Loading...
HomeMy WebLinkAbout07-5293In re NATHANIEL W. CRESSLER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 07- ~aQ3 PETITION FOR APPEAL FROM LICENSE SUSPENSION AND NOW, comes Appellant, Nathaniel W. Cressler, by and through his attorney, Michael M. Jerominski, Esquire, and files the following Petition: 1. Appellant is Nathaniel W. Cressler, an adult individual who is currently residing at 540 Baltimore Pike, Mount Holly Springs, Cumberland County, Pennsylvania. 2. On July 18, 2007, the Appellant herein had an episode of loss of consciousness. 3. At the time of the episode of loss of consciousness, the Appellant was not operating a motor vehicle. 4. The Appellant was seen at Carlisle Neuro Care on July 19, 2007, by Dr. Mohammad Ismail. 5. The Appellant was diagnosed to have had a convulsion (Exhibit A). 6. A subsequent MRI was given to Appellant, which came back normal (Exhibit A). 7. Appellant also received an EEG and showed only mild abnormality (Exhibit A). 8. Dr, Mohammad Ismail feels that, at this time, Appellant does not have a seizure disorder. 9. On August 18, 2007, the Appellant received a letter from the Pennsylvania Department of Transportation informing him that his driving privilege was revoked, effective September 8, 2007 (Exhibit B). 10. As no seizure disorder has been diagnosed, the Appellant has not exhibited the requisite incompetency required by 75 Pa.C.S.A. §1519(c) for the Pennsylvania Department of Transportation to revoke Appellant's driving privileges. WHEREFORE, for all the above reasons the Appellant, Nathaniel W. Cressler, requests your Honorable Court to set a time for a hearing on the propriety of Appellant's license suspension and, further, stay the imposition of this license suspension pending the results of said hearing and after said hearing reverse the suspension heretofore previously issued. ~l~lo~- Date Respectfully Submitted, TURO LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Appellant Supreme Court I.D. No. 92977 Aug 31 07 01:08p Lorie/Bill Cressler • UZf/~yltUVf 1t.Rr rAn f tICYOOLJ`1 Carlisle ~euro Care wilscn s;., S~ita Zia Carlisle, PA 170I3 t? 17) 249 8283 ~ (71'~ 249-8?.54 tfi~c) To Whore It May Concern August 3I, 2047 RE: Natktaa Crasslcr 717-486-0239 p.2 It is siat~ed that Mr. C~ssler {D_d.H IZ-?5-,19$4) was seem in my clinic on 3ulp 19, 2007. Apparently !x lead an episode of loss of caascious night bctnae thst, Patient ores diiagnoaed to have cottwlsioa I`iis MRI of the brain wets axkred and it was normal acrd EECr slwwtd mild abno~rrnolity. He ltas naT bad anp convulsion since then. He was eat started an any seizure medicatiea~s. I ixlieva so far patient does n~oi have seizure disorder. Solitary canvulsioas ate com~mooa and eat classified As epilepsy ar sei~tte disvcdex And o~ eat traetcd vvirh anti- saizure medications and it w®e time precipitatied by sererai metabolic or systemic derang~ntc. I3e is under observ~tioa for the next 6 moatkts, and if he had any recutront convulsion he wilF be evalaatal. If you have arty fiitthgr question phase do not hesitate to call me. lt1~z Ilwrr~ l~ fEl~f~ fiA~taturel Mohammad Ismail, MD EXHIBIT recalszr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 8/18/2007 NATHANIEL W CRESSLER 540 BALTIMORE PIKE MT HOLLY SPGS PA 17065 Dear Mr. NATHANIEL W CRESSLER: We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 09/08/2007, 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. 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 07/18/2007. ` 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. EXHIBIT S90L [ dd SjJdS ~'I'IOH .LY1I ~~IId ~2IOI~II.L'I`dg OAS 2I~'ISS~2I~ t1c1 'I~II~I~'H.L~'N 0 0 M .--a N O O M C~ V1 O~ ~O N it 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 4:15 p.m. Sincerely, ~,~~ Janet L Dolan, Director Bureau of Driver Licensing Driver License # 26995673 S90L I ~d S JdS 1~'I'IOH .LL1I ~IId ~2IOY1tIS'I~'g OAS 2I~'ISS~2I~ ~cl 'I~II~I~dH1,~I~I v 0 ~t N O D M 01 O~ N VERIFICATION I, Michael M. Jerominski, Esquire, attorney for the Appellant herein, have sufficient knowledge of the facts contained in this Petition and verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, based upon information received from the Appellant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification executed by the Appellant will be filed of record as soon as it becomes available. 