2-24-10 SEARCH WARRANT-JURY SELECTION-LIMINE MOTION


SERIOUSLY, NOW A SEARCH WARRANT!!!!

Actions of despiration by the District Attorney’s Office had them file for a search warrant on 2/18/10, printed on 2/24/10. What was this search warrant for, to search the pick-up truck driven by Mr. Senavitis.

Trooper Jason Beers on 2/17/10 searched the truck and is claiming to have found four 12oz beer cans. Now let us go all the way back to the beginning.

The pick-up truck was taken from the scene after loaded with debris from the accident scene and roadway to Matt’s Garage yard. The truck sat at this location for a couple days in which time family members of Mr. Senavitis went to the location and extracted tools Mr. Senavitis had also picked up the day of the accident. At this time it was noted some items were missing.
Blakeslee Garage then went sent by the Fern Ridge State Police Barracks to pick up the truck and bring it to their enclosed lot at the back of the barracks.

During the time that Fern Ridge State Police Barracks had the truck in their custody they had the vehicle torn apart for inspection and had search the vehicle several times, none of these time at which any cans were found nor a search warrant was issued.

Now, with less than two weeks to go before trial they decide to get a search warrant for the pick up they had in their custody all this time and find four beer cans that they just did not find during any of the other searches of the truck. The prosecution has put these cans into evidence. Nothing suspicious motives here.

COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 1 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
CASE INFORMATION
Cross Court Docket Nos: CR-0000012-09, 2134 EDA 2009
Judge Assigned: Vican, Ronald E. Date Filed: 02/02/2009 Initiation Date: 01/14/2009
OTN: K8070204 Lower Court Docket No: CR-0000012-09
Initial Issuing Authority: Debby A York Final Issuing Authority: Debby A York
Arresting Agency: PSP – Fern Ridge Arresting Officer: Beers, Jason F.
Case Local Number Type(s) Case Local Number(s)
STATUS INFORMATION
Case Status: Active Status Date Processing Status Arrest Date: 01/14/2009
12/02/2009 Awaiting Trial
07/24/2009 Awaiting Appellate Court
Decision
03/23/2009 Awaiting Formal Arraignment
03/18/2009 Awaiting Pre-Trial Conference
02/02/2009 Awaiting Filing of Information
Complaint Date: 01/14/2009
CALENDAR EVENTS
Schedule
Status
Start Room Judge Name
Time
Schedule
Start Date
Case Calendar Event
Type
Formal Arraignment 03/23/2009 1:30 pm Courtroom 5 Judge Arthur L. Zulick Scheduled
Bail Revocation 05/28/2009 2:45 pm Courtroom 1 Judge Ronald E. Vican Moved
Bail Revocation 06/01/2009 2:00 pm Courtroom 1 Judge Ronald E. Vican Scheduled
Omnibus 06/17/2009 2:00 pm Courtroom 1 Judge Ronald E. Vican Moved
06/23/2009 8:30 am Courtroom 1 Judge Margherita P.
Worthington
Call of the List Scheduled
Omnibus 06/25/2009 9:45 am Courtroom 1 Judge Ronald E. Vican Scheduled
Status Conference 10/29/2009 2:00 pm Judge’s Chambers Judge Ronald E. Vican Scheduled
Status Conference 11/19/2009 11:00 am Judge’s Chambers Judge Ronald E. Vican Scheduled
Trial Term Jury 02/04/2010 9:30 am Courtroom 1 Judge Ronald E. Vican Scheduled **************
Selection
Trial 03/10/2010 9:00 am Courtroom 1 Judge Ronald E. Vican Scheduled
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 2 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
CONFINEMENT INFORMATION
Still in
Custody
Confinement
Reason
Destination
Location
Confinement
Type
Confinement
Known As Of
02/23/2010 County Jail Monroe County Prison Yes
DEFENDANT INFORMATION
Date Of Birth: 10/07/1963 City/State/Zip: Kunkletown, PA 18058
Alias Name
Ssenavitis, Thomas Patrick
CASE PARTICIPANTS
Participant Type Name
Defendant Senavitis, Thomas P.
