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Home My WebLink About10-6135CALDWELL & KEARNS, P.C. Counsel of Record for Petitioner/Defendant George Farlling By: Stanley J.A. Laskowski Thomas S. Lee PA I.D. Nos. 37422 & 89440 3661 North Front Street Harrisburg, PA 17110 (717) 232-7661 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - vs. STATUTORY APPEAL GEORGE FARLLING, Petitioner NO. -? S 'j PETITION FOR APPEAL FROM ORDER OF -? DEPARTMENT OF TRANSPORTATION' SUSPENDING CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR TO THE HONORABLE JUDGES OF SAID COURT: 1. Petitioner is George Farlling, owner and operator of G A Farlling's Garage. 2. G A Farlling's Garage is located at 654 Bloserville Road, Newville, Pennsylvania 17241. 3. Petitioner currently possesses a certificate of appointment issued by the Department of Transportation in 1984, to act as an official inspection station. Petitioner has operated continuously without written warning or suspension since 1984. 4. On or about August 30, 2010, Petitioner received notice from the Pennsylvania Department of Transportation notifying him that his present certification as an Official Safety Jrf a, 00 pt d- -# 5-6-V Rrr4yg.7?G Inspector was being suspended pursuant to 75 Pa. C.S. § 4726(b). A copy of said notice is attached hereto and marked as Exhibit "A." 5. The reason cited therein was petitioner's performing repairs for the purpose of passing an inspection without vehicle owner authorization. 6. Said order suspending Petitioner's certification as an Official Safety Inspector is illegal, unreasonable and an abuse of discretion on the part of the Pennsylvania Department of Transportation. 7. Petitioner respectfully prays that this appeal be allowed pursuant to 75 Pa. C.S. § 4726(c); that a hearing date be granted de novo to determine whether Petitioner is subject to suspension of his Certificate; and that an Order of Supersedeas be granted to the Petitioner so that he may continue to use his certification as an Official Safety Inspector pending the outcome of the appeal. Respectfully submitted, Stanley J.A. L skowski Thomas S. Lee CALDWELL & KEARNS, P.C. PA I.D. Nos. 37422 & 89440 4423 North Front Street Harrisburg, PA 17110 (717) 232-7661 Counselors for Petitioner George Farlling 04786-002/167204 EXHIBIT 08/-;1/2010 09:46 7177769459 _ffr) pennsytvania DEPARTMENT OF TRANSPORTATION r CTeorge Farlling 654 Bloserville Road Newville,PA 17241 (G A Farlling's Garage-OIS##K379) NEWVILLEPPINT 7.01 PAGE 01 [PA jl,?Qy, I Vehicle Itspectiott T)iviswin P. O. Rox 69003 Harrisburg PA 1711.ti6 x)00? Phone: (717) 787-2895 MECHANIC 411-964-162 CERTIFIED MAIL: 7004 2510 0001 4105 00,40 MAIL DATE: August 26, 2010 ORDER OF SUSPENSION OF OFFICAL SAFETY INSPECTOR You are hereby notified that your certification as an Official Safety Inspector is suspended, plls-tiU.lilt to Section 4726 of the Vehicle Code. No vehicle safety inspections may be performed during the suspension. Pursuant to Departmental regulations, your certification as an Official. Safety Inspector will be SUSI-Kndcd for four (4) months for performing repairs for the purpose of passing an inspection without vehicle ownar aiAhorizatiou (1998 Ford, VIN-3F'AIKP1137WR254547). The suspension(s) will run consecutively, for a total suspension of four (4) months. -Phis suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation ecrosidcre?.d separately. THE SUSPENSION WILL BE EFFECTIVE October 5, 2010. At this time, you lire ordcr,,,d to surrender to the Quality Assurance Officer, who is a representative of the Department of'I'mnspooat ion, your Safety Inspector Certification card.. Upon completion of your suspension, your inspeetUr certi I ical iwi cwd will be returned to you. You have the right to appeal this Departmental Order of Suspension to the Court of c_ onitnon 111eus oi' tlic County in wbich the above referenced inspection station is located, WITHIN THIRTY (30) DAYS 01' THE MAIL DATE OF THIS ORDER.. If you do file an appeal, a signed and time-stamped ?:oliy ol• the appeal must be served upon the Department at the mailing address listed below. F1 LING 01' 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 I cpwtlllent to stoy the suspension must be served upon the Department at the mailing address listed below, MAILING ADDRESS: Sincerely, Dbpartment of Transportation Chief Counsel's Office 2iveefront Office Center 1101 S. Front Street, 3rd Floor Anita M. Wasko. Director Harrisburg, PA 17104,2416 Bureau of Mutor Vehicles Vehicle Inspections 1 1101 S. Front Street 1 Harrisburg, PA 171041 717-7'j7-28Q', VERIFICATION I verify that the averments contained in the foregoing Petition for Appeal from Order of Department of Transportation Suspending Petitioner's Certification as an Official Safety inspector are true and correct to the best of my knowledge, information and belief. I understand that said averments are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: la- George Farlling COMMONWEALTH OF PENNSYLVANIA, VS. GEORGE FARLLING, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - STATUTORY APPEAL NO. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petitioner for Appeal has been served on the following by certified mail: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, P Fl. Harrisburg, PA 17104-2416 Dated: 9 ,a q " (c) Thomas S. Lee CALDWELL & KEARNS, P.C. PA I.D. No. 89440 4423 North Front Street Harrisburg, PA 17110 717) 232-7661 Counsel for Petitioner George Farlling CALDWELL & KEARNS, P.C. By: Stanley J.A. Laskowski Thomas S. Lee PA I.D. Nos. 37422 & 89440 3661 North Front Street Harrisburg, PA 17110 (717) 232-7661 COMMONWEALTH OF PENNSYLVANIA, vs. GEORGE FARLLING, Petitioner Counsel of Record for Petitioner/Defendant George Farlling IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - STATUTORY APPEAL NO. PETITION FOR SUPERSEDEAS PENDING OUTCOME OF APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OFFICIAL SAFETY INSPECTOR TO THE HONORABLE JUDGES OF SAID COURT: 1. Petitioner is George Farlling, owner and operator of G A Fariling's Garage. 2. G A Farlling's Garage is located at 654 Bloserville Road, Newville, Pennsylvania 17241. 3. Petitioner currently possesses a certificate of appointment issued by the Department of Transportation in 1984, to act as an official inspection station. Petitioner has operated continuously without written warning or suspension since 1984. 4. On or about August 30, 2010, Petitioner received notice from the Pennsylvania Department of Transportation notifying him that his present Certificate of Appointment as an Official Safety Inspection Station was being suspended pursuant to 75 Pa. C.S. § 4726(a). A copy of said notice is attached hereto and marked as Exhibit "A." 5. The reason cited therein was petitioner's performing repairs for the purpose of passing an inspection without vehicle owner authorization. 6. Said order suspending Petitioner's Certificate of Appointment as an Official Safety Inspection Station is illegal, unreasonable and an abuse of discretion on the part of the Pennsylvania Department of Transportation. 7. Petitioner respectfully requests supersedeas, or a supersedeas hearing so that he can maintain operation of his business pending the outcome of his appeal. Respectfully submitted, Thm&'s S. e CALDWELL & KEARNS, P.C. PA I.D. No. 89440 4423 North Front Street Harrisburg, PA 17110 (717) 232-7661 Counsel for Petitioner George Farlling 04786-002/167233 EXHIBIT ?c 9 4 F, 1,1P4'o'ILLEPRINT P16E 01 p ennsytvania DEPARTMENT OF TRANSPORTATION 1 CTeorge Fartling 654 Bloserville, Road Newville,PA 17241 (G A Farlling's Garage-OIS#x.379) ?-f,? g,qAV, I Vehicl.c Inspection DiViS1011 P. O. Rox 69003 Harrisburg PA 17; U6-900 Phone; (717) 767-2845 MECHANIC. #11-964-162) CERTIFIED MAIL: 7004 ?.5 t 0 ()O01 4105 (1+40 MAIL I)ATE. August 26, 2010 ORDER OF SUSPENSION Ox C)FFICAL SAFET?i' iNSF'EC F'OI2 You are hereby notified that your certification as an Official Safety Inspector is suspended, pursu.+nt 10 Section 4726 of the Vehicle Code. No vehicle safety inspections may be performed during thr su:;pcnsi n. Pursuant to Departmental regulatiozas, your certification as an Official Safety 1.n3Pect0r will hr r:ur:l?cnclc cl for four (4) months for performing repairs forthe purpose of passing an inspection without vchicle owli r au'[hmixation (1998 Ford, VIN-3FAKP1137WR254547). The suspension(s) will nun consecutively, for a total suspension of fou.r (4) months. -Phis susl7r n:,i + i is II C, run consecutively with any other suspension(s) imposed by the Department for any violation consid vd separlately. TRF SUSPENSION WILL BE EFFECTArE October 5, 2010. At this time, you are ordcAr.xl to surrender to the Quality Assurance Officer, who is a representative of the Department of Transpo tati+,n, your Safety Inspector Certification card. Upon completion. of your stispension, your inspector curt;1 icc,t io,+ card will be returned to you. You have the right to appeal this Departmental. Order of Suspension to the Court of Common Plt:?is of tl,r County in which. the above referenced inspection statiou is located, WITHIN THIR'T'Y (ail) DAY`; 0 THE MAIL DATE OF THIS ORDER. if you do file an appeal, a signed and time.