HomeMy WebLinkAbout11-6379WILLIAM CAPSHAW,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
LICENSE SUSPENSION APPEAL C=
v
PETITION FOR APPEAL FROM A SUSPENSION
OF OPERATING PRIVILEGE
1. Appellant herein is William Capshaw residing at 1418 Bradley Drive, E-111, Carlisle,
Pennsylvania and having a mailing address of 1418 Bradley Drive, E-111, Carlisle, Pennsylvania
17013.
2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania,
having a mailing address of:
Office of Chief Counsel
PA Department of Transportation
Third Floor, Riverfront Office Center
Harrisburg, Pennsylvania 17104-2516
3. By letter or notice dated August 5, 2011, a copy of which is attached hereto as Exhibit A, the
Department of Transportation Bureau of Driver's Licensing ordered Appellant to surrender his
operating license indefinitely.
4. Supersedeas:
Pursuant to 75 Pa.C.SA § 1550 (b)(1)(i), Appellant is retaining driver's license until final
determination of the suspension of operating privilege.
X Pursuant to 75 Pa.C.S.A. § 1550 (b)(1 )(ii), a hearing attended by the Appellant must be
held before the Court of Common Pleas before an order of supersedeas can be issued.
Pursuant to 75 Pa.C.SA § 1377(a), Appellant is retaining motor vehicle registration until
final determination of the suspension of registration.
5. The said suspension of Appellant's operating privileges is improper or unlawful for the
following reasons:
3 ILN
The Department has suspended Petitioner's driving privilege without affording the
Petitioner the opportunity to take a physical examination or driving test, following a single car
accident. The Petitioner has a long clean driving history. The accident was not the result of the
Petitioner losing consciousness or awareness. To the knowledge of the Petitioner, the Bureau of
Drivers Licensing took this action without consultation with the Petitioner's regular physicians.
Appellant respectfully requests that this matter be
suspension a et aside.
Date: 4 q 1j
set down for a hearing and that the order of
Respectfully submitted by,
ROMINGER & ASSOCIATES
Eric R. David, Esq.
155 S. Hanover St.
Carlisle, PA 17201
PA ID: 205748
WILLIAM CAPSHAW,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
LICENSE SUSPENSION APPEAL
I, Eric R. David, Esquire, attorney for Appellant, do hereby certify that I this day served a
copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing
same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed
as follows:
Date: q 1
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center,
Harrisburg, PA 17104-2516
Respectfully submitted by,
ROMINGER & ASSOCIATES
ltc-4?2?
Eric R. David, Esq.
155 S. Hanover St.
Carlisle, PA 17201
PA ID: 205748
VERIFICATION
I verify that I am the Petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. § 4904, relating to unsworn falsification to authorities.
Date: 0
William Capshaw
?nvrR kMin) AM d [uII lZ::Ca/St.1X:Z4/No.ti31:t1851135 P 2
COMMONWEALTH OF PENNSYLVANIA
DEPARTME,NT OF TRANSPORTATION
Bureau of Driver i.iceming_
Mail Tate: 8/5/2011
WILLIAM R CAPSHAW
1418 BRADLEY DRIVE
F.,-1 I I
CARLISLE PA 17013
Dear Mr. WILLIAM R CAPSHAW:
rcindef
This is an official Notice of the Recall of your Driving Privilege as authorized by Section
1519(e) of the Pennsylvania Vehicle Cudc. Pe1nDOT has received medical information
indicating you have a Loss of Consciousness and Substance Use condition, which prevents you
from safely operating a motor vehicle.
As of 08/12/201 1, you may no longer drive. Your driving privilege is hereby recalled until you
have demnnctrated Your condition meets PennDOT's minimum medical standards.
This decision has been muds by comparing your medical information with the standards
recommended by our Medical Advisory Beard and adopted by PennDOT. This action will
remain in effect until PennDOT rcceivcs medical information indicating that your condition has
improved, and you are able to safely operate a motor vehicle.
If you feel our records are incorrect, you may have your health care provider submit updated
information derailing your medical condition.
In order to comply with the medical recall, you must return #11 valid Pennsylvania driver license
Lroducts. including your drivcr's licun.c. endorsement card. learner permits. temporary driver's
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 you are aware of the
;action against your driving privilege must be submitted. Whcn PcnnDOT receives all of your
valid prmIticts or it sworn alidavit, you will be mailed a receipt. If you do not receive this
receipt within 15 days, contact PennD01-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 he referred to the
Pennsylvania Stale Police for hroseciiiMn under Section 1571 (a) (4) of the Pennsylvania Vehicle
Cody:.
