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HomeMy WebLinkAbout99-03297 W n ? C) r > C U? _ r n ° w ri L r [ r ' ? L L 2 i jlZLf p ? 7 rn U antwedryrwvjtd Mudd J6iM %tr"A17W Tdy6wec (717) 23"w Y= (7q) 2314239 PU4I. uu,14da Rumn•d iu ang"La. *AMdd"%?=4" AUUc TA*W (m) sbwls i far (717)sw7m JUN -1 t9s9 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Plaintiff vs. J & J AUTOMOTIVE 01S.9781 No.:--9?-.3W7 I-Vili J APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS OFFICIAL INSPECTION STATION ORDER AND NOW this IS? day of JUNE, 1999, upon reviewing the Petition of the Petitioner, J & J AUTOMOTIVE, O.I.S. #781, a hearing de novo is scheduled for 199, ato? (Z? L? M., in Courtroom No. Cumberland County Court of Common Pleas, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013-3387. ALL PROCEEDINGS TO STAY PENDING HEARING DE NOVO. WHEREFORE, it is so ORDERED BY THE COURT gg ,)UFO " ? ?`? G. 2 ? C?M?yN iy?-Va ?? NV JV ,rV?}1I ?V 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Plaintiff APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS vs. OFFICIAL INSPECTION STATION J & J AUTOMOTIVE O.I.S. #781 PETITION FOR SUPERSEDEAS PENDING APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION STATION PRIVILEGE NOW COMES, J & J AUTOMOTIVE, O.LS. #781, by and through its Attorney, Philip L. Zulli, Esquire, and hereby files this PETITION FOR SUPERSEDEAS PENDING APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION STATION PRIVILEGE, for the following reasons: I . 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, J & J Automotive, is an official inspection station licensed by the Department of Transportation under O.I.S. # 781. 2. J & J Automotive is located at 3 Watt Street, Mount Holly Springs, PA 17065. 3. By Official Notice dated May 21, 1999, and served on May 26, 1999, Kurt J. Myers, Director, Bureau of Motor Vehicles, suspended Petitioner's Certificate of Appointment as an Official Inspection Station for a period of one year (Exhibit A attached). 4. Petitioner avers that it has a meritorious defense to the suspension. 5. Pursuant to Section 4724(b) of the Vehicle Code, 75 Pa. C.S. §4724(b), 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 its inspection privileges. WHEREFORE, J & J Automotive 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, '/'-0 Id' Philip L, Zu11i, Esquire Atty. ID. No.: 47499 1501 North Front Street, Harrisburg, Pennsylvania 17102 Phone: (717) 238-9004 Fax: (717) 238-9010 Dated: June 1, 1999 03/28/99 WED 14:42 FAX 717 2389010 Ph111D L. Zu111, Esquire 10003 . u COMMONWEALTH OP' PENNSYLVANIA DEPARTM=,OF TRANSPORTATION HARRISBURG 17122 ... May 21, 1999 Sfatbn (opy Mr. Paul E, Weigle, Jr. J & J Autmotive O.I.S. #781 3 Watt Street Mt. Holly Springs, PA 17065 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 regglmtions, your Certificate of Appointment will be silsgerided one (1) year for furnishing certificate of inspection without an inspection to a, 1979 Ford Bronco (sticker #A28-7813160) and one (1) year for fraudulent record keeping. Further, the Department is in- cluding in this offense, the lesser included offenses of im- proper record-keeping and careless record keeping. The suspension(s) will run 7._-: concurrently _ consec- utively for a total. suspension of one (1) year, You are or- dered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, 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 6: X WIS/T H 03/26/09 WED 14:42 FAX 717 2988010 Philip L. 2u111, Esquire • 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, Kurt J, Myers, Director bureau of Motor Vehicles U004 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 J & J AUTOMOTIVE O.I.S. #781 N APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS OFFICIAL INSPECTION STATION 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 STATION 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 V DATED: JUNE 1, 1999 Defendant 1501 NortbrFront Strdd Harrisburgg, Pennsylvania 17102 Attorney 1D: PA 947499 717 238-9004 717; 238-9010 (Fax) ' I 1 V? QQC LS. ? ^• . 1"' [1 l f1 75 n 1 cr% Olt L501 PAS INd acrd pkwp 1. la, Is"I t 6s irud"PAW UNKA } I os Burney-d-Lur 31wd4w? perrs?erl?t?lli 0 Tdgbw (ng 231-9m uww is Iwo & p? Tdgbtor (717) 5"D . fw (m) 231a23e a.c..p. i t (717)sw kh - 11999 ?T 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 J & J AUTOMOTIVE O.I.S. #781 111- No : JA9-7 APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS OFFICIAL INSPECTION STATION ORDER AND NOW this I day of JUNE, 1999, upon reviewing the Petition of the Petitioner, J & J AUTOMOTIVE, O.I.S. #781, a hearing de novo is scheduled for Ol 199 1 , ato?CXJ e. M., in Courtroom No. -.4 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES No.:_ VF. -5;147 df- i 72-w Plaintiff I APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS VS. OFFICIAL INSPECTION STATION J & J AUTOMOTIVE O.I.S. #781 APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION STATION PRIVILEGE NOW COMES, J & J AUTOMOTIVE, 0.1. S. #781, by and through its Attorney, Philip L. Zulli, Esquire, and hereby files this APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION STATION PRIVILEGE, for the following reasons: 1 2. 