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Home My WebLink About05-5546 DEPARTMENT OF MOTOR VEHICLES BUREAU OF DRIVER'S LICENSING, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL No. J.CYY:J- ':iSif~ e" v, ( JESSE MILLER, 2 LODGE ROAD MECHANICSBURG, PA 17055 Petitioner APPEAL OF SUSPENSION PURSUANT TO 1.11519(c) OF THE MOTOR VEHICLE CODE I, Jesse Miller, hereby appeal the decision of the Department of Transportation who issued a Notice of Suspension dated September 27, 2005 and in support of my appeal aver as follows: I. I, Jesse Miller, am an adult individual residing at 2 Lodge Road, Mechanicsburg, PA 17055. 2. I am a resident ofthe Commonwealth of Pennsylvania with a residence as previously stated. 3. I maintain a Pennsylvania Driver's License. 4. By letter dated September 27,2005, I was informed that my driving privileges have been revoked. Attached hereto as Exhibit A is a copy of the letter. 5. I believe I do not have a seizure disorder. 6 . There is no basis for the license suspension. WHEREFORE, I request this Honorable court to reinstate my driving privileges. C ~~'-~ Jesse Mil r ()J 7 fj '?Ptl liS puV 1:'13 71 "I pend!' ?if 1 _0 / F N I>v"4/;f/ ) tf ", Y.l4J iltf jOJf"fS ;J-- [d . VERIFICATION I, the undersigned, hereby verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unswom falsification to authorities. Date: \ ~\\7-~ "bO ) c. J-~~ . recalszr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: September 27, 2005 . ., JESSE MILLER 2 LODGE RD MECHANICSBURG P A 17055 Dear Mr. JESSE MILLER: We have received medical information indicating that you have which prevents you from safely operating a motor vehicle. v (':\s of 11/0 1/2005)0u 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 08/02/2005. 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. 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: <;<;OL l V J. 01lo.t1S;)1N.VB.;)3.W crn3.0a01.z, 1l3.1.1.1W 3.SS3.[ "" ,--' /'v 0 \J'\ ~." "VI=- ::+::> V\, ~ ". '-^ '-' ' .:t:::: ~ - ~ C> -.;-, ~ <:\ -c. ~ >'- ~ - .-- r- .., ~5: -= ~ t.l::-- gdlZ Sff ~. ~~ .....- ~~ * Ii '" ll' ~ . , . i ~ . DEPARTMENT OF MOTOR VEHICLES BUREAU OF DRIVER'S LICENSING, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL No. O~i- 5Yc;~ ~~ JESSE MILLER, 2 LODGE ROAD MECHANICSBURG, PA 17055 Petitioner REOUEST OF SUPERSEDEAS I, Jesse Miller, hereby request a supersedeas of the decision of the Department of Transportation who issued a Notice of Suspension dated September 27, 2005 and in support of my supersedeas aver as follows: I. I, Jesse Miller, I am an adult individual residing at 2 Lodge Road, Mechanicsburg, PA 17055. 2. I am a resident of the Commonwealth of Pennsylvania with a residence as previously stated. 3. I maintain a Pennsylvania Driver's License. 4. By letter dated September 27,2005, I was informed that my driving privileges have been revoked. Attached hereto as Exhibit A is a copy of the l,etter. 5. I feel I do not have a seizure disorder. 6. There is no basis for the license suspension. 7. I am required to turn in my licenses on or before 11/01/05 . I request a supersedeas until I have a hearing based on the merits. Please see exhibit A. 8. In addition to the averments in paragraphs 5 and 6 here of I further state: Sub Paragraph 6A I have had no seizures and or similar episodes for the past thcr-ee months or any similar incidents prior to the last three months. Sub Paragraph 6B I have no reason to suspect what happen will ever happen again. 9. I am married and a father of three children. I need my driver's license to continue my employment. Revocation of my driver's license will inflict unnecessary hardship on myself and my family. WHEREFORE, I request this Honorable Court to reinstate my driving privileges. c ~_' ~ Jesse Mil r VERIFICATION I, the undersigned, hereby verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. Date: \~ L. ~ '1...~~ S , . ~~ .-./----:--' r RECEIVED OCT ~ 1 ZOOS BY: f/lf r -2~~~~:c>'-<o~ I -VV"\2C-~ y''f'. '\,<::o.?..> I Appellant I I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. (Jes- '5 '5'\~ : NO.: COMMONWEALTH OF PENNSYLVANIA,: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL AND NOW, this ORDRR OF rOlmT 1'fIt" dayof ,J~ 2005, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Ordered that a ldr i).c.~ If ~7 - Hearing on the matter shall be held on day of r 200.,) at ~: 36 o'clock A m. in Courtroom No. 5 of the Cumberland County Courthouse. A supersedeas is granted pursuant to Vehicle Code Section 1550(b )(1) until such time that this honorable court resolves this appeal. J. I .. \.(9 ~I ,,'\ i D' ibution: '\.'" I A Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, I Harrisburg, PA 17104 I jess.: I'f\'\\~~ I I i I I i I I I , ---'---- ~ --'~-...~"------- ViWl\lASNN:Jd Il~"",(',n ",,,.,,,-'.:.'Q"'n" 1\.1..,~' c.- '.J , -,'.':":~',dV1\ \.) L'1 :01 W\1IO- AOH SOUl Ai:.NLOi\fJH.i.OCld 3Hl ::10 3:)L:!;l(Kl311:l JESSE MILLER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5546 CIVIL TERM COMMONWEALTH OF PA., PA. DEPT. OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 1st day of December, 2005, having reviewed the exhibits presented by the parties, the supersedeas previously granted in this matter is continued. A hearing on the merits is scheduled for December 28, 2005, at 9:30 a.m., subject to the availability of the doctor. BYc~f~"~:~rt'~ ( I' ~.~ Edward E. Guido, J. \~~\ Derek R. Clepper, Esquire ctt\\\.Ut>.!1.d. For the Appellant George Kabusk, Esquire For the Appellee I) - (-oj C)~L4~).... JUS' Jesse Miller 2 Lodge Road Mechanicsburg, PA 17055 srs " 1",'- ~. '\ I '.-. ~ '. ',t..- ' !'.'.-: JESSE MILLER, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5546 CIVIL TERM COMMONWEALTH OF PA., PA. DEPT. OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 28th day of December, 2005, it having been related by the Department that the Defendant meets the medical standards to be licensed to drive in this Commonwealth, the appeal is dismissed as being moot. By the Court,._ ~~. ") ~ Edward E. Guido, J. . ~. )(Derek R. Clepper, Esquire \~~\.~~"~or the Appellant ~' vGeorge Kabusk, Esquire For the Appellee ~sse Miller 2 Lodge Road Mechanicsburg, PA 17055 --.l srs I)',) '.', ~ t ~ (j~) "'J~\\\ S\l'~ 1 00 ........1 ~a