
11/1 l45-Z11H
,,,,",,,
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941399283801819
Your driving privilege will not be restored until YOU
provide proof to the Department that all motor vehicles reg-
istered in your naffie aro covored by ~ motor vehicle liability
insurance policy or a program of self insurance approved by
the Department. This insurance information will onlY be ac-
cepted within 30 days of the the eligibility date of the
restoration of your driving privilege.
You have the right to appeal to the Court of Common Pleas of
the county of your residence within 30 days of the mail date
(1-:..... 26. 1')').;) of thi~ notic., <:;..n,lin" a copv to this de-
partment of a timely, filed appeal will stay the department's
action pending a final decision by the court. The cOpy must
be sent by certified mail to,
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Sincerely,
.-;;: _:::>JL../C-r:;::r'-
Douglas K. Tobin, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO,
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
a... ,...sl.lurg, r'A 17106-81,9~
INFORMATION (7,00 AM TO 6,30 PM)
Pittsburgh Area - 412-565-5670
Philadelphia Area - 215-698-8100
Harrisburg Area - 717-787-3130
Toll Free 1- 800-932-4600
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VIRIJ'ICATlON
I verify that the statements made in the fore;oin; Petition
are true and correct to the best of my knowled;e, intormation and
belief. I understand that false statements are made subject to
the penalties of 18 Pa.C.S,A. f4904, relatin; to Unllworn
'alsifications to Authorities.
Date. 4-- '30-9L.{
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Ih4-tt3!562
Cumbe~and County prothonotary's ~ffice page 1
r1Civil Case Inquiry ~
APPEAL -. LICENSE SUSP Filed. . . . . . . . ~
6/J~{U
Superior Co
Execution Date
Sat/Dis/Gotd. .
Jury Trial....
................................................................................
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF APPELLEE HAECKLER MATTHEW
WEISHAUPT MICHAEL J APPELLANT ABELN GREGORY B
................................................................................
. Date Entries ·
***....*.*...............~............***.*.*..**..*.****...............**.*****
Judge Assigned I
Judgmentl
OLER J WESLEY JR
.00
0/00/00
0/00/00
8611~01194 APPEAL FROM SUSPENSION OF DRIVERS LICENSE
7 !5 94 ORDER OF COURT BY JUDGE J WESLEY OLER JR
09/ 194 ORDER OF COURT BY JUDGE J WESLEY OLER JR - NOTICE GIVEN 9/15/94
... ~..**.**..**.*.............*.....*..*..**....*.*.........................***
. Escrow Information ·
. Fees & Debits Bea Bal Pvmts/Adi End Bal ·
...*.....................................i......'...............................
APPEAL LIC SUSP
TAX ON APPEAL
SETTLEMENT
JCP FEE
35.00
.50
~:88
35:g8
~:88
:88
:88
45.50 45.50 .00
..........**......****.....**..........................................**.....**
· End of Case Information ·
****..............................****........................*............**...
TRue COPY FROM RECORD
In T eetImony whereof, I her. lIIllo let '" Mnd
and the SIlII If said CotIrt It Cart.. PI.
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',1994'.03562
....
Cumbe~and County Prothonotary'sjlffice page 1
~ivil Ca.. Inguiry ~
APPEAL - LICENSE SUSP Filed.........
6(~g{U
,
Superior Co
Execution Date
sat/D1e/G(\td. .
Jury Trial....
............**...............................n..................................
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF APPELLEE HAECKLER MATTHEW
WEISHAUPT MICHAEL J APPELLANT ABELN GREGORY B
......*****.**....**............**...........................**..**.............
* Date Entries *
.....................................**....................**......**........***
Judge Assigned:
Judgment:
OLER J WESLEY JR
.00
0/00100
0/00100
~6/~O/94 APPEAL FROM SUSPENSION OF DRIVERS LICENSE
71 5/94 ORDER OF COURT BY JUDGE J WESLEY OLER JR
9/ 5/94 ORDER OF COURT BY JUDGE J WESLEY OLER JR - NOTICE GIVEN 9/15/94
.**...................................**........................................
* Escrow Information *
* Fees & Debits Bea Bal Pvmts/Ad1 End Bal *
................................f........i......,.........................***.**
APPEAL LIe susp
TAX ON APPEAL
SETTLEMENT
JCP ~'EF.
35.00
.50
5.00
5.00
35.08
.5
~:88
:88
:88
------------------------ ------------
45.50 45,50 ,00
..*......*......................................................................
* End ot Case Information *
............................................*...............***.........*.......
TRUE COpy FROM RECORD
In T8IUmony whereof, I here lI/lIl) Sill mr IWId
and the ~ said COlIn It carl., PI.
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DHPARTMBNT OF TRANSPORTATION, I
COMMONWEALTH OF PENNSYLVANIA, I
Appellee I
I
V. I
I
MICHAEL J. WEISHAUPT, I
Appellee
IN THE COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
94-3562 CIVIL TERM
ORDER OF COURT
AND NOW, this In4 day of October, 1994, 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 Mattere Complained of on Appeal no later than
14 days after entry of this Order.
BY THE COURT,
/
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Thomas A. Plaoey, Esq.
A.sietant District Attorney
Gregory B. Abeln, Esq.
Attorney for Appellant
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1 September 2, 1994
2 Courtroom No. 1
3 10:00 a.m.
4 (Whereupon,
5 Commonwealth's Exhibit No. 1
6 was marked for identification.)
7 (Whereupon,
8 Defendant's Exhibit No. 1
9 was marked for identifir.ation.)
10 THE COURT: This is the time and place for a
11 hearing on the Petition for Appeal of License Suspension
12 filed on behalf of Michael J. Weishaupt. We'll let the
13 record indicate that the Department of Transportation is
14 represented today by Matthew X. Haeckler, Esquire, and the
15 Petitioner or Appellant is represented by Gregory Abeln,
16 Esquire. We'll let the record further indicate that the
17 Appellant is present in court with his counsel. Mr.
18 Haeckler.
19 MR. HAECKLER: Your Honor, this is an appeal
20 of a five-year revocation imposed by the Department based
21 upon three certifications of convictions for major offenses
22 under the Vehicle Code. The three offenses occurred on --
23 well, the first one occurred on February 9th, 1990. That
24 was a driving under the influence of alcohol. Also on
25 February 9th, 1990, was a fleeing or attemptinq to elude a
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1 police officer. For those offen.es/ Mr. Weishaupt received
2 a one-year suupension for the driving under the influence,
3 and .ix months for fleeing and eluding. He was restored in
" 1992.
5 On 4/16/94, he received a citation tor
6 fleeing and oluding. And upon conviction, the Departmen~
7 suspended or revoked his operating privileges for five
8 years. The records of conviction, which are referred to in
9 this matter/ have been marked as Subexhibit No. 7/
10 Subexhibit No. 5/ and Subexhibit No. 2 in the Department's
11 records. Those records have been marked Commonwealth's
12 Exhibit 1. We move for the admission of Commonwealth's
13 Exhibit No.1.
14 THE COURT: Mr. Abeln, is there any objection
15 to the admission of Commonwealth's Exhibit No.1, which is
16 the driving record of the Appellant?
17 MR. ABELN: Yes, Your Honor, I have an
18 objection. My objection is that I have Defense Exhibit 1/
19 which is the driving record that was attained by my client
20 upon my request prior to my filing of this appeal. He
21 indicated to me and for purposes of this hearing would
22 testify to the fact that he knew that he had a driving under
23 the influence charge to which he pled guilty to back in
24 1990/ specifically February 9th, 1990 -- I'm sorry. The
25 date of violation was February 9th, 1990. He pled guilty to
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1 it on July 17th, 1990, according to PennDOT record..
2 THE COURT I I. this objection going to the
3 admis.ib.lity of the certified record, or does it go to
4 whether the record is accurate?
5 MR. ABELN I No, we agree, now aftMr meeting
6 together, counsel and I, that the record is accurate.
