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HomeMy WebLinkAbout07-6084LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prussokpjrlaw.com EVELYN MARIE SAVIDGE, Petitioner : V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - b Q 91 C-4 t +"r r.*- CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION SUPERSEDEAS HEARING REQUESTED PETITION FOR APPEAL FROM THE ORDER OF THE DIRECTOR OF THE BUREAU OF TRAFFIC SAFETY SUSPENDING OPERATING PRIVILEGES AND SUPERSEDEAS AND NOW COMES, the Petitioner by and through her counsel, Law Offices of Peter J. Russo, P.C. and respectfully represents that: 1) The Petitioner, EVELYN MARIE SAVIDGE resides at 119 Herman Avenue, Lemoyne, Pennsylvania, 17043. 2) Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. 3) Petitioner is duly licensed to operate motor vehicles in the Commonwealth of Pennsylvania. Operator's License No. 15165715. 4) On October 2, 2007, the Director of the Bureau of Traffic Safety Operations, Pennsylvania Department of Transportation suspended Petitioner's operating privileges effective October 22, 1007, under authority of Section 1510(c) of the Motor Vehicle Code. (Attach a copy of the Notice of denial, cancellation, recall, suspension, revocation, or disqualification of Driver's License.) 5) Petitioner files this appeal for the following reasons: a) Petitioner suffers from diabetes for the past 17 years and with the exception of the incident on June 24, 2007, the Petitioner has never suffered a similar episode. b) While Petitioner suffers from diabetes, Petitioner's diabetes is under control and she is physically and mentally able to drive. c) Petitioner's Physician Assistant has opined that Petitioner is capable of the safe operation of a motor vehicle. See Exhibit B. 6) Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), Petitioner requests a hearing so that the Petitioner's request for an order of supersedeas heard. WHEREFORE, Petitioner respectfully prays that this Appeal be allowed under Section 1550 of the Vehicle Code, that a hearing de novo be granted to determine whether Petitioner is subject to denial, cancellation, recall, suspension, revocation, or disqualification of her driving privileges. Respectfully submitted, LA P . RUSSO, P.C. Peter J. Russo Attorney for Petitioner PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prussogpjrlaw.com Date: Mond, October 15, 2007 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prusso&pirlaw.com EVELYN MARIE SAVIDGE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION SUPERSEDEAS HEARING REQUESTED VERIFICATION I, EVELYN MARIE SAVIDGE, verify that the statements made herein are true and correct to the best of my knowledge, and are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. f t Date: 10(1110q- EVELYN MARIE SA IDGE EXHIBITA recalhls COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 10/1/2007 EVELYN MARIE SAVIDGE 119 HERMAN AVE LEMOYNE PA 17043 Dear Ms. EVELYN MARIE SAVIDGE: We have received medical information indicating that you have a Diabetic condition which prevents you from safely operating a motor vehicle. As of 10/22/2007, 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 a time-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 # 15165715 k EXHIBITB "FROM :KFK ASSOCIATES HBG LOCATION FAX NO. :7176527360 .0090M.1KJ too r, mom, wonow lowwo. P X w4w Rl -T Oct. 15 2007 01:21PM P1 11w ca'o'"' aGOO V,kor V* 1Taz > wl,.? M,4 x-990+ 20 qA 1700 ? *71 VAX 362,A2j9 -7 dry d ?' , Q??./ y tt-40 of Imp, 7 KANDRA,FIERER,KIISKIN D1.1 22 {2.07f DIABETIC FORM PL ASE TYPE OR PRINT IN BLUE OR BLACK INK A!1_ INFORMATION Fax:7176528804 Oct 15 2007 0204ps PA DeWwrient of Tra looftson • Bureau of Drlver Licensing P.O. Box 88882 • H0 6. PA 17108-8682 (717) 787-9542 PATIENT INFORMATION JR. ETC FIRST NAME URP/EWS LICENSE NO. LAST NAME(S) 15165715 SAVIDGE HEIGHT SEX EYE COLOR DATE OF BIRTH TELEPHONE NUMBER AIOriFH DAY ?'eA STpEETADDRESS: P.O. Box number may be used in additiOn to the atiual address, but cannot be ueed as the only address. STATE 2. How iong have you been treating the anent? Years_ Months L AA o..- Do you treat the patient on a regular basis? ................................................................ $. Has the patient been diagnosed as having diabetes? .......................................... ........ 