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Home My WebLink About02-4166COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2o02- JOHN T. MOORE : PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING VEHICLE INSPECTION 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 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. 4 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 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 of his inspection license 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 Court 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 By: Respectfully submitted, IRWIN, McKN~IT & HU/~I~S Attorney for Petitioner, 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 John T. Moore Oper. #12-717-072 107 Bridge Road Newville, PA 17241 (Moore's Garage - OIS #7384) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 Vehicle Inspection Division P. O. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 MECHANIC # 12-717-072 CERTIFIED MAIL: 7001 0360 0003 4523 1951 MAIL DATE: August 8, 2002 ORDER OF SUSPENSION OF OFFICAL 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 certification as an Official Safety Inspector will be suspended for one (1) year for faulty inspection on a 1987 Honda (sticker #Al 1-8956678). The suspension(s) will mn 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 THI~ ORDER. At the end of the 40 days, you are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Safety Inspector Certification Card. Upon the completion of your suspension, your inspector certification card will be returned to you. You have 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-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 SUSPENS. ION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the'Court directing the Department to stay the suspens on must be served upon the Deparmaent at the mailing address listed below. MAILING ADDRESS: Depar~ant of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3~ Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles 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 tree 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 unswom falsification to authorities. Date:~o~ ~t 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 true 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 Riverfi'ont Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 Date: August 30, 2002 By: IRWIN, McKNIGHT &~UG~ES ~a_r_.cu~ _A. Mc~Off~g~t, iii, Es~ire 60 West Pomf(et Street Carlisle, PA 17~ (717) 249-2353 ~ Supreme Court I.D. No. 252[76 COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : No. 2002_ JOHN T. MOORE . PRELIMINARY ORDER AND NOW, this ~ day 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 inspection license of the Petitioner should be set aside. This Appeal acts as a supcrcedeas pursuant to 75 Pa. C.S.A. Section 1550. A hearing is scheduled for ~///, 2002, at .. ~'~/~.m. in Courtroom No. .~ , Cumberland County Courthouse, Carlisle, Pennsylvania, and the Prothonotary shall notify the Department forthwith. BYTHECOURT, JOHN T. MOORE, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND .COUNTY, PENNSYLVANIA NOS. 2002-4165, 4166 CWIL TERM PREACIPE OF APPEARANCE Please enter my appearance on behalf of the Commonwealth of Pennsylvania, Depart- ment of Transportation, in the above-entitled action, and serve all documents upon me at the address listed below. Rzectfully submitted, Elaine Blass Assistmat Counsel Motor Vehicle Section Department of Transportation Riverfi'ont Office Center - 3ra Floor 1101 S. Front Street Harrisburg, PA 17104-2516 Attorney ID g43097 DATED: CCl December 5, 2002 Marcus A. McKnight, III, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-6354 JOHN T. MOORE, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, RESPONDENT IN THE COURT OF COMMON PLEAS OF CLIMBERLAND COUNTY, PENNSYLVANIA No. 2002-4166 CWIL DIVISION ORDER AND NOW this _~ ~v~ day of December, 2002, it appearing that the Department of Transportation, Bureau of Motor Vehicles, and Petitioner John T. Moore 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 (Petitioner), O.I.M.#12-717-072, that Petitioner's certification as an Official Safety Inspector was being suspended for a period of one year, as the result of a violation of performing a faulty inspection. 2. The suspension was imposed pursuant to Section 4726(a) of the Vehicle Code and the Department's regulations at 67 Pa Code § 175(a). 3. On August 30, 2002, Petitioner filed a timely appeal from this suspension in the Court of Common Pleas of Cumberland County at the above-referenced docket number. By Order entered September 9, 2002, a supersedeaS was entered restoring Petitioner's certification as an Official Safety Inspector pending appeal and scheduling a de novo hearing for December 11, 2002. 4. Petitioner agrees to accept 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 and the Petitioner has agreed to serve the one-year suspension, effective Monday, February 3, 2003. 5. 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 inspector for a period of three years from the date of the violation. VlN¥'/;'IXS~IN3~ ¢.,,1:6 14¥ 01~ 338 80 6. Petitioner waives any and all rights to appeal this matter. I have read and approved the above-noted terms and conditions of this Stipulated Agreement. Elaine N. Blass, Esquire Attorney for Department of Transportation, Bureau of Motor Vehicles