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Home My WebLink About09-8695 Philip L. Zulli, Esquire Attorney ID No.: 47499 155 Grandview Road Hummelstown, Pennsylvania 17036 (717) 566-8585 (717) 566-2373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA CIVIL ACTON - LAW DEPARTMENT OF TRANSPORTATION : BUREAU OF MOTOR VEHICLES Plaintiff VS. No.: "'yf U ?// Robert Michael Best, individually and and t/a Best Auto Sales & Service : APPEAL FROM SUSPENSIONS OF : SAFETY INSPECTION PRIVILEGES Petitioner : (STATION'S APPEAL) STATUTORY APPEAL FROM ORDER IMPOSING SUSPENSIONS OF CERTIFICATE OF APPOINTMENT AS OFFICIAL SAFETY INSPECTION STATION NOW COMES, Robert Michael Best, by and through his attorney, Philip L. Zulli, Esq., and files this appeal from the suspension his Certificate of Appointment as an Official Safety Inspection Station pursuant to Section 4724(b) of the Vehicle Code: 1. Petitioner Robert Michael Best is a citizen of the Commonwealth, residing in Cumberland County, Pennsylvania. 2. Petitioner is the sole owner of Best Auto Sales & Service, an official Safety inspection station with the assigned number of X746, located at 6493 Carlisle 4 Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. By Official Order dated and served on November 20, 2009, the Department of Transportation informed Petitioner as follows: Pursuant to departmental regulations, your certificate of appointment will be suspended for two (2) months for improper recordkeepmg (inspector failing to sign MV431 book or work order, MV431 brake and tire ratings do not match work orders) and two (2) months and until produced for failure to produce records, certificate of inspection, signature cards, certificate of appointment, or mechanic card upon demand by inspection station supervisor or authorized representative of the department (records missing for inspection stickers A17-5324141 through A17-5324160; A17- 6305321 through A17-6305390 and A17-6305401 through A17-6305410). The suspension(s) will run consecutively, for a total suspension of four (4) months and until produced. The suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. THE SUSPENSION XML BE EFFECTIVE December 22, 2009. See attached Exhibit A. 4. The suspensions will place Petitioner out of business and he will suffer financial hardship inasmuch as his inspection station is his sole means of livelihood. 5. The suspensions are not supported by fact or law, because the Petitioner has a computer record of all required records and the failure to produce the paper record was due to a printer failure. 6. Undersigned counsel is not interposing this appeal for the purpose of delay, because undersigned counsel believes the appeal is supported in good faith 7. Petitioner reserves the right to raise other issues of fact and law, as subsequently discovered. 8. Petitioner 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. 9. Undersigned counsel spoke with PennDOT counsel and PennDOT does NOT oppose the granting of a stay. WHEREFORE, Petitioner Robert Michael Best of Best Auto Sales & Service invokes 2 his statutory right to appeal the suspensions and respectfully prays this Honorable Court for the following relief: 1. That this Honorable Court immediately stay impsition of the suspensions pending a trial de novo before this Honorable Court. 2. That Petitioner's appeal from Suspensions be sustained. Respectfully submitted, December 15, 2009 Philip L. Zulli, Esquire Attorney ID No.: 47499 155 Grandview Road Hummelstown, Pennsylvania 17036 (717) 566-8585 9 pennsyLVania DEPARTMENT OF TRANSPORTATION R M Best Best Auto Sales & Service-OIS#X746 6493 Carlisle Piave Mechanicsburg, PA 27050 Vehicle Inspection Division Post Office Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2895 STATION: 7746 CIrRTIF1ED MAIL: 7004 2510 0001 4164 8919 MAM DATE: November 20, 2009 ORDER OF S lv TA.TX N You are hereby notified that your Celifieate of Appointment as an Official Sak-tty Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station droning the suspension. Pursuant to Deparaouemtal regulations, your Certificate of Appointment will be suspended for two (2) months for improper record keeping (inspector failing to sign MV431 book or work order, MV431 brake and tire readings do not match work orders) and two (2) months and until produced for failure to produce records, certificate of inspection, signature cards, certificate of appoimtmeat, or mechanic card upon demand by inspection station supervisor or authorized