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Home My WebLink About09-7908FARLESTlimts\10198 Holsberg\10198.2.petition Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 HERBERT H. HOLSBERG, JR., Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2009- 7 / U 8 CIVIL TERM : APPEAL FROM DRIVER'S LICENSE :RECALL PETITION FOR APPEAL Petitioner, Herbert H. Holsberg, Jr., by his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Herbert H. Holsberg, Jr., an adult individual residing at 343 York Road, Carlisle, Pennsylvania 17013. 2 On November 3, 2009, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation issued a Medical Recall Notice recalling Petitioner's license effective November 24, 2009. A copy of the Recall Notice is attached hereto and marked as Exhibit "A." 3 The Notice recalling Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the recall of his license is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Respectfully submitted, MARTSON LAW OFFICES By: Katie J. MTxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 ` (717) 243-3341 Date: /1/310 7 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 11/3/2009 HERBERT H HOLSBERG JR 343 YORK ROAD CARLISLE PA 17013 Dear Mr. HERBERT H HOLSBERG JR: recallns We have received medical information indicating that you have a Substance Abuse condition which prevents you from safely operating a motor vehicle. As of 11/24/2009, 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: EXHIBIT 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, '2da?- ?) ? V? Janet L Dolan, Director Bureau of Driver Licensing Driver License # 13537020 T,"yl? I C THE M3 NOV 1 3 Fii 2: 09 I i _ i 's 7 'r SU Q. C-ff/ 11 ,tsow 12 ?3 3 y ?? '6 NOV I / 2009 HERBERT H. HOLSBERG, JR., IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009- 7 6 D CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM DRIVER'S LICENSE Respondent SUSPENSION COURT ORDER AND NOW, this / day of November, 2009, upon consideration of the foregoing Petition For Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the medical recall of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse 6,.-.m at which time the on the day of '5'rawavv , 20/0 at 9; 30 c issues raised in this Petition will be MG. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. cc. Katie J. Maxwell, Esquire ,/Office of the Chief Counsel of PennDOT 1 1 es irt.3t? !l?IQ jc?q c? BY THE COURT, RUD-CI RCE OF THE PROTHIa OTARY 2009 NOV 19 AM 10: 2 3 Cl1mb - U PENN YI VAINIA, N HERBERT H. HOLSBERG, JR., Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent ~e 2 z zoo ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 7908 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this a~ day of February 2010 upon consideration of the attached Motion for Continuance, the motion is GRANTED. The hearing scheduled for February 23, 2010 at 9 a.m. is continued until ~~_, 2010 ate; 30~,•m• Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. cc: " K ~e J. Maxwell, Esquire Office of the Chief Counsel of PennDOT JYL`~ ~~~ a. a.s~rv ~" - i .~, O ~ 1 '^t ~ _ T ~ _., ~. .. E a~ ' .. v. ..i . ..- _ .~ , ' --~ 3~'+ ~; , ` ,fti t w ~ , ~-C BY THE COURT, c` MAY 2 b 2010 HERBERT H. HOLSBERG, JR., Petitioner vs. COMMONWEAL"I'H OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COtJN"f Y, PENNSYIVANIA NO. 2009- 7908 CIVIL TERM APPEAL FROM DRIVER'S LICF,NSE SUSPENSION COURT ORDER AND NOW, this Zip day of May, 2010, upon consideration of the foregoing Petition to Withdraw An Appeal is granted. The hearing previously scheduled for Friday, Junc 4, 2010 at 9: ~0 am. is cancelled BY THE COURT, cc: ~'~tie J. Maxwell, Esquire / Uffice of the Chief Counsel of PennDOT S~2?//C~ ~YY~ ~e,~ ~ ~ ` ; -~ ~' _, ; r- ~~:. .. ,: : ,,-r ! ,~ ~. -c ~v --~-