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HomeMy WebLinkAbout02-0067 SAIDIS SI-IUFF, FLOWER & LINDSAY A1TORI~YS,AT*LAW 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA VS. ADAM D. LINDSAY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-~~' APPEAL FROM DRIVERS LICENSE SUSPENDED NOW come Adam D. Lindsay and Petitions this Honorable Court as follows: 1. Petitioner resides at 69 Parker Street, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is duly licensed to operate motor vehicles in the Commonwealth of Pennsylvania, Operator's License 25951485. 3. On December 3, 2001, the Director of the Bureau of Driver Licensing, Pennsylvania Department of Transportation, suspended Petitioner's operating privileges effective January 7, 2002 under the authority of Section 1532(B) of the Motor Vehicle Code. 4. The order of the Director of the Bureau of Traffic Safety Operations is illegal, arbitrary, unreasonable, and an abuse of discretion and contrary to the law. WHEREFORE, Petitioner respectfully prays that this appeal be allowed and that a hearing de novo be granted to determine whether Petitioner is subject to suspension of operating privileges and that this appeal act as a supersedeas pending the hearing, and that upon conclusion thereof, the order of the Direction of the Bureau of Traffic Safety Operations be vacated and the appeal sustained. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PETITIONER BY: .... /CFfol 3. Lindsay, Esquire /.J~# 44693 "'26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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 falsification to authorities. Adam D~_lp~nd say Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA vs. ADAM D. LINDSAY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- (,-/ ORDER OF COURT AND NOW this /~-(Z day of January, 2002, upon consideration of the within Petition for Appeal from the Order of the Director of Bureau of Driver Licensing, Department of Transportation, suspending the operating privileges of Adam D. Lindsay and on Motion of Carol J. Lindsay, Esquire, attorney for Adam D. Lindsay, a hearing is granted de novo to determine whether the Petitioner is subject to suspension of his operating privileges. This appeal shall act as a supersedeas of the suspension Order. A hearing is set for the /~'~ dayof Room No. ~ , of the Courthouse at Carlisle, Pennsylvania at o'clock f . . m. ,2002 in Court SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA VS. ADAM D. LINDSAY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002- 67 PRAEClPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw the Appeal of Adam D. Lindsay from the Order of the Director of Bureau of Driver Licensing, Department of Transportation, in the captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR ADAM D. LINDSAY BY: 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA vs. ADAM D. LINDSAY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002- 67 CERTIFICATE OF SERVICE AND NOW, THIS -~7 DAY OF 2002, I, CAROL J. LINDSAY, ESQUIRE, OF THE LAW FIRM OF SAIDIS, SHUFF, FLOWER & LINDSAY, A~-FORNEYS, HEREBY CERTIFY THAT I SERVED THE WITHIN PRAEClPE TO WITHDRAW THIS DAY BY DEPOSITING SAME IN THE UNITED STATES MAIL, FIRST CLASS, POSTAGE PREPAID, IN CARLISLE, PENNSYLVANIA, ADDRESSED TO: REBECCA L. BICKLEY, DIRECTOR BUREAU OF DRIVER LICENSING PENNSYLVANIA DEPARTMENT OF TRANSPORTATION P .O. BOX 60067 HARRISBURG, PA 17106 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR ADAMJ~ LINDSAY BY: ~~ '- ~3~rol J. Lindsay, Esquire t!g# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222