4. Is the patient being treated with medication?.... ............................................................ -• Oral Agents I Insulin ClOnd Insulin EVELYN CODE ..... - ) Yes Q No .......... 'Yes '.. ........, -'Yes ? No 5. Has the patient ever had a severe hypoglycemic reaction or an episode of hypoglycemia unawareness If yes, date oflaf3t episode: li (Z t an - 6. Has the patient ever had a symptomatic hyperglycernic reaction that from a medical standpoint could affect his/her ability to safety operate a motor vehicle? ....................... ------ 7. What were the results of the HbAi C? r1' . "? i 3 (J7 8. Does the patient monitor his/her glucose level independently? ...................................................... .... If yes, how often? "T-%.: By what method? f-J S. What were the results of the-dia ietic examination performed today? 44 N RRECTED FIELD CORRE of :F4 I R 20i L 20i (3 2O1 SIGHT 2Oi [L20f 82( 10, Do of consider the patient's clabetes welt trolled? .... .!?tt _.......,Y G, -C 11. Does the patient have any other conditions or diseases which may affect his/he( ability to safely operate a motor vehicle? ......................................................................... If yes, type 12. Blood pressure? )"'L- `1 13. BSR? Yes ? No 0 Yes & No ;q Yes ? No ? Yes a No ? Yes eg No Comments PROVIDER INFORMATION (Please print or type) PROVIDER'S NAME SPECIALTY STATE LICENSE it rv%A?w7-z.k?Q?.. STREET ADDRESS CITY STATE ZIP CODE _ 11?? ? 310,...?...? 1?1 Luc r .. a ?.? .A 1 ""i l l ?-- TELEPHONE NUMBER FAX NUMBER (71"1) S 2s 14 I hafeby state that the facts above set forth are true and correct to the best of my knowledge. information and belief, I understand that the State neMS made herin are made subject to the Densities of 18 Pa- C. 8, 04 (relating to unswom falsiflcetion to authorities). Sinnature Date KANDRA,FIERERMSKIN Fax:7176528804 Oct 15 2007 02:14pm P003/003 X-11 23 (3-07) GENERAL MEDICAL. FORM OLFASE TYPE OR PR114T IN BLUE OR BLACK INK ALL INFORMATION PA of Driver ucensing PA Department of TranspoRaticn , S 1:9 P.O. Box 68682 • NBrrtsburg, PA 17108-8882 (717) 7817-9662 PATIENT INFORMATION - DRIVER'S LICENSE NO. LAST NAMeN JR. ETC FIRST NAME 16166715 SAVIDGE EVELYN HEIGHT EYE COLOIf LATE OF BIRTH TELEPH2N% N MSER -MAIL (tf If I w DAY YGW I z ?=- L-11 s STREET ADDRESS, P.O. Box number may pe used in addition to the actual CITY STATE ZIP CODE address, but zann4t be used as the only address. CHECK (ol ONE. 1. How long have you been treating the patient and for what diseases or conditions? YES No 2, Does the patient have any condition or disease that could interfere with their mental or `. - physical ability to operate a motor vehicle?...... .......--••• .....•........... ..... ' 3. What signs and symptoms does the patient have? Discuss nature, extent, frequency and control of pertinent symptoms. 4. With what kind(s) and what quantity of drugs are you treating the patient? Does the medication make them an unsafe drivel? •••••••••-••••^^••---•-•••••••--..•.- ........... UYes No;. Comments _4=? ?-2? CR0 O. c' rt 5. From a medical standpoint only, do you consider this parson physically { ?z and/or mentally competent to operate a motor vehicle? .......... ............................................... Yes zla PROVIDER INFORMATION (Please print or type) PROVIDER'S NAME STREET ADDRESS I tct q Cat "Ak'- . (- TELEPHONE 1-11-% ) (e I Iq_;i ? 3PZOlALTY STATE LICENSE 0 r rte d NOO '3 0 I;. CrrY STATE ZIP CODE FAX Wtand list the 1 hereby stabo that #* sets *bow sat forth sue true and correct to the best of wry knowledge, m .fornurin and betW. I utkie stwerrw is made herein are made wMect to the penalties of 18 Pa. C.S. § 4904 (relaiting to unsworn faisik*iOn to authorities) ptrrishable by a fine up to 52,500 and/or iTWIsonMWt up to 1 year. Dubs Pmvldar'e Slgnedure LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 prussogpjrlaw.com EVELYN MARIE SAVIDGE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION SUPERSEDEAS HEARING REQUESTED CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 A00i W Ashley R. Z?11 Paralegal Date:-10 t ((0 CO 7L- ?:_ rsC CTM? ? ?. r g VN a OCT 18 20071* EVELYN MARIE SAVIDGE, IN TAE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner r NO. 2007 - cy ?j u V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT APPEAL FROM DRIVER'S OF TRANSPORTATION, LICENSE SUSPENSION Respondent SUPERSEDEAS HEARING REQUESTED ORDER FOR SUPERSEDEAS HEARING AND NOW, , upon consideration of the within Petition for Supersedeas, a hearing on the above-captioned matter is set for .20 aCW --7 at f ?" a m. in Courtroom located at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, County of Cumberland, Commonwealth of Pennsylvania. Distribution List: VPe'ter J. Russo, Esquire, 3800 Market Street, Camp Hill, PA 17011 .)