HomeMy WebLinkAbout03-5593MARY V. DAVIS
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.
LICENSE RECALL APPEAL
AND NOW, this 23= day of October, 2003, comes Mary V. Davis, by her attorneys, Mancke, Wagner
& Spreha, who respectfully represent:
1. Mary V. Davis is an adult individual residing at 1611 Bridge Street, New Cumberland, Cumberland
County, Pennsylvania.
2. Your Petitioner is a licensed operator of motor vehicles in the Commonwealth of Pennsylvania who
has received a notice of license recall as a result of an alleged neuropsychia~c condition, a copy of said notice
is attached hereto and made a part hereof as Exhibit A.
3. Your Petitioner believes that said action is illegal, unjust and improper for reasons which include,
but are not limited to, the following:
(a) Your Petitioner does not have a neuropsychiatric condition which
prevents her from safely operating a motor vehicle;
(b) the Department of Transportation has imprepefly and/or illegally
compared her medical condition with the standards of the Department
of Transportation;
(c) the action of the Department of Transportation was based on a
violation of confidentiality regulations which include, but are not limited
to, HIPAA Pdvacy Regulations, any rights under the Vehicle Code,
under 50 Pa.C.S. §7111,71 Pa.C.S. §1690.108, 42 Pa.C.S. ~944, 28
Pa. Code §115.27, 42 CFR §2.1, 42 USCS §290dd-2 and 28 Pa.Code
VERIFICATION
I hereby verify that the statements made in this document are true and correct. I understand
that false statements herein are mede subject to the penalties of 18 Pa.C,S. Section 4904, relating to unswom
falsification to authorities.
Mary V. D~vis
rccallns
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: September 24, 2{103
MARY DAVIS
1611 BRIDGE ST
NEW CUMBERLAND PA 17070
Dear Ms. MARY DAVIS:
' ",, ' ' ~ NeuropsyehiatrJe condition
We. have received meAical information mehca mg th,ti y{ t have a
As of 10/29/2003. you may no longer drive. Your driving privilege is hereby recalled
indefinitely as mandated by Section 1519(c) o[ the Vehicle Code.
This decision has been macle by comparing your medical condition wi~h 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 nlotor vehicle. _ ~
In order lo comply with this action, you musl return all currctlt Pennsylvania driver% licenses,
learner's pen'nits, temporary drive,"s licenses (cmnera cards) in your po,qsession on or before
effective date listed above. If you cantlot comply with the requirements slated above, a swor'~
affidavit stating that you afc aware of Um smlclior~ against your driving privilege must be
submitted. When the Department receives your license or affida¥it, we will send you a receipt,
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR iDEIVI'IFICATION
PURPOSES. However, you may apply for and obtain a photo identification card at any Driver
License Center, You must present two (2) fom'~s of proper identification (e.g., birth certificate,
valid U.S. passl~orL marriage, certificate, etc.) i;1 order to obtain your photo identification card.
You have the right to appeal lo die Court of Common Pleas (Civil Division) within thirty (30)
days of the m:dl date of this notice. If you file an appeal in the Comuy Court, the Court will give
you a time.stamped certified copy of thc appeal. In order for your appeal to be valid, you must
send this time-stamped copy of the appeal by certified mail to:
Pennsylvania Dep-'.~rlment of Transportatior~
el'flee of Chi& Comlsel
Third Floor. Riverfi:ont Office Center
l'lm'rJsburg. PA 17104
EXHIBIT
You still must send in your license belbre thc effective date of r~all unless you appear in person
before a judge and receive an order permitting you to c(mdnue driving.
if you have any ~-"
qt estmns or neet[ further intbrmatioa, please contact the Medical Unit, P.O. Box
68682, Harrisburg, PA 171064682 or czdl (717) 787-9662 between the hours of 8:00 a.m. and
4:30 p.m.
Driver License #:
Sincerely,
Rebecca L. Bickley, Director
Bureau of Drix, er L:icensmg
08882088
MARY V. DAVIS
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-5593 CIVIL
PRAECIPE TO WITHDRAW
To the Prothonotary:
Please withdraw the above-captioned license recall appeal.
Dated: January 30, 2004
Respe l,t~_~tted'
John . Mancke, Esq., ID No. 07212
Manc ~, Wagner & Spreha
2233 I. Front Street, Harrisburg, PA 17110
717-234-7051, Attorney for Petitioner
Distribution:
Judge Kevin A. Hess
PA Dept. of Transportation, Office of Chief Counsel, 1101 S. Front Street, Harrisburg, PA 17104