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Home My WebLink About99-07136W. --C V 4zi clir) r Q ? .5:. r ff ` W J ? r f o . : rZrJ ? > ? ? n. ? Q _y Q W a t ` ? ? , `S Y =' ? N ? Z p . C ? ?:,Q Wr _ _r _ _: i ? ? ?s t t - - ?'.. I:: l 1 ? .ter ... r 0. ., _ _ !. . P 1,. s' c ?l It:. I 1 1 1 f T LEO CHARRON V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. qy- 713G q? LICENSE RECALL APPEAL ORDER OF COURT ??? J Lei AND NOW, this IST day of Wever?e.1 1999, upon Petitioner's request for a supersedeas, a hearing is set to determine whether a supersedeas should be issued on the. -?A day of &/, F-W, at :00 o'clock wm. in courtroom #-J, Cumberland County Courthouse, One Courthouse Square, Carlisle,, +Cumberland County, Pennsylvania, all proceedings to stay meanwhile.t? iGL cTi?Z sl?? rSre?vtrc?b-)??? ?-/ A hearing on the merits of the medical recall is hereby scheduled for the day of U 2000, at 4L3do'clock R..m. in Courtroom #1 Cumberland County Courthouse. Notice of the hearing on the merits shall be given by Petitioners counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. C7 `'a Q Jrn U 1 ?? OC^ RV TWP: r-ni IRT- : .. nfj? LEO CHARRON V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99. '713? Cunl 1t,-- LICENSE RECALL APPEAL LICENSE RECALL APPEAL AND NOW, comes Leo Charron, (hereinafter "Petitioner'), by and through his attorneys, Mancke, Wagner, Hershey & Tully, who make the following averments in support of this License Recall Appeal: 1. Petitioner, Leo Charron, is an adult individual and a Pennsylvania licensed driver with a residence address of 581 Crossroad School 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 Flcor, 11 ?C 1 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of a medical recall by way of letter dated Oc:cber 30, 1999, 1999 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be recalled indefinitely effective December 1, 1999 clue to information they received pertaining to a neuro-muscular disease condition which prevents him from safely operating a motor vehicle. See Exhibit "A" attached hereto and incorporated herein by reference. 4. Petitioner believes, and therefore avers, that the proposed recall of his driving privileges is illegal, improper, and invalid for some or all of the following reasons: a. Petitioner has recently been evaluated by a physician in Carlisle who has determined, after six visits and substantial testing, that Petitioner is safe to operate a motor vehicle without limitation; b. Petitioner is currently enrolled in outpatient counseling for alcohol addiction. C. Petitioner has never had an accident; d. Petitioner has never had a driving violation reported on his Pennsylvania driver record; e. Petitioner's condition, although questionable in June, 1999, has dramatically improved to the point that in the opinion of his treatment professionals he is now safe to operate a motor vehicle; and The recall is otherwise illegal pursuant to case law. WHEREFORE, Petitioner prays that Your Honorable Court schedule a supersedeas hearing post haste to determine whether Petitioner should be entitled to a stay on his recall which is scheduled to take effect on December 1, 1999 pending a hearing on the case and then, with 60 days advance notice, also schedule a hearing on the merits of the case for a date to be determined in 2000. Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY Date: By / / /? -? David E. Hershey, Esquir I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 f I li = CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHEY & TULL", hereby certify that I am this day serving a copy of the foregoing document to the attorneys or 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 States Mail, postage prepaid, at Harrisburg, Pennsylvania, on theV2 Iday of kicy, 1999, at the address listed below: George Kabusk, Esquire Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 BY- Y 1 Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY ? n NOV 3 019990 Wr.29. i999 7I09PM EYFL R REPORTS COMMONIVEA.UrIl OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Barman of Driver Licensing Mail Date: October 30,1999 N0.290 P.2i3 LEO CHA RRON 581 CR0.