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Home My WebLink About07-1972JONATHAN LEE MANSCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 07 - .l 47 a-~: ~iv rc.. `T ¢.~ LICENSE RECALL APPEAL LICENSE RECALL APPEAL AND NOW, comes Petitioner Jonathan Lee Mansch, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. Your Petitioner, Jonathan Lee Mansch, is an adult individual residing at 1550 Bridge Street, Apt. D, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Your Petitioner received a Notice of License Recall, a copy of which is attached hereto and made apart hereof as Exhibit A, which recalled your Petitioner's operating privileges indefinitely pursuant to §1519 (c) of the Pennsylvania Motor Vehicle Code. 4. Your Petitioner believes that said RecaN is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner does not suffer from a vision deficiency condition which would prevent him from safely operating a motor vehicle. WHEREFORE, your Petitioner prays your Honorable Court to hold a hearing to determine the validity of the recall outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edward F S eha, r ,Esq. Attorney o. 78 1 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: ~r ~~~~ COMMONWEALTH OF PENNSYLVANIA recallns DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 3/30/2007 JONATHAN LEE MANSCH 1550 BRIDGE ST APT D NEW CUMBERLAND PA 17070 Dear Mr. JONATHAN LEE MANSCH: We have received medical information indicating that you have a Vision Deficiency condition which prevents you from safely operating a motor vehicle. As of 04/20/2007, 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 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. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. 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 copy of the appeal by certified mail to: Exti~ b;+ q 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 4:15 p.m. Sincerely, ~~ ~)~~~ Janet L Dolan, Director Bureau of Driver Licensing Driver License # 15149546 .. VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ~~ o.. Date .-.. (~ V W iN _J ~ ~. v ~ r~ _: ' C=') r cry - i1 ~ r `1l ~ ~ - . ' 1, ~_ T 1 _ _~ ` ~-- ~, J ~ u1 __ q, ^~ -{ JONATHAN LEE MANSCH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. N0. ~7 - 1q`r~ ~[v~~ 4 COMMONWEALTH OF PENNSYLVANIA APPLICATI ~ DEPARTMENT OF TRANSPORTATION ON FOR SUPERSEDEAS BUREAU OF DRIVER LICENSING, Respondent APPLICATION FOR SUPERSEDEAS AND NOW, comes Petitioner Jonathan Lee Mansch, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. Your Petitioner, Jonathan Lee Mansch, is an adult individual residing at 1550 Bridge Street Apt. D, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Han'isburg, Dauphin County, Pennsylvania 17104-2516. 3. The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing recalled Petitioner's driving privileges indefinitely by official notice mailed on March 30, 2007, pursuant to 75 Pa.C.S.A. §1519(c), due to an alleged vision deficiency condition. (See Exhibit A) 4. Petitioner has filed a timely license suspension recall appeal as required by 75 Pa.C.S.A. §1550. 5. Pursuant to 75 Pa.C.S.A. §1550 (b), the filing of such an appeal does not act as a supersedeas unless ordered by the Court after a hearing attended by the Petitioner. 6. Petitioner believes that he will be successful on appeal due to the fact that he does not have a vision deficiency condition which would prevent him from safely operating a motor vehicle. 7. Unless this Court grants this Petition, Petitioner will suffer irreparable injury while waiting for the Court of Common Pleas to rule on the License Recall Appeal since his driving privileges to operate a motor vehicle would be recalled and the loss of license would cause him substantial and irreparable harm due to the fact that Petitioner requires his driver's license for employment purposes and is the sole care giver for his 87 year old mother who requires transportation for medical purposes. WHEREFORE, Petitioner requests this Honorable Court allow his license recall appeal to supersede the Department of Transportation recall letter dated March 30, 2007 which indefinitely recalled Petitioner's driver's license, during the pendency of Petitioner's License Recall Appeal. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edward S reh~., Esq. Attorney No. 78661 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: ~- ~ ~ ~" ~ COMMONWEALTH OF PENNSYLVANIA recallns DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 3/30/2007 JONATHAN LEE MANSCH 1550 BRIDGE ST APT D NEW CUMBERLAND PA 17070 Dear Mr. JONATHAN LEE MANSCH: We have received medical information indicating that you have a Vision Deficiency condition which prevents you from safely operating a motor vehicle. As of 04/20/2007, 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 alI current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) m 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 Deparhnent receives your license or affidavit, we will send you a receipt. If you do not return all current driver license .products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. 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 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 4:15 p.m, Sincerely, ~~ ~~P~ Janet L Dolan, Director Bureau of Driver Licensing Driver License # 15149546 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. n ~~as~o7 . ~ . ~ Date ~~ hJ ' i:~ C .7 ~ ~'~ V ra : ---a ` ' -- . E? ' -~~ - - ~- _ - T, i =,~ ; r; ~`;j t`.~ lj __., =: f ! ~ ~ ~ APR Y 3 zaaT JONATHAN LEE MANSCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~, LICENSE RECALL APPEAL ORDER AND NOW, this ~ day of , 2007, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the ~~d'ay of , 2007, at b: poA o'clock in Courtroom ~, Cumberland County Courthouse. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Distribution: By the Court: ~, - ~ -~. Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`~ Floor, Harrisburg, PA 17104-2516 ~ ~~ y ~P a ~ _,~ ;,,a \ ti C~ ~'. ~- m r =~ ~,'~ M1 ~• ;, a....~ ..,.6~ h^~C~~ ~' ~a r., ` i~ 5 APR 1 i Z00? JONATHAN LEE MANSCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA APPLICATION FOR SUPERSEDERS ORDER AND NOW, this / 7 ""day of , 2007, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the o~ ~ day of , 2007 at 3 - ~ 0 .~ o'clock in Courtroom S ,Cumberland County Courthouse. By the Court: J. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`~ Floor, Harrisburg, PA 17104-2516 ~`~,~~ y_ /P. v ~ ;c-c~C-~~e ~.~ ~' _ . °-~ • 1;~f.L ~~ '~~ i~'r~ JONATHAN LEE MANSCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-1972 CIVIL TERM PRAECIPE TO WITHDRAW T0: Prothonotary of Cumberland County: Please withdraw the above-captioned License Recall Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER, SPREHA 8~ MCQUILLAN By Edw r preha, Jr., Esquire Attorney I.D. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: S~~~f~ N c:°~ ~~ x~ _~~ ~_~ ~. L~: Cw: .,.J ~' .. ..~ ~ ~~ ~ ~'~ "'~