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HomeMy WebLinkAbout09-2070FAFI FS\CU. 12591 Liberator Perfomance\License Inspection Appeal\12591.2.LlApplOIS.wpd Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners LAVANA SHAW and LIBERATOR IN THE COURT OF COMMON PLEAS OF PERFORMANCE SALES & SERVICE, CUMBERLAND COUNTY, PENNSYLVANIA INC., Petitioners NO. 2009- 2,0 70 CIVIL TERM vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR APPEAL OF ORDER OF SUSPENSION OF OFFICIAL SAFETY INSPECTION STATION Petitioners, Lavana Shaw and Liberator Performance Sales & Service, Inc., by their attorneys, Martson Law Offices, set forth the following: 1. Petitioners include Lavana Shaw, who is an adult individual with a work address of 1970 Spring Road, Carlisle, Pennsylvania, and Liberator Performance Sales & Service, Inc., which is a Pennsylvania corporation with a business address of 1970 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation (DOT) with a mailing address in care of the Chief Counsel's Office, Riverfront Office Center, 1101 S. Front Street, Third Floor, Harrisburg, Pennsylvania 17104-2416. 3. By letter dated March 24, 2009, DOT issued an Order of Suspension of Official Inspection Station status to Petitioners whereby DOT suspended the Certificate of Appointment as an Official Safety Inspection Station held by the Petitioners for a period of four months. 4. Petitioners hereby appeal the action of DOT in this matter pursuant to 75 Pa. C. S.A. Section 4724 (b). 5. The suspension imposed by DOT as it relates to the Petitioners should be overturned or modified for the following reasons: A. There is not sufficient information on the record to support the allegations made against the Petitioners; B. The suspension is illegal and not based upon facts or the law applicable to this case; and C. Such other reasons as may appear at the hearing in this case. 6. Pursuant to 75 Pa. C.S.A. Section 4724, this Court should schedule a hearing on the Petition at which time DOT shall come forward with evidence, if any, in support of its actions. 7. Petitioners also seek a supersedeas of the action of DOT pending resolution of this Appeal, and incorporate the allegations set forth in paragraph 5 as reasons for this Court to grant the request of supersedeas. WHEREFORE, the Petitioners request your Honorable Court to set a hearing in this matter and, upon conclusion of the hearing, direct that the suspensions in question be revoked. MARTSON LAW OFFICES By: Hubert X. Gilr ,Esquire Attorney I.D o. 29943 10 East HrAA Street Carlisle, 17013 (717) 243-3341 Date: April 2009 Attorneys for Petitioners Mar 25 2009 3:08PM HP LRSERJET FAX Pennsylvania DEPARTMENT OF TRANSPORTATION Lavana Shaw Liberator Performance Sales & Service Inc-OIS#0952 1970 Spring Road Carlisle, PA 17013 Vehicle Inspection Division Post Office Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2895 STATION: 0952 CERTIFIED MAIL: 7004 2510 00014164 5352 MAIL DATE: March 24, 2009 P.1 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STAWN You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, - pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended for two (2) months for inspection by mechanic with suspended, revoked, cancelled or recalled operating privileges (129 inspections performed with suspended license, from February 13, 2008 through November 03, 2008, stickers AIS-0925715 through AI8-0925720, A18-2533561 through A18-2533660, AIS-9800701 through A18-9800718 and AOS-0219511 through A08-0219515);four (4) months for inspection by uncertified mechanic by Craig Edward Stuber, Oper 21-468-982 and (2) months for improper record keeping (fail to record the required information, total costs, tire readings, registration number, inspection sticker number, body type, insurance information, anti-tampering checks and road tests) . The suspension(s) will run concurrently, for a total suspension of four (4) months. This suspension is to run consecutively with any other suspension(s) imposed. by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE April 28, 2009. At this time, you are ordered to surrender to the Quality Assurance Officer, 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 reappointment. A complete and thorough investigation may be conducted to determine if you are qualified for reappointment. 