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Home My WebLink About12-0114 GARY MORTON, Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA pLc a- I Lul k c-3 N =7 o. a -v r-nm LICENSE SUSPENSION APPEAL rn 3:10 rn i= - : 0 rri -? _' - ° Z C? i ee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Gary Morton, by and through his attorney, Eric R. David, Esquire, and avers the following: 1. Appellant whose mailing address is P.O. Box 62400, Harrisburg, PA 17106. 2. Appellant received Notice dated December 20, 2011, stating that as authorized by Section 3804E21 of the Pennsylvania Vehicle Code, as a result of his September 16, 2011, conviction, of violating Section 3802B of the Vehicle Code, his driving privilege is suspended for a period of 1 year effective January 24, 2012, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Defendant has appealed his conviction with a direct appeal to the Superior Court of Pennsylvania. 4. Defendant's conviction has not yet been finalized, and he has not yet had his Federal Constitutional Right to effective Appellate review. 5. Removing petitioner's license during the pending of the appeal denies him his right to C,o a 1133, 7 S appellate review of the conviction which triggers the collateral consequence, as the license suspension will occur and then end before appellate review of the offending Order is completed. 6. This denies petitioner Procedural and Substantive Due Process under the Federal and State Constitutions. 7. This denies Equal Protection to petitioner. 8. Fundamental Fairness requires the license suspension be stayed, to protect petitioner from harm, as if his appeal is successful on the criminal charges, he will be collaterally damaged, without recourse. WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. I t l l!} Date: Respectfully submitted, Rominger & Associates . Eric R. David, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 205748 Attorney for Appellant GARY MORTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee CERTIFICATE OF SERVICE I, Eric R. David, 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 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: Eric R. David, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 205748 Attorney for Appellant Jan 0512 05:16p p.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 20, 2011 GARY LLOYD MORTON WID # 113476739498046 001 116 4TH ST PROCESSING DATE 12/13/2011 DRIVER LICENSE ik 15782125 NEW CUMBERLND PA 17070 DATE OF BIRTH 11/10/1950 Dear MR. MORTON: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 09/16/2011 conviction of violating Section 3802B of the Vehicle Code DUI BAC .10-<.16 on 11/07/2010: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/24/2012 at 12:01 a.m. Before PennDOT can restore your driving privilege, you :oust follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must acknowledge this suspension of your driving privi- lege. You will not receive credit toward serving any sus- pension until we receive your acknowledgment form. You may surrender the acknowledgment form before this date, 01/24/2012, for earlier credit. Complete the following steps to acknowledge this suspension: I. Complete the enclosed DL-16LC acknowledgment form. 2. Be sure to sign the form. 3. Return the form to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4. Upon receipt, review and acceptance of this acknowledg- ment, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks of mailing your documents, please Jan 051 L 05:16p 113476739498046 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. p.3 PRISON RELEASE REQUIREMENT The Court of CUMBERLAND CTY, Court Number 172, Court Term 2011 has sentenced you to serve a prison term for this vi- olation. Pursuant to Section 1541(a.1) of the Vehicle Code, you will not. receive credit for this sus-pension/revocati-on or any additional suspension/revocation until you complete your prison term and you have complied with the requirements listed in this letter. The Court must certify your com- pletion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. 