in tin? DEPARTMENT OF TRANSPORTATION I .rt :31September 12, 2014 Dennis J. Wonder Wonder?s Auto 2758 Black Rock Rd Hanover, PA 17331 AMENDED ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION This notice amends the Of?cial Notice of Suspension dated August 28, 2014. In compliance with the Stipulation Agreement and Settlement, the suspension of your safety inspection station privileges has been af?rmed. In accordance with this decision, you are hereby suspended for our (4) months for faulty inspecting of equipment or parts for and one 1) year for fraudulent record keeping with credit given for eleven (11) months and nine (9) days already served. The suspension(s) will run concurrently, for a total suspension of one (1) month and twenty-one (21) days. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the Quality Assurance Of?cer, who is a representative of the Department of Transportation, your Safety Certi?cate(s) of Appointment and all safety inspection stickers. Two 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 determine if you are quali?ed for reappointment. If you have any questions, please contact the Vehicle Inspection Division at (717) 787-2895 01', you may write to the Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106-9003. MAILING ADDRESS: Sincerely, Department of Transportation Chief Counsel?s Of?ce Q64 ?dd/W Riverfront Of?ce Center 1101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1101 S. Front Street Harrisburg, PA 17104 717?787?2895 COMMONWEALTH OF OFFICE OF GENERAL COUNSEL DATE: August 18, 2014 Station: Dennis Wonder Wonder Auto Repair else: x099 To: Kay Kishbaugh, Manager Vehicle Inspection Division Mechanic: Bureau of Motor Vehicles From: Christopher J. Johnson County: York Assistant Counsel Docket Number: Subject: INSPECTION CASE Original STATION Safety - 16 mo Sanction: Emission - 15 mo $2,500 fine INSPECTOR Reason: Faulty inspection of equipment or parts; fraudulent record keeping; improper record keeping; careless record keeping; inspection by uncerti?ed mechanic. Date of Notice: February 24, 2014 "i Effective Date: February 24, 2014 Attached is an Order of Court or a Stipulation. Please take the action indicated: Please modify original sanctions as follows: Safety Station Run Concurrently and give 9 months additional credit for total suspension time of 3 months. Effective August 15, 2014. Emission Station run concurrently and give 9 months credit for total suspension time of 3 months and waive the ?ne. Effective August 15, 2014. Ifyou have any questions, please let me know. hank you for your assistance. OFFICE OF CHIEF COUNSEL VEHICLE 3: TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, 3m FLOOR li?i SOUTH FRONT STREET 1 HARRISBURG, PA 17104-2516 Ph: 7113-7054122 1 DEPARTMENT OF TRANSPORTATION 39/1 1 2?2614 81: 28 78545659 PAGE Blfal Law (Mica of Michael F. enton, Esquire 149 East Market Street, 3rd. Hoar, York, 1740! (717) 854-1366 Tciaphone {717) 854?5069 -- Fax wwn{famomawo?icexcom Micth Fenian? *Also admitted in Colorado September 1, 2014 Via Facsimile L717]7_05n1122 ChristOphcr Johnson, Esquire Commonwealth Of Department 3rd Floor, Riverfront Of?ce Center Harrisburg, PA 17104~2516 RE: Dennis . Wonder Commonwealth of Department of Transportation Bureau of Licensing No: 2014~3Ur95 1?27, Dear Attm?noy Johnson: Per our earlier conversation, Dennis Wonder requests credit time from February 18, 2014~April 4, 2014 for his suspensions. 'i'hank you for your cooperation in this matter. Sincerely yours, mom/m4 Michael F. enton, Esquire Cc: Dennis Wonder twill/2814 88: 3? 71?8545569 PQGE BIXBS Law (Mime of Michael F. anion, Esquire 149 Em! Market Street, 3rd. Finer, York. .Pennsyivanfa 17401 (717) 854-!366 'f?eleplume 7) 854-5069 Fax wwaenronlawo?fces.com Michael F. Fenkm* *Also admitted in Colorado September 1 1, 2014 Via Facsimile (717)705-1122 [6 113215) Christopher Johnson. Esquire Commonwealth 0f Department of 'l'ransportation 3rd Floor, Riverfront Of?ce Center Harrisburg, PA 17104?2516 RE: Dennis I. Wonder v. Commonwealth of Department of Transportation Bureau of Licensing N0: Dear Attorney Johnson: Attached please ?nd the ?Transcript of Proceedings" transcribed by Christine E. Pike Court Reporter, Please contacf me with any questions or concerns. Thank you for your cooperation in this matter. Sincerely yours, May/W ichael F. Fenton, Esquire Attachments Cc: Dennis J. Wonder 86:37 8913932814 22?1?8545869 5 ?712439 YORK CO COURT REPORT IN THE COURT OF COMMON PLEAS OF YORK COUNTY, No. DENNIS WONDER t/d/b/a NO. WONDER AUTO REPAIR 018 VS COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION i York, 93., June 18, 2014 Before Honorable John Braxton, Senior Judge APPEARANCES: ChristoPher Johnson, Esquire For the Department of Transportatian Michael Fanton, Esquire For the Petitioner Reported by: Christine E. Pike Of?icial Court Reporter PAGE PAGE 61 88:37 71?8545889 PAGE 83f66 69139f2814 22:55 ??12499 YORK GO COURT REPORT PAGE 32 1 PROQEEDINGS HELD ON JUNE 18, 2014 2 ATTORNEY JOHNSON: Good morning, Your 3 Honor, I?m Christopher Johnson here for the Department 4 of Transpoxtation. 5 First, your Honor, I would call the 6 Dennis Wonder ease, that?s 2014~950 and 951. And a 7 little backgxound, this is two appea?s that were 8 appeals by Mr. Wonder of the department's suspension of 9 his certificate of appointment of official emiSsions 10 inspection station and inspection station, and they 11 date back to violations that occurred a Couple of years 12 ago regarding inspection of a vehicle for both safety 13 and admissions, 14 I've had a chance to discuss the matter 15 with Attorney Fenton, who represents Mr. Wonder in both 16 of those cases, and I believe we have the matter 17 resolved. HoweVer, we would ask, if it please the 18 Court, if we oould have some time to prepare an agreed 19 order to submit to Judge Linobaugh or yourself. I 20 mean~? 21 THE COURT: Well, it should be submitted 22 to me because Judge Linebaugh will not know what it's 23 about at this etege of the game. So the question is, 24 Mr. Fenton, when it comes to me I?m going to give you 25 30 days, 30 you don't have a problem~~ 89/1132814 66:37 7178545869 84f38 22:55 ?71?499 YORK CD GUURT REPORT PQGE 93 ATTORNEY PENTON: No, no problem 2 whatsoever. 3 THE COURT: Right. 80 it will be done 4 in 30 days and I'll be back-?I?ll in the County to 5 receive it. 6 ATTORNEY JOHNSON: That'a vexy good, 7 Your Honor. Just ao that the Court is aware what the 8 agreement is, Mr. Wonder is going to withdraw his 9 appeals and I believe we?re going to agree that those 10 suspensions that he had? I believe, it's 15 months and 11 $2500 fine on his admissions atation and on his safety 12 inspection station. 13 It was 60 we are going to agree 14 to reduce the total suspension time to 3 months on both 15 of those and waiVQ the fine. .And I think that Ex. 16 Wonder is going to let us know when the date when he 17 would go under suspension. 19 ATTORNEY FENTON: Good morning, Your 19 Honor. 20 THE COURT: Good morning. 