The URL can be used to link to this page

Home My WebLink About06-6006w IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION : NO. U' Co '- Co GOCP ???? c?_. PETITION TO APPEAL DRIVING PRIVILEGE REVOCATION AND NOW comes Petitioner, Dorothy Miller, by and through her Attorney, Marielle F. Hazen, Esquire, and submits this Petition to Appeal Driving Privilege Revocation and in support thereof avers as follows: 1. On September 18, 2006, Petitioner received notice from the Pennsylvania Department of Transportation that pursuant to Section 1519(c) of the Vehicle Code, her driving privilege was recalled as of October 7, 2006. 2. This revocation was based upon the Pennsylvania Department of Transportation's receipt of information indicating that Petitioner has a general medical condition which prevents her from safely operating a motor vehicle. 3. Petitioner believes and avers that she is medically able to safely operate a motor vehicle and that her driving privilege should be restored. WHEREFORE, Petitioner requests a hearing be set to determine whether she is medically able to safely operate a motor vehicle. Respectfully Submitted, IG -w - o ? Date lAakt?--? Marile F. azen, Esq. PA I.D. No. 68003 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities. Zo6 Date Dorothy Mil r IN RE: DOROTHY MILLER PA Driver's License No. 13168025 VS. PA DEPT. OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. CERTIFICATE OF SERVICE I, Marielle F. Hazen, Esquire, certify that on OC Fe e,,- / ' , 2006, I served a true and correct copy of the within Petition To Appeal Driving Privilege Revocation and proposed Orders of Court, on the party named below, via CERTIFIED MAIL, RETURN RECEIPT REQUESTED, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully Submitted, I? Date [,, 14n, Marile F. Haze , Esq. PA I.D. No. 68003 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 Cn --n _ K , ? cli IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION : NO. (CY)Co C ORDER OF COURT ?/? day of 006 , 2006, upon review of the AND NOW, this ,30 Petition to Appeal Driving Privilege Revocation filed in the above-captioned matter, a on hearing is scheduled for the I day of , 2007, in Courtroom No. 3 of the Cumberland County Courthouse. J. S 0 .g HV Z 1,10 HE ? t 3Hi JO ?y IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION : NO. 06-6006 Civil ORDER OF COURT AND NOW, this 07 day of , 2007, it is Ordered and Directed that the hearing scheduled in the above matter for January 10, 2007, is rescheduled to the day of Aw;t , 2007, at f -W A.m., in Courtroom #_, of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J. VlWqA NN'3Q Ntl r' ' 'Ti L mo C G _ NV o I Nvr Looz KdViQNQH Cdd M IN RE: IN THE COURT OF COMMON PLEAS OF DOROTHY MILLER CUMBERLAND COUNTY, PENNSYLVANIA V. PA DEPT. OF TRANSPORTATION NO. 6006 CIVIL 2006 ORDER OF COURT AND NOW, this 30th day of JANUARY, 2007, the hearing scheduled for Wednesday, April 4, 2007, at 9:00 a.m. is RESCHEDULED to FRIDAY, MAY 4, 2007, at 9:00 a.m. in Courtroom # 3. Edward E. Guido, J. Marielle F. Hazen, Esquire George Kabusk, Esquire Pa. Dept. of Transportation Riverfront Office Center Harrisburg, Pa. 17104 sld C ? : I I I `! I -- fliIj LO 'z 6 IN RE: DOROTHY MILLER PA Driver's License No. 13 168025 Vs. PA DEPT. OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 06-6006 Civil MOTION FOR CONTINUANCE AND NOW, comes Marielle F. Hazen, Esquire, on behalf of the Plaintiff, Dorothy Miller, and submits this Motion for Continuance and in support thereof avers as follows: 1. On or about January 2007, Plaintiff received notice from the Pennsylvania Department of Transportation that she would be given three (3) opportunities to take and pass a driving examination. 2. On January 5, 2007, Petitioner requested this Honorable Court to continue the license revocation appeal hearing originally scheduled for January 10, 2007 in order to allow time for the Plaintiff to take and successfully pass the driving examination. 