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HomeMy WebLinkAbout01-04883COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL 1101 SOUTH FRONT STREET, 3RD FLOOR HARRISBURG, PENNSYLVANIA 17104-2516 VOICE (717) 787-2830 TELEFAx(717)705-1122 October 12, 2001 Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Erin Ferguson v. Department of Transportation, Bureau of Driver Licensing 01-4883 Civil Term Dear Judge Guido: As Supervising Attorney, and as required by Pa. B.A.R. 322(a)(2), I give my approval, along with that of the Commonwealth of Pennsylvania, Department of Transportation, for Ms. Theresa I<insinger-Horvath, Certified Legal Intern, to represent the Department in the above-referenced matters. Sincerely, ~~ Harold H. Cramer Assistant Chief Counsel Vehicle and Traffic Law Division s'~ ,_ Supreme Court of Pennsylvania Shelley A. Carters, Esq. WCSCCtn D1SCZIC[ Deputy Prochooo[ary January 10, 2001 Patrira A. Honerd Clve[Clerk Harold H. Cramer, Esq. Asst Chief Cnsl Transportatn 1101 S Front Street 3rd FI Harrisburg, PA 17104-2516 RE: Kissinger-Horvath, Theresa No.2 INT 2001 Dear Attorney Cramer: 801 City-Cowry Building Pituburgll, PA 1s219 alzsbs2gls waw.eopc.org The above-named law student has been approved and certified under Pa. B.A.R. 321 and 322 by: Widener University -Harrisburg Fruth, Ann Elizabeth Dean as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character and competent legal ability, and as being adequately trained to perform as a legal intem as of January 10, 2001. Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 and 322, the above-named student has been certified as a legal intern and you have been approved to pertorm the duties of supervising attorney. WITNESS my signature and the seal of this Court, January 10, 2001 Very true yours, Sheila A. rrar Y Deputy Prothonot~ /elf cc: Ms. Ann Elizabeth Fruth ?~i~~ Dean Ms. Theresa Kissinger-Horvath ERIN FERGUSON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4883 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL IN RE: APPEAL DISMISSED ORDER OF COURT AND NOW, this 15th day of October, 2001, after hearing, the appeal from suspension of operating privileges is dismissed. Theresa Kinsinger-Horvath, Certified Legal Intern George Kabusk, Esquire Pennsylvania Department of Transportation For the Appellee Erin Ferguson 15 East Harmon Drive Carlisle, PA 17013 Appellant, Pro se ~~»,-~ ~nn_ ~G. ~l srs By the Court, 3a ~IV~/ I~SI YI V`!9 J,~Nl10~ ~1R?~/~N~f~?rNll~ 9th :6 ~~ 9 i 1~D I~! A~I~zYC,!,,,•,_,, ~rv~J. .'' ; ':I-~l ~a~ S ~~ DL-326 (9/95) CERTIFICATION DATE: September 14, 2001 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of Recall dated & mailed 07/24/01, effective 08/28/01; 2)Initial Reporting Form, date of examination 07/04/01; 3) Initial Reporting Form, date of examination 07/09/01, and 4) Driving Record, which appears in the file of the defendant ERIN M. FERGUSON, operator's no. 26906654, date of birth 09/17/84, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. §§6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. ~ ~ • ~ SEAL REBECCA L. BICKL Y~DIRECTOR BUREAU OF DRIVER LICENSING Commonwealth's EXHIBIT /v-~S-ol S2S recalszr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: July 24, 2001 ERIN FERGUSON 15 E HARMON DRIVE CARLISLE PA 17013 Deaz Ms. ERIN FERGUSON: We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 08/28/2001, 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 aze able to safely operate a motor vehicle. Since you have a seizure 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 7/4/01. 