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Home My WebLink About02-2116COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VS. GEORGE ROSS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. o~t.~tllk CIVIL : : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES APPEAL FROM ORDER RECAI J,1NG/SUSPENDING OPERATING PRIVILEGES TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 29th day of April comes Petitioner, George Ross, by his attorney Joseph D. Buckley, Esquire and appeals the Notice of the Recalling of his operating privilege based on the following: 1. George Ross is a adult individual who resides at 47 Hemlock Circle, Newville, Cumberland County, PA 17241. 2. On April 1, 2002 the Commonwealth of Pennsylvania, Department of Transportation, mailed Mr. Ross a Notice stating that his driving privileges were being recalled as of May 6, 2002. (A tree and correct copy is attached hereto and marked Exhibit "A") 3. The said Notice states that the reason for the recall is the receipt of medical information indicating that Mr. Ross has cardiovascular disease and diabetes which prevent him from safely operating a vehicle. The Notice also states that as of May 6, 2002, Mr. Ross may no longer operate a vehicle. 4. Mr. Ross was never tested nor was the matter of recalling his operator's license discussed with him. 5. Mr. Ross is not incompetent and should be permitted to continue operating his vehicle. 6. Mr. Ross's medical condition does not impair his ability to operate a motor vehicle. WHEREFORE, George Ross prays that this Court review the matter and reinstate his driving privileges. Respectfully submitted 1237 Holly Pike Carlisle, PA 17013-4435 (717) 249-2448 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: April 1, 2002 recallns GEORGE ROSS 47 HEMLOCK CIRCLE NEWVII.LE PA 17241 Dear Mr. GEORGE ROSS: We have received medical information indicating that you have Cardiovascular Disease and Diabetes conditions which prevents you from safely operating a motor vehicle. As of 05/06/20021 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. 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 copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 EXEIBIT ~A' VERIFICATION George Ross hereby verifies that the facts setforth in the foregoing document are tree and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications. GE GE CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, hereby certify that a tree and correct copy of the foregoing Appeal from Order Recalling/Suspending Operating Privileges was duly served on the following office via prepaid United States First Class Mail as required by law. PENNSYLVANIA DEPARTMENT OF ~ OFFICE OF THE CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104 April 30, 2002 ~s/'~t~ D. l~lucki~, Esquire ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VS. GEORGE ROSS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.O~- ~I¢(,CIVIL : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES AND NOW, thi3 ..day of ,2002, upon Petition of George Ross and on Motion of his attorney, Joseph D. Buckley, a heating is granted to determine whether George Ross is competent to operate a motor vehicle and whether his privileges to operate a motor vehicle should be recalled pursuant to Section l S19(c) of the Vehicle C°de' ~~ ~ ~ By the Court, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VS. GEORGE ROSS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. g~a-~a~ CIVIL : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES PRAECIPE TO DISCONTINUE APPEAL TO THE PROTHONOTARY Please discontinue the above captioned matter as it has been rendered moot by the action of the Department of Transportation restonng George Ross driving privileges. s~hD. BuqkJey, lZSup~eme CourYI.D.~ 3~444 1237 Holly Pike Carlisle, PA 17013-4435 (717) 249-2448 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue Appeal was duly served on the following person via US First Class mail, postage prepaid: George H. Kabusk, Esquire Assistant Counsel Office of Chief Counsel Department of Transportation Riverfront Office Center - Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 July 23, ~_~~~ Date: 2002 squire ViN%¥Rc3NN]d KEVIN P. CASSIDY, APPELLANT IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE · 02-2216 CIVIL TERM IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925. Bayley, J., August 19, 2002:-- Appellant, Kevin Cassidy, filed an appeal from a notice of suspension of his operating privilege for one year for having been convicted on February 12, 2002, of driving under the influence in violation of the Vehicle Code at 75 Pa.C.S. Section 3731. In his appeal, appellant sought only to vacate that part of the order of the Department of Transportation that provided: Before your driving privilege can be restored, you are required by law to have all vehicles owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for driving under the influence. If you fail to comply with this requirement, your driving privilege will remain suspended for an additional year .... At the hearing conducted on the appeal, the Commonwealth acknowledged that Schneider v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driving Licensing, _ A.2d ., 2001 WL 1692244, 1513 C.D. 2001, required that appellant be granted relief· Furthermore, this court has held in 02-2216 CIVIL TERM Commonwealth v. Mockaitis, 50 Cumberland L.J. 184 (2001), that the provisions in Act 63 of 2000 upon which the Department of Transportation premised its order on the use of an ignition interlock, are unconstitutional? Accordingly, our order of July 22, 2002, that vacated the ignition interlock provision in the Department's notice of suspension of operating privilege for one year, was correctly entered. .~eerrance M. Edwards, Esquire For the Department of Transportation /R~n Turo, Esquire For Appellant :saa ~ Mockaitis is on direct appeal to the Supreme Court of Pennsylvania. It has been briefed and orally argued. A decision is pending. -2-