The URL can be used to link to this page

Home My WebLink About00-08810 ~ .~, -w._. J 1 I" : l ..; - , (,~_J.i _ ~ ~,'"~,, "~)- r DEl.: ~ 820m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES Plaintiff CIVIL ACTON - LAW V8. No.:~ OF 2000/26M JOHN B. BACKENSTOES t/a J & D AUTOMOTIVE Defendant APPEAL FROM SUSPENSION OF INSPECTION STATION PRIVILEGES ORDER AND NOW, this tf<. 9-t/J day ofDecember.'h,,,,.., , 2000,'1:flf:l:j, a hearing de novo of defendant's appeal from the suspension of inspection station privileges is scheduled for WEe/.. TZl. :L1,200I,at .J:tJcJ p .M.inCourtroomn~ber S-- , / Cumberland County Courthouse County Courthouse, I Courthouse Square, High and Hanover Streets, Carlisle, Pennsylvania 17013-3387. ALL PROCEEDINGS TO STAY IN THE MEANWHILE. Uw;qdF C/c(f)~_ f\ '.f\~ L~ ~.O\\ J' ~~ ~~-,'0'j-";;~; ~l~ . '"".,-~, ''r',7'. TM""T 'f, ,- - ,,~, - ,,":~'"'" '", "", P'1 Il!!Ii'i!'U~'l-~~ ",~I,,,.."'f =_'=4 -=._~ ~~' d', "..,-,.,-"" --,~'~,~' ., jmTlf1Ti' U",'J '"'j 'J dh'-~ ....::: ',': (). (I r hlJ l.." . ~ "'U~i:,r.--, 1...,; l\fidti"iL .~:\,~'; 1':OUi\rrv PENNSyCV!~IA ' , ,~ . ,~=;~",~~_~.~lffj~'l.\li;)~W-"rrr""f~'''-5i')l'-';;''?1~-",~~ljM:(i~~~~1~;rn\!~q'W-i'ljW~~~~, ~~ U J~ ~I, -: "',, "__I ",.<;,_. ~ n._. .-Hi. '. "~'-i' .J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEffiCLES Plaintiff CIVIL ACTON - LAW vs. No.: 0-0- ~~ I 0 OF 2000/2001 JOHN B. BACKENSTOES t/a J & D AUTOMOTIVE Defendant APPEAL FROM SUSPENSION OF INSPECTION STATION PRIVILEGES STATUTORY APPEAL FROM INSPECTION STATION LICENSE SUSPENSION NOW COMES, JOHN B. BACKENSTOES t/a J & D AUTOMOTIVE, by and through his attorney, Philip L. Zulli, Esquire, and files this appeal from the suspension of his Certificate of Appointment as an Official Safety Inspection Station, pursuant to Section 4 724(b) of the Vehicle Code: 1. John B. Backenstoes possesses a Certificate of Appointment as an Official State Inspection Station, number N-685, in the name of J & D Automotive, located at Susquehanna Avenue and Enola Road, Enola, Cumberland County, Pennsylvania, 17025. 2. J & D Automotive has been an Official State Inspection Station since about 1999. 3. By Official Notice dated and mailed November 30, 2000, the Department of Transportation suspended John B. Backenstoes's Certificate of Appointment as an Official Inspection Station for two (2) months for faulty inspection and two (2) months for improper record keeping, and directed that the suspensions be served consecutively for a total suspension of four (4) months. 5-u z.~)"t fA-. 4. The suspensions are scheduled to be effective forty days from November 30, 2000. . ,~I-l ,I , ',' - ," - '" -,-I ~i-'-",: -,-' ~d'-i"<', =',,_ ~_ .~,;, 5. The suspensions are not supported by fact or law. 6. John B. Backenstoes will suffer serious economic loss without due process and an opportunity to be heard if the suspensions are not stayed pending appeal and final determination of the case on the merits by this Honorable Court. 7. Undersigned counsel telephoned and consulted with counsel for the Department of Transportation, Matthew X. Haeckler, December 27, 2000, and is authorized by him to represent to this Court that the Department does not oppose the granting of a supersedeas pending appeal. WHEREFORE, Defendant John B. Backenstoes, t/a J & D Automotive invokes his statutory right to appeal the suspensions and requests this court to stay imposition of the suspensions pending a trial de novo before this Honorable Court. Respectfully submitted .-- ~' , -,;,,-,,-,..1 , ." ~, _j , ,1- . ~ . ,. , ,c,o,' _ -....;i, ~ " _ - , ,. ---..