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Home My WebLink About06-3532ARD SMITH, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: O (?. 3531 CIVIL TERM VANIA DEPARTMENT TRANSPORTATION, APPEAL FROM LICENSE RECALL Appellee PETITION FOR APPEAL FROM RECALL Appellant OF MOTOR VEHICLE DRIVING PRIVILEGE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Appellant, HOWARD SMITH, by his attorneys, Snelbaker & Brenneman, P.C., and respectfully represents as follows: The Appellant herein is Howard Smith, an adult individual, who resides at 233 East Main Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Appellee herein is Pennsylvania Department of Transportation whose address for the purposes of this proceeding is Pennsylvania department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104. Appellant is the licensee of Pennsylvania Driver's License No. 05 325 254 issued by Appellee on July 2, 2003 with expiration date of September 6, 2007. 4. By letter dated (mailed) May 23, 2006, Appellee recalled Appellant's driving privilege based upon alleged medical information indicating that Appellant has a "neuropsychiatric condition" which prevents him from safely operating a motor vehicle, a copy of said letter notice being attached hereto marked "Exhibit A". LAW OFFICES SNELBAKER & 5. Said letter notice further forbade Appellant from operating a motor vehicle as of BRENNEMAN, P.C. 11 June 13, 2006. 6. Appellant avers that he has no "neuropsychiatric condition" as alleged by the Appellee. Appellee has not provided Appellant with the "alleged medical information". WHEREFORE, pursuant to Section 1550 of the Motor Vehicle Code (75 Pa. C.S.A. § 1550) Appellant appeals the Appellee's action aforesaid and requests your honorable Court to (a) fix a hearing on this petition, and (b) direct the Appellee to provide Appellant with true copies of the alleged "medical information" prior to the hearing. SNELBAKER & BRENNEMAN, P.C. 4ZRichard LCSnelber, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Appellant LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, HOWARD SMITH, the Appellant, in the within Petition, hereby verify and certify that the facts set forth in the foregoing Petition for Appeal from Recall of Motor Vehicle Driving Privilege are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Howard Smith h Dated: June at, 2006 LAW OFFICES SNELBAKER a BRENNEMAN, P.C. recallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: May 23, 2006 HOWARD SMITH 233 E MAIN ST? MECHANICSBURG PA 17055 co Dear Mr. HOWARD SMITH: v We have received medical information indicating that you have a Neuropsychiatric condition which prevents you from safely operating a motor vehicle. As of 06/13/2006, 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. 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. 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 photo 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: Pennsylvania 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 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 of 8:00 a.m. and 4:30 p.m. Sincerely, '?? Z d 0'?J) Janet L. Dolan, Director Bureau of Driver Licensing Driver License #: 05325154 0 w A O opO O O w HOWARD SMITH 233 E MAIN ST MECHANICSBURG PA 17055 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing Petition for Appeal from Recall of Motor Vehicle Driving Privilege upon the Appellee therein by sending the same by certified, first-class mail, return receipt requested, postage paid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfrom Office Center Harrisburg, PA 17104 Richaz . Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Appellant Dated: June 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ~? ?.? (., rT .-i ¢ C? \ ? ? ? ?. ' ?i J +lsD ? ? s _?i ? ? a ? ? ?'. `fi- v? ARD SMITH, VS. Appellant VANIA DEPARTMENT TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06 - 3 5.x.2 CIVIL TERM APPEAL FROM LICENSE RECALL ORDER OF COURT AND NOW, this A job day of , 2006, upon consideration of the foregoing Petition and on the motion of the attorneys for Appellant, it is ORDERED AND DIRECTED that: A. A hearing shall be held on said Petition on the A $ 6 day of 2006, at 1 '?O o'clock P . M., prevailing time, in Court Room No. e2 of the Cumberland County Courthouse at Carlisle, Pennsylvania. B. The Appellee shall deliver true copies of the "medical information" on which it based its license recall to the attorneys for Appellant no less than fifteen (15) days prior to the hearing as scheduled above. C. A certified copy of this Order shall be served on the Appellee by regular first- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. class mail, postage paid, addressed as provided in paragraph 2 of said Petition. OV 31 QC CD a1 C.7 C?J !; o HOWARD SMITH, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-3532 CIVIL TERM ORDER OF COURT AND NOW, this 2 day of August, 2006, upon agreement of counsel the license suspension hearing scheduled for August 28, 2006, IS CANCELLED. A hearing may be rescheduled at the request of either party. Aichard Snelbaker, Esquire For Petitioner v, eorge Kabusk, Esquire For the Department of Transportation :sal J ok4??7- "CO OR .O OF Pt?J jARY 2006 AUG 23 P'j 1: p 7 t iY r' f. f 3 4 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA HOWARD SMITH, Petitioner V. NO. 2006-3532, CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, thisl)0\day of , 2009, upon agreement of the Petitioner and Respondent, the appeal in the above-captioned matter is DISMISSED. J. ?X(_Tc ha rd C. Snelbaker Esq., 44 West Main Street, Mechanicsburg, PA 17055 orge H. Kabusk, Esq., Pennsylvania Department of Transportation, Office of thief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 co I Es n?.t,t 5-CL? ? a?/oq 2009 A U G 2 ' s'i'll 2: 51 w A; C; `.%iLy t i !,,!!A