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Home My WebLink About05-6660 BENJAMIN J. DESTEFAN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -~I.z.f-O Ct'uLL ~~ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW comes the Appellant, Benj amin J. Destefan, by and through his attorney, Marlin L. Markley, Esquire, and respectfully avers the following: 1. Appellant resides at 12063 Broad Street, Rouzerville, Franklin County, Pennsylvania 17250. 2. The underlying violation that is alleged for this Suspension occurred in Cumberland County. 3. Appellant received a notice dated December 7, 2005, that as a result of his alleged violation of Pennsylvania Crimes Code Section 6308, offenses related to alcohol, his dri ving privilege was being suspended for a period of one year , effective date of suspension January 11, 2006, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 4. Appellant filed a Summary Criminal Conviction Appeal before your Honorable Court on December 2, 2005 regarding his conviction on November 10, 2005. 5. Appellant submits that there has not been a final disposition of his appeal and that she would be unduly prejudiced if the suspension were to be imposed at this time. 6. There was insufficient evidence to convict the Appellant. 7. Appellant denies he committed the offense. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to reverse the Department's Order to suspend his Pennsylvania operating privileges. Respectfully submitted, ,.:::----------_.~~_._. /7 ----.- ... , --- ~rlin Lj/Markley, Esquire 2108 Market Street, Aztec Building Camp H~ll, Pennsylvania 17011-4706 10# 84745 Tel. (717) 763-1800 Date: December 20, 2005 \" ~ I ~))' ~1 12/12'2005 14,55 FAX ~004i Q~H. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date, DECEMBER 07. 2005 BENJAMIN JOSEPH DESTEFAN 12063 BROAD STREET PO BOX 34'1 ROUZEftVILLE PA 17250 WIn. OS334612!214471 001 PROCESSING DATE 11/30/2005 DRIVER LICENSE. 27663572 DATE OF BIRTH 11/21/19!b Dear MR. DESTEFAN: As a result of your violation on 11/10/2005 of violating Section 6308 (offenses related to alcohol>. l/our driVing privilege is being SUSPENDED for a period of 1 'EAR(S) as mandated Oll section 1532D of the vehicle code. The e~~ective date o~ sU8~ension is 01/11/2006, 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 ~ollow ALL instructions very care'fully. Even if YOU have sel"'ved all the time on the suspension/revocation, we cannot restore YOUI"' driving priVilege until all the requ1~ements a~e satisfied. COMPLYlNG WITH THIS SUSPENSI~ 'au must return all current PennSYlvania driver's licenses, learner's permits, temporary driver's licenses (ca~era cards) in your possession on or before 01/11/2006. You may surrenoer these items before. 01/11/2006. for earlier credit; however, yoU mav net drive after these items are sur'rendered.... YOU MAY NOT ~ETAtN 'OUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However. YOU ...y 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 identification (e.g., birth certificate. valid U.S, passport. lIarriage certificate. etc.' in order to obtain your phDto identification card. You will not receive credit toward serVing any suspenSion unt1l we receive your 11censels). Complete the fallowing steps to acknowledge this sus~ension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or callera cards tD PennDOT. If yoU do not "ave any of these itells, send a sworn 12/12/2005 1.4;:')4 FAX 053346128214471 notarized letter stating you are aware of the suspension of your driving privilege.. Vou must specifY in your letter why you are unable to return Y~ur driver's license. Remember-: You may not retain your driver's license for identification purposes. Please send these items to, Pennsylvania Department of TranspDrtation Bureau of Driver Licensing P.O. Bo)( 6869:\. ._Ji.u r i ;LQJ,l..t.3 , J'_A 17 1 06 - 66 'U 2. U~on recelct, review and acceptance of your PennsYlvania driver's license(s), lear'ner's per..itCs), and/or a sworn notarized letter, PennDOT will send you a receipt con'irmi"!;! the aate that credit began. If liOU do not receive a receipt from us within 3 weeksJ please contact our office. Otherwise. 'you will not be given credit toward .erving this suspension. aennDOT phone numbers are listed at the end D' this letter. 3. It you do not r@turn all cUr~.nt driver license prDducts, we must refer this matter tD the PennsYlvania State PDlice for prosecutiDn IJnder SECTION 1571(a) (4) of the Penn~ylvania Vehicle Code. PAVING THE RESTORATION FEE VDU IIUst pay a restDration fee to PennDOT to be restDred frDm a suspension/revocation Df Your driving privilege. TD pay YDur restoratiDn fee, complete the 'ollowing steps: 1. Return the enclo.ed Application for RestDration. The a.aunt due is listed on the applicatiDn. 