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Home My WebLink About06-2028 GEORGETTE MILOS v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO:-.L>{.. - JnJ. P Cu-, (TtR..\. LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, PENNSYLV ANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL FROM SUSPENSION OF OPERATOR'S DRIVING PRIVILEDGE PURSUANT TO 1519(c) AND REQUEST FOR SUPERSEDEAS HEARING AND NOW comes the Appellant, Georgette Milos, by and through her attorney, Michael J, Whare" Esquire, and respectfully avers the following: I. Appellant resides at 515 Garland Drive, Carlisle, Pennsyl vania. 2, Appellant received Notice dated March 10,2006, stating that as a result of her alleged medical condition under Section 1519( c) of the Vehicle Code, her driving privilege was being suspended indefinitely, effective April 14, 2006, at 12:01 a,m, A copy is attached hereto as Exhibit "A", 3, Petitioner is capable of driving during the daytime and she believes PennDot's suspension of her license is improper. 4. Petitioner believes that Dr. Bowers erroneously filled out her medical form provided by PennDot. 5, Further, PennDot has been contacted and has refused to provide the confidential report and Petitioner is without knowledge as to her exact medical condition, if any, that prohibits her from driving. 6, Petitioner denies that she is incompetent. 7, Therefore, Petitioner reserves the right to supplement this appeal on all legal/factual issues once adequate discovery is provided, 8, Between the date of this filing and the hearing, Petitioner plans on having a medical evaluation performed by a doctor to determine her ability to drive a motor vehicle. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to schedule an expedited hearing to determine whether the filing of this appeal should act as a Supersedeas pending the final outcome of this appeal. Respectfully submitted, ROMINGER & WHARE ;t1~ 4h-A Michael J. Whare, Eg(]uire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court 1D # 89028 Attorney for Petitioner Date: '1-/0-0& GEORGETTE MILOS v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: () (p - J-O ~\(' LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Defendant. do hereby certify that I this day served a copy of the Notice of Appeal and Requestfor Supersedes Hearing upon the following by depositing same in the United States Mail. first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: Lj-/()-c(,. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PAl 71 04-2516 Respectfully submitted, ROMINGER & WHARE ;t1~ ,;Jh/L Michael J, Whare.(1':squire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Petitioner recallns COMMONWEAL TH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing' Mail Date: March 10, 2006 GEORGETTE MILOS 515 GARLAND DRIVE CARLISLE PA 17013 Dear Ms, GEORGETTE MILOS: We have received medical information indicating that you have a General Medical condition which prevents you from safely operating a motor vehicle, ~~4j[ 4/200(xPu may no longer drive, Your driving privilege is hereby recalled ll1definitely as mandated by Section 15I9(c) of the Vehicle Cde. 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. In order to comply with this action, you must return all current Pennsylvania driver's licenses, leamer'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. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photu identification card at any Driver License Center. 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 copy of the appeal by certified mail to: " .) l' \j I -""1 . .v- 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, [fyou have any questions or need further information, please contact the Medical Unit, P,O, Box 68682, Harrisburg, P A 17106-8682 or call (717) 787-9662 between the hours of 8:00 a,m, and 4:30 p.m, Sincerely, ~~ '\. JJ~w Janet L. Dolan, Acting Director Bureau of Driver Licensing Driver License #: 10916703 r: , " ~ " w .{;g. "r 7CJ U( r'_ ~ c.! ,. t:0 *- en. en D " - e.