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Home My WebLink About10-4247DALE ERNEST MORTON, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ?d - L4agl alvi[To*- LICENSE SUSPENSION APPEAL C.) 'n Rie C' r' r APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Dale Ernest Morton, Jr., by and through his attorney, Michael O. Palermo, Jr., Esquire, and avers the following: 1. Appellant resides at 3123 Ritner Highway, Newville, PA 17241. 2. Appellant received Notice dated May 27, 2010, stating that as authorized by Section 1543, of the Pennsylvania Vehicle Code, as a result of his May 19, 2010, conviction of Section 1543(a) of the Pennsylvania Vehicle Code, DRIVING WHILE SUSP/REVOKE, his driving privilege was being suspended for a period of one year, effective May 27, 2010. A copy is attached hereto as Exhibit "A". 3. This administrative order of the Pennsylvania Department of Transportation suspending / revoking / recalling / otherwise restricting his license is improper, and done without statutory authority, and is unlawful. 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: # 4ga..6o Pp AT7Y a. Petitioner is not guilty of the underlying offense; c# asal V ayy3la b. Petitioner's is in the process of seeking nunc pro tune relief based upon that facts surrounding the `conviction' lodged at the Magisterial District Judge's office. c. Your Petitioner did not plead guilty to the underlying offense, rather, his father, Dale Morton, Sr. went to the Magisterial District Judge's office in Dillsburg, York County, PA to respond to a citation for his son [Petitioner herein] and post the requisite collateral for a hearing. d. Said posting of collateral resulted in a `guilty' verdict being lodged against your instant Petitioner and is also the genesis of the current departmental action. e. The supposed `guilty plea' on which the Department's action is based was a breakdown in judicial system and was moreover, not knowing and intelligently proffered to the District Court. f. The Department of Transportations action is baseless and without merit given the unique circumstances of the case and in violation of Petitioner's Due Process Rights of the Pennsylvania and United States Constitution WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter, and in the meantime grant a Supersedeas pursuant to the Vehicle Code. Date: ?o 5-11& Respectfully submitted, Rominger & Associates Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Appellant DALE ERNEST MORTON, JR., Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by facsimile and by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, Rominger & Associates Date: ` aS (lep 4.-- Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 27, 2010 DALE ERNEST MORTON JR WID # 101409283191913 001 3123 RITNER HWY PROCESSING DATE 05/20/2010 DRIVER LICENSE # 23804806 NEWVILLE PA 17241 DATE OF BIRTH 02/17/1975 LICENSE IN BUREAU Dear MR. MORTON: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 05/19/2010 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 03/22/2008: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/27/2010 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. Q PETITIONER'S EXHIBIT J J a 101409283191913 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 27, 2010, 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. Sincerely, 9?x ?-- - Z g &") Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 3 JUN 2 g 2010 DALE ERNEST MORTON, JR., Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this /~ ~ day of t./ftnl~ , 2010, upon consideration of this Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter shall be held on the ~ ~ day of ~~0 , at '• ~~~o'clock ~ m. in Courtroom No.