BAIL INFORMATION
Senavitis, Thomas P. Nebbia Status: None
Bail Action Date Bail Type Percentage Amount
Bail Posting Status Posting Date
Set 01/14/2009 Monetary $25,000.00
Revoke 06/01/2009 Monetary $25,000.00
Posted 01/14/2009
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 3 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
CHARGES
Seq. Grade Statute Statute Description Offense OTN
Date
Orig Seq.
1 1 F2 75 § 3735 §§A Homi By Veh While Dr Under The Infl 10/17/2008 K8070204
2 2 F2 75 § 3735.1 §§A Aggravated Assault By Vehicle While Dui 10/17/2008 K8070204
3 3 F2 75 § 3735.1 §§A Aggravated Assault By Vehicle While Dui 10/17/2008 K8070204
4 15 F3 75 § 3732 Homicide By Vehicle 10/17/2008 K8070204
5 DUI: Gen Imp/Inc of Driving Safely – 1st
Off
16 M 75 § 3802 §§A1* 10/17/2008 K8070204
6 DUI: Highest Rte of Alc (BAC .16+) 1st
Off
17 M 75 § 3802 §§C* 10/17/2008 K8070204
7 18 M2 18 § 2705 Recklessly Endangering Another Person 10/17/2008 K8070204
8 7 M2 18 § 2705 Recklessly Endangering Another Person 10/17/2008 K8070204
9 8 M2 18 § 2705 Recklessly Endangering Another Person 10/17/2008 K8070204
10 9 M2 18 § 2705 Recklessly Endangering Another Person 10/17/2008 K8070204
11 19 S 75 § 3301 §§A Fail To Keep Right 10/17/2008 K8070204
12 20 S 75 § 3309 §§1 Disregard Traffic Lane (Single) 10/17/2008 K8070204
13 21 S 75 § 3714 §§A Careless Driving 10/17/2008 K8070204
14 14 S 75 § 3736 §§A Reckless Driving 10/17/2008 K8070204
99999 10 M2 18 § 2705 Recklessly Endangering Another Person 10/17/2008 K8070204
99999 11 S 75 § 3301 §§A Fail To Keep Right 10/17/2008 K8070204
99999 12 S 75 § 3309 §§1 Disregard Traffic Lane (Single) 10/17/2008 K8070204
99999 4 F3 75 § 3732 Homicide By Vehicle 10/17/2008 K8070204
99999 13 S 75 § 3714 §§A Careless Driving 10/17/2008 K8070204
99999 DUI: Gen Imp/Inc of Driving Safely – 1st
Off
5 M 75 § 3802 §§A1* 10/17/2008 K8070204
99999 DUI: Highest Rte of Alc (BAC .16+) 1st
Off
6 M 75 § 3802 §§C* 10/17/2008 K8070204
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 4 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
Linked Offense – Sentence Link Type Linked Docket Number
Lower Court Proceeding (generic)
Lower Court Disposition 01/30/2009 Not Final
1 / Homi By Veh While Dr Under The Infl Held for Court (Lower Court) 75§3735§§A
2 / Aggravated Assault By Vehicle While Dui Held for Court (Lower Court) 75§3735.1§§A
3 / Aggravated Assault By Vehicle While Dui Held for Court (Lower Court) 75§3735.1§§A
8 / Recklessly Endangering Another Person Held for Court (Lower Court) 18§2705
9 / Recklessly Endangering Another Person Held for Court (Lower Court) 18§2705
10 / Recklessly Endangering Another Person Held for Court (Lower Court) 18§2705
14 / Reckless Driving Held for Court (Lower Court) 75§3736§§A
99,999 / Careless Driving Held for Court (Lower Court) 75§3714§§A
99,999 / Disregard Traffic Lane (Single) Held for Court (Lower Court) 75§3309§§1
99,999 / DUI: Gen Imp/Inc of Driving Safely – 1st Off Held for Court (Lower Court) 75§3802§§A1*