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, 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 Depaztment 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, 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 the County Court, the Court will give you atime- 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: ~` 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. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License #: 26906654 oL ,s (<-9sy DEPARTMENT OFTRANSPORTATION FOA BUREAU USE ONLY ' /"^•, BUREAU OF DRIVER LICENSING Date Received ~ 7 >, lt1lTIAL REPORTING FARM Driverar ~_^ _ ~ .~* (Print ar Typo Requested tntormatfonJ Reference DEAR PROVIDER: Although the.Dapartment seeks your judgement about your patient's medical fitness to safiely operate molar vehicle, the decision about your patient's driver's license is a responsibi{'ITy of the Department': Bureau of Driver licensing which must also take into account other considerations. Please complete Section: A, 8, C, and D. ~ (^Q ©~ ~~~ j ~ ~tJ ` `~ PATIENT INFORMATION GATE OF BIRTH LAST NAME FIRST NAME MI°aLE NAME MONTH ~ DAY YEAR f"e"~2.G..~I`t, ~1 rrf~,l ~` l'1 I O f l ~ ~i' AVORESS ~s E ~F~~~foA; d~ f~L-cuc, na f~t,,3 DATE OF EXAMINATION: ~(! `I I O t DIAGNOSIS OF DISORDER Oft DISABILITY: Please CBeck (/) appropriate items l~ Loss or Impairment of a Foot, Leg, Finger, Thumbs, or Hand. -Condition: O Unstable Diabetes Q Cerebral Vascular Disease Cardiovascular Disease !-! Lass of Consciousness-Cause: ~ Neurological Disorder O Mental Deficiency or Marked Mental Retardation ~ Menial or Emotional Disorder O Alcohol Abuse d Drug or Controlled Substance Abuse Vision Deficiency ^ Other Medical Condition which would interfere with the patient's ability to drive. -Explain Comments: Do these conditions affect the patient's ability, from a medical standp°int only, to safety operate a motor vehicle? f~ YES ^ NO .~ ` Seizure Disorder: YES ~ NO Date of last Seizure: '7~~// °J Does the patient meet any of the Department's waiver requirements? Q YES ^ NO t(yes, please explain ~ o ~ IS CONFfDENT1AL AS SECTION PROVI°ER•S NAME _ .~~^ - .~~ C"jUF!/L~IaF''./if C3 ; N'Tt-Fr7f.S"i ~__.. PLE E PRINr d ~ SIGNATUAE OF PAOVfOER GLASSif!CATICN aR ~S,P~E/CIALITY PROVI~[3'S papAESSr~~ ~~ ~u~`^ ~ ~~~`~ /-r `f VJ tjJ fR STATE PHYSICIAN R oFFiaE LICENSE NVMBER ~S - II C~'?i SS ~ PHONE ` -~f ~. ~ ~ ~~' S ~~ `~ Return lhrs form f°: w ._. ~A~IIAIgA1~II~A~ D4u tnan ~~ 11.1 . ~~.,~J DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER UCENSINO INITIAL REPORTING FORM PIUNT OR TYPE REQUESTED INFORMATION a~~~~~y FOR BUREAU USE ONLY Dab RocElrrd DdwrN RN~nne~ DEAR PROVIDER: Although the Department seeks your Judgement about your patient's medical fitness to safely operate a motor vehicle, the decision about your patient's driver's license is a responsibility of the Department's Bureau of Driver Ucensing which must also take into account other considerations. Please complete Sections A,B,&D or If Seizure Disorder Patient, complete Sections erten ._,~,... , PATIENT' INFGRMATION DATE OF BIRTH PrRer+aRa ~ rirl F-er' tia'avL- rIDD~E NArE ~ MONTN DAr ~' rEA11 S~ ADDREEs ~S ~~f' ('~QrMIM y,-- ter' ~G7'~G fJ ~ 1~ DATE OF EXAMINATION: ~/'~ ~ DIAGNOSIS OF DISORDER OF DISABILITY: Pieasa Check (r) Appropriate Items ^ Loss or impairment of a foot, leg, finger, thumb, or hand 0 Unstable Diabetes ' ^ Cerebral Vascular or