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HomeMy WebLinkAbout01-05211 COMMONWI/ALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JOSEPH JENSEN, JR. NO. 01-5211 CIVIL TERM ORDER OF COURT AND NOW, this 5~' day of September, 2001, upon consideration of the Petition for Appeal from the Order of the Director of the Bureau of Driver Licensing Recalling Operating Privileges, a hearing is scheduled for Monday, December 3, 2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, George Kabusk, Esq. Assistant Counsel Department of Transportation 3`d Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Petitioner :rc ~y~,~,, ~,CraC 9y0 4 v l / ~-,. 9/s,6~,~ ,,~ ~ , COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA c NO . 2 0 01-~~P ( e,,,~.~,,Q~ :APPEAL FROM DRIVER'S :LICENSE RECALL ORDER OF COURT AND NOW, this day of 2001 upon consideration of the within Petition, a Rule is issued upon the Pennsylvania Department of Transportation, Bureau of Driver Licensing, to show cause why the recall of the operating privileges of Joseph Jensen, Jr. should not be vacated. Rule returnable at a hearing scheduled for the day of 2001 in Court Room No. of the Court House at Carlisle, Pennsylvania. BY THE COURT, J. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA a COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA :NO. 2001- :APPEAL FROM DRIVER'S :LICENSE RECALL PETITION FOR APPEAL FROM THE ORDER OF THE DIRECTOR OF THE BUREAU OF DRIVER LICENSING RECALLING OPERATING PRIVILEGES AND NOW, comes Joseph Jensen Jr., by and through his counsel, Saidis, Shuff, Flower & Lindsay and states as follows: 1. Petitioner is Joseph Jensen, Jr., who resides at 1310 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is duly licensed to operate a motor vehicle in the Commonwealth of Pennsylvania, Operator License Number 13005576. 3. On August 8, 2001, the Director of the Bureau of Driver Licensing, Pennsylvania Department of Transportation, recalled Petitioner's operating privileges effective September 12, 2001 under the authority of §1519 of the Motor Vehicle Code. 4. The Order of the Director of the Bureau of Driver SAIDIS SHUF$ FLOWER & LINDSAY ATTOR[~YS•AT•WW 26 W. High StreM Carlisle, PA Licensing is illegal, arbitrary, unreasonable, and an abuse of discretion and contrary to the law. Petitioner respectfully prays this Honorable Court to allow the appeal and to schedule a hearing de novo to determine whether Petitioner is subject to recall of operating privileges and at the conclusion of the hearing to vacate the 4 l Order of the Director of the Bureau of Driver Licensing and to sustain the appeal. Respectfully submitted, Carol indsay, Esq. Attorney or Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SH[IFF, FLOWER & LINDSAY COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND s5 I verify that the statements made in this Appeal 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. DATED : 7 !"//~~ Jo~eph Je se J 2G W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA v- :NO. 2001- JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S :LICENSE RECALL ,[ CERTIFICATE OF SERVICE On this 7 day of ~I/ 2001, I, hereby certify that I served a tr and correct copy of the Appeal via United States Mail, postage prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAIDIS, SHUFF FLOWER & LINDSAY By: SAIDIS, UFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA ~~ r. ~' ` ~ ~ .' ~ ~ ` ~ -- (~ fL+.. ~~ ~ ~ O Ord ! -- ~ ~ :.~ (~' d `~ - ~~~-. >,~~.. ~~ COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA' :NO. 2001- 5~f( ~2.u-c-~ :APPEAL FROM DRIVER'S :LICENSE RECALL ORDER OF COURT AND NOW, this .S ~~ ay of ~ -+ 2001 upon consideration of the within Petition for1~Supersedeas, a hearing on the Petition is scheduled for the ~'~~ day of 2001 in Court Room No. ~ of the Court House at Carlisle, Pennsylvania at ,3 :~g o'clock .P.