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
~.,
~~, ')