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Home My WebLink About09-2071F TILESThents\12591 Liberator Perfomance\License Inspection Appeal l2591.2.LIApplOEmIS 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- ;u& 7 / CIVIL TERM vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR APPEAL OF ORDER OF SUSPENSION OF OFFICIAL EMISSION 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. 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 17014-2416. 3. By letter dated March 24, 2009, DOT issued an Order of Suspension of Official Emission Inspection Station status to Petitioners whereby DOT suspended the Certificate of Appointment as an Official Emission Inspection Station held by the Petitioners for a period of two months. 4 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. Gilroy, E uii Attorney I.D. No. 943 10 East Hig/Set Carlisle, PA (717)243-3 Date: April C7? , 2009 Attorneys for Petitioners Ma"' 25 2009 3:08PM HP LRSERJET FRX pennsylvania DEPARTMENT OF TRANSPORTATION Lavana Shaw Liberator Performance Sales & Service Inc-OIS#0952 1970 Spring Road Carlisle, PA 17013 Vehicle Inspection Division P. O. Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2895 STATION #: 0952 CERTIFIED MAIL: 7004 2510 0001 4164 5376 MAIL DATE: March 24, 2009 - .•?_?.<. yr urri 1AL E ... -._. oN T x r T N You are hereby notified that your Certificate of Appointment as an Official Emission Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed at your station during the suspension. Pursuant to Departmental re Appointment will be suspended for two (2) months for ins pection tioect your Certificate of revoked, cancelled, expired or recalled vehicle operating by emission inspector with suspended, 0888762 through, IM8-0888800. IM8-2928081 through M8-2928 81 t 468-982. by Craig Edward Stuber, O per r 2$- The suspension(s) will, run consecutively, for a total suspension of two (2) months. This sus with any other suspension(s) unposed by the De pension to run consecutively considered separately. THE SUSPENSION WELL BE E Department for any violation surrender to the Quality Assurance Officer, what s a?reM April 28, 209' At this time, you are ordered to your Emission Certificates(s) of Appointment, emissionretive of the Department of Transportation, items, Your emissions inspection inspection stickers and other related emission for the duration of this suspension. equipment will be locked out from performing official emissions testing Two (2) weeks prior to the expiration of your suspension, reappointment. A c omplete a nd t borough insh'ga onu ay b e c onducted tt o d ?Armsu e n f O re qualified for reappointment. y u u a re You have the right to appeal this Departmental Order of Suspension to the Court of Co County in which the above referenced inspection station is 1 , ?VITI? ?? (30) moron? Pleas DAYS S the THE MAIL DATE OF THIS ORDER If you do file an appeal, a signed and time-stamped copy of the APPEAL DOES NOT AUTOMATICALLY STAY mailing address listed below. FILING OF AN be restored pending appeal, a si THE SUSPENSION. In order for your privileges to Order of S the suspension and the fine, mustgnedbe served up nuthe Department at the ma nr the Department to stay $ ass listed below. MAILING ADDRESS: Department of Transportation Sincerely, Chief Counsel's Office Riverfront Office Center EXHIBIT 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 s Anita M- Wasko, Director Bureau of Motor Vehicles P-2 Vehicle Inspections 11101 S. Front Street I Harrisburg, PA 17104 1717-787-2895 Rorlof gb' '?{ OF IK 2009 APR -2 AM it : 16 7f,5-Z->,eW -44, ,? ??7r as 3 i -.yr APR 0 6 2000q LAVANA SHAW and LIBERATOR IN THE COURT OF COMMON PLEAS OF PERFORMANCE SALES & SERVICE, CUMBERLAND COUNTY, PENNSYLVANIA INC., Petitioner NO. 2009- o-°?p 71 CIVIL TERM vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSP TATION, ORDER OF COURT AND NOW, this day of April , 2009, upon consideration of the attached Petition for Appeal involving the suspension of the a Certificate of Appointment as an Official Emission Inspection Station for the Petitioners Lavana Shaw and Liberator Performance Sales & Service, Inc., it is ordered and directed as foll ws: 1. A hearing is scl Courthouse on l v! Do into the facts of Appointment as 2. Pending further Commonwealth suspension impc Inc., by the Depar of Pennsylvania, and Liberator Pei Official Emissio: luled in Courtroom No. 5 in the Cumberland County e 111 P'- day of , 2009, at . m. At said hearing, the Court will take testimony and examine e case to determine whether the suspension of the Certificate of Official Emission Inspection Station is appropriate. arder of this Court, this Order shall also act as a Stay on the f Pennsylvania, Department of Transportation, with respect to the ed upon Lavana Shaw and Liberator Performance Sales & Service, ment ofTransportation's March 24, 2009, letter. The Commonwealth Department of Transportation, is directed to restore to Lavana Shaw ormance Sales & Service, Inc., their Certificate of Appointment as an Inspection Station pending the outcome of this appeal. BY THE COURT: cc: ubert X. Gilroy, Esqu 10 E. High Street, Carli Aartment of Transpo Chief Counsel's Office Riverfront Office Cent( 1101 S. Front Street, T1 Harrisburg, PA 17104-: Judge PA 17013 J d Floor 16 t blN,'?AIASINN34 A( •N ? 83! wv 6-- ddd SoOI F R 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. } LAVANA SHAW and LIBERATOR } PERFORMANCE SALES & SERVICE, INC. OIS # 0952 AGREED ORDER AND NOW, this ~.*1 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. eo~~~~~ ~/~. o~ Irn.`~. L l~l_, ~- ~ LF[1-~"~~rl~~ 2009 JG! -2 F~~ 2~ P 3 ,..-~~.~r;i rt.