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HomeMy WebLinkAbout04-4474 Copies Distributed nata ~ _I':f. ol{ lnftlalslL.r-. DALLER GREENBERG & DIETRICH;LdJ" By: Morton F. DaHer I.D. No. 02740 By: Edward Bigham I.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PAl 9428-2060 (215) 836-1100 Ont;rwL 04 - 44"1~ CiUllY~ Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 BRIDGESTONE/FlRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, PAl 7013 COURT OF COMMON PLEAS DAUPHIN COUNTY ~ v. (, COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION NO. 2004-CV -2360.MP"': I;':, AND NOW, this ORDER I (t"'- day of iJ.w C t< j rJ' , 2004, it is hereby ORDERED that Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078's Motion to Transfer Venue is GRANTED. The prothonotary of Dauphin County is hereby directed to forward to the prothonotary of Cumberland County certified copies of the docket entries, process, pleadings and any other papers filed in this action. AUR 2 3 2004- I ::~r:'~;Xi ~r?:j:,;.'~,~,. ',". (.. ':or.?':~,f_~l.',::';','" a tf \.olL (.H.V '", '_ '}i.,l. C....'i-':'~ , un.; L:d,:;;i~(IJ fii~d. r ~,,?:) C!-. /-r)~ Prothonotary J. , Distribution: The Honorable Bruce F. Bratton Beverly J. Points, Esquire, Office of Chief Counsel, 1101 South Front Street, Harrisburg,PA 17104-2516 Edward Bigham, Esquire, Eight Tower Bridge, 161 Washington Street, Suite 900, Conshohocken, PA 19428-2060 Dauphin County ROA Report Case: 2004.CV.2360-MP Current Judge: No Judge Bridgestone Firestone Inc, Firestone Tire && Service Centervs.Commonwealth of PA DOT Date: 8/20/2004 Time: 10:45 AM Page 1 of 1 Date 6/3/2004 6/8/2004 8/9/2004 8/11/2004 8/20/2004 Miscellaneous Petition New Civil Case Filed This Date. Filing: Petition Paid by: Daller Greenberg & Dietrich Receipt number: 0058499 Dated: 6/3/2004 Amount: $104,50 (Check) Plaintiff: Bridgestone Firestone Inc Attorney of Record: Edward Bigham Plaintiff: Firestone Tire & Service Center Attorney of Record: Edward Bigham Appeal of Official Inspection Station Suspension, filed, Daller, Greenberg & Dietrich, by:Edward Bigham, Esq, enters appearance on behalf of Plaintiff. Filing: Petition Paid by: Daller Greenberg Dietrich Receipt number: 0058793 Dated: 6/8/2004 Amount: $104.50 (Check) Petititon for Supersedeas, filed Upon consideration of the Appeal of Inspection Station Suspension, the above matter is hereby SCHEDULED for hearing on August 17,2004, at 8:30 a.m. in a courtroom to be determined, Dauphin County Courthouse, Front and Market Streets, Harrisburg Pennsylvania, Appellant must serve a copy of the Petition for Appeal and this Order upon Pennsylvania Department of Transportation, as required by law, This appeal shall act as a supersedeas to the suspension. see Order filed, copies mailed 6/9/04 Unopposed Motion to Transfer Venue to Cumberland County, filed CaE in file It is hereby ORDERED that Bridgestone/Firetstone, Inc, d/b/a Firestone Tire & Service Center, O.I.S. #5078's Motion to Transfer Venue is GRANTED. The prothonotary of Dauphin County is hereby directed to forward to the prothonotary of Cumberland County certified copies of the docket entries, process, pleadings and any other paper filed in this action, See Order filed copies dis\. 8/13/04 The above action transferred to the Court of Common Pleas of Cumberland County, ....NO MORE ENTRIES CASE TRANSFERRED.... TO THE COURT OF CUMBERLAND COUNTY User: LGARCIA Judge No Judge No Judge No Judge No Judge No Judge No Judge No Judge No Judge Bruce F, Bratton No Judge Bruce F, Bratton No Judge No Judge "US 2 0 200~ I hereby c';;-G</ fOfCijG;ng ~: a \fl~~. aild 00111),:( CD;;:}".., \' U'~ original Q.ffil " ,ili'I" ~ I __~~riw.1A.-1 \.../. ! ' v.~ Protllonotary 'M.ifi. , ~ I"~\ DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaUer I.D. No. 02740 By: Edward Bigham I.