99,999 / DUI: Highest Rte of Alc (BAC .16+) 1st Off Held for Court (Lower Court) 75§3802§§C*
99,999 / Fail To Keep Right Held for Court (Lower Court) 75§3301§§A
99,999 / Homicide By Vehicle Held for Court (Lower Court) 75§3732
99,999 / Recklessly Endangering Another Person Held for Court (Lower Court) 18§2705
Proceed to Court
Information Filed 03/23/2009 Not Final
1 / Homi By Veh While Dr Under The Infl Held for Court 75§3735§§A
2 / Aggravated Assault By Vehicle While Dui Held for Court 75§3735.1§§A
3 / Aggravated Assault By Vehicle While Dui Held for Court 75§3735.1§§A
4 / Homicide By Vehicle Added by Information 75§3732
5 / DUI: Gen Imp/Inc of Driving Safely – 1st Off Replacement by Information 75§3802§§A1*
6 / DUI: Highest Rte of Alc (BAC .16+) 1st Off Replacement by Information 75§3802§§C*
7 / Recklessly Endangering Another Person Replacement by Information 18§2705
8 / Recklessly Endangering Another Person Held for Court 18§2705
9 / Recklessly Endangering Another Person Held for Court 18§2705
10 / Recklessly Endangering Another Person Held for Court 18§2705
11 / Fail To Keep Right Replacement by Information 75§3301§§A
12 / Disregard Traffic Lane (Single) Replacement by Information 75§3309§§1
13 / Careless Driving Replacement by Information 75§3714§§A
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 5 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
Linked Offense – Sentence Link Type Linked Docket Number
14 / Reckless Driving Held for Court 75§3736§§A
99,999 / Careless Driving Withdrawn 75§3714§§A
99,999 / Disregard Traffic Lane (Single) Charge Changed 75§3309§§1
Replaced by 75§3714§§A, Careless Driving
99,999 / DUI: Gen Imp/Inc of Driving Safely – 1st Off Charge Changed 75§3802§§A1*
Replaced by 75§3802§§C*, DUI: Highest Rte of Alc (BAC .16+) 1st Off
99,999 / DUI: Highest Rte of Alc (BAC .16+) 1st Off Charge Changed 75§3802§§C*
Replaced by 18§2705, Recklessly Endangering Another Person
99,999 / Fail To Keep Right Charge Changed 75§3301§§A
Replaced by 75§3309§§1, Disregard Traffic Lane (Single)
99,999 / Homicide By Vehicle Charge Changed 75§3732
Replaced by 75§3802§§A1*, DUI: Gen Imp/Inc of Driving Safely – 1st Off
99,999 / Recklessly Endangering Another Person Charge Changed 18§2705
Replaced by 75§3301§§A, Fail To Keep Right
COMMONWEALTH INFORMATION
Name: Colleen Mancuso, Esq.
District Attorney
Supreme Court No: 069692
Phone Number(s):
(570) 476-1099
(570) 476-5350
(Phone)
(Fax)
Address:
808 Monroe Street
Stroudsburg PA 18360
ATTORNEY INFORMATION
Name: Wieslaw T. Niemoczynski, Esq. *
Public Defender
Supreme Court No: 043605
Rep. Status: Lower Court
Phone Number(s):
(570) 476-4488
(570) 476-4480
(Phone)
(Fax)
Address:
748 Main Street
P.O. Box 727
Stroudsburg PA 18360
Representing: Senavitis, Thomas P.
* Entry of Appearance Not Filed
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 6 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
1 02/02/2009
Original Papers Received from Lower Court
Court of Common Pleas – Monroe
County
1 03/18/2009
Waiver of Appearance at Arraignment
Niemoczynski, Wieslaw T.
