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HomeMy WebLinkAbout01-3494 DUANE L. LEBO, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1766 CIVIL TERM, & NO. Ol- ,~4- r'f LICENSE RECALL APPEAL v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER i'~ AND NOW, this day of filed in the above referenced matter is: ,.-;- " J " V\..A-- . 2001, the appeal X REMANDED to the Department of Transportation for corrective action reflecting that the Petitioner has complied with the Department's requirements to establish his medical competency to drive safely. DISMISSED and the recall of Petitioner's license which is the basis of this appeal shall be REINSTATED. SUSTAINED. WITHDRAWN. CONTINUED AND RESCHEDULED FOR THE ,2001, AT _.m., IN COURTROOM NO. __ OF THE CUMBERLAND COUNTY ~T HOUSE, CARLISLE, PA. [;0:t.'k BY THE COURT DAY OF ATTEST: Copies to: David E. Hershey, Esq., MANCKE, WAGNER, HERSHEY & TULLY, 2233 N. Front Street, Harrisburg, PA 17110 Terrance M. Edwards, Esq., Office of Chief Counsel, Penn DOT, 3rd Floor, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2516 J. ~ v. IN THE COURT OF COMMON F)LEAS CUMBERLAND COUNTY, PENI\JSYL.VANIA NO. 01- 30Y DUANE LEBO COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE RECALL APPEAL ORDER OF COURT AND NOW, this day of , 2001, upon consideration of Petfticl1er's appec:t1 herelin, and noting further that counsel for Petitioner and counsel for the De!partrnent of Transportation have stipulated that this matter is germane to the matter that the court is sGhElduled to h'3ar at the companion docket of 01-1766 Civil on June 8, 2001, IT IS HEREBY OHDERED AND DECREED that a hearing relative to Petitioner's supersedeas request will be held en June 8, 2001 as well as the merits of the case herein. No decision on Petitioner's mquest for a supl,rsedeas relative to the present action will be rendered prior to said date. BY THE COURT: The Honorable Kevin A. Hess Dist"ibution: Prothonotary's Office OffiGe of Chief Counsel, PennDOT 1101 S, Front St., Harrisburg, PA 17104-2516 David E. Hershey, Esquire 22:33 N. Front St., Harrisburg, PA 17110 v. IN THE COURT OF COMMON F'LEAS CUMBERLAND COUNTY, PENI\JSYLVAr-JIA NO. 01- 3yq~ Cwu -~ DUANE LEBO COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUHEAU OF DRIVER LICENSING LICENSE RECALL APPEAL LICENSE RECALL APPEAL AND NOW, comes Petitioner, Duane Lebo, by and through his attorneys, Mc:mcke, W.agner, Hemhey & Tully, and makes the following averments in support of this License Recall: 1. Petitioner, Duane Lebo, is an adult individual and a Pennsylvania lic,arsed drivElr with a residence address of 661 West Old York Road, Carlisle, CUmbel\ancl County, Pennsylvania 17013. 2. Respondent, Pennsylvania Department of Transportation, BUI"ecIU oj' DrivElr Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1"10-1 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-25'16. 2,. Petitioner received a notice of license suspension by way of letter dc:lte,d May :26, 2001 from the Department of Transportation indicating that his Pennsylvania dri'Jing privileges are to be recalled on June 30, 2001. See Exhibit "A" attached 11Brl3to ancl incorporated herein by reference. 4. The specific issue complained of by the Department of Transportation WClS tl1,lt Petitioner "has seizure disorder and cardiovascular disease conditions tll.E1t co uld affect your ability to drive." 5.. The Department's recall action is illegal, improper, and invalid for som(:, or ail of the following reasons: a. Petitioner's seizure condition does not prevent him from safely operatin!