9 f w Jo-~ /~~ . Date Michael M. Jerominski, Esquire CERTIFICATE OF SERVICE 1, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Petition for Appeal from License Suspension, by first class, postage pre-paid and d ~ positing same in the United States Mail, first class, postage pre-paid on the 4 L day of ~p~ e h ~tf , 2007, from Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 TURD LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 92977 . l `~~ J _- 11 `~ ~ Ti ~ y i O ` ~ t t V ~ . ~ ~ ,. v ~ ~, `may' ~r In ne NATHANIEL W. CRESSLER IN THE C(~t1RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEIVWSYLVANIA CIVIL ACTION No. 07-5293 MOTION FOR SUPERSED~AS AND NOW, comes Appellant, Nathaniel W. Cressler, by and through his attorney, Michael M. Jerominski, Esquire, and files the folkywing motion: 1. Appellant is Nathaniel W. Cressler, an aduR indiv~fual who is currently residing at 540 Baltimore Pike, Mount Hotly Springs, Cumberland County, Pennsylvania. 2. On July 18, 2007, the Appellant herein had an episode of loss of consciousness. 3. At the time of the episode of loss of consciousness, the Appellant was not operating a motor vehicle. 4. The Appellant was seen at Carlisle Neuro Cane on July 19, 2007, by Dr. Mohammad Ismail. 5. The Appellant was diagnosed to have had a convulsion (Exhibit A). 6. A subsequent MRI was given to Appellant, which came back normal (Exhibit A). 7. Appellant also received an EEG and showed only mild abnormality (Exhibit A). 8. Dr. Mohammad Ismail feels that, at this time, Appellant does not have a seizure disorder. 9. On August 18, 2007, the Appellant received a letter from the Pennsylvania Department of Transportation infom~ing him that his driving privilege was revoked, effective September 8, 2007 (Exhibit B). 10. As no seizure disorder has been diagnosed, the Appellant has not exhibited the requisite incompetency required by 75 Pa.C.S.A. §1519(c) for the Pennsylvania Department of Transportation to revoke Appellants driving privileges. 11. Appellant is an alive-duty reservist who requires a driver's license to fulfill his military duties and to attend school. 12. Given Dr. Mohammed's letter of August 31, 2007, and the lack of a history of the Appellant having seizures, the Appellant makes a strong showing that he is likely to prevail on the merits. 13. The Appellant has shown that without the naquested relief, he will suffer irreparable injury. 14. The issuance of the supersedeas will not substantially harm other irrterested parties in the proceedings, as the Pennsylvania Department of Transportation wiH have every opportunity to be heard on this matter. 15. The issuance of a stay will not adversely afFect the public interest. WHEREFORE, for all the above reasons the Appellant, Nathaniel W. Cressler, requests your Honorable Court to set a time for a herring on the matter of whether or not to stay the imposition of this license suspension until the scheduled license suspension appeal hearing on November 26, 2007. Respectfully Submitted, TURO I.AW OFFICES 6 D~ Date /~ ~• Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Appellant Supreme Court I.D. No. 92977 Aug 31 07 01:08p LorieBill Cressler Vkt/.S~/LVVf IL-af rnn ~fitvaoc~+ Carlisle ~Teuro Care witson~ st., suicc 2Lv t„arlisle, PA L7QL3 (7L7j 249 $283 • (71'1 249-8254 {fax) To Whom It May Concern August 3I> 2047 ILE: Natha~a CtCSSICt 717-486-0239 p 2 ~ .. . . It is stated that Mr. Ca+esakr {D-O~ L2 ZS•19$4) waS seos~ m my cEinic on Jnly 19, 2007. aPErUY ~ ~ au ~~ ~ loss of cae~sciaus o;ght before then. Patiestt was diagnosed to bava comrnlsioa His MRI of tfia brain was oedcred attd it was normal aid EEG showed mild abno~tu-lity. I3e has not had any convulsion since lion. He wts Qot stinted ~ arty seizure onedications. i believe so far patient cues not Gave seizure disaade~r. Solitary ccnvulaior~ are