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Home My WebLink About13-5079 Supreme Co» Pennsylvania Cour_ of Comoro PIeas ForProdtono&m,Uve On j C1viI Met Q t Docket No: County The ii fonnation collected on this form is used solely=for cotnfi administi-ation Purposes. This fonit does not supplentent or replace the,f ling and set-vice of pleadings or other Pei-s as t e hired L lmf�or sales of corm. Commencement of Action: S ❑ Complaint ❑ Writ of Summons —Al"Petition ❑ Transfer fi-om Another Jurisdiction ❑ Declaration of Taking c Lead Pr/l�ai/nttff yi s Name: J} Le Defendant's N:uue: Yes Amount Regttested: 1--)within arbitration limits I Are money damages requested? Q I es 0 (check one) u outside:u•bitration Inuits N Is this a Class Ad.ion Suit? ❑Yes U�No " Is this an AIDJAppeal? ❑ Yes o A Name of PlaintifflAppellant's Attorney: t" . re 63 Check here if you have no attorney(area Self-Represented[Pro Se]Litigant) Nature of the Case: Place an"k:'to the left of the ONE case category that most accttrately describes your PRIG'-MY CASE. Ifyotr are rnalchig more thmi one qpe of clairrr, check the one that yott consider most irnportarnt. TORT(do not include Mass Ton) CONTRACT{do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Adminishative Agencies • Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessuteut • Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections • Nuisance �' ept. of Transportation • Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employmeut Dispute: mass ton) E • S!<wder/Libel'Defamatiou Discrimination C O Other: C3 Employment Dispute:Other O Zoniu Board T ❑ Other: T ❑ Other. O MASS TORT O Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS O Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B O Other. O Eminent Domain/Condemnation O Declaratory Judrment ❑ Ground Rent ❑ Mandamus 0 Landlord/Tenant Dispute O Non-Domestic Relations --------- O Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY L Mortgage Foreclosure:Commercial O Quo Wamanto ❑ Dental O Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: O Medical O Other: ❑ Other Professional: Up�Tated'•1/Y/20II h Tf'E 'CC T"IC"1B T.ttF 2013 AUG 28 PH 12= 33 CUMBERLAND COUNTY PENNSYLVANIA FORREST C. MYERS : IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. y :NO. 13 :So79 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION :LICENSE SUSPENSION/ BUREAU OF DRIVER LICENSING, :DISQUALIFICATION APPEAL Respondent LICENSE SUSPENSION/DISQUALIFICATION APPEAL AND NOW, comes Forrest C. Myers, hereinafter Petitioner, by and through his attorneys, Wagner &Spreha,who respectfully represent: 1. Your Petitioner, Forrest C. Myers, is an adult individual residing at 190 Ashford Drive, Enola, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center,Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. The Petitioner received the enclosed notices of disqualification and suspension as a result of an alleged chemical test refusal that occurred on or about July 19, 2013. See Exhibits A& B. 4. Your petitioner believes such suspension/disqualification is illegal, unjust and improper for reasons which include, but are not limited to the following: a. The Petitioner was not advised of the required warnings; b. The Petitioner did not refuse chemical testing. WHEREFORE,your petitioner praysyour Honorable Court to hold a hearing to determine the validity of the suspension/disqualification outlined in Exhibits A& B. Respectfully submitted, WAGNER&SPREHA —Z CIA'11�1 Edward rAllreha &, Esq. Attome D No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau_9 r Licensing H i s b ru g "P3 JULY 31 , 2013 FORREST CEDRIC MYERS WID # 132056123013250 002 190 ASHFORD DR PROCESSING DATE 07/24/2013 DRIVER LICENSE # 20556817 ENOLA PA 17025 DATE OF BIRTH 05/01/1964 Dear Motorist : This is an Official Notice of Disqualification of your com- mercial driving privilege as authorized by Section 1613 of the Pennsylvania Vehicle Code as a result of your violation in Pennsylvania . Your driving record reflects a violation on 07/19/2013 of 1547 of the Pennsylvania Vehicle Code , CHEMICAL TEST RE- FUSAL . Your commercial driving privilege is disqualified for a pe- riod of 1 YEAR(S) effective 09/04/2013 at 12 : 01 A. M . In order to comply with this sanction you are required to return any current driver's license, learner 's permit and/or, temporary driver's license (camera card) in your possession no later than the effective date listed . If you cannot comply with the requirements stated above , you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege . Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Ve- hicle Code . Although the law mandates that your driving privilege is under disqualification even if you do not surrender Your license , Credit will not begin until all current driver ' s license product (s) , the DL16LC Form , or a letter acknowl- edging your sanction is received in this Bureau . WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT . IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE , YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION . The above mentioned sanction is in addition to any pre- viously issued sanction(s) . EX IBIT 132056123013250 You have the right to appeal the Departm "a to the Division) w Chin: 330 days o the Court of Co ill mail date ( JULY 31 , 2010 O theheffective .date of disquali- send in your � fi.cation unless you show the Court that you have a reason- able likelihood of succeeding in the appeal and receive an 1 order permitting You to continue to drive . peal PLEASE u 0 h have to this Civil Appeal is n file from the criminal conviction . I APPEAL HAS BEEN CERTIFIED COPY OF FILED I THEAP APPEAL MUST T BE C SENT BY TIME STAMPED CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER } HARRISBURG, PA. 17104 Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing SEND FEE/LI.CENSE/DL- 16LC/T0 : INFORMATION (8 : 00 AM TO 5 : 00 PM) IN STATE 1-800-932-4600 . Department of Transportation OUT-OF-STATE 717-412-5300 Bureau of Driver Licensing P . O . Box 68693 TOO IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TOO OUT-OF-STATE 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF' TRANSPORTATION Bureau of :rlyer-t-iZTr�i-a Mail Dat JULY 31 , 2013. FORREST CEDRIC MYERS WID # 132056123013250 002 i 190 ASHFORD DR PROCESSING DATE 07/24/2013 DRIVER LICENSE # 20556817 ENOLA PA 17025 DATE OF BIRTH 05/01/1964 i Dear MR . MYERS: i This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BII of the Pennsylvania Vehicle Code . As a result of your violation of Section 1547 of the Vehicle Code , CHEMICAL TEST REFUSAL , l on 07/19/2013 : { ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 09/04/2013 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 09/04/2013 . You may surrender these items before , 09/04/2013 , 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 $ 13. 50 . You must present two (2) forms of proper identification (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 notarized 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 : EX IBIT D 132056123013250 Pennsylvania Department of Transportation Bureau of Driver Licensing P . O . Box 68693 Harrisburg , PA 17106-8693 2 . Upon receipt , review and acceptance of your Pennsylvania driver ' s license ( s) , learner 's permit (s) , and/or a sworn t notarized letter , PennDOT will send you a receipt i confirming the date that credit began . If you do not f receive a receipt from us within three (3) weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension . PennDOT phone t numbers are listed at the end of this letter . 3 . 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 . 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 : f 1 . Return the enclosed Application for Restoration . The amount due is listed on the application . j 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 . Please note : Paying the restoration fee DOES NOT satisfy the requirement to acknowledge' your suspension/revocation. If you have not acknowledged your suspension/revocation , please follow the instructions listed under "Complying with this Suspension/Revocation" . 132056123013250 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , JULY 31 , 2013 , of this letter . If you file an appeal I 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 certified copy of the appeal by certified mail to : j Pennsylvania Department of Transportation f Office of Chief Counsel Third Floor , Riverfront Office Center Harrisburg , PA 17104-2516 Y Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/04/2013 . f Sincerely, r Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8 : 00 a .m . to 5 : 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 K K K f _ i 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. Date 9-3 FORREST C. MYERS : IN THE COURT OF COMMON PLEAS Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA A- V. n- :NO. ��—S�7%/� &Vj COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION :LICENSE SUSPENSION/ BUREAU OF DRIVER LICENSING, :DISQUALIFICATION APPEAL Respondent ORDER AND NOW, this.V day of f-x,2013, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the 131� day of 20_a, at o'clock in Courtroom 6, Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Appellant's attorney at least sixty days prior to the date of the hearing. By `! J. Distributio L P oU and F. S reha Jr. Es uire, 2233 North Front Street, Harrisburg, PA 17110 p , q Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3r' Floor, Harrisburg, PA 171042516 ` n rTi;= CD CJ �e IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FORREST C. MYERS , • NO. 13-5079.0IL V. COMMONWEALTH OF PENNSYLVANIA, • -<?' cv ' DEPARTMENT OF TRANSPORTATION, • < ,, BUREAU OF DRIVER LICENSING • ORDER AND NOW, this 22'x° day of Neu. ... , 2013, the appeal filed in the above referenced matter is: DISMISSED and the suspension/disqualification shall be REINSTATED. SUSTAINED and the suspension/disqualification shall be RESCINDED. REMANDED to the Department to update its records and to rescind the appealed suspension/disqualification. WITHDRAWN. CONTINUED AND RESCHEDULED for the day of , 20_, at .m., in Courtroom No. of the Cumberland County Courthouse. • I •• A ATTEST: Thomas A. Placey J. Common Pleas Judge Kelly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ward Spreha, Esq., 2233 North Front Street, Harrisburg, PA 17110 ,11 aa,/�3