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Home My WebLink About00-01115 , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, VS. : NO. 0:::2000 - / / /--S : CIVIL ACTION DAVID KOONlZ, PETITIONER ORDER OF COURT C;l>11 <-y~ AND NOW, this ~day of /JJII/r ), .2000, after consideration of the facts set forth in the attached Petition and upon the motion of t-l. Anthony Adams, ,Attorney for Petitioner, a hearing is scheduled for th~day gt.. PIP", L .2000, atf/: ~ o'clock1Lm., in Courtroom Number~ of the Cumberland County Courthouse, Carlisle Pennsylvania. . - , ~~~ a"';;c~ ",' ,/" / 1-DO J.... J It.. ...(\Sf....1. .~(. 1) Cflvr N07I" J';: ~(r~~ ~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, .2/77.1-"0 - J J IS d:...J. T.M- : NO. VS. : CIVIL AmON DAVID KOONTZ, PETITIONER PETITION TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE Now comes the Petitioner, David Koontz, by and through his attorney, H. Anthony Adams, and sets forth the following. 1. Petitioner is David Koontz, an adult individual who resides at 15 Larch Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Petitioner is a licensed motor vehicle operator pursuant to operators license number 19667265. 3. The Department of Transportation issued a letter on February 1, 2000 recalling the driving privilege of David Koontz stating that he has a seizure disorder. 4. Although Mr. Koontz was involved in an auto accident twenty (20) years ago, after which he suffered a mild stroke, he has never had a seizure disorder. , , 5. Mr. Koontz was recently treated at the Chambersburg Hospital Emergency room, however, if this treatment diagnosed a seizure it is suggested that it is an error. 6. David Koontz is competent to drive an automobile and the acts of the Department are in error and further violate due process. Wherefore, Petitioner prays your Honorable Court reverse the Pennsylvania Department of Transportation's recall of his driving privilege. Respectfully submitted, ,\~C)'- ~ H. Anthony Adams, Esquire Attorney for Petitioner 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: JJ ~< I DD ( ./{ 8-- David Koontz - Fei:; 22 00 08:26a Robin Beam 717 532-8878 p.3 O~fO~JOO 14:06 FAX 7175328220 N.l.L!GLE'IIDTORS ~o} reca1szr '''.~~..:~+. -' I l',~ ':--:t~~~:...:.;"_:,~~.~:.,,,~ .' r COMMONWEALTH OF PBNNSYLV ANIA DEPARTMENT OF TRANSPORTAl"lON . ~-, Buf:ea.'u of lhiver Liceit$ing ,. ~ . Mail Date: February I, 2000 DA VI!) KOONTZ 15 LARCHDRIVE SHlPPENSBURG PA 17257 Dear Mr. DA VII) KOONTZ: We have received medical information indicating that you have a Seizure Disorder condiriof1 which prevenlS1'ou-from snfe!y operating a motor vebicle.. As of 0310712000. you may no longer drive. Y OIlr driving privilege is hereby recalled indefinitely as mandated by Section J,519{c) ofilie Vehicle Code. Tills decision bas been made by comparing your medic::u condirion wirh the standards recommended by our Medical Advisory Board and adopted by this Dejiaitiiient. This acti on will remain in effect until we receive medical information that your condition has improved and you are able to safely opcrarc a mDlOr vehicle. Since you have.a seizure dfsorder, you rmi.st remain 's~h~ul~ free for a six month period. WJ,h or without mediC-dIson, befor~ you will be eligible'for reinstatement of your driving privilege OUf records mdicate that your ::;ei7~ure occurred on 1/9/QQ. In order to comply wi\h this action, you must return all current Pennsylvania driver's liccn,,,~, learners permits, temporary driver's licenses (camera cards) in your po5se.ssion, on or bCf('I'" Ihc effective date listed above. If you cannot comply with the ~quirernents stated above. a .W Clm affidavit slaling that you are aware of {he sanction against your driving privIlege rnUlu be ~ubmitted. When the Depanment receives your