HomeMy WebLinkAbout01-03494
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01-1766 CIVIL TERM, &
NO. Ol - 3'f C{'f
LICENSE RECALL APPEAL
DUANE L. LEBO,
v.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
ORDER
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AND NOW, this day of
filed in the above referenced matter is:
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. 2001, the appeal
X REMANDED to the Department of Transportation for corrective action
reflecting that the Petitioner has complied with the Department's
requirements to establish his medical competency to drive safely.
DISMISSED and the recall of Petitioner's license which is the basis of
this appeal shall be REINSTATED.
SUSTAINED.
WITHDRAWN.
CONTINUED AND RESCHEDULED FOR THE
,2001, AT _.m., IN
COURTROOM NO. OF THE CUMBERLAND COUNTY
;;$T HOUSE, CARLISLE, PA.
[;0-fG~ BYTHE COURT,
DAY OF
ATTEST:
Copies to: David E. Hershey, Esq., MANCKE, WAGNER, HERSHEY & TULLY, 2233 N. Front
Street, Harrisburg, PA 17110
Terrance M, Edwards, Esq., Office of Chief Counsel, Penn DOT, 3rd Floor,
1101 S. Front Street, Harrisburg, Pennsylvania 17104-2516
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0/- '3L/1Y
DUANE LEBO
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE RECALL APPEAL
ORDER OF COURT
AND NOW, this day of ,2001, upon consideration of Petitioner's appeal
herein, and noting further that counsel for Petitioner and counsel for the Department of
Transportation have stipulated that this matter is germane to the matter that the court is schelduled
to hear at the companion docket of 01-1766 Civil on June 8, 2001, IT IS HEREBY ORDERED
AND DECREED that a hearing relative to Petitioner's supersedeas request will be held on Jlme
8, 2001 as well as the merits of the case herein, No decision on Petitioner's request for a
supersedeas relative to the present action will be rendered prior to said date,
BY THE COURT:
The Honorable Kevin A, Hess
Distribution:
Prothonotary's Office
Office of Chief Counsel, Penn DOT
1101 S, Front St., Harrisburg, PA 17104-2516
David E. Hershey, Esquire
22:33 N, FrontSt., Harrisburg, PA 17110
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL\lAr~IA
NO. 0/- 3yQ<{ rlxi -r~
DUANE LEBO
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE RECALL APPEAL
LICENSE RECALL APPEAL
AND NOW, comes Petitioner, Duane Lebo, by and through his attorneys, Manc:l<e, Wagner,
Hershey & Tully, and makes the following averments in support of this License Recall:
1, Petitioner, Duane Lebo, is an adult individual and a Pennsylvania licensed driver
with a residence address of 661 West Old York Road, Carlisle, Cumberland County,
Pennsylvania 17013,
2, Respondent, Pennsylvania Department of Transportation, Bureau of Driver
Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1 '10"
South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-25'16,
3,. Petitioner received a notice of license suspension by way of letter date(ll\i1ay :26.,
2001 from the Department of Transportation indicating that his Pennsylvania driving
privileges are to be recalled on June 30, 2001. See Exhibit "A" attached hE~mlo and
incorporated herein by reference,
4, The specific issue complained of by the Department of Transportation was 111"t
Petitioner "has seizure disorder and cardiovascular disease conditions ill.it co uld
affect your ability to drive,"
5, The Departmenfs recall action is illegal, improper, and invalid for some or all of the
following reasons:
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a, Petitioner's seizure condition does not prevent him from safely operating a
motor vehicle due to a consistent prolonged aura which precedes his
seizures.
