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Home My WebLink About01-06005 ,"""i~ ,--'h'" ""I'" "~>'"",,,',d.. ';,'-_ ",,_,;, "~" "~"""";:o"';: KENNETH S. MUMMA, JR., Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6005 CIVIL CIVIL ACTION - LAW COM. OF PA., DEPARTMENT OF : TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER AN /,' D NOW, this day of December, 2001, in order to clarify our order of November 9, 2001, hearing on the above captioned matter is set for February 20, 2002, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, :rlm .41 Kenneth S. Mumma, Jr. Pro Se George Kabusk, Esquire For PennDOT ~ s-;i " . ~ " ~' ~,,,,,,',~ "f' '"_' ,"'. '" , '~ -._~'~' ,'.... 'eM,'., ",;<-,~ "'""",", .'- 'cO,",-,_ ,~ - -, .' J-rr.-fl~f:::-" 'n~ '~'T['"'l'ij '[, = i L:U:~, p-:.:'~~ ,','-".> !....f"./\iSi 1mr:" ';.ITli,qV , ~ , I "'1r /:1';1 j: .5!) __~IIl<il!'fltfl;t1l1l1!!ffll!nIIlJPIJ~~Jlf,~>f',1WTh!!'1'lt','\""'~~"""P'''''';'~1<'c'1'i'""f";0l;,*Jm~~iI\~l_mfflFll1l"',r"",,*1""\l'''''$~;~'''~I;j-.;;ril'~W''''j'\'-?tf,'''',,~, =-- "~~ "" ~ ~" - ,--, ,w.J;<iLr..lib,,.;. , OCT 2 2 2001~~ Kenneth S. Mmnma Jr. v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF NO. OI-~C66 CiV"\ TRANSPORTATION BUREAU OF DRIVER LICENSING, APPELLANT ORDER OF COURT AND NOW, this qt1J, day or'1Ul).M'Ilh ,2001, based upon Appellant's Appeal, a hearing shall be held on()df! day of ~ ' 20~in Courtroom l' at 3; tJ1J o'clock f?-.m. at the Cumberland County Courthouse. J. ~ ;.~" \?; H""'~~" .'" ""'" . ~ - "~''''''''',, ",,","~' ',"'"'-- ",,",'",,'W"-,",' ~~'~' .,'," ' .Ill.! JlnJ ~Wfli Cy:' ',,'", -'I: t"' ,,~! " I/Ot/ I ',-, -", '0 n, ,. GU'''' It,;,:--__<:...:" /;/::./1; t:'/V,\'l,\ '. /' 'l~)Z' J, .J I' \.'''v' '~ ~ 1/' "/"/" .. 1'/'. n, ~" '\',4! I, ., ,~i,'/ !", O. '" , " ,. , IT_, ,_~ m1! _",,.,,4~~~IW!l1!1/l~"""'i~,~I~,,*flR!'l!!Art""'!('~""'"''''';-:T''' "" <, , , o ~11JJTN frl Kenneth S. Mmnma Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF No.(jl-,~ Chril TRANSPORTATION BUREAU OF DRIVER LICENSING, APPELLANT V NOTICE OF APPEAL 1. I, Kenneth S. Mumma Jr. is an adult individual whom currently resides at 15 Penny Lane, Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Bureau of Driver Licensing, Harrisburg, Dauphin County, Pennsylvania, 17123 is a state agency. 3 . Your Appellant was arrested for allegedly being under the influence of alcohol on 11/24/2000, at 8:35 in the area of Lower Swatara. 4. Your Appellant was notified on or about 10/10/2001, that his license was being suspended for a period of 90 days, or three months which would go into effect 11/14/2001 at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 5. I understand what I have done was wrong and aganist the law, and also requires that my license be suspended. I also beleive that the suspension of my license would make it very difficult and maybe impossible for me to get myself to my full time job, for wlitCiJ. I need to earn money to pay rent, pay bills, and get myself to school so that I may make a better future for myself. I also have to get myself to my probation officer and complete 50 hows or community service. I am " , . ~,' J_ ~.,"-*WJ"M)': OCT 2 2 200~~ """""..~-' "~~-;n",:! please asking for your assistance so that you may drop my license suspension. - u~" .--. ~ - "'ll'-i"';"~~"Th:;L WHEREFORE, your Appellant respectfully requests your Honorable Court to grant him a hearing and deny the Commonwealth's request that his license be suspended and your Honorable Court to stay any and all suspensions. Respectfully Submitted: . ""'~, '^_.. , , ~: . ." ,..~~-&~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy ofthe foregoing Appeal upon the person and in the manner indicated below, which service satisfies the requirements ofthe Pennsylvania Rules of Civil Procedure, by depositing a copy ofthe same in the United States Pennsylvania, through first calss certified mail, prepaid and addressed as follows: Pennsylvania Department of Transportation Office of the Chief Counsel 3rd Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ~~~ . Date: 10/1'1/"1 , , W,; ~~ " ,I 'l~i-1I' . . . VERIFICATION I, )4~"~+~ 'i: . 1M.......... :Ji:, state that I am the Appellant in the above-captioned case and that the facts set forth in the above Notice of Appeal are true and correct to the best of my knowledge, information and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. 