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BOLLINGER APPEAL (12/01/75)

decided: December 1, 1975.

BOLLINGER APPEAL


Appeal from order of Court of Common Pleas of Blair County, No. 31775-107 of 1975, In Re: Leslie Bollinger.

COUNSEL

James H. English, Assistant Public Defender, for appellant.

Frederick B. Gieg, Jr., Assistant District Attorney, with him Amos C. Davis, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Hoffman, J. Van der Voort, J., dissents.

Author: Hoffman

[ 237 Pa. Super. Page 254]

Appellant, a juvenile, challenges the lower court's order which required her to pay restitution under 11 Pa. C.S. § 2002.*fn1

On September 27, 1974, appellant, who was then seventeen years old and who did not have a driver's license, borrowed one Mrs. Mildred Salyard's Ford Maverick. At about 2:00 p.m., appellant, accompanied by a schoolmate, was driving on Logan Boulevard in the City of Altoona, when her car collided with a 1970 Chevrolet owned by Joseph Blazevich. Appellant panicked because she had no license and sped from the scene of the accident. A witness to the accident picked up Blazevich and unsuccessfully attempted to overtake the Maverick. Although not stated explicitly in the record, police apparently discovered that Mrs. Salyard owned the car by tracing the license plate number. She apparently revealed that appellant had borrowed the car.

After investigating the facts surrounding the accident, Officer Milliron of the Altoona Police Department swore out a complaint charging appellant with violation of §§ 601 and 1027 of The Vehicle Code.*fn2 On March 13, 1975, a preliminary hearing was held before the juvenile court. Barbara Reiger, appellant's companion at the time of the accident, testified that a man (Blazevich) had run the red light, that appellant then had hit Blazevich's vehicle and that they had kept on going. The matter

[ 237 Pa. Super. Page 255]

    was returned to the juvenile court for an adjudicatory hearing. Appellant appeared before the court on April 16, 1975, at which time she admitted that she had no license and that she left the scene of the accident because she was afraid. The court issued the following order: ". . . we direct: . . .

"2. That you remain on probation in the custody of your mother until attaining the age of 18 during which period of time you shall neither receive a permit nor a license to operate a motor vehicle.

"You and your mother further are directed to make restitution to Mr. Blazevich or his Insurance Carrier who has paid the same the costs of the repairs of his motor vehicle; to wit, the sum of $210 or such amount less than that as is determined by the Director of Fines and Costs to have been the damages sustained."

During the course of the hearing, appellant's counsel contended that the court could not order restitution under 11 Pa.C.S. § 2002 because appellant's delinquent acts did not cause the accident: "Your Honor, while we are admitting to the charges we're not admitting to any restitution. The question of the ...


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