Cardiovascular diseta~se~ loss of Consciousness -Cause: 7~ (^ /Sr SP/~wa ~ ~~`F(f ^ Neurological Disorder ^ Mental Deficiency or Marked Mental Retardation ^ Mental or Emotional Disorder ^ Alcohol, Drug or Controlled Substance Abuse ^ Vision Deficiency (Sea reverse side for visual standards) ^ Other Medical conditions which would Interfere with the patient's ^ Comments: JUL 1120pr ability to drive - Explain below. Do these conditions affect the, patient's ability, from a medlcai standpoint only, to safely operate a motor vehicle? ^ YES O NO Convulsive Disorder O YES ^ NO Date of test seizure: Does-the patient meat any of the Department's waiver requirements ^ YES ^ NO (Se~~ <everse side) If yes, please explain: •.. __ ALL INFORMATION IS CONFIDENTIAL AS PROVIDED IN THE PA V CLE C C N 16181d) PROVIDER'S NAME _- ,~~~ ~yuacu p~t,~ ,,,._~ ~ X K MN,1 AT R VIO[R CUSSIfICAt10N OR SPECLWTY PROVIDER'S ADDRESS ~Nctr~o~4 y ~i~ ~,p~~. ~2 v~ 9^Cr~p ~ ~~ ~~,~ LICENSE NUMBER /~ A O TD S 6 S L PHONE ~ (~~ ~ / `~-~ 0 ~~ RETURN THIS FORM T0: BUREAU OF DRIVER LICENSING DRIVER QUALIFICATIONS SECTION P.O. BOX 8682' HARRISBURG, PA 17105 ~~ PAGE 1 ' PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY " SEP 07 2001 .:+~' DRIVER: ERIN M FERGUSON DRIVER LICENSE NO 26906654 15 E HAN DRIVE DATE OF HIRTH SEP 17 1984 CARLISLE, PA 17013 SEX FEMALE RECORD TYPE JR LICENSE DRIVER LICENSE (DL) LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES ORIG ISSUE DATE MED RESTRICTIONS LEARNER PER~QITS LICENSE STATUS C MAR 23 2001 SEP 18 2004 MAR 23 2001 NONE RECALLED COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSUED CDL LICENSE EXPIRES: CDL ENDORSEMENTS NONE CDL RESTRICTIONS NONE .CDL ,LEARI+TER PE~4ITS: 'CDL IICEDISE STATUS RECALLED SH ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISS[IED PL LICENSE EXPIRES PL 3,ICE1;18E STATUS LIMITED LICENSE (OLL) OLLRLICENSE 'GLASS OLL LICE7IE ZS6ITED OLI; LICENSE EXPIRES: OLL LTG~E STATUS *** CONTINUED *** ~~ PAGE 2 CERTIFIED DRIVING HISTORY - SEP 07 2001 - LICENSE NUMBER 2690.6654 CONTINUED r REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS NO VIOLATIONS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS ACTION: MEDICAL EX~I ORDERED ACTION: RECALL. MEDICAL EFFECTIVE AUG 28 2001 GEN IO$CALL OFFiCIAL NOTICE MAILED JUL 24 2001 ----------- REPORT OF, ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** PAGE 3 CERTIFIED DRIVING HISTORY - SEP 07 2001 - LICENSE NUMBER 26405654 CON IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAETSED A SEARCH TO BE MADE OF THE FILES OF THE DEI+ART- MENT OF T'ATION, AND HAVE SET FORTH. ABOVE AN ACCURATE SUMi~lItY OF ALL RECORDS IN THE NAME OF THE FERSON INOiCATED. SINCERELY, DIRECTOR,, BUREAU OF DRIVER LICENSING SEAL FOR- SECRETARY OF TRANSPORTATION C TH OF PENNSYLVANIA SS: DATE:SEP 07 2001 I HEY C$~"P'~FY THAT R~BECCf,: L. BICKLEY, DIRECTOR OF THE BUU OF DIVER LICENSING, OF .THE PENNSYLVANIA DEPAIRTNT OF ~ 8~7.'ION ~S THE LEGAL CUSTODIAN OF-THE DRIVER LIC „~r~ ICE Off' THE ;L?EPARTMENT OF T~~PORTATION. A3 THE ~ DIRECTt~ OF E AFORAIIx_ BUREAU,- `SHE LEGAL CUSTODY OF TIgE ORIGINAL OR ~1ICRC?F~LM RECORDS ~ i+1HICFt -AFE£~-THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMQA1b( ~ ~ ~ . F, .I HAVE HEREUNTO~~HET, -HAND AND SEAL OF THIS D THE DAY AND YEAR AFORESAID.. SINCERELY, SECRETARY OF TRANSPORTATION SEAL D4.