b, Petitioner's episode of May 22, 2001 which triggered the Department's
notice was preceded by sufficient warning or aura, therefore, no motor
vehicle was involved;
c, According to Petitioner's neurologist, who is aware of the May 2, 2001
incident, he is safe to operate a motor vehicle notwithstanding any pre-
existing medical condition;
d, Petitioner's neurologist has testified in his deposition that Petitioner has a
sufficient prolonged aura accompanied by sufficient warning which has bE~en
established over the past five (5) years, (See 67 Pa,Code ~83,4(c:)(2)),
e, Penn DOT's six month seizure-free policy is neither codified by statute or
regulation;
f, Medical testimony will establish that Petitioner has established a sufficient
history of warning prior to his seizure episodes to fulfill the waivElr
requirements of the Department's regulations pertaining to epilepsy;
g, Dr. Dell, Petitioner's other primary care physician, has examined Petitioner
and notified PennDOT in writing that Petitioner's cardiac condition does not
render him unsafe to operate a motor vehicle; and
h, The Department's action is in violation of Petitioner's rights under the
Americans with Disabilities Act, the Federal Rehabilitation Act of 1973, lmd
the Pennsylvania Human Relations Act because Petitioner is an individual
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affected with a disability and the Department of Transportation, as an entity
receiving government funding, is therefore subject to the provisions of the
above three mentioned Acts.
WHEREFORE, Petitioner respectfully requests that this Court issue a stay on the
Department of Transportation's proposed action recalling his license effective June 30, 2001 and
schedule a hearing to determine the validity of the suspension proposed by the Department in
Exhibit "A",
Respectfully submitted,
MANCKE WAGNER HERSHEY & TULLY
Date: 06/06/01
By
Davi , Hershey, Es
I.D, #43092
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
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CERTIFICATE OF SERVICE
I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHI,:V I~ TULI_ Y,
hereby ,:ertify that I am this day serving a copy of the foregoing document to the attomeys (lr
parties of record in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United Steit!!!; Mail,
postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of May, 2001, at the address lislted
below:
Terence Edwards, Esquire
Office of Chief Counsel
PA Department of Transportation
Riverfront Office Center, Third Floor
1101 South Front Street
Harrisburg, PA 17104-2516
By:..~A~LtJ~
Tammy L. Kelly
MANCKE WAGNER HERSHEY & TULLY
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct to tile best
of my knowledge, information, and belief. I understand that false statements herefin am madl~
subject 0 the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities,
DatEl: O~/ OS/ol
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DUANE LEBO
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Llcenslng
Mail Date: May 26, 2001
DUANE LEBO
661 W OID YORK RD
CARUSLE PA 17013
Dear Mr, DUANE LEBO:
We have =ei ved medical information indicating that you have Seizure Disorder and
Cardiovascular Disease conditions which prevents you from safely operating a motor vemcle.
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As of 06130/2001, you may no longer drive. Your driving privilege is hereby recalled
indefinitely as mandated by SectioD 1519(c) of the Vehicle Code. '
This decision bas 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 operare a motor vehicle.
Since you have a seizuu> disorder, you must remain seizure free for a six month period, with or
without medication, before you will be eligible for reinstatement of your driving privilege. Our
records indicate that your seizure occurred on 51210 I,
In order to comply with this action, you must return all current Pet)1lsylvania driver's acenses,
leamer's permits, temporary driver's licenses (camera cards) in your possession, on or before the
e;ffective date listed above. If you cannot comply with the requirements stated above, 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 DRIVEll'S LICENSE FOR IDENTIFICATION
PURPOSES. Howeve(, you may apply for and obtain a photo identification card at any DriVel:
Ilcense Center, You must present two (2) forms of proper identification (e.g., birth certificate,
valid U.S. passport, maniage certificate, etc.) in order to obtain your photo identification card.
You have the right to appeal to the COUIt of Common pleas (Civil Division) within thirty (30)
days of the mail date of this nolice. If you file an appeal in the Counly Court, the CoUIt will give
you a lime-stamped certified copy of the appeal, In order for your apveal to be valid, you must
send this time-stamped certified copy of the appeal by certified mail to:
'" EXHIBIT
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Jun~04-!OOl ,11:130 From-
o
T-150 P,003/010 F-767
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Oruce Center
Harrisburg, PA 17104
You still must send in your license before the effective date of recall unless you appear in person
before ajudge and receive an order pennirting you to continue driving.