~"" ,,_~- -, , _ -,' . ~ -;;:-~- ". COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 1 7122 Mr. John B. Backenstoes J & D Automotive Services O.I.S. #N685 Susquehanna Avenue and Enola Road Enola, PA 17025 (Opr. #17-740-888) Vehicle Inspection Division P.O. Box 68697 Harrisburg, PA 17106-8697 Phone (717) 787-2895 STATION #N685 CERTIFIED MAIL: 7000 0600 0021 8559 9938 MAIL DATE: November 30, 2000 '.._-"--''''= --'---. ~-,'-'-_.-_.~' -,.-_.~----.---- .-..----~--~.------.,._~- " ...."" 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 at your station during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended for two (2) months for faulty inspection on a Blazer (sticker #AIO-5265144) and two (2) months for improper record keep- ing. Further, the Department is including in this offense, the lesser included offense of careless record keeping. The suspension(s} will run concurrently x consec- utively, for a total suspension of four (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 40 DAYS FROM THE MAIL DATE OF THIS ORDER. At the end of .the 40 days, you are ordered to surrender to the Qua 1 ill .A@J.l;r.;mge QfJii;:e;t;... -~-".------wht:r-ci:tr-a -:tepresenCatrveof€he. Department o.f 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 Qua~ity Assurance Officer for reap- pointment. A complete and thorough investigation may be conducted to determine if you are qualified for reappoint- ment. .;----.-~;,.:.-. CONTINUED ON NEXT PAGE (Page 1 of 2) t''J. H I t3 (-r + !::d WelLe!: 10 000;:: VI1I ''':>(1 0l'lS1606L 1L .(tl XI:I.::I 53;) I ri3S 3ri IlOWOlrn:l (j'8f WO~.::I , _I ,.Ji ;." .,',', ,. - - ,-"'~. ~ '" -'_l'_' , " 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 (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 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 ~._.~-~-'-- ~ - I>d Wd80:t0 000c t>0 'oaa OOSt606L lL Sincerely, ~~ Kurt Myers Director Bureau of Motor Vehicles .--..--------'-- --_.~~--~-_._. '_.- - ,...-----,,~ , 'ONX\:l.:l S3JIt"l3S 3i'lI!OWOlfltJ (1'81' ~.:1 ~ ~, ,,,d , '._1 " J;,;J -.I . c; ~_ , ""'h ,..:- \;...:-,' ~, ",t" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEillCLES Plaintiff CIVIL ACTON - LAW VS. No.: OF 2000/2001 JOHN B. BACKENSTOES tla J & D AUTOMOTIVE Defendant APPEAL FROM SUSPENSION OF INSPECTION STATION PRIVILEGES CERTIFICATE O,F SERVICE I certify that I am serving a copy ofthe foregoing Appeal upon the following party by United States First Class Certified Mail, return receipt requested, on the date specified below: Department of Transportation Chief Counsel's Office Riverfront Office Center 11 01 S. Front Street, 3'd Floor Harrisburg,PA 17104.2416 150 I North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 DATE: December 27, 2000 >>.. . oil I., , ~. '~'_ ~ V',_~~"" 'hlUp I. lulU, Isqulre (717) 23B . 9004 Law 49ffires of 'kilip L.lulU, Isqulre 15tl111orth 'rollt Strut ltllrrisburg, 'tllIlSYWlllIia 1711)2 fax (717) 238 - 9010 IlmDlhg ,. Ktalln8, Isqulrt (717) 234 . 5911 ~ October 23, 2000 Mr. Harold H. Cramer Assistant Chief Counsel Vehicle & Traffic Law Division Department of Transportation Riverfront Office Center 11 0 I South Front Street Harrisburg, Pennsylvania 17104 Re: J and D Auto Services Confirmation on attorney taking notes at departmental hearing Dear Harold: I want to thank you for taking time from your schedule to receive me on September 25, 2000, although I did not have an appointment. I also want to thank you for your prompt reply to my inquiry about the inspection hearing examiner's refusal to let me take notes during the course of the departmental hearing that day. I was quite hot