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Home My WebLink About07-0177 LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street CampHill,PA 17011 (717) 591-1755 Attorney for Petitioner MYRTLE DESCH, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- /11 (!,"u.{ '-r-~ CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORATION SUSPENDING OPERATING PREVELEGE Petitioner Myrtle Desch, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Con. Stat. Ann. 9 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner Myrtle Desch is an adult individual residing at 46 West Keller Street, Mechanicsburg, Pennsylvania, 17055. 2. Petitioner currently possesses a valid driver's license issued to her, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated December 12,2006, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his operating privilege for the following reasons as set forth in the notice: Impairment condition which prevents her from safely operating a motor vehicle. A copy ofthe notice is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: the medical information submitted by the physician is incorrect. WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. 9 1550 and that the order of the Department of Transportation be set aside. Respectfully submitted, ~C~~ Sott A. Stein Attorney for Petitioner Date: 1_ '1-() 7 EXHIBIT "A" recallns COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: December 12, 2006 MYRTLE DESCH 46 W KELLER ST MECHANICSBURG P A 17055 Dear Ms. MYRTLE DESCH: We have received medical information indicating that you have a Loss of Limb or Impairment -condition which prevents you from safely operating a motor vehicle. As of 0 1/02/2007, you may no longer drive. Your driving privilege is hereby recalled indefmitely as mandated by Section 1519( ~of the Vehicle Code. -. .- ....-- This decision has been made by comparing your medical condition with the standards ~- recommended by our Medical AdyisoI)' Board and adopted by this Department. This action will ... -- . . . . -.". ..,.... ~ --=-- "------- remain in effect until we receive medical iriformation that your condition has im..m:o~d and you are able to safely operate a motor vehi-cle. -- 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 ofthemail 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, PAl 71 04 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, P A 17106-8682 or call (717) 787-9662 between the hours of 8 :00 a.m. and 4:30 p.m. " )7 I .,,: ;' Sincerely, ~ Jj~~ Janet L. Dolan, Director Bureau of Driver Licensing Driver License #: 10276446 VERIFICA liON I, Myrtle Desch, verify that the statements made in the above referenced document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904 relating to unsworn falsification to authorities. Dated: I r). -.:). c1- C}() 0& '-"1 1>" C" -;..' , / k.f.~ c.. A--lJ2-de- L~ Myrtie Desch LAW OFFICES OF PETER J. RUSSO, P.c. SCOTT A. STEIN, ESQUIRE P A Supreme Court ill: 81738 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Petitioner MYRTLE DESCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 171 04 ~"~ ..- - " / Date: I -ID - 07 ~ rJ ~ ......... ~ ~ ~ "'a .~ 8 ~ + ~ ~ ~ () "'-.) c g ;c- -..I ~;fi ~ ~);~_: ~;":f.:-; ~~3 z co ~ ~ :r.!:!] ;~~~b o -:-( ?E -< '" w LAW OFFICES OF PETER J. RUSSO, P.c. SCOTT A. STEIN, ESQUIRE P A Supreme Court ill: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1"17 C?IC"J T~ CIVIL ACTION - LAW MYRTLE DESCH, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR SUPERSEDEAS Petitioner Matthew J. Pennington, by the undersigned counsel, respectfully petitions the Court pursuant to Pa. R.A.P. 1733(a) for the entry of an order of supersedeas and in support thereof represents as follows: 1. On December 12, 2006, Pennsylvania Department of Transportation sent a letter to petitioner advising him that effective January 2,2007 the Department was suspending her privileges to operate a motor vehicle in the Commonwealth. 2. On January 9,2007, Petitioner filed a timely notice of appeal from the Department's decision to suspend her operating privileges and desires that court enter a supersedeas order to the Department of Transportation suspending her privileges to drive until a hearing on her appeal can be had. (A true and correct copy of the Petition for Appeal is attached hereto.) WHEREFORE, petitioner respectfully requests that the Court enter an order that the Department's action suspending her operating privileges be stayed pending a determination of petitioners appeal. Respectfully submitted, ~~C~:6 ../, cott A. Stein Attorney for Petitioner Date: / - '1- 07 EXHIBIT "A" LAW OFFICES OF PETER J. RUSSO, P.c. SCOTT A. STEIN, ESQUIRE P A Supreme Court ill: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Petitioner MYRTLE DESCH, Petitioner : . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2007 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORATION SUSPENDING OPERATING PREVELEGE Petitioner Myrtle Desch, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Con. Stat. Ann. 9 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner Myrtle Desch is an adult individual residing at 46 West Keller Street, Mechanicsburg, Pennsylvania, 17055. 2. Petitioner currently possesses a valid driver's license issued to her, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated December 12, 2006, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his operating privilege for the following reasons as set forth in the notice: Impairment condition which prevents her from safely operating a motor vehicle. A copy ofthe notice is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: the medical information submitted by the physician is incorrect. WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. 