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Home My WebLink About14-2598Myers Motor Sports, Appellant/Petitioner v. Commonwealth of PA, Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection Appellee /Respondant : IN THE COURT OF COMMON : OF CUMBERLAND COUNTY : No ://— .25-7? Civil Term PLEAS c roa' r*i CO z cnr > r-Z ACD ac°, -c; • PETITION FOR APPEAL FROM SUSPENSION OF EMISSION INSPECTION LICENSE AND NOW comes Myers Motor Sports -OIS # 6500, by and through their Attorney, Paul Bradford Orr, Esquire, and represents the following: 1. Appellant/Petitioner is Myer Motor Sports with an OIS # of 6500 and a physical address of 5 Texaco Road, Mechanicsburg, Cumberland County, PA 17050; 2. Appellee/Respondant herein is the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, Vehicle Inspection Division; with a mailing address of P.O. Box 69003, Harrisburg, PA 17106 -9003; 3. On or about March 31, 2014, Appellant received an order of suspension of official emission inspection station with a mail date of March 28, 2014; 4. Appellant asserts that the suspension of two years and a $5,000.00 fine is not warranted as Appellant alleges no violation of Section of 4724 of the Pennsylvania Motor Vehicle code occurred during the emission inspection referred to on Appellant's Exhibit "A"; 5. Wherefore, Appellant is respectfully requesting that a hearing be scheduled before this Honorable Court and that a supersedeas be-ordered in this matt Paul Bradford Orr Attorney for Appellant/Petitioner 50 East High Street Carlisle, PA 17013 (717)258 -8558 ID # 71786 4/0 3 17 SP 411 e4 g es-7 R1-- 30s-ae�. OS -2 (10 -08) pennsyivania DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us March 28, 2014 Diane Myers Myers Motor Sports -OIS# 6500 5 Texaco Road Mechanicsburg,PA 17050 ORDER OF 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 furnish, lend, give, sell or receive a certificate of emission inspection without inspection and fraudulent record keeping including the lesser offenses of improper record keeping and careless record keeping. (On May 10, 2013 Inspector Diane Myers #25239070 tested a 2007 Chevy ImpalaVlN #2G1WT58K179148719 and issued an inspection sticker 1M3- 4698052 to the vehicle. The inspector passed the vehicle without communication). The suspension(s) will run consecutively, for a total suspension of two (2) years and a $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 and other related emission items. Your emission 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. You have 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 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, 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, 3r1 Floor, Harrisburg, PA 17104 -2416. 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 Vehicle Inspections 1 1101 S. Front Street ,1 Harrisburg, PA 17104 1 717 - 787 -2895 Myers Motor Sports, : IN THE COURT OF COMMON PLEAS Appellant/Petitioner : OF CUMBERLAND COUNTY v. Commonwealth of PA, Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection Appellee /Respondant : No.: Civil Term ATTORNEY VERIFICATION The undersigned, Gregory L. Cutler, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Motion for Post - Verdict Relief are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Date: 4904, relating to unsworn falsification to aut Respe LAW By: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258 -8558 Superior Court ID# 71786 RD ORR Myers Motor Sports, : IN THE COURT OF COMMON PLEAS Appellant /Petitioner : OF CUMBERLAND COUNTY v. Commonwealth of PA, Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection Appellee /Respondant : No.: Civil Term CERTIFICATE OF SERVICE I hereby certify that on this 28th day of April , 2014, I mailed a true copy of the foregoing Petition for appeal from suspension of emission inspection license to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Department Chief Couns Riverfront Of 1101 S. Front S Harrisburg, PA ansportation fice ter Fl u2,„ Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717)258 -8558 ID# 71786 IFA , Myers Motor Sports, : IN THE COURT OF COMMON PLEAS Appellant/Petitioner : OF CUMBERLAND COUNTY v. : No.: /% — ;q j�v Civil Term Commonwealth of PA, Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection Appellee/Respondant AND NOW, this ! day of Appellant's appeal, a hearing shall be held on t 00 o'clock Am in Courtroom Number Carlisle, Pennsylvania. ORDER OR 2014, upon consideration of A 04( day of ��p-� , 2014, at , Cumberland C unity Courthouse, AND NOW, Appellee is hereby ordered to reinstate Appellant's Emission Inspection License supersedeas pursuant to Section 4724 of the Pennsylvania Motor Vehicle Code and/or Section 1550(b) pending said hearing. Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 ennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front St., 3rd Floor Harrisburg, PA 17104-2416 C(13 Q.0 I S./a& BY THE COURT: • r) mCr) z rT1 ,0 u)r rte-: A q XC") A CZ CO MYERS MOTOR SPORTS, Petitioner V. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, : Respondent NO. 14-2598 CIVIL TERM ORDER OF COURT AND NOW, this -20th day of August, 2014, upon request of the Commonwealth and the Appellant, this matter is continued and rescheduled to October 16, 2014, at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse. By the Court, Albert H. Masland, Philip M. Bricknell, Esquire For the Department of Transportation Paul B. Orr, Esquire For Petitioner Judge Peck prs ecp; es. /d tad/i9 N) CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE MYERS t/d/b/a MYERS MOTOR } NO. 14-2598-CIVIL TERM SPORTS, OIS # 6500 vs. } COMMONWEALTH OF PENNSYLVANIA, } LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION ORDER AND NOW, this 16th day of October, 2014, the appeal filed in the above referenced matter is: REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN. /0 CONTINUED AND RESCHEDULED FOR THE l ) DAY OF 01-41/44 2014, AT at_ m., IN COURTROOM NO. , CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. 2 rn� o Z� n •1- BY THE COURT: J. y.z co Attest: - .-Christopher J. Johnson, Esq., PENNDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 i Diane Myers, 5 Texaco Road, Mechanicsburg, PA 17050 ('op es Aka:fee/ /0//6 ,e,L/,G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE MYERS t/d/b/a MYERS MOTOR SPORTS, OIS # 6500, vs. COMMONWEALTH OF PENNSYLVANIA, NO. 2014 -2598 -CIVIL TERM INSPECTION STATION DEPARTMENT OF TRANSPORTATION SUSPENSION APPEAL AND NOW, on this AGREED ORDER day of December, 2014, the appeal is hereby WITHDRAWN and DISCONTINUED, with the Department having agreed to treat the suspension and fines for furnishing an emission inspection sticker without inspection and fraudulent record keeping as a first offense, for a total suspension of 18 months, with credit for time served, to be run concurrently with the suspensions appealed at 2014-4296 Civil Term, with credit for time served, with a total fine of $2500. The suspensions shall be effective March 1, 2015. THE C J. Tho as A. Placey Common Pleas Judge Attest: ✓Christopher J. Johnson, Esq., PENNDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Diane Myers, 5 Texaco Road, Mechanicsburg, PA 17050 CD91'GS /12 ( L /y/9/1y f C7 -.-b PI CO <CD rari