The URL can be used to link to this page

Home My WebLink About11-7405 i C.-F 26 Ph 2' STEVEN CADWALL THE COURT OF COMMON PLEAS OF A ellant?F-? YIO SI pp ? ? $ CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW comes the Appellant, Steven Cadwallader, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following: 1. Appellant, Steven Cadwallader, resides at 315 Hollow Brook Drive, Carlisle, PA 17013. 2. The Bureau of Driver Licensing notified Appellant on September 21, 2011 that his driver's license shall be recalled effective September 28, 2011 for an allegation he has a substance use condition that prevents him from safely operating a motor vehicle. See Exhibit "A" Notice of the Recall of Your Driving Privilege. 3. Appellant denies that he has a substance use condition that prevents him from operating a motor vehicle. 4. Appellant submits he received a DUI charge in November 2010 and his alcohol result was 0.15% and there was no automobile accident. 5. Appellant submits he has successfully completed outpatient counseling required by the Cumberland County ARD Program. 6. Appellant submits he has consumed small amounts of alcohol at his home at the conclusion of his workday but he does not drive an automobile after the consumption of any alcohol. 7. Appellant submits that his medical doctor sent notice to PennDOT of an alleged abuse of alcohol based upon a report from his current wife, whom is disgruntled with Appellant. 8. Appellant submits that his medical doctor sent a notice to PennDOT that led to the recall of his driver's license. ?L2 C6 f d, aq a-P /7i4 9. Appellant submits his medical doctor never called him to discuss the false allegation that Appellant has a substance use condition that prevents him from operating a motor vehicle. 10. Appellant submits that he needs his motor vehicle license to continue his employment with his company. 11. Appellant is 56 years of age and had no criminal record or involvement with the criminal justice system until his DUI offense in 2010. 12. Appellant respectfully requests your Honorable Court grant a supersedeas of any suspension of his license until a hearing has been held. WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a supersedeas of any suspension until this matter is resolved regarding the underlying Notice of the Recall of Your Driving Privilege. Respectfully submitted, Date: atri k F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 STEVEN CADWALLADER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee I, Patrick F. Lauer, Jr., Esquire, undersigned counsel for Appellant, Steven Cadwallader, hereby verifies and states that: I . I am the attorney for Appellant, Steven Cadwallader; 2. I am authorized to make this verification on my client's behalf, 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief, and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date: Respectfully PatAck F.'Lauer,-Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA rcindef DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 9/21/2011 STEVEN CADWALLADER 315 HOLLOW BROOK DRIVE CARLISLE PA 17013 Dear Mr. STEVEN CADWALLADERR: 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 Substance Use condition, which prevents you from safely operating a motor vehicle. As of 09/28/2011, 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 PeruiDOT. 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, Janet L Dolan, Director Bureau of Driver Licensing Driver License # 16570321 Enclosure: DL-128: Substance Use Form Special Instructions: Your health care provider must address alcohol use. STEVEN CADWALLADER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, : SUSPENSION BUREAU OF DRIVER LICENSING, Appellee I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's License Suspension upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: atrick . Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 STEVEN CADWALLADER, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY c, Zg NO. 11-7405 CIVIL TE$ M-,?, z .c inn o C-- ?rn ORDER 4 °o AND NOW, this 7m day of November, 2011, the appeal filed in the above- captioned matter is REMANDED to the Department of Transportation for correction of its records. BY THE C J. Attest: ? Patrick F. Lauer, Jr., Esq., 2108 Market Street, Aztec Building, Camp Hill, PA 17011 `J Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, TO Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ?Pie-s Mated it',/0ab