HomeMy WebLinkAbout02-4165COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2002- q! (,,_C~
JOHN T. MOORE :
PETITION FOR APPEAL FROM ORDER OF
DEPARTMENT OF TRANSPORTATION
SUSPENDING INSPECTION STATION LICENSE
TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY:
The Petition of John T. Moore respectfully represents:
That he resides at 107 Bridge Road, Newville, Upper Frankford Township,
Pennsylvania 17241, in this county.
That he currently possesses a valid inspection license which has not heretofore
been suspended, canceled or revoked.
That on August 8, 2002, he was notified by the Department of Transportation that
his Certificate of Appointment as an Official Inspection Station to inspect motor vehicles
had been suspended for a period of one (1) year. A copy of said Notice is marked as
Exhibit "A" and attached hereto.
That said suspension is improper for the following reasons:
The suspension is based upon allegations of a faulty inspection which are
not valid. The Petitioner requests a trial de novo on the allegations before this Honorable
Court.
The suspension of Petitioner's Certificate of Appointment as an Official
Inspection Station to inspect motor vehicles would do his business irreparable harm.
The Petitioner, John T. Moore, requests that the Court issue a supersedeas to
prohibit the suspension of his Certificate of Appointment as an Official Inspection Station
until this case is resolved by the Court.
Your Petitioner, therefore, prays that this matter be set down for hearing de novo
before Your Honorable Cotut as provided by 75 Pa. C.S.A. Section 1547 and Section
1550 and 42 Pa. C.S.A. Section 933, and that the order of the Department be set aside.
Date: August 30, 2002
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
John T. Moore
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
EXHIBIT A
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
HARRISBURG, PA 17104
John T. Moore
Moore's Garage - OIS #7364
107 Bridge Road
Newville, PA 17241
(Oper. # 12-717-072)
Vehicle Inspection Division
Post Office Box 69003
Harrisburg, PA 17106-9003
Phone: (717) 787-2895
STATION: 7364
CERTIFIED MAIL: 7001 0360 0003 4523 1951
MAIL DATE: August 8, 2002
ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION
You are 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 to Departmental regulations, your Certificate of Appointment will be suspended for
one (1) year for faulty inspection on a 1987 Honda (sticker #AII-8956678).
The suspension(s) will run concurrently, for a total suspension of one (1) year. 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 40 DAYS FROM THE MAIL DATE OF THIt$ ORDER. At the
end of the 40 days, you are ordered to surrender to the Quality Assurance Officer, who is a representative of the
Department &Transportation, 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 reappointmen{. A
complete and thorough investigation may be conducted to determine if you are qualified for reappointrnent.
You have the fight to appeal this Departmental Order of Suspension to the Court of Common Pleas of the County in
which th.e 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-stamped copy of the appeal must be served upon the
DeparUnent 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 Gourt directing the Department to stay the suspension must be served upon the Department at
the mailing address listed below.
h~ ~LING ADDRESS:
Depa~. ent of Transportation
Chief Counsel's Office
R/vcrfi'ont Office Center
1101 S Front Street, 3ra Floor
Harrisburg, PA 17104-2416
Sh~cerely,
Kurt J. Myers, Director
Bureau of Motor Vehicles
i'"tlRV
VERIFICATION
The foregoing Petition is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
JQ,.,~ T. MO~RE~'- - v
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached
document was served upon the following by depositing a tree and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
Department of Transportation
Chief Counsel's Office
Riverfront Office Center
1101 South Front Street, 3~d Floor
Harrisburg, PA 17104-2416
Date: August 30, 2002
By:
60 Wes~I41h~-'Tret Street
C_ar~le, PA 17013
(~7[~) 249-_2353
Supr , m
COMMONWEALTH OF PENNSYLVANIA: IN Tm~. COURT OF COMMON PLEAS OF
DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : 2oo - qiaS
:
JOHN T. MOORE :
PRELIMINARY ORDER
AND NOW, this ___~ tay of September, 2002 upon consideration of the
foregoing Petition, a hearing de novo is granted to determine whether the action of the
Department of Transportation in suspending the official Inspection Station of the
Petitioner should be set aside. This Appeal acts as a supereedeas pursuant to 75 Pa.
C.S.A. Section 1550.
A hearing is scheduled for ~ //, 2002, at 9- ~F/A~/fi. in
Courtroom No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania, and the
Prothonotary shall notify the Department forthwith.
BYTHECOURT,
JOHN T. MOORE
dPo/a MOORE'S GARAGE, OIS #7364
PETITIONER
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF MOTOR VEHICLES,
RESPONDENT
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2002-4165 '
CIVIL DIVISION
ORDER
D AND NOW this "~O ~day °f December, 2002, it appearing that the
epartment of Transportati6'h, Bureau of Motor Vehicles, and Petitioner John T. Moore
d/b/a Moore's Garage have dUly considered and entered into a Stipulated Agreement in
the above-captioned case, the Court ORDERS, ADJUDGES, AND DECREES as
follows:
1. By an official notice of suspension, dated and mailed August 8,
2002, the Department of Transportation, Bureau of Motor Vehicles (Bureau) notified
John T. Moore d/b/a Moore's Garage (Petitioner), O.I.S. #7364, that Petitioner's
certificate of appointment as an Official Safety Inspection Station was being suspended
for a period of one-year, as the result of a violation of faulty' inspection.
2. The'suspension was imPosed pursuant to Section 4724(a) of the
Vehicle ~ode and the Department's regulations at 67 Pa Code § 175.51 (a).
3. On August 30, 2002, Petitioner filed a timely appeal from the one-
year suspension in the Court of Common Pleas of Cumberland ~2ounty at the above-
referenced docket number. By Order entered September 9, 2002, a supersedeas was
entered restoring Petitioner's certificate of appointment as an Official Safety Inspection
Station pending appeal and scheduling a de novo hearing for December 11, 2002.
4. In lieu of the one-year suspension imposed by the Bureau's order
dated August 8, 2002, for a second violation of performing a faulty inspection, the
Bureau has agreed to impoSe on Petitioner's certificate of appointment as an Official
Safety Inspection Station a three-month suspension for a second violation of a faulty
inspection.
5. The Bureau has agreed to impose and the Petitioner has agreed to
serve the three-month suspension, effective Monday, February 3, 2003.
6. The suspension of Petitioner's certificate of appointment will end
on MondaY, May 5, 2003.
7. Pursuant to 67 PA Code §175.51(g), the violation of performing a
faulty inspection, as a second violation, will remain on Petitioner's record as an official
safety inspection station for a period of three years from the date of the violation.
8. Petitioner waives any and all rights to appeal this matter
I have read and approved the above-noted terms and conditions of this Stipulated
Marcus/(. McKnig , III, E~ ire
Attomey for John g .~Moore, ~
d/b/a/Moore's Garde _ )
DATE: j[~.OC..a ,.~.~.~'~_.,a~ ~_.'
Elaine N. Blass, Esquire
Attorney for Department of Transportation,
Bureau of Motor Vehicles