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Home My WebLink About01-5211COMMONWEALTH V. JOSEPH JENSEN, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5211 CIVIL TERM ORDER OF COURT AND NOW, this 5th 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, ~jWesley Oler,/~9 'J. ~ 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 :rc SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANI~ :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 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 , 2001 in Court Room No. of Carlisle, Pennsylvania. the __day of the Court House at BY THE COURT, Jo SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA 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 OPEP~ATING 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 13005576. 3. Licensing, Pennsylvania, Operator License Number On August 8, 2001, the Director of the Bureau of Driver 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 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 determine 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, C rol ~'. ~lnosa~y/~ Esq. At torn~or Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss 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. J~ eph~J-e~ s~)~, J~/~ ' SAIDIS SHUFF, FLOWER & LINDSAY 26W, High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA 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 ~2~W.i~4./ , 2001, I, hereby certify that I served a tri 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, By: SHUFF FLOWER & LINDSAY 26 W. High Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA COMMONWEALTH OF PENNSYLVANIA JOSEPH JENSEN, JR. : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA :NO. 2001- . t( CC~CLC~ : :APPEAL FROM DRIVER'S :LICENSE RECALL ~..r ORDER OF COURT It ' 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 3 :~o'clock .p.~. BY THE COURT,/3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA JOSEPH JENSEN, JR. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA : :NO. 2001- : :APPEAL FROM DRIVER'S :LICENSE RECALL PETITION FOR SUPERSEDEAS hearing. 5. appeal of 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 A copy of that Petition is attached hereto as Exhibit The Motor Vehicle Code does not permit the filing 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 of his operating privileges was pending a hearing on the matter. an that the recall an error and seeks a supersedeas Petitioner requests a hearing W~EREFORE, Petitioner prays a hearing prior to September 12, supersedeas. on the supersedeas request prior to September 12, 2001, the date on which he must surrender his license pursuant to the recall Order. this Honorable Court to schedule 2001 to consider his request for Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Carol-J~ Li~-ay, Es~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $1reet Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss I verify that the statements made in this Petition for Supersedeas are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. o~ep~l Je.ns~n, Jr. SA/DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA COM/~ONWEALTH OF PENNSYLVANIA JOSEPH JENSEN, JR. :IN THE COURT OF COM~40N PLEAS :OF CUMBERLAND COUNTY, PENNSYVLANIA :NO. 2001- : :APPEAL FROM DRIVER'S :LICENSE RECALL CERTIFICATE OF SERVICE On this ~ day of .---~-z~:/~ ~.~]. hereby certify that I served~ t~e ~n~ ~o~rect , 2001, I, copy of the Appeal via United States Mail, postage prepaid, as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 SAIDIS, By: SHUFF FLOWER & LINDSAY SAIDI ~$HUFF, FLOWER 26 W. High Street Carlisle, PA 17013 & LINDSAY COMMONWEALTH JOSEPH JENSEN, JR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5211 CIVIL TERM IN RE: PETITION FOR SUPERSEDEAS ORDER OF COURT AND NOW, this 24~ day of September, 2001, upon consideration of the attached letter fxom Carol J. Lindsay, Esq., attomey 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. BY THE COURT, 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 -<2 :rc FROM.:~SA~DIS,SHUFF~FLOWER+LINDSAY FAX NO. : 2436510 Smp. 24 200101:45PM P2 JAMES D. FI, OWI'iR JOHN E. SLIKE ROBERT C. SAIDIS ~EOFFREY S. SI'I'O F F ~AMES D. l~ldOW ER, JR. CAROL J. LIN'DSAY JOI II,INA J. KOPECKY KARL M, LIiDIiBOI IlVl jo~'PIt L. I-tITCHING~ TPIOMAS E. FLOWER LAW OFF1C1Zq ,qAIDIS, SHUFF, FLOWER & LINDSAY 2109 MARK/?T STREET CAMP FI]LL, PA 17ol 1 ~EPHO~: ~737-~05 . ,It, tR~LY TO CARLISLE September 24, 2001 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Courthouse Square C~rlisle, PA 17013 Commonwealth vs. Joseph Jensen, Jr. No. 2001 - 5211 Dear Judge Oler: George Kabusk for the De.p~rtment of Transportation and I have agreed to generally continue the Supersedeas hearing in the captioned ease as we believe we have it resolved. The hearing could be reset upon the request of either party, but tile hearing set for September 24, 2001 at 3;1,5 will (lot b= ,e~sary. Tllank you for your ~.elp. Very truly yours. SAIDI,~, SHUFF, FLOWER & LINDSAY, P.C. C, JL~jb Joseph Jensen George Kabusk, I~sqtllm COMMONWEALTH Vo JOSEPH JENSEN, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5211 CIVIL TERM ORDER OF COURT AND NOW, this 25th 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 Plaintiffbelieves it to be necessary. BY THE COURT, /~/Wesley Oley, 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 SAIDIS SHUFF, FLOWER & LINDSAY 26W. Hlsh Street Carlisle, PA COMMONWEALTH OFPENNSYLVANIA V. JOSEPHJENSEN, JR. : 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: Carlisle, PA 17013 (717) 243-6222 COMMONWEALTH : : V. : JOSEPH JENSEN, JR. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5211 CIVIL TERM ORDER OF COURT AND NOW, this 8th 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 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 BY THE COURT, J.~e~ley Oler;{~ :rc JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 24:3-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ssfl-law.com www.$sfl-law.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 P, tE~Y TO CARLISLE October 29, 2001 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Courthouse Square Carlisle, PA 17013 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, SHUFF, FLOWER & LINDSAY, P.C. CJL/tjb Enclose Praecipe cc: Joseph Jensen (w/encl) George Kabusk, Esquire (w/encl)