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Home My WebLink About11-5263Lauren Clay 225 Fineview Rd , Camp Hill, PA 17011 t, June 27, 2011 rn- rn ' ?j Lo 42-, r N Court of Common Pleas -.J Cumberland County Courthouse One Courthouse Square ?j _ Carlisle, PA 17013 ° -?_ 47j? c 27 This petition is to appeal the decision by the Pennsylvania Department of transportation to have-Iiy license recalled effective June 16, 2011 due to my seizure condition. As stated in Pennsylvania Vehicle Code Pa. C.S. §83.4, "A person who has a seizure disorder will not be qualified to drive unless a licensed physician reports that the person has been free from seizure for at least 6 months". However, Pa. C.S. §83.4 also states that a waiver of the recall of a license held by a person with a seizure disorder may be obtained if, "A specific prolonged aura accompanied by sufficient warning has been established over a period of at least 2 years, immediately preceding, with or without medication." I request an appeal of the recall of my license due to the fact that I have a 10-15 minute our as defined in Pa. C.S. §83.2, before every seizure. My first seizure occurred on January 21, 2011. I had several small seizures until I reached the full dosage of my anti-seizure medication (Lamictal). Each of these seizures was precluded by a prolonged aura consisting of a pain in the left, frontal part of my head, and a "graying" around the edges of my vision. Since reaching my full dosage of Lamictal, I have had only one seizure which occurred on May 30, 2011. This seizure was brought on through my unexpected exposure to flashing colored lights which produced a strobe effect. This seizure was preceded by my specific aura, and I was able to safely remove myself from the situation. Pa. C. S. §83.4 states that a waiver may be obtained only if a sufficient warning has been established over a two year period, all my seizures, though occurring within a five month period, have been accompanied by a prolonged aura that is in accordance with Pa. C.S. §83.2. This aura allows me advanced notice during which I would be able to remove myself from any situation I might come across while driving and prevent injury to other drivers as well as myself. Because of these facts, I submit this petition requesting an appeal of the recall of my license and request to immediately schedule a supersedeas hearing upon the receipt of this petition. I thank the court for its time and consideration in this matter. Sincerely, 0,„} ,%RaW Pd PN! dash Qkk a(? to?c COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 6/9/2011 LAUREN NICOLE CLAY 225 FINEViEW RD CAMP HILL PA 17011 Dear Ms. LAUREN NICOLE CLAY: 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 06/16/2011, 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 5/31/2011. 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 12/1/2011. Please do not have the enclosed form completed by your health care provider prior to 12/l/201 1. 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. I IOL I Vd "I"HH dWVD UN 1ARIAHNIJ SZZ AVID a'IODIAI mMdavZ 0 0 0 00 ?a M CN N iF 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.pams, 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, b ? vzt) Janet L Dolan, Director Bureau of Driver Licensing Driver License # 29366948 Enclosures: DL-121 : Seizure Reporting Form DL-129: Loss of Consciousness and/or Awareness Form I I OL I Hd ITH dW VD Uld MHIAHNI3 SZZ AVID TIODIN Na d lb'I 0 0 M ON N iF e LAUREN LAY, Petitioner v. PENNSYL VANIA DEPARTM ENT OF TRANSP RTATION, Res ondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-5263 CIVIL TERM IN RE: PETITIONER'S APPEAL OF THE RECALL OF DRIVER'S LICENSE AND REQUEST FOR SUPERSEDEAS HEARING ORDER OF COURT > NOW, this 30'hday of June, 2011, upon consideration of Petitioner's Appeal of the Rec4ll of Driver's License and Request for Supersedeas Hearing, it is ordered and directed as follows: 1. A hearing, relating to Petitioner's appeal, is scheduled for Thursday, October 13, 2011, at 9:30 a.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 2. In accordance with Section 1550(b), a supersedeas hearing is scheduled for Friday, July 8, 2011, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ? ? C) zrn rn- z= rr r -u r- -ca b J. esley Ole Jr. J. z , o mc x vcz ^? °m -- 4 ca - . ? Lauren Clay 225 Finevi w Road Camp Hill PA 17011 Petitioner, pro Se V Philip Bric Assistant ( PA. Depar Office of ( Riverfront 1101 Sout] Attorney Esq. ment of Transportation hief Counsel Office Center Front Street PA 17104-2830 ir Respondent :rc ?P c'g Aa 71 , RYA. LAUREN CLAY, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PENNSYLVANIA DEPARTMENT C--? OF TRANSPORTATION, C --t Respondent No. 11-5263 CIVIL TERM P?*tm =M rtt M r IN RE: REQUEST FOR SUPERSEDEAS ?D N C) 7 ORDER OF COURT -? z =p 3 C AND NOW, this 8th day of July, 2011, uoT? wYy consideration of Petitioner's request for a supersedes, and following a hearing, the record on that issue is declared closed, and the matter is taken under advisement. /Lauren Clay 225 Fineview Road Camp Hill, PA 17011 Petitioner, pro se .0 /Philip Bricknell, Esquire opI 7I joZl?? Office of Chief Counsel p Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For Respondent :mae By the Court, LAUREN CLAY, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent NO. 11-5263 CIVIL TERM IN RE: PETITIONER'S APPEAL OF THE RECALL OF DRIVER'S LICENSE AND REQUEST FOR SUPERSEDEAS HEARING ORDER OF COURT AND NOW, this 11'h day of July, 2011, upon consideration of Appellant's request for a supersedeas in the above-captioned matter, and following a hearing held on July 8, 2011, and the court being unable to reconcile the grant of a supersedeas in Petitioner's case with the unambiguous provisions of 67 Pa. Code §83.4, it must, with reluctance, deny the request for a supersedeas. ? Lauren Clay 225 Fineview Road Camp Hill, PA 17011 Petitioner, pro Se Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Respondent J 0,pies bK6 3 = C rn? rrI r-- -um -t y? N om CD r? I z x -- ? x C ? BY THE COURT,