HomeMy WebLinkAbout11-4817
COMMONWEALTH OF PENNSYLVANIA, IN THE COURT OF
DEPARTMENT OF TRANSPORTATION, COMMON PLEAS OF
BUREAU OF MOTOR VEHICLES CUMBERLAND
APPELLEE COUNTY,
PENNSYLVANIA
V. No. //-
BRIAN L. REIFF z ? -'r-
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NOTICE OF APPEAL OF OFFICIAL EMISSION INSPECTION
STATION SUSPENSION AND APPLICATION FOR SUPERSEDEAS
AND NOW, this 0' day of June, 2011, comes the Defendant, Brian L.
Reiff, by and through his attorney, Jason P. Kutulakis, of Abom & Kutulakis, LLP,
hereby files the foregoing Notice of Appeal of Official Emission Inspection Station
Suspension:
1. Appellant, Brian L. Reiff, is an adult individual whose Inspection Station is
located at 94 Hershey Road, Shippensburg, Pennsylvania 17257.
2. Appellee, Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Motor Vehicles, is a Commonwealth agency with offices in
Harrisburg, Dauphin County, Pennsylvania.
3. Appellant was cited on May 18, 2011, for allegedly committing a violation of
§4724 of the Vehicle Code.
4. By letter dated May 18, 2011, Appellee notified Appellant that his Certificate of
Appointment as an Official Emissions Inspection Station was suspended for
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one (1) year and a fine of two thousand five hundred dollars ($2500) was
imposed. A true and correct copy of said letter is attached as Exhibit A.
5. The letter dated May 18, 2011, also notified Appellant that he was receiving a
suspension of one (1) year, to run concurrently, and an additional fine of two
thousand five hundred dollars ($2500), for fraudulent record keeping including
improper and careless record keeping.
6. The total time of suspension and fines imposed by the letter dated May 18,
2011 is one (1) year and five thousand dollars ($5000).
7. Appellant denies violating 4 4724 of the Vehicle Code and he is currently
appealing his May 18, 2011 conviction of that offense.
8. Appellant contends he personally has a license to do Vehicle Inspections only
and it was improper for Appellee to suspend this license, in addition to the
emission's license, based on the acts of another employee in the business to
which Appellant was unaware.
9. It is believed, and therefore averred, it was improper of Appellee to penalize
Appellant because he lacked both intent and knowledge of the alleged
wrongdoing and was not given any opportunity by Appellee to put a remedial
plan in place.
10. It is believed, and therefore averred, this Honorable Court on appeal should
give Appellant the opportunity to correct any inaccurate records without fine
or suspension pursuant to 75 Pa.C.S.A. § 4724 (c) which states:
a. (c) Limitation.--The department prior to suspending a certificate of
appointment of an official inspection station on the grounds of careless
recordkeeping or the court on appeal from a suspension may consider
the volume of inspections conducted by the inspection station and
provide to the owner or operator of the inspection station the
opportunity to correct any inaccurate records.
11. It is believed, and therefore averred, the penalty imposed on Appellant by
Appellee was too severe because this was a first time offense and Appellant has
operated a responsible Official Emission Inspection Station for many years.
12. It is believed, and therefore averred, irreparable harm will be suffered by
Appellant unless the Honorable Court reinstates Appellant's Certificate of
Appointment as an Official Emissions Inspection pending a hearing on the
matter.
WHEREFORE, your appellant respectfully requests this Honorable Court to
set a hearing and deny the Commonwealth's request that his license be suspended and
reinstate Appellant's Certificate of Appointment as an Official Emissions Inspection
Station supersedeas pending said hearing.
Respectfully submitted,
ABOM & KUTULAKIS
Date: 41C0111 Jason . Kutulakis, Esquire
Ati me fo the Appellant
Attorney I.D.# 80411
2 West High Street
Carlisle, PA 17013
(717) 249-0900
VERIFICATION
I, Brian L. Reiff, verify the statements made in the foregoing Notice of Appeal
are true and correct to the best of my knowledge and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to
Unsworn Falsification to Authorities.
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Date Brian L. Reiff
OS-2 (10-08)
pennsytvania
DEPARTMENT OF TRANSPORTATION
www.dot.state.pa.us
May 18, 2011
Brian L, Reiff
Creek View Garage-OIS# AF64
94 Hershey Road
Shippensburg, PA 17257
ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION
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 during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is
suspended for one (1) year and $2,500.00 fine for furnish, lend, give, sell or receive a certificate of emission
inspection without inspection (1996 Chevrolet, VIN-2GCEK19M8T1199920, IM1-0867884 by Mervin M.
Burkholder, Oper 19-839-283), including the lesser offenses of faulty inspection of equipment or parts and
improper inspection. You are also suspended for one (1) year and $2,500.00 fine for fraudulent record
keeping, including the lesser offenses of improper record keeping and careless record keeping.
The suspension(s) will run concurrently, for a total suspension of one (1) year and $5,000.00 fine. This
suspension is to run consecutively with any other suspension(s) imposed by the Department for any
violation considered separately. You are ordered to surrender to the bearer of this notice, who is a
representative of the Department of Transportation, your Certificate(s) of Appointment, all emission
inspection stickers, other related emission items and a check or money order made out to the
Commonwealth of Pennsylvania. Your emissions inspection equipment will be locked out from performing
official emissions testing for the duration of this suspension.
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. In addition, your privileges will not be restored until all fines imposed are paid
in full. A check or money order may be submitted to the Department of Transportation, Vehicle
Inspection Division, P. O. Box 69003, Harrisburg, PA 17106-9003.
