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HomeMy WebLinkAbout07-4338GARY L. KELLEY, PETITIONER v. PENNDOT, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. APPEAL FROM SUSPENSIONlRECALL OF DRIVERS LICENSE AND REQUEST FOR SUPERSEDERS 1. Petitioner is Gary L. Kelley who resides at 13 Faith Circle, Carlisle, Pennsylvania 17113. 2. Petitioner is a licensed Pennsylvania driver whose Driver's License Number is 17111526. 3. Respondent is the Pennsylvania Department of Transportation 4. On or about April 14, 2007, Petitioner sustained a serious injury as the result of a bicycle accident in Carlisle, Pennsylvania. 5. As a result of this accident, Petitioner sustained an injury which resulted in emergency surgery and an extended hospitalization at the Hershey Medical Center. 6. Respondent sustained, inter alia, head trauma which necessitated the removal of a four inch by four inch section of skull. 7. As a result of the aforementioned injuries Respondent underwent a significant course of physical and mental rehabilitation at the Health South rehabilitation facilities in Wormleysburg, Pennsylvania. 8. Petitioner successfully completed all rehabilitation at the aforementioned facility. 9. On July 3, 2007, Petitioner underwent additional surgery which included the restoration of the aforementioned skull flap. 10. Petitioner has fully recovered from the original accident and the July 3, 2007 surgery. 11. Petitioner's recovery has been so complete and has exceeded all expectations to the degree that Petitioner is part of a continuing medical study by the Hershey Medical Center in order to gain greater insight to the treatment of and recovery from such injuries. 12. Immediately prior to the July 3, 2007 surgery, Petitioner was undergoing significant physical training to aid and assist in his full recovery. 13. Since the July 3, 2007 surgery, Petitioner has been undergoing more rigorous daily physical training which includes a daily two mile walk, training upon an indoor stationary trainer, and weight lifting. 14. Petitioner has suffered no lasting physical or mental deficits as a result of his accident. 15. Petitioner is physically and mentally capable of safely operating a motor vehicle upon the highway. 16. On or about July 5, 2007, Petitioner received a letter from PENNDOT wherein he was informed that his driver's license would be suspended/recalled effective July 24, 2007 for an indefinite period of time. A true and correct copy of this letter is attached hereto as Exhibit "A." 17. It is believed and therefore averred that the subject decision was based upon April 14, 2007 medical information which is no longer accurate or relevant. 18. Several weeks ago and prior to the receipt of the subject letter, Petitioner had a number of medical appointments scheduled for the first two weeks of August 2007 which included appointments with his neuro surgeon. 19. These appointments were scheduled in anticipation of Petitioner's return to work. 20. Unfortunately, these appointments are in the next two weeks and after the suspension date of July 24, 2007. 21. Given the physicians' schedule, it was not possible to schedule eazlier appointments. 22. Given the late date of receipt of the suspension/recall letter, it was impossible to provide any additional information to PENNDOT or have any of Petitioner's doctors complete any DOT forms. 23. Petitioner has undertaken extraordinary efforts to provide DOT with information and requested a brief extension so that Petitioner's doctors would be able to provide additional information. 24. DOT refused to grant a reasonable extension of time. 25. But for DOT's extraordinary delay in suspending/recalling Petitioner's driving license, Petitioner would have been able to avoid any suspension/recall. 26. It is anticipated that Petitioner's physicians will be able to provide any information requested by DOT in the next ten days. 27. PENNDOT's actions have the effect of delaying Petitioner's anticipated return to employment and are unnecessary based upon the present circumstances. 