license or affidavit, we wil1 ~end you a re"t:ipt. YOU MA Y NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obt"in a photo identification eard at any Driver License Cen~er. You must present two (2) fOJ]ns of proper idenrification (e,g., bilth certifJI:ate, vwd U.S, passpOrt. marrillge cenificate, etc.):in order to obtain your photo identlfkarion card. You have the right to appeal 10 the Court of Common Pleas (Civil Division) within thirty (30) day' of the mail date of this notice, If you file an appeal in the County Court. the Court will give you a [i,TJl:e-stam~d certified copy of tbe appe;.al. Tn order for your arpeaJ 10 be valid. you mn~t send Ibis time-stamped certified eopy of the appeal by certified mail to: . ~2-22-00 09:53 RECEIVED FROM:717 532 8879 P.03 Feb 22 OQ 09,27... Robin Beam 717 532-8879 p.4 0.2 (O:J;I'"O-O 14;t)1) F"AX. ,.1753.282.21) NAlIG1E MDTDRS IdJ02 "', , ,'-t!-~-{L~i&X..C Pennsylvania Department of Transportation Office of Chief Couosel Third floor. Riverfront omc~ Center '. .. Hamsburg, PAt 7 J (}4 You still mUSt send in your license before the effective date of recall unless you appear in person before ajudge and receive an order pennilting you to continue driving. If you Mve any questions Or need further information, please conbct me Medical Unit, P.O. Box 68682, Harrisburg. PA 17106'8682 or call (717) 787.9662 between rhe boors of 8.00 a.m. .111d 4:30p.m. Since:rely~ ~~.~ Rclx.'CCa L. Bickley, Director Bureau of Driver Licensing Driver License tf; 19667265 e2-22-tHl e9:54 ',RECErVED FROM:?I? 532 88?9 p.e4 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: 2/25/00 ~1.lCQO~ Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 p tJ "60, 1t 'i ~ ~ 6 D '.9. ~ ~~ o ~ C) CY I ~:; ;~-: -:T_, , r;~, ,": : -",,'-" ~D~ p~-, <" , p::~ ~+ --:t:- " c' .--" ........ (:.: i.......; <<q ---; r.:o :::n N cccl.,";~,~8 '-}-' ~;~f~ 'n -- ~?) ~n' ::<:::i ~~ -<.: (]) =< ---; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, : NO. 2000-1115 Civil Term VS. : CNIL AmON DAVID KOONTZ, PETITIONER PRAECIPE TO THE PROTHONOTARY: The above captioned matter having been resolved, please withdraw the appeal filed in the above captioned case. Respectfully submitted, J~~t? H. Anthony Adams, EsqUlr Attorney for Petitioner 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with fir5t class postage prepaid as follows: Honorable Edward Guido Judge Court of Common Pleas Cumberland County Courthouse Carlisle, PA 17013 George Kabusk, Esquire Department of Transporation 1101 South Front Street Harrisburg, PA 17104-2516 Date: 3/15/00 ~]\~ Legal Assistant for H. Anthony Adams, Esquire 128 E; King Street Shippensburg, PA 17257 (717)-532-3270 0 Cl 0 , c: c::> -n -0"- ~ ::::l "TIc-r] - """ _L:n r:JCn ;;:0 rnr- ~'Om gt 0' -'-JO 06 ~~l-. -0 -,- :il .::-:; .... '40 'g;~ ~ <SIn -'-l .<>, ~ -< 0' " "".- ~il:1",tfI<'~ i-f'; Lt.tli- . i r~~-..: ~. . ~ t'..Cc: . I . . \ . . '-.-; ... . ---------~ ,-c, -." ",:,,;~, . ;. / IN THE COURT OF COMMON PLEAS / OF CUMBERLAND COUN1Y - PENNSYLVANIA . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, DAVID KOONTZ, PETITIONER : CIVIL . PRAECIPE TO THE PROTHONOTARY: The above captioned matter having been resolved, please withdraw the appeal filed in the above captioned case. Respectfully submitted, ~ H. Anthony Adams, Esquire-"" Attorney for Petitioner 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 , --' , ~ . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the per50ns in" the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Honorable Edward Guido Judge Court of Common Pleas Cumberland County Courthouse Carlisle, PA 17013 George Kabusk, Esquire Department of Transporation 1101 South Front Street Harrisburg, PA 17104-2516 Date: 3/15/00 ('\ \JtlLLUl-Y\- Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270