-stamtu:d k?+,I,y ol'Ihc• appeal must be served upon the Department at the mailing address listed below- FILING 01" AN APPEAL DOES NOT AUTOMATICALLY STAY TIM SUSPENSION. In or?icr for yc+ur privily ae.>; ic+ be restored pending appeal, a signed Order of Supersedeas from the Court directing, the l.)cpartn+cnt tk) tit:ly the suspension must be served upon the Department at the mailing address listed beiwv, MAILING ADDRESS: Sincerely. D61aartment of Transportation Chief Counsel's Office 12ivetfront Office Center 11'01 S. Front Street, 3rd Floor Anita M. 'v-Vasko- llircctoj Harrisburg, PA 17104-2416 Bureau of,-Motor Vchiclcs Vehicle Inspections l 1101 5. Front Street j Harrisburg, Pfc. 171041 ' x%'7`%7 - VERIFICATION I verify that the averments contained in the foregoing Petition for Supersedeas Pending the Outcome of Appeal from Order of Department of Transportation Suspending Petitioner's Certification as an Official Safety Inspector are true and correct to the best of my knowledge, information and belief. I understand that said averments are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 57- oil - !Q ?c eorge Farlling COMMONWEALTH OF PENNSYLVANIA, vs. GEORGE FARLLING, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - : STATUTORY APPEAL NO. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petitioner for Supersedeas Pending the Petition for Appeal has been served on the following by certified mail: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3" Fl. Harrisburg, PA 17104-2416 Dated: 9_01 y, I() Thomas S. Lee CALDWELL & KEARNS, P.C. PA I.D. No. 89440 4423 North Front Street Harrisburg, PA 17110 717) 232-7661 Counsel for Petitioner George Farlling COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE FARLLING, PETITIONER 10-6135 CIVIL TERM ORDER OF COURT AND NOW, this 0 day of September, 2010, it is hereby ADJUDGED, ORDERED and DECREED that an Order of Supersedeas be granted to the Petitioner in the above-captioned matter directing the Pennsylvania Department of Transportation to stay the suspension of the Petitioner's certification as an Official Safety Inspector pending this appeal. A hearing on the appeal from the suspension of the certification as an Official Safety Inspector shall commence at 1:30 p.m., Friday, December 10, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. ?Christopher Johnson, Esquire For the Department of Transportation ,1--T'homas S. Lee, Esquire For Petitioner ? :saa : w : J j 5- 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 FILED-OFFICE OE THE PROTHONOTARY 2010 DEC -9 AM 10: 0 f CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES } VS. GEORGE FARLLING, t/d/b/a G.A. } NO. 10-6136 / FARLLING'S GARAGE, OIS #K379, 10-6135 and GEORGE FARLLING, Op. #11964162 } ORDER AND NOW, on this S?7 day of December, 2010, the appeals filed at the above referenced docket numbers are CONTINUED and RESCHEDULED for the 11th day of March, 2011, AT 9:30 a.m.., in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT: J. Attest: homas S. Lee, Esq., Caldwell & Kearns, 3631 N. Front Street, Harrisburg, PA 17110-1533 /?istopher J. Johnson, Esq., PennDOT Office of Chief Counsel, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2516 l eo es ,?.t'(?.C.. loj c2l10 COMMONWEALTH OF PENNS LVANIA DEPARTMENT OF TRANSPORT ATION OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNS ON Assistant Counsel Attorney I.D. No. 204296 RIVERFRONT OFFICE CENTER 3d FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANI 17104-2516 (717) 787-2830 € 10 , f J: r yy r a , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLE } vs. } GEORGE FARLLING, t/d/b/a G.A FARLLING' S GARAGE, OIS #K3 9, and GEORGE FARLLING, Op. #11964162 AND NOW, on this referenced docket numbers are are REINSTATED, effective D months' credit to petitioner, so that 1 } NO. 10-6136 10-6135 ORDER day of March, 2011, the appeals filed at the above RAWN and DISCONTINUED, and the suspensions 15, 2011, the Department agreeing to grant two total suspension time remaining is two (2) months. BY THE COURT: 1. Attest: ,/ Thomas S. Lee, Esq., ,/ Christopher J. Johnson, 1101 S. Front Street, COples1 11 & Kearns, 3631 N. Front Street, Harrisburg, PA 17110-1533 PennDOT Office of Chief Counsel, Riverfront Office Center, irg, PA 17104-2516 red