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HomeMy WebLinkAbout14-4271s E C T I 0 N A s E c T I 0 N Supreme Coutf_ofPennsylvania Cour `of-Coinmonleas Itx,,. Civil'Cover.Sheet CUMBERLAND `' - County For Prothonotary Use Only: Petition Declaration of Taking Docket No: ill -Alai/ 2lTemi The information collected on this form is used solely for court administration purposes. This .form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint 1 Writ of Summons I * Transfer from Another Jurisdiction X Lead Plaintiff's Name: NTW, LLC OIS# DB57 and/or Whitney S. Lambert Lead Defendant's Name: Commonwealth of PA, Dept. of Transportation Dollar Amount Requested: 1 within arbitration limits Are money damages requested? 1 Yes No (check one) X outside arbitration limits Is this a Class Action Suit? 1 Yes No Is this an MDJAppeal? 1 Yes No Name of Plaintiff/Appellant's Attorney: Allison M. Domday, Esquire of Marshall Dennehey Warner Coleman & Goggin a Self -Represented [Pro Se] Litigant) Check here if you have no attorney (are Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) 0 Intentional O Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability O Product Liability (does not include mass tort) Slander/Libel/ Defamation O Other: MASS TORT 0 Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant • Toxic Waste Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical Other Professional: 1 CONTRACT (do not include Judgments) O Buyer Plaintiff Debt Collection: Credit Card ▪ Debt Collection: Other 1 • Employment Dispute: Discrimination • Employment Dispute: Other Other: REAL PROPERTY iJ Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections 0 Dept. of Transportation O Statutory Appeal: Other O Zoning Board E3 Other: Appeal of suspension of inspection station license MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 f FLED -O Fla y or THE PROTHONOTARY 2014JUL 23 P1 I: 37 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC OIS #DB57 and/or COURT OF COMMON PLEAS WHITNEY S. LAMBERT CUMBERLAND COUNTY, PENNSYLVANIA Appellant/Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF MOTOR VEHICLES Appellee/Respondent : No. I - q / eia-re-rk Appeal of Suspension of Official Inspection Station NOTICE OF APPEAL APPELLANT, NTW, LLC — OIS DB57 and/or Whitney S. Lambert of 6051 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050, hereby appeals from the Adjudication of the Department of Transportation made on July 1, 2014. A copy of Order is attached as Exhibit A. 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 45:15 pt' N 0 Of.3cl sia. 't By: Dated: Allison M. Domday, Esquire PA ID#307547 Attorney for Appellant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com PLEASE TAKE NOTICE all parties that entered an appearance in the proceeding before the agency may intervene as right in this appeal by filing a praecipe to intervene within thirty (30) days of this notice. EXHIBIT A QS'? ..)-01::e pennsytvania DEPARTMENTOF 'TRANSPORTA AWV,' 4 Whitney S. Lambert NINV LLC-OIS4.131357 6051 (larlisle Pike Mechenillurg, PA 17050 oFtssPE1 JON lFO}CML FEC You are herei:oy 'notified, that your Certificate of Appointment as an Official Sultry Inspection Station is suspended, pt$17Snaril, Soctioa 4724 aft 'Vehicle Code. No vehicle safety inspections may be performed during the suspension. Purtuant to Departmental regulations, your Certifiente of Appointment is suspended for ono (1:) year for improper keeping;. ( at osis found in the tv11/431 for this CAS. Inspection slickers used out of sequenee.21 obi of 71 vebielos .subjekl to anti tarnveti'ng were not checked. in MV43,1 susivmclotXs) will run coiwurrcnti, for a. total suspension of one {U year. This suspension is in, run. umsccutively with any other su.spension(s) inmostd by the Depot/Tient for any violation considered separately, YOU. me 'ordered lo surrender to the hearer of this notice, who is a repreumtative of the DcNITOilleTit of Transportation, your Centifiesitc(s) of Appointment and an safeiy inspection stiekeni. -ram (2) weeks. prior to the expiration of your gispension, you may contact your Quality itasurance Offit= fur reappointment A complete and through investigation maybe conducted to determine if you are qualified, trot reaPpointment You have the right to appeal. Ibis Deparonco01, Order of Suspension to the Court of COMTneln. Pleas of the Colonty in which the a bcree referencedinspection station. is located, WITHIN 'TIIHITY. (30) DAYS OF THE DATE OF THIS ORDER: If you do file an appal, a signed and time -stamped copy of the appeal • must bc served npriti 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. restnred pending appeal, a signed Order of Stipersedeas from: the Court directing the Departine,nt. to stay the suspension must be served upon the Department at the mailing address ti'sted below. MAILING ADDRESS: Deparunero Traravartation (lief Cnonsers Office Riverfront Office Cervter i0 SFrnnS3rdFlr Flatti.07m, PA. 17164-24 i 6 .aed-AteAder—• Anita M. Wasko, Director Buri of Motor Vetticlaq Vehicic inspedioris I 1101 front 5treQt Harrisburg, PA 17104 J 71777-2895 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NTW, LLC OIS #DB57 No. and/or Whitney S. Lambert vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Motor Vehicles - b‘,J Term Appeal of Suspension of Official Inspection Station SUSPENSION OF OFFICIAL INSPECTION STATION APPEAL AND NOW, this July 18, 2014, comes the Appellant, NTW, LLC OIS #DB57 and/or Whitney S. Lambert, by his/her attorney, Allison M. Domday, Esquire and states as follows: 1. Appellant operates an official inspection station located at 6051 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. PennDOT proposes, by Notice dated July 1, 2014, to suspend Appellant's Safety Inspection service privileges for a period of one (1) year pursuant to Section 4724 of the Vehicle Code, which will take effect on July 1, 2014. 3. Under the attached Order, the Appellant, NTW, LLC and/or Whitney S. Lambert, has the right to appeal this departmental Order of Suspension to the Court of Common Pleas of Cumberland County. 4. Appellant, NTW, LLC and/or Whitney S. Lambert requests the appeal to be perfected and the Order of Suspension of official inspection stations, mail date: July 1, 2014 is appealed. ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 5. The suspension of Appellant's Official Inspection Station License is contrary to law in that: ❑ The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit to a chemical test. ❑ Appellant did not knowingly or intelligently refuse a chemical test. ❑ The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other (specify reason:) according to 67 Pa. Code 175.51(b) entitled "Cause for Suspension "the appellant shall consent to the acceptance of a point assessment for the station in lieu of a suspension with regard to these particular facts. Moreover, it is well settled in the Commonwealth of Pennsylvania, Department of Transportation must consider the point system penalty alternative with regard to assessing of suspension of a license. Strickland v. Department of Transportation, 574, A.2d 110 (Pa. Cmwlth. 1990). • The suspension of Appellant's automobile registration is contrary to law in that: ❑ My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement from PennDOT form MOTOR VEHICLE -221 to document non -operation of the vehicle). Other (specify reason) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of Official Inspection Station license. Respectfully submitted, 7..1$` 1 f Allison M. Domday, Esquire VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: Type Name: Allison M. Domday, Esquire Address Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Telephone: 717-651-35838 Email: amdomday@mdwcg.com 7-t%-iy EXHIBIT A OF - pen nsylva nia DEPARTMENT OF TRARSPORTAlt Sk4t! July 1, 2014 Whitney S. Lambert tsrrw LLC-OIS#0F157 6051 Carlisle Pike Mechanicsburg, PA 17050 P.DIFSPENSION QF aFFICIA I INSPEOF ON STATION You Eat liere-by notified tbal your Certificate of Appointment as an Official Safety Inspection Station is suspended pursuant to Section 4724 of the Velick Code. No vehicle safety inspections may be. performed during the suspension. Permant to Departmental regulations, your Certificate of Appointhiait is suspended for one (i) Yr-ar for ilaProPet ireixPing; S omissions/errors found in the rvni431 for thig OI S„ Inspection linkers used otd of uencc2J out of 71 vehicles subject to anti tampcting macre not checked. in ), 'the susperision(s) will run concurrently, for total suspension of one (I) year. This suspension is to run consecutively with any other suspension(s) imposed by the Depannicut for any violation considered seParalciY- Yui are order to surrender te the b 'ewer delis notice, wlio is a rcpresentattVe fthc Department of Trerisportation, your Cettificatc(s) of Appointment and nil safety inspection sticker& Two (2) weeks prior to the expiration of your $usperisiort, yuu may contact your Quality Assurance Cir for reeppointmelit. A complee and throng]] investigation may be conducted to determine if you are qualified, far reaPpointment. You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the County in which the above referenced inspection station is located, AITII I TIIIRTY (30) DAYS OF TRE DATE OF THIS ORDER. If you do file an appeal, a signed and time -stamped oar" of the appeal mul be serieed Ton the Department at the mailing address listed below. FILING OF AN ANTAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supascdcas from the Court diming the Department la stay the suspension must be served upon the Department at the mailing address listed below. WdLtNG Al)DgESS:. Department otTrantknt Chief Counsel's Office ReverfrOrit Office, Center Mi. S. Pinot Street, 3rd Floor Harridring.PA-1710472416 AaitaM. Vteasko, Director Bureau of Motor Vehicles Vehicle Lnpeeton.f 1101 S. Front Street I 1-trri$bung, PA 17104 7i777 -2B MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC OIS #DB57 and/or COURT OF COMMON PLEAS WHITNEY S. LAMBERT CUMBERLAND COUNTY, PENNSYLVANIA Appellant/Petitioner : vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF MOTOR VEHICLES No. Appeal of Suspension of Official. Inspection Station Appellee/Respondent : CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on July 22, 2014, I served a copy of Appellant/Petitioner's Notice of Appeal, Petition for Supersedeas and Brief in support via First Class United States mail, postage prepaid as follows: 1 Commonwealth of Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 2 Allison M. Domday, Esqui fiF THE @OTHDNO Tip `' 20:4 Jit . 23 PM I: ,j7 CUMBERLAND COUNTY PENNSYLVANIA 05/1252027.vl MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC OIS #DB57 and/or COURT OF COMMON PLEAS WHITNEY S. LAMBERT CUMBERLAND COUNTY, PENNSYLVANIA Appellant/Petitioner : vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF MOTOR VEHICLES Appellee/Respondent : No. 1'1 - A/a'i/ QvtTeni Appeal of Suspension of Official Inspection Station APPELLANT/PETITIONER NTW, LLC OIS #DB57 AND/OR WHITNEY S. LAMBERT'S PETITION FOR SUPERSEDEAS 1. Appellant/Petitioner NTW, LLC-OIS #DB57 and/or Whitney S. Lambert (hereinafter "Petitioner") received the Order of Suspension of Official Inspection Station via hand delivery on July 1, 2014. Attached hereto as Exhibit A is a true and correct copy of the Order of Suspension of Official Inspection Station. 1 2. According to the Order, the Commonwealth of Pennsylvania Department of Transportation suspended Petitioner's Certificate of Appointment for a total suspension of one (1) year for improper recordkeeping. 3. Petitioner filed an Appeal on or about July 18, 2014. See attested Notice of Appeal attached hereto as Exhibit B. 4. Pursuant to the Order executed by the Bureau of Motor Vehicle's Director, Petitioner hereby prays that the Court of Common Pleas of Cumberland County direct the Pennsylvania Department of Transportation to Stay the suspension at this time pending the Appeal. Dated: %`((-4 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: O/L— iv( .Ca --k7 Allison M. Domday, Esquire PA ID#307547 Attorney for Appellant/Petitioner Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com 2 EXHIBIT A pennsytvania DE PAM-41E40T OF TRA*SPoR1AttQt4 )13 Whitney S. Ur: nbett NTW LLL'. OIS4DE157 6051 CarliSk Pike Mechanicsburg, PA 17050 RDIER OF SU PEN. 10 AL f. .SPFCTON ST arc liervhY llotilied that your Certificate of Appointment as an Offlc.iai Safety InspeCtion Station is suspended„ pursuant to Section 4724 of the Vehicle Code, No vehicle safety inspections may be performed during the SUENEISitrn. Putsuant to Departmetrktal regulations, your Certifite of Appointment is stispended for one (T) year for impropet keeping; (S omissiousierrors found in the MV431 for this OIS_ Inspection stickers used out of sequeneell out of 71 vehides subje‘q to anti trimming were not &Maxi in NEV4it ), I besilsPensdos(s) will tun concurrently, far i total suspension of one (1) year. This sus -pension is to run eonscentiirely with any other suspension(s) impowd by the Depanment for any vicilationconsidered separatety. You are ordered to strrendcr to the bearer of this notice, who is a reptesentati:Ve of the Depament of Transportation, your C.'ertificate(s) of Appointment and an safety lisp ion. stieketi. Two (2) weeks prior to the aapiration of your suspension, you may contact your Quality Assurance Mom for reappointntent. A complete and through investigation may be conducted to deft if youire quaff 04. for reaPpoinixuant. You have the right to appeal this Departmental °trim- of Suspension to the Court of Common Pleas of Inc County in which the tbavc referenced inspection slatinu is located, WITHIN THIRTY (30) DAYS OF THE DATE OF I'M'S ORDER. If you do Lila an appeal, a signed and time -stamped copy of the appeal must be served upon the Department at the mailing address listed below. RUNG (WAN APPEAL DOES NOT AITIONIATICALLY STAY THE SUSPENSION. In order for your priVileges to be restored pending appeal, a siimod Order of Supersedeas train the Court diming the Department to gay the =pension must be serycd upon the Department at the mailing address listed below. MAILING ADDRESS: Nita/rot-101 of Trarefortati at-cmselts Office Rivet -front Office Colaer 1101 S. Front Street, 3rd Floor Sof-Wm.& PA. 17104-2416 Vehicle Inspections f 1101. S. Front Street f Anita M %Moo, Director Buren of Motor Vehielac A 17104 EXHIBIT B MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC OIS #DB57 and/or COURT OF COMMON PLEAS WHITNEY S. LAMBERT CUMBERLAND COUNTY, PENNSYLVANIA Appellant/Petitioner : vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF MOTOR VEHICLES No. Appeal of Suspension of Official Inspection Station Appellee/Respondent : NOTICE OF APPEAL APPELLANT, NTW, LLC — OIS DB57 and/or Whitney S. Lambert of 6051 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050, hereby appeals from the Adjudication of the Department of Transportation made on July 1, 2014. A copy of Order is attached as Exhibit A. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 1 '\ ,\ Dated: By: Allison M. Domday, Esquire PA ID#307547 Attorney for Appellant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomdaynmdwcg.corn PLEASE TAKE NOTICE all parties that entered an appearance in the proceeding before the agency may intervene as right in this appeal by filing a praecipe to intervene within thirty (30) days of this notice. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NTW, LLC OIS #DB57 No. and/or Whitney S. Lambert vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Motor Vehicles Appeal of Suspension of Official Inspection Station SUSPENSION OF OFFICIAL INSPECTION STATION APPEAL AND NOW, this July 18, 2014, comes the Appellant, NTW, LLC OIS #DB57 and/or Whitney S. Lambert, by his/her attorney, Allison M. Domday, Esquire and states as follows: 1. Appellant operates an official inspection station located at 6051 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. PennDOT proposes, by Notice dated July 1, 2014, to suspend Appellant's Safety Inspection service privileges for a period of one (1) year pursuant to Section 4724 of the Vehicle Code, which will take effect on July 1,2014. 3. Under the attached Order, the Appellant, NTW, LLC and/or Whitney S. Lambert, has the right to appeal this departmental Order of Suspension to the Court of Common Pleas of Cumberland County. 4. Appellant, NTW, LLC and/or Whitney S. Lambert requests the appeal to be perfected and the Order of Suspension of official inspection stations, mail date: July 1, 2014 is appealed. ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 5. The suspension of Appellant's Official Inspection Station License is contrary to law in that: ❑ The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit to a chemical test. ❑ Appellant did not knowingly or intelligently refuse a chemical test. ❑ The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other (specify reason:) according to 67 Pa. Code 175.51(b) entitled "Cause for Suspension "the appellant shall consent to the acceptance of a point assessment for the station in lieu of a suspension with regard to these particular facts. Moreover, it is well settled in the Commonwealth of Pennsylvania, Department of Transportation must consider the point system penalty alternative with regard to assessing of suspension of a license. Strickland v. Department of Transportation, 574, A.2d 110 (Pa. Cmwlth. 1990). The suspension of Appellant's automobile registration is contrary to law in that: ❑ My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement from PennDOT form MOTOR VEHICLE -221 to document non -operation of the vehicle). Other (specify reason) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of Official Inspection Station license. Respectfully submitted, Allison M. Domday, Esquire VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: Type Name: Allison M. Domday, Esquire Address Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Telephone: 717-651-35838 Email: amdomday@mdwcg.com 3 ennsytvania DEPARTMENT QF TRANSPORTATION L;12 311 4 %Amy S. Lambert NTW LLC-OIS#D1357 6051. Carlisle Pike Mechanicsburg; PA 17050 OF Sti• • You arc hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuant. to Section 4724 of thC Vehicle Code. No vehicle safety inspections may be perfumed during the suspension. Pursuant to Departmental! regulations, your- Certificate of Appointment is suspended for one (1) Year for irnProPet keeping; ( SI omissions/errors founi in the IVIV411 for thiF. OIS_ Inspection stickers used out of sequenee.21 out of 71 vehi4es sohjeul to anti tarn .pering were not ebockod in MVIiI>, 'I be suspension(s) wiCI run concurrently, fora total suspension of one ( I) 3,,ear. This $115pen-91033 is to tun coiscoutively with any other sospension(s) imposed by the Department for any violation considered separatay. You are ordered to surrender to the beam of this notice, wino is a repitative °fere Department ofTranspiortation, your Cortifieste(s) of Appointment and ull safety inaneetitm stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Meer fez reappointment. A complete and through i tigation may be conducted to determine if you are qualified for reappointment You have the right to EPPCAT this Departmental Order of Suspension to the Court of COMM013 Pleas of the County in wtich the above referenced inspection station is hated, WITHIN TlittriY (30) DAYS OF THE DATE OF TILLS ORDER If you do file an appeal, a signed and thne-starriped copy of the appeal most bc served iron the Department at the mailing address listed below. HUNG OF AN APPEAL DOES NOT AUTOMATICALLY STAY TRE SUSPENSION. In Order for your privileges to be restored pending appeal, a signed Order of Supersedms from tbe Court directing the Demi-went to stay the suspension mut be served upon the Department at the mailing address listed below. MAILING ADDRESS: Departnietit of Trarityortation Chief Counsel's °face Riverfrent Office Czttler 1101 5, Front Street, 3rd Floor Harrisburg, PA 17104-24115 Si- v, AnitiM. Wasno, Director Burt*, of Motor Vehicles Vehicle Inspections 110t S. Front Street Harrisburg, -PA 17104 1 717-787-2 NTW, LLC OIS #DB57 and/or WHITNEY S. LAMBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent : NO. 14-4271 CIVIL TERM IN RE: SUPERSEDEAS PETITION AND SCHEDULING HEARING ORDER OF COURT AND NOW, this 11th day of August, 2014, upon consideration of Petitioner's Supersedeas Petition, it is hereby ordered that Petitioner, NTW, LLC — OIS #DB57 and/or Whitney S. Lambert's Petition for Supersedeas is hereby Granted, and an appeal hearing is scheduled for Thursday, October 16, 2014, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Chriiylee L. Peck, J. Allison M. Domday, Esq. Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Attorney for Petitioner /Ifhilip Bricknell, Esq. Assistant Counsel Department of Transportation Motor Vehicle & Traffic Safety Sections Office of Chief Counsel 1101 South Front Street Harrisburg, PA 171014-2516 :rc Co i•Es fre-atic.g., 8 tql —___r_rvj ..:LED—OFF(CE OF THE PROTHONOTARsi' 2014 OCT lie PM 1:4 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA 110307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION Respondent No. 14-4271 CIVIL TERM PETITIONERS' NTW, LLC - OIS DB57 AND/OR WHITNEY S. LAMBERT MOTION FOR A CONTINUANCE OF THE OCTOBER 16, 2014 HEARING 1. Petitioners NTW, LLC — OIS DB57 ancUor Whitney S. Lambert (hereinafter "Petitioners"), filed their Appeal from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles July 1, 2014suspension on or about July 23, 2014. 2. On August 11, 2014, the Honorable Christylee L. Peck granted Petitioners' Request for Supersedeas and scheduled the hearing for Thursday, October 16, 2014. 3. Petitioners are in the process of determining whether Respondent PennDOT may be interested in reaching a resolution of this matter without the need for court intervention. 4. As such, Petitioners respectfully request a continuance of the October 16, 2014 hearing before Judge Peck. 5. Undersigned counsel discussed the need for a continuance with counsel for Respondent on Thursday October 2, 2014. Respondent does not oppose the relief requested. Respectfully submitted, Dated: / (, --I — /1'1 By: 2 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Allison M. Domday, Esquir PA ID#307547 Attorney for NTW Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC OIS #DB57 and/or COURT OF COMMON PLEAS WHITNEY S. LAMBERT CUMBERLAND COUNTY, PENNSYLVANIA Appellant/Petitioner : vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF MOTOR VEHICLES No. 14-4271 CIVIL TERM Appeal of Suspension of Official Inspection Station Appellee/Respondent : CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October 14, 2014, I served a copy of Petitioner's Motion for a Continuance, via First Class United States mail, postage prepaid as follows: 1 Commonwealth of Pennsylvania Department of Transportation Chief Counsel's Office Christopher Johnson, Esquire Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 2 Allison M. Domday, Esqui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NTW, LLC, OIS #DB57 vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION is: } } } ORDER NO. 14 -4271 -CIVIL TERM LICENSE SUSPENSION APPEAL AND NOW, this 16th day of October, 2014, the appeal filed in the above referenced matter ea :3M Ace 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. CONTINUED AND RESCHEDULED FOR THE DAY OF he4 , 2014, AT .m., IN COURTROOM NO. 6 , CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. BY THE COURT: Attest: /Christopher J. Johnson, Esq., PENNDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ./ Allison M. Domday, Esq., 100 Corporate Center Drive, Suite 201, Camp Hill, PA 17011 6Pries thaded � h RO 1`tit i T}1D,ij`s n11.1 DEC 16 PH 2: 18 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION Respondent No. 14-4271 CIVIL TERM PETITIONERS' NTW, LLC - OIS DB57 AND/OR WHITNEY S. LAMBERT MOTION FOR A CONTINUANCE OF THE DECEMBER 18, 2014 HEARING 1. Petitioners NTW, LLC — OIS DB57 and/or Whitney S. Lambert (hereinafter "Petitioners"), filed their Appeal from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles July 1, 2014suspension on or about July 23, 2014. 2. On August 11, 2014, the Honorable Christylee L. Peck granted Petitioners' Request for Supersedeas and scheduled the hearing for Thursday, October 16, 2014. 3. On or about October 16, 2014, Respondent PennDOT requested a continuance of the October 16, 2014 hearing. 4. The Honorable Christylee L. Peck granted Respondent PennDOT's request for a continuance and ordered a new hearing date of December 18, 2014. 5. Petitioners and Respondent are still in the process of determining whether Respondent PennDOT may be interested in reaching a resolution of this matter without the need for further Court intervention. 6. As such, Petitioners respectfully request a continuance of the December 18, 2014 hearing. 7. Undersigned counsel discussed the need for a continuance with counsel for Respondent on Tuesday December 16, 2014. Respondent concurs in the relief requested. Dated: ( L-16- / Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: C6e,( 14(- Com` 2 Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Attorney for NTW MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 20614-00175 Attorney for Appellant NTW, LLC OIS #DB57 and/or COURT OF COMMON PLEAS WHITNEY S. LAMBERT CUMBERLAND COUNTY, PENNSYLVANIA Appellant/Petitioner : vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF MOTOR VEHICLES No. 14-4271 CIVIL TERM Appeal of Suspension of Official Inspection Station Appellee/Respondent : CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on December 16, 2014, I served a copy of Petitioner's Motion for a Continuance, via First Class United States mail, postage prepaid as follows: 1 Commonwealth of Pennsylvania Department of Transportation Chief Counsel's Office Christopher Johnson, Esquire Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 2 Allison M. Domday, Esqui NTW, LLC, APPELLANT v. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, Respondent Otountp of Cumbertrot IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CV -04271-2014 CIVIL TERM IN RE: PETITIONERS' NTW, LLC — OIS DB57 AND/OR WHITNEY S. LAMBERT MOTION FOR A CONTINUANCE OF THE DECEMBER 18, 2014 HEARING ORDER OF COURT AND NOW, this 18th day of December 2014, upon consideration of Petitioners' Motion for a Continuance, the request is GRANTED. The hearing is rescheduled for 20 February 2015 at 9:30 a.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Ditribution: /Allison M. Domday ✓hristopher Johnson Esq. /I'-lonorable Kevin A. Hess Co -Di 'es fibac a/19/1y iv( rn U)