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner, Bridgestone/Firestone, Inc. dJ,Q/a Firestone Tire & Service Cen~~. ' O.I.S. #5078 ~'Y~-" ~. ~'O~ ~ ,~", ;e ~" <::,~,'?;., -:~'" \ 0' ~~\.'\ \ '~"- (.,..) n",::_ -0 :s. r::;, .' BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, PAl 7013 _\ (JoJ -( c.J'\ COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION NO. a 004' (v- d 3 (d)- rm NOTICE OF APPEAL TO THE PROTHONOTARY: Notice is given that Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, appeals from the Order of Suspension of Official Inspection Station mailed May 7, 2004. A true and correct copy of the Order of Suspension of Official Inspection Station is attached as Exhibit "A." This appeal is made pursuant to 75 Pa. C.S.A. 9 4724(b), whereby the court shall set the matter for hearing upon 60 days written notice to the Department of Transportation. DALLER GREENBERG & DIETRICH, LLP By: ~ w Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner 2 DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaUer I.D. No. 02740 By: Edward Bigham I.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, 0.1.8. #5078 200 South Hanover Street Carlisle, PA 17013 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEAL TIl OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NO. a 00+ C v- f):;&;O- fYl f ORDER AND NOW, this day of , 2004, it is ORDERED that a hearing de novo shall be held on ,2004, at o'clock a.rn./p.m. in Courtroom , Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania, 17101, pursuant to 75 Pa. C.S.A. ~ 4724(b). BY THE COURT: J. CERTIFICATE OF SERVICE I, Edward Bigham, hereby certifY that a true and correct copy of the foregoing Notice of Appeal was served by first-class United States mail, postage prepaid, as follows: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Edward Bigham Date: June 3, 2004 EXHmIT: A ~y.~' '~04 1:35PM 2599142 NO. 687 P.8 '* COMMONWEALTH OF PENNSYLVAN;IA PEPARTMBNT OF 1'.RANSPOllTATION BAlUUSBtlRG, PA 17t1l4 lUobud CJan: BrId8J1f..'~,"'OJStlI5078 200 S HuIcMIr SInlet CIrIIIIe, PA 17013 Vchil:le TllIpllIlca Dl'IiJicn POll Oftk:c BGII 69003 H'IrrIIbuIJ, PA 17106-9003 PIulnr. (717) 787-28l1S STATlON;5078 CEJ.TJllIED MAIL: 7OO:l1680 0001 06744047 M.tJI, DAft: 05.07-114 opnBR 01' S1lIPDIlIION OJ"OJl1lJ~',INVRCI'I~ STATION YCIIlIl'O bcrcby lIOlf!ed ibat your Ca1lfllllllll of' AJIIlalDlmlDt :15 aD 0l&W SdlEy IaIplCtlIlll StaliClll is IlIllpCIIdcd, )IIQI8II1 to Saatlca 472A C1flbe Vdrielll CoclL No \'tIliaIe IIIIfilty Wpec:dCllls 1Il~ be perfil. ."'Il1.1: )'ClIlr IIllItlon duriqitbelllIJllltlllll. ~ to ~ ~ona,)'OQI' Ccniticuc CIf AppDlnlm.t will be ....pllllded ror _(4) lIIllIIdIltb.r IDlIplICI:ioa byllllUll'litld iIIIpclor(WestJ6y13~Failar Opd 14-109-180). The I1IJII 'l'Iaa(.) win rua Illl\JIlIClIliVDlf, 11I'. tolal ~lillll offllllT (4) 1IK1II1b.. nu ".....OIIP 1110 nllI ~wIy with IllY o~ SIlSpCIIIIIGIl(s) Impaled bytllellllpllrlmeat AlIIIY Yiolalalllllalldnd .....Iy. THE SUSlIN510N WILL BE U'II1C'I1VJI: 40 DAYS FROM THE MAIL DATI: 0' TIllS ORDBR. At the end 1If1ll.. 40'" )'llII ~ dtlkttd ro IlIft'QIdcrto Ille QuIII~ ~ Oftioar. wbo b a .lot-- ,llall.-= ollIle Dc4Ju1mllnt ot'TnnlJlOftatlCII, )'llllI' Cc;tific:la(s) CIf AppaIalm-.1IId aU ..fety inJpCII:IigQ lticIan. Two (2) __ priClr 1D lIIe lllq)irlrioa of'~ I1IQ11111illll, 1UD may contul)'ClllrQaalI" ,,-ce 0ftH:cr fbr nlIpJIOiJlt:rmlt. A llDqIllCe cd Ihorovab 1n1llOldp''- III&Y be coradlxud to dalr:lIIfae It)'llll m qua\lfied fill ~uOllT. You hav.ll1_ ril\lt lO IppIIII thil Dl:plnmcDlaI Ora otSlIlPGIIIiCID lO lbo COIlR of'CornmaI PI_ otlha C_t)' In wbiah the abow rel'enDced ia~ &Wiell illClOllIId, WmnN TIIIR'I'Y (3fI) ))A Y8 011' '1'RI MAIL ])AT! 1)'11111 ORDER. ItyoQ do liJ.. '" appeal, _lIpllllllld ~ cap)' of the .,...1 rmut be --' IIJICIII tbe DepatmenE .1IIe lUiltlla ...., .. u.. beIclw. I'ILJNG OJI AN API'IAL DOllS NOT AUTOMAnCALLY STAY niB SJ)SI'J:NSION. In cmIer III )'ClIlr pcivl1oplO be rO&IOI'OCl pcadlDa....