}fyou 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.rn,
Sincerely, '
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Rebecca L. Bickley, Director
Bureau of Driver Licensing
Driver license #;
15713702
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DUANE LEBO
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, IJII- 349'-1
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE RECALL APPEAL
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration of Petitioner's appeal
herein, and noting further that counsel for Petitioner and counsel for the DEJpartment of
Transportation have stipulated that this matter is germane to the matter that the COLlrt is si:I"leduled
to hear at the companion docket of 01-1766 Civil on June 8, 2001, IT IS HEREBY ORDERED
AND DECREED that a hearing relative to Petitioner's supersedeas request will be held e.n Jlme
8, 2001 as well as the merits of the case herein. No decision on Petitioner's request for a
supersedeas relative to the present action will be rendered prior to said date.
BY THE COURT:
The Honorable Kevin A, Hess
Distribution:
Prothonotary's Office
OffiGe of Chief Counsel, Penn DOT
1101 S. Front 8t., Harrisburg, PA 17104-2516
David E. Hershey, Esquire
22:33 N. Front St., Harrisburg, PA 17110
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DUANE LEBO
IN THE COURT OF COMMON PL.E':AS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE RECALL APPEAL
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AND NOW, comes Petitioner, Duane Lebo, by and through his attorneys, ~e, ~gr\~,m
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Hershey & Tully, and makes the following averments in support of this License Recall: -s -<
LICENSE RECALL APPEAL
1. Petitioner, Duane Lebo, is an adult individual and a Pennsylvania Iie,msad drivelr
with a residence address of 661 West Old York Road, Carlisle, Cumberland Count)/',
Pennsylvania 17013.
2. Respondent, Pennsylvania Department of Transportation, Bureau of Drivelr
Licensing, has a mailing address at Riverfront Office Center, Third Floor, '1'101
South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2:5'16,
2;, Petitioner received a notice of license suspension by way of letter dated May 26,
2001 from the Department ofTransportation indicating that his Pennsylvania driving
privileges are to be recalled on June 30, 2001, See Exhibit "A" attache"j I-N~neto and
incorporated herein by reference.
4, The specific issue complained of by the Department of Transportation IIII'clS tl1at
Petitioner "has seizure disorder and cardiovascular disease conditions '111<11 could
affecl your ability to drive,"
E., The Department's recall action is illegal, improper, and invalid for somE> or all of thl~
following reasons:
()
a. Petitioner's seizure condition does not prevent him from safely operating a
motor vehicle due to a consistent prolonged aura which precedes 11is
seizures.
b. Petitioner's episode of May 22, 2001 which triggered the Department's
notice was preceded by sufficient warning or aura, therefore, nCI motor
vehicle was involved;
c, According to Petitioner's neurologist, who is aware of the May 2, 2001
incident, he is safe to operate a motor vehicle notwithstanding any pre-
existing medical condition;
d, Petitioner's neurologist has testified in his deposition that Petitioner has a
sufficient prolonged aura accompanied by sufficient waming which has belen
established over the past five (5) years, (See 67 Pa,Code ~g3A(c:)(2)),
e. Penn DOT's six month seizure-free policy is neither codified by statute! or
regulation;
f. Medical testimony will establish that Petitioner has establishecl a sufficient
history of warning prior to his seizure episodes to fulfill the waiver
requirements of the Department's regulations pertaining to epilepsy;
g. Dr. Dell, Petitioner's other primary care physician, has exarninr::ld Petitioner
and notified Penn DOT in writing that Petitioner's cardiac condition does not
render him unsafe to operate a motor vehicle; and
h. The Department's action is in violation of Petitioner's rights under the
Americans with Disabilities Act, the Federal Rehabilitation Act of 19'1:3, Bind
the Pennsylvania Human Relations Act because Petitioner is an individw,i1
