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Home My WebLink About04-1626COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee VS. JULIE ANN JOHNSEN, Appellant : APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAl, FROM I,ICENSE SUSPENSION AND NOW, comes Appellant Julie Ann Johnsen, by and through her attorney, James K. Jones, Esquire, and brings the following petition: 1. Appellant Julie Ann Johnsen is an adult individual who resides at 22 S. Letort Drive, Carlisle, Cumberland County, Pennsylvania. 2. On or about July 3, 2003, Appellant was arrested upon suspicion of driving under the influence in Middlesex Township, Cumberland County, Pennsylvania. 3. This arrest for driving under the influence lacked probable cause due to the lack of reasonable grounds upon which to suspect that Appellant was driving under the influence of alcohol or controlled substances. 4. Based upon the arrest, Appellant was brought to the Cumberland County Booking Center in Carlisle, Pennsylvania where she was requested to submit to a breathalyzer test. 5. Appellant used her best efforts to comply with the request from the breathalyzer operator but was unable to provide a sufficient sample for the machine due to her lack of comprehension of the directions given to her by the operator. 6. Appellant does not recall being warned that if she failed to comply with the request of the breathalyzer operator that her license would be suspended for a period &one year. 7. On March 18, 2004, Appellee mailed an Official Notice of Suspension of Appellant's driving privileges due to the chemical test refusal on July 3, 2003. WHEREFORE, Appellam requests this Court to schedule a hearing on the propriety of Appellant's license suspension and stay the imposition of the license suspension pending the hearing and after said hearing deny Appellee's suspension of Appellant's driving privileges. Respectfully submitted, jAt/t6mey for Appell~ 6,7Irvine Row Carlisle, PA 17013 (717) 240-0296 I verify that the facts said forth in the foregoing Petition for Appeal from License Suspension are true and correct to the best of my knowledge, information and belie£ I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. COMMONWEALTH OF PENNSYLVANIA: COURT OF COI~VION PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND ,COUNTY, pENNSYLVANIA BUREAU OF DRIVER LICENSING', Appellee · No. Oq--/g2( Gib'lt. 7-f.l~/rt VS. JUL1E ANN JOHNSEN, Appellant : APPEAL FROM iLICENSE SUSPENSION AFFIDAVIT OF SERVICE AND NOW, this ~$'T# day of April, 2004, that I, James K. Jones, Esquire, do hereby certify that I served a true and correct copy of the Petition for Appeal from License Suspension in the above captioned matter to Appellee by certified mail. Said return receipt is attached hereto indicating service was made on April 19, 2004. Date: Jame2~ones, Esquire~ · Complete items 1, 2, and 3. Atso complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If apace permits. O~fice of Chief Counsel ~ Dept. of Transportation 1101 S. Front Street, 3rd Harrisburg, PA 17104-2616 A. Received by (P/ease Print Clearly) B. Date of Deliver/ C. Signatur~ [] Agent X- .... , ,~ ........ ~J~ Addressee it YF.~,['~,g~''-' - - ~ ~'n~"'""~'lUlideiivery add m~ ~/:)~v! [] No ,ce APR I 9 2004 I .oor nFl:ICE OF CHIEF COUNSEL J 3. sew~e ~l~lme a T[~i[[u Law ~ ~ Mall ~ ~ Mail ~ R~i~e~ ~ R~urn R~el~ for M~handi~ ~ Insu~ MNI ~ C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7002 2410 PS Form 3811, Mamh 2001 0007 8509 7299 DO m · s,~t..~J;i.iq ec ei p t COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee : No. 0 VS. JULIE ANN JOHNSEN, Appellant : APPEAL FROM LICENSE SUSPENSION AND NOW, this day of iq ~/~ t , ,2004, upon consideration of Appellant's Petition for Appeal from License Suspension, a hearing on the matter is scheduled for the ff~'.t~dayof~.~?~2004, at ~2;3d~ ~.m. in Courtroom Number of the Cumberland County Cogrthp,use, Qarli~le, Pennsylvania. ! 