?6nnsylvania Department of Transportation, Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104 s LLJ J _) r C\j LO -. .i .lY.4 i 1 1, G •4 C-4 v EVELYN MARIE SAVIDGE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - lp ?? Gl t!r ! ?"Griw CIVIL ACTION - LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION SUPERSEDEAS HEARING REQUESTED ORDER AND NOW, this day of ae?L- , 2007, upon consideration of the foregoing Petition for Appeal from the Order of the Director of the Bureau of Traffic Safety, Department of Transportation, suspending the Petitioner's operating privileges, and on the motion of the Petitioner, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of operating privileges. A hearing on the above-captioned appeal is set for kut,Ml? o1,7 QCD -7 at q l S a m. in Courtroom 2` located at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, County of Cumberland, Commonwealth of Pennsylvania. llis bution List: ter J. Russo, Esquire, 3800 Market Street, Camp Hill, PA 17011 /ennsylvania Department of Transportation, Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104 A t :}j E'?'m CYl _ _i :L C*Nj L1. ? Q ? .J ?4 EVELYN MARIE SAVIDGE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6084, CIVIL LICENSE SUSPENSION APPEAL ORDER AND NOW, this day of November, 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: 1. Petitioner shall comply with all treatment recommendations of her medical provider; 2. Petitioner shall provide bi-weekly results of blood tests to her counsel and, upon request, to the Department's counsel to confirm that she is complying with medication recommendations; 3. Petitioner or her counsel shall promptly notify the Department's counsel in the event she experiences any hypoglycemic or syncopal episode or other loss of consciousness, or requires the assistance of another to manager her diabetic condition, in which case the parties agree that this supersedeas order shall be VACATED until further review by this Court. J. George H. Kabusk, Esq., Pa. Dept. of Trans., Office of Chief Counsel, 1101 3rd Floor, Harrisburg, PA 17104-2516 Peter J. Russo, Esquire, 3800 Market Street, Camp Hill, PA 17011 Front Street, a€ CoP? e S l?? ?l ?ert I(- t-d -7 SQL 8S .8 lft 9 ' AON LOOZ 'A 3tA .0 EVELYN MARIE SAVIDGE, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 07-6084 CIVIL TERM ORDER OF COURT AND NOW, this 8 day of November, 2007, the hearing scheduled for December 27, 2007, IS CANCELLED and rescheduled to Tuesday, January 22, 2008, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Peter Russo, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation sal Edgar B. Bayley, J I., CS cn d z :D t o C= cv LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com Counsel for Petitioner EVELYN MARIE SAVIDGE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNIA Petitioner V. : NO. 2007-6084 COMMON WEALTH OF PENNSYLVANIA DEPARTMENT : CIVIL ACTION - LAW OF TRANSPORTATION Respondent PRAECIPE TO DISMISS To The Prothonotary: Kindly mark the above captioned matter as "Dismissed." Plaintiff hereby withdraws all claims, counts and causes of action set forth in the above-captioned matter. Pe , LAW OFFICES O USSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 Date: 08 F: (717) 591-1756 ??? LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjdaw.com Counsel for Petitioner EVELYN MARIE SAVIDGE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNIA Petitioner V. : NO. 2007-6084 COMMON WEALTH OF PENNSYLVANIA DEPARTMENT : CIVIL ACTION - LAW OF TRANSPORTATION : Respondent CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below, Service by US Regular Mail, Postage Prepaid, and Addressed as Follows: Pennsylvania Deparknent of Transporfation Office of Chief Counsel Third Floor, Riverfront Office Center HaffWx g, PA 17104 Ashley ipe, Paralegal Date: 01 18 I o'-j- C cz, =r ? tn?