4904. ~fr~ Date: /O//Vc/ I I . -""../,,:C"'__1 d"",,,,;;,,Jt~~~''''''"'''".' '~,I&,~w~~illllliiUJ~- _10 "II. .v: .7'0 ~~ () 0 0 C -'71 ~ "" P) '1J CD Cl n - ~q! -I ;Ii - 8 ze -'--'-'j-, -i C0~'> \.0 ~~. -<~::~ -",-" cl) r:"r-' . ~::l~) ~,-" ,,~ ," " W .J> ~ '3: (:~5;~1 ~ zc" >0 cD {;rlJ c ,._J z ,.j =< t='" >- ::sl. ',0 :0 -< ~ q- ~ !UJL~:!lJllIl,ff1 J II _U ImlllW It L,,"~ "."~L",.L. > _ ~ ~ _,,'~, ~",' ""''''.~__\'_~,~""7'"'~,,,,,~ "'~ ., _n.. "" - ~ "'iioI1oioIlO~' ........." > '""""', ~'~ "~-l-J~\wL,"~ DL-326 (9/95) , , CERTIFICATION DATE: January 16, 2002 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania DepartmJ,mt of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ~~~ BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 10/10/01, effective 11/14/01; 2) Report of the Clerk of Courts Showing the Conviction/Adjudication of Delinquency or Preadjudication Disposition as a Result of a Violation of Chapter 63 of Title 18, of DAUPHIN County, convicted 09/18/01, seal attached to original, and 3) Driving Record, which appears in the file of the defendant KENNETH S. MUMMA JR., operator's no. 26190834, date of birth 10/03/82, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED to as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, PL 586, as amended, 42 Pa.C.S.~~6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. n ' <&~ec..~. ~~ SEAL REBECC~~. ~I~EY. DIRECTOR BUREAU OF DRIVER LICENSING Commonwealth's EXHIBIT 1 - -'. .~"._~,,,,,--,,,,---d;,,,,,,~~: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 10, 2001 KENNETH S MUMMA JR 15 PENNY LANE ENOLA PA 17025 WID' 0J.2?bbJ.J.?4a~a~2 001 PROCESSING DATE 1D/03/2001 DRIVER LICENSE' 2bJ.~Oa34 DATE Of BIRTH J.0/D3/1~a2 Dear MR. MUMMA, As a result of your violation on 11/24/2000 of violating Section A6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 15320 of the vehicle code. The e~~ective date o~ sus~ension ie 11/14/2001. 12:01 a.m. Before PennDDT can restore your driving privilege, YOU must 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 clllre~ullY. Even i~ you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the reqUirements are satisfied. COMPL YING 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 11/14/2001. You may surrender these items before, 11/14/2001, for earlier credi t I 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 9.00. You must present two (2) forms of proper iden- 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 licenee(e). 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- ~\ - - - c 012766117489892 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. Remember: You may not retain your driver's license for identification purposes. Please send these items to: PennsYlvania Department of Transportation 8ureau of Driver licensing P.O. Box 68693 Harrisburg. PA 17106-8693 2. Upon receipt. review and acceptance of your Pennsylvania driver's licensees). learner's permitCs), 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 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. PAVING THE RESTORATION FEE Vou 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 far 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. 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 Dwn 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 YDur address change by calling any of the phone numbers listed,at the end Df this letter. ." '" '.... ',,~~i!';" - " " T";:"_""'~'- 012766117489892 ~PPEAl You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 dalls of the lIIail date, OCTOBER 10, 2001, of this letter. I~ you ~1le an ap- peal in the county Court. the Court will give YOU a t1me- ste.mpedcert11'1ed copy 01' the appeal. In order for lIour appeal to be valid, YOU must send this time-stamped certi- fied copy of the appeal by certified mail tOI 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 11/14/2001. SincerelY, ~~.~ Rebecca l. Bicklell, Director Bureau of Driver licensing IN STAT' , OUT-OF-STATE ; ~EB SITE ADDRESS INFORMATION 7100 a.m. to 9100 P.III. 1-800-932-4600 TOO IN STATE 717-391-6190 TOO OUT-OF-STATE www.dot.state.pa.us 1-800-228-0676 717-391-6191 -~,~- -- - ' ~ ~ ~~, '" ^.,.&>.",bi,-d,>' !r '. Ci 1 .:.:-~'. .