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HomeMy WebLinkAbout10-6136CALDWELL & 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 an -TI 36 N 0 7 . vj PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION l SUSPENDING CERTIFICATION AS AN OFFICIAL SAFETY INSPECTION STATION TO THE HONORABLE JUDGES OF SAID COURT: Petitioner, George Farlling, by and through the undersigned counsel, petitions the Court pursuant to 75 Pa.Cons. Stat. Ann. § 4724 for review of the order of the Department of Transportation suspending petitioner's certificate of appointment as an official inspection station and in support thereof avers as follows: 1. Petitioner is George Farlling, owner and operator of G A Farlling's Garage. 2. G A Fariling's Garage is located at 654 Bloserville Road, Newville, Pennsylvania 17241. ?-ef- .j1j? 737 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 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 Certification 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 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 Certification of Appointment; and that an Order of Supersedeas be granted to the Petitioner so that he may continue to use his Certification of Appointment as an Official Safety Inspection Station pending the outcome of the appeal. Respectfully submitted, anley J.A. Laskowski 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 Farlling04786 EXHIBIT ??? NEW'vILLEPRIIJT PAGE 02 C18/31/2010 09:46 7177769459 pennsy(vania DEPARTMENT OF TRANSPORTATION { George Farlling G A Farlling's Garage-OIS#K379 654 Bidservillt Road Neirville, PA 17241 Vehicle Inspection 17ivision Post Office Box 69003 Harrisburg, PA 17106-0003 Phone. (717) 787-2895 STATION: K379 CERTIFIED MAIL: 7004 2510 ()Ulll 41h5 0592 MAIL DATE: August 26, 2010 g QM)R OF SUSPENSION OF OFFICIAL. INSPECTION STATION Yoj are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is susln.nd?:d. pursuaast to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during tlu,• nx ??ths suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended lix thur (a) for performing repairs for the purpose of passing an inspection without vehicle owner authorization (I 098 Ford, V IN- 3FAKP 1137WR254547). ThO suspension(s) will run consecutively, for a total suspension of four (4) months. This suspension is to run co4ecittively with any other suspension(s) imposed by the Department for any violation considered separately. l'111: SU$PUNSION WILL BE EFFECTIVE October 5, 2010. 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 Aphoin1mcn1, aml all safetyinspection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Offices' for reappointment. A complete and thorough investigation may be conducted to determim il' yens OR, qualified for reappointment. You have the right to appeal this Depam mental Order of Suspension to the Court of Common Pleas of the County in which the bove referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THEM AIL DATE p1; 1111S ORDER. if you do file an appeal, a signed and tune-stamped copy of the appeal must be served upon the Dcp,trtn cnt at the pmailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLV STAY Tl l E: SUORNSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedcas k-om +hc (oml directing the Department to stay the suspension must be served upon the Department at the mailing address Iistal hchnv. MA4LT (A'DI)R1Y.SS: Sincerely, Deportrhent of Transportation Chidf (Dunsel's Office Rh4rfr6nt Office Center 1101 S.Tront Street, 3rd Floor Anita M. Wasko, Director Harifisbprg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street I Harrisburg, PA 17104 1 717-787-2895 VERIFICATION I verify that the averments contained in the foregoing Petition for Appeal from Order of Department of Transportation Suspending Official Inspection Station 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: '?? 7-,1- "'d i 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 Petition for Appeal from Order of Department of Transportation Suspending Official Inspection Station has been served on the following by certified mail: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Fl. Harrisburg, PA 17104-2416 Dated: 9- ) '-! - / 0 omas 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 INSPECTION STATION 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 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, - ;k - S y J.A. Laskowski Thomas S. Lee CALDWELL & KEARNS, P.C. PA I.D. Nos. 37422 & 89440 4423 North Front Street Harrisburg, PA 17110 (717) 232-7661 Counsel for Petitioner George Farlling 04786-002/167225 EXHIBIT PAGE 02' 59 I,lBY-,; ILLEF'PINT Fi )137 ! 2?C1G1 09: 41 71 i , 7F,- m?