~'1, SAIDIS SHUF$ FLOWER & LINDSAY 26 W. High Street Carlisle, PA ~) 9~5~®/,--ems ~- BY THE COURT, COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA :NO. 2001- :APPEAL FROM DRIVER'S :LICENSE RECALL PETITION FOR SUPERSEDEAS Pursuant to 75 Pa. C.S.A. §1550(b)(2), now comes Joseph Jensen, Jr., by and through his counsel, Saidis, Shuff, Flower & Lindsay and states as follows: 1. Petitioner is Joseph Jensen, Jr., who resides at 1310 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is duly licensed to operate a motor vehicle in the Commonwealth of Pennsylvania, Operator License Number 13005576. 3. On August 8, 2001, the Director of the Bureau of Driver Licensing recalled the license of Petitioner. 4. On the same date as the file date of this Petition, Petitioner filed a Petition for Appeal from the Order of the Director of the Bureau of Driver Licensing and for a de novo hearing. A copy of that Petition is attached hereto as Exhibit „A„ 5. The Motor Vehicle Code does not permit the filing of an SAIDIS SHUF$ FLOWER & LINDSAY AT1'ORNEYS•AT•LAW 26 W. High Street Carlisle, PA appeal of the recall to act as a supersedeas unless ordered by the Court after a hearing attended by the Petitioner. 6. Petitioner believes and therefore avers that the recall of his operating privileges was an error and seeks a supersedeas pending a hearing on the matter. Petitioner requests a hearing on the supersedeas request prior to September 12, 2001, the date on which he must surrender his license pursuant to the recall Order. WHEREFORE, Petitioner prays this Honorable Court to schedule a hearing prior to September 12, 2001 to consider his request for supersedeas. Respectfully submitted, SAIDIS, SNUFF, FLOWER & LINDSAY '~ Carol J.~'Li say, Es SAIDIS SNUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the statements made in this Petition for SAIDIS SNUFF, FLOWER & LINDSAY Supersedeas 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. DATED : ~,~ o/ /Jo ep J n.s n, Jr. t _ 26 W. High Stree[ Carlisle, PA COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA v• :NO. 2001- JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S :LICENSE RECALL CERTIFICATE OF SERVICE On this ~_ day of 2001, I, hereby certify that I served a t e and correct copy of the Appeal via United States Mail, postage prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAIDIS, SH FF FLOWER & LINDSAY By: - SAIDI SHUFF, FL WER & LINDSAY 26 W. High Street Carlisle, PA 17013 SAIDIS SHUF$ FLOWI'.R & LINDSAY arronxevs•nr•ww 26 W. High Streei Carlisle, PA c, -„ - ; ` , ~ ; ~ -~; ' ~~ - ._ ;._,; l~ .. ~~ -~ ~ ~; Ui : COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA :APPEAL FROM DRIVER'S :LICENSE RECALL ORDER OF COURT AND NOW, this day of 2001 upon consideration of the within Petition, a Rule is issued upon the Pennsylvania Department of Transportation, Bureau of Driver Licensing, to show cause why the recall of the operating privileges of Joseph Jensen, Jr. should not be vacated. Rule returnable at a hearing scheduled for the day of 2001 in Court Room No. _. of the Court House at Carlisle, Pennsylvania. BY THE COURT, J. SAIDIS SHUF$ FLOWER & LINDSAY 26 W. High Sheet Carlisle, PA COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA : NO. 2001-~~) :APPEAL FROM DRIVER`S :LICENSE RECALL AND NOW, comes Joseph Jensen Jr., by and through his counsel, Saidis, Shuff, Flower & Lindsay and states as follows: 1. Petitioner is Joseph Jensen, Jr., who resides at 1310 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is duly licensed to operate a motor vehicle in the Commonwealth of Pennsylvania, Operator License Number 13005576. 3. On August 8, 2001, the Director of the Bureau of Driver Licensing, Pennsylvania Department of Transportation, recalled Petitioner's operating privileges effective September 12, 2001 under the authority of §1519 of the Motor Vehicle Code. 4. The Order of the Director of the Bureau of Driver SAIDIS SNUFF, FLQWER & LINDSAY A77'ORNEYS•AT•LAW 26 W. High S[reet Carlisle, PA Licensing is illegal, arbitrary, unreasonable, and an abuse of s [ 4 G? . __ r' ~_ D - y:~.