2 03/23/2009
Criminal Information Electronically Accepted
Commonwealth of Pennsylvania
3 03/23/2009
Criminal Information Filed
Count: 1 Homi By Veh While Dr Under The Infl-(F2) 75 §3735 §§A
Count: 2 Aggravated Assault By Vehicle While Dui-(F2) 75 §3735.1 §§A
Count: 3 Aggravated Assault By Vehicle while Dui-(F2) 75 §3735.1 §§A
Count: 4 Homicide By Vehicle-(F3) 75 §3732
Count: 5 DUI: Gen Imp/Inc of Driving Safely-1st Off-(M) 75 §3802 §§A1*
Count: 6 DUI: Highest Rte of Alc (BAC.16+)1st Off-(M) 75 §3802 §§C*
Count: 7 Recklessly Endangering Another Person-(M2) 18 §2705
Count: 8 Recklessly Endangering Another Person-(M2) 18 §2705
Count: 9 Recklessly Endangering Another Person-(M2) 18 §2705
Count: 10 Recklessly Endangering Another Person-(M2) 18 §2705
Count: 11 Fail To Keep Right-(S) 75 §3301 §§A
Count: 12 Disregard Traffic Lane (Single)-(S) 75 §3309 §§1
Count: 13 Careless Driving-(S) 75 §3714 §§A
Count: 14 Reckless Driving-(S) 75 §3736 §§A
Commonwealth of Pennsylvania
1 04/22/2009
Omnibus Pre-Trial Motion
Niemoczynski, Wieslaw T.
1 04/29/2009
Motion to Revoke Bail
Mancuso, Colleen
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 7 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
1 05/04/2009
Order/Hearing-Motion to Revoke Bail on May 28, 2009 at 2:45 p.m.
AND NOW, this 4th day of May, 2009, upon Commonwealth’s Motion to Revoke the defendant’s Bail, a hearing is
scheduled for the 28th day of May, 2009, in courtroom 1, at 2:45 p.m., Monroe County Courthouse, Stroudsburg, PA.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: District Attorney, CMblj; W. Niemoczynski Esq.; Diane’s Bail Bond, 43 N. 4th Street; Allentown, PA 18102; Sheriff’s
Office; MCCF
Vican, Ronald E.
1 05/06/2009
Order/Omnibus Pre-Trial Motion Hearing 6/17/2009
AND NOW, this 6th day of May, 2009, upon consideration of the foregoing Omnibus Motion, a hearing is hereby
scheduled for the 17th day of June, 2009, at 2:00 p.m. in Courtroom No. 1, Monroe County Courthouse, Stroudsburg,
PA.
BY THE COURT:
Ronald E Vican, P.J.
cc: Public Defender (WTN); District Attorney; Court Administrator; MCCF; Sheriff
Vican, Ronald E.
1 05/08/2009
Motion to Reschedule Revocation of Bail Hearing
Mancuso, Colleen
2 05/11/2009
Order Bail Hearing Rescheduled to June 1, 2009 at 2:00 p.m.
AND NOW, this 11th day of May 2009, the Commonwealth’s Motion to Reschedule Revocation of Bail Hearing is
GRANTED, and the hearing scheduled for May 28, 2009 is RESCHEDULED to June 1, 2009 at 2:00 p.m., in Courtroom
No. 1, Monroe County Courthouse, Stroudsburg, Pennsylvania.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: District Attorney (CM); Public Defender (WN); Probation; Sheriff; MCCF
Vican, Ronald E.
1 05/12/2009
Motion to Continue Omnibus Hearing
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 8 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
Niemoczynski, Wieslaw T.
1 05/13/2009
Order Granting Motion for Hearing
AND NOW, this 13th day of May 2009, upon consideration of the Motion to Continue Omnibus Hearing filed by defense
counsel, the continuance is GRANTED. The hearing scheduled for June 17, 2009 is CONTINUNED to June 25, 2009 at
9:45 a.m., in Courtroom No. 1, Monroe County Courthouse, Stroudsburg, Pennsylvania. For purposes of Rule 600,
delay reslluting from this continuance shall run against Defendant.
BY THE COURT:
RONALD E. VICAN, P.J.
cc: DA, Defense Counsel
Vican, Ronald E.
1 06/02/2009
Motion for Transcripts
Mancuso, Colleen
1 06/03/2009 06/01/2009
Order Granting Motion to Revoke/Release and Forfeit Bail – Senavitis, Thomas P.
AND NOW, this 1st day of June 2009, after hearing on this matter, it is the finding if the court that Defendant has
consumed alcoholic beverages while on bail before trial; that at the Carbon County Courthouse Defendant’s blood
alcohol content registered a .10; that Defendant consumed alcohol beverages prior to this; that Defendant operated a
motor vehicle on a public highway in the Commonwealth while under the influence of alcohol beverages to attend a
pre-trial conference at the Carbon County Courthouse.