21 ATTORNEY FENTON: We are waiving the 22 appeal and Mr. Wonder would like to start his 23 suspension on Auguat 14th, 2014, 24 THE COURT: Make sure that is in the 25 order effective August-H @9f11X2614 68:37 2255 ?178545369 7712499 VORK CO COURT REPORT ATTORNEI FENTON: 15th. THE COURT: And I'll Sign it prior to that time and should not be a problem. ATTORNEY JOHNSON: Thank you, Your Honor. FENTON: Thank you, Judge. THE COURT: You are welcome good to see you. {Whereupon, the proceeding ended.) PAGE 65f66 PAGE 84 39f11f2314 83." 37 7?1 ?3545359 aaxaaxzam 22:55 ??12499 vamc cu cause-r mum {was 1 3 I hereby certify that the proceedings and 4 evidence are contained fully and accurately in the 5 netes taken by me on the hearing of the above cause, 6 and that this copy is a correct transcript of the same. Christine E. Fike Official Court Reporter DEPARTMENT OF TRANSPORTATION August 28, 2014 Dennis J. Wonder Wonder's Auto Repair-OiSttXO?JQ 2758 Black Rock Rd Hanover, PA 17331 RE: Court Order Court Of Common Pleas Of York County Dear Station Representative: In Compliance with the Order of the above referenced Court, dated August 18, 2014, the suspension of your safety inspection station privileges has been af?rmed and will continue in effect from the date of this letter. In accordance with this decision, you are hereby suspended for sixteen (16) months with credit given for thirteen (l 3) days already served. The suspension(s) will run consecutively, for a total suspension of sixteen (16) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Safety Certi?cate(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 determine if you are qualified for reappointment. if you have any questions, please contact the Vehicle Inspection Division at 787?2895, or you may write the Vehicle Inspection Division, P. 0. Box 69003, Harrisburg, PA 17106-9003. MAILING ADDRESS: . Sincerely, Department of Transportation Chief Counsel?s Office Riverfront Of lice Center 1 101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA i7i04?24l6 Bureau of Motor Vehicles Vehicle Inspections 1 1-101 8. Front Street Harrisburg, PA 17104 717?787?2895 COMMONWEALTH OF OFFICE OF GENERAL COUNSEL DATE: August 18, 2014 To: Kay Kishbaugh, Manager Vehicle Inspection Division Bureau of Motor Vehicles From: Christopher J. Johnson Assistant Counsel Subject: INSPECTION CASE .9 . n17 I sf? 1" Station: Mechanic: OlMii: County: Docket Number: Original Sanction: Reason: Date of Notice: Effective Date: Dennis Wonder t/d/bla Wonder Auto Repair X099 York 2014-SU-951-27 STATION Safety - 16 mo Emission 15 mo $2,500 fine INSPECTOR Faulty inspection of equipment or parts; fraudulent record keeping; improper record keeping; careless record keeping; inspection by uncertii?ied mechanic. February 24, 2014 February 24, 2014 Attached is an Order of Court or a Stipulation. Please take the action indicated: Please modify original sanctions as follows: Safety Station Reinstate 16 month suspension. Effective August 15, 2014. Emission Station Reinstate 15 August 15, 2014. month suspension and reduce ?ne to $1,500. Effective If you have any questions, please let me know. hank you for your assistance. OFFICE OF CHIEF COUNSEL I VEHICLE TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, 3RD 1101 SOUTH FRONT STREET 1 HARRISBURG, PA 17104-2516 Ph: 1 Fax: DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS WONDER t/d/b/a WONDER AUTO NO. REPAIR, 013 X099 vs. COMMONWEALTH OF INSEPCTION STATION APPEAL DEPARTMENT OF TRANSPORTATION AGREED ORDER IMPOSING SANCTIONS AND DISMISSING APPEALS AND NOW, this 20?" day of August, 2014, the appeal ?led in the above referenced matter is hereby settled and dismissed as set forth herein. The petitioner shall serve the suspensions imposed as set forth in the of?cial notices of suspension effective August 15, 2014, with the Department having agreed to reduce the ?ne to a total of $1500. The Appeal is hereby DISMISSED. BY THE COURT: IslStephan P. Lineb'awa'gjh,? PJ Stephen P. Linebaugh, Attest: Christopher J. Johnson, Esq., PENNDOT, Of?ce of Chief Counsel, 1101 South Front Street, 3'rd Floor, Harrisburg, PA 17104-2516 Michael F. Fenton, Esq., 149 East Market Street, 3Id Floor, York, PA 17401 Law O?ices of Michael F. Fenian, Esquire 149 East Market Street, 3rd. Floor, York, 17401 (717) 854-1366 Telephone (717) 854?5069 Michael F. Fenton* March 24, 2014 Honorable Stephen P. Linebaugh York County Judicial Center 45 North George Street York, 17401 RE: Transportation Bureau of Licensing No: Dear Judge Linebaugh: i 1. Please be advised that I am presenting the attached "Motion To reference to the above?captioned case, in Motions Court on Tuesday, AGMO Defendant has been noti?ed by copyof this letter via facsimile. Thank you for your cooperation in this matter. Sincerely yo Dennis J. Wonder v. Commonwealth of De Fax Also admitted in Colorado partment of Stay Suspension? in April 1, 2014 at 9:30 urs, [halt Michael F. Enclosure Cc: Dennis J. Wonder enton, Esquire IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER 1 Monday, March 24,20143:44 PM Plalntiff/Petitioner 201 NO: v. COMMONWEALTH OF INSPECTION APPEAL DEPARTMENT OF TRANSPORTATION - BUREAU OF LICENSING ORDER AND NOW, this day of 2014, upon presentation of the within Motion to Stay Suspension, it is hereby Granted that the Motion to Stay the Suspension of Of?cial Emissions Inspection Station is hereby Stayed until further Order of Courti BY THE COURT: IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner NO: V. COMMONWEALTH OF INSPECTION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING i- MOTION To STAY SUSPENSION ilk Walk AND NOW, TO WIT, this (lay of I the Petitioner, Dennis I. Wonder, by and through her attorney, Michael F. Fenton, Esquire, and files the following ?Motion To Stay Suspension?: 1. Petitioner is Dennis J. Wonder, residing at Petitioner?s mechanic number is 2. On or about, February 24, 2014, Petitioner received an ?Order of Spspension Of 2014, comes :1 ??42 54144182 (5?3 Of?cial Emissions Inspection Station? from PennDot suspending his Certi?cate of Appointment as an Of?cial Emissions Inspection Station for a period of ?fteen (15) months. The Suspension takes effect thirty (30) days from February 24, 2014 or March 26, 2014. 3. On or about, March 24, 2014, Petitioner ?led an ?Appeal of Suspension of Of?cial Emissions Inspection Station.? 4. The Order of Suspension of Official Emissions Inspection Station dated February 24, 2014 states: ?Filing of an appeal does not automatically stay the suspension.? 