under the collar at the time and had assessed the hearing examiner's refusal to let me take notes as outrageous. As usual, you were calm and collective and I was reminded of times past when I was the beneficiary of your sage counsel. Thank-you. For the benefit of my client and future occasions, I wish to confirm that you investigated my inquiry, agreed with my assessment, and advised me that an attorney for an official inspection station or mechanic may take personal hand-written notes during the course of a departmental hearing. I understand and acknowledge that this does not include an audio or visual recording or a stenographic record of the hearing; such recordings are not permitted. Again, thank-you for your courtesy, and I apologize for my previ9us insensitivity and bad attempts at hwnor at your expense. Very truly your~ d ~~o cc: John Munafo, Manager, Vehicle Inspection Division Chris Singer, Manager, Field Operations Cindy Cashman, Hearing Examiner J & D Automotive Services 1-877-TRUKLAW 1-877-4-CARLAW Zulli@msn.com 1-877-878-55Z9 1-877-4ZZ-75Z9 ~~~II""-jii;JT"5i'm~~::AWii?~~il'<Mf.Ji:~~~',~~"',_.d:""",,,'r':~$Ii;1ti,Ii~1lWAifv~ q?Dj? ~ ~. - ~ B\ -=t ~ 9-> ry -D "" '" '!lIUti,qjt'il.-:"'~'~~~;Ili,,,,,j{'li!l'~' : ,L' --<1. C7 .Y df .s::.~ VI 019~ . G ~ (] - o f:: 1)(~", t:fjh'~.' ~'"t-. ~c'('>! C'J ' .r::s .~~' ,,'.. ~',./ ::!:~>' ~(-..., .... ~_ ('~~ ~. I) ""'''[:>1 .> - ~."') :F ;.., .;::-.. f j <;:, <:) ~'::1 It.. ~-')' '\j oS? ."-' eJ ." ^"', , """~~"''' . . o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYL VANIA COMMONWEALlH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEffiCLES Plaintiff CIVIL ACTON - LAW vs. Nos.: 00-8810 Civil II' 00-8811 Civil JOHN B. BACKENSTOES APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES AND JOHN B. BACKENSTOES t/a J & D AUTOMOTIVE Defendants ORDER AND NOW, this d- / sf day of February, 200 I, Defendant's Unopposed Motion for Continuance is granted. The hearing de novo scheduled for February 21,2001, is rescheduled for FA-:"j I11AIl./Ja ~,2001,at ItJ; tJd ~. M.inCourtroomnumber .5 Cumberland County Courthouse County Courthouse, I Courthouse Square, High and Hanover Streets, Carlisle, Pennsylvania 17013-3387. Edward E. Guido, J. .. 1t :,:~ ~-, , . .Le.'. , ~ ~~ r," " ~,__..111~ .,~. l~_ _ ~x_'~_'~r~"~~~rrn ~~, - ~".. ~ -~ -~ ".ill'._" ~ .<.,,,,,,,,, ",,- _M",,;--,,".,~V;C,"= -. -~~ ~, """"'-'''''''ij',,,,m:t,,,. '"1-''' \",ti1 'j-tJ '-J -I (J'i ,.." > _ I , I" __ ~. . :~' I"' , " n t -i l: t~ . ,'Y d, i _, '--,-,-1 .',_\'! ' (:("i\ I\\,rt-'! l..Ul" ., I' /"'j ,:-) .-'",....1 ,I, , ,1';:::;::N";'lr'VL'\ll'.l\jlfi Pc l'i\:)! 'fr\ Ii:. IImJl.: "~i!~"'lt41~",""'%~~^_",~_"",~_~~]jJ,, ~_ JJ ~ .ill I" L I ,'. " . .. =~~". ...~/ ...i "'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES Plaintiff CIVIL ACTON - LAW vs. Nos.: 00-8810 Civil 00-8811 Civil JOHN B. BACKENSTOES APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES AND JOHN B. BACKENSTOES t/a J & D AUTOMOTIVE Defendants UNOPPOSED MOTION FOR CONTINUANCE NOW COMES, John B. Backenstoes, individually and trading asJ& D Automotive, by and through his Attorney, Philip L. Zulli, and requests a continuance of the hearing de novo and in support thereof states as follows: I. The Department of Transportation suspended the mechanic certification of John B. Backenstoes and the Certificate of Appointment of John B. Backenstoes trading as J & D Automotive on November 30, 2000 and timely appeals were filed December 27, 2000. 2. On December 29, 2000, this Honorable Court scheduled a hearing de novo, for February 21, 2001, at 3:00 P. M. in Courtroom Number 5. 