2. Write you~ driver's license nu~ber (listed on the first . Plige.l_an ..the check W" 1lU>nall/ order tt).... ensur.", Pr<.per cred1.t. 3. FDllow the payment and mailing instructions en the back at the application. PROVIDING PROO~ OF INSURANCE Within the last 30 days 0' YDur suspensiDn/revocation, we will send 1I0U a letter asking that !IOU prQvide prDof' of in.ure,,,:,, at thet time. This letter will list accePtable dDcument. end what will be n..ded if yoU do net own a vehicle registered in PennsYlvania. XMPORTANT, Please ..ake sure that PennDDT is notified " YDU ~ove from your current address. Vou may noti.y PennDOT of your address change by calling any of the phone number. listed at the end Df this letter. I4JCOI/'W4 1?,'12/2005 14:.5,~ f_\1: f4jor2'oo4 053346128214,,71 APPEAL You have the right to aooeal this action to the Cour't of Common Pleas (Civil Divisionl within 30 dalls of the mail elate. DECEMBER 07.2005. of this letter. 11' YOU 1'11e an appeal in tile County Cou,.t, the court will give YOU a time-stamoed ce,.t11'1ed COpy 01' the appeal. In order f'or lIour aopeal to be valid, lIOU IIu,st send this time-stamped certified coP~ of the appeal b~ certlf1ed meil to: P~nnslllvania Department of Tra~sportat1oM Office of,t:hief,j;oI,WU,l",u_ Third Floor, Riverfront Office Center HarriSburg, PA 17104-2516 Remember. this is an OFFICIAL NOTIC! OF SUSPENSION. You must return all current Pennsylvania driver l1cense products to PennDOT bll 01/11/2006. Sincerelll. ~ i;),.e~ Janet L. Dolan, Acting Director Bureau af Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7:00 a.m. to 9:00 D.m. 1-800-932-4600 TOO IN STATE 717-391-6190 TOO OUT-OF-STATE www.dmv.stat..~pa~us 1-800-228-0676 717-391-6191 II BENJAMIN J. DESTEFAN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension ATTORNEY VERIFICATION I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Benjamin Jo Destefan, hereby verifies and states that: 10 I am the attorney for Appellant, Benjamin J. Destefan; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 50 I am aware that false statements herein are made subject to the penalties of 18 Pa. CoSo 4904, relating to unsworn falsification to authorities. ReSpeCtf~l~Y-_/i tted, Date: December 20, 2005 , ~,....'.., -----~-' Marlip-ooLo ~arlQey:-- Esquire _ 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 84745 Tel. (717) 763-1800 BENJAMIN J. DESTEFAN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, ......; / /Marlin y:-~~~~<: 2108 ~ar~t Street, Aztec Building Camp HilQ, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: December 20, 2005 A.J ~ ....... ;J -- N '-J ~ o if? 0( C> F! }: --Z:- (::} ^ it ~ -.() (5 r.' ,-) ~:.~; (~ r:~1 -q C-') ........ P"I -, ; "'~~J {~ ,::,/ __ L n (;:.:) I, / \ DEe 2 1 2005 /!;\ (. BENJAMIN J. DESTEFAN, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -l-I.I..O Cw~llV2....nj v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension ORDER OF COURT AND NOW this J.8()v day of 1kvu ! ftt'\. 2005, upon consideration of the within APPEAL OF OPERATORS LICENSE at \"~D a..A!\. /p.m. in Courtroom No. a hearing shall be held of ;)~Luu~ :) of the Cumberland 2006 SUSPENSION, it is hereby ordered that ,9 # day regarding this matter on the County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b) (1) until such time that this honorable court resolves this appeal. J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 /)/ .Jg-OC; ~ "~ y-k;" -- ~~~ uJ- C) ~- c;=:> 't:') v- ,~,_:_: L\-.lU- :?b~ F- \1_ o - c...J i~ -- CO ~, ,-. c) t...d (:;:) tJ".> C.:;- c_'"':> ,~ I' '! BENJAMIN J. DESTEF AN, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2005-6660 COMMONWEALTH OF PENNSYLVANIA,: PENNSYL VANIA DEPAR1MENT OF TRANSPORTATION, : APPEAL OF OPERATOR'S LICENSE BUREAU OF DRIVER LICENSING, : SUSPENSION Appellee PRAECIPE TO WITHDRAW APPEAL OF OPERATOR'S LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the appeal of operator's license suspension in the above captioned case. /Marlin L. M ey, Esq Law Office of Patrick F. Lauer, Jr., LLC 2108 Mar t Street, Aztec Building Camp Hil Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: 7-/9- 2..00& Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 171 04 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -Benjamin 1. Destefan, P.O. Box 349, Rouzerville, P A 17250 (~ -n , .:::;:l (,-l I.n -",'J ;