__ -:z l::: ~) ~..';.; ~ r -.:t F- e- ~ p +- ( ---, GEORGETTE MILOS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2006-2028 CIVIL v, : Appeal of Operator's License Suspension COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: MOTION TO CONTINUE SUPERSEDES HEARING AND NOW, comes Georgette Milos, by and through her counsel, Michael J, Whare, Esquire and in support of her Motion to Continue Supersedes Hearing avers as follows: I. There is a Supersedes hearing scheduled for May 17,2006, in the above captioned matter. 2, Your petitioner planned to have a medical evaluation prior to the aforementioned hearing, 3. The medical evaluaion will be a significant factor in the supersedes hearing, 4, Your petitioner is unable to get a doctor's appointment prior to May 25, 2006, 5, Undersigned counsel's staff contacted The Honorable M, Ebert's office and obtained a new date of May 26, 2006, at I I :00 a,m. for the hearing, 6, Judge Ebert's office contacted Attorney George Kabusk and he is available for the May 26, 2006, hearing. WHEREFORE, your petitioner respectfully requests that this Honorable Court grant her Motion and reschedule the Supersedes Hearing to May 26, 2006, at 1 I :00 a,m, r_ "'--0(, Date: )' ~' Respectfully submitted, ROMINGER & WHARE !!:1l :;;;::!Etwr~ A 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff GEORGETTE MILOS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2006-2028 CIVIL v. : Appeal of Operator's License Suspension COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: CERTIFICATE OF SERVICE I, Michael J, Whare, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Continue Supersedes Hearing upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George Kabusk, Esquire Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Dated: ~- S- ~t:> ( Respectfully submitted, ROMINGER & WHARE d~ rfui;;- Jl 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff VERIFICA nON Michael ], Whare, Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa, C,S, Pa.C.S, ~4904, relating to unsworn falsification to authorities, Date: May 5, 2006 tvz.~L.::/1 Attorney for Defendant o ~;" ""0(\' q)rr ::-;,- (i:~:'- r'-;: ~. "'-. }':'.>- ..:. )".... ~~ ,'"'- ~ .;:.-:.:J .-,:J'" ~ ~ I <Jl (,:) --n ::?--n ft1 r- -r1f\!, 'i)O ()c;..., :~~~t) <,)l--r\ '-' .~ :.<: ~ - - - o o.5J v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, 2006-2028 CIVIL GEORGETTE MILOS, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL OF OPERATORS LICENSE : SUSPENSION ORDER OF COURT AND NOW, this 15t day of May, 2006, upon consideration of this Petitioner's request for Supersedeas Hearing pursuant to 75 Pa,C.S,A, 9 1550(b)(1 )(ii), IT IS HEREBY ORDERED AND DIRECTED that a hearing on the Supersedeas pursuant to Vehicle Code Section 1550(b)(1) shall be held on Wednesday, May 17, 2006 at 2:30 p.m. in Courtroom No, 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania; IT IS FURTHER ORDERED AND DIRECTED that the Petitioner shall be considered the moving party in this matter and shall bear the burden of proof. The Pennsylvania Department of Transportation is directed to appear and place into evidence any written medical report relied upon by the Department to establish that the Petitioner is not physically or mentally qualified to be licensed, and such other evidence that it may choose to present. By the Court, M~ ~rt~ \ J. ~orge Kabusk, Esquire Attorney for PA Dept. of Transportation ~chael J. Whare, Esquire ~ Attorney for Petitioner bas I 0:8 tld I - A VH 9lJOZ ""'C'" '" JHl 'n ^QVi. )i\J:).- "',);,1Cl:'" .::z,,) :J:')H.:j(}-'-G3l!:l GEORGETTE MilOS, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 2006-2028 CIVil COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL OF OPERATORS LICENSE : RECAll ORDER OF COURT AND NOW, this 1st day of May, 2006, upon consideration of the Petitioner's Appeal from Recall of Operating Privilege pursuant to Section 1519 a hearing shall be held on the 13th day of July at 9:00 a,m. in Courtroom No.5, of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M~~"~\J -,\ bas )\jJ'W('~' ,"" "'<~VW;8 I 0 :t; lid 1- m'l SDliZ ^HVlC'I;\I~:;,_. ~t\I,.,; ".".'; :11".11 ~O ICy:InH .')1':D tvlAY . 