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HomeMy WebLinkAbout05-6099 JERRY LYNN GILBERT Petitioner : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v : NO. 2005 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : CIVIL TERM PETITION FOR APPEAL Petitioner, Jerry Lynn Gilbert, by his attorneys, Broujos and Gilroy, P.C., sets forth the following: 1 Petitioner is Jerry Lynn Gilbert who is an adult individual with a home address of 26 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241. 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'd Floor, Harrisburg, Pennsylvania, 17104-2416. 3 By letter of November 1, 2005, DOT issued an Order of Suspension of Official Inspector status to Petitioner Jerry Lynn Gilbert whereby DOT suspended the Certificate of Appointment as an Official Safety Inspector held by the Petitioner 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 Petitioner hereby appeals 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 Petitioner should be overturned or modified for the following reasons: a. The suspension was issued without the Petitioner being afforded the opportunity to attend a Departmental Hearing on this matter to plead their case to the Department. Petitioner understood that a request to DOT for rescheduling of said hearing had been made, and it may have been through an oversight in Petitioner's office that the request was, in fact, was not made to Penn-DOT. Petitioner is 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 Petitioner. 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 Petitioner is also seeks 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 Petitioner requests 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. /I~df- Or Date Hubert X. GiI y, Esquire Attorney fo etitioners Broujos a Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 (717) 243-4574 . . COMMONWEAL TH OF PENNSYL VANIA DEPARTMENT OF TRANSPORT AnON HARRISBURG, PA 17104 Seplember \3, 2005 Jerry Lynn Gilbe11 Oper.# 14-804-114 26 Chestnut Street Newville, PAl 7241 (GET Inc. - ors# B-769) Dear Inspec1or: The report(s) of AprilS, 2005 received from the Pennsylvania State Police indicates violation(s) of faulty inspeclion ofcquipment or parts (on a 1993 Mack, VIN - IM2AA\3Y2PWO\9869). A Depa11menta\ hearing has been scheduled for September 29,2005 at 10:00 a.m. at the Pennsylvania Department ofTransportalion, Riverfront Office Center 110\ South Front Street Harrisburg, PA 17104. At the time of the hearing, you may present the testimony of any witnesses having information pertinent to the violation(s) in question. Failure to appear at the appointed lime will be considered a waiver of your right to a hearing. A determination as to whether or not 10 suspend your Safety Inspector Certification will be made in your absence by PENNDOT. In cases where the stalion certificate appointee was not present at the station at the time of the violation, but had placed a manager or supervisor in charge of the operation of the station, it is important that the manager or supervisor appear at the Departmental hearing. ALL HEARING ATTENDEES SHOULD BRING THEIR OPERATOR'S LICENSE AND/OR INSPECTOR CERTIFICATION CARD TO THE HEARING. If you have any queslions, please contact the Bureau of Motor Vehiclcs, Vehicle Inspection Division, Posl Oftice Box 68697, Hanisburg, P A \7106-8697, or telephone (7\7) 787-2895. Sincerely, ~-r~ N D B EXHIBIT A Kurt J. Myers, Director Bureau of Motor Vehicles --:J':'::; ~ ---... "'" -... ~'h ~ -- ') "I;'-- \\ ,_.u. '" ""--j "'-'0 \, , ':J '-",.. ~ "- '-. , "",' 1 Y..- .' , y \'" f--~ ~'~ ,') --," c_ I ; I :-~l ;1 ("'.J \_~::' ....:, JERRY LYNN GILBERT Petitioner : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : NO. 2005 - (J'O '?i : CIVIL TERM NOV 2 9 ZOQ5 pi ORDER AND NOW this ~ day of November, 2005, upon consideration of the attached Notice of Appeal involving the suspension of a Certificate of Appointment as an Official Safety Inspector for the Petitioner Jerry Lynn Gilbert, a hearing is scheduled in Courtroom No. -.!::/-- of the Cumberland County Courthouse on the ';1 /tji/J day of ~, 200",- at q; dr) 3.. .m. at which time the court will take testimony and exa~e into the facts of the case to determine whether the suspension of the Certificate of Appointment as an Official Safety Inspector 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 Jerry Lynn Gilbert, by the Department of Transportations November 1, 2005 letter. The Commonwealth of Pennsylvania Department of Transportation is directed to restore to Jerry Lynn Gilbert, his Certificate of Appointment as an Official Safety Inspector pending the outcome of this appeal. BY THE COURT, "..:~ ....) \~:~; '.) (::::J ~\ cc: Hubert X. Gilroy, Esquire - Cbpy J::JE/lSO-.J~!l,! 9/o'izJ Broujos and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3'd Floor Harrisburg, PA 17104-2416 - Co/, 'j m:aJ L~ 1I/:29/oS- 4 JERRY LYNN GILBERT, Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Respondent No. 2005-6099 Civil Term ORDER AND NOW, this 1 ' day of FY}(2..p, ,2006,upon representation ofthe Department of Transportation and the Petitioner, Jerry Lynn Gilbert, that the above-captioned appeal of the Department's order of a two (2) month suspension of Petitioner's certification as a safety inspection mechanic for faulty inspection of equipment or parts should be dismissed and the suspension reinstated, effective February 14, 2006, the day Petitioner surrendered his inspection license to the Department. It is ORDERED that Petitioner's appeal is hereby DISMISSED and the matter is REMANDED to the Department for action in conformity with this Order. BY THE COURT Distribution: Ron. Kevin A. Hess, Cwnberland County Court of Common Pleas ~bert X. Gilroy, Esq., Broujos and Gilroy, P.C., 4 North Hanover St., Carlisle, P A 17013 vr>avid Markowitz, Esquire, Office of Chief Counsel, 1101 S. Front St.-3,d Floor, Rarris~~rg,PA 17104-2516 .,j' ,-, c::::..SJ u '"VJ ~~()~ .() tY /1J J. l' !