~ a motor vehicle due to a consistent prolonged aura which precedes his seizures. b. Petitioner's episode of May 22, 2001 which triggered the Department's notice was preceded by sufficient warning or aura, there!fore, no motor vehicle was involved; c. According to Petitioner's neurologist, who is aware of the May 2, 200'1 incident, he is safe to operate a motor vehicle notwithstanding any prEl- existing medical condition; d. Petitioner's neurologist has testified in his deposition that Petitioner has a sufficient prolonged aura accompanied by sufficient warning whictlllC1S bE:!en established over the past five (5) years. (See 67 Pa.Code ~B3.4(c:)(2)). e. Penn DOT's six month seizure-free policy is neither codifiE!d by statutE! or regulation; f. Medical testimony will establish that Petitioner has established a sufficilsnt history of warning prior to his seizure episodes to fulfil thiS waivElr requirements of the Department's regulations pertaining to epih:lpsy'; g. Dr. Dell, Petitioner's other primary care physician, has examin':ld PetitionElr and notified PennDOT in writing that Petitioner's cardiac condition does 110t render him unsafe to operate a motor vehicle; and h. The Department's action is in violation of Petitioner's righ':s under the Americans with Disabilities Act, the Federal Rehabilitation Act of 19?3, and the Pennsylvania Human Relations Act because Petitioner is an individual affected with a disability and the Department of Transportation, as a 1 entity receiving government funding, is therefore subject to the provisions of the above three mentioned Acts. \NH EREFORE, Petitioner respectfully requests that this Court issue a stay on the Department of Transportation's proposed action recalling his license effective Junl3 ~IO, 2001 and schl~dule a hearing to determine the validity of the suspension proposed by the Department in Exh bit "A". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY DatE~: 06/06/01 By Davi . Hershey, Es I. D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 3 CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHi::Y ,~~ TULLY, hemby c1artify that I am this day serving a copy of the foregoing document to tile attorneY~i or partes of record in the manner indicated below, which service satisfies the requiremHn1:s of I:hE3 Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United Stcltes ~~ail, postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of May, 2001, at the! addn:~ss listed below: Terence Edwards, Esquire Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 By ,~f'l A i LiJ ~ Tammy L. Kelly MANCKE WAGNER HERSHEY & TULl.Y VERIFICATION I verify that the statements made in the foregoing document are true and correct to tl'1e t)est of my knowledge, information, and belief. I understand that false statements hl3relin are rm:ldf3 subject () the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorites. OatH: O~/ oslo/ I I .J~ tC~---~- DUANE LEBO recalsZT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: May 26, 2001 DUANE LEBO 661 W OLD YORK RD CARLISLE PA 17013 Dear Mr. DUANE LEBO: We have teceived medical information indicating that you have Seizure Disorder and Cardiovascular Disease conditions which prevents you from safely operating a motor vehicle. ~~ .:...~;...: .....",; :; . As of 0613012001, you may no longer drive. Your driving privilege is he(eby recalled indefinitely as mandated by Section 1519(c) of the Vehicle Code. This decision has been made by comparing your medical condition with the standards recommended by our Medical Advisory Board and adopted by this Department. This action will remain in effect until we receive medical information that your condition has impJ:oved and you are able to safely operate a motor vehicle. Since you have a seizure disorder, you must remain seizute free for a six month period. with or without medication. before you will be eligible for reinstatement of your driving privilege. Our records indicate that your seizure occurred on ~/2IOl. In order to comply with this action, you must return aU current Pennsylvania driver's Hcenses. learner's pennits, temporary driver's licenses (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 sanction against your driving privilege must be submitted. When the Department receives your license or affidavit. we will send you a receipt. YOU 'MA Y NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFlCA nON PURPOSES. Howe-ver. you may apply for and obtain a photo identification card at any Driver License Center. You must present two (2) forms of proper identificatjon (e.g.. birth certificate, ....alid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You have the right to appeal to the Coun of Com mOD 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: e..J EXHIBIT <{ '" ~ _A w ~ :3 ;;t J\ln~04-2001 ,11 :13_ From- e T-250 P,003/010 F-767 Pennsyl vania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Han'isburg, P A 17104 You still must send in your license before the effective date of recall unless you appear in person before a judge and receive an order pennitting you to continue driving. lfyou have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, P A 17106-8682 or call (117) 187-9662 between the hours of 8:00 a.m. and 4:30 p.m. Sincerely, . ~~.