connnoan and not Classrtled as epilepsy or seiutre disorder and often nat tteatad with anti- se~ure medicadons and u scarce tiwa prccipitaoed by savesal metabolic or syaeemnc derangements. Tae is under observation for tha next b oooodts, and if ha heel any reeurtgnt convulsion he wilE be evalasted. If you have air further question please dQ not hesitate to call me. M. lswc~l. f1~ fEtectr~c siRnatwel Mohamt>m+d Ismail, NID COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 8/18/2007 NATHANIEL W CRESSLER 540 BALTIMORE PIKE MT HOLLY SPGS PA 17065 Dear Mr. NATHANIEL W CRESSLER: 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 09/08/2007, 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. 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 07/18/2407. 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 t'~e 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 alt 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 certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Offce of Chief Counsel Third Floor, Riverfront Off ce 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 # 26995673 CER7_FICATE OF SE~1, /1~E I, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Motion for Supersedeas, by first class, postage pre-paid and depositing same in the United States Maii, first class, postage pre-pa+d on the ~ day of _tw- t( , 2007, from Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center ~larrisburg, PA 17104 TURD LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 9P~977 ~J °P'y 7 L.l -~ E~2 - C ~3 _ '~~ _ ~I1'I ~ -"C~ ~ ~ . SEP 0 42007 In re NATHANIEL W. CRESSLER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 07- X93 ORDER OF COURT AND NOW, this ~' day of ~ , 2007, upon pn3sentation and consideration of the within Petition for Appeal from License Suspension, a De Novo hearing is set for the ~b~ day of , 2007, at : 0~ o'clock ~.m. in Courtroom Number ~_ of the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. ~pPoal-kwa~iag~.- ~ --' ~~~ ~ ~ `-~ ,~ ~ -~_ ~ ~= ~ Lt w ~_a cn ~=_z r~ ~ Q r c j c° C.) In re NATHANIEL W. CRESSLER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 07-5293 AMENDED MOTION FOR SUPERSEDERS AND NOW, comes Appellant, Nathaniel W. Cressler, by and through his attorney, Michael M. Jerominski, Esquire, and files the following motion: 1. Appellant is Nathaniel W. Cressler, an adult individual who is currently residing at 540 Baltimore Pike, Mount Holly Springs, Cumberland County, Pennsylvania. 2. On July 18, 2007, the Appellant herein had an episode of loss of ' cxxsciousness. 3. At the time of the episode of loss of consciousness, the Appellant was not ~ operating a motor vehicle. 4. The Appellant was seen at Carlisle Neuro Care on July 19, 2007, by Dr. Mohammad Ismail. 5. The Appellant was diagnosed to have had a convulsion (Exhibit A). 6. A subsequent MRI was given to Appellant, which came back normal (Exhibit A). 7. Appellant also received an EEG and showed only mild abnormality (Exhibit A}. 8. Dr. Mohammad Ismail feels that, at this time, Appellant does not have a seizure disa~der. ~ 9. On August 18, 2007, the Appellant received a letter from the Pennsylvania Department of Transportation informing him that his driving privilege was revoked, effective September 8, 2007 (Exhibit B). 10. As no seizure disorder has been diagnosed, the Appellant has not exhibihed the requisite incompetency required by 75 Pa.C.S.A. §1519(c) for the Pennsylvania Department of Transportation to revoke Appellant's driving privileges. 11. Appellant is an active-duty reservist who requires a driver's license to fulfill his military duties and to attend school. 12. Given Dr. Mohammed's letter of August 31, 2007, and the lack of a history of the Appellant having seizunrs, the Appellant makes a strong showing that he is likely to prevail on the merits. 13. The Appe[lant has shown that without the requested relief, he will suffer irreparable injury. 14. The issuance of the supersedeas will not substantially harm other interested parties in the proceedings, as the Pennsylvania Department of Transportation will have every opportunity to be heard on this matter. 