HomeMy WebLinkAbout04-2297Matthew B. Hamm
Appellant
VS.
Commonwealth of PA,
Department of Transportation
Bureau of Driver Licensing,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No.: Civil Term
APPEAL FROM DRIVER'S LICENSE SUSPENSION
Appellant herein is Matthew B, Hamm, residing at and having a mailing address off 300
Deanhurst Avenue, Camp Hill, PA 17011
Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania (PermDOT), having a mailing address off Pennsylvania Department of
Transportation, Office of Chief Counsel, Third Floor, Riverfi:ont Office Center,
Harrisburg, Pennsylvania 17104-2516.
On March 20, 2004 Appellant was in his dormitory room at Bloomsburg University with
the door open. A student leaving a party in a nearby room reached in Appellant's open
door and disposed of a partially full bottle of beer on Appellants dresser next to the door.
The Dormitory Resident Advisor came to investigate the noise and saw the beer bottle in
Appellant's room through the open door. The Dormitory Resident Advisor immediately
called the University Police.
The Appellant was seated across the room at his desk, was not consuming beer and was
not accused of or questioned about consumption by the officer.
The University Police Officer stated that the beer bottle in the Appellant's room
constituted possession and the officer charged the Appellant with 18 PA.C.S. [2 6308
and reported Appellant to the District Magistrate and PennDOT.
The officer told the Appellant "this is not a big deal" and convinced Appellant to plead
guilty and pay the fine.
8. Appellant appeals this conviction and suspension of driving privileges pursuant to 75 PA.
C.S. 12 1550 (b) and that PennDOT's suspension of Appellant's driving privileges be
lit~ed pending a hearing.
Date:
Resp~/~ Submitted,
Matthew B. Harem
300 Deanhurst Ave.
Camp Hill, PA 17011
(717) 975-3954
Matthew B. Harem
Appellam
VS.
Commonwealth of PA,
Department of Transportation
Bureau of Driver Licensing,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No.: <5> ~.- ~J¥~'l Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on this date, I mailed a true copy of this Driver's License Suspension
Appeal to the following person at the following address by U.S. Mail, Certified mail, postage
prepaid, return receipt requested, delivered to addressee only:
Pennsylvania Departmem of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, PA 17104-2516
Date:
Matthew B. Hamm
300 Deanhurst Ave.
Camp Hill, PA 17011
(717) 975-3954
Matthew B. Harem
Appellant
VS.
Commonwealth o f PA,
Department of Transportation
Bureau of Driver Licensing,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No.: ~o St_ 2~-ql Civil Term
t~k O_~DER
A pell~t--?sDanN2alW' t,his- ~, --day°f~ ,2003 u-n"
/~50o o 21o'5--'~ nearing snail be held on-the ~ da-, of ~x _consmer~ation of
~- .._:_ ~ c~c ~__M in Courtroom Number -? ,,~ _~, 2003, at
~arl~s~e, l~ennsylvfinla. - ~ __, ~um~rland~2ounty Courthouse,
AND NOW, Appellee is hereby ordered to reinstate App,ellent's driving privilege
supersedeas pursuant to 75 PA. C.S. 121550 (b) pending said hearing.
BY THECOURT:
MATTHEW B. HAMM
Appellant
IN THE COURT OF coMMoN PLEAS OF
· CUMBERLAND, COUNTY, PENNSYLVANIA
: NO. 04-2297 CIVIL TERM
COMMONWEALTH OF PA
DEPARTMENT OF TRANSPOI~TATION
BUREAU OF DRIVER LICENSING,
Appellee
I_N RE: HEARING CONTINUED
ORDER OF COURT
AND NOW, July 12, 2004, the hearing scheduled in the above matter
for August 2, 2004, is continued to Wednesday, S,aptember 29, 2004, at
11:00 a,m.
George Kabusk, Esquire
Pa. Dept. of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
Matthew B. Hamm
300 Deanhurst Avenue
Camp Hill, PA 17011
Bythe Court,
P,J.
MATTHEW B HAMM,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
DEPT. OF TRANSPORTATION, BUREAU:
OF DRIVER LICENSING, :
Appellee :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
04-2297 CIVIL TERM
APPEAL FROM LICENSE SUSPENSION
IN RE: APPEAL FROM LICENSE SUSPENSION
ORDER OF COURT
AND NOW, September 29, 2004, after hearing and
consideration of Commonwealth Exhibit 1, the defendant's driving
record, the defendant's appeal is dismissed.
By the Court,
~M~atthew B. Hamm, Appellant
300 Deanhurst Avenue
Camp Hill, Pa. 17011 >
~eorge Kabusk, Esquire
For the Appellee
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