~ Rebecca L Bickley, Director Bureau of Driver Licensing Driver License #; 15713702 .' . .. ~ .~ '-. ... . . . .' .J. . I '. . . - ..-. . ... 1- . ..., . - ...,. . no. ......' . DUANE LEBO IN THE COURT OF COMMON I:'LEAS CUMBERLAND COUNTY, PENNSYL.VANIA v. NO. (H- 3lf9Y COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE RECALL APPEAL ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Pet~ticI1E!r's appeal herelin, and noting further that counsel for Petitioner and counsel for the De:partrnsnt of Transpoliation have stipulated that this matter is germane to the matter that the court is schE~dulecl to hi3ar at the companion docket of 01-1766 Civil on June 8, 2001, IT IS HEREB'{ ORDERED AND DECREED that a hearing relative to Petitioner's supersedeas request will be "ield on June 8, 2001 as well as the merits of the case herein. No decision on Petitioner's mques1: for a sup!~rsedeas relative to the present action will be rendered prior to said date. BY THE COURT: The Honorable Kevin A. Hess Distt"ibution: Prothonotary's Office OffiGe of Chief Counsel, PennDOT 1101 S. Front St., Harrisburg, PA 17104-2516 David E. Hershey, Esquire 22:33 N. Front St., Harrisburg, PA 17110 DU,tINE LEBO IN THE COURT OF COMMON F)L.EAS CUMBERLAND COUNTY, PENNSYL.VANIA v. NO. LICENSE RECALL APPEAL (') C) c~1 < -CJ [~:: .~--- ~~-;;~ - C/) }': a., ' . -<.. ~., , "__~ (1..,) ~Cj .j, ~ ." L.T) ~ t< ~~.~ ::.1 C) AND NOW, comes Petitioner, Duane Lebo, by and through his attorneys, ~E~, \91iPagn~f" ~ ~ 53 Hershey & Tully, and makes the following averments in support of this License Recall: -< COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUHEAU OF DRIVER LICENSING LICENSE RECALL APPEAL 1. Petitioner, Duane Lebo, is an adult individual and a Pennsylvania lic'f3nsed drivElr with a residence address of 661 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Pennsylvania Department of Transportation, Bureau of DrhlElr Licensing, has a mailing address at Riverfront Office Center, Third Floor, "1'10'1 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-25 '113. 2i. Petitioner received a notice of license suspension by way of letter dc:lte,d May :26, 2001 from the Department of Transportation indicating that his Pennsylvania drivin!~ privileges are to be recalled on June 30, 2001. See Exhibit "A" attache:d [-III~n3to and incorporated herein by reference. 4. The specific issue complained of by the Department of Transportation WElS t11,3t Petitioner "has seizure disorder and cardiovascular disease conditions tl1elt could affect your ability to drive." E.. The Department's recall action is illegal, improper, and invalid for SOm€l or alii of I:h!3 following reasons: a. Petitioner's seizure condition does not prevent him from safely operating C3 motor vehicle due to a consistent prolonged aura which preced,es his seizures. b. Petitioner's episode of May 22, 2001 which triggered thE~ Depalirnent's notice was preceded by sufficient warning or aura, therMore, 110 motor vehicle was involved; c. According to Petitioner's neurologist, who is aware of the May 2, 200'1 incident, he is safe to operate a motor vehicle notwithstanding any prE!- existing medical condition; d. Petitioner's neurologist has testified in his deposition that Petitiorlt~r has a sufficient prolonged aura accompanied by sufficient warning which hem t)een established over the past five (5) years. (See 67 Pa.Code S83..4(c)(2)). e. PennDOT's six month seizure-free policy is neither codifiEld by Sitcltutl:l or regulation; f. Medical testimony will establish that Petitioner has established a sufficient history of warning prior to his seizure episodes to fulfil' the waiver requirements of the Department's regulations pertaining to epil(~psy; g. Dr. Dell, Petitioner's other primary care physician, has examin!::!d F'€!titionE!r and notified Penn DOT in writing that Petitioner's cardiac condition does 110t render him unsafe to operate a motor vehicle; and h. The Department's action is in violation of Petitioner's ri!