5. On or about, March 21, 2014, Attorney Michael F. enton spoke with Attorney (1) Christopher Johnson, legal counsel for PennDot, who stated that he was not opposed to the ?Motion to Stay Suspension.? WHEREFORE, the Petitioner requests that this Honorable Court to grant this Motion to Stay Suspension. Respectfully submitted, 6mm MR [Mi?liael F. Fehton, Esquire Sup. Ct. ID. #53985 149 East Market Street, 3rd. Floor York, 17401 (717) 854-1366 Attorney for Defendant/Petitioner VERIFICATION 1, Michael F. enton, Esquire, do hereby verify that the facts set forth in the above foregoing pleading are true and correct to the best of my personal knowledge or information and belief, and that any false statements herein are made subject th the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. Sec. 4904) relating E?to falsi?cation to authorities. :5!le Wat/M2 ?Michhel F. Sup. Ct. ID. #53985 149 East Market Street, 3rd Floor York, 17401 (717) 854-1366 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, . DENNIS J. WONDER Plaintiff/ Petitioner NO: VI COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING CERTIFICATE OF SERVICE Mk I 1, Michael F. Fenton, Esquire, hereby verify that on day of WM 2014, I served the Commonwealth of Department of Transportation, Vehicle Inspection Division with a true and correct copy of the Motion To Stay Snapension-by United States Postal Service, ?rst class mail, postage prepaid, certi?ed, restricted delivery, returnreceipt requested and Overnight Delivery with acceptance by an authorized agent of PennDot. verify that the statements made in this af?davit are true and correct. .I understand that false statentents herein are made subject to the penalties of 4904 relating to unsworn falsi?cation to authorities, which may include two (2) years imprisonment and ?nes up to $5000.00. stain Michael F. Fcnton, Esquire Sup. Ct. ID. #53985 149 East Market Street, 3rd. Floor York, .1 7401 .. (717) 854-1366 . . i Attorney for Defendant/Petitioner x) .i'lt 9a :9 in we tit-E. not .l -. . IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS WONDER Monday, March 2d, 2014 3:43 PM Plaintif?Petitioner NO: V. COMMONWEALTH OF INSPECTION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING ORDER AND NOW, this day of 2014, upon presentation of the within Motion to Stay Suspension, it is hereby Granted that the Motion to Stay the Suspension of Of?cial Inspection Station is hereby Stayed until further Order of Comt. . BY THE COURT: IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner . NO: 1% COMMONWEALTH OF INSPECTION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING 4. MOTION TO STAY SUSPENSION AND NOW, TO WIT, this of ?ip/V 0% the Petitioner, Dennis J. Wonder, by and through her attorney, Michael 2014, comes F. Fenton, Esquire, and files the following ?Motion To Stay Suspension?: 1. Petitioner is Dennis J. Wonder, residing at? Petitioner?s mechanic number is 2.. On or about, February 24, 2014, Petitioner received an Order of Suspension Of Of?cial Inspection Station? from PennDot suspending his Certi?cate of Appointment as an Of?cial Inspection Station for a period of sixteen (16) months. The suspension takes effect thirty (30) days from February 24, 2014 or March 26, 2014. 3. On or about, March 24, 2014, Petitioner filed an ?Appeal of Suspension of Of?cial Inspection Station.? 4-. The Order of Suspension of Official Inspection Station dated February 24, 2014 states: ?Filing of an appeal does not automatically stay the suspension.? 5. On or about, March 21, 2014, Attorney Michael F. enton spoke with Attorney (1) Christopher Johnson, legal counsel for PennDot, who stated that he was not opposed to the ?Motion to Stay Suspension.? WHEREFORE, the Petitioner requests that this Honorable Court to grant this Motion to Stay Suspension. Date: (2) Respectful I ly submitted, loll/eel F. Sup. Ct. I. 149 East I . #53985 611?th Street, 3rd. Floor York, Pem- sylvania 17401 (717) 854-1366 Attorney for Defendant/Petitioner 1, Michael F. Fenton, Esquire, do hereby verify that the facts set forth in the above foregoing pleading are true and correct to the best of my personal knowledge or information and belief, and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. Sec. 4904) relating to unsworn falsi?cation to authorities. Zea/m mama/a Michael F. Fer toilfl?squire Sup. Ct. ID. #53985 149 East Market Street, 3rd Floor York, (717) 854?136 vania 17401 6 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner N0: V. COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING day of?f 4/ 2014, I served the Commonwealth of Department of Transportation, Vehicle CERTIFICATE OF SERVICE I, Michael F. Fenton, Esquire, hereby verify that on Inspection Division with a true and correct copy of the Motion To Stay Suspension by United States Postal Service, ?rst class mail, postage prepaid, certi?ed, restricted delivery, rettirn receipt requested and Overnight Delivery with acceptance by an authorized agent of PennDot.? I verify that the statements made in this af?davit are true and correct. I understand that false statements herein are made subject to the penalties of 4904 relating to unsworn falsi?cation toianthorities which may include two (2) years imprisonment and lines up to $5000 00 i Michael F. Fenton, Esquire Sup. Ct. ID. #53985 I49-East Market Street, 3rd. Floor York, 17401 (717) 854-1366 I . Aft I Ed omey for DefendantfPetItronerSi?! =8 lid ?12 little! :1 in; Low O?ices of Michael F. Fenton, Esquire 149 East Market Street, 3rd. loor, York, 1740] 7) 8544366 Teiephone (71 7) 854?5069 Fax. 11motif;ntonlowo?ices. com Michael F. eatoni? *Also admitted in Colorado March 27, 2014 at? as step-attrnem at Via Facsimile (717)705-1 122 (22 pages) Christopher Johnson, Esquire Ic?m? 3 2034 Commonwealth Of Department of Transportation of (fit-Hex? 3rd Floor, Riverfront Of?ce Center lftiti'tiafaa its; a age-agate; Harrisburg, PA 17104?25 16 RE: Dennis J. Wonder v. Commonwealth of Department of Transportation Bureau of Licensing No: Dear Attorney Johnson: Attached please ?nd documents regarding the above mentioned case. A copy of said documents will also be delivered to you via certi?ed, ?rst class mail. Thank you for your cooperation in this matter. Sincerely yours, Michael F. Fenton, Esqil-e Enclosure Cc: Dennis J. Wonder IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plainti?/Petitioner NO: V. . COMMONWEALTH OF - INSPECTION STATION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU. OF LICENSING SCHEDULING ORDER AND NOW, this ngkday of 2014, a hearing is scheduled on the appeal of Petitioner for Wednesday, the {ll/k day of 2014, at 9:00 am. in the Ceremonial Courtroom on the second ?oor of the Administrative Center, 28 E. Market St., York, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant?s responsibility to serve a Copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Of?ce of Chief Counsel Vehicle and Traf?c Law Division Riverfront Of?ce Center, 3rd Floor 1 101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant?s responsibility to ?le a Certi?cate of Service with the Prothonotary stating that service was made on the Commonwealth of IN THE COURT OF COMMON PLEAS OF YORK COUNTY, I DENNIS J. WONDER Plaintiff/Petitioner NO: 20 I V. I COMMONWEALTH OF INSPECTION APPEAL [553i DEPARTMENT OF TRANSPORTATION I I: BUREAU OF LICENSING 1,5 APPEAL OF SUSPENSION OF OFFICIAL INSPECTION STATION AND NOW, TO WIT, this 2?;be day of . ?2014? coz?eS the Petitioner, Dennis J. Wonder, by and through her attorney, Michael F. Fenton, Esquire, and ?les the following ?I?Appeal of Suspension of Of?cial Inspection Station?: 1. Petitioner is Dennis J. Wonder, residing at? Petitioner?s mechanic number is- I 2. PennDot by Notice dated February 24, 2014 suspended Petitioner?sCerti?cate of Appointment as an Of?cial Inspection Station for a period of sixteen (16) months, pursuant to) Section 4724 of the Vehicle code, effective February 24, 2014 thirty (30) days 2014 or March 26, 2014. 