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Home My WebLink About00-07729 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION No. 00-7729 vs. COUNTRY CORNER RENTAL CENTER, INC., RONALD E. FINK, PRESIDENT PETITIONER CIVIL ACTION PRAECIPE OF APPEARANCE Please enter my appearance on behalf of the Commonwealth of Pennsylvania, Department of Transportation, in the above-entitled action, and serve all documents upon me at the address listed below. R~&:: Elaine Blass Assistant Counsel Motor Vehicle Section Depariment of Transportation Riverfront Office Center - 3rd Floor 1101 S. Front Street Harrisburg,PA 17104-2516 Attorney ID #43097 DATED: January 25,2001 cc: H. Anthony Adams, Esquire 128 E. King Street Shippensburg, P A 17257 ~ I "--J ,~ ~r _''''l..=. ..M'.'... lilILi!lf~J(,.~l.!I,llil!I!i:f~filGKft!hIiM",;;b';,",'_I,~'i;l>l'L",""'-C._"'''-'*,.",-'U~w;;'>'Ii,i'liwjli'_l<:i: ",~ ",,- '10''''1".- -"~ ~~.,-=~",,=- '~~'~~""'lill..,,~_~ () "f,; .".::':" mCb -",U1 "'-=0 i53S; rs.<:: ~O )5;: <:() ~O ~!i :< . - (JoI .> ~, i_I Q k ;;;;:: C) ~r-r :~;-.! ,:',:; :JJ f"- _~,:;-:J7] ,~H:;:;' '-J. .~:;:j s.:> :~~ C)rI1 .-I 3'; -;: - I'v l.O ::p ..J!:: I\) -. - NO\f - 1 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, VS. : NO. tftJ. "J7().1 ~ : CIVIL ACTION COUNTRY CORNER RENTAL CENTER, INC., RONALD E. FINK, PRESIDENT PETITIONER ORDER OF COURT AND NOW, this8t.hday of NOVu-n/;tIl, 2000, after consideration of the facts set forth in the attached Petition and upon the motion of H. Anthony Adams, Attorney for Petitioner, a hearing i~scheduled for the ,}.It/,(day oJ... Fz.6elAAd ,200_, at poo o'clock~m., in Courtroom Number~, of the Cumberland County Courthouse, Carlisle, Pennsylvania. The suspension and any fine imposed by the Commonwealth is stayed pending appeal. ~~e~ E:d,,~ E. Cu,'dd J. ~~ 11-9-00 "KS j~'- j , ,,> " "---,~,-,'~"-'- - Vt'" :- ","::,-_'1'_:" ~ - _r_ ."- " "__". '__ _ ^_ _,' 'r' , t'CI.._-, .,'" ,ru. . - ..- " " , .~ ;'". _.::~ ~ilIii:l1_I-' '_~J.\-",., ~- C~--,",,,,,",,,,,",'~~~_N_' "=" "' .,""',~ "---... '~ " ~ c~ ~:'f_.\~_H)~~~:~\~_ji:bt,~y " , ,I 1\ , m ! I 00 NO\! - 9 [\1110: 112 CUMBcFIUJ\JQ COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, VS. 0-0.71;2.. 9 ~ TLv- : NO. : CIVIL ACTION COUNTRY CORNER RENTAL CENTER INC., RONALD E. FINK, PRESIDENT PETITIONER PETITION FOR APPEAL Now comes the Petitioner, Country Corner Rental Center, Inc., by and through its President, Ronald E. Fink, and sets forth the following. 1. Petitioner is Country Corner Rental Center, Inc., a Pennsylvania Corporation, doing business at 20 W. Orange Street, Shippensburg, Cumberland County, Pennsylvania. 2. Respondent is the Commonwealth of Pennsylvania Department of Transportation, doing business in Harrisburg, Pennsylvania. 3. On or about October 31, 2000 the Commonwealth of Pennsylvania suspended the certificate of appointment as an official inspection station which had previously been given to Petitioner. 4. The suspension was given as a result of a finding of alleged fraudulent record keeping and faulty inspection regarding a 1988 Ford Bronco. 5. The suspension is not warranted in as much as, the findings of fraudulent record keeping and faulty inspection are not supported by the evidence. 6. The Petitioner has lost and will continue to lose customers, money and good will as a result of the actions of the Commonwealth of Pennsylvania and asks that the Court stay the suspension pending a hearing. Wherefore, Petitioner prays your Honorable Court dismiss the action against him and issue a stay of license pending a hearing. Respectfully submitted, H. Anthony Adams, Attorney for Petitioner 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ,M""','" .