YOU MAY NOT RETAIN YOUR DKIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However, you may apply for and obtain a h:qq photo identification card. The
initial issuance of the phuta iderntilicati(n card will be free by completing and following the
instructions on the Application for Initial Photo Identification Card (DL-54A). which is available
on Penn1)OT's Driver and Vehicle Services website at w%vw.drnv.%1nte.pn.us. The photo
FRO'v T MON) AUG 8 2011 12 : 2f3 /ST .12:24 /No. 8301 V51135 P 3
identification card will be valid for blur years: however. yl)U will be required to nay 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
Y
incerely,
X
Janet L Dolan, Director
Bureau of Driver Licensing
You still must send in your I'ennsylvunia driver's license products by the effective date of recall
unless you appear in person before a t'.. dg- anti -,--c'-v- an order permitting you to, continue
driving.
If you have any questions, please contact the Medical Unit at (717) 787-9664, Monday through
Friday. between the hours of 8 a.m. and 4:15 p.m.
Driver License # 11393334
Enclosures: DL-129: Loss cif Consciousness and/car Awareness Furm
T)L-129: Substance Lke 1=nrni
Special Instructions: Your health care provider must address drug use. -7 0
-J?A
Y ? ?
WILLIAM CAPSHAW,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. No. J ? &3 COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
:may
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Al ..
PETITION FOR SUPERSEDEAS FROM RECALL/SUSPENSION OF
MOTOR VEHICLE OPERATING PRIVILEGE
P•.J
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1. Appellant herein is residing at and having a mailing address of 1418 Bradley Drive, E-111,
Carlisle, Pennsylvania and having a mailing address of 1418 Bradley Drive, E-111, Carlisle,
Pennsylvania 17013.
2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania,
having a mailing address of:
Office of Chief Counsel
PA Department of Transportation
Third Floor, Riverfront Office Center
Harrisburg, Pennsylvania 17104-2516
3. By letter or notice dated August 5, 2011 , a copy of which is attached hereto as Exhibit A, the
Department of Transportation ordered Appellant to surrender his operating license indefinitely
pursuant to 75 Pa.C.S.A. § 1519(c) of the Vehicle Code.
4. There is no automatic supersedeas of license suspension when the Department of
Transportation proceeds pursuant to 75 Pa.C.S.A. § 1519(c). This is set forth in 75 Pa. C.s.A.. §
1550(b) (1)(ii), wherein it states that a separate petition for supersedeas must be filed and hearing
set thereon.
5. The Appellant avers that he is entitled to a supersedeas pending hearing upon his/her Appeal
for the following reasons:
The Department has suspended Petitioner's driving privilege without affording the
Petitioner the opportunity to take a physical examination or driving test, following a single car
accident. The Petitioner has a long clean driving history. The accident was not the result of the
Petitioner losing consciousness or awareness. To the knowledge of the Petitioner, the Bureau of
Drivers Licensing took this action without consultation with the Petitioner's regular physicians
Appellant respectfully requests this Honorable Court to grant his supersedeas from
suspension of her operating privileges pending hearing upon his/her Appeal.
Date: v 5 ( 1,
Respectfully submitted by,
ROMINGER & ASSOCIATES
Eric R. David, Esq.
155 S. Hanover St.
Carlisle, PA 17201
PA ID: 205748
WILLIAM CAPSHAW,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
LICENSE SUSPENSION APPEAL
I, Eric R. David, Esquire, attorney for Appellant, do hereby certify that I this day served a
copy of the PETITION FOR SUPERSEDEAS FROM RECALL/SUSPENSION OF
MOTOR VEHICLE OPERATING PRIVILEGE upon the following by depositing same in the
United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Date: ??/ 7 J I
Respectfully submitted by,
ROMINGER & ASS CIATES
Eric R. David, Esq.
155 S. Hanover St.
Carlisle, PA 17201
PA ID: 205748
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center,
Harrisburg, PA 17104-2516
VERIFICATION
I verify that I am the Petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. § 4904, relating to unsworn falsification to authorities.
Date:
William Capshaw
FROM (MON)AUG P. 2CI' P 2
COMMONWEALTH OF IT-NNSYLVANIA
DEPARTMENT OF TRANSPORTA'l ON
Bureau (if Driver Licensing
Mail Date: 8/5/2011
WILLIAM R C:APSHAW
1418 BRADLEY DRIVE
F.-III
CARLISLE PA 17013
Dear Mr. WILLIAM R CAPSHAW:
rcinclef
This is an official Notice of the Recall of your Driving Privilege as authorized by Section
1'519(c) of the Pennsylvania Vehicle Code. PennDOT has received medical informmion
indicating you have a Loss of Consciousness and Substance Use condition, which prevents you
from safely operating a motor vehicle.