~ of the Cumberland County Courthouse. A Supersedeas is granted pursuant to PennsylvaniaVehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court: J. istribution: D / Office of Chief C l ~ ounse PA DEPARTMENT OF TRANSPORTATION ~ c-- Q ~ ~,, T' Third Floor, Riverfront Office Center ,~~, ~ . c- i~7; Harrisburg, Pennsylvania 17104-2516 ~ ~ _~ =; ~ ~ a ~ < ~ y Michael O. Palermo, Jr., Esquire ~"': f = ,, ~ _ . ~ ~ _' '~~' 155 South Hanover Street ' :t> ~-. ~ ' Cazlisle, Pennsylvania 17013 cr+ ~p ,~ ~' ~ ~ l S ~Yl ~ ` L f ~~3o~~d ~~ AUG 2 3 2010 3 DALE ERNEST MORTON, JR. Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4247 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of , 2010, upon consideration of the within Motion to Continue License Suspension Appeal, the Motion is GRANTED and the hearing will be held on the AA 1V(y of__0?,f?U p 2010, at 10,4'clock x G- m. in Courtroom 4.3 at the Cumberland County Uour?ouse in Carlisle, Pennsylvania. i By the Court: J. Distribution: Michael O. Palermo, Jr., Esquire hillip Bricknell, Esquire Office of Chief Counsel c // rr z, 1 ? Ir1'1oZll?Gl..? IV? :2f I ?C w ?rn un -4 DALE MORTON, JR. v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~V ~3IA CIVIL ACTION NO: IO-4247 ~~ ° ~~-,.. LICENSE SUSPENSION APPEAL ~~ ° ' ice, ~~~ -~, ~~ ..~ w~ ~. MOTION TO CONTINUE AND NOW comes Appellant, Dale Morton, Jr., by and through his attorney, Michael O. Palermo, Jr., Esquire, and in support of this MOTION TO CONTINUE, respectfully avers as follows: 1. Hearing on this matter is scheduled for October 22, 2010 at 10:0 a.m. 2. Undersigned Counsel is seeking the possibility of Hunt pro tunc relief from the York County Court of Common Pleas in regards to the underlying summary conviction. 3. Phillip Bricknell, counsel for PennDot was consulted on this continuance request and concurs. Moreover, Attorney Bricknell is also scheduled to appear in Centre County, Pennsylvania that same morning. 4. The Commonwealth will not be prejudiced by this request. 5. A previous continuance was granted by the Honorable Edward Guido on August 25, 2010. WHEREFORE, your Appellant respectfully requests this Honorable Court continue the hearing on the above captioned matter for the reasons stated above and enter an Order scheduling the hearing on the next available date. Respectfully submitted, .. Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Appellant Date: October 19, 2010 DALE MORTON, JR. v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 10-4247 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Appellant, do hereby certify that I this day served a copy of this Motion to Continue upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Phillip Bricknell Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Date: October 19, 2010 Respectfully submitted, ROMINGER & ASSOCIATES G~~ Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 (717) 241-6878 (fax) Supreme Court ID # 93334 Attorney for Appellant ~- .. DALE MORTON, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI A v. CIVIL ACTION NO: 10-4247 COMMONWEALTH OF :LICENSE SUSPENSION APPEAL _. PENNSYLVANIA, ,.. -~ m: ~ r~~;: ~- -, ~ ~ PENNSYLVANIA DEPARTMENT °~?ac ' OF TRANSPORTATION , ~;'w=-~,.,_' BUREAU OF DRIVER ~~_ • '---~ ~`?~ LICENSING, l -~ ~ ~' -~~_ ~a. -~~. `~~ .. -~-- ~: ORDER OF COURT ~ d ~~ AND NOW, this day of , 2010, upon consideration of ` Petitioner's MOTION TO CONTINUE, it is Ordered that the hearing on this matter is continued to the ~ ~ day of , 2010, at ~~' ODo'clock ~ m. in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. D' bution: hillip Bricknell, Esquire PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Michael O. Palermo, Jr., Esquire Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 ~ ~ FS' /Yt~ ~ C~rJ~ ld a ~~~Z~ ~~ 3 DALE MORTON, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF NO. 2010 - 4247 CIVIL TERM ' C= PENNSYLVANIA, PENNSYLVANIA DEPARTMENT : -. -} ? OF TRANSPORTATION, BUREAU OF DRIVER p ?.•_;. w_vr 7C LICENSING LICENSE SUSPENSION APPEAL T' , Defendant ORDER OF COURT AND NOW, this 30TH day of DECEMBER, 2010, upon Motion of Appellant, the appeal is WITHDRAWN. By the Court, Ak - Edward E. Guido, J. /Michael O. Palermo, Jr., Esquire /Phillip Bricknell, Esquire M :sld t) ` ply