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HomeMy WebLinkAbout05-3629 JACK R. DESANTO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0'5'- at.aq COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, this 11 day o~omes Jack R. DeSanto by his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. Your Petitioner, Jack R. DeSanto is an adult individual residing at 2185 Chestnut Street, PO Box 2947, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Your Petitioner is a license automobile operator in the Commonwealth of Pennsylvania. 3. Your Petitioner has received an Official Notice of License Suspension as a result of an alleged violation and conviction of 93736 of the Vehicle Code (reckless driving). 4. Your Petitioner is not guilty of the offense of reckless driving has filed an Appeal which is pending before the Court of Common Pleas of Cumberland County from said conviction which gives rise to the Official Notice of Suspension attached hereto as Exhibit A. 5. Your Petitioner believes that said suspension is illegal, unjust and improper for reasons which include but are not limited to the following: a. Your Petitioner is not guilty of the underlying offense; b. Your Petitioner has an Appeal pending before the Court of Common Pleas of Cumberland County. WHEREFORE, your Petitioner prays your Honorable Court to schedule a hearing to determine whether the suspension outlined in Exhibit A is proper. Respectfully submitted, John B. ancke, Esq., 10 No. 07212 Mancke, agner & Spreha 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner Dated: July 13, 2005 LAW OFF1CES MANCKE. WAGNER & SPREHA 2<.33 NORTH F"Fl:ON7" STREET .JOHN 8. MANCKE P RICHARD WAGNER EDWARD F_ SPREHA. JR. HARRISBURG. PA 17110 PHONE (717) 2,34-7051 FAX (717) 234-7080 VERI FICA TION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. --:rul'{ [[-oS ~ {(~- Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 04, 2005 JACK R DESANTO 2185 CHESTNUT STREET POBOX 2947 CAMP HILL PA 17011 WID * 051789283059117 001 PROCESSING DATE 06/27/2005 DRIVER LICENSE * 07659071 DATE OF BIRTH 10/26/1924 Dear MR. DESANTO: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 06/20/2005 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 03/30/2005: . Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 08/08/2005 at 12:01 a.m. Before PennDOT 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 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 return all current PennsYlvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/08/2005. You may surrender these items before. 08/08/2005, for earlier credit; 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 $10~00. 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 license(s). Complete the following steps to acknowledge this suspension. ~ EXHIBIT ~JL ~ '" ~ "1.'"''''''''I'-,,\;,~~i''''t' l:~> '" , 1~',,' . 051789283059117 I. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennOOT. If you do not have any of these items, send a sworn nota- 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 Bureau 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 permit(s), 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. 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: I. 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. ,$..~lt""""~""""""'~~""<-#_~~ -1'\'''''' ~ . ,,"'-~~"1""-~~ 051789283059117 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date. JULY 04. 2005. 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. You must return all current Pennsylvania driver license products to PennDOT by 08/08/2005. SincerelY, ~~,~ Rebecca L. Bickley, Director Bureau of Driver licensing SEND FEE/LICENSE/Dl-16lC/TO: Depart~ent of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6l91 ;:; 0 z 0 -I CJl m :z '- n :~~ CI )> I~-< CI ~ Im----t CI 10_ "'= I @'" CI .> CI :i5 3: !zO 'me: !-<z :~-i CI 0 ~"Cruc.. "' -J l> b'l> ~ a- 300::1(.' lJ'I "tJ lJ'I7< JJ CD CI :I:Of"lA] a- -J HX:I: CI b' r ,.,.,. -J b' rruV1'" a- CI ..D~V1 lJ'I ru -=Zl> ..D a- -JC::Z CI ru ~~ -J -= 0 b' I V1 b' J "tJ ~ CI i l> A] 0 ..~ ,., CI ~ b' M I'1J -J ~ lJ'I 1 CI CI " b' CI ; b' ru 4 lJ'I i CI ~ CI 1 j J I , :;~ , ~~ - ~ ....c... b -0 JS ~ -c:><\. ..~~ , v\ <f\ ~ ~ ~ () c;: r-' = C-7l" <.T' c.- C~: C'~ o -" c:) ,. ~.~ I'. 1RECEIVEO JUL 19 2Oll5 ;..\ JACK R. DESANTO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. am;-- 3i1:;l1 d,v,/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER OF COURT -d AND NOW, this ~(, day of -ff-' 2005, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the ,}.O -t;1 day of &t-lap1 , ,2005 at :3:~ o'clock, Courtroom i, Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be given by Petitioner's attorney to Office of Chief Counsel, Department of Transportation, by certified mail not later than 60 days prior to the date of the scheduled hearing. By the Court Distribution: -4. John B. Mancke, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Pennsylvania Department of Transportation, Office of Chief Counsel, ~ 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516 ~ 7.),7.0 " ,A}J\,:(i'''- '"'1'1 '.i 'v Lf '8 t.)!! ~'\' ~' / ? in/' rw'i7 ......(, H j ;,[I,.iU", 1I'~)\"'!i(""\,I;-,:~,;;"._",.; ! :JUI -'0 \.JY,,'.VIJv1 '...\../,-,tJ --I'lJ.-J 3::;!1.1:J'(i::JlI.-J "',l<,."' c -. .. ., ::" " . . ". ;;i';:"i"'f,j,,.~ l,,'q, '''\~':~', JACK R. DESANTO Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3629 : LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the above-captioned Ii nse suspension appeal. Dated: October 18, 2005 Re John B. ancke, Esq., ID No. 07212 Mancke, agner & Spreha 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Petitioner ~~ () -11 \~,' c-:. ~-:-:' '.....':: 1".,) c:) ROBERT G. DESPEAUX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-3639 CIVIL TERM KIM A. DESPEAUX, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 18,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsifications to authorities. aj~. Robert G. Despeaux / Date: /2- /)'-OJ' --J ;, ("" ROBERT G. DESPEAUX, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. No. 05-3639 CIVIL TERM KIM A. DESPEAUX, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, di vision of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalt,es of 18 Pa.C.S Section 4904 relating to unsworn falsification to authorities. Date: I;!. /5-{J )" &il j ~.-f Robert G. Despeaux --n ~., ~~, ')