As of 08/12/201 1, you may no longer drive. Your driving privilegc is hereby recalled until you
have demnnstrHted your condition meets PennDOT's minimum medical standards.
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.
If you feel our records are incorrect, you may have your health care provider submit updated>
information derailing your medical condition.
Tn order to comply with the medical recall, you must return all valid Pennsylvania driver license
products. including your drivcr's liccn.v. endorsement card. learner permits. tempo. rary driver's
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 you are aware of the
action against your driving privilege must be submitted. When PennDOT rcceivcs all of your
valid products or it swum al'lidavit, you will be mailed a receipt. If you do not receive this
receipt within 15 clays, 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 he 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 ??btain a fret photo identification card. The
initial issuance of the phuto identification card will be free by t;omplcting and following the
instructions on the Application for Initial Phutu Identification Card (DL-54A). which is available
on PennD01"'s Driver and Vehicle Services website at www.dmv.stutc.pams. The photo
FROM (MON)A*1r S TN! '2: 21?/a^T. '2:2?•!?'c,33"?1?351?35 ? 3
identification card will be valid for four years: hoA-,.v r, yoll will be required ti hay the rt:newaI
fee after the initial issuance, if you wish to conlinuc to hind a pi'toto idendficat on clrrl.
You have the right to appeal to the Court of Common Pleas (Civil Chvision) within ifs rty (A)
days of the mail date of this notice. If you file an ahpr;il in the Couivy Court. the Co. rt wi I give
you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you rnuNt
;end this time-stamped certified copy of the appeal by certified mail to:
Pennsylvania Department ol'Transporrtatiion
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 117104
You still must send in your Pennsylvunia driver's license products by the cttcctive drr,c of recall
unless you appear in person bef:ire u Judge and receive an order penmitting ynu to con inue
driving.
If you have any questions, please contact the Medical Unit at (717) 787-9664, Monday thrr?ubh
Friday. between the hours of 8 a.m• and 4:15 p.m.
y
incerely.
.Ianct L Dolan, Director
Bureau of Driver Licensing
F)rivcr T icense # H393334
Enclosures: DL-129 : Loss ol'Consclousness and/or Awareness Form
1)L-129 : Substance Use 1"ni-ni
Special Instructions: Your health care provider must address dru1, use.
'7
i.?
WILLIAM CAPSHAW,
Appellant
vi.
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. '/' 1,379 ttv
LICENSE SUSPENSION APPEAL n ,
C= ,
?
a
rna3 MrrI ? r-
te cn
-ZM
r
<?' s,.
Xa =MZ:3
v? ?rn
ORDER SETTING HEARING ON PETITIONER'S
REQUEST FOR S?UPERSEDEAS
AND NOW, this, ??day of A!7, 20j/,_ upon consideration of Petitioner's
request for supersedeas of the notice or order of the Dep e t of Transportation recalling
Petitioner's er's license, a hearing is set for / at .'dd /.m. in
Courtroom, Cumberland County Courthouse, Carlisle, Pennsylvania to determine
whether supersedeas will be granted.
The Petitioner is directed to forthwith serve notice of this supersedeas hearing upon the
Department of Transportation at the address shown in the department's notice or order by
certified mail, return receipt requested.
BY 1? E
J
Erte R . Llowid F-%.
PA pep+ oQTr?ns.
a?
.11 4 1%
WILLIAM CAPSHAW,
Appellant
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. J ?0 3? C
LICENSE SUSPENSION APPEAL c ", r
co
zM
cnr-
=°
-
r
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-)
rn
ORDER FOR HEARING FOR0A?PPEAL OF SPENSION OF DRIVING PRIVILAGE
AND NOW, this day of ot 1, 2011, upon consideration of the petition of for review of an
order of the Department of Transportation suspending petitioner's operating privilege, a hearing
de novo is granted to determine whether the action of the Department of Transportation in
suspending petitioner's operating privilege should be set aside.
HEARING on the above-captioned matter is set for at /'/m.. in
Courtroom Cumberland County Courthouse, Carlisle, Pennsylvania.
The petitioner is directed forthwith to serve a notice of the appeal and copies of the
petition for review and order for hearing on the Department of Transportation at the address
shown in the department's notice or order, by certified mail, return receipt requested.
It is further Ordered that this petition 4JUR / SHALL NOT act as a supersedeas in the
above-referenced matter pending final order of Court after Hearing.
