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Home My WebLink About09-1622COMMONWEALTH OF PA, V. STEVEN TORRAO, Appellee Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA a C PT NO. 0 9-/41 PETITION FOR APPEAL OF DEPARTMENTAL ORDER OF SUSPENSION AND NOW, comes Appellant, Steven Torrao, by and through his attorney, Gregory Barton Abeln, Esquire, who files the following petition and avers as follows: Steven Torrao is an adult individual currently residing at 1100-B Newville Rd, Carlisle, PA 17013 2. On February 26, 2009, the Pennsylvania Department of Transportation sent to Appellant a Departmental Order of Suspension of Official Emissions Inspector, a copy of which is attached hereto incorporated herein by reference as Exhibit "A". The Appellant's certification as an Official Emissions Inspector was suspended immediately for a total suspension of two years and for a penalty of $5,000. Appellant claims that the suspension and the penalty imposed is unreasonable and excessive. WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's suspension and immediately stay its imposition pending the result of said hearing. DATE: Z O Respectfully Submitted, ABELN LAW OFFICE Gregory Barton Abeln, Esquire ID #35960 Attorney for Appellant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 OS-2 (10-08) x pennsylvania DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us February 26, 2009 Steven Torrao 1100-B Newville Road RE: Oper#20-469-869 Carlisle, PA 17013 (S & J Performance and Repair LLC.OIS#BV76) ORDER OF SUSPENSION OF OFFICIAL EMISSIONS INSPECTOR You 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 one (1) year for furnish, lead, give, sell or receive a certificate of emission inspection without inspection (2001 Ford VIN 1FAFP55U41A294616, sticker IM8-4783215;2000 Honda VIN . 1HGEJ814XYL071995, sticker IM8-4783211; 2000 Chevy VIN 1G1JF12T8Y7404241, sticker IM8- 4783187; 2001 Ford VIN 1FAFP53U61A203476, sticker IM8-4783232;2000 Chevy VIN 1GCDT19W8YK192242, sticker IM8-4783189) 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 two (2) years. 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, z,<i Ot.,6&, ? ?. Anita M. Wasko, Director Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street Harrisburg, PA 17104 717-787-2895 COMMONWEALTH OF PA, Appellee VS STEVEN TORRAO, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension PETITION FOR APPEAL OF DEPARTMENTAL ORDER OF SUSPENSION was sent to the following address by United States Mail: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, Date: :;3 [(Z,(o ABELN LAW O FIC Gregory Abeln, Esquire 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 00 .C UI b z _1 -6.. ._ r 01 cvk W v z ` COMMONWEALTH OF PA, Appellee ; VS STEVEN TORRAO, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OQ - I(vaa alv!(Terv- ORDER MAR 1 7 2004 AND NOW, this J T T ` day of , 2009, upon consideration of the Petition for Appeal from the within Department Order of Suspension, a hearing is set for the day of jjr? 2009, at /: D o'clock ?.m. in Courtroom No. of the Cumberland County Courthouse. FURTHERMORE, the Department Order of Suspension in this case is stayed pending the disposition of the appeal hearing. By the Court, Cc: Phillip Bricknel, Esquire ,A?'or the Commonwealth _ Dc P} o F Trans ,&egory Barton Abeln, Esquire For the Appellant A ??S A! Y' f? F( 1'd1??1 1...1? 8 4 :01 A 8 ! 8vw 6002 AUVi&,-Ny I06d 3Hl ?O COMMONWEALTH OF PA, V. Appellee STEVEN TORRAO and S&J PERFORMANCE & REPAIR LLC-OIS#BV76 Appellants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1622 Civil Term MOTION TO AMEND PETITION FOR APPEAL OF DEPARTMENTAL ORDER OF SUSPENSION AND NOW, comes Appellant, Steven Torrao, by and through his attorney, Gregory Barton Abeln, Esquire, who files this instant motion to amend his petition for appeal of departmental order of suspension, and avers as follows: 1. On March 16, 2009, Appellant, Steven Torrao, filed an appeal of a Departmental Order of Suspension issued by the Pennsylvania Department of Transporation. 2. The Pennsylvania Department of Transportation, Office of Chief Counsel, has contacted the undersigned attorney and has indicated that Mr. Torrao's company, S&J Performance & Repair LLC-OIS #BV76, is also under suspension of the same issues that are currently raised in his appeal at the above captioned number. Appellant therefore requests that the petition for appeal be amended to include his company. 4. Counsel for the Department of Transportation has no objection. DATE: Ls (c) Respectfully Submitted, ABELN LAW OFFI ES Gregory Barton Abeln, Esquire ID #35960 Attorney for Appellant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 COMMONWEALTH OF PA, V. Appellee STEVEN TORRAO and S&J PERFORMANCE & REPAIR LLC-OIS#BV76 Appellants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1622 Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing motion to Amend PETITION FOR APPEAL OF DEPARTMENTAL ORDER OF SUSPENSION was sent to the following address by United States Mail: DEPARTMENT OF TRANSPORTATION Christopher Johnson, Esquire Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, Date: Q ABELN LAW OF IC S CNT 0" 1- Gregory Abeln, Esquire 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 y THE F "PY 2909 kP R -3 PH 2.33 CtJ?I ii V ? 4: .i, F APR 0 9 2000 b r COMMONWEALTH OF PA, V. Appellee STEVEN TORRAO and S&J PERFORMANCE & REPAIR LLC-OIS#BV'76 Appellants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1622 Civil Term ORDER Oh AND NOW, this day of, 2009, upon consideration of the motion to Amend Petition for Appeal of Department Order of Suspension, said motion is GRANTED. A hearing has been previously set for May 29, 2009 at 11:30 a.m. in Courtroom #5 of the Cumberland County Courthouse. FURTHERMORE, the Department's orders of suspension in this case are stayed pending the disposition of the appeal hearing. By the Court, Cc: Christopher Johnson, 'Esquire For the Commonwealth Gregory Barton Abeln, Esquire For the Appellant l D t- CC deh?t Lse'L /OF ?l *-?- M.L. Ebert, Jr., 5 C :01 WV C 18dv 5001 .&8ViGNOH.1(L4d 3Hi 30 3,-4-?o-r<Mq COMMONWEALTH OF PA IN THE COURT OF COMMON PLEAS OF Appellee CUMBERLAND COUNTY, PENNSYLVANIA V. i STEVE TORRAO and S&J PERFORMANCE & REPAIR: LLC-OI #BV76 Appellants NO. 09-1622 CIVIL ORDER OF COURT having will be NOW, this 29th day of May, 2009, the Appellant, Steven Torrao a continuance of this matter unopposed by the Commonwealth, IS HEREBY ORDERED AND DIRECTED that the hearing in this matter nued until Thursday, October 29, 2009, at 1:30 p.m. By the Court, ?% -t- E---U4 . - M. E. "'Ebert, Jr., J. Ch B. Abeln, Esquire for Appellant her Johnson, Esquire for PennDot bas 10 0bid R,MHE