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Home My WebLink About06-6543DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS'; COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA • I V. NO. 0 6 c LONNY H. RICE, Appellant APPEAL FROM LICENSE SUSPENSION I PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Lonny H. Rice, by and through his attorney, Gregory Parton Abeln, Esquire, who files the following petition: 1. Lonny H. Rice is an adult individual currently residing at 888 Myerstown Road, Gardners, PA 17324. 2. On October 24, 2006, the Pennsylvania Department of Transportation sent to Appellant a II notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in his possession. 4. The suspension was the result of September 20, 2006 letter to Penn DOT Bureau of Driver Licensing by the Gettysburg Ophthalmology Associates, P.C. in Gettysburg, Pennsylvania, claiming that Mr. Rice has a significant visual field defect that should not allow him to possess a legal driver's license. 4 5. On October 31, 2006, Mr. Rice underwent Cataract surgery by Ophthalmologist Dew ?I Stoken, M.D. in Carlisle, Pennsylvania which corrected his visual field. i lip 6. The Appellant believes that he will prevail in this appeal because the evidence will shojw that his eye surgery was successful and he will meet the standards recommended by Penn DOT's medical advisory board. WHEREFORE, Appellant requests this priority of Appellant's license suspension and suspension pending the result of said hearing. Date (<--t 0 co I Honorable Court to set a time for a hearing ?n the immediately stay the imposition of his license II Respectfully submitted, ABELN LAW OFFICES --.QV 01 [S Gregory Barton Abeln, Esquire ID # 35,960 Attorney for Appellant 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 I I ?I VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.A.§4904, relating to Unworn Falsifications to Authorities. 0-- cx Lonny H. Ric Date reoallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: October 24, 2006 LONNY RICE 888 MYERSTOWN RD GARDNERS PA 17324 Dear Mr. LONNY RICE: We have received medical information indicating that you have a Vision Deficiency conditidn which prevents you from safely operating a motor vehicle. As of 11/14/2006, 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 Drivher License Center. f You have the right to appeal to the Court of Common Pleas (Civil Division) within thirty (3 ) 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: A 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 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. acid 4:30 p.m. Sincerely, , ra?- ?) t? V? Janet L. Dolan, Director Bureau of Driver Licensing Driver License #: 10904078 f? 7/7--70sl Y/1l5 DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS' COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. I LONNY H. RICE, Appellant APPEAL FROM LICENSE SUSPENSION CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified; return receipt requested: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor River Front Office Center Harrisburg, PA 17104 ,II Respectfully submitted, A ELN LAW OFFICES Date I $? (0 Shelly dnor Legal Assistant 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 w' 71 f • • t..?.. i DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 ( 5,43 0? Ti, LONNY H. RICE, Appellant APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this day of '2006, upon presentation and consideration of the within Petition For Appeal From License Suspension, a hearing is set for the ?g day of 2007, at o'clock P.m. in Courtroom No. 3 of the Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of this appeal hearing. J. cc: Gregory Barton Abeln, Esquire Pennsylvania Department of Transportation, Office of Chief C sel tl / 0E :01 b ru?i ,has L' g s u ? ? 0 'j`tr ;? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LONNY H. RICE, Petitioner V. NO. 2006-6543, CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 0 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, to rescind the recall which is the basis of the appeal. BY COU BY J. ? gory B. Abeln, 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 Co?pifS rr?L?Sc?, S??dj FP FO-01:` OF THE PR TH`,,!-:)TARY 2009 AUG 2n PM l2::. PE ?,NSYLVNVI!iA