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HomeMy WebLinkAbout07-1863CERTIFICATE OF SERVICE I, Eric R. Augustine, Esquire, hereby certify that I have served the foregoing paper this date by depositing a true and correct copy of the same by facsimile (717) 772-2741 and certified mail, return receipt requested, addressed as follows: Andrew S. Gordon Chief Counsel Commonwealth of Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 KEEFER WOOD ALLEN & RAHAL, LLP By - 2 Eric R. Augus ' e Dated: April 4, 2007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 March 16, 2007 Colin N. Gurganious II 3052 Peters Mountain Road RE: Oper#20-603-374 Halifax, PA 17032 (Brenner's Nissan-OIS#K-83) ORDER OF SUSPENSION OF OFFICIAL EMISSIONS INSPECTOR Your are hereby notified that your certification as an Official Emissions Inspector is suspended, pursuant to Section 4726 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your certification as an Official Emissions Inspector is suspended for three (3) months for faulty inspection of equipment or parts. (failed to test vehicle with DLC Communication, sticker # IM6-5955607) and one (1) year for fraudulent record keeping. 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 consecutively, for a total suspension of fifteen (15) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Emissions Inspector Certification Card. Upon the completion of your suspension, your inspector certification card will be returned to you. You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE 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 restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension 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, Kurt J. Myers, Director Bureau of Motor Vehicles EXHIBIT "A" 1 [a -?-t r N l? i? Z- "CJ GJ 0 'fl --? -4 --Z -n _KJ AZ5 - " q( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AN r' 3W?j Colin N. Gurganious, II, Docket No. 01 - I P6.3 Appellant V. Commonwealth of Pennsylvania, Department of Transportation, Appellee ORDER OF SUPERSEDEAS AND NOW, this day of April, 2007, the Commonwealth of Pennsylvania, Department of Transportation, is hereby directed to stay the suspension of the certification as an Official Emission Inspector of. Colin N. Gurganious, II (Oper#20-603-374) dated March 16, 2007. The Department of Transportation is ORDERED to return the certification of Colin N. Gurganious, II immediately while his appeal of the certification suspension is pending. BY THE COURT: J. Distribution: Andrew S. Gordon, Chief Counsel, Commonwealth of PA q - 7 Eric R. Augustine, Esquire, Keefer Wood Allen & Rahal, LLP (?)- -Irk +1 ? ro d Owl ('1T I -:31-1i f"D {y} I.-1 COLIN N. IN THE COURT OF COMMON PLEAS OF GURGANIOUS, II CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF NO. 2007 -1863 CIVIL TERM PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 4TH day of MAY, 2007, a hearing on the "Order of Suspension of Official Emissions Inspector", is scheduled for THURSDAY, JULY 12, 2007, at 1:30 p.m. in Courtroom # 3. Edward E. Guido, J. is R. Augustine, Esquire 635 North 12TH Street, Suite 400 Lemoyne, Pa. 17043 2 avid Markowitz, Esquire Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 :sld 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey S. Wissler, Docket No. 07-1862 Appellant V. Commonwealth of Pennsylvania, Department of Transportation, Appellee Colin N. Gurganious, II, Docket No. 07-1863 Appellant V. Commonwealth of Pennsylvania, Department of Transportation, Appellee Darrell L. Suhr, : Docket No. 07-1864 Appellant V. : Commonwealth of Pennsylvania, Department of Transportation, Appellee MOTION TO CONSOLIDATE AND NOW, comes Keefer Wood Allen & Rahal, LLP, counsel for Appellants in the above matter, and requests this Court to consolidate Civil Action No. 07- 1862, in Cumberland County with Civil Action No. 07-1863 in Cumberland County and Civil Action No. 07-1864 in Cumberland County, averring as follows: 1. Actions on behalf of, Jeffery S. Wissler (Docket No. 07-1862), Colin N. Gurganious, II (Docket No. 07-1863) and Darrell L. Suhr (Docket No. 07-1864) were filed in Cumberland County appealing the PennDOT suspensions of their emission inspection licenses. 2. A hearing has been set for the appeal of Jeffrey S. Wissler, Docket No. 07-1962, for July 12, 2007 at, 1:00 PM. 3. A hearing has been set for the appeal of Colin N. Gurganious, II, Docket No. 07-1863, for July 12, 2007, at 1:30 PM. 4. A hearing has been set for the appeal of Darrell L. Suhr, Docket No. 07-1864, for July 12, 2007, at 2:00 PM. 5. All three Appellants are employed by the same company in the same physical location. 6. All license suspensions involve a common set of facts arising from the same type of transaction over a limited period of time. 7. Much of the same evidence will be educed for each Appellant in their appeals. 8. This Motion to Consolidate, made pursuant to Rule 213 of the Pennsylvania Rules of Civil Procedure, will avoid unnecessary cost. 9. Appellants' request that this Court enter an order consolidating Civil Action No. 07-1862, in Cumberland County with Civil Action No. 07-1863 in Cumberland County and Civil Action No. 07-1864 in Cumberland County for a hearing on July 12, 2007, beginning at 1:00 PM. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: May /-0 , 2007 gy ERIC R. AU TINE Attorney I. . #78277 635 North 121h Street, Suite 400 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Appellants CERTIFICATE OF SERVICE I, Eric R. Augustine, Esquire, hereby certify that I have served the foregoing MOTION TO CONSOLIDATE this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David Markowitz Assistant Counsel Vehicle and Traffic Law Division Pennsylvania Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 KEEFER WOOD ALLEN & RAHAL, LLP By e?-' / Eric R. Auau Dated: May /o , 2007 0 T7 . Fri klu 70 -.< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey S. Wissler, Appellant Docket No. 07-1862 V. Commonwealth of Pennsylvania, Department of Transportation, Appellee Colin N. Gurganious, II, Appellant Docket No. 07-1863 V. Commonwealth of Pennsylvania, Department of Transportation, Appellee Darrell L. Suhr, Appellant V. Commonwealth of Pennsylvania, Department of Transportation, Appellee Docket No. 07-1864 AMENDED MOTION TO CONSOLIDATE AND NOW, comes Keefer Wood Allen & Rahal, LLP, counsel for Appellants in the above matter, and requests this Court to consolidate Civil Action No. 07- 1862, in Cumberland County with Civil Action No. 07-1863 in Cumberland County and Civil Action No. 07-1864 in Cumberland County, averring as follows: 1. Pursuant to Cumberland County Rules of Civil Procedure 208.3(a)(2), the Honorable Edward E. Guido, Judge, has previously issued Orders of Supersedeas directing a stay of suspension of certification as official emission inspector pending these appeals. Orders of Supersedeas were issued at Docket Nos. 07-1862, 07-1863 and 07-1864. 2. Undersigned counsel has attempted to contact counsel for PennDOT regarding this Motion. 3. Despite all efforts by undersigned counsel, counsel for PennDOT has not responded. Dated: June 15, 2007 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP By_ ERIC R. AUG TINE Attorney I.D 78277 635 North 12th Street, Suite 400 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Appellants CERTIFICATE OF SERVICE I, Eric R. Augustine, Esquire, hereby certify that I have served the foregoing AMENDED MOTION TO CONSOLIDATE this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David Markowitz Assistant Counsel Vehicle and Traffic Law Division Pennsylvania Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 KEEFER WOOD ALLEN & RAHAL, LLP By Dated: June 15, 2007 ?y t'°? (' ?+? .. {? r?. ,.,,.^ ?? ` u _ ? t.. .-'.,` --'1 t r-?; _ ?,.? + ORDER AND NOW, this AA day of , 2007, upon consideration of Appellants' Motion to Consolidate, said Motion is GRANTED. Docket No. 07-1862, Docket No. 07-1863 and Docket No. 107-1864, all of them in Cumberland County Court of Common Pleas, are hereby consolidated. The hearing in this matter is set for July 12, 2007, at 1:00 PM in Courtroom #3. J. Distribution: David Markowitz, Assistant Counsel, PennDOT Eric R. Augustine, Esquire, Keefer Wood Allen & Rahal, LLP .? ^? 01 v , ?? COP, ToOMy where, r4o * is y xr .... A tde of said C ::?, t ,c t ` Pa. COLIN N. IN THE COURT OF COMMON PLEAS OF GURGANIOUS, II CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF NO. 2007 -1863 CIVIL TERM PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 5TH day of JULY, 2007, the hearing scheduled for Thursday, July 12, 2007, at 1:30 p.m. is RESCHEDULED to FRIDAY, AUGUST 3, 2007, at 11:00 a.m. in Courtroom # 3. By the Edward E. Guido, J. Eric R. Augustine, Esquire 635 North 12TH Street, Suite 400 Lemoyne, Pa. 17043 Matthew X. Haeckler, Esquire Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 sld pj 0 1 -Irlr LODZ I I AUV'Jlb"'A";,,? 'Hl-?'.Add 3Hl JO -0 .11H 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. WISSLER Petitioner V. : NO. 07-1862 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, OFFICIAL EMISSION INSPECTOR DEPARTMENT OF TRANSPORTATION, SUSPENSION APPEAL Respondent COLIN N. GURGANIOUS, III Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 07-1863 CIVIL TERM V/ OFFICIAL EMISSION INSPECTOR SUSPENSION APPEAL DARRELL L. SUHR V. Petitioner NO. 07-1864 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, OFFICIAL EMISSION INSPECTOR DEPARTMENT OF TRANSPORTATION, SUSPENSION APPEAL Respondent ORDER AND NOW, this P-PI day of 2007, upon representations of Matthew X. Haeckler, Assistant Counsel In-Charge, for the Department of Transportation, that the above referenced appeals may be sustained, the appeals are hereby sustained and the suspensions which are the subject of the appeal shall be rescinded. BY TORE COUR J. ?- 22 . :. 1 +F Distribution: Matthew X. Haeckler, Assistant Counsel In-Charge, PENNDOT, Office of Chief Counsel, 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516 Eric R. Augustine, Esquire, Keefer Wood Allen & Rahal, LLP, 635 North 12th Street, Suite 400, Lemoyne, PA 17043 Cori Es rnZt (J- P131o7 ?:T^7 SOHEIL SABET-RASEKH : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF : NO. 2007 -1863 CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, CIVIL ACTION -LAW BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this 26Id day of SEPTEMBER, 2007, the hearing scheduled for Friday, October 5, 2007, is RESCHEDULED to THURSDAY, OCTOBER 4, 2007, at 2:15 ©.m. in Courtroom # 3. E. Guido, J. oheil Sabet-Rasekh 529 First Street Carlisle, Pa. 17013 George Kabusk, Esquire VRiverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 :sld WNV/VIASNN3d CC -.Zi Wd 9Z d3S LODZ MViONO 108d 3H1 AD Oi-4"311d