~ all_ Ordor of SupersecIeu ltom tII.. Court d\recli1lJ lhe DIlpIl'IDIcnt III *71be IlIIpeIlIlCllIII" be !IeIlVed \lpOII d10 Dcpanmcnt at thE m.uiq eddreu IiQd ~ow. MAILING ADDRESS= ~ ofTl8IlIpCIrtuklrl CbldCcllultel'IOffic. Rivcrltollt 0.IJlae Ceo. 1101 S rl'lllll Snet, 311 JlIoar Haaisbuq. PA 17104-2416 Sincm:ly, ~- ~~ ,r ~ ' X(1IIt 1. ~ Di-.. BuNa\I of Molar Vtbio1es Sln'iln Copy " 1~ , '. ~'~""C' ;, ''',' J" t",' ""f DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaUer J.D. No. 02740 By: Edward Bigham J.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 ~ -,', <:} 'e: ~ \ <"> ~ ~ .' <& .-( Attorneys for Petitioner, C;:;o Bridgestone/Firestone, Inc. d/b/a<;2-<;:., Firestone Tire & Service Center, y' \;, O.I.S. #5078 -:: BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, P A 17013 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NO. ~004 - LV ~ 8::JdY rn P ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of petitioner, Bridgestone/Firestone, Inc, d/b/a Firestone Tire & Service Center, O.J.S. #5078, in connection with the above-captioned matter. DALLER GREENBERG & DIETRICH, LLP BY.~ Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner ,_,_.J _. CERTIFICATE OF SERVICE I, Edward Bigham, hereby certify that a true and correct copy of the foregoing Entry of Appearance was served by first-class United States mail, postage prepaid, as follows: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104.2416 Edward Bigham Date: June 3, 2004 ~,pies DlstribU~, Date 4 q In!t1111s ~ Ofi1r~ IMAGED BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, : IN THE COURT OF COMMON PLEAS ~ DAUPHIN COUNTY, PENNSYLyt\NlA j Petitioner vs. -'...'."l COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 2004 CV 2360 MP r..; ORDER AND NOW, this L day of June, 2004, upon consideration of the Appeal of Inspection Station Suspension, the above matter is hereby SCHEDULED for hearing on August 17, 2004, at 8:30 a.m., in a courtroom to be determined, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. Appellant must serve a copy of the Petition for Appeal and this Order upon the Pennsylvania Department of Transportation, as required by law. This appeal shall act as a supersedeas to the suspension. ! Bruce F. Bratton, Judge B Distribution: The Honorable Bruce F. Bratton Beverly J. Points, Esquire, Office of Chief Counsel, 1 101 South Front Street, Harrisburg, PA 17104-2516 Edward Bigham, Esquire, Eight Tower Bridge, 161 Washington Street, Suite 900, Conshohocken, PA 19428-2060 ~~~.~ DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaUer LD. No. 02740 By: Edward Bigham LD. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836.1100 '-" ,<':, '''"'1--:0 ~t~ op'\\C"" .- (" l ('J.. .~,rn , c.:J , ,--- .....~,1 Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.LS. #5078 ::i:" iCl ." ~ ..,,,.., BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, P A 17013 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NO. aC04 .Cy- d~ rnP NOTICE OF APPEAL TO THE PROTHONOTARY: Notice is given that Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, appeals from the Order of Suspension of Official Inspection Station mailed May 7, 2004. A true and correct copy of the Order of Suspension of Official Inspection Station is attached as Exhibit "A." This appeal is made pursuant to 75 Pa. C.S.A. S 4724(b), whereby the court shall set the matter for hearing upon 60 days written notice to the Department of Transportation. DALLER GREENBERG & DIETRICH, LLP By: w Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836.1100 Attorneys for Petitioner 2 CERTIFICATE OF SERVICE I, Edward Bigham, hereby certify that a true and correct copy of the foregoing Notice of Appeal was served by first-class United States mail, postage prepaid, as follows: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 z%~ Edward Bigham Date: June 3, 2004 MAY,. 