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HomeMy WebLinkAbout07-7641 Bruce Miller 207 N. Hanover Street Apt. 2 Carlisle, PA 17013 (717) 713-4452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW BRUCE MILLER, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, DECEMBER TERM, 2007 N 0. 74 W/ L21 c.* Respondent. Petition for Review of Order of Department of Transportation Recalling Driving Privilege Petitioner Bruce Miller respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. § 1550 for review of an order of the Department of Transportation recalling petitioner's driving privilege, and in support thereof represents as follows: I. Petitioner Bruce Miller is an adult individual resident at 207 N. Hanover St., Apt. 2, Carlisle, PA 17013. 2. Petitioner currently possesses a valid driver's license issued to him on October 7, 2005, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated November 23. 2007, petitioner was notified in writing by the Department of Transportation of the entry of an order recalling his driving privilege for the following reasons as set forth in the notice: stating that he has a Seizure Disorder condition. A copy of the notice is attached as Exhibit "A." 4. The recall is improper and unlawful for the following reason: The Seizure Disorder meets the Department's waiver requirement, occurring only upon sleep or immediately upon awakening. 67 Pa. Code § 834(b)(2), as documented in the Initial Reporting Form Section C (Exhibit "B"). WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. § 1550 and that the order of the Department of Transportation be set aside. Dated: December 19, 2007 BRUCE MILLER 207 N. Hanover Street Apt. 2 Carlisle, PA 17013 (717) 713-4452 -2- , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 11/23/2007 BRUCE MILLER 207 N HANOVER ST APT 2 CARLISLE PA 17013 Dear Mr. BRUCE MILLER: 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 12/14/2007, 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 08/10/2007. 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. 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 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, 9?kt?- '6'? V? Janet L Dolan, Director Bureau of Driver Licensing Driver License # 14803520 E lOL l dd HISIINVD Z ldv IS NaAONVH N LOZ Naglll nt Flonxg 97a- /87(- 0 M N O O O N M O 00 ?t Received 12/14/2007 10:31AM in 01:12 on line [83 for 4960 * Pg 3/3 12/14/2007 10:30 7172436510 SAIDIS FLOWER & LIND PAGE 03/03 . t 1 "OU„oi POA RUR u tJ61r: ONLY Ot.•'ui i+-M4 CiEPAMMtBNT OF ?1clANSFMATttaN r.. BURfiiAU OF OWN[ UCEMSINa Dim Received ? .¦ INMAL REPORTING FORM " (vr,tar ar bwo Rawpawwd &A"Wed m! t?efirinar DEAR PROVIDgp,. AgmMh the Department seeks raw judgement abeut 1W ptiltatnl's medical fan" 1 m &W*ly agwrw s molar vehkdr, the dadvion abwt your Patlertt's drivWx 110+0041 fs a nNPoWibi d the Depaanrant'a Sureau of Driver Umnoitig which must alse take IRO amcbM odw tmnXlderadwL Pte Cagopme Seetbrta A. 9. G. and D. 7IPIAT_nWr O?IMATIOHOrr 50TI+ p"M k"H WOOLS off /D J W11a a.r?d ag 1149WI oATE OF gXAMINAT1t7N: u DUB OF. 0119CH M ON DWABUN: . Pl41m Chiwt (?/ n hnnr O Low w era.df 8 Fowl, Log. fanlpr. Thumbs. or Hand - Conditicin: CZ Unstabb DiatMes 13 Cerebral Vascular Olseaer Q Cw0krVamlar Oisomw r .dt."a of 00"datl'WI sa r Cause- .S jr 11 N*wvlq*W Dfsordei ? Mental CJefidanoy or Marked Martini Rmrda*m 0 Mental or Etr?ot nsf Ofsarder t1 maoQw Abuse O Drug or Coittr*M Substance Aome. Q Vtebrr VeNdenay , C Y Other Medksal Gandition vA" would kawfere with the pat oWp 41bfllty tG drive. - ExpWn: Do [hear aor4kbnt the patlonrs at4ft. from a medlcml stsMlrfpaW caly, ;a &*. ?ty operate a mater Whi0le4 ? YES NO Seizure DWwder. Qr91ES D NO Cam at Last Seizure:; z 0 7 Dame the patient most arty of the Oepamnrrft waiver requiremenis? YES a ym 9 yme. Pba41r rxPf,4;i+ I/t o ?'t ?r•..r? G?..?, , -... ? ..t r ? ? y ALL IMPORMATIOH IS CONRDEM'IAL AS PROVTD® PH-TM PA V 41Ei DM lit t Pli?41i X- 19 Uj P RW -14-- - ?F;3; JiA 70MUaW**VWw"-*ATvow on rrr fhorroEit a +?OOttBSS .'700 $- d<".cG /i A vC, r - afA? p"=C" r . u01M w,Mp r-,o o L -c w -t r !