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Home My WebLink About14-4118S E C T I 0 N A S E C T I 0 N Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet CUMBERLAND County For Prothonotary Use Only: Petition Declaration of Taking Docket No: /1/- i-/ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking ■ Complaint lr Writ of Summons • • Transfer from Another Jurisdiction • Lead Plaintiff's Name: KEVIN LEE MYERS Lead Defendant's Name: PENNDOT BUREAU OF DRIVER LICENSING Dollar Amount Requested: ■ within arbitration limits Are money damages requested? ■ Yes ® No (check one) • outside arbitration limits Is this a Class Action Suit? • Yes X No Is this an MDJAppeal? ■ Yes El No Name of Plaintiff/Appellant's Attorney: a Self -Represented [Pro Se] Litigant) ■ Check here if you have no attorney (are 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 ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos O 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 • Board of Assessment ❑ Board of Elections Dept. of Transportation Statutory Appeal: Other ❑ Zoning Board ❑ Other: DRIVER'S LICENSE APPEAL MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment E Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 PLAINTIFF BELIEVES HIS SUSPENSION SHOULD RUN CONCURRENT SINCE HIS SENTENCING RAN CONCURRENT. /13.7SJ. 7 35. It 3oc -3y' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. iV ¥// C _ . �� rIll"• -or- . Driver's License/Auto Registration Appeal r Q, c, 1 < _.0 C� " S: -c -)h 7i: cD (- ;� ,. . PO .. e,) = -. KEVIN LEE MYERS (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) JULY 15 , 2014 , comes the Appellant, (Type your name) KEVIN LEE MYERS , by his/her attorney, WILLIAM C FELKER 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) JUNE 25 ,2014 ,to suspend Appellant's ✓❑driving privileges El automobile registration for a period of (Insert length of suspension) 2 YEARS pursuant to Section 3802A1 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) JULY 30 , 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; aThe 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:) 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 1 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). l l . 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, (Sign name here) WILLIAM C FELKER (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 Address: PO BOX 1401 City / State / Zip Code: CAMP HILL PA 17001-1401 Telephone Number: 717.512.0647 Email address: WCFESQ @GMAIL.COM 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN LEE MYERS No. P/- (Print your name) 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 4p2.,day of , 20 /y , a hearing is scheduled on the appeal of Petitioner for the /4 z; day of /)C...--62--0 , 20/ -I at : 3J &_1‘11 in Courtroom #3- 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, Judge PLAINTIFF BELIEVES HIS SUSPENSION SHOULD RUN CONCURRENT SINCE HIS SENTENCING RAN CONCURRENT. /13.7sral.4 351( .061 3ecc3f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN LEE MYERS No. ii/- ,` :' c t' (Type your name) -0 r r Vs. Driver's License/Auto Registration Appeaf�� a, c� c-77--: : Commonwealth of Pennsylvania > c 2 Department of Transportation IN.)�? Bureau of Drivers Licensing c,.> APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) JULY 15 , 2014 , comes the Appellant, (Type your name) KEVIN LEE MYERS , by his/her attorney, WILLIAM C FELKER 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) JUNE 25 ,2014 .to suspend Appellant's r l driving privileges l i automobile registration for a period of (Insert length of suspension) 2 YEARS pursuant to Section 3802p`1 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) JULY 30 , 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. ElAppellant did not knowingly or intelligently refuse a chemical test; 111 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:) 1 -OR - The suspension of Appellant's automobile registration is contrary to law in that: a 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). l l , 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, (Sign name here) WILLIAM C FELKER (Type name here) VERIFICATION Co L 723 c - 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 Address: PO BOX 1401 City / State / Zip Code: CAMP HILL PA 17001-1401 Telephone Number: 717.512.0647 Email address: WCFESQ @GMAIL.COM 2 4 iW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN LEE MYERS (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. //` 14/11f ems✓ Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this', day of , 20 /y , a hearing is scheduled on the appeal of Petitioner for the /4 day of `7" ,,�-u , 20/ / at 7: J 4- M in Courtroom #.5— 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`a 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. co-alies ptvi•tect... nsil 1,6 .e..tiezt_. �Fr 7/is/Iy `-Trj By the Court, 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN LEE MYERS (Type your name) No. l Vs. Driver's License/Auto Registration Appeal ry c. Commonwealth of Pennsylvania - 71 Department of Transportation rzrn r � Bureau of Driver Licensing Q) + " _� crt o' CERTIFICATE OF SERVICE <� `. i The undersigned hereby certifies that on ,JULY 24 , 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 24 , 2014 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature: Type your Name: WILLIAM C FELKER Address: PO BOX 1401 City / State / Zip Code: CAMP HILL PA 17001 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 ** KEVIN L. MYERS, • IN THE COURT OF Petitioner • COMMON PLEAS OF • CUMBERLAND COUNTY v. : COMMONWEALTH OF PENNSYLVANIA, • NO. 14-4118 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF MOTOR VEHICLES, • APPEAL OF DRIVER Respondent • LICENSE SUSPENSION ORDER AND NOW, this 16th day of October, 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 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 the / day of (---be-ce% , 20 1'/, at 9: 30 & .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. •.a3 rnm o Zr ri sr s ._ --i -0 BY THE COURT: ,e6,11 ZiCe/ X cp cry .. w, Attest: 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 eel)t e''s 114.4, fed rv//L/i, KEVIN L. MYERS, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-4118 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL ORDER AND NOW, this 18th day of December, 2014, the appeal filed in the above - captioned matter is: Attest: liam C. Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001-1401 J Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Cop res Q/ 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. ITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. 14 CONTINUED and RESCHEDULED for the - .cay,�of %&Oru�,� , 2015, at q.. S0 &.m., in Courter -- - Room No. / of the Cumberland County Courthti,ouse, c Carlisle, Pennsylvania. �> M - 4_— C tai, vois A Det