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affected with a disability and the Department of Transportation, as an entity
receiving government funding, is therefore subject to the provisions of the
above three mentioned Acts,
WHEREFORE, Petitioner respectfully requests that this Court issue a stay em the
Department of Transportation's proposed action recalling his license effective June 30, 2001 ~md
schedule a hearing to determine the validity of the suspension proposed by the Department in
Exhibit "A",
Respectfully submitted,
MANCKE WAGNER HERSHEY & TULLY
Datu: 06/06/01
By
Davi . Hershey, Es
I.D.#43092
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
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CERTIFICATE OF SERVICE
I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHE,'\" /~ TULI..Y,
hElrElby certify that I am this day serving a copy of the foregoing document to the attClmeY~i or
part;es of record in the manner indicated below, which service satisfies thl~ requiremE:ii'lt::; of t.he
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United SlaW!; Mail,
postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of May, 2001, at the, addmss lislted
below:
Terence Edwards, Esquire
Office of Chief Counsel
PA Department of Transportation
Riverfront Office Center, Third Floor
1101 South Front Street
Harrisburg, PA 17104-2516
BY:_'~ A ~ Lfl ~
Tammy L. Kelly
MANCKE WAGNER HERSHEY & TULLY
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct 11:1 tile bt'lst
of my knowledge, information, and belief, I understand that false statements herelin am made
subject () the penalties of 18 Pa,C,S, 94904 relating to unsworn falsification to alJthorities,
DatE!: Old/ o~/o/
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DUANE LEBO
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Burellu of DrIver Ucenslng
M.ail Date: May 26, 2O(J1
DUANE LEBO
661 W OlD YORK RD
CARLISLE PA 17013
DelU'Mr. PUANELEBO;
We ba"e ~eived medical jnfo1'1:llation indicating tbat you have Seizure Disorder and
Cardiovascular Disease conditions which prevents you from safely operating a molor vehicle.
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As of 06/30/2001, you may no longer drive. Your driving privilege is heJ:eby recalled
indefmitely as mandated by Section 1519(c) of the Vehicle Code. '
This decision has been made by comparing your medical condition with the standards
reco.1:\l:Inllnded by our Medical Advisory Board and adopted by this Department. This action will
remain in effect until we receive medical infoIllllltion that your condition has improved and you
are able to safely operate a moror vehicle.
Since you have a Selzllre disorder, you must remain seizure free for a six month period. with or
without medication, before you will be eligible for teillStatement of your driving pri"ilege. Our
records indicate that your seizure occurred on 5/2/01.
In order to comply with this action, you must :return all =nt Pennsylvania driver's licenses,
learner's pennits, IeI!1porary driver's licenses (camera cards) in yotlr possession, on or before the
effective date listed above. If you cannot comply with the requirements stated above, 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 i\oiAY NOT RETAIN YOUR DRIVER'S LICENSE FORIDENTIFlCATION
PURPOSES. However, you may apply for and obtain a photo identification card at any Driver
License Center. You must present two (2) fOTIns of proper identification (e.g.. birth certificate,
"alid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card.
You have the right to appeal to the Court of Common Pleas (Civil Division) within thirty (30)
days of the mail date of this notice. If you file an appeal in th<; County Court, the Court will give
you a time-stamped certified copy of the appeal, In order fot your appeal to be valid. you must
send this time-stamped certified copy of the lI{lpeal by certified mail to:
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Jun-D4-2001 11:13
From-
T-250 P,003/010 F-767
Pennsylvania Department ofTrallspOltadon
Office of Chief Counsel
Third Floor, Riverfront Office Center
Hanlsburg, PA 17104
Y 011 still must send in your license before the effective dale of recall unless you appear in person
before II judge and receive an order pennirting you to continue driving.
