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Home My WebLink About04-3605DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA IVA KRAMER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Iva Kramer, by and through her attorney, Gregory Barton Abeln, Esquire, who files the following petition: l. Iva Kramer is an adult individual currently residing at 135 Easterly Drive, Mechanicsburg,PA 17055. 2. On June 25, 2004, the Pennsylvania Department of Transportation sent to Appellant a notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in her possession. 4. The Appellant has recieved this suspension notice because an unknown representative of Health South Medical Treatment Center had referred her to PenDot because of alleged health problems. 5. The Appellant believes that she will prevail in this appeal because her personal physician has informed her that after her examinations, in her professional medical opinion, that Ms. Kramer is fully capable of operating a motor vehicle. Attachment B. WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of her license suspension pending the result of said hearing. Date Respectfully submitted, Gregory Barton Abeln, Esquire ID # 35,960 Attorney for Appellant 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: June 25, ~ccallns IVA K.RAMER ] 35 EASTERLY DR MECHANICSBURG PA 17055 Dear Ms. 1WA KRAMER: We have received medical information indlcatiug that you have Hca&Brain hkjury and Neuropsychiatric conditions which prevents you from safely operating a motor vehicle. As of 07/30/2004, 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 compm'ing yonr medical condition with the standards recommended by our Medical Advisoa-y Board avd adopted by tiffs 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, yon must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cra-ds) in your poss~sion 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 affidw;it, we will send you a receipt. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and oblain a photo identification card at any Driver License Center. Yon must present two (2) forms of proper identification (e.8,. birth certificate, valid U.S. t)assport, marriage certificate, etc.) in order to obtain yonr photo identification ca~t. You have the right to appeal to ti~e 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 rnust send this time-stamped copy of the appeal by certified mail to: Pennsylvania Department of Transpo~'tation Office of Chief Counsel Third Floor. Riveffront Office Center Harrisburg, PA 17104 PINNAc££HEALTH Family Medicine Center July 22, 2004 To Whom It May Concern: RE: Iva Kramer BD: 08111125 I have examined Iva Kramer on two occasions 07101/04 and 07/20104, and she showed no evidence of any decline in her mentation or agility. She is capable of operating her vehicle. Respectfully, Katherine A. Gallagher, M.D. KAG/cjh DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IVA KRAMER, Appellant CERTIFICATE OF SERVICE I hereby certify that on this date a tree and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Cey~ter Harrisburg, PA 17104 Date Respectfully submitted, '~regory B. Abeln, Esq. 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 DEPARTMENT Of TRANSPORTATION: IN THE COt JRT OF COMMON PLEAS OF COMMONWEALTH OF : CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA V. : IVA KRAMER : 04-3605 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of July, 2004, a hearing on the within petition for an appeal from a license suspension shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 2:00 p.m., Monday, September 27, 2004. Pursuant to the Vehicle Code at 75 Pa.C.S. Section 1550, a hearing on whether the court should direct the entry of a supersedeas pending the hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 11:30 a.m., Monday, August 16, 2004. Cou , / George Kabusk, Esquire Office of Chief Counsel Department of Transportation Gregory Barton Abeln, Esquire For Appellant :sal DEPARTMENT Of TRANSPORTATION: IN THE COURT OF COMMON PLEAS OF COMMONWEALTH OF : CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA IVA KRAMER : 04-3605 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of August, 2004, following a hearing, the request of petitioner for a supersedeas, IS DENIED. By~ed3ourt~ Edgar B. Bayle~'r~. '-% ~eorge Kabusk, Esquire Office of Chief Counsel Department of Transportation ~egory Barton Abeln, Esquire For Appellant :sal os-/?-¢'-/ DEPARTMENT OF TRANSPORTATION : COMMONWEALTH OF PENNSYLVANIA: V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO~-3605-2004 IVA KRAMER APPEAL FROM LICENSE SUSPENSION PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE. Please mark this license suspension appeal as withdrawn. Respectfully submitted, ABELN LAW OFFICES Gregory Barton Abeln, Esquire ID #35,960 Attorney for Petitioner 37 East Pomfret Street Carlisle, PA 17013-3313 717/245-2851 DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA V. IVA KRAMER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CP-21-CV-3605-2004 : APPEAL FROM LICENSE SUSPENSION CERTIFICATE OF SERVICE I hereby certify that on this date a tree and exact copy of the foregoing PRAECIPE TO WITHDRAW APPEAL was sent to the following address by United States Mail and Facsimile. DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Room 103 Transportation and Safety Building Harrisburg, PA 17120 Respectfully submitted, ABELN LAW OFFICES Date 6~-d~- (3"'/ Darlene F. Mellinger Legal Assistant 37 East Pomfret Street Carlisle, PA 17013-3313 717/245-28:51