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Home My WebLink About06-7071 AMANDA D. SEIBERT v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Dl.. - ^to'll (!I"if./~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL AND NOW, this I l+hday of December, 2006, comes Petitioner Amanda D. Seibert, through her attorneys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. Petitioner Amanda D. Seibert is an adult individual residing at 1904 Chatham Drive, Camp Hill, Pennsylvania and is a licensed Pennsylvania motor vehicle operator. 2. The occurrences allegedly giving rise to the suspension hereinafter occurred on or about October 21, 2006 in Lower Allen Township, Cumberland County, Pennsylvania. 3. Petitioner has received notice of an 18-month suspension as authorized by Section "1547Blii" and a copy of said license suspension notice is attached hereto and made a part hereof as Exhibit A. 4. The license suspension is illegal, unjust and improper for reasons which include, but are not limited to, the following: a. there was no valid or proper request to take chemical testing; b. there was no valid, intelligent or knowing refusal to take a chemical test; c. there was no reasonable grounds to request chemical testing; d. ~1547, ~3802 and ~3802(a)(1), facially and as applied to the Petitioner, are in violation of the State and Federal Constitutions; e. any alleged refusal would violate equal protection of the laws in violation of the State and Federal Constitutions; f. Petitioner was not properly advised, was misadvised and/or not timely advised of her rights, penalties and/or obligations to submit to chemical testing; g. the warnings and procedures failed to comply with Act 177 of 2004, 75 Pa. C.S.A. ~1547(b)(ii) and the warnings were confusing, misleading and inadequate; h. Petitioner was misadvised about her right to a lawyer and further denied the right to a lawyer as required by 6th Amendment of the U.S. Constitution and Article I, ~9 of the Pa. Constitution; i. the notice of suspension is fatally defective; j. the Petitioner's right to counsel, pursuant to 6th Amendment of the U.S. Constitution and Article I, ~9 of the Pa. Constitution, were violated at the time of the request for testing; k. section 1547(1 )(ii) violates the constitutional and due process protections against ex post facto laws in violation of the U.S. Constitution, Article I, ~10 and the Pa. Constitution, Article I, ~17 as applied to the Petitioner and generally and improperly provides for an impennissible retroactive application. I. under the circumstances at the hospital, Petitioner had a right to counsel under the State and Federal Constitutions before deciding to take a chemical test; m. ~1547, ~3802 and/or ~3802(a)(1) of the Pennsylvania Motor Vehicle Code constitutes: (i) Violation of substantive due process under the Pa. (Article I, ~9) and U.S. Constitutions (5th and 14th Amendments) as being vague and overbroad facially and as applied to the Petitioner and as impennissibly delegating a legislative function to the judiciary in violation of the Pa. and U.S. Constitutions. (ii) Act 24 of 2003, Chapter 38, ~3802 and/or ~1547 and their related provisions violate procedural due process under Article I, ~9 of the Pa. Constitution and the 5th and 14th Amendments of the U.S. Constitution facially and as applied to the Petitioner. (iii) Chapter 38 of Act 24 of 2003, ~3802 and/or ~1547 and their related provisions violate equal protection guaranteed by the State and Federal Constitutions, facially and as applied to the Petitioner, in that they treat similarly situated persons differently and such different treatment is not rationally related to the protection of the public from intoxicated drivers. (iv) The Petitioner was advised that there was no right to an attorney at the time of a request for the chemical test or refused such right then such action violates the Defendant's 6th Amendment (U.S, Constitution) and Article I, ~9 (Pa. Constitution) right to counsel, facially and as applied to the motorist. (v) It is believed that the Petitioner was advised if she remained silent during the request process, her silence would be a refusal which statements were in violation of her right to remain silent as guaranteed by the 5th Amendment of the U.S. Constitution and Article I, ~9 of the Pa. Constitution. (vi) Act 24 of 2003 violates the constitutional and due process protections against ex post facto laws in violation of the U.S. Constitution, Article I, ~10 and Pa. Constitution, Article I, ~17, generally and as applied to the Petitioner. WHEREFORE, Your Petitioner prays Your Honorable Court to hold a hearing to detennine the validity of the license suspension outlined in Exhibit A. John B. ancke, Esq., ID No. 07212 Mancke, Wagner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: IJ-II-Oh VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. / ~-/ 1-0& Date . e COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 14, 2006 AMANDA DARLEEN SEIBERT 1904 CHATHAM DRIVE CAMP HILL PA 17011 WID. 063116123199170 001 PROCESSING DATE 11/07/2006 DRIVER LICENSE t 23608925 DATE Of BIRTH 01/21/1975 Dear MS. SEIBERT: This is an O~~icial Notice o~ the Suspension of your Driving Privilege as authorized by Section 1547Bl11 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 01/21/2006: · Your driving privilege is SUSPENDED ~or a period o~ 16 MONTH(S) e~~ective 12/19/2006 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current PennsYlvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 12/19/2006. You may surrender these items before, 12/19/2006, for earlier credit; however, yoU may not drive after these items are surrendered. 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 for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the fOllowing steps to acknowledge this suspension. 1. Return all current PennsYlvania driver's licenses, learner's permits and/or camera cards to PennDOT. If YOU do not have any of these items, send a sworn nota- rized letter stating yoU are aware of the suspension of your driving privilege. You must specify in your letter why YOU are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: PennsYlvania Department of Transportation !.o EXHIBIT ~ ~ ~ r1 ~ ti . e 063116123199170 Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your PennsYlvania driver's licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send YOU a receipt con- firming the date that credit began. If YOU do not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, YOU will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If YOU do not return all current driver license pro- ducts, we must refer this matter to the PennsYlvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 14, 2006, of this letter. If YOU file an appeal in the County Cou~t, the Cou~t will give YOU a time- stamped ce~tified copy of the appeal. In order for your appeal to be valid, YOU must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 12/19/2006. . e 063116123199170 Sincerely, ./;),.ef/1rJ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us t ~ r-- ~ R ~ tl .~ ~ a ~~ ~ C) r: ~: "" ~:;: 0 C;'y.... -n CJ --i pOl I ;: ~.~~ 0J ". ) ..L I'.) ~., -+-, ':l) C) ;.;~ ~~ .. :...::1 o :D tn .< ,y DEe 14 !II b41' v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C>~ - 10'1/ tll~~L ~1?7 AMANDA D. SEIBERT COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this~~aYOf p( c, . ,2006, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the~~~day of /1J1:1~ ,2001. at J3fl. o'clock in Courtroom -1-, Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court, Distribution : Prothonotary's Office John B. Mancke, Esq., 2233 N. Front Street, Harrisburg, PA 17110 \. / J- -I f" -0 ~ ~ ' PA Dept. of Transportation, Office of Chief Counsel, 1101 S. Front St7' Harrisburg, PA 1710~ ~ ()t+s' ~)?~ / ~ _ It/tJ6 (LL./ >- ~ 1-- ~~~~ ~~i- UJC- _! o:hb! F u_ D o M C'? ;::.- co W L.lJ Cl ...0 =;, = C"-oJ \ ".1 ;;~ :.::J o v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7071 CIVIL AMANDA D. SEIBERT COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF ORNER LICENSING PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned license suspension appeal. neke, Esq., 10 No. 07212 agner, Spreha & McQuillan 2233 N. nt Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: March 22, 2007 ~ b uJ-7 o._~ .-0 U--,-~ ~.J.- r-:= Qc OC'!: ~O- u:~ u.. o .::r N :c 0.. N N Q:: <<CC. s: S = ~ '>- l:.::-; L__ ::J <C. r'j'7 7);{ -".. :"~~~ ...-i.!...- ~,:i:Z , 'JuJ ii10.. a . - AMANDA D. SEIBERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEAL TH ~r PENNSYLVANIA, DEPARTMENT OF TRANSPORTA TION, BUREAU OF DRIVER LICENSING NO. 06-7071 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 22nd day of March, 2007, upon consideration of the Praecipe To Withdraw filed in the above matter on March 22, 2007, the hearing scheduled for March 26, 2007, is cancelled. BY THE COURT, An B. Mancke, Esq. 2233 N. Front Street Harrisburg, P A 17110 Attorney for Petitioner vGeorge Kabusk, Esq. Assistant Counsel ~ Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc V \Nlif\v\SN\\\ 3d i It'r"""'" r' .,"'\ .....,,..--rl.lf....1"'I ,'..i.\\ p" . "",,::,~'''::iY'1\ I.... L B ~ \ ~Id CZ lW?1l~Ul J..\:i\llONOH10'cid 3\11 ~ 301::\jO.-G31\:1 . .... AMANDA D. SEIBERT v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7071 CIVIL (') c s' ue;:; ?2r.i~ zC'_. ~:-:" r:;::c ~~ :::4 -< PRAECIPE TO WITHDRAW Please withdraw the above-captioned license suspension appeal. Dated: March 22, 2007 ncke, Esq., ID No. 07212 agner, Spreha & McQuillan 2233 N. nt Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner ~. 0 5 -n ?: ~:n :;0 -0 ~ N :uy N 00 ~ .,-~ -0 ,-'" ::u :K 20 om -:-; -~ N ~ (.n