3. 4. 5. Petitioner, J & J Automotive, is an official inspection station licensed by the Department of Transportation under O.I.S. # 781 J & J Automotive is located at 3 Watt Street, Mount Holly Springs, PA 17065. By Official Notice dated May 21, 1999, and served on May 26, 1999, Kurt J. Myers, Director, Bureau of Motor Vehicles, suspended Petitioner's Certificate of Appointment as an Official Inspection Station for a period of one year (Exhibit A attached). Petitioner avers that it has a meritorious defense to the suspension. Pursuant to Section 4724(b) of the Vehicle Code, 75 Pa. C.S. §4724(b), Petitioner has a statutory right to appeal the suspension. WHEREFORE, pursuant to Section 4724(b) of the Vehicle Code, 75 Pa. C.S. §4724(b) (relating to Judicial Review), J & J Automotive invokes its statutory right of appeal and respectfully requests that this Court (upon 60 days notice to the Department pursuant to law, 75 Pa. C.S. §4724(b)) set this matter for a hearing de novo; 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. ulll, Esquire Atty. ID. No.: 47499 Dated: June 1, 1999 1501 North Front Street, Harrisburg, Pennsylvania 17102 Phone: (717) 238-9004 Fax: (717) 238-9010 05/28/99 WED 14:52 FAX 717 2389010 Ph111D L. Zu111, Eseulre 4 COMMONWEALTH OF•PENNSyLVANLA DEPARTMENT,OF TRANSPORTATION HARRISBDRe 17122 May 21, 1999 Mr. Paul E. Weigle, J & J Autmotive O-I.S. #781 3 Watt Street Mt- Holly Springs, Jr. PA 17065 W003 StAn Copy 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 susgerided one (1) year for furnishing certificate of inspection without an inspection to a. 1979 Ford Bronco (sticker #AI8-7813160) and one (1) year for fraudulent record keeping. Further, the Department is in- cluding in this offense, the lesser included offenses of im- proper record-keeping and careless record keeping. The suspension(s) will run _It. .—'concurrently for a total suspension of`one(ar. You are or- dered to surrender to the bearer of this notice, whorisora representative of the Department of Transportation, 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. CONTINMID ON NEXT PAGE (Page 1 of 1) &EXH'd/or M 0# 03/28/90 WED 14:42 FAX 717 2989010 :,; Philip L. U111, Esquire CONTINUED FROM i 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: Sincerely, Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Kurt J. Myers, Director Bureau of Motor Vehicles U004 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 J & J AUTOMOTIVE O.I.S. #781 No.: APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS OFFICIAL INSPECTION STATION CERTIFICATE OF SERVICE I, PHILIP L. ZULLI, ESQUIRE, certify that I have served a copy of the APPEAL FROM SUSPENSION OF OFFICIAL INSPECTION STATION 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 River&ont Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 Barbara Darkes Assistant Counsel in Charge Chief Counsel's Office Riverfront Office Center1101 S. Front Street Harrisburg, PA 17104-2416 Ernest Spittler, Regional Manager Protect Air 979 East Park Drive Harrisburg, PA 17111 r DATED: JUNE 1, 1999 Defendant 1501 NortILFfont Street 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 No. 99-3297-Civil v. APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINT- J & J AUTOMOTIVE MENT AS OFFICIAL CIS #781 INSPECTION STATION 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. 4A.Ve IJA4 13arnara A. Uarxes 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 7 O1 n _ i C J -• _ fZ _. Ltt _ i ll! 4 4 01 Ul V t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent NOS. 99-3296 & 99-3297 VS. JEFFREY L. MARTIN, t/d/b/a J & J AUTOMOTIVE, Petitioner APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS OFFICIAL INSPECTION STATION ORDER AND NOW this 91h 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. BY THE COURT J. Gr e_ Philip LUUillf, Esq r Date arbara A. Darkes, Esquire Date Attorney for Jcffrey . Martin, t/d/b/a Attorney for Commonwealth of PA J & J Automotive Department of Transportation Bureau of Motor Vehicles _. ii ???., iii ... ?II? ???' ,.', .f'i •?I '.:'1 ?. ?,..,,,,???,:'.?. ?? ?.