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Home My WebLink About13-1616 U13 MAR 2 PM 2: 16 c�0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ,'111 1f? RL AH0 COUNTY E'BI NS` I VANIA CYNTHIA C. ST.JOHN, Petitioner V. NO: COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent TO THE HONORABLE JUDGE OF THE ABOVE SAID COURT: AND NOW COMES,Petitioner,Cynthia C.St.John,by and through her attorney David E. Hershey of Colgan & Associates, LLC, who makes the following averments in support of this License Suspension Appeal: 1. Petitioner,Cynthia C.St.John,is a licensed driver and a Cumberland County resident with an address of 312 N. 24`" Street,Camp Hill,PA 17011. 2. Respondent, The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing has a mailing address of 1101 South Front St.,Harrisburg,PA 17104. 3. Petitioner received a notice,with a mail date of February 26,2013 from Respondent with a proposed medical recall pursuant to §1519 of the Vehicle Code. See"Exhibit A"attached hereto,and incorporated herein by reference. ,� l 75 4. The recall,as proposed by the Department,is illegal,improper and invalid for some or all of the following reasons: a. Petitioner does not have a seizure condition which prevents her from safely operating a motor vehicle. b. Petitioner meets the waiver criteria under 67 Pa.Code 83.4 (b)(2). C. The Department's regulation at 67 Pa.Code 83.4(a) creates an irrebuttable presumption that Petitioner is incapable of safely operating a motor vehicle and therefore violates Petitioner's due process rights under the State and Federal Constitutions. d. The physician which forwarded the initial report to the Department triggering the Department's action advised Petitioner that he was not comfortable specifically diagnosing and/or treating her condition and therefore referred her to another neurologist for a more specific evaluation and work up. e. The reporting physician,which triggered the Department's action in this case, has indicated in his reports that all diagnostic tests performed on Petitioner were within normal limits as of January 7, 2013. f. Petitioner has had no medical symptoms which have interfered with her driving. 2 WHEREFORE, Petitioner prays that Your Honorable Court grant the attached Order scheduling the matter for a hearing and directing the Department to stay the proposed suspension until such time as this matter can be decided on its merits. Respectfully submitted, Date: David E. Hershey,Esquire COLGAN&ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 3 CERTIFICATE OF SERVICE On the day of March,2013,I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, First Class,as follows: Philip Bricknell, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Date: David t.-Hershey, Esquire COLGAN&ASSOCIATES,LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 VERIFICATION verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. 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: �- Jlc % L E rcterm COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 2/2612013 CYNTHIA CLARK STJOHN 312 N 24TH ST CAMP HILL PA 17011 Dear Ms. CYNTHIA CLARK STJOHN: This is an official Notice of the Recall of your Driving Privilege as authorizer)by Section 1519(c)of the Pennsylvania Vehicle Code. PennDOT has received medical information indicating you have a Seizure condition,which prevents you from safely operating a motor vehicle. As of 03/05/2013,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 1/7/2013. 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 7/7/2013. Please do not have the enclosed form completed by your health care provider prior to 7/7/2013. ._ _ If you feel that our records arc 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 CenUw 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 RF,TAIN YOUR DRIVER'S LICENSE FOR IDF.NTIRCATION PURPO!SF.S. However,you may apply for and obtain a free photo identification curd. 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.w%, 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 vatid,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 cffcetivc 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, I Janet L Dolan, Director Bureau of Driver Licensing Driver License# 16937553 Enclosure: DL-121 : Seizure Reporting Form a w w � w w w w w N � CYNTH CYNTHIA CLARK STJOHN 312 N 2• 312 N 24TH ST CAMP 1 CAMP HILL PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY i CYNTHIA C. ST.JOHN, Petitioner V. NO: . '' !c.C�1 C+t1 Cv a COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this a day of —I _ , 2013, upon consideration of the Petitioner's Appeal filed in the above captioned matter,this matter is hereby scheduled for a hearing on the day of ----i5 2013,at qwD i.m. in Courtroom c3-"- of the Cumberland County Courthouse located at 1 Courthouse Square, Carlisle, Pennsylvania rr,cu - i c/7 CO € BY THE COURT: c--) - ca J. Distribution: Philip Bricknell,Esq.,Office of Chief Counsel,PennDOT, 1101 S.Front St.,Harrisburg,PA 17104 'f David E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 ,mil " coil( c r lLED-0r t=ICL- ifit PROTFiot4oTAR�' 13 P� 2� ��SA'' IN THE COURT OF COMMON PLEAS 213 CUMBERLAND COUNTY CUMBERLAND COt NTy PENNSYLVANIA CYNTHIA C. ST. JOHN, Petitioner V. NO: 13-1616 Civil COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent PRAECIPE To: David D. Buell, Prothonotary Please withdraw the License Suspension Appeal in the above-captioned matter as the issues raised therein are now moot. Date: David E. Hershey, Esquire ID No.: 43092 COLGAN &ASSOCIATES, LLC 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 CERTIFICATE OF SERVICE On the day of May, 2013, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by United States mail, first- class,postage prepaid, as follows: Philip Bricknell, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Honorable Merle Ebert, Jr., J. Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, Date: ��"�1 — David E. Hershey, Esquire ID No.: 43092 COLGAN &ASSOCIATES, LLC 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 Attorney for Petitioner