7 THE COURT: That is that Commonwealth's
8 Exhibit 1 is an accurate record of his driving history?
9 MR. ABELN: Of his driving record.
10 THE COURT: All right.
11 MR. ABELN: What my point is, that record was
12 not available to me prior to filing this appeal. I had my
13 client, before I would even file the appeal, drive to
14 PennDOT to get his driving record, pay the requisite fee,
15 and he did so. He went exactly to where he could go, and
16 all he could come up with was this record, which is
17 available to the public, which only stems back three years.
18 He said, I was charged with a DUI. I
19 believed him. One DUI and this fleeing and eluding meant
20 two offenses, therefore, he could not be guilty of a third.
21 So the records that are available through PennDOT to even
22 file this appeal were not available to us, and so,
23 therefore, I'm going to make an argument that that record,
24 if it's not available to us through the common practice of
25 just asking for it and paying the requisite fee, should not
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1 be admissible in court now for purpo.e. of this habitual
2 driver's license concern because if we had known that, we
3 would not be here today.
4 THE COURT: Do you have any ca.e authority
5 for the position that Commonwealth's Exhibit 1 would not be
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12 these kinds of cases all the time. When we try to figure
13 out what do we do, I can call and seek his coullsel, and he
14 has access to a computer whioh can pull up a record such as
15 this.
16 But it just seems to me that any lawyer in
17 the state of Pennsylvania who would not want to waste the
18 Court's time in such a matter such as this would do exactly
19 what I did and make sura that his client, before he even
20 filed the appeal, would go to PennDOT to find out what hi.
21 driving record is. And the only way you can find that out
22 is to get this Defense Exhibit 1 and submit it to me, then I
23 file the appeal, now we come here today at the last minute
24 and find out, well, yes, he does have an additional offense.
25 There was no way I could know this, and it's
admissible for the reason. that you stated?
MR. ABELN: Until two minutes ago when he
handed me the copy of the record, that was the tint time I
even knew that was the situation, so I had not had time to
even make that determination, but this is -- I guess we're
on the record, but Matt and I are f!:'iends, and we discuss
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1 all become a big waste Qf time of the court, my client'.
2 money, his time, and everything, and PennDOT, the attorney
3 having to come all the way here to present that. It ju.t
4 isn't fair, and that's basically the way I have to state it.
5 THE COURT: Mr. Haeckler, is this a certified
6 record that you have?
7 MR. HAECKLER: The record that I have a.
8 Commonwealth's Exhibit 1, that is correct, it is certified
9 under seal. First page is the certification statement
10 certifying the accuracy of these records from our records.
11 THE COURT: All right. Commonwealth's
12 Exhibit 1 is admitted over the objection of the Appellant.
13 (Whereupon,
14 Commonwealth's Exhibit No. 1
15 was admitted into evidence.)
16 THE COURT: And Appellant's reasons for the
17 objection are noted for the record.
18 MR. HAECKLER: with the admission of
19 Commonwealth's Exhibit No.1, Your Honor, the Department
20 rests its case.
21 THE COURT: Mr. Abeln.
22 MR. ABELN: I lost the page, Your Honor.
23 Which one was Smeal on? Do you have that with you? Your
24 Honor, I've marked Defendant's Exhibit 1, which I submit to
25 the Court is in response to my objection. And the purpose
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1 of the submis.ion of this document i. to .tate that prior to
2 our filing the appeal, we obtained made a requo.t of the
3 Department for his prior record, and this i. the only thing
4 that we could get through legitimate channels to determine
5 whether or not my client had the roqui.ite three
6 convictions.
7 In addition, I would note for the record that
8 the record that's been submitted to the Court says that on
9 February 9th, 1990, my client received a charge of driving
10 under the influence of alcohol under section 3731 which,
11 according to section 1542, that is one of the enumerated
12 offenses.
13 On the second page, there's an attempting to
14 elude the police, which is a violation of Section 3733, and
15 also maximum speed limits, which is 3362. They all occurred
16 on February 9th, 1990. There's no testimony here today by
17 the Department of Transportation to indicate that was three
18 separate offenses.
19 And I'm indicating and have indicated in
20 chambers, the Smeal License SusDension deals with whether
21 they are three convictions arising from separate acts of any
22 one or more of the enumerated offenses under 1542. And
23 without a record being placed in front of the Court to say
24 that those are separate acts, which we do not have, they
25 must be considered by this Court to be one act.
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1 It'. common practice, and I'd like the Court
2 to take notice, judicial notice, of th~ fact that when
3 people are charged with driving under the influence and they
4 come before the Court to plead, traditionally, at least in
5 Cumberland County, as has been my experience, the summary
6 offense. are dropped. But even if they are not dropp.d, the
7 colloquy that's given, as far as determining a Defendant's
8 ability to understand to which he is pleading, the only
9 thing that's addressed is the driving under the influence
10 charge.
11 THE COURT: I'm not prepared to take judicial
12 notice of that allegation.
13 MR. ABELN: But in any event, I'm trying to
14 make my record as far as my argument is concerned, and I
15 would suggest
16 THE COURT: May I ask, what am I hearing now?
17 Is this a demurrer? Is this part of your case-in-chief? In
18 other words, if you want to present testimony, I'd be glad
19 to hear that, or if you're making a motion for a demurrer,
20 I'll so treat it. The Commonwealth has rested.
21 MR. ABELN: I'll just make it an argument
22 then, sir. outside of my rebuttal by that exhibit, we have
23 no testimony to offer.
24 THE COURT: All right. Mr. Haeckler, is
25 there any objection to the admission of Defendant'. Exhibit
8
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1 1?
2 Ma. HAECKLER: I just wi.h t~ note, Your
3 Honor, this is not a certified driving record. Thi. i. a
4 printout, and it appears to be a three-year printout ot
5 offens.. occurring within the pa.t three year., nothing more
6 and nothing l.... But it i. correct ina.much as that'. what
7 it .hows.
8 THE COURT: Are you objecting to the
9 admi.sion?
10 MR. HAECKLER: No, but just to reflect what,
11 in fact, this shows. It is not, in fact, a certified
12 driving record.
13 THE COURT: And Mr. Abeln made a number of
14 representations as to how he obtained that record. Are you
15 accepting those as true, or are you requiring that he
16 present testimony to support those representations?
17 MR. HAECKLER: I have no knowledge of what he
18 requested. I can only tell you what he has, what this is.
19 But he has no certification on this.
20 THE COURT: Mr. Abeln, it seems to m. that
21 you're going to have to present some kind of testimony if
22 you want the Court to accept the representation~ you've made
23 regarding how YOII obtained that record.
24 MR. ABELN: I understand. I call my client,
25 Michael Weishaupt.
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1 MR. HAECKLEa: Your Honor, I'll object at
2 this time because this is really not relevant to the inquiry
3 here. The inquiry here is whether, in fact, there were
4 three convictions. How he got that record is not of
5 particular relevance.
6 THE COURT: As I interpret what Mr. Abeln
7 said, he's making some sort of argument based on the theory
8 of e.toppe1, that the Commonwealth is estopped from denying
9 the accuracy of the record, which he has submitted as
10 Defendant's Exhibit 1, because he filed his appeal in
11 reliance upon it. I don't know whether that's a very good
12 argument, but at least to the extent that it's a good
13 argument, this testimony would be relevant.
14 MR. HAECKLER: with all due respect, even if
15 what has been marked Subexhibit No.8, which is the
16 certified driving record, is not accepted by this Court,
17 it's not particularly relevant because what is in question
18 is whether, in fact, there are three conviction..
19 THE COURT: Well, I underGtand your position,
20 but to preserve the record for purposes of any appeal, I
21 think I must allow him to present a basis for the
22 representations that he made as to how he got the record.