15. The issuance of a stay will not adversely affect the public interest. 16. The Honorable Edgar B. Bayley has rind on the related Petition for Appeal from License Suspension, fixing a date for a hearing. 17. Attorney for the Petitioner has contacted the Attorney for the Pennsylvania Department of Transportation regarding a concurrence to this Motion, and said concurrence was not granted. 18. This Amended Motion for Supersedeas is filed pursuant to Cumberland County Local Rule 208.3(a)(2) and 208.3(a)(9), as well as the attached correspondence from the Office of the Court Administrator (Exhibit C). WHEREFORE, for all the above reasons the Appellant, Nathaniel W. Cressler, requests your Honorable Court to set a time for a hearing on the matter of whether or not to stay the imposition of this license suspension until the scheduled license suspension appeal hearing on November 26, 2007. Respectfully Submitted, t'+ o'~ Date TURD LAW OFFICES ~9= Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Appellant Supreme Court I.D. No. 92977 ,i-.., ;?• ~i7 f,IS : )c•~ Lorie!Biil Cr~ssler ~ 1 i-=,ibG-U~,tiJ ~ ~I i7 l .),- ! .: ~ : ( I [ G f r !5 A ~ I 1 t °s JOG .J `e ` , 1 _ . . Carlisle Neuro ~ are Wilson St., Suite 210 Carlisle, PA 17013 (717} 249 8283 • (717) 249-8254 {fax) To Whom It May Concern r+.ugast 31, 2007 1tE: Nathan Cresster It is stated rha[ Mr. Clcssler {D_O_B 12 25-1984) was seen in my clinic on Duty 19, 2007. Appazentty he had an episode of loss of conscious nig2st before that. Patient was diagnosed to have cogtwlsioa. His MRI of the brain was ou~dered sal it was norms] and EEG showed mild abno~nality. I3c has not had any convalsioa since rhea Hs was not start~l oa arty seizure medications. i lxlieve so far patient does Dot have seizure disorder. Solitary convulsions ate common and not classified as epilepsy ar seizure disordex laid o1~co tmt treated whit anti- seizure medications and it same time precipitated by seferal n~tabolic or systemic derangements. He is under absuvatioa for the next 6 months, and if he had any tecutrettt convulsion he will be evaluated. If you have ally farthtx question plmmase do not hesitate to call me. ly "l I[/I?fElectronic ~iAnatwel Moharntnad Ismail, NID DCHIBIT ~ ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mait Date: 8/18/2007 NATHANIEL W CRESSLER 540 BALTIMORE PIKE MT HOLLY SPGS PA 17065 Dear Mr. NATHANIEL W CRESSLER: r~°calszr We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 09/08/2007, 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. 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 07/18/2007. 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 aw~-e 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. ~~ EXHIBIT ~_ .Yoti have the right to appeal to the Court of Common Pleas (Civil Division) within thirty (30) days of the mail date of this notice. lfyou 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 tithe-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 contimie 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 # 26995673 i~'S~ '.:dyb`'..''D ' •~ ~h ~rF. OFFICE OF THE COl]RT ADMiNIl~TRATCR CUMBERLAN(3 COUNTY COUi2T OF COMMON PLEAS 1 Courthouse $quarQ Cariisb, PA 17013 Taryn N. Dixon Court Administrator Michael M. Jerominski, Esq. 28 South Pitt St. Carlisle, PA 17013 VIA FACSIMILE ONLY:(717~ ?,4ES-Z~.~B Phone {717) 2406200 (7171687.0371 (717) 532.7286 (717) 240.6480 FAX RE: Failure to Comply with Cumberland County Local Rule 208.3(a) Mvtion for Superaedeas (07-5293 - IN RE: Nathaniel W. Cressler) Dear Mr.lerominski: Mafasa W. Cahranalli Assistant Court Administrator Please note drat duo to your failure to comply with Cumberland County Local Rute 208.3(x}(2) and/or Rvle 208.3tax9}, your motion will be held in the Court Administnuor's Offoa until an amendment containing the musing information is filed in the Protwnotary's Office. if nRcr two notices no amendment has bean filed, your motion will be sent back to the Prothonotary's office and placed in the file and no fiuther action will be taktn. R~6 aos.3~a). ~.r~tta~. (Z) The