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Home My WebLink About14-4296Myers Motor Sports . IN THE COURT OF COMMON PLEAS Appellant/Petitione OF CUMBERLAND COUNTY V Commonwealth of Pa. : No.: /L/. Y‘,2 'I Civil Term Department of Transportation, a --i Bureau of Motor Vehicles, 0 G rn � '�C Office of Emission Inspection, (Dr- ro. Appellee/Respondant vc, Vig yG Petition For Appeal From Suspension Of Emission Inspection License AND NOW comes Myers Motor Sports-OIS # 6500, by and through their owner Diane Myers and represents the following: 1. Appellant/Petitioner is Myers Motor Sports with an OIS # 6500 and a physical address of 5 Texaco Road , Mechanicsburg, Cumberland County, Pa. 17050; 2. Appellant/Respondant herein is 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 July 1, 2014 , Appellant received an order of suspension of official emission inspection station. 4. Appellant asserts that the suspension of permanent and $10,000.00 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 Appelant's Exhibit " A ", 5. Wherefore, Appellant is respectfully requesting that a hearing be scheduled be before this Honorable Court and that a supersedeas beo.r• ered in this matter. Phone 717-421-9117 Respect tlly_ b fitted„_...- f7' 4/13• ?5P eas e Mae Myers P#3°03,' On 13 November 2013 a 1994 Lexus bearing ser# jt8gk13t0r0062997 come in to my shop for pa emission inspection ( cars with the years 75 to a 95 are a visual inspection, and gas cap check). My father Barry Myers and myself Diane Myers both checked over this vehicle very well because we both knew it was a set up by the state. I checked over the vehicle first then my father checked it over, there are 6 components to check for they are the following, fuel inlet restrictor, catalyic converter,positive crankcase ventilation (pcv) valve, exhaust gas recirculation (egr) valve, air Injection reaction system, evaporative control system. As my father Barry Myers and I Diane Myers checked over the vehicle we found no possible reason for the vehicle to fail. We first checked under the hood, everything was there and hooked up as it should have been. (EGR, PCV) were the only two components under the hood. We then checked under the vehicle for the catalytic converter it also was there and hooked up as it shound have been. We then opened the gas lid, took the gas cap off to check for the fuel inlet restrictor it also was there as it sould be. I then tested the gas cap as i should, it passed with no problem. The evaporative control system was not visable, the air inj system is one that is not required'for that vehicle. We thought the state wanted to see if we were doing PA emission inspection to the book. Other things required for any Emission is to chock the wheels , verifie ownership ( vin # must match vin# on vehicle, plate# must match plate# on vehicle) on registration or renewed resistration printed off-line insurece card is not required for PA emission inspection. My father Barry Myers and I Diane Myers are both certified to do PA emission inspection•and we both did everything to the book on the 13th of november2013 Thank You For Your Time. Diane Myers PtrIoe 1I7L01415“7 Myers Motor Sports Appellant/Petitione V Commonwealth of Pa. Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection, Appellee/Respondant • IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY • • No.: Civil Term • • • • • CERTIFICATE OF SERVICE I hereby certify that on this 2V1/ day of july 2014 I mailed a true copy of the foregoing PETITION FOR APPEAL FROM SUSPENSION OF EMISSION INSPECTION LICENSE to the following address by U.S. Mail , Certified mail postage prepaid, return receipt requested, delivered to addressee only: bi-er) triyecs a`7 /5e-().L•�n e Cis t;3 -PA 17 -is Vehicle Inspection Division P.O.Box 69003 Harrisburg , Pa. 17106-9003 Myers Motor Sports Appellant/Petitione V Commonwealth of Pa. Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection, Appellee/Respondant IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY • • No.: Civil Term • • • • CERTIFICATE OF SERVICE I hereby certify that on this 2i1/7/ day of july 2014E I mailed a true copy of the foregoing PETITION FOR APPEAL FROM SUSPENSION OF EMISSION INSPECTION LICENSE to the following address by U.S. Mail , Certified mail postage prepaid, return receipt requested, delivered to addressee only: bi C". Pelyer-S a`7 I S i;3 -PA 1715 "?)7 LDI-9)(7 Vehicle Inspection Division P.O.Box 69003 Harrisburg , Pa. 17106-9003 0S-2 (10-08) pennsytvana DEPARTMENT OF TRANSPORTATION www.tlot.state.pa.us Diane Mae Myers Myers Motor Sports-OIS#6500 5 Texaco Rd Mechanicsburg, PA 17050. July 1, 2014 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 Departments' regulations, your Certificate of Appointment is ., suspended permanently for furnish, lend, give, sell or receive a certificate of emission inspection without inspection and fraudulent record keeping (Inspector Diane Mae Myers op#25239070 passed EGR System set to fail on a 1994 Lexus VIN#JT8GK13T0R0062997, and issued emission, sticker 1M4-0632222). The suspension(s) will run consecutively, for total suspension of permanent and $10;000 fine. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. Your 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 mission 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. 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 , assigned 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 Vehicle Inspections 1 1101 S. Front Street 1 Harrisburg, PA 17104 1 717-787-2895 0S-2 (10-08) pennsylvania DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us Diane Mae Myers 27 Aspen Lane Carlisle, PA 17015 Myers Motor Sports- OIS#6500 Vehicle Inspection Division P. O. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 MECHANIC 25239070 CERTIFIED MAIL: 70042510000141587263 MAIL DATE: July 1, 2014 NOTICE OF INTENT TO SUSPEND OFFICAL EMISSION INSPECTOR You are hereby notified that the Department intends to suspend your certification as an Official Emission Inspector pursuant to Section 4726 of the Vehicle Code. If you are suspended, no vehicle emission inspections may be performed during a period of suspension. Pursuant to Department regulations, the Department intends to suspend your certification as an Official Emission Inspector for furnish, lend, give, sell or receive a certificate of emission inspection without inspection and fraudulent record keeping (passed EGR System set to fail on a 1994 Lexus VIN#JT8GK13T0R0062997, and issued emission sticker 1M4-0632222). The suspension(s) is to run consecutively for a total suspension of permanent. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. Credit for your suspension term will not begin until your certification card is surrendered to the Department. You may contact your Quality Assurance Officer to surrender your certification card or you may mail your certification card to the Vehicle Inspection Division, Post Office Box 69003, Harrisburg, PA 17106-9003. You have a right to request a hearing on the above referenced sanction(s) under 2 Pa.C.S. §§501-508 (relating to general rules of administrative practice and procedure of administrative agencies); 1 Pa. Code Part 11 (relating to general rules of administrative practice and procedure) and 67 Pa. Code Chapter 491 (relating to administrative practice and procedure) by submitting a written request for a hearing within 30 days of the above mail date to the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th Floor, Harrisburg, PA 17120-0096. A copy of this letter shall accompany the request. THIS IS YOUR OPPORTUNITY TO BE HEARD IN THIS MATTER. IF YOU FAIL TO REQUEST A HEARING ON THE ABOVE REFERENCED SUSPENSION(S) WITHIN 30 DAYS OF THE MAIL DATE OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSION. ADDITIONALLY, THE ABOVE SANCTION(S) WILL ALSO BE FINAL AND YOUR CERTIFICATION AS AN OFFICIAL EMISSION INSPECTOR WILL BE SUSPENDED EFFECTIVE August 1, 2014. Sincerely, Anita M. Wasko, Director Bureau of Motor Vehicles COMMONWEALTH OF PENNSYLVANIA . VEHICLE EMISSIONS INSPECTION REPORT Test Date!Time: 11113/2013 @ 09:11 VIN: 1111111111111997111 ';' 111�HO JT8GK13T0 TITLE: I�IIII111I�1A111 4761345100 VEHICLE INFORMATION Year: 1994 Make: LEXUS Model: ES300 VIN: JT8GK13TOR0062997 Engine Size: 3000 Cylinders: 6 Odometer: 0107781 GVWR: 00000 Estimated Test License: JGA2800 Inspection Type: INITIAL Weight 3875 County: CUMBERLAND Record Number: 003338 EMISSIONS CONTROL SYSTEMS VISUAUFUNCTIONAL INSPECTION Air Inj. System: NA Catalytic Converter PASS Fuel Cap Integrity: EGR System: PASS Evaporative Control System: NA PCV System: PASS Fuel Inlet Restrictor PASS• PASS OBD EMISSIONS INSPECTION MIL BULB KOEO: NA OBD FAULT CODE -RESULT: NA MIL BULB KOER: NAOBD READINESS RESULT: NA • MIL COMMAND STATUS: NAOBD-I/M CHECK RESULT:_- NA OVERALL TEST RESULTS: PASSED Emissions Control Systems Visual/Functional Inspection: PASS ' OBD Emissions Inspection: NA Sticker. IM40632222 111N: 724912892237 RETAIN THIS DOCUMENT • Vehicle tested in accordance with FOR YOUR RECORDS, • Pa. Code Title 67, Chapter 177 EMISSIONS INSPECTION STATION STATION #: 6500 INSPECTOR NAME: DIANE M. MYERS STATION NAME: MYERS MOTORSPORTS EQUIPMENT#: SX007040 ADDRESS: 5 TEXACO ROAD, MECHANICSBURG, PA 17050 PHONE: 717-766-7855 SOFTWARE VERSION: 1101 VEHICLE EMISSIONS INSPECTION QUESTIONS: For additional information, please contact'the Customer Hotline at (800) 265-0921. Inspector's Signature: Myers Motor Sports IN THE COURT OF COMMON PLEAS " Appellant/Petitione OF CUMBERLAND COUNTY V Commonwealth of Pa. No.: 9, /1:4 Civil Term Department of Transportation, Bureau of Motor Vehicles, Office of Emission Inspection, 77= , ....- - --I "r1 . rico xi. — -I-, Appellee/Respondant • cnr- =0 c, 7?, 1--- . --4 cp D cp m 5() AND NOW ,this /24t, day of 2014 , upon consideration of >x - ---1 CJ1 -< ---4 Appellant's appeal , a hearing shall be held on the 44, day of/9-,,--v 2014, at ei 30 o'clock g,„..na in Courtroom Number .5 Cumberland County Courthouse, Carlisle, Pennsylania. ORDER 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 (b) pending said hearing. Myers Motor Sports Diane Myers 5 Texaco Road Mechanicsburg,Pa. 17050 BY THE COURT -/fe;--msylvania Department of Transportation Chief Counsel's Office ffaik:cL Riverfront Office Center 1101 S. Front St. 3rd Floor AO cf Harrisburg,Pa. 17104-2416 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE MYERS t/d/b/a MYERS MOTOR } NO. 14-4296-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. / CONTINUED AND RESCHEDULED FOR THE` DAY OF Q,cee.44 2014, AT _.m., IN COURTROOM NO. , CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. rnm a rn BY THE COURT: =r'' s+'' r- ;z:`1 04-7hcc //g/-4 <c) 370. > _ � k Attest: --Christopher J. Johnson, Esq., PENNDOT, Office of Chief Counsel, 1101 South Front Street, 3`d Floor, Harrisburg, PA 17104-2516 �- Diane Myers, 5 Texaco Road, Mechanicsburg, PA 17050 &pees t2ta. /f// 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, DEPARTMENT OF TRANSPORTATION AND NOW, on this NO. 2014 -4296 -CIVIL TERM rn c 7s7 rc-i /rcn— ..0 r,-7- ! -"-3 INSPECTION STATIONS (C.:', SUSPENSION APPEAL'' r‹' 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 2014-2598 Civil Term, with credit for time served, with a total fine of $2500. The suspensions shall be effective March 1, 2015. Attest: BY T E OURT: Thomas A. PIaciY Common Pleas Judge l,rt 7 Christopher J. Johnson, Esq., PENNDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Zie Myers, 5 Texaco Road, Mechanicsburg, PA 17050 Lt,co-�_._,s l � l4/coy