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Home My WebLink About04-2259SHAWN L. LIBERATOR and LOVE'S AUTO SALES, INC., Petitioners V COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA _. ._ : NO. 2004 - ,~ A~'~' ._ : CIVIL TERM ._ : PETITION FOR APPEAL Petitioners, Shawn L. Liberator and Love's Auto Sales, Inc., by their attorneys, Broujos and Gilroy, P.C., set forth the following: 1 Petitioners include Shawn L. Liberator who is an adult individual with a work address of 1970 Spring Road, Carlisle, Cumberland County, Pennsylvania and Love's Auto Sales, 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 of c/o Chief Counsel's Office, Riverfront Office Center, 1101 S. Front Street, 3rd Floor, Harrisburg, Pennsylvania, 17104-2416. 3 By letter of May 7, 2004, DOT issued an Order of Suspension of Official Inspection Station status to Petitioner Shawn L. Liberator and Petitioner Love's Auto Sales, Inc., whereby DOT suspended the Certificate of Appointment as an Official Safety Inspection Station held by the Petitioners for a period of two (2) years. A copy of the May 7, 2004 letter from DOT is attached hereto and marked Exhibit A. 4 The Petitioners hereby appeal the action of DOT in this matter pursuant to 75 Pa. C.S.A. §4724 (b) which authorizes any person whose Certificate of Appointment has been suspended to appeal to the Court of Common Pleas. 5 The suspension imposed by DOT as it relates to the two Petitioners should be overturned or modified for the following reasons: a. There was not sufficient information on the record to support the allegations made against the Petitioners. b. The two-year suspension is illegal and not based upon the facts or the law applicable to this case. c. The determination to run the suspensions in question consecutively for a total of a two-year suspension was illegal and an abuse of discretion by DOT. d. Such other reasons as may appear at a hearing in this case. 6 Pursuant to 75 Pa. C.S.A. §4724, this court should schedule a hearing on the petition at which time DOT shall come forward with evidence in support of its action. 7 Petitioners also seek a supersedes 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 requested supersedes. WHEREFORE, the Petitioners request your Honorable Court to set a hearing in this matter and, upon conclusion of the hearing, to direct that the suspensions in question be revoked. Date Hubert X. Gilroy,. Es~tl're Attorney for Petitioners Broujos and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 ~a~ 10 04 08:5B~ LOVE'S ~UTO SRLES INC ?17-248-2042 COMMONWEALTIt OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 May 7, 2004 Shawn L Liberator Love's Auto Sales lnc-OIS# 0952 t970 Spring Rd Carlisle. PA 17013 ORDER OF SUSPENSION OF OFFICIAL [NSPEC'I'ION STATION 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 during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended for one (1) year for furnish, lend, give, setl or receive a certificate of inspection without inspection (sticker #Al 1-2451967) and one ( 1 ) year tbr fraudulent record keeping. Further, thc Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run consecutively, tbr 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 considered separately. Yeu ate ordered to surrender to the bearer of this notice, who is a representative of the Department el'Transportation, your Certificate(s} of Appointment and all sat~ty inspection stickers. Two (2) weeks prior to the expiration of your suspension, you may coutact your Quality Assurance Officer for reappointment A complete and through investigation may be conducted to determine if you are qualified ffr re~ppointrnent. You }xave 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 IHIS ORDER. If you do file an appe~.l, 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 Supcrszdeas from the Court directing the Deparrmem 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 Riverfrom Office Center 110] S. Front Street, 3'~ Floor Harrisburg, PA 17104-2416 Sincerely, Kurt I. Myers, Director Bureau of Motor Vehicles EXHIBIT I, Shawn L. Liberator, on my own behalf and as an officer of Love's Auto Sales, Inc., verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. SHAWN L. LIBERATOR and LOVE'S AUTO SALES, INC., Petitioners COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent MAY 2 0 2004 : IN THE CCITT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA .. .. : NO. 2004- ._ : CIVIL TERM .. ORDER AND NOW this day of May, 2004, upon consideration of the attached Notice of Appeal involving the suspension of a Certificate of Appointment as an Official Safety Inspection Station for the Petitioners Shawn L. Liberator and Love's Auto Sales, Inc., a hearing is scheduled in Courtroom No. --~ of the Cumberland County Courthouse on the v~3~._day of ~ ~, 2004 at ['~.~d ~_ .m. at which time the court will take testimony and examine into the facts of the case to determine whether the suspension of the Certificate of Appointment as an Official Safety Inspection Station is appropriate. Pending further order of this Court, this order shall also act as a STAY on the Commonwealth of Pennsylvania Department of Transportation with respect to the suspension imposed upon Shawn L. Liberator and Love's Auto Sales, Inc., by the Department of Transportations May 7, 2004 letter. The Commonwealth of Pennsylvania Department of Transportation is directed to restore to Shawn L. Liberator and Love's Auto Sales, Inc., their Certificate of Appointment as an Official Safety Inspection Station pending the outcome of this appeal. BY THE COURT, cc: Hubert X. Gilroy, Esquire Broujos and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 ~ Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3~ Floor Harrisburg, PA 17104-2416 SHAWN L. LIBERATOR and LOVE'S AUTO SALES, INC. : IN THE COURT OIF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 04-2259 CIVIl_ TERM COMMONWEALTH OF PA DEPARTMENT OF TRANSPOI~,TATION !N RE: HEARING CONTINUED ORDER OF COURT AND NOW, July Jl~004, the hearing scheduled in the above matter for August 2, 2004, is continued to Wednesday, September 29, 2004, at 1:30 By the; Court, Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, Pa 17013 David Markowitz, Esquire Pa. Dept. of Transportation Office of Chief Counsel 1101 South Front Street, 3~d Floor Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SHAWN L. LIBERATOR AND LOVE'S AUTO: SALES, INC. V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES NO. 2004-2259 CIVIL ORDER AND NOW, this ~ day of .__~~, 2004, upon representation of David Markowitz, Assistant Counsel for the Department of Transportation, that the parties have come to an agreement to resolve the appeal in the above captioned matter, the appeal is dismissed and remanded to the Department of Transportation. The Department shall suspend the certificate of appointment as an official safety inspection station of Shawn L. Liberator and Love's Auto Sales, Inc., for two months for improper recordkeeping and two months for faulty inspection, to be served consecutively for a total of four months. The Department shall award one month credit toward service of the above referenced suspension. Accordingly, the total suspension term of the certification remaining to be served is three months from December 20, 2004. On that date, Shawn L. Liberator and Love's Auto Sales, Inc., shall surrender to the Department's Quality Assurance Officer his/its certificate of appointment, all inspection stickers and inserts, and any records required by the Quality Assurance Officer to complete a closeout audit . BY THE ' · ' iV""-(, j. avieS to: / id Markowitz, Esquire, PENNDOT Office of Chief Counsel, 1101 SoutJ2'Front Street, 3rd Floor, Harrisburg, PA 17104°2516 o~be~ X. Gilroy, Esquire, Broujos & Gilroy, P.C., 4 North Hanow.-r Street, Carlisle, PA 17013