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HomeMy WebLinkAbout13-5632 Supreme Cgdi�fTennsylvania Court bf Coinmo1 Tleas For Prothonotary Use Only; C;<vat ver Sheet Docket No: F S 1 County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons Petition S Transfer from Another Jurisdiction E ❑ F1 Declaration of Taking C, Lead aintiff s Name: Lead Defenda 's Name: T A/ S C`a�lsL� O Are money damages requested? ❑YesNo Dollar Amount Requested: within arbitration limits I (check one) E]outside arbitration limits O N Is this a Class Action Suit? ❑Yes /IZ`No Is this an MDJAppeal? 0 Yes o A ' Name of Plaintiff/Appellant's Attorney: lm:6,w T— Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include,1fass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional © Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance Dept.of Transportation ❑ Premises Liability 0 Statutory Appeal:Other S - ❑ Product Liability (does not include ❑ Employment Dispute: Emass tort) Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ® Other: 1 ❑ Other: 0 . MASS TORT ❑ Asbestos N ❑ Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: 0 Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus El Landlord/Tenant Dispute ❑ Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental ❑ Partition ❑Replevin 0 Legal ❑ Quiet Title ❑Other: Medical Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN L MYERS No (Type your name) 6`6 3 Vs. Driver's License/Auto Registration AppeatZ V) 4-T! Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing "cy ? APPEAL OF DRIVERS LICENSE/AUTO REGISTRATION SUSPENSION r,y r (JI AND NOW,this(enter today's date) SEPTEMBER 26 2013 comes the Appellant, (Type your name) KEVIN L MYERS , by his/her attorney, WILLIAM C FELKER, ESQ and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 21102155 2. PennDOT proposes, by Notice dated(insert"mailing"date here)SEPTEMBER 24 , 2013 to suspend Appellant's driving privileges 1:1 automobile registration for a period of(Insert length of suspension) 18 MONTHS pursuant to Section SECTION 15476111 of the Vehicle Code,which suspension is to be effective(Insert suspension effective date) SEPTEMBER 25 2013 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: ,-"(.Check those which apply) F] The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; The conviction on which Appellant's suspension is based was overturned by successful appeal,OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other(Specify reason:) APPELLANT UPON BEING READ HIS WARNINGS AGREED TO THE WITHDRAW OF BLOOD BUT WAS THEN TOLD BY THE OFFICER THAT HE WAS NOW DOING IT UNDER DURESS AND NO BLOOD WOULD BE DRAWN. 0A ,l .7/3 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: F] My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). Other(specify reason:) WHEREFORE,Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, l x_444 (Sign name here) WILLIAM C FELKER, ESQ. (Type name here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: Type Name: WILLIAM C FELKER, ESQ. p'!,�/Q(S Address: P.O. BOX 1401 / City/State/Zip Code: CAMP HILL PA 17001-1401 Telephone Number: 717.512.0647 Email address: WCFESQ @YAHOO.COry 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : SEPTEMBER 24, 2013 KEVIN LEE MYERS WID # 132606180626562 001 3761 SPRING RD PROCESSING DATE 09/17/2013 DRIVER LICENSE # 21102155 CARLISLE PA 17013 DATE OF BIRTH 10/22/1965 Dear MR. MYERS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code . As a result of your violation of Section 1547 of the Vehicle Code , CHEMICAL TEST REFUSAL, on 09/13/2013: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 09/25/2013 at 12: 01 a.m. This suspension is in addition to any other suspensions al- ready on your record. 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 09/25/2013. You may surrender these items before, 09/25/2013, 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 ST3.50 .You must present tW0 - Z)-forms of 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. 132606180626562 Remember : You may not retain your driver's license for identification purposes. Please send these items to : 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 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 three (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 . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , SEPTEMBER 24 , 2013, of this letter . 