5 2006 I ..I, 1 . GEORGETTE MILOS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2006-2028 CIVIL v, : Appeal of Operator's License Suspension COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: ORDER OF COURT AND NOW, this S~ay of ~ ,2006, in consideration of the within Motion to Continue Supersedes Hearing, the Motion is granted and the hearing is now scheduled for May 26, 2006, at II :00 a,m, in Courtroom #5, at the Cumberland County Courthouse in Carlisle, Pennsylvania, By the Court: '\\'1 . w\ '- \ Distribution: ~el ], Whare, Esquire ~rge Kabusk, Esquire ~ Office of Chief Counsel 'VIN\fAlA8NN3d AlNno:J G~J'fl\;::18l^lna 6,:C Wd $- AVW900Z Al:NlONOHl.Ol:ld 3Hl:10 301:1.:10-0311:1 GEORGETTE MILOS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2006-2028 CIVIL v. : Appeal of Operator's License Suspension COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : MOTION TO WITHDRAW REQUEST FOR SUPERSEDEAS HEARING AND NOW, comes Georgette Milos, by and through her counsel, Michael J, Whare, Esquire and in support of her Motion to Withdraw Request for Supersedeas Hearing avers as follows: I, There is a Supersedeas hearing scheduled for May 26, 2006, at II :00 a,m, 2, Your petitioner has had an accident which makes her incapable of driving thus making a hearing urmecessary. 3, There is a license suspension hearing scheduled for July 13,2006, and all the issues involved in this matter can be resolved at that time, 4. Undersigned counsel's office has informed George Kabusk, Esquire that he is filing a Motion to Withdraw the Supersedeas Hearing and Attorney Kabusk concurs with the withdrawal. WHEREFORE, your Petitioner respectfully requests that this Honorable Court grant the Motion to Withdraw Request for Supersedeas Hearing and cancel the hearing now scheduled for May 26, 2006, Date: :Y /P~ 0,," Respectfully submitted, ROMINGER & WHARE Michael J, Whare, Es ire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff . GEORGETTE MILOS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2006-2028 CIVIL v. : Appeal of Operator's License Suspension COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the Motion to Withdraw Requestfor Supersedeas Hearing upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: <)-/1-p(" Respectfully submitted, ROMINGER, BAYLEY & WHARE tt!~sqi 4- jl 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff -0 :>> G\ ~~ ~^' ~\:? ~?,() ~:~,\ (:;!~ CJ. tf? -- o ~ .,p Q <;:" tJ ;:%<: ' ~-, . . '~~ /.:..\" :3;~ ~~ :'2 ~ = d" -;x:. ~ r" r-.> ... () i M:'Y I 1-: IL_ .~ 2 2. Z006 i --LJ GEORGETTE MILOS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2028 CIVIL v. : Appeal of Operator's License Suspension COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : ORDER OF COURT t~ AND NOW, this J.L day Of~, 2006, upon consideration of the within Motion, Plaintiff's request is granted and the Supersedeas Hearing now scheduled for May 26, 2006, is hereby canceled. By the Court: \\1. ~ \ Distribution: .MIChael J. Whare, Esquire rrge Kabusk, Esquire -l ,cP dJ<'V ~ lfiNV/\lASNi0::Jd "N,n~" ''''"' '~~"In" IU. ru ; {;"l,' "-"';'t3t, ...J 2 I :6 HV !:Z HIW 9fiOl Al:J'v'lONOHLOCid 3Hl .:10 3Jd:lO'{1311::l IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA GEORGETTE MILOS, Petitioner v. N0.2006-2028, CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER 't~ AND NOW, this 1~ day of _~~~, 2009, upon agreement of the Petitioner and Respondent, the appeal in the above-captioned matter is DISMISSED. The Department agrees to review any additional medical documentation submitted and, upon Petitioner's compliance with the applicable statutory and regulatory requirements, issue the Petitioner another driver's test authorization letter and, upon her satisfactory taking and passing the driver's test rescind the recall that is the subject of this appeal. BY THE COURT: ~n ~. Michael J. Whare, Esq., 37 East Pomfret Street, Carlisle, Pa 17013 George H. Kabusk, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 ~ ~'~~~79~ pq l) A-t3~-rK~ ~OQ4 AUG f ~ PM 3= 2b C~.lC~:~~~~} ~1~t~'1t F'~N}~SYI.V~f1A