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Home My WebLink About14-3938S E C T I 0 N A S E C T I O N Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet County For Prothonotary Use Only: Lead Plaintiff's Name: ce,�"�_ -ekNtlU Docket No: /4-/-5q3(r6�/Z The information collected on this form is used solely for court administration purposes. This form sloes not supplement or replace the filing and service of pleadings or other papers as required by lair or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: ce,�"�_ -ekNtlU Lead Defendant's Name:e1� T clica,.9,,q,(2142L.✓ Are money damages requested? ❑ Yes No DollarAmount Requested: • within arbitration limits (check one) • outside arbitration limits Is this a Class Action Suit? ■ Yes LI No Is this an MDJAppeal? ❑ Yes ■ No Name of Plaintiff/Appellant's Attorney: W q k.,. e.,--- C i` C C a Self-Roireselte€[Pro Sel A itig'itj • Check here tfr3u have i1;} attorney f�t 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 Mass Tort) ❑ Intentional O Malicious Prosecution ❑ Motor Vehicle O Nuisance ❑ Premises Liability O Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Boar. .fAssessment ❑ ::ard of Elections n 9 ept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto 0 Replevin ❑ Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE H HEINLY III (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. i tt 3?3 ali c^, elm Driver's License/Auto Registration Appeal .:-.--t-7 r� rritib:_- I"— ^.t (, (-,- CD --r C., ):› ;2'- ti '- C APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) , 2014 , comes the Appellant, (Type your name) CLARENCE H HEINLY III , by his/her attorney, WILLIAM C FELKER and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 21713645 2. PennDOT proposes, by Notice dated (insert "mailing" date here) JUNE 5 ,2014 ,to suspend Appellant's driving privileges ❑ automobile registration for a period of (Insert length of suspension) 18 MONTHS pursuant to Section 1547 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) JULY 10 , 2014 ****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) 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:) SUSPENSION SHOULD BE FOR A PERIOD OF 12 MONTHS 4/03,7 S?°'k ' O--3s,t 0-.30097 1 -OR - The suspension of Appellant's automobile registration is contrary to law in that: 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). LiOther (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (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: Address: City / State / Zip Code: Telephone Number: Email address: WILLIAM C FELKER PO BOX 1401 CAMP HILL PA 17001-1401 717-512-0647 WCFESQ a@ GMAIL.COM 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 05, 2014 CLARENCE H HEINLY III 633 WILLIAMS GROVE RD MECHANICSBURG PA 17055 Dear MR. HEINLY: WID t 141496075112063 001 PROCESSING DATE 05/29/2014 DRIVER LICENSE # 21713645 DATE OF BIRTH 12/28/1968 This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B111 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 05/24/2014: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 07/10/2014 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 07/10/2014. You may surrender these items before, 07/10/2014, 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 27.50. 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: 141496075112063 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 confirming the date that credit began. If you do not 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 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: 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. 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". 141496075112063 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 05, 2014, 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 certified 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 07/10/2014. Sincerely, Kara N. Templeton, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 P.M. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE WEB SITE ADDRESS www.dmv.state.pa.us 1-800-228-0676 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE H HEINLY III (Print your name) No. <3 5 .47 Cc/! C- �lM Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing �,,,ll ORDER SCHEDULING HEARING ON APPEAL AND NOW, this ?l,61 day of , 20 /`1,/ , a hearing is scheduled on the appeal of Petitioner for the /t t day of , 20 at 4: 33 �M in Courtroom # J 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, 3`d 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 Court, CO ce l.�.'Pe.C,ket.. lb op V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE H HEINLY 111 (Type your name) : No./V-29‘.3?. CCi//7T, Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on JULY 14 , 2014 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: JULY 14 , 2014 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: Type your Name: Address: City / State / Zip Code: Telephone: WILLIAM C FELKER PO BOX 1401 CAMP HILL PA 17001-1401 717.512.0647 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** CLARENCE H. HEINLY, III, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-3938 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION ORDER AND NOW, this 16th day of October, 2014, the appeal filed in the above - captioned matter is: Attest: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal 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 they of c ca. , 20_, at .m., in Couftroomx- rrirr.,co Room No. of the Cumberland County Courthlxisk cnr- — Carlisle, Pennsylvania. BY THE COURT: William C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001-1401 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 opres mailed /41/71/Lt