3. The suspension of Petitioner?s Certificate of Appointment as an Of?cial Inspection Station is unlawful for the following reasons: The facts are not as stated by PennDot. Petitioner was present during the inspections. He was in complete supervision of his garage and inspection. WHEREFORE, the Petitioner requests that this Honorable Court to grant this appeal of the suspension of his Certi?cate of Appointment as an Of?cial Inspection Station. Date: :8 Respectfully submitfed, Mic??el F. Fentsl? Esqvuire Sup. Ct. ID. #53985 149 East Market Street, 3rd. Floor York, 17401 (717) 854-1366 Attorney for Defendant/Petitioner VERIFICATION I, Michael F. enton, Esquire, do hereby Verify that the facts set forth in the above foregoing pleading are true and correct to the best of my personal knowledge or information and belief, and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. Sec. 4904) relating, to unsworn falsi?cation to authorities. B/Zi/{w Wm; Micllae?llF. Fenton, ?s?t?re (7 Sup. Ct. ID. #53985 149 East Market Street, 3rd Floor York, 17401- (717) 854-1366 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner NO: V. COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING CERTIFICATE OF SERVICE 1, Michael F. Fenton, Esquire, hereby verify that on bi day of ML 2014, I served the Commonwealth of Department of Transportation, Vehicle Inspection Division with a true and correct copy of the Motion For Appeal by United States Postal Service, first class mail, postage prepaid, certi?ed, restricted delivery, return receipt requested and Overnight Delivery with acceptance by an authorized agent of PennDot. I Verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 4904 relating to unsworn falsi?cation to authorities, which may include two (2) years imprisonment and ?nes up to $5000.00. BMW 5/ Michael F. Fenton, Esquire Sup. Ct. 149 East Market Street, 3rd. Floor York, 17401 (717) 854?1366 Attorney for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner NO: V. COMMONWEALTH OF INSPECTION STATION APPEAL DEPARTMENT OF TRANSPORTATION . BUREAU OF LICENSING SCHEDULING ORDER AND NOW, this QS?l/?kday of lL 2014, a hearing is scheduled on the appeal of Petitioner for Wednesday, the MK day of 2014, at 9:00 am. in the Ceremonial Courtroom on the second floor of the Administrative Center, 28 E. Market St., York, I at which time testimony will be taken and argument heard. A copy of this Order has been Served on Appellant. It shall be Appellant?s responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Of?ce of Chief Counsel Vehicle and Traf?c Law Division Riverfront Of?ce Center, 3? Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant?s responsibility to file a Certi?cate of Service with the Prothonotary stating that service was made on the Commonwealth of IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner V. COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING APPEAL OF SUSPENSION OF OFFICIAL EMISSIONS INSPECTION EMIS SION Monday, March 24, 2014 8:54 AM NO 2014-80-000951-27 FurAND NOW, TO WIT, this 23 M/day of 7661/ the Petitioner, Dennis J. Wonder, by and through her attorney, Michael 2014, comes P. Fenton, Esquire, and files the following ?Appeal of Suspension of Of?cial Emissions Inspect'on Station?: 1. Petitioner is Dennis J. Wonder, residing at Petitioner?s mechanic number is 2. Appointment as an Of?cial Emissions Inspection Station for a period of PennDot by Notice dated February 24, 2014 suspended etitioner?s Certi?cate of fifteen (15) months, pursuant to Section 4724 Of the Vehicle code, effective thirty (30) days from February 2014: or March 26, 2014. 3. Emissions Inspection Station is unlawful for the following reasons: The PennDot. Petitioner was present during the inspections. He was in com} garage and emissions inspection. WHEREFORE, the Petitioner requests that this Honorable Court the suspension of his Certi?cate of Appointment as an Of?cial Emission: The suspension of Petitioner?s Certificate of Appointment as an Of?cial i' 3' facts are not --asi )lete supervision of his to grant this appeal of InSpection Station. E/Mllb/ Respectfully submitted, mm Mich/elel F. Fent?bn, Es??uire Sup. Ct. 1.1). #53985 149 East Market Street, 3rd. Floor York, 17401 (717) 854-1366 Attorney ?lm Defendant/Petitioner 1, Michael F. Fenton, Esquire, do hereby verify that the facts foregoing pleading are true and correct to the best of my personal k1 information and belief, and that any false statements herein are mad EERIFI CATION set forth in the above iowledge or subject to the penalties of Section 4904 of the Crimes Code (18 Pa. 08. Sec. 4904) relating to unsworn falsi?cation to authorities. Wt Mal/4M Michael F. Fenion?quire Sup. Ct. LD. #5 149 East Marke York, (717) 854-1366 3985 Street, 3rd. Floor ania 17401 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, DENNIS J. WONDER Plaintiff/Petitioner NO: v. COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF LICENSING CERTIFICATE OF SERVICE I, Michael F. Fenton, Esquire, hereby verify that on day of 2014, I served the Commonwealth of Department of Transportation, Vehicle Inspection Division with a true and correct copy of the Motion For Appeal by United States Postal Service, ?rst class mail, postage prepaid, certified, restricted delivery, return receipt requested and Overnight Delivery with acceptance by an authorized agent of PennDot. I verify that the statements made in this af?davit are true and correct. I understand that false statements herein are made subject to the penalties of "4904 relating to unsworn falsi?cation to authorities, ailiich may include two (2) years imprisonment and ?nes up to $5000.00. Elwlm Michael F. Fenton, Esquire - Sup. Ct. ID. #53985 I 149 East Market Street, 3rd. Floor York, 317401 (717) 854?1366 Attorney for Defendant/Petitioner {38?2 {re-es; pen nia DEPARTM ENT 0 TRANSPO RTATION February 24, 2014 Dennis Wonder Wonder Auto Repair-OIS#X099 2758 Black Rock Road Hanover, PA 17331 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby noti?ed that your Certi?cate 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 during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended for faulty inspecting of equipment or parts for four (4) months and ?'audulent record keeping for one (1) year (A 2002 Nissan Frontier VIN and issued inspection sticker Al2~0860842) The suspension(s) will run concurrently, for a total suspension of sixteen (16) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certi?cate(s) of Appointment and all safety inspection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Of?cer for reappointment. A complete and through investigation may be conducted to determine if you are quali?ed for reappointment. 