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Home My WebLink About05-6098 Petitioners : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA GARY C. HEISHMAN and GET, INC., v : NO. 2005 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : CIVIL TERM PETITION FOR APPEAL Petitioners, Gary C. Heishman and GET, Inc., by their attorneys, Broujos and Gilroy, P.C., set forth the following: 1 Petitioners include Gary C. Heishman who is an adult individual with a work address for purposes of this Appeal of P.O. Box 62 Mainstreet, Plainfield, Cumberland County, Pennsylvania 17081 and GET, Inc., which is a Pennsylvania Corporation with a business address for purposes of this Appeal of P.O. Box 62 Mainstreet, Plainfield, Cumberland County, Pennsylvania 17081. 2 Respondent is the Commonwealth of Pennsylvania Department of Transportation . (DOT) with a mailing address of c/o Chief Counsel's Office, Riverfront Office Center, 1101 S. Front Street, 3'. Floor, Harrisburg, Pennsylvania, 17104-2416. 3 By letter of November 1, 2005, DOT issued an Order of Suspension of Official Inspection Station status to Petitioners Gary C. Heisbman and GET, Inc., whereby DOT suspended the Certificate of Appointment as an Official Safety Inspection Station held by the Petitioners for a period of two (2) months. A copy of the November 1, 2005 letter from DOT is attached hereto and marked Exhibit "A". 4 The Petitioners hereby appeal the action of DOT in this matter pursuant to 75 Pa. C.S.A. ~4724 (b) which authorizes any person whose Certificate of Appointment has been suspended to appeal to the Court of Common Pleas. 5 The suspension imposed by DOT as it relates to the two Petitioners should be overturned or modified for the following reasons: a. The suspension was issued without the Petitioners being afforded the opportunity to attend a Departmental Hearing on this matter to plead their case to the Department. Petitioners understood tbat a request to DOT for rescheduling of said hearing had been made, and it may have been through an oversight in Petitioners office that the request was, in fact, was not made to Penn-DOT. Petitioners are requesting another opportunity to have a Departmental Hearing to discuss the circumstances of this case. b. There is not sufficient information on the record to support a two-month suspension in light of the clean record of the Petitioners. c. Such other reasons as may appear at a hearing in this case. 6 Pursuant to 75 Pa. C.S.A. ~4724, this court should schedule a hearing on the petition at which time DOT shall come forward with evidence in support of its action. 7 Petitioners also seek a supersedeas of the action of DOT pending resolution of this appeal, and incorporate the allegations set forth in paragraph 5 as reasons for this court to grant the requested supersedeas. WHEREFORE, the Petitioners request your Honorable Court to set a hearing in this matter and, upon conclusion of the hearing, to direct that the suspensions in question be revoked. Date Hubert X. Gilroy, Esquire Attorney for Petitioners Broujos and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 . . . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA ]7104 Gary C. Heisman GET Inc-OlS#B-769 Box 62 Main Street Plaintield, PA 17081 Vehicle Inspection DIvision Post Office Box 69003 Harrisburg, P A 17106-9003 Phone: (117) 787-2895 STATION: B-769 CERTIFIED MAIL: 7004 2510 0001 41630914 MAIL DATE: 11-01-05 ORDER OF SUSPENSION OF OFFICIAL INSPECTlON ST A TlON You arc hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suspension. Pursuant 10 Departmentaltegulalions, your Certitieale of Appointment will be suspended lor two (2) months for faulty inspeclion of equipment or parts (on a 1993 Mack, VIN-1M2AAI3Y2PWOI9R69) by Jerry L Gilbert. Oper#14-804-1l4. The suspension(s) wilt run consecutively, for a total suspension of two (2) months. This suspension is to run consecutively with any other suspenslon(s) imposed by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE 40 DAYS FROM THE MAIL DATE OF THIS ORDER. AI the end of the 40 days, you are ordered to surrender to the Qualify Assurance Officer, who is a representative oflhe Department of Transportation, your Certificate(s) of Appointment. and aU safety inspection stickers. 