3. Subsequent to this Court's order, undersigned counsel was requested by the Pennsylvania Independent Automobile Dealers Association to participate in an educational seminar for used car dealers regarding the proper manner of conducting "AS IS" sales to consumers to be held in Cranberry Township, Pennsylvania at 4:30 P.M., February 21, 2001. 4. Undersigned counsel, who is familiar with the consumer protection laws and regulations, and PennDOT requirements regarding the :lale of vehicles, believes that his participation in this seminar would be in the public interest and he would be participating pro bono (aside from being provided dinner and overnight accommodations). 5. Also subsequent to this Court's order scheduling a hearing, undersigned counsel was notified of an Arbitration Hearing in Philadelphia on another civil case that is scheduled for February ~.Il:kl- " ~"'M ~. I .' ";::11 I ~ ,-I "_, "" ' - =~'''''~4'1'''j~,"-,"''- ~- ~ 21,2001, at 10:30 AM. 6. The Philadelphia case has been pending since April 2000; was previously continued several times, and was then remanded from the Court of Common Pleas to Arbitration and a continuance of that long outstanding matter is not welcomed by the parties or the Court, but settlement negotiations are ongoing, although the parties are currently far apart. 7. If the Philadelphia case is not settled, undersigned counsel is able to arrange for substitute counsel to handle the Philadelphia matter. 8. Due to undersigned counsel's extensive knowledge of the laws and regulations regarding the "AS IS" -sale of vehicles in Pennsylvania, substitute counsel is not available for the educational semmar. 9. Undersigned counsel has conferred with counsel for the Department, Elaine Blass, and she does not oppose the Court granting a continuance. 10. Undersigned counsel and counsel for the Department have conferred regarding their respective schedules and the following dates are currently not available due to other court dates or the unavailability of the Department's witness: February 15, 23, & 27, March 1, 2, 5,6,8,20,26 & 27 and April 13 and 26, 2001. WHEREFORE, Defendant respectfully requests that the Court continue the hearing now scheduled for February 21,2001, at 3:30 P.M., to another date and time. R"""",",,,y wOrn:'" ~ h'I' Z 11.'Efr " P lip . U 1, sqUire Attorney ill No.: 47499 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 ~" .. TIO ""II _I ,~';l, " llliBUl'.---.:. rr-' ... l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYL VANIA ,r.: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEIDCLES Plaintiff CML ACTON - LAW vs. Nos.: 00-8810 Civil 00-8811 Civil JOHN B. BACKENSTOES APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES AND JOHN B. BACKENSTOES t/a J & D AUTOMOTIVE Defendants CERTIFICATE OF SERVICE I certifY that I am serving a copy ofthe foregoing Appeal upon the following party by United States First Class Mail, return receipt requested, on the date specified below: Elaine Blass, Assistant Counsel Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3'd Floor Harrisburg, P A 17104-2416 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 DATE: February 14, 2001 ",I ,1,1 '" ,:.( _ _.1 _ ;.-. ',.