3. To date, Plaintiff has. taken the driving exam only one (1) time due to inclement weather and her inability to obtain transportation to and from the Driver License Center. 4. Petitioner requests the hearing in this matter to be rescheduled to July 2007, which will provide adequate time for Plaintiff to retake the driving exam prior to a hearing in this matter. WHEREFORE, Petitioner requests this Honorable Court to reschedule the hearing in the above matter to July 2007. ! Respectfully sub 'tted, `1 a 3 p -- By. Date Mar' lle F. H ben, sq. Attorney for Plaintiff PA I.D. #68003 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 4 IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION :NO. 06-6006 Civil CERTIFICATE OF SERVICE I, Marielle F. Hazen, Esquire, certify that on ? 3 , 2007, I served a true and correct copy of the within Motion for Continuance and proposed Order of Court, on the party named below, via FIRST-CLASS MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third. Floor, Riverfront Office Center Harrisburg, PA 17104 ATTN: George Kabusk, Esquire Respectfully Submitted, 3 N: :? Date 4Miefle 4F.'?1'azen,:Es`q7' PA I.D. #68003 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION : NO. 06-6006 Civil AMENDMENT TO MOTION FOR CONTINUANCE AND NOW, comes Marielle F. Hazen, Esquire, on behalf of the Plaintiff, Dorothy Miller, and submits this Amendment to Motion for Continuance and in support thereof avers as follows: 1. On January 9, 2007, the Honorable Edward Guido granted a continuance of the hearing in this matter originally scheduled for January 10, 2007. 2. A hearing in this matter is currently scheduled before the Honorable Edward Guido on May 4, 2007 at 9:00 a.m. in Courtroom number 3 of the Cumberland County Courthouse. 3. Petitioner sought and obtained the concurrence of the counsel of record for the Pennsylvania Department of Transportation, George Kabusk, Esquire. WHEREFORE, Petitioner requests this Honorable Court to reschedule the hearing in the above matter to July 2007. Date Respectfully submitted, BY 0A 99 4191AL I' \1 4) _. _ Ma e e . Hazen, sq. Attorney for Plaintiff PA I.D. #68003 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 r-? C:.> ?r? ? ?? i,_. _..J --? ,.? -? ..-r^i ';?? y" 4t1t'"' _,.ll? t C`? ??'; '?, . ?? ?-'; }, ;-? ?, _--t - :.G, ??' .? 3 APR 812007 110t IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION : NO. 06-6006 Civil ORDER OF COURT AND NOW, this 301 day of ??/ , 2007, it is Ordered and Directed that the hearing scheduled in the above matter for May 4, 2007, is rescheduled to the 1 0 ? day of 2007, at em., in Courtroom # 3 , of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J. I% J?A IN RE: IN THE COURT OF COMMON PLEAS OF DOROTHY MILLER CUMBERLAND COUNTY, PENNSYLVANIA V. PA DEPT. OF TRANSPORTATION NO. 6006 CIVIL 2006 ORDER OF COURT AND NOW, this 5TH day of JULY, 2007, the hearing scheduled for Thursday, July 12, 2007, at 2:30 p.m. is RESCHEDULED to FRIDAY, AUGUST 3, 2007, at 11:30 a.m. in Courtroom # 3. By the Court, Edward E. Guido, J. Marielle F. Hazen, Esquire Marci S. Miller, Esquire George Kabusk, Esquire Pa. Dept. of Transportation Riverfront Office Center Harrisburg, Pa. 17104 -7 sld ,IiJ 8 i .6 I. J Z ! ii 3l, LOCI A 4 : Hi -10 IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION :NO. 06-6006 Civil MOTION TO WITHDRAW PETITION TO APPEAL DRIVING PRIVILEGE REVOCATION AND NOW COMES Petitioner, Dorothy Miller, by and through her attorney, Marielle F. Hazen, Esquire, and files this Motion to Withdraw Petition to Appeal Driving Privilege Revocation in the above-captioned matter, and in support hereof, avers as follows: 1. A Petition to Appeal Driving Privilege Revocation was filed with this Honorable Court on October 13, 2006. 2. On January 9, 2007, the Honorable Edward Guido granted a continuance of the hearing in this matter originally scheduled for January 10, 2007. The hearing was rescheduled to May 4, 2007. 