23 Whereupon,
24 MICHAEL J. WEISHAUPT
25 having been duly sworn, testified as follows:
10
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1 OIaECT EXAMINATION
2 BY MR. ABELN I
3 Q state your name for the record, .ir, and
4 spell your la.t name, please?
5 A Michael J. Weishaupt. La.t name i. spelled
6 w-e-i-s-h-a-u-p-t.
7 Q For the record, give the Court your address,
8 please?
9 A 303 North Fayette street, Shippensburg,
10 Pennsylvania 17257.
11 Q Mr. Weishaupt, you retained me to be your
12 attorney in filing this appeal, is that not correct?
13 A That's correct.
14 Q And what did you believe the issue was in
15 your appeal?
16 A That I was being charged for three violations
17 as a habitual offendor which, to my knowledge, I thought
18 that I only had two. I told you I had a DUI and this one.
19 Q The last fleeing and eluding charge?
20 A Yes.
21 Q Back on July 17th, 1990, do you recall
22 pleading guilty to a DUI charge?
23 A Yes, I do.
24 Q Do you recall pleading guilty to a summary
25 offense of fleeing and eluding at the same time and also
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1 maximum speed limit. violation.?
2 A No, I don't remember pleading guilty. My
3 attorney at that time, he handled it, and I don't know. I
4 mean, they talked about it.
5 Q Did you believe you were pleading guilty to
6 driving under the influence?
7 A Yes, I did.
8 Q Did you have any knowledge at that time that
9 you were pleading guilty to anything else?
10 A No, I didn't, and I remember when I got the
11 citations and I handed them to him and he was talking to me
12 about them -- I mean, I argued it. I never -- whether I was
13 found guilty or not, I never eluded the police.
14 Q In any event, at my request, did you go to
15 PennDOT to bring to me your driving record before I would
16 agree to file this appeal?
17 A Yes, I did.
18 Q How did you do that, sir?
19 A I drove down and went to the information
20 de.k, and they told me this is the only record I could get.
21 Q How much did you pay to get that record?
22 A I believe it was $3.00, $5.00. I'm not sur...
23 Q And did you ask for your driving record per
24 .e when you went to the desk?
25 A Life history driving record.
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a You have in front of you Defendant'a Exhibit
No.1. What ia it, air?
A It's a three-year driving record.
a Is that what you gave to me upon return
before I filed the appeal?
A Yea, it is.
a All right. And did that convince you that
what you were telling me was the truth and correct?
A Well, yeah, but I looked at it, anc I seen it
didn't go back that far.
a It didn't list the DUI charge?
A Right.
a And it didn't list the fleeing and eluding
charge?
A That's correct.
a And it didn't list the max~,mum speed limits
charge?
A That's correct.
a And that is the record that you -- exact
record that you got at PennDOT, is that not correct?
A Yes, it is.
MR. ABELN: That's all I have, Your Honor.
THE COURT: Mr. Haeckler.
CROSS EXAMINATION
BY MR. HAECKLER:
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1 Q The DUI that you got back in 1990, that was
2 not the first Vehicle Code offense you ever had, was it?
3 A Vehicle
4 Q Vehicle Code offense, traffic violation?
5 A No, sir.
6 Q And you had a DUI back in '91, right?
7 A That's correct.
8 Q But that wasn't on the driving record, was
9 it, that you received?
10 A No.
11 Q As a matter of fact, you had several off&nses
12 occurring between 1981 and 1989 that didn't appear on that
13 driving record that you received, is that correct?
14 A That's correct.
15 Q So you knew that it was that driving record,
16 what you're calling a driving record, didn't go back beyond
17 1994, is that correct?
18 A Yeah, that's correct.
19 Q For your conviction of DUI in 1990, you
20 received a one-year suspension. Do you recall that?
21 A Yes, I do.
22 Q And you were sent notification by the
23 Department, which has been marked as Subexhibit No.6.
24 THE COURT: Is that Subexhibit No. 6 in
25 Commonwealth's Exhibit No.1?
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MR. HAECKLEa: That'. correct.
THE COUaT: okay.
BY MR. HAECKLER:
Q Do you recall that?
A That was -- yeah, four year. ago. I gues.
this is the one.
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7 Q You surrendered your license at the hearing,
8 is that correct -- let's see -- on July 27th when you were
9 convicted and sentenced?
10 A I really don't recall if I did or not.
11 Q If you turn to Exhibit No.1, to the document
12 marked Subexhibit No. 5 -- I'm sorry -- Subexhibit No.4,
13 that's an official notice dated and mailed September 26,
14 1990, suspending your operating privileges for six months
15 for a conviction of a 3733 offense, driving under
16 suspension. Did you ever appeal that?
17 A No, I didn't.
18 MR. HAECKLER: Nothing else.
19 THE COURT: I'm a little confused. You
20 referred to the driving under suspension conviction. Did
21 you mean fleeing?
22 MR. HAECKLER: He has a driving under
23 .uspension conviction. We're talking about a -- I'm sorry.
24 It's a fleeing and eluding notice as Subexhibit No.4. It'.
25 a notice of suspension of fleeing and eluding. Did I Bay --
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1 THE COURT: You .aid driving under
2 .u.pen.ion.
3 MR. HAECKLER: I apologize. It was fleeing
4 and eluding.
5 THE COURT: All right. Thank you.
6 MR. ABELN: I have nothing.
7 THE COURT: All right. Mr. Abeln, I gather
8 you're not contending that the Defendant, herein Appellant,
9 did not, in fact, plead guilty to fleeing and eluding as a
10 result of the February 9, 1990, incident?
11 MR. ABELN: I'm contending that there's no
12 evidence presented as to the colloquy that dealt with that
13 particular event to determine whether or not today it was --
14 it should be considered by the Court to be one event or two
15 events.
16 THE COURT: My question is, are you
17 contending he did not, in fact, plead guilty to fleeing and
18 eluding as a result of the February 9, 1990, incident?
19 MR. ABELN: I am not contending that either
20 way, Your Honor, because there's been no evidence presented
21 that he did. It's only a driving record by the pennsylvania
22 Department of Transportation to show what their records
23 reflect as far as their receipt is concerned of that
24 particular offense.
25 I have no evidence to present in either
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1 fa.hion. Hy arqument ultimately is that without that
" evidence beinq presented by the commonwealth, the Court mu.t
3 treat this as one combined incident and cannot just take a
4 gues. as to what occurred for purposes of that particular
5 colloquy without it beinq presented by the Commonwealth. I
6 don't believe the burden is on us to come forward and say
7 that because it all happened and it's aqreeable that it all
8 happened on the same day.
9 THE COURT: Well, you're not even conceding
10 that he pled guilty to the offense, as I understand it?
11 MR. ABELN: Correct.
12 THE COURT: You may step down, sir. Thank
13 you. Hr. Haeckler, is there still an objection to
14 Defendant's Exhibit 1 being admitted?
15 MR. HAECKLER: What is it being admitted as?
16 MR. ABELN: The record that he received from
17 PennDOT.
18 HR. HAECKLER: No objection to it beinq
19 whatever he received from PennDOT.
20 THE COURT: Defendant's Exhibit 1 is
21 admitted. I shouldn't be referring to him as a Defendant.
22 It's really Appellant's Exhibit 1.
2:1 MR. ABELN: Right.
24 THE COURT: How has it been marked?
25 MR. ABELN: It's been marked as Defendant'e
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1 Exhibit 1. I'll cro.. out D.fendant'. Exhibit and mark
2 Appellant'..
3 THE COURT: All right. And for the record, I
4 would like to have a copy of Commonwealth's Exhibit 1
5 becau.e I don't have one. Appellant's Exhibit 1 is admitted
6 without objection.
7 (Whereupon,
8 Appellant's Exhibit No. 1
9 was admitted into evidence.)
10 THE COURT: Now, Mr. Haeckler, here i. your
11 opportunity for rebuttal. I will give you an opportunity to
12 collect the certified record from the Clerk of Courts
13 office.