~ 1 -{ t Ft41rum dWs tort" td_ SUREAU OF DRIVER UCENSINO - DRIVER OUALIFICATMDMS 2=10k P.Q. %= NM - HARK ODU . PA 77408-lM itAdaVons; Intcrtrmation Is Repuked. Plait" Feet Free to ^antaw f7ri? 787-8882 0 G ?J 2 1Z`S r7.. J r.a 0 Q rrl c'7 N N 9 ?2m ;r= ?J -C k. BRUCE MILLER, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant DEC 2 6 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-7641 DECEMBER TERM, 2007 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this g 7 t. day of , 200 1 , upon consideration of the within Petition, it is hereby ordered and directed that a hearing is set for the day of1-4? 200 in Courtroom of the Courthouse in Carlisle, Pennsylvania at-:3-0 o'clock M. _I CC) Cn. w <_.. ie c:3 p ? Ca r+ I?t (21 4,-?Q- Jd ? tJ? ?Q V A. C4. e'a ti Matthew M. Haar, Esquire Emily H. Damron, Esquire Atty. I.D. Nos. 85688 & 205919 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7576 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRUCE MILLER, Petitioner, V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent. To the Prothonotary: No. 07-7641 Civil Term Entry of Appearance Kindly enter the appearance of Matthew M. Haar and Emily H. Damron on behalf of Petitioner Bruce Miller in connection with the above case. Respectfully Submitted, Dated: January 22, 2008 Matthew . Haar Atty. I.D. No. 85688 's?'.a+/- /]"-, Emily H/lpamrcW Atty. I. No. 205919 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 Tel: (717) 257-7576 I M? Certificate of Service I, Emily H. Damron, Esquire, hereby certify that on this 22nd day of January, 2008, I served a true and correct copy of the foregoing Entry of Appearance, postage prepaid upon the following counsel of record: George Kabusk, Esquire Office of Chief Counsel Pennsylvania Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104 mily H. e?mron c rz e: "mss Matthew M. Haar, Esquire Emily H. Damron, Esquire Atty. I.D. Nos. 85688 & 205919 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7576 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRUCE MILLER, Petitioner, V. No. 07-7641 Civil Term COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent. To the Prothonotary: Praecive to Attach Verification Please attach the enclosed Verification to the Petition for Review of Order of Department of Transportation Recalling Driving Privilege that was filed on December 20, 2007 in the above- captioned matter. Dated: January 24, 2008 Respectfully Submitted, Matthew . Haar Emily H. Damron Atty. I.D. Nos. 85688 & 205919 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7576 139012.1 1/24/08 VEM,CATIQN I, Bruce Miller, hereby certify that the statements made in the foregoing Petition for Review of Order of Department of Transportation Recalling Driving Privilege 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. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Dated: January 22, 2008 Bruce Miller Certificate of Service I, Emily H. Damron, Esquire, hereby certify that on this 24th day of January, 2008, I served a true and correct copy of the foregoing Praecipe to Attach Verification, postage prepaid upon the following counsel of record: George Kabusk, Esquire Office of Chief Counsel Pennsylvania Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104 ll" Emily H. D ron 139012 1 1124/08 <° ?,, J ? , _? rLL`, =? 'r, ?`? r:,_ C., ; •' t "'_ ?? ; ,. G= v i w Matthew M. Haar, Esquire Attorneys for Petitioner Emily H. Damron, Esquire Atty. I.D. Nos. 85688 & 205919 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRUCE MILLER, . Petitioner, V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, No. 07-7641 Civil Term Respondent. PRAECIPE TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: KINDLY mark the above captioned civil action settled, discontinued and ended. ?5 A, i I' /Z ?? Matthew Haar, quire Emily H. am on, Esquire Atty. I.D. Nos. 85688 & 205919 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7576 Date: March 3, 2008 Attorneys for Petitioner CERTIFICATE OF SERVICE I, Emily H. Damron, hereby certify that on this 3rd day of March, 2008,1 caused a true and correct copy of the foregoing Praecipe to Mark Action Settled, Discontinued, and Ended to be served upon the following via first class mail: George Kabusk, Esquire Office of Chief Counsel Pennsylvania Department of Transportation 1101 South Front Street Harrisburg, PA 17104 Emily H. on c a _? -TI ?I ?