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 MAIL DATE OF THIS ORDER. I f you do f ile an a ppeal, a s igned and time-stamped c opy of t he appeal m ust b e s erved u pan t he .Department at the mailing addnass 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: Sincerely, Department of Transportation Chief tm YS Office C enter t Offi Of ltiverfronce Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Anita M. Wasko, Director Bureau of Motor Vehicles EXHIBIT A Vehicle inspections 1101 S. Front Street I Harrisburg, PA 17104 717-767-2895 I R Q 4? Q? l V V\_v` V V •a ?i/3 tI ANN U e MW 6 LAVANA SHAW and LIBERATOR IN THE COURT OF COMMON PLEAS OF PERFORMANCE SALES & SE VICE, CUMBERLAND COUNTY, PENNSYLVANIA INC., Petitioners NO. 2009- 00 CIVIL TERM vs. COMMONWEALTH OF PENN YLVANIA, DEPARTMENT OF TRANSPORTATION, ORDER OF COURT AND NOW, this 'J " ay of April , 2009, upon consideration of the attached Petition for Appeal involving the suspensio of the a Certificate of Appointment as an Official Safety Inspection Station for the Petitioners Lavan Shaw and Liberator Performance Sales & Service, Inc., it is ordered and directed as follows: 1. A hearing IStatio led in Courtroom No. in the Cumberland County Courthouse on the day of 2009, at j0-t'?1 A. m. At said hee Court will take testimony and examine into the facts of the case to determine the suspension of the Certificate of Appointment as an Official Safety Inspection is appropriate. 2 Pending further Order of this Court, this Order shall also act as a Stay on the Commonwealth f Pennsylvania, Department of Transportation, with respect to the suspension impo ed upon Lavana Shaw and Liberator Performance Sales & Service, Inc., by the Departme t of Transportation's March 24, 2009, letter. The Commonwealth of Pennsylvania, D artment of Transportation, is directed to restore to Lavana Shaw and Liberator Perfo ance Sales & Service, Inc., their Certificate of Appointment as an Official Safety I spection Station pending the outcome of this appeal. BY THE COURT: cc: A ubert X. Gilroy, 10 E. High Street, ,4artment of Transpo Chief Counsel's Office Riverfront Office Cent4 1101 S. Front Street, 7 Harrisburg, PA 17104-: PA 17013 d Floor 16 14 Judge AINN Y'"' C'A L C t©l WY 6- 8 1 AdViQNOH;l:.',Wd 3Hi ?O 3OLtJO-031ta;. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON Assistant Counsel Attorney I.D. No. 204296 RIVERFRONT OFFICE CENTER, 3d FLOOR 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. 2009-2071 DEPARTMENT OF TRANSPOTRTATION, 2009-2070 BUREAU OF MOTOR VEHICLES ~ vs. J LAVANA SHAW and LIBERATOR } PERFORMANCE SALES & SERVICE, INC. OIS # 0952 AGREED ORDER AND NOW, this ~ day of July, 2009, the appeal filed in the above referenced matter is WITHDRAWN, and the parties agree that the suspensions of the Petitioner's Certificates of Appointment as an Official Safety and Emission Inspection Station shall be reinstated as follows: (a) The Petitioner's Certificate of Appointment as an Official Safety Inspection Station shall be suspended for two (2) months for the offense of inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege, for four (4) months for the offense of inspection by uncertified mechanic (Craig Edward Stuber, Oper. # 21-468-982), and for two (2) months for the offense of improper record keeping with the Department agreeing to run all suspensions concurrently, and that two (2) months' credit shall be granted, so that the suspensions shall run for a total of two (2) months. (b) The Petitioner's Certificate of Appointment as an Official Emission Inspection Station Shall be suspended for two (2) months, for the offense of inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege. (c) The suspension periods shall commence on November 1, 2009. BY THE COURT: ~;~~ Judge M. L. Ebert, Jr. DISTRIBUTION: `Hubert X. Gilroy, Esquire, Martson Law Offices, 10 East High Street, Carlisle, PA, 17013 Christopher J. Johnson, Esquire, Office of Chief Counsel, Penn DOT, 1101 South Front Street - 3`d Floor, Harrisburg, PA 17104-2516. ~0 ~'~ S 7 ~~vp c.... /ri `c.l I~~CJL~ F1LEU~-tJt=c~1C~ ~3~ THc p~,~, ~ ~ ~'~~T~?Y ZOQ9 JLi -2 P.9 2~ l 3 CU?,ti~_ ,~., .~;~~~~~~_, y ;. r-~