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HomeMy WebLinkAbout99-03296 N r U?r% (- jar o SU OQ v a ? ISn#aHjnd ftrat ?WU? I. Zulu. I*ft 155&M&" ?•'•uw itln+e?•d•E?s wa.da... h -1 1999, Td ? 17 ?8-m unw r rib h pmo" Teg6w.e (M) 5"m \} trc?.... ;as (7I7)5*7M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES VS. Plaintiff JEFFREY L. MARTIN O.I.M. #10-665-052 No.: 9 ?-312 7 C:1 v; APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC ORDER AND NOW this 1 day of JUNE, 1999, upon reviewing the Petition of Appeal and the Petition for Supersedeas by the Petitioner, Jeffrey L. Martin, O.I.M. #10-665-052, from the suspension imposed by the Department of Transportation, a hearing de novo is scheduled for 199 , at XCO t°. M., in Courtroom No. Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387. ALL PROCEEDINGS TO STAY PENDING HEARING DE NOVO. WHEREFORE, it is so ORDERED '! . J. RV THE COURT FILED-0`?I?E OF 7, ,1., 99 JUN - I FM u* 25 CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES No.: !2-y`. 3:294 8-4.? -.ca..., Plaintiff APPEAL FROM SUSPENSION OF CERTIFICATION AS AN vs. OFFICIAL INSPECTION MECHANIC JEFFREY L. MARTIN O.I.M. #10-665-052 APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC NOW COMES, JEFFREY L. MARTIN, O.I.M. 010-665-052, by and through his Attorney, Philip L. Zulli, Esquire, and hereby files this PETITION FOR SUPERSEDEAS PENDING APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC, for the following reasons: Petitioner, Jeffrey L. Martin, is an official inspection mechanic licensed by the 4. Department of Transportation under O.I.M. # 10-665-052. Jeffrey L. Martin is a resident of Pennsylvania, Cumberland County, with an address of 4 Strawberry Drive, Carlisle, PA 17013. By Official Notice dated May 21, 1999, and served on May 26, 1999, Kurt J. Myers, Director, Bureau of Motor Vehicles, suspended Petitioner's Certification as an Official Inspection Mechanic for a period of one year (Exhibit A attached). Petitioner avers that he has a meritorious defense to the suspension. Pursuant to Section 4726(c) of the Vehicle Code, 75 Pa. C.S. §4726(c), Petitioner has a statutory right to appeal the suspension. WHEREFORE, pursuant to Section 4726(c) of the Vehicle Code, 75 Pa. C.S. §4726(c) (relating to Judicial Review), Jeffrey L. Martin invokes his statutory right of appeal and respectfully requests that this Court (upon 60 days notice to the Department pursuant to law, 75 Pa. C.S. §4726(c)) set this matter for a hearing de nova; grant the Petitioner's appeal; and reverse and set aside the order of the Department of Transportation, Bureau of Motor Vehicles. Respectfully submitted, Philip L. Esquire Atty. ID. No.: 47499 1501 North Front Street, Harrisburg, Pennsylvania 17102 Phone: (717) 238-9004 Fax: (717) 238-9010 f Dated: June 1, 1999 08/28/99 WED 14:43 FAX 717 2989010 Philip L. DAIL Esquire P r? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 17122 May 21, 1999 [moos r Mr. Jeffrey L. Martin r * I,t a ?U 1 ??((""1 :la; Opr. #10-665-052 4 Strawberry Drive Carlisle, PA 17013 (J & J Automotive - O.I.S. #(781) ORDER AND SUSPENSION OF OFFICIAL INSPECTION MECHANIC i You are hereby notified that your certification as an offi- cial safety inspection mechanic is suspended, persuant to Section 4726 of the vehicle Code. No vehicle safety in- spections may be performed during the suspension. Pursuant to Departmental regulations, your certification as an offi- cial safety inspection mechanic will be suspended one (1) year; one (1) year for furnishing certificate of inspection without an inspection and one (1) year for fraudulent record keeping. Further, the Department is including in this of- fense, the lesser included offenses of improper record keep- ing and careless record keeping. The suspension(s) will run _X concurrently - consec- utively, for a total suspension olf one (1) year. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Safety Mechanic Certification Card. Upon the completion of your suspension, your mechanic cer- tification card will be returned to you. CONTINUED ON NEXT PAGE (Page 1 of 2) V • 0 0 700 04 05/26/99 WED 14:43 FAR 717 2389010 Philip L. Zulll. Esquire 10006 .4 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 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 S ? ell , Kurt J. Myers, Director Bureau of Motor Vehicles IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES No.: Plaintiff APPEAL FROM SUSPENSION OF CERTIFICATION AS AN vs. OFFICIAL INSPECTION MECHANIC JEFFREY L. MARTIN O.I.M. #10-665-052 CERTIFICATE OF SERVICE I, PHILIP L. ZULLI, ESQUIRE, certify that I have served a copy of the APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION MECHANIC PRIVILEGE, on this date by first class U.S. mail to the following parties: Kurt J. Myers, Director Dept. of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 Barbara Darkes Assistant Counsel in Charge Chief Counsel's Office Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 Ernest Spittler, Regional QAO Manager Protect Air 979 East Park Drive Harrisburg, PA 17111 DATED: JUNE 1, 1999 e 1501 North l:ront Street Harrisburg, Pennsylvania 17102 Attorney ID: PA #47499 (717) 238-9004 M7) 238-9010 (Fax) IKC•43S(lIC) ?( 6661 j Nis (cu) Pt ? sEUI'??t FMEyMP?+45?t ?^'p"??4R ? ? OfiE•fEi(CIC)?' ' i N94 q N li "MCC (CU) ?qu+j ?[ r•?nnd cou? ? ?I?#'lll?''d61114? r?atl?dtwausl 0' c\, µi? e; 6 i., ?? CL. r1 7UZI -? f,,1J i c.n U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES vs. Plaintiff JEFFREY L. MARTIN O.I.M. #10-665-052 APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC ORDER AND NOW this day of JUNE, 1999, upon reviewing the Petition of Appeal and the Petition for Supersedeas by the Petitioner, Jeffrey L. Martin, O.I.M. #10-665-052, from the suspension imposed by the Department of Transportation, a hearing de novo is scheduled for ( 199 , at X000 1' M., in Courtroom No. a Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387. ALL PROCEEDINGS TO STAY PENDING HEARING DE NOVO. WHEREFORE, it is so ORDERED / BY THE COURT CF ?.1•k 4 ., , 99 .I - PM CU EAR L ??? (ra4?? ?? col qcl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES vs. Plaintiff JEFFREY L. MARTIN O.I.M. #10-665-052 No.: Qq- 3a4? ? ' O'7'?1M APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC PETITION FOR SUPERSEDEAS PENDING APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC NOW COMES, JEFFREY L. MARTIN, O.I.M. 410-665-052, by and through his Attorney, Philip L. Zulli, Esquire, and hereby files this PETITION FOR SUPERSEDEAS PENDING APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC, for the following reasons: 1. Prior to filing this petition for supersedeas, the undersigned counsel contacted Barbara Darkes, Esquire, the authorized attorney for the Bureau of Motor Vehicles in these matters, and was advised by Attorney Darkes that the Bureau of Motor Vehicles does not object or oppose the granting of a supersedeas in this matter. 2. Petitioner, Jeffrey L. Martin, is an official inspection mechanic licensed by the Department of Transportation under O.I.M. # 10-665-052. 3. Jeffrey L. Martin is a resident of Pennsylvania, Cumberland County, with an address of 4 Strawberry Drive, Carlisle, PA 17013. 4. By Official Notice dated May 21, 1999, and served on May 26, 1999, Kurt J. Myers, Director, Bureau of Motor Vehicles, suspended Petitioner's Certification as an Official Inspection Mechanic for a period of one year (Exhibit A attached). 4. Petitioner avers that he has a meritorious defense to the suspension. 5. Pursuant to Section 4726(c) of the Vehicle Code, 75 Pa. C.S. §4726(c), Petitioner has a statutory right to appeal the suspension. 6. Petitioner has contemporaneously filed with this Petition for Supersedeas an Appeal from the suspension of his inspection privileges. WHEREFORE, Jeffrey L. Martin requests the Court to grant a supersedeas from the suspension pending de novo review of the instant action initiated by the Department of Transportation, Bureau of Motor Vehicles. Respectfully submitted, r Philip L. , Esquire Atty. ID. No.: 47499 1501 North Front Street, Harrisburg, Pennsylvania 17102 Phone: (717) 238-9004 Fax: (717) 238-9010 Dated: June 1, 1999 05/28/99 WED 14:43 FAX 717 2989010 Ph111p L. Zu111, EoQUire DEp?TbERWT TO OF PENNSYLVANIA MENT OF TRANSPORTATION HARRISBURG 17122 May 21, 1999 Mr, Jeffrey L. Martin Opr, #10-665-052 4 Strawberry Drive Carlisle, PA 17013 (J & J Automotive - O.I.S. #781) moos TF M Ir LOPY You are cial safetyrin pectioen mechanicois certification ' er an t offtlo Section 4726 the vehicle Code, No vehicle safety in- eparmay be e performed during th e suspension. Pursuit ntal