The URL can be used to link to this page

Home My WebLink About05-4402 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY GORDON R. SIMMERS vs. No.: 0 ~ - '-1'10 J- COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE RECALL APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Petitioner, GORDON R. SIMMERS, by and through his attorney, David E. Hershey, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Appeal and in support thereof, avers as follows: 1. Petitioner, Gordon R. Simmers is a licensed driver in the Commonwealth of Pennsylvania with a residence address of 194 Conodoguinet Mobile Est., Newville, Cumberland County, PA 17241, 2, Department of Transportation, Bureau of Driver Licensing, has a mailing address at1101 South Front Street, Harrisburg, PA 17104, 3. Petitioner received an official notice of recall with a mail date of July 28, 2005, from the Department indicating that his driving privilege is scheduled to be recalled on September 1, 2005, for medical information received indicating! ~etitioner has a seizure disorder condition which prevents you from safely operating a motor vehicle( ~ee Exhibit "A" attached hereto and incorporated herein by reference, ~ 0.vv- 4. The proposed recall is outlined in Exhibit "A" is illegal, improper, or invalid for some or all of the following reasons: a. Petitioner fits the waiver provisions under PennDOT's current regulations pertaining to epilepsy at 67 Pa.Code, S83.4(b), b, The proposed recall is otherwise in violation of Section 1518 and 1519 of the Vehicle Code and related case law. WHEREFORE, Petitioner prays your Honorable Court schedule a supersedeas hearing pursuant to Section 1550 of the Vehicle Code and to schedule a hearing relative to the merits of this appeal. Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P.C. L/~ Dated: O-.t?-50 by: David E. Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 recalszr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: July 28, 2005 GORDON SIMMERS 194 CONODOGUINET M.H.E. NEWVILLE P A 17241 Dear Mr. GORDON SIMMERS: We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 09/01/2005, 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 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 7/2012005. 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. 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: \'\7ZLl VJ \1'1'1\AM-'3.~ "tnrW L\1~lO.OOQO~OJ '\76 \ S'd\1WW1S ~OQ'dOO - - :== ~ s..- ~ \- :::: ~~ ~~- ~~ ~= ~ II ; Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, 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 permitting you to continue driving. If you have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, PA 17106-8682 or call (717) 787-9662 between the hours of8:00 a.m. and 4:30 p.m. Sincerely, ~ Dtf.~ Janet L Dolan, Acting Director Bureau of Driver Licensing Driver License #: 18631743 I17UI Vd tlTIIAA\tlN 'tI"H"W j,tlNlDOOGONOJ 176 I S'dtlWWIS NOG'dOD !!!!!!l!!!!!!!! ~ - ....... ~ ~ *- '" .......... 8~ ""- ",- - ....... 8~ "'= ....= S;~ ~~ ~~* .......... ==== ~ .......... ~ ~ - - VERIFICA nON The undersigned, 60~ 1'<, ),ljV""fJ, verifies 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 Respectfully submitted, ~-1J~~~~ Dated 'i CERTIFICATE OF SERVICE On the day of August 2005, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by First- class Mail, as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P,C. by D"~eL!.:";rn 130 West Church Street Suite 1 00 Dillsburg, PA 17019 (717) 432-9666 10 No,: 43092 ~ ~ .f:0(\ ~ G' (;,fIt ~ ~ .., 0\ ti (') ( ; ....., e';::;;:l C'" en ;r>- c- G"'~ 1',) G\ o " --J rh:n J--- ~::;<,: ::,) c.:) ~J(? : ,:::-:.: ;_,:~5fri :,'\ c,.,. ::0 --< S? en {j, j'RECEIYED AUG 26 200S ;,) !J IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY GORDON R. SIMMERS vs. No.: (01- ~'7'O 2- ~.-( ~ COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING !~ AND NOW, this "lp~ day of er 2005, upon application of the Petitioner, aftar GJ'lJilearil"l!j BefeFEl tl:1ig CQwt witl:1 S9l:lASel reI6ti.", tu I,i:; r~quest tor a ,1'r9r:i9S0CJS blRBcr SCGth~R 1 eGg af tt:\e '.IeRisle Ceae portdi,,;,,~ tu U It:: Ot::pcu trJlent s propu"",d recall uf Iii::; d, i.i"y"" i.il",ge! and the CotJrt Bein!j il"l fee~ipt uf t~:;lh IIU"Y Cl"J e"idsAs6 Hem !'=Ii! tre:8tiFl~ J)MysieisR, said rcqtle3t i& h.!,uby The DctJcut.llc"t is dirceteet te eta.,. t~e flrepesea Feeell8Rs sus~eAs.ieA af retitisRe.r's dri)/in~ priuil9ge' Ilntil ::aftlQr ~ filII Rear-iRg eA tJ=te fTlerits ef Petitional'! 6PI'-'t::dl. IT 18 IIIi:RE:BY 9RBIiRE:B ANa aE:~RIii\ia tllat a ReariA!l ill tRi mir't"il <;,f +h;~ /III.!!!! ill here!!) !!ehelltllall fer tRe liIar 9f , :lOQ~ JM.o .m. in Courtroom No, _ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ~ HIAA:,ciIIC ,Ai i>..~'~ ~u"ut ~ /..14 ",Ld j;/l .J,J'lLSu/lIt~ ,'.sScAuluItJ .,t;~ lJ7dN:Jit'l, ~,.,.JfIZ. la, ~oa5 @ II:()O A.m. Judge Distribution: Cumberland County Prothonotary's Office David E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 George Kabusk, Esquire, Pennsylvania Department of Transportation Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 ~ /Wt-~ f.3/-(){ (}-, - , ~ Alf\lrC'I':"'i ;~i'::~:r~n8 2 S :01 H\t 18 snv SOUl I;,I,11C'\"" "{'"" 3H1 ~o AI-,JV. 'j,jl......t;.2.....LO j .:J 381:J~O-a31!:J ~ ... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE GORDON SIMMERS . * . vs. . NO, 05-4402~ * . DEPARTMENT OF TRANSPORTATION' BUREAU OF DRIVER LICENSING . LICENSE SUSPENSION APPEAL PRAECIPE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw the appeal in the above-captioned matter, as the appeal is now moot. Respectfully s mitted by: Dated: ;)/2 z/d DaidE. Hershey, Esquire ID NO.: 43092 WilEY, LENOX, COLGAN & MARZZACCO, P.C, 130 West Church Street, Suite 100 Dillsburg, PA 17019 I. . CERTIFICATE OF SERVICE On this l1/~ of February 2006, I certify that a copy of the foregoing document was served upon the following attorney for the Commonwealth of Pennsylvania by U.S. regular mail, address as follows: George H. Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted by: /{1-/ David- E, Hershey, Esquire 10 NO.: 43092 WilEY, lENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 -.,<> '-",') C,) ",,' c