14 MR. HAECKLER: Your Honor, in this case
15 there's no obligation on the Department to present anymore
16 evidence. We will not be presenting any evidence. There's
17 a presumption that the actions of the Department are
18 correct. Additionally
19 THE COURT: Well, here's the problem. Mr.
20 Abeln has presented testimony to the effect that there was
21 never a plea to fleeing or attempting to elude the police.
22 You're asking me to make a determination that the Department
23 acted correctly, but there's absolutely no rebuttal of that
24 testimony by Mr. Abeln other than a certified record from
25 the Department.
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If this plea was entered in Cumberland
county, which I assume it was, it would be ea.ily determined
just by walking two floor. downstairs and finding out
whether he did, in fact, plead guilty to fleeing or
attempting to elude the police, and that would make
immeasurably easier my opinion in the case. otherwise, I'm
going to have to delve into the area of whether the fact
that a certified dl',iving record was presented is sufficient
to counter testimony under oath by a party that he did not,
in fact, plead guilty to the offense that the certified
record says he did plead guilty to.
MR. HAECKLER: Your Honor, if you look at
Com~onwealth's Exhibit No.1, directing your attention to --
I'll start with Subexhibit No.7. If you look at the front
sheet, it is the report of the Clerk of Court of Cumberland
County, which shows a conviction on 7/17/1990. The seal was
attached to the original. These are the certifications from
the Court of Common Pleas of Cumberland County to the
Department of Transportation upon which the Department is
required to suspend the operating privileges of a person.
These records are microfilmed by the
Department and kept in the normal course for hearings such
as the one today. This is a -- it was a certified copy. It
was microfilmed. And we keep them and reproduce them in all
of these cases which show convictions. The motorist cannot
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1 now come forward and challenge this record of conviction
2 merely by .aying, I didn't know that I pled guilty.
3 THR couaT: It ..em. to me he'. doing more
4 than that. He'. indicating, and Mr. Abeln i. indicating,
5 that he did not, in fact, plead guilty. And I don't have
6 time to .pend eight hours researohing the i..ue of whether
7 this one document, a certified record, will suffice to rebut
8 testimony under oath. It would just be so much easier for
9 me if we could present the certified record from our Clerk
10 of Courts.
11 MR. HAECKLER: We'll have to take a reces.
12 and go down and get them.
13 THE COURT: That's fine.
14 MR. HAECKLER: I hope they haven't taken it
15 downstairs. I've seen the two from 1990. I have a copy of
16 the fleeing and eluding because they didn't give me that in
17 my packet of documents which I keep in my file. They put it
18 in the original. They didn't put it in the duplicate .et
19 that they made for me. I saw the certifications to the
20 Department for the fleeing and eluding and the DUI. I only
21 got the fleeing and eluding because I wanted it for my
22 record. But I'll have that marked and admit that.
23 THE COURT: And this is what again?
24 MR. HAECKLER: This is for the fleeing or
25 attempting to elude, which occurred in 1990. I have an
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1 original certified by the Clerk ot Court. down8tair. today.
2 THE COUaT: All right.
3 (Whereupon,
4 Commonwealth'. Exhibit No. 2
5 was marked for identification.)
6 THE COUaT: Mr. Abeln, do you have any
7 objection to the admis.ion of Commonwealth'8 Exhibit 2,
8 which i8, a8 I understand it, a certification from the Clerk
9 of Courts of Cumberland County, indicating that the
10 Defendant did, in fact, plead guilty to the offense of
11 fleeing and eluding as a result of the February 9, 1990,
12 incident.
13 MR. AaELN: No, sir, I have no objection to
14 that.
15 THE COURT: And do you agree that'8, in tact,
16 what it shows?
17 MR. ABELN: Yes, 8ir, I do.
18 THE COURT: May I assume then that the issue
19 of whether the Defendant did, in fact, plead guilty to
20 fleeing and eluding as a result of the 1990 incident is no
21 longer an issue?
22 MR. ABELN: No, sir.
23 THE COURT: I may assume that?
24 MR. ABELN: You may assume that. I don't
25 want to caU8e the Court anymore trouble than we already
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1 have.
2 THE COURT I All riqht. Commonwealth'.
3 Exhibit 2 is admitted without objection.
4 (Whereupon,
5 Commonwealth's Exhibit No. 2
6 was admitted into evidence.)
7 THE COURT: Now anything further, Mr. Abeln?
8 MR. ABELN~ No, sir, just argument.
9 THE COURT: All riqht. Do you want to make a
10 .hort arqument?
11 MR. ABELN: Yes. Your Honor, my point in
12 this whole matter is not and never was what my client pled
13 guilty to at the time that he entered his plea in 1990.
14 They all stem from a sinqle episode that occurred on
15 February 9th, 1990. And without testimony from the
16 Commonwealth to show that the fleeing and eluding and the
17 driving under the influence and the maximum speed limits
18 charged to which the record reflects, as I have now seen for
19 the first time in Commonwealth's Exhibit No.1, is without
20 testimony to show that they are separate and distinct
21 offenses.
22 I believe that under Smeal ~icense
23 SusDension, 1 D. & C. 4th 486 (Bucks Co. 1988) where the
24 Defendant in that case or the Petitioner, under revocation
25 of the same section, 1542, to which my client is now beinq
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1 held, the Court held that the deci.ion of whether one act
2 could be construed as a number of violations under the
3 habitual offender provision, and the Court there found that
4 it could not.
5 And I am suggesting that without testimony to
6 show that these acts were all indeed .eparate and distinct,
7 the mere reflection of Commonwealth's Exhibit No. 1 to show
8 that on February 9th, 1990, there were three separate
9 violations cannot be just automatically accepted that they
10 are separatp and distinct for purposes of the habitual
11 offender concern.
12 And my other argument is just, plain and
13 simply, that it's traditional tor an individual to come up
14 who wants to plead guilty to a driving under the influence
15 charge to face the Court and accept responsibility for the
16 driving under the influence. The colloquy traditionally
17 given before he pleads guilty simply is to the QUI charge,
18 and if --
19 THE COURT: That's certainly not true in my
20 court. If I have a plea being taKen to a summary offense as
21 well as driving under the influence, I will maKe sure that
22 we have pleas to both offenses, so I can't taKe judicial
23 notice of what the colloquy was.
24 MR. ABELN: I'm not aSKing -- I'm maKing
25 argument, sir.
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THE couaT: I under.tand, but you're .tating
facts that you're expecting me to take .ome kind of notic.
of, and I'm just telling you, I can't take judicial notic.
of what you're saying because in my court, that'. not tru..
If somebody pleads guilty to both a .ummary offens. and
driving under the influence, they are put on record as
admitting to the facts for both types of offenses, and it's
made clear what the penalties are for both offenses, and
that they're pleading to both offenses.
MR. ABELN: What my point is, I'm trying to
make sure, and I certainly am familiar with your practice,
as I have been before you a number of times, and I would not
take issue with what you have just said, I am merely stating
what my experience has been in the limited time that I've
been a defense lawyer. And the point I am ultimately making
is that without the presentation of a colloquy by the
Commonwealth to show that these are separate and distinct
acts to which he had pled guilty, after he has testified he
didn't remember oven pleading to those offenses, for the
Court to hold him responsible under the habitual offender's
act, which is ambiguous in the ytatutory language at best,
is a very difficult thing to do.
And I'm asking the Court to look at this as
one of tense without having the rebuttal presentation of the
colloquy or the actual testimony to show that these have
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1 been .eparate and distinct oftenaea, and e.pecially in light
2 of the caae that I have otfered to the Court.
3 THE COURT: All right. Thank you. Mr.
4 Haeckler.
5 Ma. HAECKLER: with regard to the scope of
6 review of this Court, Your Honor, it'. very narrow. What
7 we're here today to do is to determine whether this person
8 has been convicted of three of the enumerated offenses in
9 section 1542. We do have three convictions: a fleeing and
10 eluding in 1990, a DUI in 1990, and a 1994 fleeing and
11 eluding. A motorist now can't say that he didn't know of
12 that prior fleeing and eluding. He was suspended for it.