28. 2004 1: 35PM 2599142 NO. 58? P.8 . COMMONWEALTH OF PINNSYLVAN,IA DEPAR1'MJr.NT OF 'I'RANSPORTATION BARRISBmtG, PA1'104 lUoIIud C111'k BrI~lDII""OJS# 5078 200 S He.aover S1nlct CarIIII" PA 17013 Vehicle TnllpllCl.iClll DMJiml ~ OBi"" BOll 69003 HllriIbulJ, PA 11106-9003 PhClll': (71 7) 787-28" STATION; 5078 C!R.TIFIEJ) MAiL: 70CY.l1680 000 I 0674 404'7 MAlL DAft: 05007..04 OPhBR OF stlSRNSlON o,omcv." INSPECTI~N STAUON V OIl aro hereby IIOIfBed ihat yl)llt Cc:rd1k>lm: of' AJIIlOIntmlllt as ID ~ S&roty I!IlJlIldIlIII Stalill1l is ~dc:d, purll\IlUIt to Sactilll1 4724 gf /he Vdllclll Cock:. :No wbiCIIe safelY ~lIIIS lIlay be jo'&' Ib. ....\1 &1;)'OID' I118tion during the IlIJP11l1101l. PursUIIlt to Dep~ J'IIIIIbtions, yoQr Certitl_ of AppolntmClt win be IlIlIplll/.ded for fInlr (4) 1mIIldJe till' iDlpeetiou by llIllIII'lUIed iIlllpKUll' (Westley 13ll8PUl FIIilcrr Opri 14-809-180). The ~.lIII(l) win run _livllly. b'1I tal&llIUIJlaIsiPII offllllr (4) IllllIltbll. l'NIlU8JllllliOD 1810 NIl ~w1y Wllh IllY olh~ su.spCIIIIIIlll(s) Impllled bytbe ~t fiIr my Yiol&l:lCllllXlDlidll'ed .,.~Iy. THE SVSPBNSION WILL BE ErrlC11VE 40 PAYS PROM THE MAIL DATEO.11IIS ORDBR. At the end .,rthe 40 ~. )'01/. UI!: ardci'ed ro _dcno lite Qu&\l~ ANIIt*Ilco Officer. wIlo iI a ......_tatlVll oftbe Department ofTnlneportatlon. )'OUt Certificlre(l) or AppaIIIIm_ and aU 1II.f<<y b1JpC1:1ion .tidccrs. Two (2) w-a prior to the Olq'lrEiOll of)'OW' 1U5J"IIsiOll. )'OIl JIll)' CDII_ )'OlD' Quality ANlII'IIICIt Officer IQr reappolntlnJ!Jlt. A llllIIIplecemd Ihorovah in\U1lPlioa lII&Y be conducted to d=nnlao ltyou are qualified tW reappoiDtmlllt. You have tlte rilht to appeaIlhil Dr:panmcallll 0nSar otSlIlP=slllD 10 tho Court ofCommoa PI.. oflho COI&lt)' in wIlich thnbpw rcferirIced iuspec:rioP 5taIiClII is 1--' WJTIDN Tlfa" (SG) PAYS or na: M.r\Jt. DA T~ Q' THIS ORDER. lf~ cIo flJellll appeal. a Ilped llIId d~plIll DDJlf oftbe appRl mult be III"IICi upon tb! O"""tlAeIIC ~ 1IIemailinlladdl.eullateclbelow.Ii.lLJNG OJ! AN AI'I'BAL DOES I'(OT AUTOMATICALLY ITA Y 'rHI SlJSI'J!:NSION. In order ftII' )'OW' privll.1O be l'OQOCod pcadlq 8Pl*~ . slgae4 Ordor of Supersedeas tom Ibe Court dlnctIlIJ 111_ DepulDtent to ay1belllSJlenIlOllIlll" be served UpOn Ihe DcpaRmml at me llIIdliq eddrr.ss liSlod ~ow. MAJUNG ADDRleS: ~cofTI'lII1~lon CbldCollateJ'. Office Rlverftol1t Ofl'l= Cea. 1101 S froIlt'net, 3. Floor HmisburJ, PA 17104-2416 Sincerely, 411- ~~ ," ~- . ,l(UIt J. MF10 DiraDtar Bul'll\l otMocar Vehlo1es S1nlbn (OPV' " ~ DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Edward Bigham LD. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, P A 17013 Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.LS. #5078 COURT OF COMMON PLEAS DAUPHIN COUNTY ~ .) ,I I'~ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NO.2004.CV-2360-MP C:,' N PETITION FOR SUPERSEDEAS Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, through its counsel, DaUer Greenberg & Dietrich, LLP, hereby moves this court to enter an order granting supersedeas, thereby staying the suspension of the Certificate of Appointment pending a de novo hearing on the appeal and, in support thereof, avers as follows: I. On April 14, 2004, a Departmental Hearing was held concerning whether the Firestone Tire & Service Center, O.LS. #5078, located at 200 Hanover Street, Carlisle, Pennsylvania, should be suspended as an official inspection station based on alleged violations, including one count of inspection by uncertified mechanic Wesley Eugene Failor. 