~, -. _f:5 -~ ~ _~ ~ discretion and contrary to the law. WHEREFORE, Petitioner respectfully prays this Honorable Court to allow the appeal and to schedule a hearing de novo to determine whether Petitioner is subject to recall of operating privileges and at the conclusion of the hearing to vr~cate_,the ,___ 'c; ~' '? nor. ''~ _. ~ Order of the Director of the Bureau of Driver Licensing and to sustain the appeal. Respectfully submitted, Carol indsa Esq. Attorney or Petitioner SAIDIS SHIIFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Stree[ Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss SAIDIS ' SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW ~ { 26 W. High Street Gritsle, PA I verify that the statements made in this Appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.5. Section 4904, relating to unsworn falsification to authorities. DATED: y/~/~~ Jo eph Je 'se , J COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA v• :NO. 2001- JOSEPH JENSEN, JR. ;APPEAL FROM DRIVER'S :LICENSE RECALL ~[ CERTIFICATE OF SERVICE On this 7 day of / 2001, I, hereby certify that I served a tr and correct copy of the Appeal via United States Mail, postage prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAIDIS, SHUFF FLOWER & LINDSAY By: SAIDIS, FF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 17013 SAIDIS SH[IFF, FLOWER & LINDSAY AT[OitNE15•AT•IAW 26 W. High Street Carlisle, PA I COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA v. :NO. 2001- JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S :LICENSE RECALL ORDER OF COURT AND NOW, this day of 2001 upon consideration of the within Petition for Supersedeas, a hearing on the Petition is scheduled for the day of 2001 in Court Room No. of the Court House at Carlisle, Pennsylvania at _:00 o'clock .P.. BY THE COURT, J. SAIDIS I SHiJFF, FLOWER. j & LINDSAY 26 W. High Street Carlisle, PA 1 COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA v. :NO. 2001- 5~.1 j ~.~~ ~ JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S :LICENSE RECALL ORDER OF COURT AND NOW, this day of 2001 upon consideration of the within Petition for 5upersedeas, a hearing on the Petition is scheduled for the day of 2001 in Court Room No. of the Court House at Carlisle, Pennsylvania at _:00 o'clock .P.. BY THE COURT, J. SAIDIS SHUFF, FLOWER & LINDSAY arrow~vs•aruw 2b W. High Street Carlisle, PA ,_ COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMA PL~AS,_ :OF CUMBERLAND COUNTY,~:PEIV~ISYVLAP 'TJ S:'- '~y~ - v. :NO. 2001-~~I~ rn;:. --o c'_: i r: t, ~ ~ -. JOSEPH JENSEN, JR. :APPEAL FROM DRIVER',€_ _ :LICENSE RECALL =>r '- ;> ? ~~ .. PETITION FOR SUPERSEDEAS ~ ~ _ LJI -+ Pursuant to 75 Pa. C.S.A. §1550(b)(2), now comes Joseph Jensen, Jr., by and through his counsel, 5aidis, Shuff, Flower & Lindsay and states as follows: 1. Petitioner is Joseph Jensen, Jr., who resides at 1310 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is duly licensed to operate a motor vehicle in the Commonwealth of Pennsylvania, Operator License Number 13005576. 3. On August 8, 2001, the Director of the Bureau of Driver Licensing recalled the license of Petitioner. 4. On the same date as the file date of this Petition, Petitioner filed a Petition for Appeal from the Order of the Director of the Bureau of Driver Licensing and for a de novo hearing. A copy of that Petition is attached hereto as Exhibit „A„ 5. The Motor Vehicle Code does not permit the filing of an '. SAIDIS appeal of the recall to act as a supersedeas unless ordered by SHUFF, FLOWER & LINDSAY ATfpRNEYS~AT•LAW the Court after a hearing attended by the Petitioner. 