~h':s under the Americans with Disabilities Act, the Federal Rehabilitation Act of 197:3, cnnd the Pennsylvania Human Relations Act because Petitioner is an individual affected with a disability and the Department of Transportation, as an entity receiving govemment funding, is therefore subject to the provisions of I:hl~ above three mentioned Acts. \NH EREFORE, Petitioner respectfully requests that this Court issue a :stay on the Department of Transportation's proposed action recalling his license effective Jum~ ~10, 2001 ,met schedule a hearing to determine the validity of the suspension proposed by the DHpartment in Exh:bit "A". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY OatH: 06/06/01 By Oavi . Hershey, Es 1.0. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 3 CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSH!:::'" ,:~ TULLY, he~mby certify that I am this day serving a copy of the foregoing document to tile attomeY~i or partes of record in the manner indicated below, which service satisfies thl3 requiremBl'l't::i of the Pennsyh/i3nia Rules of Civil Procedure, by depositing a copy of same in the United Slc:ltm; Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of May, 2001, at thE~ address listed below: Terence Edwards, Esquire Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 By ,~-,ru~! n Yl ~ Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY VERIFICATION I verify that the statements made in the foregoing document are true and correct to tl'le~ b,est of rny knowledge, information, and belief. I understand that false statements hf3relin <:If'!:! mc:ldE3 subject () the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authoritie~5. OatH: OG/OS/o/ - I I J~ ~~____ OUAN E LEBO 'recalszr COMMONWEALTH OF PENNSYLV ANlA DEPARTMENT OF TRANSPORTATION Bureau of Drivel' Licensing Mail Date: May 26, 2001 DUANE LEBO 661 W OW YORK RD CARLISLE PA 17013 Dear Mr. DUANE LEBO: We have :received medical information indicating that you have Seizure Disorder and Cardiovascular Disease conditions which prevents you from safeLy operating a motor vehicle. ~~ .:.,,~;.~~ ..........: :'; . As of 06/30/2001, 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 comparing your medical condition with the standards recommended by our Medical Advisory Board and adopted by tbis Department. This action will remain in effect until we receive medical information that yout' condition has impl.'oved and you are able to safely operate a motor vehicle. Since you have a seizl.lte disorder, you must remain seizute free for a six month period. with or without m.edicatjon. before you will be eligible for reinstatement ofyoue driving privilege. OUf records indicate that your seizure occurred on 5/2/01. In order to comply with this action, you must return all cw:rent Pennsylvania driver's Hceoses, learner's pennits, temporary driver's licenses (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 sanction against your driving privilege must be submitted. When the Department receives your license or affidavit, w~ will send you a receipt. YOt11\'.iA Y NOT RETAIN YOUR DRIVER'S LICENSE FOR JDENTIFICA nON PURPOSES. However. you may apply for and obtain a photo identification card at any Driver License Center. YO{l must present two (2) forms of proper identification (e.g., birth certificate, ....alid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You have the right to appeal to the Court of Common Pleas (Civil Division) within tbirty (30) days of the mail date of this notice. If you file an appeal in thv Counly 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: Jun-04-2001 11: 13 From- T-250 p.OOa/010 F-767 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg. PA 17104 , I You still must send in your license before the effective dale of recall unless you appear in person before a judge and receive an order pennitting you to continue driving. lfyou have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, P A 17106--8682 or call (! 