You have the right to appeal this Departmental Order of Suspension and Fine, 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 THIS ORDER. If you do file an appeal, 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 Supersedeas from the Court directing the Department to stay
the suspension and the fine, must be served upon the Department at the mailing address listed below.
MAILING ADDRESS:
Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 S. Front Street, 3rd Floor
Harrisburg, PA 17104-2416
Sincerely,
Anita M. Wasko, Director
Bureau of Motor Vehicles
EXHIBIT
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Vehicle Inspections 1 1101 S. Front Street I Harrisburg, PA 17104 717-787-2895
CERTIFICATE OF SERVICE
I, Shannon Freeman, hereby certify that I served a copy of the within Notice of
Appeal upon the Appellee, by mailing a copy of said Notice by certified mail
addressed as follows:
Pennsylvania Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 S. Front Street, 3"' Floor
Harrisburg, PA 17104-2416
Dated:
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION, BUREAU :
OF DRIVER LICENSING,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRIAN L. REIFF,
Appellant NO. 11-4817 CIVIL TERM
IN RE: NOTICE OF APPEAL OF OFFICIAL EMISSION
INSPECTION STATION SUSPENSION AND APPLICATION
FOR SUPERSEDEAS
ORDER OF COURT
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AND NOW, this 22nd day of June, 2011, upon consideration of the Notice of
Appeal of Official Emission Inspection Station Suspension and Application for
Supersedeas, a hearing is scheduled for Wednesday, August 10, 2011, at 2:30 p.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
UPON CONSIDERATION of Appellant's Application for Supersedeas, a Rule is
hereby issued upon Appellee to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days of service of this order.
BY THE COURT,
I
J. esley Oler, Jr., J.
Philip Bricknell, Esq.
Assistant Counsel
PA. Department of Transportation
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2830
Attorney for Appellee
V Jason P. Kutulakis, Esq.
2 West High Street
Carlisle, PA 17013
Attorney for Appellant
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COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF MOTOR VEHICLES
APPELLEE
V.
BRIAN L. REIFF
APPELLANT
TO THE HONORABLE WESLEY J
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND
COUNTY,
PENNSYLVANIA
No. 11-4817
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OLER, JR., JUDGE OF SAID COURT:
AND NOW, this 13th day of July, 2011, comes the Appellant, Brian L. Reiff,
by and through his attorney, Jason P. Kutulakis, of Abom & Kutulakis, LLP, and
respectfully petitions this Honorable Court to make Rule Absolute, and in support
thereof avers the following:
1. On May 18, 2011, Appellant received a citation for allegedly committing a
violation of Section 4724 of the Vehicle Code.
2. On June 6, 2011, Appellant filed his Notice of Appeal of Official Emission
Inspection Station Suspension and Application for Supersedeas.
3. On June 22, 2011, this Honorable Court entered an Order scheduling the
suspension and application for hearing on Wednesday, August 10, 2011 at 2:30
p.m. The Order went on to issue a Rule to Show Cause returnable within
twenty (20) days of the date of June 22, 2011.
4. To date, the Commonwealth has not filed any response to this Honorable
Court's Order.
WHEREFORE, it is respectfully prayed that this Honorable Court will enter
an Order making the rule absolute and granting supersedeas to the Appellant.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
Date: IQ ?? 1 Ja n P. K'dtalakis, Esquire
A orney for the Appellant
Attorney I.D.# 80411
2 West High Street
Carlisle, PA 17013
(717) 249-0900
CERTIFICATE OF SERVICE
I, Shannon Freeman, hereby certify that I served a copy of the within Petition
to Make Rule Absolute upon the Appellee, by mailing a copy of said Notice by
certified mail addressed as follows:
Pennsylvania Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 S. Front Street, 3`d Floor
Harrisburg, PA 17104-2416
Dated: ill-31 1)
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COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF MOTOR VEHICLES
APPELLEE
BRIAN L. REIFF
APPELLANT
V.
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND
COUNTY,
PENNSYLVANIA
No. 11-4817
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AND NOW, this day of 2011, upon consideration
of the Petition to Make Rule Absolute, same is hereby GRANTED.
Appellant, Brian Reiff, is hereb GRANT supersedeas. ejt -,
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/ Jason P. Kutulakis, Esquire
2 West High Street
Carlisle, PA 17013
Pennsylvania Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 S. Front Street, 3" Floor
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COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF
PENNSYLVANIA, DEPARTMENT : CUMBERLAND COUNTY, PENNSYLVANIA
OF TRANSPORTATION, BUREAU:
OF DRIVER LICENSING,
Appellee CIVIL ACTION - LAW
v No. 11-4817 CIVIL TERM a
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BRIAN L. REIFF, mfr, -,.
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Appellant ''
IN RE: HEARING CONTINUED
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ORDER OF COURT v
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AND NOW, this 10th day of August, 2011, upon
consideration of the Notice of Appeal of Official Emission
Inspection Station Suspension and Application for
Supersedeas, and pursuant to information from the Appellee
in the person of Philip Bricknell, Esquire, that the parties
in this case request a continuance of the matter for
purposes of facilitating negotiations between them, the
hearing scheduled for this date on the said matter is
continued until Thursday, October 13, 2011, at 1:30 p.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
J./, esley O r, Jr.,
Philip Bricknell, Esquire
Assistant Counsel
PA Department of Transportation
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2830
For Appellee
? Jason P. Kutulakis, Esquire
2 West High Street
Carlisle, PA 17013
For Appellant
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