2. On or about May 7, 2004, the Department of Transportation mailed an Order of Suspension of Official Inspection Station ("Order of Suspension") to Firestone Tire & Service Center, O.I.S. #5078, 200 Hanover Street, Carlisle, Pennsylvania. A true and correct copy of the Order of Suspension is attached as Exhibit "A." 3. Pursuant to 75 Pa. C.S.A. ~ 4724, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 has filed a Notice of Appeal from the Order of Suspension of Official Inspection Station. A true and correct copy of the Notice of Appeal is attached as Exhibit "B." 4. The Order of Suspension indicates the suspension will be effective forty (40) days from the mail date of the Order, which would be June 15,2004. As the filing of an appeal does not automatically stay the suspension, and since suspension of the Certificate of Appointment will cause irreparable harm to Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, petitioner seeks an immediate stay of the suspension pending a de novo hearing. 5. Firestone Tire & Service Center, O.I.S. #5078 should be granted a supersedeas for the reasons set forth in the accompanying memorandum of law. 6. This Petition is unopposed. WHEREFORE, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, respectfully requests that the Court enter an Order in the form attached hereto, granting supersedeas and directing the Department of Transportation to stay the suspension. DALLER GREENBERG & DIETRICH, LLP By: ~~ Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836-1100 Attorneys for Petitioner 2 DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Edward Bigham I.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836-1100 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, PAl 70 13 Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION NO. MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR SUPERSEDEAS This memorandum of law is submitted on behalf of Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078, in support of its Petition for Supersedeas. For the reasons set forth below, this Court should enter an order of supersedeas. I. FACTS AND PROCEDURAL HISTORY On April 14, 2004, a Departmental Hearing was held concerning whether the Firestone Tire & Service Center, O.I.S. #5078 should be suspended as an Official Inspection Station. The hearing arose out of an investigation by Richard Boyd which indicated that among other violations, Wesley Eugene Failor, employed as a service technician at the Firestone Tire & Service Center, performed a state inspection although he was not certified to perform such inspections. Mr. Failor then signed the name of another employee, Barry Truett, who was certified to perform such inspections, on the state inspection records. Neither Mr. Failor nor Mr. Truett is still employed with this station. See attached Affidavit of Store Manager Steven Jacobs, attached as Exhibit "C." On or about May 7,2004, the Commonwealth of Pennsylvania, Department of Transportation issued an Order of Suspension of Official Inspection Station directed to Firestone Tire & Service Center, O.I.S. #5078. A true and correct copy of the Order of Suspension is attached as Exhibit "A." The order suspends the Certificate of Appointment as an official safety inspection for four (4) months. Pursuant to 75 Pa. C.S.A. ~ 4724, Firestone Tire & Service Center filed a Notice of Appeal from the Order of Suspension of Official Inspection Station. See Exhibit "B." As the filing of an appeal does not automatically stay a suspension, Bridgestone/Firestone, Inc. hereby seeks an Order of Supersedeas directing the department to stay the suspension pending a determination of this Court after a hearing de novo. II. STANDARD A party seeking a stay of an order of a governmental unit must establish: (I) that he is likely to prevail on the merits; (2) that without the requested relief, he will suffer irreparable injury; (3) that issuance of the stay will not substantially harm other interested parties in the proceeding; and (4) that issuance of the stay will not adversely affect the public interest. Pennsylvania Public Utility Commission v. Process Gas Consumers Group, 502 Pa. 545, 552-53, 467 A.2d 805,808-09 (1983); Tri-State Asphalt Corp, v. Com" Dept, of Transp., 135 Pa. Cmwlth. 