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Home My WebLink About10-7081f • 1 L. ? i.i - a.?? ?? ? i V rr,.,. 'Y'1 !? ?."?1! ^ d t y' ?3 ? t r-7 I Lit LA EL? r .'r 1i P^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT DAVID TRASK Appellant V. CIVIL ACTION - LAW Case No. 10 705-t c,v- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Appellee PETITION FOR APPEAL AND NOW, this fifth day of November, 2010, comes Appellant, SCOTT DAVID TRASK, by and through his attorney, Trudy A. Marietta Mintz, Esquire, and files this Appeal of the Commonwealth of Pennsylvania, Department of Transportation's decision recalling Apellant's driving privileges and in support thereof represents as follows: 1. Appellant is Scott David Trask, who resides at 27 Sunfire Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. Appellant's home telephone number is (717) 761-1726. Appellant's work telephone number is (717) 763-7593. Appellant's cellular telephone number is (717) 991-2194. 2. Appellant's Pennsylvania driver's license number is 21671444. Appellant has received notice that appellant's operating privileges have been recalled by DOT, effective November 3, 2010. A copy of said notice is attached. q 1, a I A- 7 !? ss Dq 33 WHEREFORE, Appellant respectfully requests that this Honorable Court review the aforesaid action of DOT and set a hearing date to do so. Respectfully submitted, T dy N- Marickta Mintz, Esquire PA ID # 208523 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 10/27/2010 SCOTT DAVID TRASK 27 SUNFIRE AVE CAMP HILL PA 17011 Dear Mr. SCOTT DAVID TRASK: rcterm This is an official Notice of the Recall of your Driving Privilege as authorized by Section 1519(c) of the Pennsylvania Vehicle Code. PennDOT has received medical information indicating you have a Seizure and Loss of Consciousness condition, which prevents you from safely operating a motor vehicle. As of 11/03/2010, you may no longer drive. Your driving privilege is hereby recalled until you have demonstrated your condition is well controlled. This decision has been made by comparing your medical information with the standards recommended by our Medical Advisory Board and adopted by PennDOT. This action will remain in effect until PennDOT receives medical information indicating that your condition has improved and you are able to safely operate a motor vehicle. PennDOT's medical regulations require you remain episode free for a 6 month period, with or without medication, before you will be eligible for reinstatement of your driving privilege. Our records indicate your last episode occurred on 8/1/2010. As long as you remain episode free and do not have any other medical conditions that would prohibit you from driving or any other suspensions/revocations on your driving record, you will be eligible for restoration on 2/1/2011. Please do not have the enclosed form completed by your health care provider prior to 2/1/2011. If you feel that our records are incorrect, you may use the enclosed form to have your health care provider submit updated information or your health care provider can write a letter on his/her letterhead detailing your medical condition. In order to comply with the medical recall, you must return all valid Pennsylvania driver's license products, including your driver's license, endorsement card, learner permits, temporary driver license, and 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 action against your driving privilege must be submitted. When PennDOT receives all of your valid products or a sworn affidavit, you will be mailed a receipt. If you do not receive this receipt within 15 days, contact PennDOT's Driver and Vehicle Services Customer Care Center at 1-800-932-4600 immediately. If you do not return all current driver's license products, this matter will be referred 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 free photo identification card. The initial issuance of the photo identification card will be free by completing and following the instructions on the Application for Initial Photo Identification Card (DL-54A), which is available on PennDOT's Driver and Vehicle Services website at www.dmv.state.pa.us, under the Forms and Publications link. The photo identification card will be valid for four years; however, you will be required to pay the renewal fee after the initial issuance, if you wish to continue to hold a 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 Pennsylvania driver's license products by 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, please contact PennDOT's Medical Unit at (717) 787-9664, Monday through Friday, between the hours of 8 a.m. and 4:15 p.m. Sincerely, i6b-CXJ3_ 4 ,? Janet L Dolan, Director Bureau of Driver Licensing Driver License # 21671444 Enclosures: DL-121 : Seizure Reporting Form DL-129: Loss of Consciousness and/or Awareness Form VERIFICATION I verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 11 1° ? 6?;nz Ssco'fr DAVID SK D IN THE COURVOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT DAVID TRASK Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Appellee : CIVIL ACTION - LAW Case No. ORDER io - 7a?r1 C W I AND NOW, this I& day of 2010, upon presentation and consideration of the within Petition, it is hereby ORDERED and DECREED that a Hearing on the Appeal shall be held on the -day of gw 2Q4, at t? 0 6 o'clock Pm in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. It is further ORDERED that the Appellant shall serve this notice upon the Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, by certified mail, return receipt requested, within ten (10) days. Appellant shall file a Certificate of Service with the Prothonotary. By Order of the Court: J. - o t e S yLa l Co c 3 o G; `*i --? o - t T I 't A44 r = ?r i r y n r ? =o p 3 Z ?t f to tv Z ?.? ? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT DAVID TRASK Appellant CIVIL ACTION - LAW V. Case No. 10-7081 s COMMONWEALTH OF PENNSYLVANIA, - rZ == - DEPARTMENT OF TRANSPORTATION Appellee c it MOTION FOR CONTINUANCE ; To the Honorable, Judges of the Said Court: AND NOW COMES, Scott David Trask, by his counsel, Trudy A. Marietta Mintz, Esq., submits the following Motion for Continuance and in support thereof represents that: 1. A license suspension appeal hearing is currently scheduled for January 11th, 2011 at 2:00p.m. 2. Due to a pre-existing hearing, in Fulton County, counsel is unavailable to appear at the hearing currently scheduled. 3. The undersigned counsel has contacted opposing counsel, who has graciously agreed to a Continuance. WHEREFORE, Defendant, by his attorney, respectfully requests this Honorable Court grant the request for a continuance in the above captioned matter. Respectfully submitted, . rudy A. Mar' a Mintz, Esq. PAID 2 23 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT DAVID TRASK Appellant V. CIVIL ACTION - LAW Case No. 10-7081 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Appellee CERTIFICATE OF SERVICE I, Trudy A. Marietta Mintz, Esquire, attorney for the Petitioner, on January 7, 2011 hereby certify that I served a copy of my Request for Continuance by first class mail to the Commonwealth of Pennsylvania, Department of Transportation, Office of the Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA, 17104-2516. Trudy A. Mari Mintz, Esquire JAN 1.0 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT DAVID TRASK Appellant CIVIL ACTION - LAW Case No. 10-7081 COMMONWEALTH OF PENNSYLVANIA,, _r- DEPARTMENT OF TRANSPORTATION m Appellee r . o ORDER AND NOW, this 10 day of , 2011, upon consideration of the attached Motion to Continue, the above captioned matter is hereby continued and scheduled to appear on day of A4j--1 2011.1 A J-30 P 0' By the Court: 7 J. Trudy A . Nlartet+a Mintz. 0b"vwon. oP PA, Dept 4 Tiros mPa`4v4im ?AoAd oopi? toil, SCOTT DAVID TRASK, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 2010.-7Gbl 0@@-CIVIL TERM ORDER b d, pa Olt6 FrtEQ - oFF'fae cr- 7we p" ylok)0n,ey Gorr Aft 4 AND NOW, this 1 sc day of April, 2011, the appeal filed in the above- captioned matter is REMANDED to the Department of Transportation for correction of its records. BY THE COURT: Attest: J. Trudy A. Marietta Mintz, Esq., Law Office of Trudy Marietta Mintz, 14 North Walnut Street, Suite 1, Mechanicsburg, PA 17055 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516