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Home My WebLink About08-0180KEISER'S SERVICE CENTER, INC. : IN THE COURT OF COMMON PLEAS OF (OFFICIAL SAFETY INSPECTION : CUMBERLAND COUNTY, PENNSYLVANIA STATION # N300) Appellant V. No. COMMONWEALTH OF : CERTIFICATE OF APPOINMENT AS AN PENNSYLVANIA, PENNSYLVANIA : OFFICIAL SAFETY INSPECTION STATION DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL Appellee APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION AND NOW, comes the Appellant, Keiser's Service Center, Inc. (Official Safety Inspection Station # N300), by and through its attorney, Mark F. Bayley, Esquire, and in support of the within appeal avers as follows: 1. Appellant, Keiser's Service Center, Inc. (Official Safety Inspection Station # N300) is a Pennsylvania Corporation with a principle business location at 2401 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 2. Marc D. Keiser holds the office of President of said Corporation. 3. Appellee is the Commonwealth of Pennsylvania, Pennsylvania Department of Transportation. 4. By notice mailed December 19, 2007, Appellee informed Appellant that its Certificate of Appointment as an Official Safety Inspection Station would be suspended pursuant to Section 4724 of the Vehicle Code for a total of six (6) months, effective January 16, 2008. (A copy of said notice is attached hereto as Exhibit "A"). 5. Appellant, by through its President Marc D. Keiser, hereby avers that it did not violate the Vehicle Code as stated by said notice and, therefore, the suspension is unlawful. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. ' r Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, uire V-? 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Appellant Y KEISER'S SERVICE CENTER, INC (OFFICIAL SAFETY INSPECTION STATION # N300) Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. COMMONWEALTH OF : CERTIFICATE OF APPOINMENT AS AN PENNSYLVANIA, PENNSYLVANIA : OFFICIAL SAFETY INSPECTION STATION DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL Appellee ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 0 L Mark F. Bayley, Esquire Attorney for Appellant DEC-31-2007(MON) 11:27 CHARLES RECTOR ESQ Kx Date/Tlae DEC-22-2007ISAT1 09:46 DEC-22-2007 10i1S FROM: (FAX)7177612161 70:7612161 COMMONWEAL72 OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION RARMBURG. PA 17104 Mara D. Keiser Kds es Service Center-OMM00 240101d Gettysburg Road CampMU. PA 17011 Vehicle lnowton Division Post Office Boor 69003 PA 17106.9003 Ptw= (717) 787-2893 STATION: N300 CERTHM MAIL:7004 2510 00014164 0067 MAIL DAYS. December 19, 2007 P. 004/004 P. 003 P. 3-13 ORDER OF SUSPENSTON OF QMCIAL 24SPECTION STATIUM You ate bcrcby notified tbot your Cad icate a[AppaUmnmt as an OMM Syety Insp=hm Station ix suspended. pumcotto Section 4724 of the VddcIc Code, No vehicle safety hopeedorsmaybe performed atyonr option during the sospoWan. Porauant to Depe tmm W n WWoas, your Ccrtifiaw of Appohmmat vAl be suapcodcd for font (4) months for papa tg or inilics6i; tmntcmq thin for the purpose of passing an insindon (1998 Chevrolet Vm 6 IMEK19029212180) and two (2) months for iu pcnper record iooggn& Fmtim the Department is inducting in this ofenae, the km indudcd olfease of careless , pro "keepia& 7be =RWWoa(s) WHI run eothsmutivrly. fora total MR=Sioa oFSix (6) maeths. Ild3s suspension is to run conscmdvdy with any outer suspension(s) imposed by the Depattmem for any violation consiftW Sopasatdy. TRZ SUSPENSION WILLNE 11 MCTIVE Jaaaary 16.200L At this tim you are arched to surreader to the Qusity? Asmuw= Oam wbo is a u p uem;W= of the Depwunatt o[Trangmrsadcm, year CmM=u(s) of /Appoint =4 and all safety inspection sticlcem Two (2) weep