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Home My WebLink About11-0340COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA V. 2011- 340 CNtiIlLr ANDREW TAYLOR TOWNE, Petitioner CIVIL ACTION - LAW :f ry' PETITION FOR APPEAL ?,? FROM ORDER OF DEPARTMENT OF TRANSPORTATION - ' : -49 SUSPENDING VEHICLE REGISTRATION AND NOW, this day of January 2011, comes the Defendant, Andrew Taylof'fio;%'-*'3 e, " by his attorneys, Irwin & McKnight, P.C., and makes the following Petition representing the following: 1. The Petitioner is Andrew Taylor Towne, an adult individual residing at 1064 Creek Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Petitioner currently possesses a valid driver's license which has not heretofore been suspended, canceled, or revoked, until this suspension. 3. On or about December 16, 2010, the Petitioner was notified that the Pennsylvania Department of Transportation received medical information indicating that the Petitioner has a Diabetic condition, which prevents him from safely operating a motor vehicle. The Department of Transportation has suspended the Petitioner's drivers license effective December 23, 2010. 4. The allegations made in the Official Notice dated December 16, 2010, were that Andrew Taylor Towne could not safely operate a motor vehicle. A copy of this Notice is attached hereto and marked as Exhibit "A" and incorporated herein by reference„ -*4a.oo po AN 2 Q,'K' a53Z?l9 5. The suspension is improper because on the date and time in question, the Petitioner, Andrew Taylor Towne, was changing physicians and medication and is able to safely operate a motor vehicle. Therefore, the proposed suspension is improper. WHEREFORE, the Petitioner, Andrew Taylor Towne, requests that his matter be scheduled for hearing de novo before your Honorable Court as provided by 75 Pa. C.S.A. Section 1547 and Section 1550 and 42 Pa. C.S.A. Section 933, and that the Order of the Department of Transportation be dismissed. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marcu A. McKn' squire 60 We Pomfret e Carlisle, Pennsylvania 1 13 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for the Defendant Date: January 13, 2011 3 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 12/16/2010 ANDREW TAYLOR TOWNE 200 MOOREDALE RD CARLISLE PA 17015 Dear Mr. ANDREW TAYLOR TOWNE: 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 Diabetic condition, which prevents you from safely operating a motor vehicle. As of 12/23/2010, 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 com-parin your medical information with the standards recommended BjEZMEMs visorv Board and a opts y enn T 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 12/8/2010. 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 6/8/2011. Please do not have the enclosed form completed by your health care provider prior to 6/8/2011. If you feel that our records are incorrect, you may use the enclosed form to Letterhead detailing your medical condition. a letter on his/her 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 Idnless 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, Janet L Dolan, Director Bureau of Driver Licensing Driver License # 25705874 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. AYLOR TOWNE Date: / e l, 4 COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA V. 2011- ANDREW TAYLOR TOWNE, Petitioner CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, certified mail no. 7010 0290 0000 6471 4308 , postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, P. Floor Harrisburg, PA 17104-2516 IRWIN & McKNIGHT, P.C. By: Marc s A. Mc 60 Wiest Pomfrt Str et Carlisle, PA 17 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 14, 2011 uire 5 COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA V. 2011- 30 CiV i 1 Tear. ANDREW TAYLOR TOWNE, Petitioner CIVIL ACTION - LAW ORDER OF COURT AND NOW, this aL4-day of QA mUAjM 2011, upon consideration of the foregoing Petition, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending the driver's license of the Petitioner should be dismissed. The Hearing will be held in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania on , 2011, at /0 . W m. Mdknqjf )J3 99.0 ?/PA Dept o? ?SPorto?-ian By: e?zl J. 61- We?in /* %le5.5 Ott C a A 'r1 m 7o -mot Irn- - Z _ 0m n° 1 , zr r °X 2 1 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW ANDREW TAYLOR TOWNE, NO. 2011-0340 CIVIL TERM Petitioner/Defendant LICENSE SUSPENSION APPEAL IN RE: APPEAL DISMISSED ORDER OF COURT AND NOW, this 5th day of May, 2011, the within appeal is dismissed as moot. By the Court, ? Philip Bricknell, Esquire / For PennDOT J Marcus McKnight, Esquire For Petitioner/Defendant bg Kev Copies b/6/1( a Hess, P.J. a m =m ' -<> C -? <? >