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HomeMy WebLinkAbout05-3698 Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oS- -3b9? G~iL~81-l APPLICATION FOR SUPERSEDEAS DUANE LEBO, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent APPLICATION FOR SUPERSEDEAS AND NOW, comes Petitioner Duane Lebo, by and through his attorneys, Mancke, Wagner & Spreha, who respectfully represent: 1. Your Petitioner, Duane Lebo, is an adult individual residing at 661 W. Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing recalled Petitioner's driving privileges indefinitely by official notice mailed on June 23, 2005, pursuant to 75 Pa.C.SA 91519, due to an alleged seizure disorder. (See Exhibit A) 4. Petitioner has filed a timely license recall appeal as required by 75 Pa.C.SA 91550. 5. Pursuant to 75 Pa.C.SA 91550 (b), the filing of such an appeal does not act as a supersedeas unless ordered by the Court after a hearing attended by the Petitioner. 6. Petitioner believes that he will be successful on appeal due to the fact that he is not physically or mentally unqualified to be licensed, he is not incompetent to be licensed for any other reason and Petitioner's latest seizure was an isolated incident that did not occur while Petitioner was operating a motor vehicle and his condition is being controlled by seizure medication as prescribed by a certified neurologist. 7. Unless this Court grants this Petition, Petitioner will suffer irreparable injury while waiting for the Court of Common Pleas to rule on the License Recall Appeal since his driving privileges to operate a motor vehicle would be recalled and the loss of license would cause him substantial and irreparable harm due to the fact that Petitioner requires his license to drive to work and perform duties related to his employment as well as provide care to his 11 year old daughter of which he has primary physical custody. WHEREFORE, Petitioner prays this Honorable Court enter a Supersedeas of the Department of Transportation Recall letter dated June 23,2005 which indefinitely recalled Petitioner's driver's license, during the pendency of Petitioner's License Recall Appeal. Respectfully submitted, MANCKE, WAGNER & SPREHA g~ Attorney ID No. 78661 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: July 18, 2005 COMMONWEAL TH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensinu " Mail Date: June 23, 2005 recalszr DUANE LEBO 661 W OLD YORK RD CARLISLE PA 17013 Dear Mr. DUANE LEBO: We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 07/28/2005, you may no longer drive. Y O!lf driving privilege is herebv 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 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 medication, before you will be eligible for reinstatement of your driving privilege. Our records indicate that your seizure occurred on 6/412005. In order to comply with this action, you must return all current Pennsylvania driver's licenses, leamer's permits, 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 MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION 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 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: ~ EXHIBIT '" A ~ ~ ~ ~ " _.~:>~i,,.,;.. ;rs-;;~,~-i~<:ti~ (J -bc::l- 8 }:J ~ I.r( t U( r-' 0 0 """' ~-11 c~: 8; .-' ~ lI(, " '--. ~1=- - -""'-;,-..' C.~ I'Ti \I ~ 1-111 ,.' r- W 1'" VI W ~ -".,-' ~ - . . l~~? _l rn -< r-.: DUANE LEBO, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3698 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent APPLICATION FOR SUPERSEDEAS ORDER OF COURT AND NOW, this 5th day of August, 2005, at the request of Petitioner, without objection from Respondent, hearing in this matter is continued until August 31, 2005, at 3:30 p.m. Edward E. Guido, J. ~ward F. Spreha, Jr., Esquire For the Petitioner ~rge Kabusk, Esquire For the Respondent J srs 'V'lNI/^lASNN3d I "'nn") n'J,,""'flP'^''''''' I\JJ'" F.~'- ','.' . ..._.,.,/I'fl tV 9S lZI \old S- SOV SlJOZ Ab'VlONOHlOOd 3Hl dO 3D1d.-!O-031l:l JI' .. " DUANE LEBO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - .]&,?P {]1~).~8<-1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE RECALL APPEAL LICENSE RECALL APPEAL AND NOW, comes Petitioner Duane Lebo, by and through his attomeys, Mancke, Wagner & Spreha, who respectfully represent: 1. Your Petitioner, Duane Lebo, is an adult individual residing at 661 W. Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of T ransportallon, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Your Petitioner received a Notice of License Recall, a copy of which is attached hereto and made a part hereof as Exhibit A, which recalled your Petitioner's operating privileges indefinitely pursuant to ~1519 (c) of the Pennsylvania Motor Vehicle Code. 4. Your Petitioner believes that said Recall is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner does not suffer from a seizure disorder condition which would prevent him from safely operating a motor vehicle; b. Petitioner is not physically or mentally unqualified to be licensed and suffers from no other incompetency which would require his driving privileges to be recalled; c. Petitioner's seizure was an isolated incident and is being controlled by seizure medication as prescribed by a qualified neurologist. WHEREFORE, your Petitioner prays your Honorable Court to hold a hearing to determine the validity of the recall outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA &J' 'Ow'" F. s~ Attorney ID No. 78661 Attorney for Petitioner 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: July 18, 2005 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. o ~//7'~S Oat / 0~ /'o(~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: June 23, 2005 recalszr DUANE LEBO 661 W OLD YORK RD CARLISLE PA 17013 Dear Mr. DUANE LEBO: We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 07/28/2005, you may no longer drive. Your driving privilege is hereby recalled indefinitely as mandated by Section 15 I 9( 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 improved and vou 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 medication, before you will be eligible for reinstatement of your driving privilege. Our records indicate that your seizure occurred on 6/4/2005. In order to comply with this action, you must return all current Pennsylvania driver's licenses, learner's permits, 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 MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION 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 thirty (30) days of the mail date of this notice. [fyou 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: ~ EXHIBIT ~ {\ ~JL ~ "" -..,...~_.-.,., .".."...........,...........-;""""'" . _ '. ....." _ "'- " . ~...,.'" .'~ ~ -' ~ ~~ ~ c _ .. r-, C'::;J () C.") -n ~, '-- .-;< (~~~, Fil , (""0 -.., r:-? (...n .,.) (J"; .< fRECEIVED JUL 2 2 2~~~ ~ DUANE LEBO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLflND COUNTY, PENNSYLVANIA NO. DS - ,3t"qf {!/CJ~(TEfi-~ APPLICATION FOR SUPERSEDEAS v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this ;}. f. ~ day of ~ ~, 2005, upon consideration of the within Petition, <It.. 1J........~ it is hereby ordered and decreed that a hearing be held on the.5' day of ~, 2005 at C.?/) ,A.M. r" o . ~ o'clock in Courtroom .....:.J, Cumberland County Courthouse. By the Court: ~ J. Distribution: ~ward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 ~nnsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516 ."...."~8 ''':'',';' "I 88 :8 lid 92 lor SOOl ^i:i'!lO;~OlllGdd 3Hl dO j8ij:lo-o:n!~ \<'. , ,;' f~~~:~:tni 'd t RECEIVED JUl 22 2uD51\ v. IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oS- --31091' (3a."L't-'Vl....l LICENSE RECALL APPEAL DUANE LEBO, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, thi~ 7 ~ay of V u/ Y ,2005, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the ~ day of Si.~ 2005, at /0: ttI () o'clock in CourtroomS, Cumberland County Courthouse. lI.m. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. J. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516 A..~' ~ 1-.).'7 -(1 i' q-- / -> cO '" if. ...:.L \"-- W<;'? cj/"~ .\;~0, .' \",\,X\ -c: r-- ". "~"."'..'.h'lN) c-J t\ \i""/" .~.""ro:~'-" (\\)'_''- ~\J.J ~c:'A . 1, ~;~~~1, ~ ~::. \.. \ 0 ~ r)' , -;';(0.. ~o (,,\\\c .60 "'l. ii'VX\l;' reJ\\'o "r-I.\'\')"""" ?.l~" C.:.J ;o:C 0- "::) o "..,. "c.' - .. Petitioner :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO: 05-3698 DUANE LEBO v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent :L1CENSE RECALL APPEAL PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Recall Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER & SPREHA Date: August 22, 2005 Edwa . S a, Jr., Esquire Attorney 1.0. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 B Attorney for Petitioner ..j.,. ,.'.'.H".<.".,...=~~~"'" t-~.) <;;;:;::< o;::? 0' r'.:~ :;;;.. --'(l (.) ....-1 .-1 ~ft :JJ 'C: -fltQ -:'1'--" .,..< I 'fW~ ,~',,")rn .~ -,-~~ ~Q. c.) ,,~ "" DUANE LEBO Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO: 05-3698 :APPLlCA TION FOR SUPERSEDEAS PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned Application for Supersedeas which was filed on behalf of Petitioner. Dare:August22,2005 Respectfully submitted, MANCKE, WAGNER & SPREHA 8Y~"E""'. Attorney I.D. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner " . :').; (l ,..., c::::;. C':::J c..n ~:: c;") r-., o " -, T-rl rnF'::' -nrn -'lC) ~s~q :--'-)rn ::::\ I:~' ~D :< L') 1'-.) .