28. Petitioner is able to safely operate a motor vehicle and has no mental or physical impairments which would require the suspension/recall of Petitioner's driving license. WHEREFORE, based upon all of the foregoing, the Petitioner, Gary L. Kelley, respectfully requests that this Honorable Court issue a supersedeas Order in this matter and rescind the suspension/recall of the Petitioner's driving license and schedule an appeal hearing in this matter. Respectfully submitted, Gary ell y 153 Faith Circle Carlisle, PA 17113 (717) 243-6581 EXHIBIT A recallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 7/3/2007 GARY LEE KELLEY 153 FAITH CIR CARLISLE PA 17013 Dear Mr. GARY LEE KELLEY: We have. received medical information indicating that you have aHead/Brain Injury condition which prevents you from safely operating a motor vehicle. As of 07/24/2007, you may no longer drive. Your driving privilege is hereby 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 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) ofthe-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, ~,~~ Janet L Dolan, Director Bureau of Driver Licensing Driver License # 17111526 Verification I, Gary L. Kelley, do hereby certify that the averments contained herein are true and correct to the best of my knowledge subject to prosecution for unsworn falsification to authorities. ~~~~ GARY L. KELLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Petitioner , v. NO. PENNDOT, Respondent CERTIFICATE OF SERVICE I, Gary L. Kelley, do hereby certify that I served a true and correct copy of Petitioner's APPEAL From Suspension/Recall of Driver's License And Re~uest For Supersedeas upon PENNDOT by US Certified First Class Mail, on the 24 day of July, 2007 addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Gary L. lley ~" ~ ~ ~ ~~ V J O :) N 4 -~ TI i_.. ~ ~ - ~:_~ .~ T ' ~...._ ~..3 ~ Tt L _ ~ ' ._-. r-- `'~ J °v a .. JUL 842001 v~i GARY L. KELLEY, IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNA PENNDOT, Respondent ORDER f'h AND NOW, this d~~ day of July, 2007 upon consideration of Petitioner's Appeal From Suspension/Recall of Driving License And Request For Supersedeas, it is her4by ORDERED and Decreed that Petitioner's requested is GRANTED and the suspensionlrecall of Petitioner's driving license is hereby superceded and Petitioner is not hereby subject to those conditions set forth in the letter with a mailing date of July 3, 2007 pending further Ord Court. A hearing on this utter is hereby scheduled for the ~1 icy day of 2007 in Courtroom No._7 m the Cumberland County Courthouse at 1JOO~ . JUDGE v r o. v ~1' ~~~~~. ;~~ aN~ ~a ~ ~ .... ~a:_:a~~ .,, y,_,~L; 1~ ,/ '... No. 07-4338 CIVIL TERM ORDER AND NOW, this'f " day of AUGUST, 2007 upon consideration of Petitioner's GARY L. KELLEY, : IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNA v. PENNDOT, Respondent request for a continuance and Respondent's consent thereto, it is hereby ORDERED and DECREED that Petitioner's request is GRANTED and the hearing scheduled for August 27, 200~t 12:00 PM is c ntinued. A hearing on this r is hereby rescheduled for the I'~ day of d , 2007 in Courtroom No~~~-~' ' berland County Courthouse atcj~p-M1~'1~!` / u~~ BY EDWARD GUIDO, JUDGE Z !e~lr'` "rt~~"4 ... Gary L. Kelley 153 Faith Circle Cazlisle, PA 17013 August 20, 2007 The Hon. Edward Guido Judges Chambers Cumberland County Courthouse 1 Courthouse Squaze Carlisle, PA 17013 Re: Kelley v. PENNDOT Docket Number 07-4338 Deaz Judge Guido: A hearing in the above matter is scheduled before you on August 27, 2007 at 12:00 PM. George Kabusk, Esq. has been assigned to handle this matter by the Respondent. After speaking with Mr. Kabusk a number of times, I am happy to report that we have been able to reach a tentative resolution of this matter. Unfortunately, the parties aze unable to complete the conditions precedent necessary to complete the resolution of this matter prior to the hearing given the time constraints imposed by the hearing scheduled for August 27, 2007. Accordingly, I am respectfully requesting that the hearing be continued and rescheduled at least thirty (30) days in the future. I have spoken with Mr. Kabusk and he concurs with and joins in this request. Thank you for your attention to this matter. Very truly~urs, Gary .Kelley cc: George Kabusk, Esq. f "' GARY L. KELLEY, : IN THE COURT OF COMMON PLEAS Pet~ner :CUMBERLAND COUNTY, PENNA v. No. 0?-4338 CIVIL TERM PENNDOT, RespoHdent ORDER ~~" AND NOW, this ~ day of SEPTEMBER, 2007 upon consideration of Petitioner's request for a continuance and Respondent's consent thereto, it is hereby ORDERED and DECREED that Petitioner's request is GRANTED and the hearing scheduled for Ocbuber 1, 200? at 9:25 AM is continued. It appearing that a settleme~ has been reached, this matter will be continued pending completion of settlement and Petitioner's withdrawal of his appeal. BY THR GUIDO, JUDGE '.. o~~ ,. °; ,F - . , ~;:;' . .. ,; :_ 's .. ~ ~ ! `. ~• t11i~`~i~~IJ~SN(V?d -~ !'T :g b!~ 9Z d3S t00Z ~.tUtV~3~it~dd ~'J~,~~~-C1~'li~l r ~~~ vs. ~5-`~~T Q.t~oo In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~"~' '~ ! ~,~ Civil. 19 To Prothonotary 19 Plaintiff ~A~ Term, 19 ___.--,- n' - No. ~- vs. pRAECIPE Filed 19 ____-- auy. ,., i~,.. ca -- -...2 -tit - -- i ~..'."x ., _... n ,' 1 i i t ,, q ~'~ ~:.~?