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Home My WebLink About02-3806COMMONWEALTH OF PENNSYLVANIA DUSKO TORBICA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : : CIVIL ACTION/LICENSE · SUSPENSION APPEAL PETITION FOR APPEAl, FROM ORDER SUSPENDING DRIVING PRIVILF, GE Petitioner/Appellant, Dusko Torbica, by and through his attorneys, Killian & Gephart, pursuant to 75 Pa.C.S.A. § 1550, files this Petition for Appeal from an Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending Petitioncr/Appcllant's driving privilege, and in furtherance thereof, avers the following: 1. Petitioner/Appellant is Dusko Torbica, an adult individual residing at 100 South Filbert Street, Apartment E2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Petitioner possesses a currently valid Pennsylvania operator license number 26815534. 3. By letter dated July 17, 2002, the Pennsylvania Department of Transportation notified Petitioner/Appellant that as a result of his alleged violation of Section 3736 of the Vehicle Code, Reckless Driving, on August 21, 2002, his driving privileges were being suspended for a period of six (6) months. A tree and correct copy of the official notice of the suspension is attached hereto as Exhibit A and is incorporated herein. WHEREFORE, pursuant to 75 Pa.C.S.A. § 1550, Petitioner respectfully requests that this Honorable Court grant him an appeal from the suspension order, schedule a hearing to determine whether the order of the Department of Transportation should be set aside, and stay the suspension pending the hearing. Respectfully submitted, Date: August 7, 2002 Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Attorneys for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maii Date: JULY I7, 2002 DUSKO TORBICA 100 S. FILBERT ST. APT. E2 MECHANICSBURG PA 17055 WID # 021919283817863 001 PROCESSING DATE 07/10/2002 DRIVER LICENSE # 26815534 DATE OF BIRTH 10/05/1977 Dear MR. TORBICA: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 07/09/2002 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 04/27/2002: Your driving privilege is SUSPENDED for a peniod of 6 MONTH(S) effective 08/21/2002 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should fo~ow ALL instructions very carefully. Even if you have served all the tlme on the suspension/revocation, we cannot restore your drivlng privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/21/2002. You may surrender these items before, 08/21/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension untll we recelve your license(s). Complete the following steps to acknowledge this suspension. 021919283817865 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving priviIege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsyivania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you wiii not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this ietter. If you do not return aII current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Pennsylvania Vehicie Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored To from a suspension/revocation of your driving privilege. pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application, 2, Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. 0219192838178~3 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZmmoPtant: Please make sure that PennDOT is notified i~ you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, dULY 17, 2002, of this letter. Zf you flle an appeal in the County Court, the Court wlll 91ye you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this t/me-stamped certified copy of the appeal by certif/ed mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 08/21/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-G190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-$91-6191 CERTIFICATE OF SERVICE On this 8th day of August, 2002, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, certified mail-return receipt requested, postage prepaid, addressed to: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfiont Office Center Harrisburg, PA 17104 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 (7) COMMONWEALTH OF PENNSYLVANIA Vo DUSKO TORBICA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. ~2) ,,~ - .