17) 787-9662 between the hours of 8:00 a.In. and 4:30 p.m. Sincerely, . ~~,~ Rebecca L Bickley, Director Bureau of Driver Licensing Driver License #; 15713702 ,'. ~ . '. . . I ; ". ~J' . .:., . - _:~, . - ....1'. " . .... ..... v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANL/~ NO. cJ/ -SY9tj DUANE LEBO COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUF1EAU OF DRIVER LICENSING LICENSE RECALL APPEAL ORDER OF COURT AND NOW, this day of , 2001, upon consideration of Pet~ticl1er's appe,:11 here!in, and noting further that counsel for Petitioner and counsel for the DE!partm1ent of Transportation have stipulated that this matter is germane to the matter that the court is SGhelduled to h\ear at the companion docket of 01-1766 Civil on June 8, 2001, IT IS HEREB'!" OHDERED AND DECREED that a hearing relative to Petitioner's supersedeas request will be "ielcl on JunE3 8, 2001 as well as the merits of the case herein. No decision on Petitioner's mque!:;t for a supE3rsedeas relative to the present action will be rendered prior to said date. BY THE COURT: The Honorable Kevin A. Hess Dist"ibution: Prothonotary's Office OffiGe 01' Chief Counsel, Penn DOT 1101 S. Front St., Harrisburg, PA 17104-2516 David E. Hershey, Esquire 22:33 N. Front St., Harrisburg, PA 17110 DUANE LEBO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS.ylVAr'JLi~ v. NO. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUHEAU OF DRIVER LICENSING (") C::' 1.' G ',1 LICENSE RECALL APPEAL -u f:''": '-- I IIi f-~: or-:: 2;1' z Zc-" I (f) ...: cr', -<.... ~C) _"", ;:~8 > C.' r-,,) '.,) -=....; .. .:.::i AND NOW, comes Petitioner, Duane Lebo, by and through his attorneys, ManCk~W~jer, ~ LICENSE RECALL APPEAL Hemhey (~ Tully, and makes the following averments in support of this license Recall: 1. Petitioner, Duane Lebo, is an adult individual and a Pennsylvania licl:3rssd drivElr with a residence address of 661 West Old York Road, Carlisle, Cumbenlancl County, Pennsylvania 17013. 2. Respondent, Pennsylvania Department of Transportation, BUI"ecl.U of Orh/Elr licensing, has a mailing address at Riverfront Office Center, Third Floo!', "'10'1 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-25'113. 2" Petitioner received a notice of license suspension by way of letter d(;ltE~d May :26, 2001 from the Department of Transportation indicating that his Pennsylvania drivin!~ privileges are to be recalled on June 30, 2001. See Exhibit "A" attachHj hHn:~to cme! incorporated herein by reference. 4. The specific issue complained of by the Department of Transportation was tl"lClt Petitioner "has seizure disorder and cardiovascular disease conditions tl1~lt could affect your ability to drive." S. The Department's recall action is illegal, improper, and invalid for som€;! or all of I:h(3 following reasons: a. Petitioner's seizure condition does not prevent him from safely operatin!~ a motor vehicle due to a consistent prolonged aura which preced,es his seizures. b. Petitioner's episode of May 22, 2001 which triggered thE~ Department's notice was preceded by sufficient warning or aura, there!fore, no motor vehicle was involved; c. According to Petitioner's neurologist, who is aware of the May 2, 2001 incident, he is safe to operate a motor vehicle notwithstanding any prEl- existing medical condition; d. Petitioner's neurologist has testified in his deposition that Petitioner has a sufficient prolonged aura accompanied by sufficient warning whic~111W) bE:!en established over the past five (5) years. (See 67 Pa.Code ~83.4(G)(2)). e. Penn DOT's six month seizure-free policy is neither codifield by stc:ltutE! or regulation; f. Medical testimony will establish that Petitioner has established a suffich::Hit history of warning prior to his seizure episodes to fulfil, tht:! wahwr requirements of the Department's regulations pertaining to epil(:!psy'; g. Dr, Dell, Petitioner's other primary care physician, has exarnin'::ld PE!titionElr and notified PennDOT in writing that Petitioner's cardiac condition does 110t render him unsafe to operate a motor vehicle; and h. The Department's action is in violation of Petitioner's ri!