13 He was suspended for six months for fleeing and eluding.
14 That notice, which is in the Department's packet of
15 documents, was not appealed.
16 It came out at the same time that the DUI
17 suspension came out. Clearly, the Department notified him
18 of this suspension and he served it. He didn't serve just
19 one year. He had to serve a year and six months; one year
20 for the driving under suspension, six months for the fleeing
21 and eluding.
22 Finally, this is not a situation where it
23 could be only one act. There have been no reported cases
24 where a DUI has merged with any offense for habitual
25 offender purposes, none. For habitual offender purposes,
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we're looking at what the violation is punishing, what act
i. it that we're punishing here. For a DUI, it's for
driving under the influence. For fleeing and eluding, we're
talking about fleeing police officer. or attempting to elude
police offic$rs, different acts. We're punishing different
thing.. Accordingly, it can't possibly be merged into one
offense. Accordingly, we request that the appeal be denied
and the revocation reinsta~ed.
THE COURT: Okay. Thank you. Very well
argued by both counsel and very well presented. We'll enter
this Order.
(Whereupon, the following Order of Court was
entered.)
ORDER OF COURT
AND NOW, this 2nd day of september, 1994,
upon consideration of the Petition For Appeal of License
suspension, and following a hearing, the Petition For Appeal
is denied, and the revocation under the Habitual Offender
Statute imposed by the Dep~rtment of Transportation by
notice dated May 26, 1994, is affirmed.
By the Court,
J. Weslev Oler. Jr.
J.
THE COURT: Okay. Thank you. Court's
adjourned.
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IN THE SUPERIOR COURT OF PENNSYLVANIA
HARRISBURG DISTRICT
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION
V
NO, 655 HARRISBURG, 1994
MICHAEL J WEISHAUPT
Appellant
ORDER
AND NOW, to wit, this 27th day of October, 1994, upon
consideration of the appellant's Petition to Transfer to Common-
wealth Court the above-captioned matter which has been filed in
this Court, the same is hereby GRANTED,
PER CURIAM
TRUE AND CORRECT COpy
ATTEST, October 28, 1994
~;.:_ ,Ct.'7x~..,,~./
Chief Clerk - Harrisburg District
superior Court of Pennsylvania
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P. O.IOX 1300
.3. M"IN CAPITOL IUILDING
HAAAISIUAG, PINNSYLV"N IA 1710.
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DAVID ".IIlWCZAK.ISQUIAI
~HCIItOT.MY
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December 7, 1994
'''TAICI'' A.lIIIIIIllII' Whittaker
CIotII' CLI"K
Daniel R. Schuckers, Prothonotary
Comn~nweal~h Court of Pennsylv3nin
P.O. Box 11730
Harrisburg, PA 17108
Rei Com., Dept. of Trans. v. weishaupt
No. 655 Harrisburg, 1994
C.P. COurt Cumberland County Civil 94-3562
Dear Mr. Schuckersl
, ,
The above entitled appeal having been ordered traneferred to the
Commonwealth Court of Pennsylvania, I am encloeing herewith certified copy
of the superior Court Order dated October 27, 1994, docket entriee, docketing
etatemant, notice of appeal and copy of the motion to tranefer.
Very truly yours,
~;Ci;' - ([,W.JJ.cuI~/
Chief Clerk
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Encle.
CI The Honorable J. Weeley Oler
Gregory B. Abeln, Eeq.
Matthew X. Haeckler, Eeq.
ProthonotalrY, C\IIIIberlan4 Co.
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DEPARTMBNT 0' TRANSPORTATION I
COMMONWEALTH or PENNSYLVANIA, I
Appellee I
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IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
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MICHAEL J. WEISHAUPT,
Appellant
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94-3562 CIVIL TERM
IN REI OPINION PURSUANT TO PA. R.A.P. 1925
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Oler, J., November 18, 1994.
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In the prelent Vehicle Code caKe, Appellant appealed tQ this
court from a license suspension imposed by the Pennsylvania
Department of Transportation pursuant to Section 1542 of the
Vehicle Code.' A hearing was held before the writer of this
Opinion on September 2, 1994, at the conclusion of which
Appellant's Petition for Appeal of License Suspension was denied
and the revocation imposed by the Pennsylvania Department of
Transportation pUJ:'suant to the habitual offender statute, by notice
dated May 26, 1994, was affiJ:'med.'
On October 3, 1994, Appellant filed a notice of appeal to the
Superior Court from the Order affirming the license suspension.
Pursuant to an Order dated October 11, 1994, Appellant filed a
statement of matters complained of on appeal. In pertinent part,
the statement sets forth the basis of the appeal as followsl
In order to be convicted of the Habitual
Offender statute, 75 Pa, C.S.A. S1542(d), the
Commonwealth must prove that the Defendant was
convicted of three offenses arising from
separate acts.... The Commonwealth failed to
, Act of June 17, 1976, P.L. 162, S1, 75 Pa, C.S.A. 51542
(relating to revocation of habitual offender's license).
2 Order of Court, In Rei License Su.pension Appeal, September
2, 1994.
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94-3562 CIVIL TERM
prove, or to offer evidence, that these were
separate and distinct act.. The burden is on
the Commonwealth to show that these are
separate and distinct act. to prove 4 prima
facie caee and it 18 in.ufficient limply to
pre.ent a certified record of the conviction.
Thi. Opinion in 8upport of th18 court's af firmance of the
Department's revocation of Appellant's licen.e ie written pureuant
to Penneylvania Rule of Appellate Procedure 1925.
STATEMENT OF FACTS
Evidence adduced at the hearing tended to eetabli.h the
following factBI On February 9, 1990, Appellant was ~harged with
three violationB of the Vehicle Code I (1) driving under the
influence of alcohol,' (2) fleeing or attempting to elude a police
officer,. and (3) exceeding maximum .peed limit..' According to the
certified record of the Department of Tran.portation. and to a
certified record from the Clerk of Court of Cumberland County, 7
Appellant pled guilty to each of theee chargee on July 17, 1990.
Sub.equently, on April 16, 1994, the Appellant received a citation
for a .econd violation of Section 3733 of the Vehicle Code (fleeing
or attempting to elude a police offic~r). Upon conviction of thi.
) Act of June 17, 1976, P.L. 162, 51, liS amended, 75 Pa.
C.S.A. 53731 (1994 Supp.).
. Act of June 17, 1976, P.L. 162, 51, 75 Pa. C.S.A. 53733.
. Act of June 17, 1976, PIL. 162, 51, 75 Pa. C.S.A. 53362.
. Commonwealth'e Exhibit 1.
7 Commonwealth's Exhibit 2.
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94-3562 CIVIL TBRM
last offen.e, the penn.ylvania Depllrtment of Tran.portation revoked
Appellant's operating privilege. for five yeare pur.uant to section
1542 of the Vehicle Code.'
~TATEMENT OF LAW
Revocation of oceratinc crivilece under Vehicle Code. Section
1542 of the Vehiole Code' provides, in pertinent part, as follow. I
(a) General rule. - The department shall
revoke the operating privilege of any person
found to be a habitual offender pur.uant to
the provisions of this secticm. A "habitual
offender" 3hall be any penon whose driving
record, as maint~ined in the department, shows
that such person has accumulated the requisite
number of convictions for the separate and
dietinct offensee described and enumerated in
.ubeection (b) committed after the effective
date of this title and within any period of
five years thereafter.
(b) Offen.e. enWDerated. - Three convictione
arising from separate acts of anyone or more
of the following offenses committed either
singularly or in combination by any person
.hall result in such person being designated
as a habitual offender I
(1) Any offense set forth in section
1532 (relating to revocation or
suspension of operating
privilege)... .