26 W. High Street ~ Carlisle, PA it 6. Petitioner believes and therefore avers that the recall of his operating privileges was an error and seeks a supersedeas pending a hearing on the matter. Petitioner requests a hearing on the supersedeas request prior to September 12, 2001, the date on which he must surrender his license pursuant to the recall Order. WHEREFORE, Petitioner prays this Honorable Court to schedule a hearing prior to September 12, 2001 to consider his request for supersedeas. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J.: Li say, Es SAIDIS SHUFF, FLOWER & LINDSAY ATTtlRN8Y5•AT•GW 26 W. High Street Carlisle, PA t SAIDIS SHUFF, FLOWER & LINDSAY ATiORNBYS•AT•LAW 26 W. High SVee[ Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the statements made in this Petition for Supersedeas 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. DATED : ~/7 0~ `i Jo ep J nsen, Jr. L- s COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA :NO. 2001- :APPEAL FROM DRIVER'S :LICENSE RECALL CERTIFICATE OF SERVICE On this _~ day of ~ 2001, I, hereby certify that I served a t e and correct copy of the Appeal via United States Mail, postage prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAI By: DSAY & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 26 W. High Street Carlisle, PA 17013 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BY THE COURT, JOSEPH JENSEN, JR. CIVIL ACTION -LAW NO. 01-5211 CIVIL TERM ORDER OF COURT AND NOW, this 25~' day of September, 2001, upon consideration of Defendant's Motion To Take Testimony by Telephone, and the hearing scheduled for this date having been continued generally by agreement of counsel, the motion is deemed moot, without prejudice to refile it in the event Plaintiff believes it to be necessary. George Kabusk, Esq. Assistant Counsel Department of Transportation 3`a Floor, Riverfront Office Cente 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Petitioner ~j~~ Wesley Oler J ., - 5 r aa5.O~ V ~ ? ~-, ~, ~-~ : ~-:: ~~ -.r ~; ; ~ ~> ., `t;~ - _ . n, _ _ , ~. `,1_ 7 r., ' t..r -~ :rc COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S LICENSE RECALL AND NOW, this 2001 upon consideration of the within Motion to Take Testimony by v. N0.2001- 5211 Civil Term ORDER OF COURT day of Telephone, Movant, Joseph Jensen, Jr., is permitted to take the testimony of William A. Landis, M.D. by telephone at the supersedeas hearing on September 24, 2001 for the purpose of introducing into evidence the report of the August 29, 2001 mini-mental status examination of the Movant. BY THE COURT, SAIDIS SHUFF, FLOWER & LINDSAY J. 26 W. High Stree[ Carlisle, PA COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2001- 5211 Civil Term APPEAL FROM. DRIVER'S LICENSE RECALL MOTION TO TAKE TESTIMONY BY TELEPHONE AND NOW, comes Joseph Jensen Jr., by and through his counsel, Saidis, Shull, Flower & Lindsay and moves this Honorable Court as follows: 1. Movant, Joseph Jensen, Jr., has filed an appeal of the recall of his driver's license. A copy of his Petition for Appeal is attached hereto as Exhibit "A". 2. Movant has also filed a Petition for supersedeas. 3. The supersedeas Petition is scheduled for hearing on September 24, 2001. The basis for the recall of Movant's driver's license is the opinion of his family doctor which is based, in large part, on amini-mental status exam performed by William A. Landis, M.D. and provided to Movant's family doctor. 4. Dr. Landis has performed a subsequent mini-mental examination on August 29, 2001, a copy of which is attached hereto as Exhibit "B". 5. Movant seeks to take Dr. Landis' testimony by telephone at the SAIDIS SIIUFI3 FLOWER & LINDSAY 26 W. High Street Carlisle, PA status examination. supersedeas hearing on September 24, 2001 as to the results of the mini-mental 6. On December 3, 2001, the hearing on the appeal is scheduled for 1:30 p.m. By the time of that hearing, Movant will have been able to have a neurological examination to submit as evidence. SAIDIS SIIUF$ FLOWER & LINDSAY ATIOMIDYS•AY•LAW 26 W. High Street CazHsle, PA 7. Movant seeks from this Honorable Court leave to take the testimony of William A. Landis, M.D. by telephone for the purpose of introducing the results of the August 29, 2001 mini-mental status examination of Movant. WHEREFORE, Movant prays this Honorable Court to permit the introduction of the mini-mental status examination into evidence at the September 24, 2001 supersedeas hearing by taking the testimony of William A. Landis, M.D. by telephone. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By 26 West High Street Carlisle, PA 17013 (717)243-6222 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001- 5211 Civil Term JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S LICENSE RECALL CERTIFICATE OF SERVICE AND now, this f ~~ day of ~ G , 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAI IS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion to Take Testimony by Telephone this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant SAIDIS SHUFF, FLOWER & LINDSAY A~rroni~vs•Arcnw 26 W. High Street Cadisie, PA By 26 West High Street Carlisle, PA 17013 (717)243-6222 Sip ~ I ~a~f COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION -LAW JOSEPH JENSEN, JR. NO.O1-5211 CIVIL TERM ORDER OF COURT AND NOW, this Sa' day of September, 2001, upon consideration of the Petition for Appeal from the Order of the Director of the Bureau of Driver Licensing Recalling Operating Privileges, a hearing is scheduled for Monday, December 3, 2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. • BY THE COURT, a George Kabusk, Esq. Assistant Counsel Department of Transportation 3`d Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot of J. Lindsay, Esq. 6 West High Street Carlisle, PA 17013 Attorney for Petitioner :rc ~!' ~ esley Oler, Xr.,J J. ~fi TR?*iR?:3~!~ K;;?v':'~':~, ~ I:Fii~ "^i0 SS •a v.t t t1? ior~~ aa~ t;,r s~,~i s s-~ u at ' c. =id C;n 0artis4a, Pa. This .~ ric'V G~~+~~~'°x~T-- -a~s2~~. (~_., ,in ~, l ~T ` ~ Prothonatar~ COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLLANIA :NO. 2001- :APPEAL FROM DRIVER'S :LICENSE RECALL AND NOW, comes Joseph Jensen Jr., by and through his counsel, Saidis, Shuff, Flower & Lindsay and states as follows: 1. Petitioner is Joseph Jensen, Jr., who resides at 1310 Georgetown Circle,. Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is duly licensed to ogerate a motor vehicle in the Commonwealth of Pennsylvania, Operator License Number 13005576. 3. On August 8, 2001, the Director of the Bureau of Driver Licensing, Pennsylvania Department of Transportation, recalled Petitioner's operating privileges effective September 12, 2001 under the authority of §1519 of the Motor Vehicle Code. a. The Order of the Director of the Bureau of Driver SAIDIS HUFF, FLOWER & LINDSAY ATrORNEYS•A7NAW 26 W. High Street Carlisle, PA Licensing is illegal, arbitrary, unreasonable, and an abuse of discretion and contrary to the law. WHEREFORE, Petitioner respectfully prays this Honorable Court to allow the appeal and to schedule a hearing de novo to dete`-mine whether Petitioner is subject to recall of operating privileges and at the conclusion of the hearing to vacate the Order of the Director of the Bureau of Driver Licensing and to sustain the appeal. Respectfully submitted, Carol ~y: ~hindsa Esq. Attorney or Pe itioner SAIDIS HUFF, FLOWER & LINDSAY arrotweys•Ar•uw 26 W. Hlgh Street Grible, PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the statements made in this Appeal are true SAIDIS ~IIUF£ FLOWER & LINDSAY RfSDANEYS•ATNAW 26 W. High Street Grltsle, PA 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. DATED: ~/~/~~ i %~~ JoSeph'JenseA, J '. COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA v• :NO. 2001- JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S :LICENSE RECALL ~1 CERTIFICATE OF SERVICE On this 7 day of ~ ~ 2001, I, hereby certify that I served a tr/ and correct copy of the Appeal via United States Mail, postage prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAIDIS, SNUFF FLOWER & LINDSAY