1 ~tl neann ~x dl~ ~nmt ~, ....... ~p~llan~i'd~'ing'Ix~ges James K. Jones, Esquire Attorney for Appellant / 7 Irvine Row Carlisle, PA 17013-3019 Vehicle and Traffic Law Office Office of Chief Counsel PA Dept. of Transportation 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2616 ~XJ.NNOO kh¥iONOt~OHd H~ ~ COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLANI) COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee : No. 04-1626 CIYqL TERM VS. JULIE ANN JOHNSEN, Appellant · APPEAL FROM LICENSE SUSPENSION MOTION TO WITHDRAW AS COUNSEl, 1. Petitioner is James K. Jones, Esquire, attorney for Appellant in the above captioned matter· 2. On April 15, 2004, at the direction of Appelhmt, Petitioner filed a Petition for Appeal from License Suspension in the above captioned matter. 3. Subsequent to the filing of the petition, Petitioner learned that a similar appeal had been quashed and dismissed on February 6, 2004 under Docket No. 03-5542 Civil Tenn. 4. The February 6, 2004 order was not appealed to the Superior Court. 5. As Petitioner's petition addresses the same issues that were dismissed by this Court's February 6, 2004 order, Petitioner believes that the petition in the above captioned matter has no merit. 6. Petitioner has discussed this matter with Appellant and Appellant desires to continue with this matterpro se. 7. Petitioner desires to withdraw as counsel for Appellant under these circumstances and Appellant does not object to this requested relief WHEREFORE, Petitioner James K. Jones, Esquire reffaests leave to withdraw as counsel for Appellant in the above captioned matter. . Respectfully submitted, Carlisle, PA 17013-3019 (717) 240-0296 I agree that James K. Jones, Esquire, should be permitted to withdraw as my attorney in this matter and I further desire to proceed with this appeal without an attorney. COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAI~ff) COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee : No. mq- 1(26 VS. JULIE ANN JOHNSEN, Appellant : APPEAL FROM LICENSE SUSPENSION CERTIFICATE OF SERVICE I, James K. Jones, Esquire, do hereby certify that on this day Petitioner's Motion to Withdraw as Counsel was served by First Class Mail, postage pre-paid upon the following persons: Vehicle and Traffic Law Office Office of Chief Counsel PA Department of Transportation 1101 S. Front Street, Third Floor Harrisburg, PA 17104-2616 Date: JameS..~5Io~ s, -Esquire AtroPhy for Appellant 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, VS. JULIE ANN JOHNSEN, Appellant : APPEAL FROM LICENSE SUSPENSION AND NOW, this [ { /-~ day of V'/4,~-? , 2004, upon consideration of the Motion to Withdraw as Counsel, and all other matters of record, James K. Jones, Esquire, is granted leave to withdraw as counsel for Appellant in the above matter. BY THE COURT, COMMONWEALTH OF PENNSYLVANIA: COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, VS. JULIE ANN JOHNSEN, Appellant : APPEAL FROI~[ LICENSE SUSPENSION Withdraw my appearance as counsel for Appellant Julie Ann Johnsen in the above matter pursuant to the court order dated May 11, 2004. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee V JULIE ANN JOHNSEN, Appellant IN THE ,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1626 CIVIL TERM CIVIL ACTION - LAW APPEAL FROM LICENSE SUSPENSION IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 29th day of July, 2004, upon consideration of Appellant's Petition for Appeal from License Suspension, and it appearing to the Court that the present appeal represents an attempt to relitigate a suspension matter previously disposed of by the Honorable George E. Hoffer of this court on February 6, addition is untimely, appeal is granted. 2004, at No. 03-5542 Civil Term, and in the motion of Appellee for dismissal of the By the Court, J{~Wesley~r, ~I,~. , ~eorge Kabusk, Esquire Vehicle and Traffic Law Office PA Dept. Of Transportation 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2616 For Appellee ~ulie Ann Johnsen, Pro Se P.O. Box 373 New Kingstown, PA 17072 Appellant :mae