Section 1532 of the Vehicle Code" providee, in pertinent part,
a. follow. I
, Act of June 17, 1976, P.L. 162, 51, 75 Pa. C.S.A. 51542.
,
Act of June 17, 1976, P.L. 162, 51, 75 Pa. C.S.A. 51542.
10 Act of June 17, 1976, P.L. 162, 51, as amended, 75 Pa.
C.S.A. 51532(b)(1), (b)(3) (1994 Supp.).
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94-3562 CIVIL TERM
(b) luspendon
(1) The department shall .uspend the
operating privilege of any driver
for eix monthe upon receiving a
certified record of the driver'.
conviction of or an adjudication of
delinquency baeed on any offense
under the following proviaionsl ...
Section 3733 (relating to fleeing or
attempting to elude police
officer) .. . .
(3) The department shall su.pend the
operating privilege of any driver
for 12 months upon receiving a
certified record of the driver's
conviction of section 3731 (relating
to driving under influence of
alcohol or controlled substance)
.. ..
statutorv Construction.
Several rules of statutory
construction are of assistance herein.
"[T)he object of all
interpretation and construction of statutes is to ascertain and
effectuate the intention of the General Assembly. ,,11 "When the
word. of a statute are not explicit, the intention of the General
Aesembly may be ascertained by considering, among other matter.1
... (3) the mischief to be remedied; [and) (4) the object to be
obtained. ,,12 "In ascertaining the intention of the General A..embly
in the enactment of a statute, the following [presumption) ... may
be usedl... that the General Anembly does not intend a re.ult that
11 Act of December 6, 1972, P.L. 1339, 53, 1 Pa. C.S.A.
51921(a) (1994 Supp.).
12 Act of December 6, 1972, P.L. 1339, 53, 1 Pa. C.S.A.
51921(c)(3), (4) (1994 Supp.).
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94-3562 CIVIL TERM
i. ab.urd ... or unreaeonable." U Furthermore, with regard to the
interpretation of words and phrases of statute., "[w]orde and
phrasee shall be construed according to ... their common and
approved usage."u
~cial Drscedent. Several cases are helpful to an analy.ie
of the iesue of when three convictions are considered to be
.eparate and distinct offenses for purposes of Section 1542 of the
Vehicle Code (relating to revocation of habitual offender'.
license)." In one such case, Commonwealth, Dep't of Transp. v.
Frye, 88 Pa. Commw. 380, 489 A.2d 984 (1985), aff'd, 514 Pa. 219,
523 A.2d 332 (1987), the Commonwealth Court held that under Section
1542 the license of a driver is properly revoked following his or
her conviction of three offenses enumerated in the statute
committed within five y~ars even though such offenses were
committed within a single night. "In II. single night, Frye
committed four serious violations of the Vehicle Codel (1) driving
under the influence of alcohol; (2) failing to stop at the ecene of
an accident involving damage to an attended vehicle or other
property; (3) driving without lights to avoid identification or
arre.t; and (4) fleeing or attempting to elude a police officer."
12 Act of December 6, 1972, P.I.. 1338, 53, 1 Pa. C.S.A.
51922(1) (1994 Supp.).
U Act of December 6, 1972, P.L. 1339, 53, 1 Pa. C.a.A.
51903(a) (1994 Supp.).
10 Act of June 17, 1976, P.L. 162, 51, 75 Pa. C.S.A. 51542.
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94-3562 CIVIL TERM
rd. at 380 n.1, 489 A.2d at 984 n.1 (emphasi. added). The court
found no merit in the driver's contention that the three offen.e.
required to trigger Section 1542 had to occur at three .eparate,
unconnected point. in time. rd. at 383, 489 A.2d at 985 (1985).
The court further stated as follows I
Thi. court has oonsistently held that the
five-year habitual offender revocation takes
effect whenever there are three convictions on
.ection 1542 (b) offenses, regardless of
whether these offenses are commltted within a
narrow time frame or on separate occasions.
This line of cases is firmly grounded on the
legislature' 8 clear intent to classify as a
habitual offender a driver who commits three
enumerated violations "either singularly or in
combination" (emphasis added). Neither the
common usage of the word "habitual" nor the
statemente of individual legislators can
eupplant this unambiguous expression of the
General Assembly's will.
rd. (citatione omitted). "[S)ection 1542's overall purpose i. to
penalize those who repeatedly transgress the motor vehicle law over
a five-year period of time ...." rd. at 384, 489 A.2d at 986.
With regard to the requirement that the three convictions
repreeent separate acts for purposes of application of the habitual
offender .tatute, the Commonwealth Court in Ross v. Commonwealth,
Dep't of Transp., 125 Pa, Commw. 256, 258-59, 557 A.2d 62, 63
(1989), held that "although all three Code violations may be
committed in combination in the course of one general factual
episode, the driver must also have done three completely different
improper thing. which led to those code violations in order to be
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94-3562 CIVIL TBRM
rea.onable additional
time after the penon
drove, operated or was in
actual phIsical control
of the veh cleo
Act of June 17, 1976, P.L. 162, 51, a8 amended, 75 Pa. C.S.A.
53731(a) (1994 Supp.).
Fleeing or atte.pting to .lude police offic.r.
(a) Off.n.. defined. - AnI driver of a motor
vehicle who willfully fa lit or refuses to
bring his vehicle to a stop, or who otherwise
flees or attempts to eludq a pursuing police
vehicle, when given visual or audible signal
to bring the vehicle to a stop, is guilty of a
summary offense ....
Act of June 17, 1976, P.L. 162, 51, 75 Pa, C.S.A. 53733.
APPLICATION OF LAW TO FACTS
In the present case, several factors militate in favor of the
Commonwealth'. position that the Appellant's license was properly
revoked by the Department of Transportation pursuant to Section
1542 of the Vehicle Code. First, the language of the habitual
offender statute and judicial precedent support the proposition
that the offenses which contribute to one's habitual offender
statu. need not occur at separate, unconnected points in time, the
offenses may occur "either singularly or in combination." Thu.,
the fact that two of Appellant's offenses - driving under the
influence and fleeing or attempting to elude a police officer - may
have occurred on the same occasion does not preclude their being
considered separate and distinct for purpose. of the habitual
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94-3562 CIVIL TERM
offender provision.
Second, the intent of the legi.lature in enacting the habitual
offender statute w.s to penalize driver. who commit a number of
.erioua violations of the Vehicle Code within a certain number of
year.. Where such offenses are committed within a briefer period
of time than that specified, the need for remedial action with
respect to a driver would seem to be all the greater. To exonerate
Appellant in this case on the ground that he committed more than
one eeriou. violation during the same episode is not consistent
with the objectives of the legislation or logic.
Finally, the offenses of driving under the influence and
fleeing or attempting to elude a police officer are acts requiring
different elements of conduct and different mental states on the
part of II driver.
One must, for instance, voluntarily inge.t
alcohol or a controlled substance in order to commit the offense of
driving under the influence, and one must have decided to attempt
to avoid apprehension in the case of fleeing or attempting to
elude. The distinctive means of committing these offenseo pre.ent
a strong argument against treatment of Appellant's actions of
driving under the influence and fleeing or. attempting to elude a
police officer a. a single violation for purposes of the habitual
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IN T~COMMONWEALTH COURT OF PENr-:LVANIA ~
DOCVETI"G APPEAL 30'78 C.O. ,qqT ,
NOTICE 01" " " 'f'W. qLf-3 5".1. GUc.t
Docket Nor 3078 C.D. 1994 Filed Date: 12/08/94
Deemed Received: 10/03/94
Re: WEISHAUPT" BUREAU OF DRIVER LICENSING
Lower Court No.: 94-3562
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 ~ecord, 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 Bet
forth on page 2 of this notice.