SAIDIS, FF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 17013 SERVED VIA CERTIFIED MAIL ARTICLE tdO. 7099-3400-0018-5047-8025 SAIDIS TUFF, FLOWER & LINDSAY 6 W. High Stmt Carlisle, PA P.02 JENSEN, JOSEPH 8129/01 OFFICE VISIT IDENTIFYING DATA.: 85-year-old male who is the father of Emergency Room physician, Lynn Jensen. Mr. 3ensen is presenting today for re-evaluation of his neurologic status since he was seen by a physician in the Carlisle area (Dr. Tent' A. Robison) and was recommended to the State Department of Motor Vehicles to have his driver's license revoked. Mr. Jensen wants to appeal this- Byway of details recall that Mr. Jensen did have a motor vehicle accident which was a nonmoving accident and he failed to report this properly and was tracked down by the police. I believe this happened about one yeaz ago in April 2000. Since that time we had done a mini mental status exam on him and I believe he scored a 22/30 on that exam. To the best of my knowledge, no exam has been repeated since that time. The patient did have MRI scanning and multiple studies including chest x-ray and bloodwork, all of which have been nondiagnostic. The patient also has had treatment with Aricept which he is caking daily at this time- The patient's wife says as far as driving goes that she does the navigating and the patient only drives in familiaz sutmundings and he has no trouble functioning with this level. Additionally she says that he Brave ten hours to the Carolina's recently without incident. Both the patient's wife and his son who is an Emergency Room physician feel the patient's driving function is safe and I was able to discuss this with them in private without the patient present. PAST MEDICAL HISTORY: 1. Prostate cancer 1998. 2. Gallbladder surgery 1994. 3. Glaucoma. CiTRRENT MEDICATIONS: 1. Xalatan eye drops 2. Aricept 3. Theophylline when needed PHYSICAL EXAMINATION: VITAL SIGNS: Weight 1601bs, BP 180/80, T 96.3 degrees. Pulse regular. GENERAL: Well-developed, well-nourished male. He is very affable and easy to deal with HEENT: Normocephalic, atraumatic cranium. Eyes - PERRLA. EOM-I- Sclera and conjunctiva within normal limits. Muscles of facial expression are symmetrical. Tongue and uvula are midline. NECK: Supple. No carotid bruits present. Thyroid is normal. CHEST: Clear to auscultation and percussion. CARDIAC: RRR. No significant murmurs, rubs or gallops. ABDOMEN: Benign. G[Ig: Not performed. P. JENSEN,JOSEPH 8/29!2001 OFFICE VISIT PAGE TWO EXTREMITIES: No cyanosis, clubbing or edema. NEUROLOCrIC: The patient is alert and oriented times three. Cranial nerves are intact. Deep tendon reflexes are normal. Motor strength and function is intact. There is no evidence of cerebellar IMPRESSION/PLAN: dysfunction. No ataxia instability. Rapid hand movements are fine. Mood and affect aze approgriate. Mini mental status exam was applied and the patient scored 27/30 with the following: Mini mental status exam was 26/30. Specifically in orientation he scored 9110, identifying the year as 1991 rather than 2001. Immediate recall of the words bag, ball, flag and tree were 3!3 at one trial. Attention and calculation, he scored 3/5 counting backwards but 515 at spelling backwards so he gets the full score for that. Recall was 0 3 objects at five minutes. Language he scored a complete perfect 9/9. Following directions and copying were excellent. Memory impairment: a. Probably early dem~Vnting illness. b. Patient appears to be satisfactory risk for driving and is going to appeal his drivers license. I encouraged him to seek a neurology consult and to work through an attorney. Also encouraged him to take the Driver's course at the Rehab Hospital for an unbiased opinion. wAL/meaJdisk Enclosure CC: Lynn 7ensen, M.D. Emergency Depamnent William A. 