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Home My WebLink About99-03715 SCOTT A. RUNK, Petitioner v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3715 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: PETITIONER'S REQUEST FOR SUPERSEDEAS GRANTED ORDER OF COURT AND NOW, this 30th day of June, 1999, after hearing and consideration of the evidence presented in respect to Petitioner's request for a supersedeas under the Vehicle Code at Section 1550 (b) (1) (ii) , and the Court having considered the testimony of the Petitioner, along with the document from his physician indicating that Petitioner is qualified to drive, the Court does grant the supersedeas until a full hearing on the merits be had. That hearing shall be Wednesday, August 18, 1999, at 1:30 p.m. By the Court, er, Stephen J. Hogg, Esquire Attorney for Petitioner George Kabusk, Esquire Attorney for Respondent N041ci mbt(7 7//9y `Zrl :srs SCOTT A. RUNK, : IN THE COURT OF Petitioner : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. COMMONWEALTH OF : NO. 99-3715 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL Respondent ORDER AND NOW, this day of 1999, the hearing in this matter scheduled for August 18, 1999, is canceled and this matter is rescheduled for the 0- M d day of , 1999, at P-' 36) o'clock Aln in Courtroom 3_ of the Cumberland County Court of Common Pleas, Carlisle, Pennsylvania. BY THE COURT: UW OFFICES OF STEPHEN J. HoGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Date: Lf-/2-yF L o G? Y ?Lp _ L a O ? C% 4 0- r Go 41 0 cn 7 JUN 1 8 1999 SCOTT A. RUNK, : IN THE COURT OF Petitioner : COMMON PLEAS : CUMBERLAND COUNTY , :PENNSYLVANIA V. COMMONWEALTH OF : NO. Li CIVIL TERM 1999 PENNSYLVANIA , DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL Respondent 3Fday THE CO T AND NOW, this of 1999, upon consideration of the Petition of Scott A. Runk for review of an Order of the Department of Transportation suspending Petitioner's operating privileges, a hearing is granted to determine whether the action of the Department of Transportation suspending Petitioner's operating privilege should be set aside. Hearing on the above captioned matter is set for the 3 0 day of 1999 at -2:0e) in Courtroom No. -?3_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner notice Petition mail, BY THE COURT: LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 1o1 CARLISLE, PA 17o 13 ., ?: _. ;?? SCOTT A. RUNK, Petitioner V. : IN THE COURT OF : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA . W. COMMONWEALTH OF : NO. ?)/} CIVIL TERM 1999 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL Respondent PETITION FOR APPEAL FROM LICENSE SUSPENSION Petitioner, Scott A. Runk, by his counsel, Stephen J. Hogg, Esquire, respectfully petitions the Court, pursuant to 75 Pa.C.S.A §1550, for review of an Order of the Department of Transportation suspending Petitioner's operating privileges and in support thereof represents the following: 1. Petitioner is Scott A. Runk, an adult individual whose address is Box 92, Plainfield, Cumberland County, Pennsylvania. 2. Petitioner currently possesses a valid Pennsylvania driver's license not under suspension, cancellation or revocation. UW OFFICES OF STEPHEN J. HoGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 3. By letter dated May 19, 1999, Respondent noted the Petitioner that his driver's license would be suspended as of June 23, 1999 due to violation of §1519(c) of the Vehicle Code based upon notice sent to the Respondent by the Carlisle Hospital Emergency Room of a single seizure suffered by the Petitioner on April 29, 1999. A copy of the letter is attached to the Petition as Exhibit A. 1 4. On April 29, 1999, the Petitioner did suffer a seizure while at work but his treating physician, Dr. J. Craig Jurgensen, has advised Petitioner is unlikely to have any future seizures and has permitted him to resume driving activity. 5. The suspension is improper and unlawful for the following reasons: a. §1519(c) of the Motor Vehicle Code provides that an individual may lose his operating privileges if he is found to violate any of the criteria set forth under §1517 which provides for a medical advisory board to establish physical and mental requirements for obtaining and keeping a driver's license. b. Under §1517, regulations were set down in 67 Pa. Code §83.4 on epilepsy. That section requires an individual to be free from seizures for at least 6 months. C. However, that 6 months period may be waived by evidence from a neurologist that the individual has a history of only nocturnal seizures or that he has a history of sufficient warning that a seizure is coming. d. Petitioner submits he has only nocturnal seizures, which was in fact, what he had April 29, 1999 when he was required to work overtime at a time he would normally UW OFFICE90F sTEpjmN J, HOGG have been sleeping. 