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 DATE OF THIS ORDER. If you do ?le 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 SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Sincerely, Department of Transportation - Chief Counsel?s Of?ce ?14? Riverfront Of?ce Center 1101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street I Harrisburg, PA 17104 717-787-2895 use {38-08) DEPARTMENT OF TRANSPORTATION dot.stete.pa.us Vehicle Inspection Division P. 0. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 MECHANIC CERTIFIED MAIL: 7004 2510 0001 4167 3386 MAIL DATE: January 23, 2014 Brandon A. Eckard NOTICE OF INTENT TO SUSPEND OFFICAL SAFETY INSPECTOR During the audit conducted at wonders Auto Repair, X099 on October 2011, the following conduct was discovered to have occurred: 0 On October 27, 2011 Brandon A. Eckard Operator -inspected a 2002 Nissan Frontier VIN and issued sticker number . As a result, the Department intends to suspend your certi?cation as an Of?cial Safety Inspector pursuant to Section 4726 of the Vehicle Code. If you are suspended, no vehicle safety inspections may be performed during a period of suspension. Pursuant to Department regulations, the Department intends to suspend your certi?cation as an Of?cial Safety Inspector for faulty inspecting of equipment or parts. The suspension(s) is to run consecutively for a total suspension of two (2) months. This suspension is to run consecutively with any other susp ension(s) imposed by the Department for any violation considered separately. Credit for your suspension term will not begin until your certi?cation card is surrendered to the Department. You may contact your Quality Assurance Officer to surrender your certi?cation card or you may mail your certi?cation card to the Vehicle Inspection Division, Post Of?ce Box 69003, Harrisburg, PA 17106-9003. You have a right to request a hearing on the above referenced sanction(s) under 2 ??501-508 (relating to generai rules of administrative practice and procedure of administrative agencies); 1 Pa. Code Part II (relating to generai rules of administrative practice and procedure) and 67 Pa. Code Chapter 491 (relating to administrative practice and procedure) by submitting a written request for a hearing within 30 days of the above mail date to the Administrative Docket Clerk, Of?ce of Chief Counsei, 400 North Street, 9th Floor, Harrisburg, PA 17120-0096. A copy of this letter shall accompany the request. THIS IS YOUR OPPORTUNITY TO BE HEARD IN THIS MATTER. IF YOU FAIL TO REQUEST A HEARING ON THE ABOVE REFERENCED WITHIN 30 DAYS OF THE MAIL DATE OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSION. ADDITIONALLY, THE ABOVE SAN CTION (S) WILL ALSO BE FINAL AND YOUR CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR WILL BE SUSPENDED EFFECTIVE February 24, 2014. Sincerely, Anita M. Wasko, Director Bureau of Motor Vehicles 05-2 trees; I I: - . .57 47?1? DEPARTMENT OF TRANSPORTATION myw.dot.state.pa.us Vehicle Inspection Division P. O. Box 69003 Ef?glwingerk Rd Harrisburg PA 17106-9003 HmovechA (197331 Phone: (717) 787-2895 - MECHANIC (wonder Au?) CERTIFIED MAIL: 7004 2510 0001 4167 3355 MAIL DATE: January 13, 2014 NOTICE OF INTENT TO SUSPEND OFF ICAL SAFETY INSPECTOR During the audit conducted at Wonder's Auto Repair, X099 on October 27, 2011, the following conduct was discovered to have occurred: I On October 27, 2011 Dennis Wonder operator a 2002 Nissan Frontier and issued sticker ALE-0860842 . As a result, the Department intends to suspend your certi?cation as an Of?cial Safety inspector pursuant to Section 4726 of the Vehicle Code. If you are suspended, no vehicle safety inspections may be performed during a period of suspension. Pursuant to Department regulations, the Department intends to suspend your certi?cation as an Of?cial Safety inspector for faulty inspecting of equipment or parts for two (02) months and ?audulent record keeping inciuding the lesser offenses improper and careless record keeping for one (1) year. The suspension(s) is to run consecutively for a total suspension of fourteen (14) months . This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You have a right to request a hearing on the above referenced sanction(s) under 2 ??501-508 (relating to general rules of administrative practice and procedure of administrative agencies); 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and 67 Pa. Code Chapter 491 (relating to administrative practice and procedure) by submitting a mitten request for a hearing within 30 days of the above mail date to the Administrative Docket Clerk, Of?ce of Chief Counsel, 400 North Street, 9th Floor, Harrisburg, PA 17120-0096. A COpy of this letter shall accompany the request. THIS IS YOUR OPPORTUNITY TO BE HEARD IN THIS MATTER. IF YOU FAIL TO REQUEST A HEARING ON THE ABOVE REF ERENCED WITHIN 30 DAYS OF THE MAIL DATE OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSION. ADDITIONALLY, THE ABOVE WILL ALSO BE FINAL AND YOUR CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR WILL BE SUSPENDED EFFECTIVE February 14, 2014. Sincerely, add/W? Anita M. Wasico, Director Bureau of Motor Vehicles Station name: Wonders Auto Repair X099 El EMISSION OVERT Hearing date: 10/27/11 York County - SAFETY COVERT VIOLATION SUMMARY Safety inspection ,(covert vehicle) 2002 Nissan Frontier VIN - 1N6DD26SX20319656, sticker AI2-0860842. Technician pulled tire looked at brakes. Technician told inspector brakes looked good. Inspector told technician to take wheel off. After wheel was pulled inspector went to vehicle and looked at brakes, stating they were good, but NO measurements were taken? That was end of safety test. Inspector put safety sticker on QAO's vehicle. Inspector did NOT check any lights, or turn signals. Hood was NOT opened FOR INSPECTION, vehicle was NEVER road tested. Inspector was only around the vehicle to check right rear tire and to put sticker on vehicle. Vehicle had brake light out and was set to fail safety inspection. QAO watched inspector fill out safety sticker and place it on the windshield . Owner was present at time of violation, HEARING TESTIMONY Owner/tech Dennis I Wonder op? stated he did look at the brakes and looked at the ball joints on the driver?s side when the vehicle was jacked up, and also pulled the right rear wheel off, checked they were good, did not see anything bad back there. As far as the gauges I hardly use them anymore. As far as the lights he thought he did check them. This is all I can really say about it Tech - Brandon Eckard - op- Basically why I did what I did is because Dennis .is going through cancer. RECOMMENDED STATION PENALTY [3 concurrent consecutive Fraudulent record keeping - 1 yr. Faulty inspection - 2 months. RECOMMENDED MECHANIC PENALTY concurrent . consecutive