BY C T,
J.
IN THE COURT OF COMMON PLEAS, CUMBERLAN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WILLIAM CAPSHAW,
Petitioner
V. Docket No. 11-6379 1
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, LICENSE RECALL AR 4 `f'
? ??--'
r
BUREAU OF DRIVER LICENSING,
Respondent CO C-) ,
MOTION TO VACATE SUPERSEDEAS za c
NOW COMES Commonwealth of Pennsylvania, Department ofy
..y
Transportation, Bureau of Driver Licensing (the "Department"), by and through its
attorney, Philip M. Bricknell, and moves as follows to vacate the scheduling order
issued in this matter, dated August 24, 2011 (the "Scheduling Order'):
1. The Scheduling Order is not in accord with the requirements of the
Pennsylvania Vehicle Code; 75 Pa.C.S. § 101, et seq.
2. The Department received notice, dated July 26, 2011, that Petitioner is
unsafe to operate a motor vehicle due to medical incompetence pursuant to Section
1519 of the Vehicle Code, 75 Pa.C.S. § 1519. A copy of this notice is attached as
Exhibit A.
3. The Department sent Petitioner notice with a mail date of August 5, 2011,
that Petitioner's license was recalled due to medical incompetence. A copy of this
notice is attached as Exhibit B.
4. On August 11, 2011, the Petitioner filed an appeal of the recall.
5. On August 24, 2011, this Court issued the Scheduling Order, scheduling a
hearing on the merits of Petitioner's appeal of the recall for September 15, 2011. A
copy of the Order is attached as Exhibit C.
6. The Vehicle Code requires that a license recall appeal be scheduled "for
hearing upon 60 days' written notice to the [D]epartment...." 75 Pa.C.S. § 1550(c).
7. While the supersedeas hearing scheduled for September 8, 2011, is in
accord with the Vehicle Code (75 Pa.C.S. § 1550(b)), the hearing on the merits of
Petitioner's appeal should be rescheduled for mid-October.
8. In addition to being in accord with the Vehicle Code, the 60-day notice
period allows the Department to prepare for the hearing and provides Petitioner with an
opportunity to gather evidence to support his appeal.
9. The Department respectfully requests that the Scheduling Order be
vacated and a hearing on the merits of Petitioner's appeal be scheduled in accord with
Section 1550(c) of the Vehicle Code.
Respectfully submitted:
Philip M. Bricknell
Attorney I.D. No. 88330
Vehicle and Traffic Law Division
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street, 3rd Floor,
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
EXHIBIT A
JUL-27-2011 WED 08,30 0 MASLAND ASSOCIATES INC FAX NO, 1 717 249 9332 P. 02
DL-13 (10.01) FOR BUREAU USE ONLY
DEPARTMENT OF TRANSPORTATION • BUREAU OF DRIVER LICENSING Date Received
INITIAL REPORTING FORM Driver #
(Print or Type Requested Information) Reference
DEAR PROVIDER: Although the Department seeks your judgement about your patient's medical fitness to safely operate a motor `
vehicle, the decision about your patient's driver's license is a responsibility of the Department's Bureau of Driver
Licensing which must also take into account other considerations. Please complete Sections A, S, C, and D.
?C JSJ
DRIVER'S LICENSE NO,
LAST NAME(S) JA: ETC iR3T N E
HE GHT SEX EYE COLOR SOCIAL SECURITY NUMBER DATE OF BIRTH TELEPHONE NUMBER
F n a M
_W?l
EET ADpR S
_1(4 N CITY
rr?'I? j
71
? DM
DATE OF EXAMINATION:
DIAGNOSIS OF DISORDER OR DISABILITY: -
Please Check (?) Appropriate Items
? Loss or Impairment of a Foot, Leg, Finger, Thumb, or Hand - Condition:
? Unstable Diabetes
? Cerebral Vascular Disease
? Cardiovascular Disease
oss of Consciousness - Cause: ?Q1rj..r1
Neurological Disorder
? Mental Deficiency
? Mental Disorder
? Alcohol Abuse
? Drug or Controlled Substance Abuse
? Vision Deficiency
Other Medical Condition which would interfere with the patient's ability to drive. Explain:
'
L
1 h 4AW of fd ti,-r.
? Comments:
Do these conditions affect the patient's ability, from a medical standpoint only, to safely operate a motor vehicle?