<;}- "-.' ~ (9 REPORT OF THE ct.ERK OF COURTS"OWING 'ftIE CONVlCTIONIADJUDlCAnON OF DEUI!IouENCY OR PREADJUoIcATlON DISPOSITION AS ~:RESULT OF A VIOLATION OF CHAPTER 63 OF nTLE 18 0 AMENDED REPORT ~ DEFENDANT 1Nf000ATIOIt (7VPI! OR PRJNT CLEARL l') SEX DATE of BlATH lo\OffTM DAY VUR /0 3 8~ !fI DAlVER NUI\lBER STATE L_PLATIl_ STATE ,~Io [10 "l3 PA (tJ ~, VIOLATIO,.INFORIIIATION DATE OF vtOt..ATtQH DA. OF DI8iO"'. PAtlI OF ACQUlTfAUMOLLE PFlIOSEOUJ MONTH DAV YEAR Y V MONTt1 DAV VEAFI q Dl8POIl11ON: (NOTE - "._ty appesl, include DIStrict Justice Docket # (Clleck onel: o CONVICTION ~ PREAOJUDICA TION DISPOSITION (Including Consent Decrees) ,,--) munOH COMumED: (Plesse use a separate form for each charge) (Che<:k one): a 18 PA C.S. g6307 JilS 18 PA C.S. g6308 a 18 PA C.S. g6310.3 a ADJUDICATION OF DELINQUENCY THE UNDCRSIllNl:D CERTIFIES THAT tHE FOREGOING IS A .,e".1t'/lEII RIiCORO. COURT INFORMATION T !~J~ - SEP 1 8 2001 SEAL ....._,'_,~ .____ .____~_.__d'_'____.. ..- -clerk of C;ul1$, Juvenile Court Judge, Olslnel: Jusllce I;)afe Cedltled SEND THIS FORM TO: Bureau 01 Driver Licensing. P.O. Box 80037, HarrlaIlUrg. I'ennSyIv1l1illl17108-0037 ADDITIONAL 5UPPUiS OF THlS FDIW ltAy.. SlCWUD Sf COMI'tETlNG FORM 05-6114. ,,\, ~ > PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY DEC 26 2001 DRIVER: KENNETH S MUMMA JR 15 PENNY LANE ENOLA, PA 17025 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 26190834 OCT 03 1982 MALE : REG LICENSE DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS : C LICENSE ISSUE DATE: DEC 06 2000 LICENS~ EXPIRES : OCT 31 2002 ORIG ISSUE DATE : NOV 20 1998 MED RESTRICTIONS : NONE LEARNER PERMITS : LICENSE STATUS : SUSPENDED CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CI'>L RESTRICTIONS : NONE CI'>L LEARNER PERMITS: CI'>L LICENSE STATUS SUSPENI'>EI'> SB ENDORSEMENT . . PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG 18S: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) ------~-------------------------- OLL LiCENSE CLASS : OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** ~~ . ~, " "~. - ,"'" ]: PAGE 2 CERTIFIED DRIVING HISTORY - DEC 26 2001 - LICENSE NUMBER 26190834 CONTINUED ------------------------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS ------------------------------------------------------------------------------- VIOLATION DATE: VIOLATION: DESCRIPTION: ACTION: NOV 24 2000 CRIMES CODE: A6308 UNDERAGE ALCOHOL OFFENSE SUSPENSION FOR 90 DAY(S) EFFECTIVE NOV 14 2001 OFFICIAL NOTICE MAILED OCT 10 2001 LICENSE RECEIVED NOV 14 2001 ------------------------------------------------------------------------------- REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS ------------------------------------------------------------------------------- NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS ----------------------~-------------------------------------------------------- NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** ., ~ "," '" fnr~N'1 PAGE 3 CERTIFIED DRIVING HISTORY - DEC 26 2001 - LICENSE NUMBER 26190834 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, SEAL ~~,~ DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSyLVANIA SS: DATE:DEC 26 2001 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTAT:rON IS THE Ll!lGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE Dl!lPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORES~ID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, ~ SECRETARY OF TRANSPORTATION SEAL ",.' ^--1--'~..a,"~~2 KENNETH S. MUMMA, JR., Appellant IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 01-6005 CIVIL TERM IN RE: APPEAL DENIED ORDER OF COURT AND NOW, this 20th day of February, 2002, this matter having been called for hearing, the within appeal is denied and the within driver's license suspension reinstated. By the Court, ~. Kenneth S. Mumma, Jr. 15 Penny Lane Enola, PA 17025 ~J Hess, J. vSeorge H. Kabusk, Esquire Office of Chief Counsel 1101 South Front Street - 3rd Floor Harrisburg, PA 17104-2516 For PennDOT ? tDpie" -ftl.'LeJ O~-~;(.oi \.. ~ :bg m ~3 '",'""-,,,,--~ '-.,,",~. ,,""".' """V'~"" ' v~ -m ~~'N""'''''''''"''' '."~,, ,;,~ ",;)f,,' ,.. "~". mr". ,..'c...~...~.........(' j".............iflmri !'xmrliiflllirn''''T "1......1 "O:ill \ .. 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