to cial DSafetyei epectionameons, your certification as an offi-one (1) year; one (1) year for tuznishing will be certificate?ofdinspection witwithout an inspection and one (1) year for fraudulent''record Poug• Further, the Department is including in this of- fense, the lesser included offenses of improper record keep- ing and careless record keeping. The utiveluepension(s) will run 'jC^-':concurrently consec- ordered toforsurrendera total theibeareroof this year ho is a • representative of are Safety mechanic Certhe tificationmCard. f Transportotiation, your - Upon the completion of your suspension, your mechanic cer- tification card will be returned to you, CONTINQED ON NEXT PAGE (Page 1 of 2) V /1'Ir9? eo W/4 08/28/99 WED 14:43 FAX 717 2989010 Ph111D L. ZU111, Esquire CONTIM= FROM PREt/IOIIB PAGE (Page 2 of 2) You have a right to appeal this departmantal Order of Sus- pension to the Court of Common Pleae 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 DOkS NOT AUTOMATICALLY STAY THE SIISPFWSION. 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 must be served upon the Department at the mailing address listed below. MAILING ADDRESS; D Chief epartment o£ Transportation Riverfronnts office Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Si el , Kurt J- Myers, Director Bureau of Motor Vehicles W008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES vs. Plaintiff JEFFREY L. MARTIN O.I.M. #10-665-052 No. APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC CERTIFICATE OF SERVICE I, PHILIP L. ZULLI, ESQUIRE, certify that I have served a copy of the PETITION FOR SUPERSEDEAS PENDING APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION MECHANIC PRIVILEGE, on this date by first class U.S. mail to the following parties: Kurt J. Myers, Director Dept. of Transportation Chief Counsel's Office Riverfront Office CenterI 101 S. Front Street Harrisburg, PA 17104-2416 DATED: JUNE 1, 1999 Barbara Darkes Assistant Counsel in Charge Chief Counsel's Office Riverfront Office Centerl 101 S. Front Street Hanisburg, PA 17104-2416 Ernest Spittler, Regional QAO Manager Protect Air 979 East Park Drive Harrisburg, PA 17111 Harrisburg, Pennsylvania 17102 Attorney ID: PA #47499 (717)238-9004 (717)238-9010(Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES V. JEFFREY L. MARTIN OIM #10-665-052 No. 99-3296-Civil APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL INSPECTION MECHANIC PRAECIPE.OF APPEARANCE Please enter my appearance in the above-referenced matter on behalf of the Commonwealth and serve all documents upon me at the address listed below. b?" 4 & - arbara A. ar es Assistant Counsel in Charge Motor Vehicle Section Department of Transportation Riverfront Office Center - 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 Attorney ID #77419 DATED: June 3, 1999 cc: Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 ?- a? ? w_- _. _ ?-? i; "? i_) U ? i cCZ _i.. = -? L]2 J ?? V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENSYLVANIA, NOS. 99-3296 & 99-3297 DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent VS. APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS JEFFREY L. MARTIN, t/d/b/a OFFICIAL INSPECTION STATION J & J AUTOMOTIVE, Petitioner ORDER AND NOW this 9'h day of August, 1999, upon agreement of counsel, these cases are consolidated for disposition and remanded to the Department of Transportation to modify the violations and suspensions imposed upon J & J Automotive's Certificate of Appointment as an Official Safety Inspection Station and Jeffrey Martin's certification as an official safety inspection mechanic as follows: 1) The one-year suspension for the violation of Furnishing a Certificate of Inspection without Conducting an Inspection is reduced to a two-month suspension for a violation of Faulty Inspection, and 2) the one-year suspension imposed for a violation of Fraudulent Recordkeeping is reduced to a two-month suspension for a violation of Improper Recordkeeping. These suspensions shall be served consecutively for a total suspension term, for both the station and mechanic, of four months. 1 BY THE COU J. Philip L(Zullf, Es%dry Date arbara A. Darkes, Esquire Date Attorney for Jeffrey Martin, t/d/b/a Attorney for Commonwealth of PA J & 1 Automotive Department of Transportation Bureau of Motor Vehicles ti, e.