410, 420, 582 A.2d 55, 60 (1990). 2 III. ARGUMENT A. BridgestonelFirestone, Inc. Is Likely To Prevail On The Merits The petitioner is entitled to a hearing de novo on appeal from an order suspending a certificate of appointment. See Strick/and v. Com. Dept. ofTransp., 132 Pa. Cmwlth. 605, 608, 574 A.2d I 10, 112 (1990). In vehicle inspection station suspension cases, courts of common pleas are required to conduct a hearing de novo, making findings of fact and conclusions of law independent of the Department of Transportation. Com., Dept. ofTransp., Bureau of Traffic Safety v. Kobaly, 22 Pa. Cmwlth. 46, 347 A.2d 759 (1975). Bridgestone/Firestone, Inc. is likely to prevail on the merits because the Department of Transportation erred by not considering a warning or the alternate penalty of point assessment. The Pennsylvania statute regarding suspension of certificates of appointment allows the Department discretion, specifically stating that the Department "mav suspend a certificate of appointment issued to a station which it fmds . . . has violated or failed to comply with any of the provisions of this chapter or regulations adopted by the Department." 42 Pa.C.S.A. ~ 4724(a) (emphasis added).l Department of Transportation regulation, 67 Pa. Code ~ I 75.51 (b), provides as follows: Assignment of Points. The Department will permit the station owner to consent to the acceptance of point assessment for the station in lieu of suspension, if the station owner, manager, supervisor or other management level employee was without 1 Formerly, the statute provided for no discretion and stated the department "shall" suspend a certificate of appointment. However, the legislature in 1980, amended this section and substituted "may" for "shall" providing for a more flexible standard. 42 Pa.C.S.A. ~ 4724. 3 knowledge of the violation, and should not have known of the violation. (I) The station owner bears the burden of proving that it provided proper supervision of the employee who committed the violation, but that supervision could not have prevented the violation In Stricklandv. Com., Dept. of Transp, , 132 Pa. Cmwlth. 605, 574 A.2d 110 (1990), the Cornmonwealth Court held that the failure of the Department of Transportation to consider the alternate penalty of point assessment in an inspection station suspension case required remand. In Strickland, a vehicle received altered inserts at the station during regular business hours, but the owner had no personal knowledge of, nor participated in, the actions of his employees which resulted in the altered inserts. Id. at 608.609, 574 A.2d at 112. The record failed to indicate that the Department of Transportation considered or offered the acceptance of a point assessment in lieu of the suspensions. Id. at 611,574 A.2d at 114. Accordingly, the Department of Transportation committed an error oflaw when it did not consider the alternate penalty of point assessment. Id Here, there is no indication that the Department considered a warning or the alternate penalty of point assessment in this matter. The Department of Transportation simply sent an Order of Suspension stating that Firestone Tire & Service Center, O.I.S. #5078 was subjected to a four month suspension of its certificate of appointment. Moreover, Bridgestone/Firestone, Inc. is likely to prevail because neither the store manager, nor any other person at a higher level at Bridgestone/Firestone, Inc., knew of Mr. Failor's actions, and Bridgestone/Firestone, Inc. is able to present credible and uncontested evidence that the actions of Mr. Failor occurred despite proper supervision and an excellent training