<- ' ~ -\, <"", C' -,' , Siiiillii~.ab.,_' Jr. t, j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEAL m OF PENNSYL VANIA COMMONWEALm OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES Plaintiff CIVIL ACTON - LAW vs. Nos: 00-8810 Civil 00-8811 Civil JOHN B. BACKENSTOES AND JOHN B. BACKENSTOES t1a J & D AUTOMOTIVE Defendant : APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES ORDER AND NOW, this CJ3J. day of March, 2001, upon reviewing the attached Stipulation of Settlement between the Parties, the Stipulation is accepted and adopted as part of this Order, and the above docketed matters are hereby consolidated for disposition. The Certificate of Appointment of J & D Automotive as an Official Safety Inspection Station and the Mechanic Certification of John B. Backenstoes are sU$pended for two months for faulty inspection and two months for improper record-keeping. Said suspensions shall be served concurrentIv for a total suspension of two months, rather than consecutively as originally ordered by the Department. The Department shall reinstate the suspensions on or before April 6, 2001. Commonwealth of Penneylvania I)I!n.r!ment nfT,.n~oortalion Hon. Edward Guido, J. C~'f\l~ ()3-J..&-OJ RXS MAR 21 2001 OI-'F1CE OF ..,:H1EF COUNSEL ~ ~._~,","~.J_ ' ^ I 1:._ ~: ..I -,<-. -.. _C~ , .'1 '.,'1' .;''-' iJ - 'l:~j: /fI . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEmCLES Plaintiff CIVIL ACTON - LAW vs. Nos: 00-8810 Civil 00-8811 Civil : JOHN B. BACKENSTOES AND JOHN B. BACKENSTOES tla J & D AUTOMO'tIVE Defendant : APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES STIPULATION OF SETTLEMENT NOW COME the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, Plaintiff, by and through its attorney, Elaine Blass, Assistant Counsel, AND John B. Backenstoes, individually, and trading as J & D Automotive, by and through his attorney, Philip 1. Zulli, Esquire, and hereby stipulate to settle the above captioned matters in accordance with the following terms: 1. By Official Notice dated and mailed November 30, 2000, the Department of Transportation suspended Mr. Backenstoes's mechanic certification for two (2) months for faulty inspection and two (2) months for improper record keeping, and directed that the suspensions be served consecutively for a total suspension offour (4) months. 2. Mr. Backenstoes filed a timely appeal which was docketed with this court at No. 00-8810. 3. By Official Notice dated and mailed November 30,2000, the Department of Transportation ,~ ;,.J_ -'--:1 ":;,,',,',,-' 'l - , h_ " _ ~ ~~"'~ ,.. . suspended John R Backenstoes' Certificate of Appointment as an Official Safety Inspection Station for two (2) months for faulty inspection and two (2) months for improper record keeping, and directed that the suspensions be served consecutively for a total suspension of four (4) months. 4. Mr. Backenstoes filed a timely appeal which was docketed with this court at No. 00-8811. 5. The Parties agree and request the Court to consolidate the two Appeals for disposition. 6. After assessing and discussing the relative merits of their respective positions, the Parties have agreed to compromise and settle both docketed matters. 7. Instead of the suspensions being served consecutively, the parties agree that the suspensions of Mr. Backenstoes' inspection mechanic and station privileges shall be served concurrently, for a total suspension oftwo months. 8. The Parties additionally agree that the Department shall reinstate the suspensions on or before April 6, 2001. 9. In agreement and stipulation to the foregoing terms, the Attorneys of Record for the Parties affix their signatures below. ~~ March 22, 2001 Elaine Blass, Assistant Counsel Motor Vehicle Section Office of Chief Counsel Department of Transportation Riverfront Office Center-Third Floor 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 (717) 787-2830 Philip L. Zulli, Esquire Attorney for John Backenstoes 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004