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HomeMy WebLinkAbout99-06562 zin 33 s G? c 1 0 ?. f 5 ,, 3 yt b; x , + A' ri ? v ? , ? •. . k Y ri Y. t a 4,xx? e 5 , a'?- F ? ?' 1 p ? y ht '?i'YxY6 ? a }} 4? - - '? 137 t k h + tit -. a ? z4ti ,. ? T s a x r' V V 1. ' t Y% , CATHERINE A. VOPiCHAKioner VS. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION . Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99- Gsea 12;v4(. AND NOW, this day of October, 1999, upon consideration of the within petition, it is hereby ordered and decreed that a hearing be held on the '? t/7 day of c ' n_ o'clock in Courtroom -V- -, Cumberland county son at ?- fy:ps}, Courthouse, Carlisle, Pennsylvania. Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. BY THE COURT, rL ..t'I J. P, ?. CATHERINE A. VORCHAK, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY?, PENNSYLVANIA NO. 99. GS"G L / 'cut:P r[c• AND NOW, this day of October, 1999, comes Catherine A. Vorchak, by her attorney, Anthony L. DeLuca, Esquire who respectfully represents: 1. Your Petitioner, Catherine A. Vorchak is an adult individual residing at 1558 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Your Petitioner is a licensed automobile operator in the commonwealth of Pennsylvania. 3. Your Petitioner has received notice of a license suspension, a copy of which is attached hereto and made a part hereof as Exhibit "A". 4. Your Petitioner believes, and therefore avers, that said license suspension is illegal, improper and unjust for reasons which include, but are not limited to, the following: A. The school bus was not stopped in the intersection; B. The school bus was more than ten (10) feet away from Petitioner's vehicle; C. The flashing red signal lights were not actuated; and D. The color of Petitioners vehicle was not included in the report of the school bus operator. WHEREFORE, your Petitioner respectfully requests that this Honorable court hold a hearing to determine the validity of the suspension outlined in Exhibit °A°. Respectfully Submitted, GZ SLID ??d..ra ? .!!y/K?CLw? c?. Anthony L. eLUca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Catherine A. Vorchak kE 4 t I X ' L {?' ^ I y'Y, :w 1 l? C Y,. t?`3y" Y Q IaY.i.15 $Ji 4uf ^J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing -"' Harrisburg, PA 17123 SEPTEMBER 30, 1999 CATHERINE A VORCHAK 992669283109158 001 1558 BOILING SPRINGS RD 09/23/1999 24568143 BOILING SPGS PA 17007 01/28/1946 Dear Motorists As a result of your conviction on 09/03/1999 of violat- ing section 3345A of the Vehicle Code PASSING A SCHOOL BUS on 06/03/1999, 5 points have been assigned to your record. As mandated under Section 1535 of the Vehicle Code, a 60 DAY(S) suspension is hereby imposed. In order to comply wi%h this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the OL16LC Ferm, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 11/04/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. EXHIBIT "A" 992669283109158 You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, SEPTEMBER 30, 1999. If you file an appeal in the county Court, the Court will give you a time- stamped certified copy of the appeal. Send this time- stamped certified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ri ti c Lf Q? u Cv ? C: It' i LIN UO h Q N ; O E a w a a u J o _ a o z a b 3 • w z a N p 5a O u ?+ a r4 > a o a w J $ O u 4 W W } a a ? H .a ' y 0 ?? z a U i £ y f' w M a x 2 ° H z z Q ??qq u z m o u a 'a H u z v: 0 CATHERINE A. VORCHAK, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-6562 Civil Tenn COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORATION Defendant Sir: Kindly discontinue the above captioned matter. TO: Curtis R. Long, Prothonotary By: / . +. Anthony . eLuca 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717)258-6844 DATE: March 28, 2000 i j' snILE) a U