In accordance therewith, WE FIND DEfendant to be a continuing danger to the motoring public. As a result
thereof. Defendant’s bail is REVOKED.
Defendant is remanded to the custody of the Sheriff of Monroe County pending trial.
BY THE COURT:
RONALD E VICAN, PRESIDENT JUDGE
cc: District Attorney; Public Defender; Probation; Sheriff; MCCF; M. McLaughlin-CPCMS; Court Administrator; S. Kern,
RPR
Vican, Ronald E.
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 9 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
2 06/03/2009
Order Granting Motion-Transcript-Bail Revocation Hearing
AND NOW, this 3rd of June, 2009, the attached Motion for Transcription of Testimony is Granted, and it is hereby
ORDERED that Susanne Kern, Court Reporter, transcribe the notes of testimony taken of the Bail Revocation Hearing,
held on June 1, 2009, before Ronald E. Vican, P.J.
Cost of the transcription to be paid by the District Attorney’s Office.
BY THE COURT:
Ronald E. Vican, P.J.
cc: DA, JMG; W.Niemoczynski, Esq.; Suzanne Kern, Crt Reptr
Vican, Ronald E.
1 06/25/2009
Order Directing Briefs to be filed
AND NOW, this 25th day of June 2009, this matter is taken under advisement. Counsel for the defense shall have
thirty (30) days from today’s date to file any briefs on the issues raised here this morning. The Commonwealth shall
have ten (10) days thereafter within which to file its brief in support of its opposition.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: Ronald E. Vican,P.J.; DA (CM); PD (WN); Probation; Sheriff; MCCF; M.McLaughlin,CPCMS; Crt Admin;
S.Kern,RPR
Vican, Ronald E.
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 10 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
1 06/30/2009
Order- Denying Defendant’s Motion for Reinstatement of Bail
AND NOW, this 30th day of June 2009, this matter comes before the court on Defendant’s oral motion for reinstatement
of bail raised at the the omnibus hearing on June 25, 2009. Briefly, on January 14, 2009, Defendant was charged with
Homicide By Vehicle While Driving Under the Influence, 75 §3735 §§A; two counts Aggravated Assault by Vehicle
While DUI, 75 §3735.1 §§A; Homicide By Vehicle, 75 §3732; DUI: General Imp/Inc of Driving Safely, 75 §3802 §§A1;
DUI: Highest Rate of Alcohol (BAC .16+), 75 §3802 §§C; four counts Recklessly Endangering Another Person, 18
§2705; Disregard Traffic Lane (Single), 75 §3309 §§1; Careless Driving, 75 §3713 §§A and Reckless Driving 75
§33093736 §§A Bail was set at $25,000.000 case monetary bail. On January 14, 2009, Defendant posted bail through
Diane’s 24-7 Bail Bonds, conditions of bail pursuant to Pa. R.C.P. 526 and 528. On April 29, 2009, the Commonwealth
filed a Motion for Revocation of Bail. A hearing was held on June 1, 2009, at which time testimony was presented that
Defendant, while under the influence of alcoholic beverages, operated a motor vehicle to attend a pre -trial conference at
the Carbon County Courthouse.1 Following the hearing, bail was revoked upon a finding that due to his conduct while
on bail before trial, Defendant is a continuing danger to the motoring public.
As stated under Rule 521 (A)(2)b)(ii), “before sentencing … defendant shall have the same right to bail as before verdict
unless the judge makes a finding … that the defendant poses a danger to any other person or to the community or to
himself or herself. The judge may revoke or refuse to set bail based upon such a finding.”
At the June 25, 2009 hearing, Defendant represented to the court that he would not consume alcohol if bail is
reinstated. It appears that Defendant has convinced himself as to the sincerity of his in -court representation; however,
the court is not equally convinced at this time; and finds Defendant to be a continuing danger to himself and the
motoring public. Accordingly, Defendant’s Motion for Reinstatement of Bail is DENIED.
