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Home My WebLink About00-08811 .-'."""'....~.- .'1, . ,.'-l:I, -~ '] .-cL' . .- .j "~-'< J --<c ,- "'- _,0 -", ~., ~ - , ~-. . ~ .... DEe 2 8 2~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEIDCLES Plaintiff CIVIL ACTON - LAW 6-0-8'6/1 ~ vs. No.: gr 2: J nWGl JOHN B. BACKENSTOES APPEAL FROM SUSPENSION OF INSPECTION MECHANIC PRIVILEGES Defendant ORDER AND NOW, this d 9-rA day ofDecemberfiL.__y, 2000/~, a hearing de novo of defendant's appeal from the suspension of inspection mechanic privileges is scheduled for UEc/, h.6. ..2./ ,200l,at .f/3tJ P. M.inCourtroomnumber S , / Cumberland County Courthouse County Courthouse, 1 Courthouse Square, High and Hanover Streets, Carlisle, Pennsylvania 17013-3387. ALL PROCEEDINGS TO STAY IN THE MEANWHILE. Ld'bVA~.E. h'u/~ V. ,J. ~ [ap;~'o -fY1dJJ. / -:J -0 I RX.3 !:lIl ... o. ......' ~."o. ." "-.',' ~F_~.,"~~]f~ __',,,,,"'''''''',,",,, -,,- "- - ~ -.-"~",""-""--" ~ - ~- ~'''''___~',"."",,,,~,,",,'n ,.-". .--",."~ii"---"" "'-,."""'=, "~,""'-j,J",,1-Y -'<c,,,J';;~';;:' -yn ",;\-'.::Tt,,RY "', Hp\ '..,I,j "",',,," -,_, "I . n.) _ /',1" n. ,I: C"'I'''.' ,'. I .< ,I.';"".'.)' ,',,' '\ {"r"I'II"'" ....I\.' l,.)r!jL/'Ll'~:...f' vvU \1 Y j)r.:NNSYI.IJi\f\J1A .,._:~._~,'!";?')\iW~_~g"~\'1ltj'j>."'!""ofl"~1---fIm~'W<'"0'1~~i~"fj'1"-~r;h"'''''''fl1"ff~~!~! - , If ,'- 'bi" - _ ~ _ ~_ _ _, ;;rn~" :J.J. 1,_ Ii. ;-, ",,~, _ " 'j' -L - ." , -: ~.- ^"" i. "' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPAATMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES Plaintift. CIVIL ACTON - LAW vs. No.: 0-0. ~~II OF2000/2001 JOHN B. BACKENSTOES APPEAL FROM SUSPENSION OF INSPECTION MECHANIC PRIVILEGES Defendant STATUTORY APPEAL FROM INSPECTION MECHANIC LICENSE SUSPENSION AND REQUEST FOR SUPERSEDEAS PENDING APPEAL NOW COMES, JOHN B. BACKENSTOES, by and through his attorney, Philip L. Zulli, Esquire, and files this appeal from the suspension of his official state inspection mechanic certification, pursuant to Section 4 726( c) of the Vehicle Code: 1. John B. Backenstoes is an official safety inspection mechanic with the assigned number of 17-740-888, employed at J & D Automotive, Susquehanna Avenue and Enola Road, Enola, Cumberland County, Pennsylvania, 17025. 2. By Official Notice dated and mailed November 30, 2000, the Department of Transportation suspended Backenstoes's mechanic certification for two (2) for faulty inspection and two (2) for improper record keeping, and directed that the suspensions be served consecutively for a total suspension offour (4) months. 5-eR. &h,'i./f A--. 3. The suspensions are scheduled to be effective forty days from November 30, 2000. 4. The suspensions are not supported by fact or law. 5. Backenstoes will suffer serious economic loss without due process and an opportunity to "',,,. ~ L' ,;,J .1 , _ ,;,-_" ~_~. d 'J ,_ ".J "., heard if the suspensions are not stayed pending appeal and [mal determination of the case on the merits by this Honorable Court. 6. Undersigned counsel telephoned and consulted with Matthew X. HaeckIer, Assistant Counsel in Charge, Motor Vehicle Section, Department of Transportation, on December 27,2000, and is authorized to represent that the Department does not oppose the granting of a supersedeas pending appeal. WHEREFORE, Defendant JohnB. Backenstoes invokes his statutory rightto appeal the suspensions and requests this court to stay imposition of the suspensions pending a trial de novo before this Honorable Court. R'_~l1Y"'~. Philip 1. uIIi, Esquire Attorney ill No.: 47499 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 ,--~. ~-_.~. ~w - -,j, d. > u .-, ..,-,-~, 1"_~; A " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 17122 Mr. John B. Backenstoes Opr. #17-740-888 Susquehanna Avenue & Enola Road Enola, FA 17025 (J & D Automotive - OIS #N685) Vehicle Inspection Division P.o. Box 68697 Harrisburg, FA 17106-8697 Phone (717)787-2895 MECHANIC #17-740-888 CERTIFIED MAIL: 7000 0600 0021 8559 9938 "MAIL DATE: November 30, 2000 ,<,,-,,-,>>~,:,""'~~,::?":r;~~:-.""'___'W:'i~~1~1~i:->f~~~~_:;>4<;\,=-.\c"~-~'!"!"!l"':'"~""''''''''''''"' -." - ,.--.. > ... _,'__'... -- _ _== _.....!:S!:!AlI!II_= .'-~ "'-~"'__~_"""_>""""",""c-._~'" = ;:.: ~".~_'_.....__ ORDER OF SUSPENSION OF OFFICIAL INSPECTION MECHANIC You are hereby notified that your certification as an offi- cial safety inspection mechanic is suspended, pursuant to Section 4726 of the Vehicle Code. No vehicle safety in- spections may be performed during the suspension. Pursuant to Departmental regulations, your certification as an offi- cial safety inspection mechanic 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 OATE OF THIS ORDER _ At the end of the 40 days, you ar~de"'e&'te aur"'l'~......''''''''"the -Qtl1rld:L~ A.sSULa,<e<!o .,'-Q1';,Hcer."'--.----...