Faulty inspection 2 months Fraudulent recordkeeping 1 yr IB/approved Signature: a?wg disapproved (see below) 7 Station Namo=> Wonder's Auto Repair Safety Violation Recommendation 013 a x099 0mm" mm Mechanids Nam-opus (Enter all MechJ'Oper info in block below) Evert Type RFPi?f??g (Em. *5ka I . . I . Dennis Wonder opti- I Date of Viol 10-27-11 Gail Koch n. Issuance or possession of altered, forged. stolen or counterfeit certi?cate Furnish, lend, give, sell or receive a certi?cate of inspection without Station; 2002 Nissan Frontier VIN-1N6DD268X2C319656, sticker#A12-0860842) inspected by Brandon A scion-{6p . Mechanissitaqaths faulty inspects!an equipmentomans Wonder ?lled out Stislserand?ffued .to light out set tats?! Safety inspection iStation! {Mechanic 1 year Fraudulent record keeping Improper record keeping Careless record keeping .Failure to verify registration, title, manufacntrer?s statement of origin, ??nancial reSponsibility infonnation, or inspecting a vehicle with an expired registration or when valid proof of ?nancial responsibility has not been submitted i iFailtn?e to af?x certi?cate of inspection immediately upon successful . 3 2 ?cornpletion of inspection ilmproperly assigning certi?cate of inspection i :Failure to produce records, certi?cate of inspection. signature cards, i Ecerti?cate of appointment. er mechanic card ripen demand by inspection I ?station supervisor or authorized representative of the Department i :JIrnproper security of certi?cate of inspection inspecting more than three or two other vehicles per hour by mechanic with suspended, revoked, cancelled or recalled Operating privileges 'r i by uncerti?ed mechanic iMisstatement offact i iPerforming or indicating unnecessary repairs for the purpose of passing 1 Ian inspection i I -. liPerforrning repairs for the purpose of passing an inspection without I i i :vehicle owner authorization I . :Unclean ?Especnon area Bad check {Failure to report discontinuance of business 1 .K {Failure to notify the Department of changes of ownership, location or i :other changes affecting an of?cial inspection station ?Failure to give a written receipt or work order to costumer, or to list required information on work order PET 99-09A O?icial Inspection Station Investigation Report 018 Number Yo?i?i County YOIZ Phone Number 432 - 2228 Station Name mosses euro 25 Pm Street Address 2756 EMCK I200: 20. City and Zip Code Remarks: mettle sarerj Luspecnoy recumclm pause recur 012N212 5IDE nee AND mezzo ha.? or BIZAKES. HE row SITTING or tags: FIZONT wees wane. 6-000. tMsPEeroz THEN 1'on TECHNICIAN To TAKE OFF ems SIDE 1-1116 To LOOK or some}: Arrest RE,an Inge AND 0mm were; on: INSPECTOR. come overt. mo eeur Down! BESIOE TECHNICIAN AND THEY BOTH SAID LOOKED 6000. No management's wee; TAKENTHE ?Q5?j? 1ng. wuo was 93me To As eenNooN was ?eet-? 5?10? TALL, LONG- Mme; tat-Ace: Benet) :5 z.an 20?s IQ zoom: 30': one COULD mar see om Uzsrwouwmnto? we 1?0 LONG Steeves AND pours. Inseecrouz was A3001- Min-l.an Ho?s, Memom LEWTH Baowm Hme; 26091514 63:25? 35320. one come NOT see Ann! owrmewsnmo- MARKS Due To LONG SLEEVES AND PANTS. INSPECTOR our sneer? smear: on Ono?s VEHICLE. OoewG- (memos; [no Not cum: ANY or? EYTEIZNHL LIGHTS 1b INCLUDE: BEEKE LIGHTS, AND Tom! SIGNALS. DID we OPEN THE HOODOF VEHICLE. NEVEIZ CHECKED BEMEHTH OTHER THRN HM ON THE BZHKE. INSDECTOK NEVER 29149 TESTED ands VEHICLE. INSPECTOR DID NOT CHECK AM on: HEADLIGHTS. one men IN AND 001' m: Gnome. THE omv Tme INSPECTOR newts wuoerz- WAS AQOUMO VEHICLE was To CHECK REAR TIRE AND TE) POT- SVICKEZS ON THE VEHICLE. oeums lesser) UEHJCLE Hep THIRD Station Representative: Date: Dept. Representative: EVAN 5 HE 175.4. Number: 4595 3 Date: to 2 7 1 I hereby verify that the information set forth herein was compiled in fuli accordance with established procedures and is true and correct to the best ofmy knowledge, information, and belief. This verification is made subject to the penalties of 18 554904, relating to unswom falsi?cation to authorities. FET 99-09A O?z'cial Inspection v1.0, 03/25/05 Station Investigation Report Station Name mung {1.5 M10 Q. 018 Number #999 Street Address 2753 BLACK floor: ?20 . County Yeale City and Zip Code HAMOU r52) l733l Phone Number 717-632- 22 Z. 8 Remarks: 9129K: wear 001? AND wee 551' To FAIL seem ImecrcaN. also were? ED ruin?AA ?Aug-a? "m?H?f DENNIS W052. FILL cam' sracrcEtz AND PLACE WINDSHIELD. Geo Nor mwum FILLED our. Station Representative: Date: Dept. Representative: Number: Date: I hereby verify that the information set forth herein was compiled in full accordance with established prooedures and is true and correct to the best of my knowledge, information, and belief. This veri?cation is made subject to the penalties of 18 554904, relating to unsworn falsi?cation to authorities. INSP INSPECTION MECHANIC NUMBER STAT NAME CITY I CERTIFICATION EXPIR CANCEL RECERTIFICATION MAIL DATE CHK CANCEL 1 SAP DUE DTE--11304 MECH TWA 8R SUSP RN LTR DT- RN EMISSIONS: CERTIFICATION EXPIR CANCEL. RECERTIFICATION MAIL DATE -- DUPS-- EMIS DUP DATE- RN LTR IND- EMIS RN STICKERS PRINT STATION NUMBER SYSTEM INQUIRY STICKER NUMBER COUNTY NAME - ALLEN ECKARD IST ADDR- 2ND ADDR- CITY- - - - -- ZI CODE- COUNTY- - - 67 YORK - STOP CODES RECD TYP--LM LICEN CLAS--C SEC OL CHK 0L EXPIR 01/09/12 SUSPENSION: SAFETY EMISS IONS RESTORE i EFFECTIVE DATE SUSPEN TERM- - - -- - INSP I I y.s I I MECHANIC NUMBER STATION NUMBER X099 STICKER NUMBER STAT NAME CITY STAT BUS STAT TOT TOT SAFETY AUDIT 01/10 SUSP IM APPT IM SUSP IND MAIL MAIL MAIL MAIL STICKERS PRINT COUNTY APPT AUTO REPAIR BLACK ROCK ROAD ZIP YORK OWNER SUSPENSION: SAFETY EMISSION RESTORE EFFECTIVE DATEHH SUSPEN I -: ram?u; Him- hu- INSP I I MECHANIC NUMBER STAT NAME CITY CERTIFICATION EXPIR CANCEL RECERTIEICATION MAIL DATE CHK DIGSHMEC CANCEL IND 1 SAF DUP MECH 8R SUSR RN LTR RN EMISSIONS: CERTIFICATION EXPIR CANCEL RECERTIEICATION MAIL DUPSH EMIS DUE RN LTR EMIS RN PRINT STATION NUMBER I I STICKER NUMBER COUNTY NAME --BRANDON ALLEN ECKARD IST 2ND ZIP YORK RECD SEC OL EXPIR BIRTH SUSPENSION: RESTORE EFFECTIVE SUSPEN STOP LICEN 0L CHK DIGHH 01/09/16 01/08/87 SAFETY EMISSIONS 353.! . .. a. Fir" LVIN nzz?sgb?r WHEELS 31:0"53 - I 3F 3:255 LASTDAYOF LB ?39" moi-am YEAR - DATE 4" U. ?T?Ti0ila?m j. MECH SIGNATURE Liif?rsa M30 i .. .nmy a . 1' A I Madam-3w ?nmj m. u. knw' . 7?5 ?I'W-wgw ham .. . - . COMMONWEALTH OF . .- Check one for Ear f; SEE INSTRUCTIONS ON DEPARTMENT OF TRANSPORTATION I. I- - 1 REVERSE SIDE 13.3: FULLER 3- ac hype 0 AMER INSPECTION RECORD Inspection Semi-Annual . .3. 3:33 -. - 5'3 A Station Number County CHARGE FORIINSP. STICKER c051? RECORD ALL PASSENGER CARSJRUCKSI 3-4 . ANDBUSES 3 l? 3 0.9-7 Yuk 42,00 BEBE. 31% a DAT NAME VEHICLE NUMBER -37 53.? . NW we mu ?aw-430 - . 8 ?4 :s WORK ORDERA cm ?7 INSURANCE COMPANY NAME EXP ATE Mogmm CURRENTODOM 5? If a 8.30 (14/ Tommg? RM rim M. NAHUM 3 12 b2. 1654 . INBRA BAT RE STRA rs NAME VEHICLE 10ENT1FICAT10N NUMBER 03? GIBTRAUONR "51-5: "?15 5:37 . . .uuyv aim5/3. Tommi WORK cm co NTY 1NSURANCE COMPANY NAME EXP ATE 0L0 -7-. 04?" . Ham aw Ric/x2 lb ?i4 mam: DATE elf-m El mw'qt. VEHICLE IDENTIFICATION NUMBER BRODY 09- REGIBTRATIUNA 73 '1 71" 4? Thing/L 41-53%} 9/ A?m/m :5 HCM (9397 Ha? 3&5 Lidi- TOTAECOST cm COUNTY EXP ow ODOMETER CURRENTODOM 4 a {a Ethande H?mm w: Vim; US Fl 74 fig/U f0/l'2. 1N NAME VEHICLE NUMBER YRRAANEJBODY REGISTRATION a? 11(58/6341 Hang, BMW 5/ ?sea-a: ,9 . WORK ORDER :3 cm co n? INSURANCE BBWANYNNUE EXP BATE OLD ODOMETER CURRENTODOM STEGIEIEQO 3455 aft/y I 0 fwafwwj? Hazy?me 532:? ff} ?07 '6 65/; 2?45 . 91-0 IN RA 6A1 NAME VEHICLE NUMBER .g'tgzigri:J (/55 Rand?! :67?ng ?mc. TM. 304 6739/3 .4 - WORK omERi cm coum EXP-DATE 0L9 000M359 CURRENTODOM 3&0?356 $1 9.5" A Hamm DJ, WNW m] 955607 M3?Wsme DATE REBWNA VEHICLE NUMBER . .00 GISTRATLONM V213 v, Va; "f 5 52mm 49,1 M?c aim, TX xvym/ +16? 5 43 cn'v asyN?T/v WSURANCECOMP YNAME EXP DATE OLDODOMETER ?WaaggoEQf? ?ff?Wth Hmm?h . m..w.m Mow BL ?aw 4/6 4? a?mwmm 6&1 - INSPA NAME VEHICLE IDENNHCARBNNUMBER YRIMAKEJBODY 0 ff?? . . .1 ?ft! r? 4? 107ml? MJLuf/w? mm )Frnrauw 9N FM 5w Mm 2333 - E3 J9 cm COUNTY INSURANCECOMP YNAUE EXP ATE OLDOUOMETE CURRENTODOM ST E35 3 TOW-COST Ham91:: BEE NAME VEHICLE NUMBER REBISTRATIUNA if ?Ta, ?25? )q/a?J/U is? Emm- .9025! Us. gab/m 5w 3 ?8 '1?3'58 WORK BRBERA COUNTY INSURANCECOWANY NAME EXPDATE CURRENTODOM ?10 ?70 lfa) f?s?i??m MB. #6?me Van-<6 My PM mm ?b??hhcl 23 5?4 BATE NAME VEHICLE NUMBER YR: REMEDY 75? 3:51" 31"" ?g {5?Ru r-?Ar: /9 7 3/4 19? .1 001.01% ll. COL 9/9 5' LL) ?mpo?sg ~73. ?r 3?8 waf?es-r NORKORBERA CITY co NAME EXP TE cum OMETER CURRENTODOM $EENEITEH tomb 41.} 4 Mix 3237/}! VP *4 INBPA BATE: NAME NUMBER xii-?5 #0 Nani 774 790090-15? $235: .3 1-35: 23.531 incl 1:535?- cm INSURANC BUMBANYNAME ow ODOMETER CURRENTODOM BL 31 a Hamva .53 Tu: 70855 gn?l?g?ig? mum/O Al. TOTAL NUMBER OF SUBJECT VISUAL ANTI-TAMPERING FAILURE TOTALS To THE VISUAL ON THIS 2 Record Totals For All Blacks Marked mm A DRIVE EAN Vehicle Emissions Inspection Maintenance May 15, 2012 Certified Mail 7011 1150 0002 4628 4406 Subject: Departmental Hearing To Dennis J. Wonder Wonder?s Auto Repair 2758 Black Road Hanover, PA 17331 From Gail Koch A Departmental hearing has been re-scheduled for June 18, 2012 9:00 AM. The hearing will be held at: Emissions Team 979 East Park Drive Harrisburg, PA 17111 (717) 565-7500 At the time of the hearing, you may present the testimony of any witnesses having information pertinent'to the violation (3) in question. If you prefer to have a hearing with an official from please call (717) 565-7500 at least 3 business days prior to the hearing date above to request your hearing be rescheduled with a representative. Once your request has been made, will notify you of the new date, time, and location of your hearing. Directions From 83 North Take the Union Deposit Road, Exit #48 Make right at the traffic light - Stay in the right lane Turn right at the traffic light onto East Park Drive Straight at next Traffic light 979 East Park Drive will be on the left (located in the, one story Verizon building) From 83 South Take the Union Deposit Road, Exit #48 Turn left on to Union Deposit Road at off ramp traffic light Continue straight through next traffic light After traffic light, merge into far right lane Turn right at the traffic light onto East Park Drive Straight at the next traffic light 979 East Park Drive will be on the left (located in the one story Verizon Building) PET 5-01 979 East Park Drive, Harrisburg, PA 17111 v1.1 0180/04 .E??unher?e Rum LEE-pair - Foreign and Domestlc Car Service - State Inspections - Malor and Minor Repairs - Reasonable Prices - Inspection Invoice mm {is 05.. Rows Turned - Hanover. PA TO 1 - iri' DATE- rut/9? {/27 _1 Z: 113,. pagan-u esecapnon UNIT PRICE Tom, INSP (if. ?3 1/5: _Brakes . _j gag. 'f/J ?fty; g} . '3 53;? 6-0 Tlres 1/ e?ue TOTAL TAX TOTAL . X099 HEARING FINDING OF FACTS: The following items listed on the Hearing Letter were covered: Faulty inspection, of equipment or parts (2002 Nissan Frontier VIN-1N6DD268XZC3I9656, stickerii A12-0360842) and imprOper record keeping. The 2002 Nissan Frontier 19656 was brought to Wonders Auto Repair 013 X099 on 102%} for a safety inspection. Inspector Wonder OLN -as well as Brandon Eckard OLN-vere observed looking at the passenger side rear brakes after tire and drum were removed. After visually looking at brakes, no measurements were taken and the safety inspection ended and safety sticker it was affixed to the vehicle by Inspector Wonder. (See Attachment A?l) The 2002 Nissan Frontier had the third brake light out and was set to fail the in5pection. (See Attachment A-2) Inspector Wonder stated to this hearings examiner that he did look at the brakes and the ball joints on the drivers side when it was jacked up, and he thought he did check the lights. He stated he hardly uses gauges anymore because after so many years inspecting he can eyeball things. When questioned by this hearings examiner as to why the right rear brakes were the only item he inspected for safety, and why no headlight aimer was used, he stated he usually does use a headlight aimer and he did not know why this time he didn't, it must have been an off day and he Wasn't thinking. He stated he was wrong in not road testing the vehicle, and he usuallyjudges the tire depth with his because he has been doing it for so long. When questioned why he did not look underneath the vehicle or look under the hood of the vehicle, he stated he knew it had no exhaust leaks when the vehicle was pulled into the garage, and he said that he had no reason for not opening the hood. He stated that he did not know why he did the inspection like he did. He said that he was diagnosed with cancer in October of 2011, but treatment for the cancer started this year. When questioned by this hearings examiner whether he felt he was capable enough to do the inspection on 10:27:01 he stated yes I was capable in October because my treatments had not started yet. This hearings examiner showed Inspector Wonder the W431 sheet pulled from his station (See Attachment that shows 10) inspections performed by Dennis Wonder on 1007111. When questioned how he recorded the tire measurements as 882 and brakes LF SB, and RF4IB without measuring them, he stated he justjudges. This hearings examiner told Inspector Wonder that 10 inspections at least because only one was pulled from station, was a large number of inspections to perform in a day, and all of the inspections had the same total cost, with no repairs. When questioned whether he inspected all the vehicles according to regulations as he recorded on his Mil-431 sheet, inspector Wonder stated yes he did, and the 2002 Nissan Frontier was the only vehicle on 10227111 that he inspected incorrectly. Brandon Eckard OLN -tated that he was just trying to help out Dennis Wonder who was going through cancer. When questioned whether Inspector Wonder was capable of doing inspections correctly in October of 2011 he stated yes he was because he had not been receiving treatments in October. He stated he did not know why the inspection of the 2002 Nissan Frontier was not inspected properly. Attachment A-l (Safety Sticker it A12-0860842 affixed to 2002 Nissan Frontier VIN-1N6DD263X2C319656 Attachment A-2 Picture of inducement of third brake light cut on 2002 Nissan Frontier) Attachment W431 Sheet from X099 Wonders Auto Repair for safety inspectiou on 10l27t?11 of the 2002 Nissan Frontier aux Mic/r HEARING SIGNATURE: Ga? 1 Koch DATE: 6-18-12 I (1-91) Station Name Station is corporation,?? partnership? individual Station Authority (Put none, if fails to appear) Wonders Auto Repair Dennis I Wonder OIMAXO 99 COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION Hearing DatefTime Mechanic Hearing Type: Safety June 18, 2012 9:00 AM. Emissions (If mechanic hearing oniy) Address 2753 Black Road Road Hearing Examiner: Gail Koch? (Please Print) City/State/zip Hanover, PA 17331 Insp. Station Sup. Covert Date of Violation 10/27/11 Present for the hearing: (If those required fail to appear, state so after name) David Wanner Covert Manager Pet Name Title (For Whom Testifying) Dennis James Wonder Station Authority/Tech Station Name Title I (For Whom Testifying) Brandon Allen Eckard Technician Station Name Tide (For Whom Testifying) Name Title (For Whom Testifying) TO BE COMPLETED BY CENTRAL OFFICE NOT WRITE IN THIS SPACE No Action Final Department Action: Impose a Sanction Type of Violation(s) by Station: Sanction(s): CONCURRENT CONSECUTIVE TOTAL SANCTIOMS) Violation(s) by Mechanic: Sanction(s): CONCURRENT CONSECUTIVE TOTAL 3 DEPARTMENT AUTHORITY: DATE: (Signature) X099 NOTE: READ THIS STATEMENT TO. THOSE IN ATTENDANCE BEFORE PROCEEDIN G. This hearing is an informal Departmental hearing, which we are conducting pursuant to Departmental regulations, 67 Pa. Code Section 175.5 1 as a result of alleged violations of the Department's inspection regulations. This hearing is not an administrative proceeding subject to the Administrative Code. These proceedings may not be transcribed. Strict rules of evidence do not apply, and all relevant evidence will be considered. Therefore, objections will not be heard. . The State Trooper or Garage Inspector will present his evidence ?rst. Then, the station owner andlor the manager and the mechanic may present evidence. Next, I will ask questions of the trooper, the mechanic, the manager and/or the station owner. We have allotted _one Minutes! hour/?two hours for this hearing; so, please be brief David Walmer Covert Manager read into the report dated 10/27/1 l. MECHANICS TBSTIM 0Ny; Brandon Allen Eckard! Basically why I did what I did is because Dennis Wonder is going through Cancer now, and I was just trying to help out that is all. I have never been to a hearing before." - 015a! . X099 STATION OWNER 0R TESTIMONY: Dennis James Wonder -- I did look at the brakes, and I looked at the ball joints on the drivers side when it was jacked up, and I pulled the right rear wheel off, checked them and they were good did not see anything bad back there. As far as the gauges for them I hardly use them anymore. When we put the back wheel back on, as far as the lights I thought I did check them. This is all I can really say abouti MITIGATING EVENTS. IF ANY: DJ 018?? X099 INFORMATION FROM OWNER (IF OWNER IS DIFFERENT PERSON THAN MECHANIC) James Wonder 1. Are you normally present at the business when inspections are being performed? Ifnot, do you designate someone to act in your place and if so who? Yes. John Phillips is in charge when I am not there. 2. Were you present at the time of these alleged violations? If not, was anyone designated to be in charge, and if so, who? Yes- 3. Did you or your designee know that the actions taken by the mechanic may have constituted a violation of the inspection regulations?YeS- 4. Were you or your designee aware that the alleged violations were occurring and if so, why did you allow them to occur? DQR'tknow. 5. Did you have any policies or procedures in place at the time of the alleged violations that should have prevented this from occurring, and if so what were they? No. 6. What steps, if any, have been taken to prevent an incident like this from occurring in the future? Check out everything a lot more thorough, use the tools and gauges no matter what you know or think you know, road test every one. 015" X099 INFORMATION FROM MECHANIC (IF MECHANIC Is DIFFERENT PERSON THAN OWNER MECHANIC it I. Is the owner normally present at the business when inspections are performed? It not, does he designate someone to act in his place and ifsu Yes he is normally present, when II: is no! there Iolm Phillips a fiend ofDennis who also works at smilml is in charge. 2' Was file ownel 0! his regular designs: present at the lime ol'lhese alleged violations? If not, was anyone designated to be in charge, and if so who? lost Dennis \'ms present. 3. Did you know that the actions you were taking as a mechanic may have constituted a violation oflhe inspection regulations? why did you proceed? yes. I don't who: to say. I wunled ll) help Dennis out. All Was owner, manager or designee aware that the allegedvviolalions were occurring and if so, why did they allow are," own-7m, I am not Dennis so Idcn't know why 5. Did the instructions given by the owner or his designee contribute to the alleged violations? If so what were mg insimcnonsylaiendon get started with the emissions 6. Were ally business policies or procedures in ploee a! the thue orthe alleged violations? Would these policies or have prevented this alleged violation? If so what were Ihey? No. I What steps, ifany>> have been taken to prevent this from occurring in the future? I guess first thing is going to school tor my emissions license and eheslr out all the vehicles conic in now. CONSIDERATION OF POINT ASSESSMENT IN LIEU OF SUSPENSION STATIONNAME-.- I . .. . IF Authorizing SignatureiDate A __nmu Reason Evidence of proper supervision has not been demonstrated by the station ownerlrnanager (failed to - ilt?tiriilglu .. . iEvidence of proper supervision of inspection activities has not been demonstrated by the station 'emerimanesettm a -. .. .. . . gwneriManagerynabie _tp establish if supervisiqu was provided at the time of I _Qg/Wg ?9 .lThe..sta?en The station ownerimanagegtlad knovnedgehome violationts). ,_Inegtajongwnerfmanager is responsible for_proper inspection record keeping. Evidence does not indicateuowner! manager reviewed inspection records that nail?d .- __?Ihgeyigngeindicates that the station owner/m anager should have had Ills ?echarlic?who commited the access to certi?cates of inspection.? {The mechanic who committed the violation(s) was in charge of the inspection activities at the time the . . The station ownerlmanager is responsible for ensuring that all personnel are property certi?ed to m. at.? . .. . . "The station owner/manager is responsibie for reporting changes affecting the station or discontinuance __eiiztsiness- . Other (specify):