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Home My WebLink About00-01708 .- . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LEGGETT MOTORS v. NO. 2000 - /707 C-W;:.ii J..Io.-"- COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : Defendant CIVil DIVISION (LICENSE SUSPENSION) ORDER AND NOW, this~~ay of March, 2000 upon consideration of the Appeal of Leggett Motors, from the suspension of its Certificate of Appointment as an Official Safety Inspection Station, a.d.!: Il.QYQ. hearing is scheduled for the~day of ~, 2000, a18:Jg'c1oc!Jl.m. in Court Room No. 5" of the Cumberland County Courthouse. A supersedeas is granted pending the hearing. ~ h _'~.7 ~rP If ~ r-g. ~~ (J.) Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LEGGETT MOTORS v. NO. 2000 - /7{)f ~ 1.....- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL DIVISION (LICENSE SUSPENSION) APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION AND NOW, comes the Plaintiff, Leggett Motor's ("Leggett"), by its attorneys, McNees, Wallace & Nurick, and says: 1. Plaintiff is Leggett Motors, a Pennsylvania Corporation with its principal place of business at 200 North Walnut Street, Mechanicsburg, PA 17055. 2. Defendant is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. On or about March 20, 2000 Leggett's was handed an Order of Suspension of its Certificate of Appointment as an Official Safety Inspection Station, by a representative of the Pennsylvania Department of Transportation. A true and correct copy of the notice is attached hereto as Exhibit" A" . 4. The Order stated that Leggett's privileges were suspended for a period of one (1) year and four (4J months as a result of "inspection by uncertified mechanic" (four months) and "fraudulent record keeping" (one year). 5. The Order does not reference the vehicle, upon which the inspection was performed. 6. Upon serving the suspension notice, the Department's representative confiscated all the safety inspection stickers in Leggett's possession as well as its Certificate of Appointment. 7. Leggett was not given prior notice of the suspension, nor was it given a reasonable opportunity to obtain a Supersedeas. 8. Leggett is in the business of inspecting and selling vehicles. 9. Leggett has been greatly prejudiced by the lack of due process and will suffer irreparable harm due to the suspension, if a Supersedeas is not immediately granted pending appeal, as Leggett is in the business of operating a state inspection station. 10. The suspensions of one year and four months for ''''inspection by uncertified mechanic" and "fraudulent record keeping" are improper as Leggett did not engage in nor permit such conduct. 11. Leggett appeals this suspension to the Court of Common Pleas pursuant to 75 Pa. C.S. ~4724(b), and requests that a Supersedeas be granted pending a hearing on the merits. 12. Counsel for Leggett has contacted Barbara A. Darkes, counsel for the Department of Transportation and is authorized to state that the Department has no objection to a Supersedeas being granted pending a hearing on the merits. Respectfully submitted, McNEES, WALLACE & NURICK B~ Lawrence R. Wieder, Esq. 1. D. No.1 6707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Plaintiff Leggett Motors Date: March 20, 2000 rIAX-~0-~e e~:06 PM SPRNKEYS -(&6034& COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 17122 March 20, 2000 Mr. Donald B. Leggett Leggett Motors 0.1.8. #2707 200 N. Walnut Street Mechanicsburg, PA 17055 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby notified that your Certificate of Appointment as an official safety inspection station is suspended, pur- suant 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 will be suspended,zor four (4) months for in- spection by uncertified mechanic by Jason Bonner, Opr. #23-438-765 and one (1) year for fraudulent record keeping by John K. Dolan, Opr. #16-210-329. Further, the Depart- ment is including in this offense, the lesser included of- fenses of improper record keeping and careless record keeping. The suspension(s) will run concurrently X consecutively, for a total suspension of one (1) year an~four (4) 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 De- partment of Transportation, your Certificate(s) of Appoint- ment and all safety inspection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Officer for re~- pointment. A complete and thorough investigation may be conducted to determine if you are qualified for reappoint- ment. CONTINUED ON NEXT PAGE (Page i of 2) '" ( S'HI\\on OPV EXHIBITnA" P.E:'lZ ,j ~ ~ . j 1.IHr.:.~"'::Id-\:;.II~-:L :'fo::.1i;> t-'r'l - SP~NKE'y:5- 7&66;:;;46 p~e~ CONTINUED FROM PREVIOUS PAGE (Page 2 of 2) You have a right to appeal this departmental Order of Sus- pension to the Court of Common Pleas of the County in which the above referenced inspection station is located WITHIN THIRTY (3D) 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 SUSPENSION.~ In order for your privileges to be re- ~ stored 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: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 ,. Sincerely, ~_.~~ -;;..~'- _.tJ1 Kurt J. Myers, Director Bureau of Motor Vehicles " . t . . CERTIFICATE OF SERVICE AND NOW, on this 20th day of March, 2000 I hereby certify that I have served a true and correct copy of the within document, via fax and first class United States mail, postage prepaid as follows: Barbara A. Darkes, Assistant Counsel in Charge Motor Vehicle Section PA Department of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 Barb Tomassini, Manager Inspection Station Processing PA Department of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 McNEES, WALLACE & NURICK ~ By: Lawrence R. Wieder, Esq. I.D.#16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Plaintiff Leggett Motors LEGGETT MOTORS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant NO. 2000-1708 CIVIL TERM ORDER OF COURT AND NOW, this 10t~day of May, 2000, by agreement of the parties, Plaintiff's appeal is withdrawn. The Department is rescinding the suspension for fraudulent record keeping and replacing it with a two month suspension for improper record keeping and an additional four months to run concurrently therewith for inspection by an uncertified mechanic. The improper record keeping offense shall count for purposes of enhancement of future offenses for only one year from the effective date of the suspension which shall be June 1st, 2000. By 'he~ Edward E. Guido, ~J. Cop~. . Lawrence R. Wieder, Esquire For the Plaintiff ~-lt(7() AK3 Barbara A. Darkes, Esquire For the Defendant :lfh )-/ r }e; \' '- U ~,f' t ~v f ~ ~ ~. ~ CY ll.r l ~