9 1550 and that the order of the Department of Transportation be set aside. Respectfully submitted, s~C /-ff Attorney for Petitioner Date: /_ '1-07 EXHIBIT "A" recallns COMMONWEAL TH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: December 12, 2006 MYRTLE DESCH 46 W KELLER ST MECHANICSBURG P A 17055 Dear Ms. MYRTLE DESCH: We have received medical information indicating that you ~ave a Loss of Limb or Impairment "condition which prevents you from safely operating a motor vehicle. As ofOl/02/2007, you may no longer drive. Your driving privilege is hereby recalled indefinitely as mandated by Section 1519( cLof the Vehicle Code. -...-- This decision has been made by comparing yo_~ condition with the st~ards recommen~d by our Me4ical Advisory Board and adopted by this Department. This action will remain in effect until we receive medical information that your condit[on]ia~ imID'Q..~d 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, leamer'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 he 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, P A 17106-8682 or call (717) 787-9662 between the hours of 8:00 a.m. and 4:30 p.m. , , )" I ,~ ; Sincerely, ~ };)~~ Janet L. Dolan, Director Bureau of Driver Licensing Driver License #: 10276446 VERIFICATION I, Myrtle Desch, verify that the statements made in the above referenced document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. s. 9 4904 relating to unsworn falsification to authorities. Dated: I').. -;) cl - '~-:; c: 0& '4 ''2..f:L,- C~? J,,-/~ed [0: <- Myrtle Desch MYRTLE DESCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 171 04 Date: (-ld-d7 o ~;: <. ;:p H~~ Z_~~rl z:~ ~.)~ 0_\'; r:: "'\';,,, J::C) --,.. " :,...::,. :,:" '-- '7 ~ "-> <::::I <::::) -..J L. :0.- 2: ~ m:i!- .::n ,- ""Of!:} .:0 I 90 'J.::;1. 'j ."1 (..501 ....,~m o );! ::0 -< o ::tJoo :z CO .. 1"-.) CO #~ .. l -112007 ~ MYRTLE DESCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2007 - I 'l'l (!jo;L 'T~ CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent ORDER FOR HEARING AND NOW, 1~'7~on consideration of the petition of Myrtle Desch, for ~I review of an order of the Department of Transportation suspending petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. A.~) . Hearing on the above-captioned matter is set for ~~, J ' at t w,) fm. m Courtroom ? ' located at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, County of Cumberland, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address shown in the department's notice of entry of order, by certified mail, return receipt requested. J. VINvJn,\Si\,lN3d I!' I()(......J.-' (,"~ .,',.n.1 .'--,''"', IMnl"\ 1\1..\\ 1..',1 : .,. .'"\''jn V 2 8 :9 1.iV L I Nvr LOOl AtNl0NOH10cel 3Hl :10 301::!.:iQ-{J311:l ~, II LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ill: 81738 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Petitioner MYRTLE DESCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007 - 177 COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW PETITION FOR CONTINUANCE OF HEARING Petitioner Myrtle Desch, by and through her undersigned counsel, respectfully petitions the Court to continue the hearing on her appeal of the action of the Pennsylvania Department of Transportation and in support thereof represents as follows: 1. On January 10,2007, Petitioner filed a petition in the instant action seeking a review of the Order of the Department of Transportation recalling her license. 2. On January 17, 2007, an Order of Court was entered scheduling a hearing on the matter for March 26, 2007 at 1 :00 P.M. before the Honorable Judge Guido. 3. Petitioner is currently in the process of completing medical evaluations to provide to the Department of Transportation related to her ability to operate a motor vehicle and said evaluations are relevant to her case in this matter. 4. Petitioner wishes to continue the hearing on this matter in order to complete the necessary paperwork and provide it to the Department of Transportation for evaluation. t " 5. Counsel for petitioner has spoken with Counsel for the Pennsylvania Department of Transportation regarding the need for a continuance and requested his concurrence in the request for a continuance. 6. Counsel for the Department of Transportation has indicated that he concurs with the request of petitioner. 7. There is not a supersedeas in this matter and there would not be any prejudice to the Department of Transportation in the granting of an indefinite continuance in this matter. 8. Petitioner requests the court to continue the hearing indefinitely with either party having the right to petition the court for a new hearing date on the matter. WHEREFORE, petitioner respectfully requests that the Court enter an order continuing the hearing indefinitely and granting either party the right to request a hearing date upon petition to the court. Respectfully submitted, -~:If~~ Scott A. Stein Attorney for Petitioner Date: 3/ ;l c,! n () c ~~; l'"'--.) <= <:::,) -...I :x ::Ca* ;;;.:0 N -.J o 11 :::j r{,:n r- :-pro (~~ :Sm ~--l ;; -< -0 --;',... t:? <::) N . ,. -.. MAR 18 2007 rY I MYRTLE DESCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007 - 177 COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW ORDER FOR HEARING AND NOW, 3110 If) 7, upon consideration of the within Petition for Continuance, the hearing on the above-captioned matter set for A4.~ ")I:J J ,0' 7 , at t:.<<JAm. , is hereby continued indefinitely. Either party, upon petition to the court may request a date certain for the hearing. J. Distribution List: ~ / Scott A. Stein, Esquire,j'800 Market Street, Camp Hill, P A 17011 ~nnsYlvania Department of Transportation, Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, P A 17104 -""" -- \/ i [\.1 \i/\-l}~ S ;"',J ~\Jj d 'w' ~Jrv':.", .', "'", "'f-;',I 'n'" I 1\, lr l .' ',,":-',"~f \11 IV 6S :S Hd 2- ~dV LQnZ AbV10NOH.LOUd 3Hl .:10 3J~jO~31I:l