•SWORD SCHOOL RD CARLISLE PA 17013 Dear W. 110 CHARRON: We have n:ccived medical information indicating that you have a Ncum-Muscular Disease condition, vhich prevents you from safely operating a motor vehicle. As of 12103/1999, you may to longer drive. Your driving privilege is hereby recalled indefiniteI r as mandated by Section 1519(c) of the Vehicle Code. This deelal on has been made by comparing your medical condition with the standards laeommea led by our Medical Advisory Board and adopted by this Department. This action will remain in t ffect until we receive medical infcrmation 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 drivers licenses, learner's permits. temporary driver's licenses (camera cards) in your possession on or before the effective d: ne listed above, If you cannot comply wiih the requirements stated above, a swum affidavit st etiag that you are aware of the sanetioa against your driving privilege must be submitte & When the Department receives your Ho nse or affidavit, we will send you a receipt. YOU MA!! NOT RETAIN YOUR DRIVER'S LICENSE FOR MENMCATION PURPOSE S. Howaver, you may apply for and obtain a photo identification card at any Driver License Ce iter, You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S, l iasspoA marriage ocrtific2te, eta) in ordewto obtain your photo identiflcatim cart-- •. • _ _.. You have tlsa right to appeal to the Cau t of Common Pleas (Civil Division) within thirty (30) days of the marl daze of this notice. if you Me 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 fu oe-stamped copy of the appeal by certified mail to: Pennsylvania Department of Transpoftddou Office of grief Counsel Thins Floor, Riverfrent Office Center Harrisburg, PA 17104 EXHIBIT u P50-1 EOM'd 991-i 1199EZ111 SNOYS I NOSHOW'1391151108d SMI 9E- WON r, ocr.29.1999 7:'Oeri1 EVPL & REPORTS - .. _ .. t9C.290 P.3/3 You at ill ; nuat send in your license before the effective date of recall unless you appear in person before a j- tdge and receive ac order permitting you to contlaue driving. If you hat a nay questions or need further infaumation, please contact the Medical Trait, P.O. Box 68682, M alsburg, PA 17106-8682 or call (717) 787-9662 between the hours of 8:00 am. and 4:30 pin. Si?nce-reely,- + w Rebecca L Bickley, Director Bureau of Driver licensing Driver Lic ense M: 21835411 tOO-d EO/EO'd 891-1 II9EtEIIII SN?yS 7 NOStl30VY'1301HSit0ai 02 Zi SE-EO-AOA LAW OF FICCS JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY MANCKE, WAGNER, HERSHEY & TULLY 2133 NORTH FRONT STREET AREA CODE ]1] HARRISBURG. PA 17110 204-7051 I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 2 i LEO CHARRON, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendant IN'fl-IE COUR"1' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7136 CIVIL TERM ORDER OF COURT AND NOW, this 28`x' day of December, 1999, upon relation of David E. Hershey, Esq., attorney for Plaintiff, that lie is withdrawing the License Recall Appeal, the hearing previously scheduled in this matter for December 30, 1999, is cancelled. BY THE COURT, David E. Hershey, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff 80 George Kabusk, Esq. Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Defendant :rc jg-30-9y LEO CHARRON, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7136 CIVIL TERM ORDER OF COURT AND NOW, this 28`x' day of December, 1999, upon relation of David E. Hershey, Esq., attorney for Plaintiff, that he is withdrawing the License Recall Appeal, the hearing previously scheduled in this matter for February 4, 2000, is cancelled. BY THE COURT, David E. Hershey, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff J esley Ole r. 1.2•30.99 AM George Kabusk, Esq. Office of Chief Counsel PA Department of Transportation r Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-25 16 Attorney for Defendant :rc TO YOU ARE HEREBY NOTIFIED TO FILE A-WRITTEN RESPONSE TO THE ENCLOSED WITHIN -TWENTY (40) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU , BY ATTORNEY LEO CHARRON V. U,W OFFICES MANCKE, WAGNER, HERSHEY &TULLY 2232 NORTH FROM MEET HARRISBURG, PA 17110 WE DO HEREBY CERTIFY THAT THE WITHIN IS A' TRUE AND COR- RECT COPY OF THE ORIGINAL FILED IN THIS ACTION BY ATTORNEY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7136 CIVIL TERM LICENSE RECALL APPEAL PRAECIPE Please withdraw the License Recall Appeal filed in the above-captioned matter as the appeal is now moot. Respectfully submitted, MANCKE WAGNER /HERSHEY & TULLY Date: 01/04/00 By ems! David E. Hershey, E u're I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Distribution: David E. Hershey, Esquire 2233 North Front Street Harrisburg, PA 17110 George Kabusk, Esquire PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHEY & TULLY, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or 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 States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 4" day of January, 2000, at the address listed below: George Kabusk, Esquire Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 By C1Lt t,t Tammy L. Kelly V (? MANCKE WAGNER HERSHEY &TULLY ,: