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Home My WebLink About06-4015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent STATUTORY APPEALS VS. No. SA(')/.., l.{Olr d~,fT~ BARRY A. MYERS, aIkIa Myers Motor Sports, Petitioner PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OFFICIAL INSPECTION STATION LICENCE AND SUSPENSION OF OFFICIAL SAFETY INSPECTOR LICENSE TO THE HONORABLE JUDGES OF THIS COURT: AND NOW, this 14th day of July, 2006, the Petitioner, Barry A. Myers, AlKlA Myers Motor Sports, by and through his attorney, Paul Bradford Orr, Esquire, respectfully avers the following: I. Petitioner, Barry A. Myers, AlKI A Myers Motor Sports, is an Official Safety Inspector with a Mechanic Number of: 15-480-962 and operates an Official Inspection Station, Number 6500, at 5 Texaco Rd., Mechanicsburg, Silver Springs Township, Cumberland County, Pennsylvania, 17055. 2. On June 16, 2006, the Respondent mailed an Order of Suspension for both Petitioner~ Official Safety Inspector License and his Official Inspection Station License. (See attached and marked as Petitionels Exhibits "A" and "B") 3. Respondent asserts that no violation of the Inspection Code occurred whereby at his previously held Departmental Hearing a witness for the Department testified that "nothing in the Vehicle Code prohibits body repair using reinforced duct tape." 4. Petitioner asserts that there were no visible holes in the Inspection of one 1977 Chevrolet Truck, Sticker Number AI5-8321633. 5. Petitioner asserts that both of these Suspensions arose out of a single allegation and that the punishment previously imposed by the Department is excessive in nature. 6. Petitioner asserts that various interpretations can be made of the Departments Vehic1e Equipment and Inspection Regulations and that he did not violate any of said Regulations. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter a stay of the suspension previously requested by the Department of both his Official Safety Inspector License and his Official Inspection Station License pending the outcome Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 timely appeal. J~n 19 06 10:46a MYERS MOTOR SGORTS 717 766 7855 p.l "* COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANS PORTA nON HARRISBURG, PA 17104 Barry A. Myers Oper#15-480-962 5 Texaco Rd Mechanicsburg. PA 17055 (Myer', Motor Sports-OIS#6500) Vehicle Inspection Division P. 0, Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 MECHANIC # I 5-480-962 CERTIFIED MAIL: 7004 25] 0 000 I 4163 2475 MAIL DATE: 6-]6-06 ORDER OF SUSPENSION OF OFFlCAL SAFETY INSPECTOR You are hereby notified that your-certification as an Official Safety Inspector is suspended, pursuant to Section 4726 of the Vehicle Code, No vehicle safety inspections may be performed during the suspension, Pursuant to Departmental regulations, your certificatiun (is an Official Safety Inspector will be suspended for two (2) months for fdulty inspection of equipment or parts (on a 1977 Chevrolet Truck, sticker#AJ5-8321633) and two (2) months for improper record keeping, ftrrther, the Department is including in this offense, the lesser included offenses of careless record keeping. v The suspension(s) will run consecutively. for a total suspension offour (4) months, This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately, THE SUSPENSION WILL BE EFFECTIVE 7-28-06. At this time. you are ordered to surrender to the Quality Assurance Officer, who is a representative of the Department of Transportation, your Safety Inspector Certification card. Upon completion ofYDuT suspension, your inspector certification card will be returned to you. You bave 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, WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER If you do file an appeal, a signed and time-stan1ped copy of the appeal must be served upon the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMA TICALL Y STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Cotrrt directing the Department to stay the suspension must be served upon the Department at U,e mailing address listed below, MAILING ADDRESS: Sincerely, Depanment of Transportation Chief Counsel's Office RIverfront Office Center ] ]01 S, Front Street, 3" floor Harrisburg, PA 17J 04-2416 --?-- -:L -- - Kurt 1. Myers, Director Bureau of Motor Vehicles Petitioner's Exhibit "All ~un 18 06 10:48a MYERS MOTOR SGORTS 717 766 7855 p.l ~. !1j,C'~,) '~'.'f:"l'! 'f"~fo'f:-:~I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT A nON HARRISBURG, PA 17104 Barry A. Myers Myer's Motor Sports-O/S#6500 \ 5'fexaco Rd \ Mechanic,burg, PA 17055 (Oper#] 5-480-962) Vehicle Inspection Division POSI Office Box 69003 Harrisburg, P A 17106-9003 Phone: (717) 787-2895 STATION: 6500 CERTIfIED MAIL: 70042510000141632468 MAIL DATE: 6-16-06 ORDER OF SUSPENSION OF OFFlClAL INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuMt 10 Section 4724 of the Vehicle Code. No vehicle safely inspections may be performed al your station during thc suspension, Pursuant to Departmental regulations, your Cenificate of Appointment will be suspended for two (2) months for faully inspection of equipmenl or parts (on a 1977 Chevrolet Truck, sticker#AI5-8321633) and two (2) months for improper record keeping, Further. the Department is iocluding in this offensc. the lesser included offenses of careless record keeping. / The suspension(s) will run consecutively, for a lotal suspension offour (4) months, This suspension is to run consecutivcly with MY other suspension(s) imposed by the Department fur any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE 7-28-06. At this time, you are ordered to surrender to the Quality Assurance Officer, who is a representative of the Department ofTrMsportation, your Certificate(s) of Appointment, and all 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 determme if you are qualified for reappointment. ~ the . _ _AVTOMA~~LVi ~ _ ~ . . ,_.' lil'ed.~a~a~qfJltr11 'to $l8Y the suspensioo'muSllle served upon lheTJepartment at MAILING ADDRESS: Department of Transportation ChiefCounsel's Office Riverfront Office Center 110] S Front Street, 3'" Floor Harrisburg. PA 17104-2416 SincerelYl ----:ry " Kun ], Myers. Director Bureau of Motor Vehicles Petitioner's Exhibit "B" l VERI FICA liON I verify that I am the Appellant and that the statements made in the foregoing Civil Motor Vehicle Inspection Station/Inspection Mechanic License Appeal are true and correct. I understand that false statements herein are made subject to the penalties of Pa, CoSo ~ 4904, relating to unsworn falsification to authorities. DATE: b -7cf--CJrb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent STATUTORY APPEALS VS. No. SA BARRY A. MYERS, a!k!a Myers Motor Sports, Petitioner CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of Petitioner's PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OFFICIAL INSPECTION STATION LICENCE AND SUSPENSION OF OFFICIAL SAFETY INSPECTOR LICENSE was served upon the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg,PA 17104-2516 Dare '7 ~I00 Paul Bradford Orr, quir Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 1~" ~ ^t.~ ~ V) ~ D v ~ ~~~ ~ $- -_-oj i1',:z;) \ ,"'- ~::", ~ :::-,: ~~" _:; , , (.) .~< C' I'J JUL 1 7 2006 rY" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent VS. BARRY A. MYERS, aIkIa Myers Motor Sports, Petitioner ' STATUTORY APPEALS No. S.A.()L _ i.Jf')L\ aCJ(.'L T~~ ORDER and SUPERSEDEAS TO STAY SUSPENSIONS AND NOW, this)oJlt... day of ~, 2006, upon consideration of Appellant's appeal, a hearing shall be held on the ,~ day Of~, 2006, at ~ o'clock L M in Courtroom Number .1--, Cumberland County Courthouse, Carlisle, Pennsylvania. AND NOW, Respondent is hereby Ordered to Stay the Suspension's of both Petitioner's Individual Mechanics License Number 15-480-962 and the Pennsylvania Inspection Station Number 6500 privilege via supersedeas pursuant to this Order of Court. ~ul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street \ Carlisle, PA 17013 ~ ~nnsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 J. D~ '\ f\'~ o ?, n : \1 \:--1 O';'~ ..\~:\' lj\:::jl COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF vs. BARRY A. MYERS, a/k/a MYERS MOTOR SPORTS, petitioner NO. 06-4015 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of September, 2006, the appeal of Petitioner, Mr. Myers, from the suspension of his safety inspector license is dismissed on jurisdictional grounds because it was improperly included in the appeal of the safety inspection station license. ourt, Edward E. Guido, J. Paul B. Orr, Esquire For the Petitioner David Markowitz, Esquire For the Respondent ~~'i-tJt...O(.. 4L srs \(;i\(V/\l,\S~\I~ fjd 11/01"(/' ('" "'cell"no I\..J..l ',i >.' . _' :~~ ,'V , 10 :9 HV 9- d3S gOOl !tA/l"'"'' CO", 'd ~HI "'0 ^ov. ubhJri.lU\::i j - ~ -"...\1\11'"'1....(1"1""11' j\.A:r:1_ <,,:.l I.:J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF vs. BARRY A. MYERS, a/k/a MYERS MOTOR SPORTS, Petitioner NO. 06-4015 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of September, 2006, after hearing, we find that the Department properly issued the suspension of official inspector license and suspension of official inspector station license, and the action of the Department is sustained, and the appeal is DISMISSED. Edward E. Guido, J. Paul B. Orr, Esquire For the Petitioner David Markowitz, Esquire For the Respondent ~ ",..~:l,~ '1.0l..0c. 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