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G; Lit C:_Y ti.5 .. y„ COMMONWEALTH v. JOSEPHJENSEN,JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-5211 CIVIL TERM IN RE: PETITION FOR SUPERSEDERS ORDER OF COURT AND NOW, this 24th day of September, 2001, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney for Petitioner, the hearing previously scheduled for September 24, 2001, is continued generally. COUNSEL are directed to contact the court if they desire a hearing in this matter. George Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Petitioner 6Q'' ~.v (' q`a- ~-:, ~; _= ,? ~~ :.,~ ~ s_rtfr~,~ ~ ~.,~ r _:i `' ` ; " _._ mac.; _ ` ; S '' G`' ~, ~ r~ i - - y , -G .S` -G :rc BY THE COURT, FROM,: SR~DIS,SHUFF,FLOWER+LINDSAY FAX N0. 2436510 jAMF:S D. FLOWP,R JOtIN E. SLIIC[i ROBERT C. SAIDI9 C;1;UNI:REY S. SHUI'F JAMBS D. FLUWl=K, JK. CARC7L j. LINDS,gy JOI INNA J.1<O'1'L+Ch'Y Y.ARL M. L>:D>;BOrIM JCtSEI~Ii L. HrrCHLNC5 THnN1AS E. FLOWER Sep. 24 2001 01:45PM P2 LAW OFFICES S/~.IDIS, 5HiJFF, FLOWF,R & LTl`TDSAY A 1'ROPIS^flUNAL COitl'OAATI<)N :b WE6T FI1GI I ~TP.I:i;T CARi..k~LE, PENNSYLVnN1A 17013 'TELEPHONE: (717) 2A3-fi777 . PAC'SIMILE: (77,'~ 213fS10 fiMA1L: clindsay~ssfl-faw,com www.ssfl-law.com September 24, 2001 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Courthouse Square Carlisle, PA 17013 WF.51' SHORK OFFICfi: 2709 MARKET STREET CAMP HILL, PA 77011 TELBPFIONE: (71.7}737.3405 PAC5IMILG: (717)737-3407 Rli'LY TO C RLISLE ftE: Commonwealth vs. Joseph Jensen, Jr. No. 2001 - 5211 pear Judge tiler: George Kabusk for the Department ^f Transportation and I have agreed to generally rcntinue the Supersedeas hearing in the captioned casc a~ wo believe we have it resolved. The hearing could be reset upon the request of either party, but tI~IG hearing set for September 24, 2001 at 3:1 v will not be rtec:essary. Thank you for your help. Very truly yours, SAI~IS, SMUFF, FLOWER &LINDSAY, P.C. ~- Carol J. Lin sa C,1L/tjb cc: Joseph Jansen Geol~e K26uxk, F~riuira COMMONWEALTH OF PENNSYLVANIA v. JOSEPH JENSEN, JR. 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 5211 Civil Term APPEAL FROM DRIVER'S LICENSE RECALL PRAECIPE TO THE PROTHONOTARY: Please withdraw the appeal of Joseph Jensen, Jr. in light of the Department of Transportation's restoration of his driving privileges. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: 261Nest High Street Carlisle, PA 17013 (717)243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNSYS•AT•WW 26 W. High Street Carlisle, PA A ~~ C.. -: ' ~ f _y ~= t_ ~; =,i w~ ? ._ K r . ~~ COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JOSEPH JENSEN, JR. NO.O1-5211 CIVIL TERM ORDER OF COURT AND NOW, this 8`~ day of November, 2001, upon consideration of the attached letter from Carol J. Lindsay, the hearing previously scheduled in this matter for December 3, 2001, is cancelled. George Kabusk, Esq. Assistant Counsel Deparhnent of Transportation 3`d Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Petitioner .~ \' ~~ O~ \\ :rc BY THE COURT, E .. , e `p~sa~aa~as _ nrm~aW E t,~{~711~'~1~~~,~~~d{~f'v; IJ ~IVl ~:~J~ ~-~_~'. a~ ~~{ lid •i~ =; ', ~, a ` JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNAJ.KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHIIJGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (71'7) 243-6222 -FACSIMILE: (717) 243-6510 EMAIL: clindsayQssfl-law.com wwwssfl-law.com October 29, 2001 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Courthouse Square Carlisle, PA 17013 WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE RE: Commonwealth vs. Joseph Jensen, Jr. No. 2001 - 5211 Dear Judge Oler: The Commonwealth of Pennsylvania has restored the operating privileges of the Defendant in the captioned case and so the hearing scheduled for December 3, 2001 at 1:30 in your Court Room will no longer be necessary. I have filed a Praecipe with the Prothonotary withdrawing our appeal. Thank you for your assistance. Very truly yours, SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. i Carol J. Lin ay cJUtib Enclose Praecipe cc: Joseph Jensen (w/encl) George Kabusk, Esquire (w/encl)