HomeMy WebLinkAbout03-5542Julie A. Johnsen,
Appellant
Commonwealth of PA,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No.: 0,~- ,~ff'~,Z Civil Term
APPEAL FROM DRIVER'S LICENSE SUSPENSION
1. Appellant herein is Julie Ann Johnsen, residing at and having a mailing address of: 22
South Letort Drive, P.O. Box 373, New Kingstown, PA 17072.
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania (PennDOT), having a mailing address of: Pennsylvania Department of
Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg,
Pennsylvania 17104-2516.
3. On July 3, 2003, Appellant was driving and was stopped by a law enforcement officer on
suspicion of driving while intoxicated.
4. The officer asked Appellant to take a breathalyzer test. Appellant repeatedly blew into
the breathalyzer machine but could not muster enough breath to register an accurate blood-
alcohol level.
5. The officer assumed Appellant's failure muster sufficient breath to register on the
breathalyzer as a refusal to submit to a sobriety test and reported Appellant to PennDOT
pursuant to 75 Pa.C.S. §1547(b)(1).
Pa.C.S. §1550(b) pending said hearing, and that PennDOT's suspension of Appellant's driving
privileges is lifted.
Date:
Respectfully Submitted,
THE LAW (~.~'IC~OF PAUL B~RD ORR
By:~-~ ~1'~~
Paul Bradford Orr~c uire
Attorney for Appellant
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Julie A. Johnsen,
Appellant
Commonwealth of PA,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No.: Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on this date, I mailed a true copy of this Driver's License Suspension
Appeal to the following person at the following address by U.S. Mail, Certified mail, postage
prepaid, return receipt requested, delivered to addressee only:
Date~~--~
/0/;/1o
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Hatrisbl ' e)~k7104'2516 ~By: ~~ .
?aul Bradford Orr, rare
Attorney for Appellant
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Julie A. Johnsen,
Appellant
Commonwealth of PA, i
Department of Transpo~ation,
Bureau of Driver Licensing,
Appellee
IN THE COURT O17 COMMON PLEAS
OF CUMBERLAND COUNTY
No.: 03- 55'-(t~ Civil Term
AND NOW, th
appeal, a hearing shall
/OF~M in Courtroom ~
AND NOW, ~
supersedeas pursuant
Paul Bradford Orr, E
Law Offices of Paul
50 East High Street
Carlisle, PA 17013
Pennsylvania Depart
Office of Chief Corn
Third Floor
Riverfront Office Ce
Harrisburg, PA 17 l (
ORDER
_f~/~day offS003, upon consideration of Appellant's
held on the ~ ~ ~day of_~ _~003, at //f(Srg)o'clock
qumber _.~ , Cumberland County Courthouse, Carlisle, Pennsylvania.
ppellee is hereby ordered to reinstate Appellant's driving privilege
75 Pa.C.S. §1550(b) pending said hearing.
aire
;radford Orr
BY THECOURT:
nent of Transportation
sel
nter
4-2516
Julie A. Jolmsen,
Appellant
Commonwealth of PA,
Department of Transportation,
Bureau of Driver Licensing,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. 03-5542 Civil Term
. ,,~, ~ · ,2003, upon agreement between the
ctayox~ _,~v~
parties, it is ordered and directed that the Perm Dot Appeal originally scheduled for December
29, 2003 at 11:00 am, is hereby continued until February 9, 2003 at 1:30 pm.
BY THE COURT:
~. ~au~l Bradford Orr, Esquire
50 East High Street
Carlisle, PA 17013
qdSennsylvania Department of Transportation
Office of Chief Counsel
Third Floor
Riverfront Office Center
Harrisburg, PA 17104-2516
JULIE A. JOHNSEN,
PETITIONER
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
RESPONDENT :
0 b 2004
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
pENNSYLVANIA
No. 03-5542
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this ~ day of ~/V · ,2004, upon
consideration of the Department's Motion to Quash Appeal as being untimely filed, this Court
finds that the appeal was not filed and perfected within the thirty days allowed by law.
Accordingly, the license suspension appeal is QUASHED and DISMISSED for want of
jurisdiction.
BY THE COURT
DISTRIBUTION:
George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd
South Front Street, Harrisburg, PA 17104-2516 \ ,~ ~ - ~'
Floor, 1101
Paul B. Orr, Esquire, 50 East High Street, Carlisle, PA 17013
JULIE A. JOHNSEN
V=
COMMONWEALTH OF PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 03-5542 CIVIL TERM
DEPT. OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
IN RE: LICENSE SUSPENSION APPEAl
ORDER OF COURT
AND NOW, June 1,2004, the Court notes that a final order was entered
in this case on February 6, 2004, when the appeal was quashed and
dismissed.
./Julie A. Johnsen, pro se
PO Box 373
New Kingstown, PA 17072
,/D~eeOrge Kabusk, Esquire
partment of Transportation
Commonwealth of Pennsylvania
3rd Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
By the Court,