If you have any questions or Ileed further infonnation, please contact the Medical Unit, P.O. Box
68682, Harrisburg, PA 1710&-8682 or call (717) 787-9662 between the hours of 8:00 a.m. and
4:30 p.m,
Sincerely, '
~~,.~
Rebecca 1. Bickley, Director
Bureau of Driver Licensing
Driver License #;
15713702
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENI'~SYLVAr'JIA
NO. C}I 3Y'9<f
DUANE LEBO
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
LICENSE RECALL APPEAL
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration of Petitioner's appeal
herElin, and noting further that counsel for Petitioner and counsel for the De'partment of
Transportation have stipulated that this matter is germane to the matter that the COLlrt is scheduled
to hear at the companion docket of 01-1766 Civil on June 8, 2001, IT IS HEREBY ORDERED
AND DECREED that a hearing relative to Petitioner's supersedeas request will be tleld e,n JLine
8, 2001 as well as the merits of the case herein, No decision on Petitionerll request for a
supE>rsedeas relative to the present action will be rendered prior to said date.
BY THE COURT:
The Honorable Kevin A. Hess
Distribution:
Prothonotary's Office
Offi(;e of Chief Counsel, Penn DOT
1101 S, Front 51., Harrisburg, PA 17104-2516
David E, Hershey, Esquire
22:33 N, Front St., Harrisburg, PA 17110
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DUANE LEBO
IN THE COURT OF COMMON PLE':AS
CUMBERLAND COUNTY, PENNSVLVAhll,l\
v,
NO,
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
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LICENSE RECALL APPEAL -of'D <- :~J
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AND NOW, comes Petitioner, Duane Lebo, by and through his attorneys, Man(:;k~W.Elg1'im',-<
LICENSE RECALL APPEAL
Hershey i3. Tully, and makes the fOllowing averments in support of this License Recall:
1, Petitioner, Duane Lebo, is an adult individual and a Pennsylvania lic~m:sed drivElr
with a residence address of 661 West Old York Road, Carlisle, Cumberilancl County,
Pennsylvania 17013,
2, Respondent, Pennsylvania Department of Transportation, Bureau of DrivElr
Licensing, has a mailing address at Riverfront Office Center, Third FiCiCII', '1'10'1
South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-25'113.
2" Petitioner received a notice of license suspension by way of letter date,d May 2€l,
2001 from the Department of Transportation indicating that his Pennsylvania dri1Jin!~
privileges are to be recalled on June 30, 2001, See Exhibit "A" attache,d rll~r(~to and
incorporated herein by reference,
4, The specific issue complained of by the Department of Transportation WClS tl"lat
Petitioner "has seizure disorder and cardiovascular disease conditions that could
affect your ability to drive."
5,. The Department's recall action is illegal, improper, and invalid for some or all of I:hl~
following reasons:
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a, Petitioners seizure condition does not prevent him from safell' opemting a
motor vehicle due to a consistent prolonged aura which precedes his
seizures.
b. Petitioner's episode of May 22, 2001 which triggered the Department's
notice was preceded by sufficient warning or aura, therefore, no motor
vehicle was involved;
c. According to Petitioner's neurologist, who is aware of the May 2, 2001
incident, he is safe to operate a motor vehicle notwithstanding any prEl-
existing medical condition;
d. Petitioner's neurologist has testified in his deposition that Petitioner has a
sufficient prolonged aura accompanied by sufficient warning wh ich l,a5 been
established over the past five (5) years. (See 67 Pa.Code ~83.4(G)(2)),
e. Penn DOT's six month seizure-free policy is neither codified by statute or
regulation;
f. Medical testimony will establish that Petitioner has established a sufficili!nt
history of warning prior to his seizure episodes to fulfill the waivElr
requirements of the Department's regulations pertaining to epilepsy;
g. Dr. Dell, Petitioners other primary care physician, has examined Pe,titiOl1Elr
and notified PennDOT in writing that Petitioner's cardiac condition does 110t
render him unsafe to operate a motor vehicle; and
h, The Department's action is in violation of Petitioner's righ:ts under 1:111,
Americans with Disabilities Act, the Federal Rehabilitation Act of '197:3, /md
the Pennsylvania Human Relations Act because Petitioner is an individual
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affected with a disability and the Department of Transportation, as an entity
receiving govemment funding, is therefore subject to the provisions of the
above three mentioned Acts.
