Loading...
HomeMy WebLinkAbout03-1931IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondem, VS. DEBORAH VISONE Petitioner, 'No. dP3 - Iq Jr PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION RECAI J,1NG OPERATOR'S LICENSE TO THE HONORABLE JUDGES OF SAID COURT: 1. Your Petitioner, DEBORAH VISONE, is an adult individual currently residing at 1061 Allendale Road, Apartment M, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner received an Official Notice of Suspension from the Pennsylvania Department of Transportation notifying her that her present operator's privilege, bearing Driver's License Number 19500236, was being recalled indefinitely effective May 5, 2003 pursuant to Section 1519© of the Vehicle Code, because she allegedly has a medical condition that disqualifies her from having an operator's license. A true and correct copy of said letter dated March 31, 2003, is attached hereto, made a part hereof and attached as Exhibit "A". 2. The Notice of Suspension is insufficient as a matter of law and violates due process under the Pennsylvania and United States Constitutions. 3. Said recall is not supported by the evidence and is erroneous as a matter of law. The Petitioner pled guilty to a stop sign violation. However, before that incident, she had never had any chargeable accidents nor did she have any other traffic violation convictions. The COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee V DEBORAH VISONE, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1931 CIVIL TERM IN RE: APPEAL FROM LICENSE SUoPENSION ORDER OF COURT AND NOW, July 28, 2003, after consideration of the evidence presented on the petitioner's appeal from the PennDOT action of recalling her license, petitioner's appeal is dismissed and the PennDOT action is affirmed. Petitioner is directed to immediately Surrender her license in the Courtroom to the attorney for PennDOT who will see that it gets to the proper department. By the Court, George Kabusk, Esquire For PennDOT ~ichael D. Rentschler, For the Appellant :mtf Esquire documentation provided by the Department of Transportation does not reflect the medical condition that PennDOT states disqualifies her from having a license. 4. Said suspension is unconstitutional in that it violates due process and equal protection under both the Pennsylvania and United States Constitutions. 5. The recall should be lifted because it is not supported by the evidence. Consequently, there should be no recall of her license and her motor vehicle operating privileges should remain intact. 6. Said recall is contrary to law. 7. Said recall should be automatically stayed upon the filing of this petition and upon timely notice to the Department of Transportation. WHEREFORE, your Petitioner respectfully requests that the recall of Petitioner's operator's license be quashed and, in the interim, that this Honorable Court enter a stay of the recall of Petitioner's operating privileges pending this appeal. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717)975-9129 Attorney for Petitioner VERIFICATION I, the undersigned, verify that I am the attorney who represents Petitioner and, further, that I read the foregoing document to Petitioner and based upon that conversation, can verify that the statements made in the foregoing PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION RECALLING OPERATOR'S LICENSE are true and correct to the best of my knowledge, information and belief. I further certify that the Petitioner was unable to return to sign this verification and that I, as his attorney, have been authorized by him to sign. Michael D. Remschler, Esquire Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: March 31, 2003 DEBORAH VISONE 1061 ALLENDALE ROAD APT M MECHANICSBURG PA 17055 recallns Dear Ms. DEBORAH VISONE: We have received medical information indicating that you have a General Medical condition which prevents you from safely operating a motor vehicle. As of 05/05/2003, you may no longer drive. Your driving privilege is hereby recalled indefinitely as mandated by Section 1519(c) of the Vehicle Code. This decision has been made by comparing your medical condition with the standards recommended by our Medical Advisory,Board and adopted by this Department. This action will remain in effect until we receive medical information that your condition has improved and you are able to safely operate a motor vehicle. In order to comply with this action, you must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession off'or before the effective date listed above, ff you cannot comply with the requirements stated abbve, a sworn affidavit stating that you are aware of the sanction against your driving privilege'mUst be submitted. When the Department receives your license or affidavit, we will send you a receipt. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center. You must present two (2) forms of proper identification (e.g., birth certificate ~,:~ valid 'U.S. passport, man-iage certifiCate, etc.) in order to obtain your photo identification cai'rt. ~ You have the right to appeal to the Cour~ of Common Pleas (Civil Division) within thirty (30) days of the mail date of this notice. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 You still must send in your license before the effective date of recall unless you appear in person before a judge and receive an order permitting you to continue driving. If you have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, PA 17106-8682 or call (717) 787-9662 between the hours of 8:00 a.m. and 4:30 p.m. Driver License #: Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing 19500236 CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of Petitioner's PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION RECALLING OPERATOR'S LICENSE was served Certified Mail upon the following: PA Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 APR 2 8 Z0113 ~ IN THZ COU~T OB COMMON PLEAS OF CUi~ERLAND COLTNT¥, PEN-NS~¥_ANIA COMMONWEALTH OF PENNSYLVANIA, · DEPARTMENT OF TRANSPORTATION · Respondent, · No. VS. DEBORAH VISONE Petitioner, · AND NOW, this day of ,200~, upon consideration of the within PETITION FOR APPEAL FROM ORDER OF SECIIETARY OF TRANSPORTATION RECALLING OPERATOR'S LICENSE, a hearing is hereby scheduled to occur on [~ ~ , 2003,11:00/1 .M., Courtroom No. ,~ _ .w 11'_.~_ BY THE COURT, Distribution: Penn DOT Petitioner Michael D. Rentschler, Esquire Court Administrator