3. On May 3, 2007, the Honorable Edward Guido granted a continuance of the hearing in this matter from May 4, 2007 to July 12, 2007. 4. On July 10, 2007, Sandy Davis, Secretary to the Honorable Edward Guido, notified Attorney for Petitioner that the hearing in this matter would be rescheduled from July 12, 2007 to August 3, 2007. 5. On July 9, 2007, Petitioner notified counsel that she no longer wishes to pursue this matter against the Defendant and will instead make use of the two (2) remaining opportunities afforded her by the Defendant to take and pass a driving examination. 6. Attorney for Petitioner sought and obtained the concurrence of the counsel of ? 1 • record for the Pennsylvania Department of Transportation, George Kabusk, Esq. WHEREFORE, Petitioner respectfully requests that the Court withdraw without prejudice the Petition to Appeal Driving Privilege Revocation and cancel the hearing in this matter currently scheduled for August 3, 2007 at 11:30 a.m. in Courtroom #3 of the Cumberland County Courthouse. r ?3 D7 Date Respectfully submitted, 'AaAn??!? By; ari le F. en, q. Attorney for Petitioner PA I.D. #68003 2000 Linglestown Road, Suite 202 Harrisburg, PA 17109 (717) 540-4332 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. §4904, relating to unsworn falsification to authorities. -xd?? YL&? Dorothy Mil er Apr ' Z r IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION :NO. 06-6006 Civil CERTIFICATE OF SERVICE I, Marielle F. Hazen, Esquire, certify that on 3 , 2007, I served a true and correct copy of the within Motion to Withdraw Petition to Appeal Driving Privilege Revocation and proposed Order of Court, on the party named below, via FIRST- CLASS MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, addressed as follows: George Kabusk, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 z 3 ?_ Date Respectfully Submitted, ?bWM. &Mn I 10rr1 Marielle F. Hazen, Esq. PA I.D. #68003 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 (717) 540-4332 HAzEN DDER LAw An Estate Planning and Elder Lam Firm 2000 Linglestown Road, Suite 202 www.HazenElderLaw.com Harrisburg, PA 17110 Marielle F. Hazen, CELA* Tvu (717) 540-4332 Marci S. Miller, Associate FAx: (717) 54011313 July 23, 2007 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dorothy Miller; Driver's License No. 13168025 File No. 06-6006 Civil Dear Sir or Madam: Enclosed please find an original and two (2) copies of a Motion to Withdraw and proposed Order in the above-referenced license revocation appeal matter. Please time-stamp one (1) copy of the Motion and return it to our office in the enclosed self-addressed, stamped envelope. Please feel free to contact our office if you have any questions. Thank you for your attention and cooperation in this matter. Sincerely, Marci S. Miller Encl. cc: Dorothy S. Miller George Kabusk, Esquire, Office of Chief Counsel, PennDot "Certified Elder Law Attorney by the National Elder Law Foundation as authorized by the Pennsylvania Supreme Court JUL 2 6 2007,04 IN RE: DOROTHY MILLER : IN THE COURT OF COMMON PLEAS PA Driver's License No. 13168025 : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL DIVISION PA DEPT. OF TRANSPORTATION : NO. 06-6006 Civil ORDER OF COURT 4 u? a, Y AND NOW, this day of , 2007, upon motion of Manelle F. Hazen, Esquire, Counsel for Petitioner, it is ORDERED and DECREED that the Petition to Appeal Driving Privilege Revocation be withdrawn without prejudice. It is further ORDERED and DECREED that the hearing in this matter currently scheduled for August 3, 2007, at 11:30 a.m. in Courtroom #3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, is cancelled. J. Copies To: elle F. Hazen, Esq., 2000 Linglestown Rd., Suite 202, Harrisburg, PA 17110 Yjforge Kabusk, Esq., Pa Dept. of Transportation, Office of Chief Counsel, Third Fl., Riverfront Office Center, Harrisburg, PA 17104 A (? VINVAIASNN3d AI ?' Oter' 1171411 11139N O 01 •Z Wd L Z inn Loot MVIONOHiOW .30 301140