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 detennine ifYOll are qualified for reappointment You have the right to appeallhis Deparhnental Order of Suspension to the Court of Common Pleas of the COlmty in which Ihe above referenced inspection slation is located, WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER If you do file an appeal, a signed and time-stamped copy of the appeal must bc served upon tile Departmenl atlhe mailing address lisled below. FILING OF AN APPEAL DOES NOT AUTOMA TlCALL Y ST A Y THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court direcling the Department to stay the suspension must be served upon thc Department at the mailing address listed below. MAILING ADDRESS: DepartmenlofTransportalion Chief Counsel's Office Riverfront Ot1ice Center 1101 S Front Street, 3'" Floor Harrisburg, PA 17104-2416 Sincerely, ~,.,,/ -- Kurt 1. Myers, Director Bureau of Motor Vehicles EXHIE~T I /~ .~'> k. ~-. '-..\ .~ '~ ~ "-.' \).) oQ ~~ ,---------- /'J (,,~/ 4.: \,.-) ';1 ~; f',,: 0; ':<' CJ ,.s~ o ~,~--==--"':) <;:;.. 'D ,--', C" ,i ~., ,) '- ~ GARY C. HEISHl'vlAN and GET, INC., Petitioners : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v . C,J; : NO. 2005 - bth'6 NOV 2 >> 2005 fro, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : CIVIL TERM ORDER AND NOW this';?9~ day of November, 2005, upon consideration of the attached Notice of Appeal involving the suspension of a Certificate of Appointment as an Official Safety Inspection Station for the Petitioners Gary C. Heishman and GET, Inc., a hearing is scheduled in Courtroom No. .!f-- of the Cumberland County Courthouse on the flit/} day of .:f'~], 200~ at 9:0 cJ .R .m. at which time the court will take testimony and amine into the facts of the case to determine whether the suspension of the Certificate of Appointment as an Official Safety Inspection Station is appropriate. Pending further order of this Court, this order shall also act as a STAY on the Commonwealth of Pennsylvania Department of Transportation with respect to the suspension imposed upon Gary C. Heishman and GET, Inc., by the Department of Transportations November 1, 2005 letter. The Commonwealth of Pennsylvania Department of Transportation is directed to restore to Gary C. Heishman and GET, Inc., their Certificate of Appointment as an Official Safety Inspection Station pending the outcome of this appeal. BY THE COURT, A'd c: ~n "';"0' ~"') ",-0 e,.'.' <' \."'> cc: Hubert X. Gilroy, Esquire - (bJ~ u92.s60<dl.....f q/~ Broujos and Gilroy, P.C. ( r 4 North Hanover Street Carlisle, P A 17013 Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3m Floor Harrisburg, PA 17104-2416 Co FI /I1';J/ Lee l 1/ /).q /0.5- 4 GARY C. HEISHMAN and GET, INC., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner v. COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent No. 2005-6098 Civil Term ORDER AND NOW, this '1-' day of .n->~ ,2006, upon representation of the Department of Transportation and the Petitioners, Gary C. Heishman and Get, Inc., that the above-captioned appeal of the Department's order ofa two (2) month suspension of Petitioners' Certificate of Appointment as an Official Safety Inspection Station for filUlty inspection of equipment or parts should be dismissed, subject to the following stipulations: I. The Department's original order of suspension, imposing a two (2) month suspension is upheld. 2. Two (2) months of credit is to be granted toward service of the suspension, resulting in the immediate restoration of Petitioners' Certificate of Appointment. It is ORDERED that Petitioners' appeal is hereby DISMISSED and the matter is REMANDED to the Department for action in conformity with this Ord,)f. BY THE COURT Distribution: Hon. Kevin A. Hess, Cumberland County Court of Co on Pleas JYfuert X. Gilroy, Esq., Broujos and Gilroy, P.c., 4 North Hanover St., Carlisle, P A 17013 ~avid Markowitz, Esquire, Office of Chief Counsel, 1101 S. Front St.--3'd Floor, Harrisburg, IP~171?4-~6 '~~~.~ ~ ),\\ ( CSl..j /4 J.