mottv-r shall state whether Qr not a Judgs furs ruled upon any othsr tssus in the sate or related matter, a1u~ ~f so, shall spccrfy the judge and the issue. (9) rtll mottoes acrd patttroxs shall corrtafn a paragraph tndiccrting that the cnneearence of airy opposing counsel of record was sought and the response of said caurrael; provided that this raqutrensnr shall Trot apply to preltmtnary objectrotts, motions for jreafgrretrr on the pleadtr:gs, matrons for swnr-rary judgment, pettttons to ape» ar strike judgnrsnts, artd motfons,for post-fife! relief. Please note that you do aot need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to t1x original motion. Please feel froe to contact me if you have any questions or concerns regarding this matter. Sincerely, Melissa H. Calvanelli Assistant Court Administrator CERT~~ATE QF SERVICE I, Michael M. Jerominski, Esquire hereby certify that 1 served a true and correct copy of the Amended Motion for Supersedeas, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the Z`1 t, day of ~ er^y~/ , 2007, from Carlisle, Pennsylvania, addressed as follows: Pennsylvania De~rtrnent of Transportation Office of Chief Counsel Third Floor, RiverFront Office Center Harrisburg, PA 17104 TORO LAW OFFICES /11M~' ~~ l1~ Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 92977 o -,. -v s~~ c~ ~~, t ~ ~ ~ ~~~_ ~ , -' ~,-, ~ -~= - t a a rr, ~ ~ N NATHANIEL W. CRESSLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING 07-5293 CIVIL TERM ORDER OF COURT AND NOW, this 1-~~ day of September, 2007, a hearing having been previously set on a challenge to a suspension under Section 1519(c) of the Vehicle Code for Plovember 26, 2007, and petitioner now having filed an amended motion seeking a supersedeas, a hearing on the request for a supersedeas shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Friday, October 12, 2007. Michael M. Jerominski, Esquire For Nathaniel W. Cressler Ge a Kabusk, Esquire r the Department of Transportation :sal Edgar B. Bayley, o tt~ ---- -- ~~ ~ ~-~~ ~~~ ~ .7.~ ~.. ~' ~` ~ N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL W. CRESSLER, Petitioner v• N0.2007-5293 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, . Respondent ORDER AND NOW, this 12~' day of October, 2007, after hearing with the Petitioner present, the Petitioner's request for supersedeas pending final hearing of this matter is GRANTED on the following conditions: • Petitioner shall comply with all treatment recommendations of his medical provider; • Petitioner shall provide bi-weekly results of blood tests to his counsel and, upon request, to the Department's counsel to confirm that he is complying with medication recommendations; • Petitioner or his counsel shall promptly notify the Department's counsel in the event he experiences any episode of seizure or loss of consciousness, in which case the parties agree that this supersedeas order shall be VACATED until further review by this Court. Attest; Distribution: Michael M. Jerominski, Esq., 28 S. Pitt Street, Carlisle, PA 17013 ,/)~everly J. Points, Esq., Dept. of Transportation, Office of Chief Counsel-3`~ Fly', 1101 S. Front Street, Harrisburg, PA 17104-2516 - C// . a~ ~. rte. 4 t t ~~~. ~T'T [ [ ~~ `~ ~. ~ . ~~ N :1 ~G > ~ ' ~ - O <`v C,) In re NATHANIEL W. CRESSLER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 07-5293 APPLICATION FOR CONTINUANCE AND NOW, comes Appellant, Nathaniel W. Cressler, by and through his attorney, Michael M. Jerominski, Esquire, and files the following motion: 1. Appellant is Nathaniel W. Cressler, an adult individual who is currently residing at 540 Baltimore Pike, Mount Holly Springs, Cumberland County, Pennsylvania. 2. A hearing in the above-captioned matter is scheduled for November 26, 2007, at 3 p.m. before the Honorable Edgar B. Bayley. 3. A continuance is sought so that the Appellant may have the opportunity to demonstrate that he is capable of going six (6) months without any episodes of seizure or loss of consciousness. 