~~ who is a representative of the Department of Transportation; your Safety Mechanic Certification Card. upon the completion of your suspension, your mechanic cer- tification card will be returned to you. CONTINUED ON NEXT PAGE (Page 1 of 2) E')(~,t)l-( It ,d WdSll : ,0 0002: l>0 'O"G OOS,606L,L 'ON XI::I=i S3:lIrs5 3r'l1lOWOJJ1:j G'8f ~ ,.; < ~" ~ =~ . - . >. '"~I ' ;., ,_,"-'.".._. -. '.' - .i' '-", ,. -,'c- ~. " --,>} .JOt' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES Plaintiff CIVIL ACTON - LAW vs. No.: OF 2000/2001 JOHN B. BACKENSTOES APPEAL FROM SUSPENSION OF INSPECTION MECHANIC PRIVILEGES Defendant CERTIFICATE OF SERVICE I certiJy that I am serving a copy of the 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 0 1 S. Front Street, 3m Floor Harrisburg, PA 17104-2416 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 DATE: December 27,2000 __lIIili1d.ci<'l~i,j,",i#i;'-ii&,4hW:*till,"'%~I~~~W'~~'ll!lf.'d%:~c',;-r>;""i4'4Ii"'''',.;ij"fJ,.i,~~:t~ . -~'~~lili"Ilf~~' IJ '~~'~""~. ","""', '" ' .-~~ C:)b\ R FG "'<.:::' . C) Cl 0 e- e, ,,~ -,'1 a13 e:I ~~ 0 ('II C"") '-1;---'-l 8{c:A N ..,. _J iq r-= (5 ~::;{:J --3.--0 ~O -0 .~~:f1 ~ ?\~ ::3;: 0\ ;;>0 ";;'0 C S~ c'5cn z );;! , \ :< c- ~ W :0 (!; -;: . .,.. ~ "" ,.~ , . I "';1 ~"" _""4'"~~~,,::_ .. ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA COMMONWEALTII OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEIDCLES Plaintiff CML ACTON - LAW Ys. Nos.: 00-8810 Civil 00-8811 Civil ./ , . JOHN B. BACKENSTOES APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES AND JOHN B. BACKENSTOES tla J & D AUTOMOTIVE Defendants ORDER AND NOW, this J.15!.~ day of February, 2001, Defendant's Unopposed Motion for Continuance is granted. The hearing de novo scheduled for February 21, 2001, is rescheduled for ~ 23 ,2001,at )().()(J ----'1. M.inCourtroomnumber .5 Cumberland County Courthouse County Courthouse, 1 Courthouse Square, High and Hanover Streets, Carlisle, Pennsylvania 17013-3387. BY THE COURT /sjdJ~ [ siLlo Edward E. Guido, J. l;!iW"" ~'""~.~~ .'. I J I , ,-. ~~ "-'_ll\;>,,- ... . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTII 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 PRNILEGES AND JOHN B. BACKENSTOES tla J & D AUTOMOTIVE Defendants UNOPPOSED MOTION FOR CONTINUANCE NOW COMES, John B. Backenstoes, individually and trading as J & D Automotive, by and through his Attorney, Philip L. Zulli, and requests a continuance ofthe hearing de novo and in support thereof states as follows: 1. 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 sale 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 ~"" I 'Ii I, " ~- ~2"" .., . .. 21,2001, at 10:30 A.M. 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 seminar. 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 211. 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. ~.~~'"~ Philip . Zulli, E~ Attorney ill No.: 47499 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 .....,,' di............-:. - ,~"' ~; i " i -"'-v"~~~''''' .;II' 1- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEAL Tll OF PENNSYL VANIA 1<: COMMONWEALTll OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES 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 of the 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, 3n1 Floor Harrisburg, PA 17104-2416 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 DATE: February 14,2001 , . - I '" AiJI.I' ~_ _r- f.,. i, .. ,~ ' "'.' "' ~j'; 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 vs. Nos: 00-8810 Civil / 00-8811 Civil/ JOHN B. BACKENSTOES AND JOHN B. BACKENSTOES tta J & D AUTOMOTIVE Defendant APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES ORDER AND NOW, this J3J. day of March, 200 I, upon reviewing the attached Stipulation of Settlement between the PaIties, 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 suspended for two months for faulty inspection and two months for improper record-keeping. Said suspensions shaJl be served concurrentlv for a total suspension of two months, rather than consecutively as originally ordered by the Department. The Department shaJI reinstate the suspensions on or before April 6, 2001. Commonwealth of Pennsylvania n~o.rt"'.nt 01 T"o<nortation Hon. Edward Guido, J. MAR 2 1 200t Ot'HCE OF :HIEF COUNSEL , .,.11> "" "~~~, '""",,"., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA 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 AND JOHN B. BACKENSTOES tla J & D AUTOMOTIVE Defendant APPEALS FROM SUSPENSION OF INSPECTION PRIVILEGES ORDER AND NOW, this J3J. 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 suspended for two months for faulty inspection and two months for improper record-keeping. Said suspensions shall be served concWTentlv 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, 200 L Commonwealth of P8nnsylvania f)..o.rtm..ot of T',n<oortation Hon. Edward Guido, J. MAR 2 1 2001 ()"HCE OF :HIEF COUNSEL