NOTICE TO COUNSEL
A copy of this notice is being sent to all parties or 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 attorner should review the record of the
trial court, in order to insure that t is complete, prior to
certification to this Court. (Note: A copy of the Zoning Ordinance
must accompany records in Zoning Appeal cases).
The addresses to which you are to transmit documents to this Court
are set forth on Page 2 of this Notice.
If you have special needs, please contact this court in writing as
soon as possible.
Lower Court JUdge: Honorable J.
Attorney: Gregory Barton Abelin
Attorney: Matthew X. Haeckler
Notices Exit: 12/12/94
Wesley Oler Jr.
Prothonotary
Harold Cramer
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tERTIf' I C/'I'rION
DATE July 13, 1994
DL-326 (4/84)
I hcreby certlfy that Douglas K. Tobin ,Director of the
Bureau of Driver Licensing of th~ Pennnylvania Dcpartment of Trans-
portation, is the legal custodian of the Driver License records of the
Pennsylvania Department of Transport3tion. /'Is the Director of the
aforeeaid Bureau, he has legal custody of th~ original or microfilm
records which are reproduced in the attached certification.
IN TESTIMONY WHEIU:UF, I II/'lVF. IIEREUN'ro SET MY H/'IND AND SEAL OF
THIS DEPARTMENT THE DAY /'IND yr;^,( /'IFORCS^ID.
}~~~.r,.,..,f t'u~~
Secretary of Ti-anstJortation
I HEREBY CERTIFY, TIIA'l' TilE !'OREGOING AND ANNEXED IS A FULL, TRUE
/'IND CORRECT CERT IF lED PIIOTOSTATIC COpy OF:
1) Official Notice of suspension of operating privileges dated & mailed 5-26-94,
effective 6-30-94; 2) Record of Conviction Details received by the Department
electronically from the Distric Court No. 39201, for Citation No. 0208418, date
of violation 4-16-94, and date of conviction 5-3-94; 3) Restoration effective
4-13-92; 4) Official Notice of suspension dated & mailed 9-26-90 effective
7-17-91; 5) Report of the clerk of court of cumberland County, convicted 7-17-90,
sesl attached to original; 6) Official Notice of suspension dated & mailed 9-12-90
effective 7-17-90; 7) Report of the Clerk of Court of cumberlsnd County, convicted
7-17-90, seal attached to original and 8) Driving Record, which appeara in the file of
the defendant Michael J. Weishaupt, operator's No. 19518091, date. of birth 12-19-61,
in the Bureau of Driver licensing, Harrisburg, Pennsylvania.
Co,nfllonwpulth ..
EXHIBIT
I
11::;/r11
LV C Y
CERTIFIED TO as prescrlbed by Section 6103 and 6109 of the Judicial
Code, Act of July 9, 1976, P.L. 586, as amended.
IN TESTIMONY WtlEREOf', 1 IlAVE HEREUNTO SET BY HAND /'IND SEAL TilE DAY
AND YEAR AFORESAID.
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SEAL
Director, Bureau of Drlver Licenslng
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COMMOHWIALTH 0' PIHHIYLVAHIA
OIPARTMIHT 0' TRAHIPORTATIOH
lurllu 0' Dravlr Lacln.an.
H.rr..bur.. PA 17111
MAY 26. 1"11
....
....
....
....
"ICMAEL ~ WEISHAUPT
In " "AltUM Ave
P. 1.1 '"~
IHIPPENSIUR' PA ~?II?
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A. . I'I.ul' ., your c.nvlc,a.n In 01/01/1". .f vl.I.,ln,
I..,a.n 1711 ., 'hi Vlhl.ll Co~.. 'LIIINI POLICI O"ICI. .n
..,a"a"., v.u h.v. b..n .1'cI~ an hlbl'ull "'.n~I" "I'u'
b...u.. 'hl. a. your 'ha..~ ..j.r va.ll,aon wl'hln . 'lv. V"I'
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et I VIA.CI) .. ..n~.h. bv I..Uon UlIlD ., 'he V.ha.h
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dare.,aon. on how to r'CI'v, _r.d.' 'ow.rd. your ..n,'..n.
Wh.n the .I,.rt..n' r.c..v., YOUr l.c.n.. '1' ..knowl-
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSP~RTATION
Burelu af Driver Llconslng
Harrisburg, PA 171~3
Of,1I3/1992
If,II9
.
MICHA[L J W[ISHAUPT
22~ W.MARTIN AV[,
I PO BOX,"2 ,
'" . , SHIPP[NSBURG I'A:L725?
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LlCENS~ IN BUIREAU.11 "I:'
39 0';!4 7ft;! 7;! 0 0 0 0 0
Deer Moto,:ist "
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Ple.so be .dv1sod that your drlvl.u privilege Is restored
_""ctlve 04/l3/1P9Z. As p~ovlded 'In Soctlon l5f,5 of ,t~:el
Veh:lclo Codo, your drivino record shows five points upun
restoration. Any point system co.onvictlons processed by the
Department on or after this res'foratlon date will be added
to this five point total. Any addltiorral accumulation 0'
points may result in corrective action by this bureau and may
cause the ~uspension of your driVing prlvile~e.
Please drive carefu).ly 'as lhls Bureau i~ dedicatod to
s~fety on the highways of this Commonwealth..
,.
Sincerely,
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..-;: _.:::> ~/; -K:' ~
Dhugla~ ~. TIbin. Q~rb~tbr
Dllreaul 01 Dr ytr LicenSing
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INFORMATION 17100 ;AM ~o (,'30 PM)
PHtsl>urgh Are, '. 41~-S65-5670
Philadelphia A ea . ~15-69B-8100
Harrisburg Are. ,. ,7l7-7B7-3130 '
Toll Free I'. 8PO-932-4600
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OFFICIAL
NO T'I C E
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MICHAEL J \ojl:I$IIAUI'I
221 \oj tlARIIN AVE
PO BOX b2
SHIPPENSnUHn I'A i7~57
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L1UN:;r lH,nUREI\U
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AS A RE511L T or YOUR COtlVICTIOII 011 U7-II-I')'10 OF VIOLAIIIl..
SEerION S7B III TIll VIllleLI. L:l11I1 Itll 0;' 11'1 1'1'111,
YOUR DRIVltIll PHIVlllliL:; AHt. 1I1.111u ~IJ:.I'IIIIJIO 11111 A 1'1 ~IOIl III h
MOIITHS ~S MMIIJAlLlI "'1' 5lCflOll l~.\l II III IIII' Vllllll.l lOOI.
T E ABOVl 111 IIj IOlllll :.U:>I'LII:;IIIIIC,)(IH.VOC,""IIIIIl',j I:,'I,~I III
PREVIOU LY IS:.lIlll W'jl'ltl:'IIIII/RLVOCArlllll. '
AIlIll TlOII 10 MIY
YOUR DRIVING PRIVli.tGL fllll NOT ilL HC;lORI.lJ 1I1111L YlIlI I'RUVIIH. "ROOF
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TO TilE DEPARHlEIIT TllA! All MOlOR VEtilCll~. Rllll:;" ~ II UI YOllR IIMll ,",RI COVERED
DY A MOTOR VEIIICLE LIAnlLITY UI:;URAIICr. POLICY II'{ 1\)' A I'RU,;rW1 01
5ELF-1tI5URAIICl A""RUVI.O DY llil. Ol.l'AR 1111111
· THIS 11I5URMIC[ IIIFORIIIoIIOII flrLL till I ilL /\lXII'TI.Il HURl IIIMI 11) nOrlTli
BEFORE THE ELIGIBILITY D.\ll. 01 Till' RL:;rllRATIOII 01 lllllll IJlnVIII'1 I'HIVIL[()E
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YOU fllLL 1I0T Bl PlRI1I1IlO III 1I1'lf:.\ll'A II01111l VI'"CLI: 11I1I1L YIlU'tll:LT
AH REClUIREMEtIT5 A5 51A1I'D I,UOVr:.
