HomeMy WebLinkAbout98-04235
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3. By Official Noticcs datcd and mailcd, Junc 24, 1998, Kurt J. Mycrs, Dircctor, Burcau
of Motor Vchiclcs, suspended Petitioner's mechanic ccrtification (Exhibit ^ attached) and
Certificatc of Appointment as an Official Inspection Station (Exhibit B attached).
4. Said suspcnsions arosc out of thc same opcrativc facts, namcly an allcgcd faulty
inspection ofa 1986 Pontiac Coupc, Rcgistration number BPT-4887. (See Exhibits A and
B.)
5. Petitioner denies that he perfonned a faulty inspection upon said vehicle, and avers that
the vehicle was sold and changed hands two times from the datc ofthe original inspection by
Glover and the date that the vehicle was rcinspected by Penn DOT's Quality Assurancc
Officer Thomas Monko.
6. Petitioner avcrs that thc tircs on the vehiclc at the timc of inspection were removed and
replaced with infcrior tires subsequent to the official inspection conducted by Petitioner.
7. Petitioner avers that the prior owner (who owned the vehicle at the time Petitioner
inspected it) and another witness personally observed the currcnt teenage owner ofthe subject
vehicle (which is easily recognizable due to distinct painted racing stripes) making off-road
use ofthe vehicle: namely, driving it over and through the fields and hills of Perry County.
8. Petitioner is prepared to submit expert testimony at trial that said off-road use ofthe
vehicle would most likely damage the exhaust systcm and cause excessive stress on the metal
underbody of the vehicle, which Quality Assurance Officer Monko cited as supporting the
alleged faulty inspection by Petitioner.
9. For the foregoing reasons, Petitioner avers that the two-month suspension of his
mechanic and station inspection privileges is not supported by the facts and is not supported
bylaw.
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WHEREFORE, pursuantto Sections 4 724(b ) and 4 726( c) of the Vehicle Code, 75 Pa, C.S.
Sections 4724(b) and 4726(c) (relating to Judicial Review), Citizen Glover invokes his
statutory right of appeal and respectfully requests that this Court set this matter for a hearing
de novo; grantthe Petitioner's appeal; and reverse and set aside the orders of the Department
of Transportation, Bureau of Motor Vehicles.
Respectfully submitted:
I
Philip L. Zulli, Esquire
Attorney for Petitioner
Attorney 10. NO. 47499
1501 North Front Street
Harrisburg, PA 17102
(717) 238-9004
(71 7) 238-3230 (Fax)
July 21, 1998
CONTINUED FROM PREVIOUS PAGE
(Page 2 of 2)
You have a right to appeal this departmental Order of Sus-
pension and Fine to the Court of Common Pleas of the County
in which the above referenced inspection station is located
WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER. If
you do file an appeal, a signed and time-stamped copy of the
appeal must be served upon the Department at the mailing ad-
dress listed below. FILING OF AN APPEAL DOES NOT AUTOMAT-
ICALLY STAY THE SUSPENSION. In order for your privileges to
be restored pending appeal, a signed Order of Supersedeas
from the Court directing the Department to stay the suspen-
sion and the fine must be served upon the Department at the
mailing address listed below.
MAILING ADDRESS:
Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 S. Front Street, 3rd Floor
Harrisburg, PA 17104-2416
Sincerely,
_=9- '"
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Kurt J. Myers, Director
Bureau of Motor Vehicles
CONTINUED FROM PREVIOUS PAGE (Page 2 of 2)
You have a right to appeal this departmental Order of Sus-
pension and Fine to the Court of Common Pleas of the County
in which the above referenced inspection station is located
WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER. If
you do file an appeal, a signed and time-stamped copy of the
appeal must be served upon the Department at the mailing ad-
dress listed below. FILING OF AN APPEAL DOES NOT AUTOMAT-
ICALLY STAY THE SUSPENSION. In order for your privileges to
be restored pending appeal, a signed Order of Supersedeas
from the Court directing the Department to stay the suspen-
sion and the fine must be served upon the Department at the
mailing address listed below.
MAILING ADDRESS:
Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 S. Front Street, 3rd Floor
Harrisburg, PA 17104-2416
Sincerely,
.- ---=:"7'"'- .-;;~ --
~~
Kurt J. Myers, Director
Bureau of Motor Vehicles