BY THE COURT:
RONALD E. VICAN, P.J.
cc: DA (CM) PD (WN)
1. A Carbon County Probation Officer Tested Defendat’s blood alcohol content and it registered as .10 and testified that
Defendant admitted to having driven to the Carbon County Courthouse.
Vican, Ronald E.
1 07/24/2009
Notice of Appeal to the Superior Court
Niemoczynski, Wieslaw T.
2 07/24/2009
Defendant’s Brief in Support of Omnibus Pre-Trial Motion Seeking Habeas Corpus Relief
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 11 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
Niemoczynski, Wieslaw T.
1 07/28/2009
Concise Statement Order
AND NOW, this 28th day of July 2009, in accordance with Pa. R.A.P. 1925(b), Appellant(s) is/are DIRECTED as
follows:
(i) within twenty-one (21) days from the date of this Order’s entry on the docket, Appellant (s) shall file and serve a
concise statement of the errors complained of on appeal;
(ii) the concise statement shall be filed of record;
(iii) the concise statement shall be served on the judge pursuant to Pa. R.A.P. 1925(b)(1); and
(iv) any issue not properly included in the concise statement timely filed and served pursuant to subdivision (b) shall be
deemed waived.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: Ronald E. Vvican, P.J.; Office of District Attorney; Defense Counsel; Prothonotary/Clerk of Courts
Vican, Ronald E.
1 07/31/2009
Brief in Opposition to Petition for Writ of Habeas Corpus
Commonwealth of Pennsylvania
1 08/03/2009
Appeal Docket Sheet from Superior Court of PA 2134 EDA 2009
Superior Court of Pennsylvania – Eastern
District
1 08/05/2009
Certified Mail return receipt filed.
Warden, George J.
1 08/18/2009
Defendant’s Pa.R.A.P.1925(b) Concise Statement of the Matters Complained on Appeal
Niemoczynski, Wieslaw T.
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 12 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
1 08/26/2009
Concise Statement Order 1925a
AND NOW, this 26th day of August, 2009, after a review of Appellant’s Concise Statement of Matters Complained of
on Appeal, we determine that the rationale which forms the basis for denial of reinstatement of bail appears in this
court’s June 30, 2009 Order […after hearing, the court determined Defendant’ to be a continuing danger to himself and
the motoring public.]
BY THE COURT:
RONALD E. VICAN, P.J.
cc: Ronald E. Vican,P.J.; DA (CM); PD (WN)
Vican, Ronald E.
2 08/26/2009
Notes of Testimony/June 25, 2009
Kern, Susanne Regan
3 08/26/2009
Notes of Testimony/June 1, 2009
Kern, Susanne Regan
4 08/26/2009
Certificate of Service
Kern, Susanne Regan
1 09/18/2009
Opinion/Order Habeas Corpus DENIED *******************
AND NOW, this 18th day of September, 2009, based on the foregoing, Defendant’s Motion to Compel Discovery to
be MOOT; and Defendant’s Motion for Habeas Corpus relief is DENIED in its entirety.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: District Attorney (CM); Public Defender (WTN)
Vican, Ronald E.
1 09/21/2009
Inventory List and Certified Docket entries sent to Public Defender and District Attorney
Warden, George J.
2 09/21/2009
Original Record Sent to Superior Court
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 13 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
Warden, George J.
1 10/16/2009
Motion for Scheduling a Time Certain for Trial Hearing
Mancuso, Colleen
1 10/27/2009
Order- Granting Continuance/Call to List: December 16, 2009, 8:30 am – Courtroom No. 1
AND NOW, this 23 day of October, 2009, upon consideration of Defendant’s Motion for Continuance, and the
Commonwealth’s concurrence thereto, it is hereby ORDERED that the above case is continued from November 2009
Trial List and placed on the January 2010 Trial List, commencing at 8:30 a.m., in Courtroom No. 3, Monroe County
Courthouse, Stroudsburg, Pennsylvania.
Defendant is ordered for the Call of the List on December 16, 2009 at 8:30 a.m., in Courtroom No. 1, Monroe County
Courthouse, Stroudsburg, Pennsylvania.
