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Home My WebLink About05-6149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James A. Seibert, Appellant : Appeal From Suspension : of Operator's License v. Commonwealth of Pennsylvania Department of Transportation, Appellee : No. Civil PETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE COMES NOW, Appellant, James A. Seibert, by and through his attorney, Sally 1. Winder, and represents the following: 1. Appellant here is James A. Seibert, residing at and having a mailing address of 625 Brad Street, Shippensburg, Cumberland County, P A 17257 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: Department of Transportation, Bureau of Driver Licensing, Harrisburg, P A 17123. 3. By letter or notice dated November 3, 2005, a copy of which is attached hereto as Exhibit "A", the Department of Transportation ordered Appellant to surrender his operator's license for an inde[mite period of time as mandated by Section 1519( c) of the Vehicle Code. 3. Supersedeas: Pursuant to 75 Pa.C.S.A. section I 550(b)(I)(iii), a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supersedeas can be issued. 4. The proposed suspension of Appellant's operating privilege is improper or unlawful, for the following reasons: (l) Appellant's sleep disorder condition is already adequately treated by positional therapy, as shown by the general medical form submitted by Dr. Steinhour, which states that "Pt requires 2 or more pillows to sleep." A copy of this form is attached hereto and Marked Exhibit "B". (2) Appellant's sleep disorder condition has never interfered with his mental or physical ability to operate a motor vehicle, i.e., he has never fallen asleep while operating a motor vehicle, and he does not suffer from sleeplessness to a degree which would make likely his falling asleep while operating a motor vehicle. 6. Appellant respectfully requests that this matter be set down (a) for a hearing attended by the Appellant and his Counsel forthwith for the purpose of granting a supersedeas of the suspension order; and (b) for a hearing on the merits to review whether Appellant is competent to drive in accordance with Medical Advisory Board regulations promulgated under Section 1517 of the Vehicle Code. Respectfully submitted, SJ& / \W;J>--- [~~t::r Attorney for Appellant, James A. Seibert 9974 Molly Pitcher Highway Shippensburg, P A 17257 (717) 532-9476 fax (717) 532-3713 2 VERIFICATION I verify that the statements made in this Petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated ! I/y) I O~~~ I I J011">&P {jY;J-e-~t . James A. Seibert, Appellant recallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: November 3, 2005 JAMES SEIBERT 625 BRAD ST SHIPPENSBURG P A 17257 Dear Mr. JAMES SEIBERT: We have received medical information indicating that you have a Sleep Disorder condition which prevents you from safely operating a motor vehicle. As of 12/08/2005, 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 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, P A 17104 - J "L I fji l 1- 1/:.1/ .. ..0 0\ 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~w Janet L. Dolan, Acting Director Bureau of Driver Licensing Driver License #: 05993227 DL-123 (03-03) . GENERAL MEDICAL FORM PA Department of Transportation Bureau of Driver Ucensing P.O. Box 68682 HalTisburg, PA 17106-8682 (717) 787-9662 PATIENT INFORMATION DRWER~L~ENSENUMBER 05993227 HEIGHT SEX EYE COLOR lAST NAME(S) SEIBERT SOCIAL SECURITY NUMBER JR. ETC. FIRST NAME JAMES DATE OF 81RTH PHONE NUMBER STREET ADDRESS 625 BRAD ST CITY SHIPPENSBURG STATE ZIP COOE PA 17257 1. 2. . . (h ~ nt have ar1Y ~~M6td~ase that ~uldj[1terfere with his me physical ability to operate a motor vehicle? ............................. CHECK (v) ONE YES NO - - 3. What signs and symptoms does the patient have? Discuss nature, extent, frequency and control of pertinent symptoms . ~j_ f2t-~(T-.nI{N.~yO~ Ji~~~ 4. With what kind(s) and what quantity of drugs are you treating the patient? Does the a % "~ 5. From a medical standpoint only, do you consider this perso~ica~d/or me;;,~oo;:~~;;;})'c;;Ji/~k;.F'~'" a PROVIDER I~N (Plr:ase print or type) u;y"" f:::" ZI CODE EPHONE (111) 532:'4-14-1 c"\;l,;~J- 11 /I ~ l-) r:-",' ( ......."' ~.:; ;-:j"l () -" ..-' c, c:, -~'1 -;',.'i r:? cr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOV 3 0 200~ James A. Seibert, Appellant : Appeal From Suspension : of Operator's License v. Commonwealth of Pennsylvania Department of Transportation, Appellee : No. ~5 -~/# Civil ORDER OF COURT AND NOW, this a~ day ofl1fJAtffnh t'/l../ ,2005, based upon the foregoing Petition and on motion of Sally J. Winder, attorney for Appellant herein: (A)'~ by Appellant and his Counsel for the purpose of considering whether to grant a supersedeas of the suspension order is to be held on the 1# dayof &",em"Ltt7~ ,2005, at //:gO o'clock, ,4.M.in Courtroom 4- of the Cumberland County Courthouse; and (B) a hearing on the merits ofthe Petition to review whether Appellant is competent to drive in accordance with Medical Advisory Board regulations promulgated under Section 1517 of the Vehicle Code is to be held on the J..d- day of /I1A A jl A. ' 200~, at .3; d'V o'clock, L.M. in Courtroom f of the Cumberland County Courthouse. BY THE COURT: /') . ~t~~ S-e-t v~ ~ ,!-~ ~ It -1(/ 7JJ ~ '~h:J- ~ / i~ 4 {/7J-r'-"Sf It ~~" 7JS- Ad. J. :1 , >'",:r""\ . ,0 L2 ::: 1\3 O~: /\[;:;) seaz :10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA James A. Seibert, Appellant : Appeal From Suspension : of Operator's License v. Commonwealth of Pennsylvania Department of Transportation, Appellee : No. 05'- &(I./q Civil ORDER OF COURT AND NOW, this _ day of , 2005, based upon the foregoing Petition and after a hearing attended by Appellant/Petitioner James A. Seibert and his counsel, Sally J. Winder, it is hereby ORDERED AND DECREED that the filing and service of the within Petition for Appeal From Suspension of Operating Privilege shall operate as a supersedeas until final determination of the matter by the court vested with the jurisdiction of such appeals. BY THE COURT: 1. JAMES A. SEIBERT, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-6149 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, Appellee IN RE: PETITION FOR SUPERSEDEAS ORDER AND NOW, this 8' day of December, 2005, the request of the appellant for grant of a supersedeas is DENIED. BY THE COURT, Sally J. Winder, Esquire For the Appellant 4/1 George Kabusk, Esquire For PennDOT '~~UL /.).08-tJt' Q-. :r\m (. ~~, \ ' . ) \ ::,- : I"