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Home My WebLink About08-0181a MARC D. KEISER (MECHANIC # : IN THE COURT OF COMMON PLEAS OF 21-697-655) : CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. No. Q $ (?C c aul ( cc-M COMMONWEALTH OF : APPEAL FROM SUSPENSION OF PENNSYLVANIA, PENNSYLVANIA : CERTIFICATION AS AN OFFICIAL DEPARTMENT OF TRANSPORTATION : SAFETY INSPECTOR Appellee APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR AND NOW, comes the Appellant, Marc D. Keiser (Mechanic # 21-697-655), by and through his attorney, Mark F. Bayley, Esquire, and in support of the within appeal avers as follows: 1. Appellant is Marc D. Keiser (Mechanic # 21-697-655), President of Keiser's Service Center, Inc. (Official Safety Inspection Station #N300), with a principle place of business at 2401 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 2. Appellee is the Commonwealth of Pennsylvania, Pennsylvania Department of Transportation. 3. By notice mailed December 19, 2007, Appellee informed Appellant that his Certification as an Official Safety Inspector would be suspended pursuant to Section 4726 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"). 4. Appellant hereby avers that he 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. , Date: 1-9 Respectfully submitted, BAYLEY & MANGAN UA- -)- Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Appellant MARC D. KEISER (MECHANIC # : IN THE COURT OF COMMON PLEAS OF 21-697-655) : CUMBERLAND COUNTY, PENNSYLVANIA Appellant ; V. : No. C NJ COMMONWEALTH OF : APPEAL. FROM SUSPENSION OF PENNSYLVANIA, PENNSYLVANIA : CERTIFICATION AS AN OFFICIAL DEPARTMENT OF TRANSPORTATION : SAFETY INSPECTOR Appellee ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Marc D. Keiser (Mechanic # 21-697-655), 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 unsworn falsification to authorities. Date: LL Mark F. Bayley, squire Attorney for Appellant DEC-31-2007(MON) 11:27 CHRRLES RECTOR E50 Rx Date/Tlae DEC-22-20071SAT1 09:46 DEC-22-2007 10:14 FROM: (FRX)7177612161 70:7612161 COMMONWEALTS OF PENNSYLVANIA DEPARTMENT OF TRANSPORTAITON RARMBURG, PA 17104 Marc D. Keiser p ?? on Division 2401 Old Gic"burE Road 69003 CWP Hi 1, PA 17011 lbgWws PA 17106.9003 (iwws Scala Caatcr-ols# 300) Ph= (717) 7V-2M MECHAMC N21-697.655 CSRTtE1ED MAAft, 7W4 2510 0001 4164 0074 MAIL DAM Deaemder 19.2007 P. 003/004 P. 002 P.Z,3 QRDER OF SU:SP KMN Qj Alnr C r. e a aMINSpZC t O You amhctrbyjmdfiiAWr redo:Kowa Official Saf I of the Vehicle Coda No vehicle safety i:MNWGns may be pecf n ncditsma pu?atato=6ectian 4726 Depmoneorel regnlatfoas. yourcedWmtiao ns as Official Std InipeetoriiAB s=Vmi W arfm c (4)of to 6 or Wm* nAne=M was for Ibc pxp= ? a :d hmol months for I?19?I213m and two (2) mon ft for impro °q ? let n.# t1:is oQaaso, the 4oer includW oBense afauelces record kapiag & Fitrtber, tha Depacdoent is 3aclttding in The suspmsuut(s) wi11 rya natively, for a total suspension orsk (6) nos. TWs suepeasi? is to rnn coasec lvdy wit"W odw Lo(s) imposed by the TSZ SIISPEAtSI0N vMLL Ble Ie:IWEC'1'iV$ J Depatto:eat toratry violadan coaside d ttcpanately. Quality Assumnoe OMcer, who is a Mahe of 1 as ar your ?y n =Mndcr r to the Coitleation card. Upoa n ompldion of your coq your bBPector motion =d v?dA be re mcd to ym you have the d9k to aPlOd thi4 Dq artm=W Order of Susp=gon to the Coax of which the above tefeceooed iospcetion "=IS 10M* WnXlN =,11Y Common Plcas of the County is OF TIM ORDER Ifyou do file as appeal, a app and dtnegm (of) DAYS OF TBg ?SAM DATE DCPUt = X the mailing addr= SSW blow. FWG OF AN served AIPPEAL COpY Dof tho appal must be nC ttpotr the STAY 2tiE 50SPENSIl014: la otdcrtor O1rS NOT A1U?OMATIALI.Y s from the Court 6'* the D rtmmtt?b to t ?? el>pa>. a aiDt?ed Otdcr of the muilingaddnu listed below, stupeasion mug served upon tbaDepaulmcntat MA=G ADDRM-, DeparmmentofTeampp wmt C kf Courwd,f, Oflloe Rhmca t 001ce t.mrer 1101 S. FnWSbM3ndFloor 1>faMWW& PA 17104 4416 Sinoerdy. . ,.&eft , Anita kC Waskk Dmctar Buscau camor Vehicles \t , k reA \,\ MARC D. KEISER (MECHANIC # 21-697-655) Appellant V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. p li- - 197 cavE I -ter-- APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL : SAFETY INSPECTOR 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: ?) 0 \M,--) - Mark F. Bayley, Es uire Attorney for Appellant c'' cxa C7 -.? I? \ (' JAN 112008,Q' MARC D. KEISER (MECHANIC # : IN THE COURT OF COMMON PLEAS OF 21-697-655) : CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. : No. 0 8 " r chef ?tlrt COMMONWEALTH OF : APPEAL FROM SUSPENSION OF PENNSYLVANIA, PENNSYLVANIA : CERTIFICATION AS AN OFFICIAL DEPARTMENT OF TRANSPORTATION : SAFETY INSPECTOR Appellee ORDER OF COURT day of , 2008, upon consideration of this AND NOW, this 1441- 41 0 Appeal from Suspension of Certification as an Official Safety Inspector, it is Ordered that a hearing on the matter shall be held on the aye day of , 2008, at l14U o'clock _A m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is 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. By the Court: J. Distribution: PA Department of Transportation, Office of Chief Counsel, 1101 S. Front Street, Third Floor, Harrisburg, PA 17104-2516 Bayley & Mangan, 17 West South Street, Carlisle, PA 17013 Mark F. Bayley, Esquire 'es rn?aLLL Cnr,--? t Lf.1 ? ? ? <=r Cl- C J£ Lr) 1 f S ; F . U- C'3 N 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. t + ?µ.? ???tr CG'^ co? el