*qdES ? NO
7S, ure Disorder: ? YES Yf0 Date of Last Seizure:
Does the patient meet any of the Department's waiver requirements? ? YES ? NO
If yes, please explain:
ALL INFORMATION IS CONFIDENTIAL AS PROVIDED jKT%E PA VEHICLE CODE, SECTION 1518(d)
P R'S NAME(Pie?gPrin 0 SIQNATUR ER:
G CAT OR PE IALTY:
\\ P OVID p R
: 0*0
*?A,4 P+ ow
PHYSICIAN STATE
LICENSE E NUMBER: IF
OFFICE PHONE:
Return this form to: BUREAU OF DRIVER LICENSING v DRIVER QUALIFICATIONS SECTION PO ROX 88682 , HARRISBURG, PA 17106.86B2
or FAX to (717) 705.4415
If Additional Information is Required, Please Foal Free to Contact (717) 787-9662
a
EXHIBIT B
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: 8/5/2011
WILLIAM R CAPSHAW
1418 BRADLEY DRIVE
E-111
CARLISLE PA 17013
Dear Mr. WILLIAM R CAPSHAW:
rcindef
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 Loss of Consciousness and Substance Use condition, which prevents you
from safely operating a motor vehicle.
As of 08/12/2011, you may no longer drive. Your driving privilege is hereby recalled until you
have demonstrated your condition meets PennDOT's minimum medical standards.
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.
If you feel our records are incorrect, you may have your health care provider submit updated
information detailing your medical condition.
In order to comply with the medical recall, you must return all valid Pennsylvania driver license
products, including your driver's license, endorsement card, learner permits, temporary driver's
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 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. 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 the Medical Unit at (717) 787-9664, Monday through
Friday, between the hours of 8 a.m. and 4:15 p.m.
Sincerely,
1? a?- 6 g ,?
Janet L Dolan, Director
Bureau of Driver Licensing
Driver License # 11393334
Enclosures: DL-129: Loss of Consciousness and/or Awareness Form
DL-128 : Substance Use Form
Special Instructions: Your health care provider must address drug use.
EXHIBIT C
WILLIAM CAPSHAW,
Appellant
COMMONWEALTH OF
PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER
LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ?? 3 7 c
LICENSE SUSPENSION APPEAL
t
ORDER FOR HEARING FOR APPEAL OF SPENSION OF DRIVING PRIVILAGE
t14 4 A'^0
AND NOW, this day of ? %, 2011, upon consideration of the petition of for review of an
order of the Department of Transportation suspending petitioner's operating privilege, a hearing
de novo is granted to determine whether the action of the Department of Transportation in
suspending petitioner's operating privilege should be set aside.
Q ? p.?
the above-captioned matter is set for -( /? /?, at!? .m•• in
HEARING on Courtroom Cumberland County Courthouse, Carlisle, Pennsylvania.
The petitioner is directed forthwith to serve a notice of the appeal and copies of the
petition for review and order for hearing on the Department of Transportation at the address
shown in the department's notice or order, by certified mail, return receipt requested.
It is further Ordered that this petition SHALL / SHALL NOT act as a supersedeas in the
above-referenced matter pending final order of Court after Hearing.
BY C T,
J.
IN THE COURT OF COMMON PLEAS, CUMBERLAN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WILLIAM CAPSHAW,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
Docket No. 11-6379
LICENSE RECALL APPEAL
PROOF OF SERVICE
I hereby certify that I have on this day and date duly served a true and
correct copy of the foregoing motion to vacate upon:
Eric R. David, Esq.
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Philip M. Bricknell
Assistant Counsel
Date: September 8, 2011
IN THE COURT F PLEAS, COMMON CUMBERLAN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WILLIAM CAPSHAW,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
ORDER
AND NOW, this day of ;?A-, 2011, the order issued in this
matter scheduling a hearing on the merits of Petitioner's appeal of the recall of his
operating privilege for September 15, 2011 is VACATED.
I? A hearing on the merits of Petitioner's appeal is scheduled for the
day of,*W_ > , 20/( , in Courtroom No. 7, of the Cumberland County
Courthouse, at am/#!
Attest:
By the C
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? Eric R. David, Esq., Rominger & Associates, 155 South Hanover Street, Carlisle, PA
17013
Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief
Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516
Docket No. 11-6379
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LICENSE RECALL AA
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WILLIAM CAPSHAW,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-6379 CIVIL TERM
LICENSE RECALL APPEAL
ORDER OF COURT
AND NOW, this 21st day of November, 2011, upon
motion of Appellant, the Petition for Appeal is withdrawn, and
the action of the Department is reinstated.
'/Eric R. David, Esquire
Attorney for Petitioner
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Philip M. Bricknell, Esquire Ma 3 11
Attorney for Respondent
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By the Court,