prior to the expiration of yahr wgxudm you may contact your Quality Assaraaoe Officer for reappowin mt A c=plete and too* lave dpalon may be conducted to determine iryoa are qualified for mwointmcm Yart have the right to appeal this Deptatmcntd Ordet of Suspagion to the Coun of Common Plus of the County in wbieh the above rafaenoed inspection station is io=4 wnmN TmRYY pq DAYS OF TAM MAIL DAVE OF TMS ORDER, If you do ft an appeal. a signed and time stamped copy of the appeal must be served Mm dw Dcpanmm at the ma$ing addmas Dated below FujwG OF AN APPEAL. DOLTS NOT AMMATICALLY STAY ME SUSPENSION. Tn order foryour pmdlega to be msum d pending appal, a signed 0nler ar Supersedeas from the Cwn daeetatg the Depannuw to my the suspension mast be saved upon the Do a tmeat at tore mailing address listed below. MAILING ADDRESS: Dep uUnc t of Transpomdaa Mer counsel's omet Rivafroat Offix Center 1101 & Front Street. 3rd Floor Hacrisbur& PA 01042416 Si=srly. SF??-•`-UGC. Anita M Waft. Dilator Blum orMator Vdddes KEISER'S SERVICE CENTER, INC. : IN THE COURT OF COMMON PLEAS OF (OFFICIAL SAFETY INSPECTION : CUMBERLAND COUNTY, PENNSYLVANIA STATION # N300) Appellant V. : No. C N* 1 COMMONWEALTH OF : CERTIFICATE OF APPOINMENT AS AN PENNSYLVANIA, PENNSYLVANIA : OFFICIAL SAFETY INSPECTION STATION DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL Appellee CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Dated: Mark F. Bayley, Esquire Attorney for Appellant -?-g ?Cl I n ? CI r P n N C C-5 ?.? ?f S 1 . M KEISER'S SERVICE CENTER, INC. (OFFICIAL SAFETY INSPECTION STATION # N300) Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Appellee JAN 11 2008 MY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No.'? ?`? c av r ! f 'r rnCERTIFICATE OF APPOINMENT AS AN OFFICIAL SAFETY INSPECTION STATION SUSPENSION APPEAL ORDER OF COURT AND NOW, this day of 9"Llt?? , 2008, upon consideration of this 1V IV Appeal from Suspension of Certificate of Appointment as an Official Safety Inspection Station, it is Ordered that a hearing on the matter shall be held on the A Yy-?f day of d-?6 2008, at Y?i?'clock ?_.m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is hereby granted pursuant to Vehicle Code Section 1550(b)(1) and Appellee is directed to stay Appellant's suspension until such time that this Honorable Court resolves this appeal. Distribution: PA Department of Transportation, Office of Chief Harrisburg, PA 17104-2516 J. 1101 S. Front Street, Third Floor, Bayley & Mangan, 17 West South Street, Carlisle, PA 17013 Mark F. Bayley, Esquire L4 6P 112C m? i/!s fob 4 By the Court: r-- C") Ln J. C-A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON Assistant Counsel Attorney I.D. No. 204296 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, } NO. 08-180 DEPARTMENT OF TRANSPOTRTATION, 08-181 BUREAU OF MOTOR VEHICLES } VS. } MARC. D. KEISER t/d/b/a } KEISER'S SERVICE CENTER AGREED ORDER AND NOW, on this 24th day of April, 2008, upon agreement of the parties, in the above- captioned Appeals of Suspension of Certifications as Official Safety Inspector and Official Inspection Station, it is hereby ORDERED and DECREED as follows: The Bureau of Motor Vehicles shall rescind Keiser Service Center's four-month suspension for Recommending Unnecessary Repairs, and shall grant the Station two-months' credit toward service of its' two-month suspension for Improper Record Keeping. In addition, the Bureau of Motor Vehicles shall rescind Marc D. Keiser's suspension of certification of Official Safety Inspector for four-months for Recommending Unnecessary Repairs, and shall reinstate Mr. Keiser's suspension for two months for Improper Record Keeping. BY THE COURT X7_1 44 J. ?.„ - ', , co pi es - xq Wt