°nnsytvania DEPARTMENT OF TRANSPORTATION Gemrga Farlling 0 A Forlling's Garage-01S#K379 654 Slbserville Road N4,ville, PA 17241 Vehicle Inspection 17hisic>n post Office. Box 69003 Harrisburg, PA 11106-9003 phone: (717) 797-2$95 STATION: K379 CERTIFIED MAILS 7004 2510 0010 ?l 10 t),ct2 MAIL DATE: August 20, 201 (t ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION Yot are hereby notified t11at your Ccrtifrcate of Appointment as an Official Safety InspectiOll Station is us{ntncl d. pursuant to Section 4724 of the Vehicle Code, No vehicle safety inspections may be performed at y )klr ht,Illorl durill?? ilia" suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be sunpcndcd for liver (4) iut nthc for performing repairs for the purpose of passing an inspection without vehicle owner authorization (19 M i of d, V IN- 3FAKP 1137WR254547). Thy suspension(s) will run consecutively, for a total suspension of four (4) months. This suspcm6on :s to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. I'll E SUtPANSION WILL BF, EFFECTIVE October 5, 2010. At this time, you are ordered to s1.11-render to lhC Q11010N Assurance Officer, who is a representative of the, Department of Transportation, your Certificate(s) of'Apl-inum nt. and all saftity inspection stickers, Two (2) weeks prior to the expiration of your suspension, you may c(:)rttod your c qud lty Assurance Officer for reappointment. A complete and thorough investigation maybe conducted to dcterniipc it y;rtt ;tn' qualified for reappointment. You have the right to appeal tttis Departmental Order of Suspension to the Court of Common I'lea;; oi'thc Untinty in whirl, thebove referenced inspection station is located, WITHIN THIR'T'Y (30) DAYS OF THE, MAIL DATV, ('.)I; 'H Its ORDER. If you do file an appeal, a sighed and time-stamped copy of the appeal must be served upon t}u• Dcp.trtn, , II ;tt the ptai?ing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICAI,i.V ti'TAY 'H i E SUMNSION. In order for your privileges to be restored pending appeal, a signed Order of Superscde v, (-re,m the C tntrl directing the Department to stay the suspension must be served upon the Department at the tailing address listed hciox. M4LWO ADDRESS: Sincere]>, Depent of Transportation. Chief Clounsel's Office' r?CJr2.r' Riverfrt>nt Office Centcr 1101 S. Front Street, 3rd Floor Anita M. Waslco, Direct . r Harrisburg, PA 17104-2410 Bureau ofM.otor Vehicles Vehicle Inspections 11],01 S. Front Street I Harrisburg, PA 17104 1 717 ik7 Z?'9 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 Inspection Station 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. f Date: ??- George Farlling COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL LAW - vs. STATUTORY APPEAL GEORGE FARLLING, Petitioner 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, 3rd Fl. Harrisburg, PA 17104-2416 Dated: mas S.L 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 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE FARLLING, PETITIONER 10-6136 CIVIL TERM ORDER OF COURT c AND NOW, this 370 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 Inspection Station pending this appeal. A hearing on the appeal from the suspension of the certification as an Official Inspection Station 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, . -- Christopher Johnson, Esquire For the Department of Transportation /fhomas S. Lee, Esquire For Petitioner :saa a ,, of 3v? rv 17. 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 OF THE PROTHONOTARY 2010 DEC -9 aN 10: O 1 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_ day of December, 2010, the appeals filed at the above referenced docket numbers are CONTINUED and RESCHEDULED for the 11 cn day of March, 2011, AT 9:30 a.m.., in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT: J. Att 7?homas S. Lee, Esq., Caldwell & Kearns, 3631 N. Front Street, Harrisburg, PA 17110-1533 / Christopher J. Johnson, Esq., PennDOT Office of Chief Counsel, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2516 ?4 t ?E?S' me ? f ? ?v COMMONWEALTH OF PENNSY DEPARTMENT OF TRANSPORT. OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNS( Assistant Counsel Attorney I.D. No. 204296 RIVERFRONT OFFICE CENTER, 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA (717) 787-2830 VANIA TION {p iju y i; 10 P N „ p?ss DI N d FLOOR 17104-2516 IN THE COURT COMMONWEALTH OF PENNSY DEPARTMENT OF TRANSPORT. BUREAU OF MOTOR VEHICLE )F COMMON PLEAS OF CUMBERLAND )LINTY, PENNSYLVANIA VANIA, } TION, VS. GEORGE FARLLING, t/d/b/a G.A FARLLING'S GARAGE, OIS #K3 9, and GEORGE FARLLING, Op. #11964162 } } } NO } 10-6136 10-6135 ORDER AND NOW, on this day of March, 2011, the appeals filed at the above referenced docket numbers are WITHDRAWN and DISCONTINUED, and the suspensions are REINSTATED, effective De?ember 15, 2011, the Department agreeing to grant two months' credit to petitioner, so that the total suspension time remaining is two (2) months. BY THE COURT: J. Attest: Thomas S. Lee, Esq., Cald ell & Kearns, 3631 N. Front Street, Harrisburg, PA 17110-1533 Christopher J. Johnson, Esq, PennDOT Office of Chief Counsel, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2516 M .led Cop ?o?