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 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-__ 171-U4_=2_516- Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/25/2013. Sincerely, Janet L . Dolan, Director Bureau of Driver Licensing IF (P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN L MYERS No. /4 J—7 O/—C./q'o7OC)—/ • (Print your name) 13 - 5-- 3c C'r' / • 1 Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania .• Department of Transportation .• Bureau of Driver Licensing .• ORDER SCHEDULING HEARING ON APPEAL AND NOW, this a hearing is scheduled on the appeal of Petitioner for the I3 day of l Ut ocatE€ 2._ , 20 9 at ( :36 p. M in Courtroom # p of the Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, PA 17013,at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center,3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Cou , Judge CO'D t CS len..1,1.;_(_ , _ _„„.....A. c..,..) rric,J c:„ _.,. 4 LA) .g -ii..lcs.___ Vy l ! _.r y I E)LS4 CLaYr i ti r , /t)////2 -„,-,c....-- k.0 (------: ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA KEVIN L. MYERS ��� J l� (Type your name) No. C7� r,a Vs. —0 — Driver's License/Auto Registratiotr pekip,, Commonwealth of Pennsylvania r' r- Department ofTransportation -�C= C ° Bureau of Driver Licensing CD °a c3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on OCTOBER 6 , 2013 , I caused to be mailed by regular mail, postage prepaid,a Copy of the Appeal, Order Scheduling Hearing, and all attachments,to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center,3`d Floor 1101 South Front Street Harrisburg,PA 17104-2516 Date: OCTOBER ,20 1 Signature: . % - Type your Name: WILLAIM C FELKER,ESQ Address: P.O.BOX 1401 City/State/Zip Code: CAMP HILL PA 17001-1401 Telephone: 717.512.0647 **This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** c) ex, IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY, PENNSYL RIA _,:# Z rn o rn Kevin L. Myers • No. 13-5632 Civil co CD • Driver's License/Auto Registration Appeal; c-) -v o V. • 6c:a Commonwealth of Pennsylvania ' `, Department of Transportation • Bureau of Driver Licensing • REQUEST FOR CONTINUANCE WHEREAS,this Court has scheduled a hearing in this appeal for the 13 day of November,2013 at 1:30 P.M. AND NOW comes Kevin Myers, by his attorney, William C. Felker, Esquire, and respectfully submits as follows: 1. There is a criminal case pending related to the issues herein involved. 2. Counsel for Mr. Myers cannot put on its case without the testimony of Mr. Myers. 3. Mr. Myers would face cross examination that could violate his rights against self- incrimination in his criminal matter. 4. Mr. Myers is due to appear for his formal arraignment on Thursday, December 19,2013. 5. Kelly Solomon(787-2830),counsel for the Commonwealth, does not object to this continuance request. WHEREFORE,counsel for Kevin Myers respectfully requests this Honorable Court continue this matter until mid-February 2014. f t 1 ft- November 8,2013 CWm. C. Felker, Esquire ID# 67999 P.O. Box 1401 Camp Hill,PA 17001 717-512-0647 • . CERTIFICATE OF SERVICE AND NOW,this 8th day of November, 2013 ,I William Felker, Esquire, Attorney for Kevin Myers,hereby certify that I have this day sent a copy of Request For Continuance by depositing a certified copy of the same in the United States mail,postage prepaid and addressed as follows: Kelly Solomon Office Chief Counsel Vehicle Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg,PA 17104-2516 � . Wm. C. Felker, Esquire ID# 67999 P.O. Box 1401 Camp Hill,PA 17001 717-512-0647 3 IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY, PENNSYLVANIA Kevin L. Myers • No. 13-5632 Civil • Driver's License/Auto Registration Appeal v. • Commonwealth of Pennsylvania • Department of Transportation • Bureau of Driver Licensing • ORDER RESCHEDULING HEARING ON APPEAL AND NOW,this I day of_L\10 y .., 20 , request for continuance is granted and a hearing is rescheduled on the appeal of Petitioner for the 11. day of 14-kii , 20 at q 3o A M in Courtroom# of the Cumberland County Courthouse,One Courthouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. y the Court, Judge Thomas A. Placey common Pleas 3udge arses c,) iI/i3/i "—Yawl );)._c;; " KEVIN L.MYERS : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-5632 CIVIL COMMONWEALTH OF PA DEPT. OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : DRIVER'S LICENSE/AUTO REGISTRATION Appellee : APPEAL ORDER AND NOW, this / 3 day of November, 2013,the order of November 12, 2013, continuing this hearing to January 17, 2014, at 9:30 a.m. is amended to reflect that the hearing time is 1:30 p.m. All other provisions of said order of November 12, 2013, to remain in full force and effect. BY THE COURT, /4L Key' A. Hess, P. J. ✓ William C. Felker, Esquire For the Appellant Philip Bricknell, Esquire For PennDOT :rim ierza.4.1g.ct rn. =rr, : 11 /3 /! r-- r 3 r= =-rY) cri - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA KEVIN L. MYERS vs. Nos.: 13-5632 CIVIL COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING • PRAECIPE To: David D. Buell, Prothonotary Please enter my appearance on behalf of the Petitioner, Kevin L. Myers, in the above- captioned matters. Date: David E. Hershey, Esquire ID No.: 43092 COLGAN&ASSOCIATES, LLC 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 C/) CERTIFICATE OF SERVICE On the /5 day of January,2014,I certify that a copy of the foregoing petition was served upon the following attorney for the Department of Transportation by United States mail,first-class, postage prepaid, as follows: Kelly E. Solomon, Esq. Office of Chief Counsel Department of Transportation 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 Respectfully submitted, Date: (// //--"( David E. Hershey, Esquire ID No.: 43092 COLGAN&ASSOCIATES, LLC 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 Attorney for Petitioner KEVIN L. MYERS, : IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND : CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-5632 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : DRIVER LICENSE Respondent : SUSPENSION APPEAL ORDER AND NOW, this t,T" day of January, 2014, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this Vappeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthoiee, Carlisle, Pennsylvania. n o X 7; rn a$. r BY THE COURT: rN-a .mac► ° > - =.'r- >c, -r ; >--3 w :74 .. rz, J. Attest: illiam C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 0-erl'es P221 Z4 a9Py • 4'17 1'411;7 COMMONWEALTH OF PENNSYLVANIA i 1 (3Th°Adi?rrli R a DEPARTMENT OF TRANSPORTATION � � FEe 18 p 1 3: 4i , OFFICE OF CHIEF COUNSEL C:.li $ERL Nn BY: PHILIP M. BRICKNELL, ESQUIRE f yp ENNds y�y4 OUNT y ASSISTANT COUNSEL ATTORNEY ID NO: 88330 1101 SOUTH FRONT STREET 3RD FLOOR HARRISBURG PENNSYLVANIA 17104-2516 (717)787-2830 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION } OF BUREAU OF DRIVER LICENSING : CUMBERLAND COUNTY } v. } No: 13-5632 Civil Term KEVIN L. MYERS } LICENSE SUSPENSION APPEAL NOTICE OF APPEAL Notice is hereby given that the Commonwealth of Pennsylvania Department of Transportation hereby appeals to Commonwealth Court of Pennsylvania from the order dated January 29, 2014. The adjudication in question is from an appeal of an administrative determination of the Commonwealth and cannot be reduced to judgment. The order has been entered in the docket and notice of its entry has been given under Rule 236 of the Pennsylvania Rules of Civil Procedure a copy of the docket entries is attached. I Philip M. Bricknell, Esquire '351 \ •/ COMMONWEALTH OF PENNSYLVANIA 2014 f 7 H No rA " DEPARTMENT OF TRANSPORTATION , �,y� 18 p m OFFICE OF CHIEF COUNSEL toERLAtro BY: PHILIP M. BRICKNELL, ESQUIRE NNSYE'D COUN ASSISTANT COUNSEL ATTORNEY ID NO: 88330 1101 SOUTH FRONT STREET 3RD FLOOR HARRISBURG PENNSYLVANIA 17104-2516 (717)787-2830 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION } OF BUREAU OF DRIVER LICENSING CUMBERLAND COUNTY } v. } No: 13-5632 Civil Term KEVIN L. MYERS } LICENSE SUSPENSION APPEAL REQUEST FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the court reporter is hereby requested to certify and file the original transcript in this matter heard on January 29, 2014, in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Please include the original transcript in the original, certified record that is sent to the Commonwealth Court. The Department of Transportation appellant does not desire or require a separate copy of the transcript. I Philip M. Bricknell, Esquire COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: PHILIP M. BRICKNELL, ESQUIRE ASSISTANT COUNSEL ATTORNEY ID NO: 88330 1101 SOUTH FRONT STREET 3R13 FLOOR HARRISBURG PENNSYLVANIA 17104-2516 (717)787-2830 