EFFECTIVE. DATE U7/1"1/1'1'11 1,? U1 A,M,
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f DIRECTOIl
UUREA\J ~F ORIVEn LICENSING
OrPAnTMr:Nr or TRANSPORTATION
!. 1'011 11:1\'/' alltilll III ,~11'(l,11 tll!l'l' COllrt,llt C'Jnlll;<'1l PI~~.'$
ut 11111 C1ll'lIly ul ~'\llll 't\~il\h:lli~11 within thirty t~lll) d:n-S;{lf
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\':111 Iltl 'l'II\~',lakd P'Hl1ltlll!.;1 tllLII d"'('l~;t,,ltl tlY lho C~llHI. I
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CRIDIT HILL NOT 810m LllIIIL L1(IIiSII~ PIt.IIVID BY nURUU,
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OFFIOIAL
NOTICE
BIRrH DATE 12-19-61
DPERATOR ND 19~1109\ 01
I ~OC~SlIl 90-Z4I
I UL DAT!:' UP 12 1990
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MICijAEL J WeiSHAUPT
~a~ w MARTIN AVE
PO "bOX Ita
$HIPPENSBUR~~A ~7a57
LICENSE IN BUREAU
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tt0247-427-20
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AS A RESULT OF YOUR CONVICTION ON 07-17-1990 OF VIOLATItlG
, SECTICIIf S7U OF THE VEHICLE CODE ON 02-09-1990.
YOUR .,RIVING PRIVILEGES ARE lUNG SUSPENDED FOR A PERIOD. OF 1
~ YUR .',S MANDATED IY SECTION 1532' I OF THE VEHICLE CODE.,
!
I ' YOUR'DRIVINO PRIVILEOE HILL, tillr IE RESTORED 'UNTIL YOU P~OVIDE PROOF
~O 1MII DEPARTMENT THAT ALL MOTOR Yf,HICLES REGISTERED IN YOUR NAME ARE COVERED
IV A 1I0TOR VEHICLE LlAIIL ITY IIlSURANCE POLICY 01< IY A PROORAM OF
, SELF-l;NSURANCE APPROVED IY TNE DEPARTMENT. .
TMIS INSURANCE INFORMATION HILL NOT IE ~CCEPTED MORE THAN II) MONTN
IUOR'~ THE ~L'lOIlILITY DAff OF TNE RE5TORATlON OF YOUR DRIVING PRIVllEOE
..
, ,
,I YOU HILL NOT IE PERMITTED TO'OPERATE A MOTOR VEHICLE UNTil YOU MEET
. AL.L R1IQUIREMEHTS AS STATED AIOVE. I , " "
.
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! I IIARNING. IF YOU ARE CONVICTED FOR DRIV1NO HHILE YOUR LICENSE IS . I
I I, ~IUSf'ENDED, THE PENALTIES HILL IE, NOT LESS THAN 90 DAYS IMPRISONMENT, I
',I _NO A .1.000.00 FINE AND AN ADDITIONAL I YEAR SUSPENSION, I
...~........~..............................................................
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IF'illC~~VE DATE 07'~7/~"0 ~i! O~ A.M. .
1UI....J.".......lI....".................. x....... .,. KU.... x.... II......... .iI....
PLEJ,$I '$[E THE ENCLOSED APPLICATION FOR, ADDITIONAL RESTORATION FEE INFORMATION
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... T'lnlHll..ton Ind 'Irtl, B\llIdlng ,
. "'........./"10: 'I. H."I....'., M 171~0
Toll ,," - 1100I931"
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Phil. A,.. .. Ilta) .....100
. . LOClI - II.n III.3Il0
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, '\ DIRECTOR:.
BUREAU OF DRIVEh LICENSING
OEPARTMaNT OF TRANSPORTATION
[Y-~ ;;ev~-~I~itq apPOIllO ihs Court 01 Common PI...
01 Ihe counly 01, your resldenc. within thirty (30) dlY' 01
tho MAIL dale 01 Ihle notice, II you ippell. your license '
. will be relnet8led pending a Ilnll decision by the Court
_.._.. ...- ------....,- ...-------..---.---.--
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CO....O"w.,...," 0' 'IHNln.WNIA
DI'A.'r.lIN' 0' '.ANPOIf.'fOH
IU."U 0'. D.IV" UCINIINO
"A..IIIU.O, "NNI",VANIA 'P'.
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CIRTIFICATION
STATIMINT
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Do..__~~_L~?' 1994
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In compllenc. wllh your "QUilt, I h.,.by clrtlfy Ihlll hav. ceusad a surCh 10 be made 01 Ihe IIIIS 01 Ihe Dlpartment 01
T'lnspo"llIon, and h.r.wlth II . Irue ,.cord In Ihl! name of:
Michael J. We1shnupt 221 W Martin Ave I'll Ilox 6l SHlppenllburg,PA In57 PAGE 1/1
19518091
O'IAATOA NO,
CLollS 0' L1CINII
PUA'OIl 0' ~EOUIIT
Dolfi
IICTION
VIOLATION
10-18-81
3731
06-03-82
07-13-84
3323
10-30-84
3361
06-23-85
3362
10-03-86
3362
09-27-89
02-09-90
3362
3731
DolTI OF IIATH
L
12-19-61
Tin I NO ___,_
(~.INIUAANCI. C .CAIDIT, I.UI'LOYlIINT, L. LIDolL, M. OTHIAI
VIOLATION
driving under the influ-
ence of alcohol or con-
trolled substance
stop signs & yield signs
Point credit
Driving vehicle at safe
speed
Maximum speed limits
Point Credit
Maximum speed limits
Point credit
Maximum spe~d limits
Driving under the influ-
ence of alcohol or con-
trolled substance
ACTION TolKIN IY Dl'olATlIINT
Paced on A.R.D - No Action
Point letter mailed
+(3)
Official Notice of recall effective
8-27-84 until sntlsfactory evidence
is presented as to proof of competency
Restored 10-18-84
No violation one year 06-03-84
Point letter mailed
-(3)
+(2)
Exam letter mailed +(4)
Exam Passed 12-27-85 -(2)
No violation one year 06,-23-86 -(3)
Point letter mailed +(4)
No violation one year 10-03-88 -(5)
Point letter mailed +(3)
Official Notice of suspension dated &
mailed 9-12-90 effective 7-17-90 for
I year
In coolpHance With your request. I hereby certify Ihat I have clused a search to be made 01 the flies 01 the Department 01
Transportation, and herew,th IS a true ,ecord In the name 01 the subject listed above.
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DIAECTOA, IUAUU 0' D~IVIA LICENSING
'or
Secret.ry or T"l'I.,or1.tlon
gmf
''''or'''1110'' reqU"'ed by:
Dolfi ___July .l3......!..994
COMMONWEALTH OF PENNSYLllolNIA so:
I h.rebv cl!rtr'v that Douglas It( Tobin, Dlrletor Qf Ih. Bureau of 0'1\11' LicenSing records 01 the ~ennsy'~arlla Department of Trar'lSPOrlatlon
As l/'l~ Director of 1'& .for"'ld BUr.IY, I'll "'as legal custody 01 t"', Oflg!n.1 or mIcrofilm records which are reprOduced In t/"l. 3t1ached certilicatlon
IN TESTIMONY WHEAEOF, I HolVE HEAEUNTO SET MY HolND olND SEolL OF THIS DEPARTMENT THE DAY AND YEAA AFOAESAID.
SIAL ._-}/:::::;~Y~;~:S:~T~-;ION n_____
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PAGE 2
THREE YEAR DRIVING RECORD - JUN 30 1994 - LICENSE NUMBER 19~18091 CONT1NUED
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REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS
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NO MEDICALS OR DEPARTMENTAL AC'rIOllS DURING THIS REPORTING PERIOD
-------------------------------_.~-----------------------------------------------
REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS
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NO ACCIDENTS DURING THIS REPORTING PERIOD
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... END OF RECORD ...