~h':s under I:hE3 Americans with Disabilities Act, the Federal Rehabilitation Act of '197:3, ,me! the Pennsylvania Human Relations Act because Petitioner is an individU<:11 affected with a disability and the Department of Transportation, as an entity receiving government funding, is therefore subject to the pl"Ovisions of I:h!~ above three mentioned Acts. WHEREFORE, Petitioner respectfully requests that this Court issue a stay on thl~ Department of Transportation's proposed action recalling his license effective Jun\: ~IO, ?001 Em(j schBclul,e a hearing to determine the validity of the suspension proposed by the DHpartrnent in Exhibit "A". Respectfully submitted, MANCKE WAGNER HERSHEY & TULLY DatE~: 06/06/01 By Davi . Hershey, Es 1.0. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 3 BY.~"" l ~ Lh ~ Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHE'{ l~ TULLY, hE~rE!by certify that I am this day serving a copy of the foregoing document to the at1:omeys or partes of record in the manner indicated below, which service satisfies thl3 requiremenb:i of l:t1!~ Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United StatE:!S Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of May, 2001, at thE! ac~dmss listed below: Terence Edwards, Esquire Office of Chief Counsel PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 VERIFICATION I verify that the statements made in the foregoing document are true and correct to 1:1'1e best of illY knowledge, information, and belief. I understand that false statements hl3redn arH madl3 subject () the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authoritiei5. OatH: O~/ os/o/ - I I .J~ ;C k_______ DUANE LEBO recalszr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: May 26, 2001 DUANE LEBO 661 W OlD YORK RD CARLISLE PA 17013 Dear Mr. DUANE LEBO: We have teceived. medical information indicating that you have Seizure Disorde:r and Cardiovascular Disease conditions which prevents you from safeLy operating a motor vehicle. J':-' .;'..f ;~.l' . ....".: :'; , As of 06130/2001, 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 comparing your medical condition with the standards recommended by our Medical Advisory Board and adopted by tbis 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. Since you have a seizure disorder, you must remain seizure free for a six month period, with or without medkatiolJ" before you will be eligibJe for reinstatement of your driving privilege. OUf records indicate that your seizure occurred on 5/2/01. In order to comply with this action, you must 'return all current Pennsylvania driver's Ucenses, learner's pennits, teIIlpocary driver's licenses (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 sanction against your driving privilege must be submitted. When the Department receives your license or affidavit, we will send you a receipt. YOU 'MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR lDENTIFICA nON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center. You must present two (2) forms of proper identification (e.g.. birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You have the right to appeal to the Court of Common Pleas (Civil Division) within tbJrty (30) days of the mail date of this notice. If you file an appeal in ~ County Court, the Court will give you a time-stamped certi,fied copy of the appeal, In order fol' your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Jun-04-2001 11 :13 From- T~250 P,003/010 F-767 Pennsyl vania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg. PA 17104 You still must send in your license before the effective dale of recall unless you appear in person before a judge and receive an order permitting you to continue driving. If you have any questions or need further information, please contact the Medical Unit, P,Q. Box 68682, Harrisburg, PA 17106-8682 or call (117) 787-9662 between the hours of 8:00 a.m. and 4:30 p.m. Sincerely, . ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License #; 15713702 .". t - .. n.. _'.' _, - .. " ' . . ... . ," '.-'. . .' :':. :.. . - - ::~: .' - .";.": .;' "