representative of the Department (records missing for inspection stickers AI7-5324141 through A17-5324160; AI7- 6305321 through A17-6305390 and A17-6305401 through A17-6305410). The suspension(s) will run consecutively, for a total suspension of four (4) months and until produced. This suspension is to rim consecutively with any other suspension(s) imposed by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE December 22, 2009. At this time, you are ordered to surrender to the Quality Assurance Officer, who is a• representative of the Department of Transportation, your Certificate(s) of Appointment, and all safevty 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 arc qualified fir 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, WIT>TN TI .TX (30) DAYS OF THE WJ11.. DATE OF THIS ORDER. If you do file an appeal, a signed and time-stamped copy of the appeal must be served upo» the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY TIN 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 Departownt at the mailing address IRW below. MAILING ADDRESS: Sincerely, Department of Transportation Chief Counsel's Office ox, /st.+ Riverftnt Office 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 1717-7872895 VERIFICATION The undersigned having read the foregoing Appeal from Suspensions and Fines and states that the facts and language within are true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code (relating to unsworn falsification to authorities). priad &4W 4 Robe Michael 13est, for himself and as Owner, Best Auto Sales & Service December 15, 2009 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CIVIL ACTON - LAW DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES Plaintiff vs. No.: Robert Michael Best, individually and and t/a Best Auto Sales & Service APPEAL FROM SUSPENSIONS OF Safety INSPECTION PRIVILEGES Petitioner (STATION PRIVILEGE) CERTIFICATE OF SERVICE I certify that I am serving a copy of the foregoing Appeal upon the following party by personally delivering a copy today's date to the offices of Matthew X. Haeckler Assistant Counsel, Office of Chief Counsel Department of Transportation Riverfront Office Center-Third Floor 1101 South Front Street Harrisburg, PA 17104 &- 00'Ar. '34. Philip 9. All quire Attorney ID o.: 47499 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 (717) 566-2373 (Fax) DATE: December 17, 2009 v.? T,?,RY OF TNF pF:?Tl ri 2009 DEC 17 PH 2: 2 3 q ti C'/ L( . 11 r DEC 17 2009 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA CIVIL ACTON - LAW DEPARTMENT OF TRANSPORTATION : BUREAU OF MOTOR VEHICLES Plaintiff/Respondent VS. Robert Michael Best, individually and t/a Best Auto Sales & Service Defendant/Petitioner APPEAL FROM SUSPENSIONS OF SAFETY INSPECTION PRIVILEGES (STATION'S APPEAL) ORDER AND NOW, this /6 CAL day of December, 2009, a hearing de novo of Petitioner's appeal from imposition of fines and the suspensions of his certificate of authorization as an official Safety inspection station is scheduled for 0,4- ? a , Ar, at /? . M. in Courtroom number , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. The Department shall immediately stay the suspensions of Petitioner's Certificate ofAppointment as an Official Safety Inspection station pending final determination by the Court. BY THE COURT _tWtnbution: .?Wip L. Zulli, Esq., 155 Grandview Rd., Hummelstown, PA 17036-Petitioner Counsel /Matthew X. Haeckler, Esq.,1 iverfront Office Center-Third Floor, 1101 South Front Street, Harrisburg, PA 17104-Department Counsel ?a. vy ?It _,, 7. ? Tyr ?.?r;?-?.,t??h;??,?? Y?r ? ?4? ? r`. ROBERT M. BEST, individually, and t/a BEST AUTO SALES & SERVICE, Appellant VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8695 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, : Appellee APPEAL FROM SUSPENSIONS OF SAFETY INSPECTION PRIVILEGES ORDER AND NOW, this Y' day of March, 2010, hearing in the above-captioned matter set for March 2, 2010, is continued to Thursday, May 6, 2010, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ess, P. J. /Philip L. Zulli, Esquire For the Appellant /C;hristopher Johnson, Esquire For PennDOT :rlm -a t7'n =c - + U1 i r co 5 rn CO -< 4 op 11E 2010 APR 28 PH ?: 05 Philip L. Zulli, Esquire Attorney ID No.: 47499 155 Grandview Road Hummelstown, Pennsylvania 17036 (717) 566-8585 (717) 566-2373 Zullina,msn.