4. The granting of the continuance wi{I not substantially harm other interested parties in the proceedings, as the Pennsylvania Department of Transportation will have every opportunity to be heard on this matter. 5. The granting of the continuance will not adversely affect the public interest. 6. The Honorable Edgar B. Bayley has ruled on: a. The related Petition for Appeal from License Suspension, fixing a date for a hearing, and; b. The Petitioner's Amended Motion for Supersedeas. 'I 7. Attomey for the Appellant has contacted the Attorney for the Pennsylvania Department of Transportation regarding a concurrence to this Application for Continuance, George Kabusk, Esquire, and Attomey Kabusk agreed to the requested continuance in a phone conversation with the undersigned on November 19, 2007. WHEREFORE, for all the above reasons the Appellant, Nathaniel W. Cressler, requests your Honorable Court to continue the license suspension hearing scheduled for November 26, 2007, until a date after January 18, 2008. Respectfully Submitted, 1II~1~} Date TORO LAW OFFICES ~. Q~ Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attomey for Appellant Supreme Court I.D. No. 92977 CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire, hereby certify that I served a true and correct copy of the Application for Continuance, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the Zvi ~' day of Nvvt~-~cf , 2007, from Carlisle, Pennsylvania, addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17104 TURD LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 92977 G. ~. '~ -v CS= Q -r~ m.._ t , '~ ~ _ = -^~ -:. ~ ~ ~ ~~ ~ NATHANIEL W. CRESSLER IN THE COURT OF COMMON PLEAS OF V :CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING 07-5293 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of November, 2007, the hearing scheduled for November 26, 2007, is cancelled and rescheduled to commence at 10:30 a.m., Wednesday, February 13, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael M. Jerominski, Esquire For Nathaniel W. Cressler George Kabusk, Esquire For the Department of Transportation sal Edgar B. `~-~C.e /~Yia~ ~~ a ~-0 7 d c~ w C; ..~r ~ ~ ~. ~ ~-_ ~ , a t ~ ~~ ~ _~ tyL13 ~ +J},~y C~ G? lV NATHAN W. CRESSLER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OT TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent N0.2007 - 5293 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of February, 2008, upon the concurrence of the within parties, the hearing scheduled for February 13, 2008, is cancelled and rescheduled to commence at 9:30 a.m., Thursday, March 6, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. ~ John M. Shugars, Esquire Turo Law Offices For Nathaniel W. Cressler / George H. Kabusk, Esquire For the Department of Transportation iFS f~'1~~~ a /ia~~ ~/'~ e~ _~ ~~.. ~~r=; -'' -- ~..~~ ci.. :~-. ~~ _:_. € ~_ f`t" 4~ _" iNl,7 L~.. ~ N NATHAN W. CRESSLER, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 5293 CIVIL TERM LICENSE RECALL APPEAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PRAECIPE TO WITHDRAW APPEAL Kindly withdraw the appeal filed by the Petitioner in the above-captioned matter as settled between the parties with the restoration of Petitioner's driving privilege. By: John M. Shugars, Esquire Attorney ID No. 44180 TURD LAW OFFICES 28 South Pitt Street Cazlisle, PA 17013 (717) 245-9688 FAX {717) 245-2165 Attorney for Petitioner Date: Mazch 5, 2008 CERTIFICATE OF SERVICE f, John M. Shugars, Esquire hereby certify that f served a true and correct copy of the within praecipe to withdraw by deposing same in the U.S. Mail, First Class, postage prepaid upon the Attorney for the Commonwealth, Department of Transports#ion, this 5th day of March, 2008, at Carlisle, Pennsylvania, addressed as fo{lows: George H. Kabusk, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle ~ Traffic Law Division Riverfront Office Center-Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 TURD LAW OFFICES .."(' ~ 'John M. Shugars, Esquire Attomey I.D. No. 44180 28 South Pitt Street Carlisle, PA 17013 (717) 245-~88 Fax (717) 245-2165 Attomey for Petitioner C7 ~ ~ ~ Q 'r?;=~, ~ ~ ~,~1 a~ ~ -'" f = ~ y fir..., ~ ;,~~~ ?.~ ...1 _ ~.