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Home My WebLink About09-2991TERRY A. GARMAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. X -.20 l L',d LICENSE RECALL APPEAL AND NOW, comes Terry A. Garman, hereinafter Petitioner, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. The Petitioner is an adult individual residing at 531 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about April 14, 2009, the Petitioner received a notice from the Department of Transportation indicating that his license was recalled indefinitely as of May 5, 2009 as mandated by §1519(c) of the Vehicle Code. (See Exhibit A) 4. Your Petitioner believes that said Recall is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner does not suffer from a substance abuse condition which prevents him from safely operating a motor vehicle. WHEREFORE, your Petitioner prays your Honorable Court to hold a hearing to determine the propriety of the recall outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edward F , Jr., Esq. Attorney I No. 8661 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: ?,19-,61 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date . . . recallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 4/14/2009 TERRY A GARMAN 531 UNION HALL RD CARLISLE PA 17013 Dear Mr. TERRY A GARMAN: We have received medical information indicating that you have a Substance Abuse condition which prevents you from safely operating a motor vehicle. As of 05/05/2009, 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: Cxh I bJ A t 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 # 17572861 FILED-?tFICE OF THE PRO. , CI IOTARY 2009 MAY 12 Phi 2: 36 ?. tJiJ? ? - , -. "I.rI111-Y TERRY A. GARMAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 1 9 9'I % Qr?w APPLICATION FOR SUPERSEDEAS APPLICATION FOR SUPERSEDEAS AND NOW, comes Terry A. Garman, hereinafter Petitioner, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. The Petitioner is an adult individual residing at 531 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about April 14, 2009, the Petitioner received a notice from the Department of Transportation indicating that his license was recalled indefinitely as of May 5, 2009 as mandated by §1519(c) of the Vehicle Code. (See Exhibit A) 4. Petitioner has filed a timely license recall appeal of the above-mentioned notice. 5. Pursuant to 75 Pa.C.S.A. §1550(b)(1)(ii), the filing of a license recall appeal shall not act as a supersedeas unless ordered by the Court after a hearing attended by the Petitioner. WHEREFORE, Petitioner respectfully requests this Court to schedule a hearing to determine whether his license recall appeal shall act as a supersedeas of the Department's April 14, 2009 recall letter. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN Edward F. WrAyAr., Esq. Attorney I"o. -A661 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: ??? ?Q? VERIFICATf N I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 09 Date s recallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 4/14/2009 TERRY A GARMAN 531 UNION HALL RD CARLISLE PA 17013 Dear Mr. TERRY A GARMAN: We have received medical information indicating that you have a Substance Abuse condition which prevents you from safely operating a motor vehicle. As of 05/05/2009, 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) 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: ok, b 4 $ t 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, C??- 'b g V? Janet L Dolan, Director Bureau of Driver Licensing Driver License # 17572861 FILRYOF iCE OF VE F 2T ,%-,,T)TARY 2009 MAY 12 PM 2: 41 tY' i:A w TERRY A. GARMAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent MAY i 3 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. rg` ,'- 099r LICENSE RECALL APPEAL ORDER AND NOW, this day of , 2009, upon consideration of the within Petition, it is hereby ordered and decreed that a he 'ng be held on the &' nay of 4 2-009, at 9 . o'clock in Courtroom ,,Cumberland County Courthouse. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Distribution: 01 ? ward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3nd Floor, Harrisburg, PA 17104-2516 ?o 1'ES yv=t ccL. C31 i. MAY 19 Zw96? TERRY A. GARMAN, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA APPLICATION FOR SUPERSEDEAS DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this ___.?__ ?? ?G?day of *24 , 2009, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the /Oa day of '2009 at /0: 30 - o'clock in Courtroom , Cumberland County Courthouse. By the Court: J. Distribution: ?' dward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 1ennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 0-of I'£S /ri"tc L;cC SlZ?a9 a* CD ?-" v C-j TERRY A. GARMAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2991 CIVIL PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Recall Appeal and Application for Supersedeas which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER, SPREHA & MCQUILLAN By Ed r preha, Jr., Esquire A rn D. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: -g- aq { LED Q' !CE OF THE PFt)+6'`'aI QT Y 2009 JUN 10 Pll 2: 2 3 ,liEl 'J' r N`)Y 'i TERRY A. GARMAN, Apellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 09-2991 CIVIL TERM AND NOW, this 6T" day of August, 2009, the appeal filed in the above referenced matter is REMANDED to the Department of Transportation for corrective action. Attest: Edward F. Spreha, Esq., Mancke, Wagner, Spreha & McQuillan, 2233 North Front Street, Harrisburg, PA 17110 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ~,,d ~fv~oq I D~ t i~~ !~,, (_s ~r s'r` ~. ,~ r;d-. ~ !, !,