-326~g9/95) CERTIFICATION DATE: October 10, 2001 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMEItIT THE DAY AND YEAR AFORESAID. z BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Letter dated 10/17/01 to the defendant regarding restoration of driving privileges dated & mailed 10/17/01, and 2) Initial Reporting Form, which appearsin the file of the defendant ERIN M. FERGUSON, operator's no. 26906654, date of birth 09/17/84, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. §§6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. Q tl ' Y~'~'~""`t SEAL REBECCA L. BICKLEY, ECTOR BUREAU OF DRIVER LICENSING z v mm8 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: October 17, 2001 ERIN FERGUSON 15 E HARMON DRIVE CARLISLE PA 17013 Dear Ms. ERIN FERGUSON: I am responding to your recent request for information concerning the restoration of your driving privilege. According to Departmental regulations, individuals with seizure disorders must remain seizure free, with or without medication, for six months to be eligible for restoration of their driving privilege. Our records indicate your last seizure occurred on 8/23/01. Provided you remain seizure free, you will be eligible for restoration on 2123102. Thirty days before this date, you will receive the requirements for the restoration of your driving privilege. If you have any additional questions, please contact the Medical Unit at (717) 787-9664 between the hours of 8:00 a.m. and 4:30 p.m. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License #: 26906654 Enclosures: DL-121 : Convulsive Disorder Reporting Form ~1 oLlata-ya) DERARTMENTOFTRANSPORTATION FOflBUREAUUSEONLY /"-~, BUAtwU OF DRIVER LICENSING Date Received ~ 7 ~ INITIAL REPORTING FORM DriYer6 ~, f _.'r (Print or Type Requested fnformetfonj Reference DEAR PROVIDER: Although the Department seeks your judgement abcut your patient's medical fitness to safely operate a motor vehicle, the decision about your patient's driver's license is a responsibility of the Department's Bureau of Driver Licensing which must also take into account other considerations. Please complete Sections A, 8, C, and D. SECTION A• PATIENT fNFORMATION DATE t)f 81RTH LAST NAM FIq ST NAME NIGGLE NAME MONTN nAY YEAP AOOgESS /~ 1S ~fI~S'Y ~-}Arr„rp~ ~(•. t_Ow' I: S~. POt f~"O / 3 DATE OF DIAGNOSIS OF DISORDER OR DISABILITY: Please Check (/j appropriate items ^ Loss or Impairment of a Foot, Leg, Finger, Thumbs, or Hand. -Condition: L7 Unstable Diabetes ^ Cerebral Vascular Disease Gardiovascular Disease ^ Loss of Consciousness -Cause: 'Neurological Disorder ^ Mental Deficiency or Marked Mental Retardation - ^ Mental Gr Emotional Disorder ^ Alcohol Abuse ^ Drug or Controlled Substance Abuse ^ Vision Deficiency ^ Other Medical CGndition which would interfere with the patient's ability to ^ Comments: auc 2 s 2oap (?RIVER SAFETY COVi;,AtCj~? ~o~. of nsiv~ft I,1~~~~!~~ Do these conditions affect the patient's ability, trorn a medical standpoint only, to safely operate a mciar vehicle? 'yZ~E5 ^ NO Seizure Disorder~YES ^ NO Date of Last Seizure: $~i~J'` Does the patient meet any of the Department's waiver requirements? L^{• YES l( yes, please explain ALL iNFORMA710N IS PROVIGER'S NAME w u is a £ l'.-s~z ~->'1 PLEASE PRI,YT ~- OA SPECIALITY RAOV{GEW4 A0GRE55 r n LICENSE NUMBER Aaturn this form to: )Eg.1@ THE PA VEHICLE CS1RE, 5ECT{ON SIGNATURE GF PROVIGER'~+_ 7 :-..- - - .©naw -Y/ ~iLw GFFIGE n~ PNGNE ~ rr ~. ~ a7 K~~.S~,~ ZXJ BUREAU OF DRIVER LICENSING ORIYER QUALIFICATIONS SECTION • P.O.80X 68682 • HAC~RISHURG, PA 17186.8682 ffAdditfonal fnfcrmati f Re iirPrt nm~~.. c,._. ~•__ ._ .,. - ~ •---~ - on s nr