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". IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approx- imately 30 days before your eligibility date. Jan 0512 05:16p 113476739498046 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. p.4 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 tTe end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 20, 2011, 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 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return the enclosed DL-16LC acknowledgment form to PennDOT by 01/24/2012. Sincerely, .. - -4??? -zg&"1 - - - 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 3 GARY MORTON, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee No. a 012- - IN Ci ei I : LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of AILA , 2012, 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 AYo 6at 7' Q o'clock ^ m. in Courtroom No. 3 of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court: Distribution: Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 ? Eric R. David, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, Pennsylvania 17013 &,P-.es ma.' Ieet I l 1 f-1/a J c-? r_ ? -+ rn ED - z rn Z" - F- z n c T CC) ° 7 --? c,n y ?? G GARY L. MORTON, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 12-114 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 16th day of April, 2012, 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 /,f day of 2012, at ::w-m., in Courtroom Room No. of the Cumberland County Courthouse Carlisle Penns lvani , , y a. BY THE CO -<-.r cr J. Attest: Eric R. David, Esq., 155 South Hanover Street, Carlisle, PA 17013 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 I. GARY MORTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl No. 2012-114 CIVIL LICENSE SUSPENSION APPEAL ~~ • z ~~ . ~ ~, ~c .... . .~, x.~ PRAECIFE TO ENTER APPEARANCE TO THE PROTHONOTARY: _.. a c c~ cn -~ w ua Please enter my appearance on behalf of the Appellant, Gary Morton in the above captioned case. Date: August 15, 2012 Respectfully submitted, ROMII~TGER & ASSOCIATES ~~~~ Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Appellant -, r= ~ ~,-~ . . `~; ~t ~~ ~~ GARY MORTON, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl No. 2012-114 CIVIL LICENSE SUSPENSION APPEAL CERTIFICATE QF SERVICE I, Vincent M. Monfredo, Esquire, attorney for Defendant, do hereby certify that I this served a copy of the Pruecipe upon the following by first class mail, postage prepaid, at Pennsylvania addressed as follows: Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 Respectfiilly submitted, Rominger & Associates r Date: August 15, 2012 Gj Vincent M. Monfredo, Esquire Supreme Court ID # 206671 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Attorney for Appellant GARY L. MORTON, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COt1NTY . w c" N COMMONWEALTH OF PENNSYLVANIA, NO. 12-114 CIVIL TI ~ DEPARTMENT OF TRANSPORTATION, ~~° ~ BUREAU OF DRIVER LICENSING, ."',~~~ rn Respondent ~~.~ r C i :~ C7 ~ ORDER ~.~ AND NOW, this 15~' day of August, 2012, the appeal filed in tMe 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 thi appeal shall be REINSTATED. ~_ CONTINUED and RESCHEDULED for the ~~ day of ~~~-~ yrw~er-- , 2012, at = ~ ~ Q .m., in Courtroom Room No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Attest: J. ~ Eric R. David, Esq., 155 South Hanover Street, Carlisle, PA 17013 ~ Philip M. Briclcnell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3`~ Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 `,~i ~, ~~ ~: s --~ _~. t"] "'~ ~~~ C"+ ~'. ~' ~~ . ~joies ~~~led ~~1~~ a ~G GARY L. MORTON, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 12-0114 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, DRIVER LICENSE Respondent . SUSPENSION APPEAL ORDER AND NOW, this 14th day of August, 2013, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 13th day of November, 2013, at 9:30 a.m., in Courtroom 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Attest: tt ✓ Vincent M. Monfredo, Esq., Rominger &Associates, 155 South Hanover Street, Carlisle, PA 17013 <PIlip M. Bricknell Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 leg /7Z,24*LL � cnr- j c C) , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA GARY L. MORTON : • NO. 12-0114 CIwL , v. • w COMMONWEALTH OF PENNSYLVANIA, : _ 7 DEPARTMENT OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING • -0 � Y Y Z C) - (` C" ORDER K AND NOW, this I 3 day of N oVtuub.ri�. , 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. CO TINUED AND RESCHEDULED for the 1, day of , 201k at Q:gD .m., in Courtroom No. of the Cumberland County Courthouse. it-izA ckppeca e.a.va`in`l lo'¢ Roams A , etActm J. ATTEST: Kelly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Lee Mandarino, Esq., 155 South Hanover Street, Carlisle, PA 17013 co i.S resc46,1Lay q , 6y J.- .y s_ ///!3//3 GARY L. MORTON, IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 12-0114 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent SUSPENSION APPEAL ORDER AND NOW, this 17TH 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 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 , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthouse, -- , tea Carlisle, Pennsylvania. - } ' N BY THE COURT: 1 gLIJ / '0 / J. Attest: Lee Mandarino, Esq., 155 South Hanover Street, Carlisle, PA 17013 ./ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eopi'es PCad£14_ a/.2.1py