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Wherefore, Petitioner respectfully requests that this Court set this matter for hearing pursuant 75 Pa.C.S.A. §1550 and that the Order of the Department of Transportation suspending the Petitioner's driving privileges be set aside. Further, the Petitioner respectfully requests that this Honorable Court grant supersedeas to stay the suspension of Petitioner's driving privileges pending the outcome of said hearing. Respectfully Submitted, LAW OFFICES OF STEPHEN J. HoGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Date: 3 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 (717) 245-2698 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dale: May 19,1999 SCOTT RUNK BOX 92 PLAR4FIELD PA 17081 Dear Mr. SCOTT RUNK: recalszr We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 06/23/1999, 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. 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 4/29/99. 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 he 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. EXHIBIT R 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 a time-stamped certified copy of the appeal. In order for your appeal to he 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, qJ" ?? ` (11 Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License N: 21084423 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for Petitioner, do hereby certify that I did on this day serve one true and correct copy of the attached Petition For Appeal From License Suspension by Certified U.S. Mail, Return Receipt Requested addressed to the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 A Date: Stephen J. Hogg, ?re Attorney for Petiti e 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 (717) 245-2698 b tab a Cf . tb P y r JUN-25-99 ',A4 ?b FM :'!1': MIFRD, G;EP Fill Ill. '14'" 7 . , . „ ,. , :, , .. DEPARTMENT OF INTERNAL MEDICINE BELVEDERE MEDICAL CORPORATION " 650 WALNUT BOTTOM ROAD CAALISU:, PENN9YLYAIRA 17oU J CRAIOJUROCNCCN.M.O, DAVID P.? ALBRIGHT, M D ; MD 13714 E I I 1 MO 04)891 L 2433944 STEVEN L 1LFBERO, MD. M0 024221 E „ .. .. N6mu Doto .1 6 ??!&1?wt.61A)?11n;tla: >?c?2-Pr1'? ; </Y?D.,(Meb/?[i?c:?r -? r-- # if SUBSTITUTION PERMI3BIBLE .PAA IN CPDER FOR A BMNO NAME PA001KYN BE OISYENSF.O•'HF PFFSCR'DE USTHAFID-WRTF'BRW,D NECESSAFY OR'BRA110 MECICALLYNECESSARY'IOTHE SPACE BELOW. J "' ",j•/?? OA 200.' a II .! I MAY FIEFRLI -II 1. THIS DOCUMENT FAB AN ARTIFICIALWATERMAAKDN REVERSE SIDE II TIMES' : i1 f, a PETITIONER'S EX"IBIT -L- - (a- -9°i SCOTT A. RUNK V. COMMONWEALTH OF PA. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN RE: HEARING DATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94 -.371S CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, October 12, 1999, hearing in the above matter is continued from November 22, 1999, to Wednesday, December 1, 1999, at 1:30 p.m. in Courtroom No. 3. Stephen J. Hogg, Esquire 19 South Hanover Street, Ste. 101 Carlisle, PA 17013 For the Petitioner George Kabusk, Esquire Pa. Dept. of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 9S om 18 All 9: 28 C'vivibc'nU:.J CUiJN, PcN";SYLVAMA UW OFFCCES OF STEPMN J. HOGG 10 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 SCOTTA. RUNK, Petitioner : IN THE COURT OF : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Y. ; 3116- COMMONWEALTH OF :99-3845 CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL Respondent PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please mark the above Petition for Supersedeas withdrawn. Date: ZO C tephen J. Hogg,/ Attorney for Petitiol G. i 11?1? I 99 OCT 1 8 All 9.2E PENNSYLVA"'Yk CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for Petitioner, do hereby certify that I did on this day serve one true and correct copy of the attached Praecipe To Withdraw by U.S. Mail addressed to the following: George Kabusk, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104 Date: ' ( I CSC Attorney for Petiti 19 S. Hanover Str t, Suite 101 Carlisle, PA 17013 (717) 245-2698 uwoFFCES of STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 G ?; , ..T CIS w• N -?__ C a? U v .. LAW OFFICES OF STEPfMN J. HOGG 19S. HANOVER STREET -SUITE 101 CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 205-2898 0' MI'M November 24, 99 Judge George E. Hoffer Re: Scott Runk Cumberland County Courthouse Civil Term 99-3815 n (-e 1 Courthouse Square ' Carlisle, PA 17013 e[L Dear Judge Hoffer Both parties are in agreement that the Petitioner will withdraw his Petition for Supersedeas on the License Suspension as he has remained seizure free for six months. Please cancel the hearing scheduled for December 1, 1999 at 1:30 p.m. in Courtroom No. 3. Sincerely, Stephen J. Hogg uire SJH/lkg cc: George Kabusk, Assistant Counsel