~ ~- o G AU~I~ 9 2002 : CIVIL ACTION/LICENSE : SUSPENSION APPEAL ORDER OF COURT AND NOW, upon consideration of the foregoing Petition for Appeal of Order Suspending Driving Privilege, it is hereby ORDERED that a hearing is scheduled for ~ _ / ! , 2002, at /d, 300 clock /~M. to detemdne whether the order of the Pennsylvania Department of Transportation should be set aside. It is further ORDERED that the Pennsylvania Department of Transportation's order suspending Petitioner's driving privilege be STAYED pending the hearing in this matter. Distribution: Heather M. Faust, Esquire Pennsylvania Department of Transportation By the Court: eJ' COMMONWEALTH OF PENNSYLVANIA Vo DUSKO TORBICA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3806 : : CIVIL ACTION/LICENSE : SUSPENSION APPEAL ORDER OF COURT ANDNOW, this ,~ng& ~?~yof /~ ~z~_~ ,2002, itishereby ORDERED that the hearing currently scheduled for Friday, October 11, 2002, at 10:30 a.m., is rescheduled for ~ o~ 3J ., 2002, at ~50 o'clock /~-rM. to detei~ifine whether the order of the Pennsylvania Department of Transportation should be set aside. It is further ORDERED that the Pennsylvania Department of Transportation's order suspending Petitioner's driving privilege be STAYED pending the hearing in this matter. By the Court: Distribution: ,~eather M. Faust, Esquire ~Mr. George Kabusk, Pennsylvania Department of Transportation ¥tNVATASNN~Ia L 0 :Ell N~ ~- ~3S ~0 SMITH B. GEPHART THOMAS W. SCOTT JANE GOWI~I PENNY TERRENCE J. McGOWAN PAULA J. McDERMOTF J. PAUL HELVY MICHAEL J. O'CONNOR HEAII"IER M FAUST THE LAW FIRM OF KILLIAN & GEPHART, LLP 218 PINE STREET P. O. BOX 886 HARRISBURG, PENNSYLVANIA 17108-0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart.com Of Cotmse[: JOHN D. KILLIAN August 22, 2002 The Honorable George E. Hoffer President Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 By Fax (717) 240-6462 and Regular Mail Re: Commonwealth of Pennsylvania v. Dusko Torbica Docket No. 02-3806 (Cumberland Co.) Dear Judge Hoffer: In accordance with your secretary's request, enclosed please find a proposed order rescheduling the hearing in the above-captioned case based on Attorney Kabusk's unavailability on October 11, 2002. HMF/kjh Enclosure cc: George Kabusk, Esquire Mr. Dusko Torbica Very truly yours, Heather M. Faust COMMONWEALTH OF PENNSYLVANIA Vo DUSKO TORBICA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3806 : : CIVIL ACTION/LICENSE : SUSPENSION APPEAL AND NOW, this __ v..~ ORDER OF COURT day of ,2002, it is hereby ORDERED that the heating that was scheduled for Friday, October 25, 2002, at 9:30 a.m., is rescheduled for (~~ /? , 2003, at ~'30 o'clock ~TM. to determine whether the order of the Pennsylvania Department of Transportation should be set aside. It is further ORDERED that the Pennsylvania Department of Transportation's order suspending Petitioner's driving privilege be STAYED pending the heating in this matter. By the Court: Distribution: Heather M. Faust, Esquire Mr. George Kabusk, Pennsylvania Depax'hiient of Transportation SMITH B. GEPHART THOMAS W. SCO'IT JANE C-OWEN PENNY TERRENCE J. McGOWAN PAULA J. McDERMOTT J. PAUL HELVY MICHAEL J. O'CONNOR HEATHER M. FAUST THE LAW FIRM OF KILLIAN & GEPHART, LLP 218 PINE STREET P. O. BOX 886 HARRISBURG, PENNSYLVANIA 17108-0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart, com Of Counsel: JOHN D. KILLIAN November 1, 2002 The Honorable George E. Hoffer President Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Commonwealth of Pennsylvania v. Dusko Torbica Docket No. 02-3806 (License Suspension Appeal; Cumberland Co.) Dear Judge Hoffer: In accordance with your secretary's request, enclosed please find a proposed order rescheduling the hearing in the above-captioned case due to the fact that the de novo trial regarding the reckless driving charge will not be completed until Tuesday, December 31, 2002. HMF/kjh Enclosure cc: George Kabusk, Esquire Mr. Dusko Torbica Very truly yours, Heather M. Faust COMMONWEALTH OF PENNSYLVANIA Vo DUSKO TORBICA · IN THE C. OURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. 02-3806 · CIVIL ACTION/LICENSE · SUSPENSION APPEAL ORBER AND NOW, thisl~__ day of January, 2003, upon consideration of the foregoing Motion to Withdraw Petition for Appeal from Order Suspending Driving Privilege, it is ORDERED that the appeal filed in the above-captioned matter is hereby WITHDRAWN and the hearing scheduled for January 17, 2003, at 9:30 a.m., is hereby CANCELED. By the Court: