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Home My WebLink About14-5974S E C T I 0 N A S E c T I 0 N Supreme Court:of==Pennsylvania Court Of .CommonsPleas Civil.Cci er-Sheet County For Prothonotary Use Only: Docket No: N-0 £ fl The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: (��j Pr /t , Lead Defendant's ame: ,Q /%�J Pe /1 /l • .or !/ w d i A(, l r 4.44 4 Dollar Amount Requested: ❑ within arbitration limits (check one) ❑outside arbitration limits Are money damages requested? ■ Yes C No Is this an MDJAppeal? ❑ Yes (N No Is this a Class Action Suit?. i Yes Ecl No Name of Plaintiff/Appellant's Attorney: A/'✓'f Yl c. !/-2 (kle ic /Err , ❑ Check here if von have no attorney Fare a Self -Represented (Pro Sel Litigant) 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) ❑ Intentional O Malicious Prosecution ❑ Motor Vehicle O Nuisance ❑ Premises Liability O Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: CONTRACT (do not includeJudo dents) ❑ Buyer Plaintiff 0 Debt Collection: Credit Card ❑ Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections 6 Dept. of Transportation Statutory Appeal: Other ❑ Zoning Board ❑ Other: MASS TORT ❑ Asbestos O Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment • Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 Darrell C. Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 E:3 THE UI -O° Ti -r: 261L, OCT -6 PM 3: 28 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS OF d/b/a HAMPDEN AUTOMOTIVE, INC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES • Defendant • : CIVIL ACTION • • : Docket No. 597 APPEAL FROM FINE AND SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL EMISSION INSPECTION STATION Petitioner, Christopher Priar, d/b/a Hampden Automotive Inc., by and through his attorneys, the DETHLEFS-PYKOSH LAW GROUP, by Darrell C. Dethlefs, Esq., pursuant to 75 Pa. C.S. § 4724(b), files this appeal from the Order of Fine and Suspension of Official Emission Inspection Station and avers the following in support thereof: 1. Petitioner is Christopher Priar, d/b/a Hampden Automotive Inc., a licensed Pennsylvania Official Emission Inspection Station with its principal place of business at 5220 E Trindle Road Unit 2, Mechanicsburg, PA 17050. 2. Respondent is the Commonwealth of Pennsylvania, Department of po /idyls ce5-6, e#3114.23 Transportation, Bureau of Motor Vehicles, with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. By order dated October 2, 2014, Hampden Automotive Inc. was notified that its Certificate of Appointment as an Official Emission Inspection Station, OIS# DF13, was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A." 4. The Order states that Hampden Automotive's Certificate of Appointment as an Official Emission Inspection Station was being suspended for one year, effective October 2, 2014, for an alleged violation for furnishing, lending, giving, selling or receiving a certificate of emission inspection without inspection. 5. The suspension imposed upon Hampden Automotive is improper, as •Hampden Automotive did not engage in the conduct alleged. 6. Hampden Automotive appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. §4724(b). WHEREFORE, Petitioner, Hampden Automotive, requests that this matter be scheduled for hearing pursuant to 75 Pa. C.S. §4724(b). Respectfully mi ted, By Darrell C. Dethlefs, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Certificate of Service I, Darrell C. Dethlefs, Esq., the undersigned, hereby certify that a true and correct copy of the Appeal From Fine and Suspension of Certificate of Appointment as an Official Emission Inspection Station was served on the following: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Date: 1 BY: Darrell i ethlefs, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market St, Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Verification I verify that the statements made in the Appeal From Fine and Suspension of Certificate of Appointment as an Official Emission Inspection Station are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. 10/0( (D ((� Date Christopher Pria i i 1/ OS -2 (10-08) Pennsylvania DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us October 2, 2014 Christopher Priar Hampden Automotive Inc-OIS# DF 13 5220 E Trindle Rd Unit 2 Mechanicsburg, PA 17050 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 fined $2,500 for famish, lend, give, sell or receive a certificate of emission inspection without inspection (1998 BMW VIN-WBACD4322WAV60687, sticker IM3-7112102). The suspension(s) will run consecutively, for a total suspension of one (1) year and fined $2,500. 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 certified 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 TIM 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 Darrell C. Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 OCT -6 PiI 3: 23 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS OF d/b/a HAMPDEN AUTOMOTIVE, INC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Defendant : CIVIL ACTION : Docket No. 597 MOTION FOR SUPERSEDEAS Petitioner, Christopher Priar, d/b/a Hampden Automotive Inc., by and through his attorneys, the DETHLEFS-PYKOSH LAW GROUP, by Darrell C. Dethlefs, Esq., pursuant to 75 Pa. C.S. § 4724(b), files this appeal from the Order of Fine and Suspension of Official Emission Inspection Station and avers the following in support thereof: 1. Petitioner is Christopher Priar, d/b/a Hampden Automotive Inc., a licensed Pennsylvania Official Emission Inspection Station, with its principal place of business at 5220 E. Trindle Road, Unit 2, Mechanicsburg, Pennsylvania 17050. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDOT"), with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. By order dated October 2, 2014, Hampden Automotive Inc. was notified that its Certificate of Appointment to operate as an Official Emission Inspection Station, OIS# DF -13, was being suspended for one year, effective October 2, 2014, and a $2,500 fine levied for an alleged violation of furnishing, lending, giving, selling or receiving a certificate of emission inspection without inspection. 4. Simultaneous with the filing of this Motion, Hampden Automotive Inc. is filing a timely appeal from PennDOT's notice of suspension. A true and correct copy of the appeal is attached hereto as Exhibit "A." 5. Hampden Automotive Inc. will be greatly prejudiced by the lack of due process and will suffer irreparable harm due to the suspension if a supersedeas is not granted pending appeal, as Hampden Automotive Inc. is in the business of vehicle maintenance and repair, which is often accompanied by conducting vehicle emissions inspections. 6. Hampden Automotive Inc. satisfied the requirements of Pennsylvania Public Utility Commission v. Process Gas Consumers Group, 467 A.2d 805 (Pa. 1983), therefore the issuance of supersedeas is proper. a. There is a strong likelihood that Hampden Automotive Inc. will prevail on the merits of the appeal, because it did not engage in the conduct asserted by PennDOT, and the evidence will not support the violation alleged. b. Without the granting of the supersedeas, which allows Hampden Automotive to continue lawfully performing emissions inspections pending appeal, Hampden Automotive will suffer irreparable harm as emissions inspections will not be able to be lawfully performed by Hampden Automotive, which is in the business of repairing and inspecting automobiles. c. The granting of supersedeas in this matter will not substantially harm PennDOT. If Hampden Automotive Inc. is unsuccessful in its appeal, it will serve the suspension in full. d. The granting of a supersedeas in this matter will not harm or adversely affect the public interest. There is no evidence that any of the activity alleged to have occurred, all of which is denied, placed any person in harm. Further, if Hampden Automotive Inc. is unsuccessful in its appeal, it will serve the suspension in full. WHEREFORE, Petitioner, Hampden Automotive Inc., requests that a supersedeas be granted so that its Certificate of Appointment to operate as an Official Emissions Inspection Station can be maintained pending the appraisal of this matter. Respectful) bmitted, By Darrell C. Dethlefs, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Certificate of Service I, Darrell C. Dethlefs, Esq., the undersigned, hereby certify that a true and correct copy of the Motion for Supersedeas were served on the following: Depai talent of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Date: / O /O 6 //if if BY: Darre 1 C. Dethlefs, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market St, Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Verification I verify that the statements made in the Motion for Supersedeas are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities and can be punishable by fine imprisonment. id Date tf1/( sto s' er Prar Darrell C. Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Attorney for Plaintiff CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS OF d/b/a HAMPDEN AUTOMOTIVE, INC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, • BUREAU OF MOTOR VEHICLES • Defendant : Docket No. : CIVIL ACTION APPEAL FROM FINE AND SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL EMISSION INSPECTION STATION Petitioner, Christopher Priar, d/b/a Hampden Automotive Inc., by and through his attorneys, the DETHLEFS-PYKOSH LAW GROUP, by Darrell C. Dethlefs, Esq., pursuant to 75 Pa. C.S. § 4724(b), files this appeal from the Order of Fine and Suspension of Official Emission Inspection Station and avers the following in support thereof: 1. Petitioner is Christopher Priar, d/b/a Hampden Automotive Inc., a licensed Pennsylvania Official Emission Inspection Station with its principal place of business at 5220 E Trindle Road Unit 2, Mechanicsburg, PA 17050. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. By order dated October 2, 2014, Hampden Automotive Inc. was notified that its Certificate of Appointment as an Official Emission Inspection Station, OIS# DF13, was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A." 4. The Order states that Hampden Automotive's Certificate of Appointment as an Official Emission Inspection Station was being suspended for one year, effective October 2, 2014, for an alleged violation for furnishing, lending, giving, selling or receiving a certificate of emission inspection without inspection. 5. The suspension imposed upon Hampden Automotive is improper, as Hampden Automotive did not engage in the conduct alleged. 6. Hampden Automotive appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. §4724(b). WHEREFORE, Petitioner, Hampden Automotive, requests that this matter be scheduled for hearing pursuant to 75 Pa. C.S. §4724(b). Respectfully submitted, By Darrell C. Dethlefs, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Certificate of Service I, Darrell C. Dethlefs, Esq., the undersigned, hereby certify that a true and correct copy of the Appeal From Fine and Suspension of Certificate of Appointment as an Official Emission Inspection Station was served on the following: Date: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 BY: Darrell C. Dethlefs, Esq. Dethlefs-Pykosh Law Group, LLC 2132 Market St, Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 Verification I verify that the statements made in the Appeal From Fine and Suspension of Certificate of Appointment as an Official Emission Inspection Station are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. Date Christopher Priar OS -2 (1e-08) pennsylvania DEPARTMENT OF TRANSPORTATION www.dot.state.pa.us October 2, 2014 Christopher Priar Hampden Automotive Inc -01S# DF13 5220 E Trindle Rd Unit 2 Mechanicsburg, PA 17050 ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION You are bereliy 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 fined $2,500 for furnish, lend, give, sell or receive a certificate of emission inspection without inspection (1998 BMW VIN-WBACD4322WAV60687, sticker 1M3-7112102). The suspension(s) will run consecutively, for a total suspension of one (1) year and fined $2,500. 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 certified 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 Depatt„ rental 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, >zAJ.. ,e-AeLr...4.9-- Anita M. Wasko, Director Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street 1 Harrisburg, PA 17104 1 717-787-2895 CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS OF d/b/a HAMPDEN AUTOMOTIVE, INC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Defendant : CIVIL ACTION efitd_ Docket No. q -,7 ORDER OF COURT AND NOW, this q 14 day of te"&k.A.) , 2014, upon consideration of the Appeal of Hampden Automotive Inc., from the suspension of its Certificate of Appointment as an Official Emission Inspection Station, a de novo hearing is scheduled for the#10 day of (91 , 201.4, at Jou o'clock 1.m. in Courtroom No. V of the Cumberland County Courthouse. Distribution: Darrell C. Dethlefs, Esq. The Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, PA 17011 •epartment of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 C izLL ni By the Court, c23 CO C:0 CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS OF d/b/a HAMPDEN AUTOMOTIVE, INC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Defendant : CIVIL ACTION : Docket No. /11 591ei eine ORDER OF COURT AND NOW, this /0*day of Othi Ad -r , 2014, in consideration of Petitioner's Motion for Supersedeas in the above -captioned matter, it is hereby ordered and decreed that the motion is GRANTED. Distribution: Darrell C. Dethlefs, Esq. The Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, PA 17011 .../0-Dartment of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Court Administration 0-4 jeS 163NI,/ By the Court,