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION } OF BUREAU OF DRIVER LICENSING : CUMBERLAND COUNTY } v. } No: 13-5632 Civil Term KEVIN L. MYERS } LICENSE SUSPENSION APPEAL PROOF OF SERVICE The Commonwealth of Pennsylvania, Department of Transportation, through its counsel Philip M. Bricknell, Esquire, does hereby certify that a copy of the Notice of Appeal was served on February 14, 2014, by first class mail, on the following The Honorable Kevin A. Hess DAVID E. HERSHEY, ESQ.COLGAN & Cumberland County Courthouse ASSOCIATES, LLC 1 Courthouse Square COLGAN & ASSOCIATES, LLC Room 404 130 W. CHURCH STREET., SUITE Carlisle, PA 17013 100DILLSBURG, PA 17019 Barbara Graham, Court Reporter 1 Courthouse Square • Carlisle, PA 17013 Philip M. Bricknell, Esquire • KEVIN L. MYERS, : IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND : CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-5632 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : • BUREAU OF DRIVER LICENSING, : DRIVER LICENSE Respondent : SUSPENSION APPEAL ORDER AND NOW, this tYTH day of January, 2014, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this Vappeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthotpe,o Carlisle, Pennsylvania. ` -7, Q BY THE COURT: -< Z' �r DC 9 O � J. Attest: illiam C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3`d Floor, 11.01 South Front Street, Harrisburg, PA 17104-2516 0-Cr i4eS / a9Mt PYS511• Cumberland County Prothonotary' s Office Page 1 Civil Case Print 2013-05632 MYERS KEVIN (vs) PENNSYLVANIA COMMONWEALTH OF Reference No. . : Filed • 9/26/2013 Case Type CIVIL APPEALS - AGENCI Time • 4 : 27 Judgment . 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 Case Comments Higher Crt 1 . : Higher Crt 2 . : ******************************************************************************** General Index Attorney Info MYERS KEVIN L PLAINTIFF FELKER WILLIAM C 3761 SPRING ROAD HERSHEY DAVID E CARLISLE PA 17013 PENNSYLVANIA COMMONWEALTH OF DEFENDANT DEPARTMENT OF TRANSPORTATION RIVERFRONT OFFICE CTR 3RD FL 1101 SOUTH FRONT STREET HARRISBURG PA 17104 2516 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY 9/26/2013 APPEAL OF DRIVER' S LICENSE - BY WILLIAM C FELKER ESQ 10/01/2013 ORDER SCHDULING HEARING ON APPEAL - 9/30/13 - IN RE: HEARING SCHEDULED 11/13/13 @ CR 6 B10/ OURTHOUSE - BY THE 1/1 10/08/2013 CERTIFICATE OF SERVICE - APPEAL/ORDER SCHEDULING HEARING UPON DEFT - BY WILLIAM C FELKER ATTY FOR PLFF 11/08/2013 REQUEST FOR CONTINUANCE - BY WM C FELKER ATTY FOR PLFF 11/13/2013 ORDER RESCHEDULING HEARING ON APPEAL DATED 11-12-13 IN RE HEARING IS RESCHEDULED TO 1-17-14 AT 9 30 AM IN CR 4 - BY THE COURT THOMAS A PLACEY J- COPIES MAILED 11-13-13 11/13/2013 ORDER DATED 11-13-13 IN RE HEARING CONTINUED TO 1-17-14 IS AMENDED TO REFLECT THE HEARING IS AT **1 30PM** - BY THE COURT KEVIN A HESS PJ- COPIES MAILED 11-13-13 1/17/2014 PRAECIPE TO ENTER APPEARANCE - BY DAVID E HERSHEY ATTY FOR PLFF 1/29/2014 ORDER - 1/29/14 - APPEAL IS SUSTAINED AND THE SUSPENSION WHICH IS THE BASIS OF THIS APPEAL SHALL BE RESCINDED - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 1/29/14 LAST ENTRY ******************************************************************************** * Escrow Information * Fees & Debits Be*q Bal Py*mts/Adi End Bal ******************************** ******** ****** ******************************* APPEAL LIC SUSP 65 . 25 65 . 25 . 00 TAX ON APPEAL . 50 . 50 . 00 SETTLEMENT 9 . 50 9 . 50 . 00 AUTOMATION FEE 5 . 00 5 . 00 . 00 JCP FEE 23 . 50 23 . 50 . 00 103 . 75 103 . 75 . 00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court attt�Carlisle, Pa. This 8 day of V 23--�— Prothonotary 14itioia , qAciAeo CemmantucaItij Court of Venneptinutia Kristen W. Brown Pennsylvania judicial Center Prothonotary 601 Commonwealth Avenue, Suite 2100 Michael Krimmel, Esq. P.O. Box 69185 Chief Clerk of Commonwealth Court Harrisburg, PA 17106-9185 www.pacourts.us March 21, 2014 NOTICE OF DISCONTINUANCE OF ACTION RE: DOT v. Myers, K 236 CD 2014 Appeal of: Bureau of Driver Licensing Initiating Document: Notice of Appeal Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: No, 13-5632 Civil Term The above-captioned matter has been marked "Discontinued" with this court. Attorney Name Participant Name Participant Type Philip Murray Bricknell, Esq. Bureau of Driver Licensing Appellant /msp Certified from the Record MAR 2 2014 And Order Exit