WHEREFORE, Petitioner respectfully requests that this Court issue a :stay on the
Department of Transportation's proposed action recalling his license effective Jun,a ~IO, :WCl1 !md
schE~dule a hearing to determine the validity of the suspension proposed by the Di:lpartment in
Exhibit nAn.
Respectfully submitted,
MANCKE WAGNER HERSHEY & TULLY
Date: 06/06/01
By
Davi . Hershey, Es
I.D.#43092
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
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CERTIFICATE OF SERVICE
I, Tammy L Kelly, an employee of the law firm of MANCKE WAGNER HERSHI::Y I~ TULLY,
hem by certify that I am this day serving a copy of the foregoing document to tile attomeYEi or
parties of record in the manner indicated below, which service satisfies the requiremenli;; of I:he
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United StatE~s Mail,
poslage prepaid, at Harrisburg, Pennsylvania, on the 6th day of May, 2001, at thel address listed
below:
Terence Edwards, Esquire
Office of Chief Counsel
PA Department of Transportation
Riverfront Office Center, Third Floor
1101 South Front Street
Harrisburg, PA 17104-2516
BY:.~ A n Yl k- ~ ~ e J J
Tammy L Kelly ~(f
MANCKE WAGNER HERSHEY & TULLY
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct to 1:1'le bt'lst
of my knowledge, information, and belief. I understand that false statements hl3rElin am made
subject () the penalties of 18 Pa.C.S, 34904 relating to unsworn falsification to alJthorities,
Datu:.o"'/O:1'/o/
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DUANE LEBO
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUrellu of Driver Ucensing
Mall Date: May 26, 2001
DUANE LEBO
661 W OW YORK RD
CARLISLE PA 17013
D= Mr. DUANE LEBO:
We have received medical information indicating that you have Seizure Disorder and
Cardiovascular Disease conditions which prevents you from safely operating a motor vebicle.
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As of 06130/2001, you may no longer drive. Your driving privilege is h=by recalled
indefinitely as mandated by Section 1519(c} of the Vehicle Code. '
Tbis 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 infonnatiOl:l thai: your condition has improved and you
are able to safely operate a motor vehicle.
Since you have a seizure diso,rder, you must remain seizure free for a six month period, with or
without medication. befOre you will be eligible for reinstatement of your driving privilege. Our
records indicate that your seizure occurred on 5/2/01.
In order to comply with this action, you must return all CWJ:ent Pennsylvania driver's licenses,
learner's permits, teqJporary driveA's licenses (camera cards) in your possession, on or before the
effective date listed above. If you cannot comply with the requitements stated above, a sworn
affidavit stating that you are aware of the sanction against your driving privilege must be
submitted. When the Deplll1:lllent receives your license or affidavit, we will send you a receipt.
YOU MA'l" NOT RETAlN YOUR DRIVER'S LICENSE FOR lllENTIFICA nON
PURPOSES. However, you may apply for and obtain a photo identification card at any Priver
License Center, YOll must present two (2) forms of proper identification (e.g.. birth certificate,
valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card.
You have the rigbt to appeal to tbe Court of Common Pleas (Civil Division) within thirty (30)
days of the mail dale of tbis 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 certified copy of the appeal by certified mail to:
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Jun-D4-2001 11 : 13
From-
7-250 P,003/010 F-767
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Ofoce Center
Hardsburg, PA 17104
You still must send in yonr license before the effective dale of recall unless you appear in person
before a judge and receive an order pennitting you to continue driving.
If you have any questions or need further infonnation, please contacl the Medical Unit, P,Q. Box
68682, Harrisbnrg, PA 17106-8682 or call (117) 787-9662 between the hours of 8:00 a.m. and
4:30 p.m.
Sincerely, ,
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Rebecca L. :Bickley, Director
Bureau of Driver Licensing
Driver License #:
15713702
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