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Home My WebLink About06-4348 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, CIVIL DIVISION Respondent! Appellee, NO.: Dl.. -4JLlJ CiuL 'T~{ vs. License Registration Suspension HOLLY 1. ROSINI, Petitionerl Appellant. PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE I. Appellant herein is Holly 1. Rosini residing at and having a mailing address of 50 State Road, Mechanicsburg, Pennsylvania 17050. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania having a mailing address of: Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104. 3. By letter dated July I, 2006, a copy of which is attached hereto as Exhibit "A", the Department of Transportation ordered Appellant to surrender her operating license for an indefinite period, but not less than six (6) months. 4. Appellant has already turned in her driver's license to the Department of Transportation. 5. The suspension was due to the Department of Transportation's belief that Appellant has a seizure disorder and must remain seizure free for a six (6) month period from the date of her known seizure, June 14,2006, before she is eligible for reinstatement of her driving privileges. L 6. The said suspension of AppelJant's driving privileges is improper, in that, in her physician's opinion, the seizure indicated by the Department of Transportation that she suffered on June 14,2006 was an isolated event and not a chronic condition which would warrant the indefinite suspension of her driving privileges. Further, in the opinion ofthe physician, AppelJant's seizure disorder does not impair her from safely operating a motor vehicle. WHEREFORE, AppelJant respectfully requests that this matter be set down for a hearing and that the Order of Suspension be set aside. RespectfulJy Submitted: DATE: 7 K & CONNELLY LLP BY: Sc tt A. letterick, Esquire P ALD. #55650 Attorneys for AppelJant P.O. Box 650 Hershey, P A 17033 (717) 533-3280 EXHIBIT "A" recalszr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: July 1, 2006 HOLLY ROSINI 50 STATE ROAD MECHANICSBURG P A 17050 Dear Ms. HOLLY ROSINI: We have received medical information indicating that you have a Seizure Disorder condition which prevents you from safely operating a motor vehicle. As of 07/22/2006, 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. 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 6/14/2006. 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 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 h ve the right to appeal to the Court of Common Pleas (Civil Division) within thirty (30~ days the mail date of this notice. If you file an appeal in the County Court, the Court will 9' , you time-stamped certified copy of the appeal. In order for your appeal to be valid, you must sen this time-stamped certified copy of the appeal by certified mail to: ,,' ~ Pcnnsylvanitt.J}ep.rlTnent of Trnn<opertatioii 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 of8:00 a.m. and 4:30 p.m. Sincerely, ~ lJ~~ Janet L. Dolan, Director Bureau of Driver Licensing Driver License #: 21892867 VERIFICATION I verifY that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A ~4904, relating to unsworn falsification to authorities. p -Go.. -p \ ~ \l lr\ - ~ if"{ ~ C)- o t2 -cJ p ~ r - ::t::> t -!..... ','e~ f'.) ,". -'- - , '! I""'" C ty ~,::r 1=! I' C ') I'r., 1)1) '!..~r,Q . -'-'-.. _ l,"~ '" .,~;"..U Y , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, CIVIL DIVISION Respondent! Appellee, NO.: 0l.-4Jtif Cio~L~~ Ys. License Registration Suspension HOLLY L. ROSINI, Petitioner! Appellant. PRELIMINARY ORDER FOR HEARING AND NOW, this 55 ti. day of ~ ., (j U s. t . 2006, upon consideration of the foregoing Petition of Holly L. Rosini, a hearing de novo is granted to detennine whether the action of the Department of Transportation should be set aside. Hearing is fixed for the Ol~ M day of ~. 2006 at Cf; 3 c) Ot, m . o'clock in Courtroom / . Cumberland County, Pennsylvania. Petitioner should notify the Department forthwith. By the Court: Ii{ , r;>:.,Ji ~\5 o IJINVAlASNN3d A.J.NnOO (1t~nH:;8Wno L I : II WV 6- ~nv 900l }'l:fv'lONOHlOCld 3HJ. :lO 30!:l:lo-G31l:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, CIVIL DIVISION Respondent! Appellee, NO.: 06-4348 Civil Term vs. License Registration Suspension HOLLY L. ROSINI, Petitioner/Appellant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Order for Hearing and Petition For Appeal from A Suspension of Operating Privilege was served on the following this 10th day of AUl!Ust, 2006, via certified mail, return receipt requested: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 17104 ELL Y LLP BY c t A. Di terick, Esquire P A I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 <2 ~ -<:),"p ,n,c, ~~:'1 ';2'(. U)~; ~c 4(':'::', .~~ q. :: \\, ~ .d~ ~ ~ .' ~ s:" ;;<; - ~ ~ ~ (i'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, CIVIL DIVISION Respondent/ Appellee, NO.: 06-4348 Civil Tenn vs. License Registration Suspension HOLLY L. ROSINI, Petitioner/Appellant. PRAECIPE TO WITHDRAW PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE Please mark the Petition for Appeal from a Suspension of Operating Privilege filed at the above-captioned term and number WITHDRAWN, without prejudice. Respectfully Submitted: BY: Scott tte, squire Attorneys for Plaintiff P A J.D. # 55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, CIVIL DIVISION Respondent! Appellee, NO.: 06-4348 Civil Tenn vs. License Registration Suspension HOLLY L. ROSINI, Petitioner! Appellant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Withdraw Petition for Appeal from a Suspension of Operating Privilege was served on the following this 2nd day of October, 2006, via First Class U.S. Mail, Postage Pre-Paid: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 17104 Office of the Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Respectfully BY: Scott A. Die eri squire Attorneys for PI 'ntiff P A J.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 --,-~". - \::'.:' o ~~ ~ e::::> <f' .. o C--; __.t. o -(\ .-\ -5-""'"" rn~ I",., _t.:;\~:.~) .:.. .\.- , <\(:'---/1 :;>.~ -;~~. ","-:',,:'\"\ ':::\ --7' ~::~ ~~~~ -2 , :::- --f) ---" r:? .<;:" 0' HOLLY L. ROSINI, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 06-4348 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2006, upon consideration of the Praecipe To Withdraw Petition for Appeal From a Suspension of Operating Privilege, filed on October 4, 2006, the hearing previously scheduled for November 22,2006, is cancelled. Scott A. Dietterick, Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Petitioner George Kabusk, Esq. Office of Chief Counsel P A Department of Transport Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc BY THE COURT, J. J. 16 -7, ~O~ C'~~R<J ~ yJs ? 0 : E: lid l.l '-qJ SOOZ