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA CIVIL ACTON - LAW DEPARTMENT OF TRANSPORTATION : BUREAU OF MOTOR VEHICLES Plaintiff VS. No.: 09-8695 CIVIL Robert Michael Best, individually and and t/a Best Auto Sales & Service : APPEAL FROM SUSPENSIONS OF : SAFETY INSPECTION PRIVILEGES Petitioner : (STATION'S APPEAL) UNOPPOSED MOTION FOR CONTINUANCE NOW COMES, Robert Michael Best, t/a Best Auto Sales & Service, by and through his attorney, Philip L. Zulli, Esq., and files this Unopposed Motion for Continuance, and in support thereof avers as follows: 1. This matter is currently scheduled before the Honorable Kevin Hess for trial de novo 11 a.m., Thursday, May 6, 2010. 2. On Wednesday, April 21, 2010, undersigned counsel for Petitioner met and -OW 41 discussed the merits of this case with Counsel for the Department, Christopher Johnson, while undersigned counsel was at learned counsel's PennDOT office on another matter. 3. Counsel for the Department agrees to a continuance of this matter until some day late in June, 2010, but before July 2010, (when his wife is due to deliver their first child) to give the parties the opportunity to resolve this matter, and failing that to secure necessary witnesses for the hearing. 4. Counsel for the Department does not oppose this Motion. WHEREFORE, Petitioner respectfully requests that this Unopposed Motion for Continuance be granted and this matter continued to a date in June, 2010. April 28, 2010 Respectfully submitted, Philip L. Zulli, squire Attorney ID No.: 47499 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 2 A a~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CIVIL ACTON - LAW DEPARTMENT OF TRANSPORTATION : BUREAU OF MOTOR VEHICLES Plaintiff VS. No.: 09-8695 CIVIL Robert Michael Best, individually and and t/a Best Auto Sales & Service APPEAL FROM SUSPENSIONS OF Safety INSPECTION PRIVILEGES Petitioner (STATION PRIVILEGE) CERTIFICATE OF SERVICE I certify that I am serving a copy of the foregoing Unopposed Motion for Continuance upon the following parry by fax and United States First Class Mail, postage, pre-paid to the office of. Christopher Johnson, Assistant Counsel, Office of Chief Counsel Department of Transportation Riverfront Office Center-Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 Fax: 717-705-1122 '** 349, Philip .2 ' squire Attorney ID o.: 47499 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 (717) 566-2373 (Fax) DATE: April 28, 2010 PLIED- Or r'?F THE 2010 OR 29 °h 2: 03 C!. ;"V-- THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA CIVIL ACTON - LAW DEPARTMENT OF TRANSPORTATION : BUREAU OF MOTOR VEHICLES Plaintiff/Respondent VS. No.: 09-8695 CIVIL Robert Michael Best, individually : APPEAL FROM SUSPENSIONS and t/a Best Auto Sales & Service : OF SAFETY INSPECTION : PRIVILEGES Defendant/Petitioner : (STATION'S APPEAL) ORDER AND NOW, this A9_4 day of April, 2010, Petitioner's Unopposed Motion for Continuance, to which the Department does not object, is GRANTED. Hearing in the above-captioned matter set for May 6, 2010, is continued until to A '1.4 1J June 2010, at UU M. in Courtroom number 4, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. BY THE COURT _/1/1 A. Hess, P.J. Distribution: Philip L. Zulli, Esq., 155 Grandview Rd., Hummelstown, PA 17036, Fax 717-566-2373 - Petitioner-Appellant Counsel ,,-(!hristopher Johnson, Esq., Riverfront Office Center-Third Floor, 1101 South Front Street, Harrisburg, PA 117104-2516, Fax 717-705-1122 - Department-Respondent Counsel l'ex r-k ?C LCL 'y Q l6 l F;(.f f - - ~ ~,. ~^ '' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING } vs. } ROBERT M. BEST, t/d/b/a BEST } AUTO SALES & SERVICE, OIS #X746 ORDER NO. 09-8695 2~1~Q J~. ~~ €-~:~ ~{: ~A# vCv, r;~ INSPECTION STATION SUSPENSION APPEAL AND NOW, on this L'''"`` day of ~Tc.6,,, 2010, pursuant to the agreement of the parties and in resolution of the above matter, as stated on the record by counsel for the parties at the time and place for hearing de novo, it is hereby ORDERED that the four months' suspension for improper record-keeping and failure to produce records shall be rescinded from petitioner's official inspection station record, and the Bureau of Motor Vehicles shall amend petitioner's record to reflect a warning for the offense of careless record-keeping. BY THE COURT: ~/ A /~ J. '~ Distribution: Christopher J. Johnson, Assistant Counsel, Riverfront Office Center, 3'a Floor, 1101 South Front Street, Harrisburg, PA 17104-2516, (717) 787-2830, Counsel for Department 'Philip L. Zulli, Esq., 155 Grandview Road, Hummelstown, PA 17036-9269, (717) 566-8585, Counsel for Petitioner Copies wta..'1~ ~~aa~~~ 2/~