- , - _ r;-~,_-_"l",,~_ '~__--:,*:;_~' _ ',-,,'''''_' 'I~-_~_'- -~- ,.. 7"<-''- ' _, '. 0 -~ 1-' JJ 'n , I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: IO'2/-;lt!oo BY: Ro aid E. Fink, President Country Corner Rental Center, Inc. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 17122 October 30, 2000 Mr. Ronald E. Fink Country Corner Rental Ctr., Inc. O.1.S. #T-658 20 West Orange Street Shippensburg, PA 17257 ~,~ fl" "" "lotl(,_~ ,~ jHUIOn lOPY ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby notified that your Certificate of Appointment as an official safety inspection station is suspended, pur- suant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended one (1) year for fraudulent record keeping and two (2) months for faulty inspection on a 1988 Ford Bronco (sticker #AIO-3184604) by mechanic Charles T. Laughman, Opr. #17-886-092. Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run concurrently X consec- utively for a total suspension of one (1) year and -two (2) months. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Trans- portation, your Certificate(s) of Appointment and all safety inspection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Officer for reap- pointment. A complete and thorough investigation may be conducted to determine if you are qualified for reappoint- ment. CONTINUED ON NEXT PAGE (Page 1 of 1) ~1 ~ ,-~ """"'""'I -' CONTINUED FROM PREVIOUS PAGE (Page 2 of 2) You have a right to appeal this departmental Order of Sus- pension 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 address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be re- stored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension and the fine must be served upon the Department at the mail- ing 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, ~-c.;:::::';~,;;:~:~;::?:~~--"~ ~ /"" Kurt J. Myers, Director Bureau of Motor Vehicles ".r'~ " .r ............, iu,m ~ -- '"" .~ ~ , .,' ."- - (') 0 0 ~ a "11 \ ~ ~, :$;. 0 <A ~ -On} nlf't'J " . \ 2- -I .;,~~ __I.' ~, \ \ ~ ~ Zf'~- {".l ~~1;:3 (/)5.-, V\ --< :.::': \;\ ~o 5j~~ ""- \~~ 't, ~ --r:~ C\ \ 20 ::>!: ~~(''5 I::) .-0 " Pc: ' . csrn & \. ~ --::*..;- ,,..; \Ai '\ :.n ?ii 0 W ~ -< . " ....... ...-. '"' "",,,,,...,~__"~~ilfflI~IjIllII@~."~...,.,., ~~".!!lt'!l.~4;ttr,t!ft"iWl'1.'i<~;o~,,!<"'~:';~'''''"'-:''!'''-''''.f:~-''"f";"'lm~f,~!!,w,j'l"~lN!lilIH~~imu:j""1 ~"'~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. COUNTRY CORNER RENTAL CENTER, INC., RONALD E. FINK,: PRESIDENT, PETITIONER NO. 00-7729 CIVIL TERM ORDER OF COURT' AND NOW, this 2nd day of February, 2001, by agreement of the parties, the Petitioner has admitted a violation of regulations dealing with improper record keeping and faulty inspection of equipment in full satisfaction of all other violations alleged. His inspection license will be suspended for two months in connection with each violation, said suspensions to run consecutive to each other. By the Court, Edward E. Guido, J. srs .)/ 0,0\ ;I D~D\J~ Elaine Blass, Esquire Attorney for Respondent H. Anthony Adams, Esquire Attorney for Petitioner -'1--'" " -"..c ,"., . iIiiiI""' <~!l1","i:'''iI\_lJlildl~#.Jom~''AA..;hl,*'~""""",",,J'd;:'~Y<lbll;~iitil,lif'<;;~1<.~'''' '^ "''-'>'- _ -.... ' ..I<-~ ,h ~~~~.~~ ::'I.ED- C+;:lCi:. ,,- ""-"-,::'.i:.')F:RY t..}!- -." J", '8 ' ;\1,\' ',I: 31 OJ fE~} ..6 f'l~ . " J ,-"" "()" ''-iTV CU,\,i,', "'i" ~"" I I, vi" l~"../.~ l-I" ,.., .,.., PENNSYLV/\NIA 'II - .,." -~ ..- 1_- ii ! ~ Ii Ii I: I: , Ii L;