For purposes of Rule 600, delay resulting from this continuance shall run against Defendant.
BY THE COURT:
MARGHERITRA PATTI WORTHINGTON, J.
cc: DA, PD (Wn/my), Probation
Worthington, Margherita P.
2 10/27/2009
Order Secheduling Conference on October 29, 2009
AND NOW, this 27th day of October 2009, upon motion of the Commonwealth, a scheduling conference is
scheduled for October 29, 2009 at 2:00 P.M., in Chambers, Monroe County Courthouse, Stroudsburg, Pennsylvania.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: District Attorney(CM); Public Defender (WN); Probation; Sheriff
Vican, Ronald E.
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 14 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
1 10/30/2009 10/29/2009
Order Additional Status Conference November 19, 2009
AND NOW, this 29th day of October 2009, an additional status/scheduling conference is set for November 19, 2009
at 11:00 A.M., Judge’s Chambers, Monroe County Courthouse, Stroudsburg, Pennsylvania.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: District Attorney (CM); Public Defender (WN)
Vican, Ronald E.
1 11/19/2009
Commonwealth Court Order/Attachment Order Filed
AND NOW, this 19th day of November 2009, this matter comes before the court for a scheduling conference. Present
are Colleen Mancuso, Esq. of the Commonwealth and Wieslaw Niemoczynski for the defense. Defendant’s counsel
informed the court that the defense is not ready to proceed to trial in January 2010; instead, reqeusted a trial date for
March 2010. Based on the foregoing, WE DIRECT as follows:
(1) Jury selection shall commence on Tuesday, March 9, 2010 at 9:00 a.m., Courtroom No. 1, Monroe County
Courthouse, Stroudsburg, Pennsylvania. **************
(2) Trial shall commence on Wednesday, March 10, 2010 at 9:00 a.m., Courtroom No. 1, Monroe County Courthouse,
Stroudsburg, Pennsylvania.
(3) Counsel for the respective parties: Assistant District Attorney Colleen Mancuso for the Commonwealth; and
Wieslaw Niemoczynski, Esq., Chief Public Defender, for Defendant Thomas P. Senavitis are ATTACHED [March 9-15,
2010] and are not released until this matter has been brought to conclusion.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: Ronald E. Vican, P.J., Office of the District Attorney Colleen Mancuso, Esq., Office of the Public Defender Wieslaw
Niemoczynski, Esq., Jury Management, S. Kern, RPR
em
Vican, Ronald E.
1 01/28/2010
Motion for Date Certain of Defendant’s Experts Reports
Mancuso, Colleen
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010
COURT OF COMMON PLEAS OF MONROE COUNTY
DOCKET
Docket Number: CP-45-CR-0000181-2009
Court Case
CRIMINAL DOCKET
Page 15 of 16
Commonwealth of Pennsylvania
v.
Thomas P. Senavitis
ENTRIES
Sequence Number CP Filed Date Document Date
1 02/01/2010 *************
Order/Present Any and All Expert Reports/02-24-2010
AND NOW, This 1st day of February 2010 upon the Commonwealth’s petition to require a date certain to receive the
defendant’s experts report, said petition is granted. The defense is ordered to present any and all expert reports, they
intend to use in trial, to the Commonwealth by February 24, 2010. ***********
BY THE COURT:
Ronald E. Vican, P.J.
cc: DA,CM; W.Niemoczynski,Esq. smr
Vican, Ronald E.
1 02/09/2010
Motion in Limine
Mancuso, Colleen
1 02/16/2010
Order Argument on Motion in Limine on 3/9/10 **************************
AND NOW, this 16th day of February, 2010, argument on the Commonwealth’s Motion in Limine, is scheduled for
the 9th day of March 2010, at 3:00 p.m. in Chambers.
BY THE COURT:
RONALD E. VICAN, PRESIDENT JUDGE
cc: Wes Niemoczynski, Esq.; Colleen Mancuso, Esq.
Vican, Ronald E.
1 02/18/2010
Application for Search Warrant and Authorization ***************************
Beers, Jason F.
Printed: 02/24/2010
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 – Rev 02/24/2010

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