program offered by Bridgestone/Firestone, Inc. 4 B. Without The Requested Relief Bridgestone/Firestone, Inc. Will Suffer Irreparable Injury Without the grant of supersedeas, Bridgestone/Firestone, Inc. will suffer irreparable injury. Pursuant to the terms of the Order, the suspension is to become effective forty (40) days from the mail date of the order. As the mail date of the order is May 7, 2004, the suspension will be effective June 16,2004. Suspension of the Certificate of Appointment as an official safety inspection station will cause Bridgestone/Firestone, Inc. to suffer a tremendous loss of business and income. Not only will Firestone Tire & Service Center lose revenue from the inspections themselves, but also from the sale of goods and services which stem from the inspections. Further, Bridgestone/Firestone, Inc. would lose revenue not only during the four month suspension, it could also lose future revenue well beyond the four month suspension by the loss of repeat customers. C. Issuance Of The Stay Will Not Substantially Harm Other Interested Parties In The Proceeding. Issuance of a stay would not substantially harm the Department of Transportation's interests in the proceedings. Whether the suspension begins on June 16,2004, or at a later date, will not affect the Department of Transportation's interest in the proceeding. Since the Departmental Hearing, Bridgestone/Firestone, Inc. has already taken measures to ensure that no further violations will occur. In that regard, see the June 7, 2004 Affidavit of Steve Jacobs. As set forth in more detail in the Affidavit, Mr. Jacobs has taken several actions. First, he has increased his level of involvement in regard to monitoring the activity at the store. Second, he has taken steps to ensure that only certified mechanics receive work orders related to state inspection. In addition to the steps taken by Mr. Jacobs, the offending employees and store manager are no longer employed at this store. A stay would not harm any interest the Department and Commonwealth have in this proceeding. 5 D. Issuance Of The Stay Will Not Adversely Affect The Puhlic Interest. There are no contentions that the offending employees are likely to continue to disregard the requirements of state inspections. To the contrary, these employees are no longer working at this store. Further, the current manager Steve Jacobs has made changes designed to ensure the current employees do not repeat these violations. Finally, The Firestone Tire & Service Center, O.I.S. #5078 has never previously been suspended or issued points. This is a first offense. In short, the violations are an aberration, not the norm, for this inspection station. IV. CONCLUSION For the reasons set forth below, Bridgestone/Firestone, Inc., d/b/a Firestone Tire & Service Center, O.l.S. # 5078 respectfully requests this court to enter an Order granting supersedeas. DALL~E G & DIETRICH, LLP BY:V~ Edward Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836-1100 Attorneys for Petitioner 6 DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaUer J.D. No. 02740 By: Edward Bigham I.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836-1100 Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.1.S. #5078 200 South Hanover Street Carlisle, PAl 70 I3 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION NO.2004-CV-2360-M CERTIFICATION I certifY that a copy of this document has been served on all parties or their counsel of record. I certify that opposing counsel has advised me that the Petition is uncontested. Argument on the Petition is not requested by the moving party. DALLER GREENBERG & DIETRICH, LLP BY:~~ ~~igham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner CERTIFICATE OF SERVICE I, Edward Bigham, hereby certify that a true and correct copy of the Petition for Supersedeas was served upon the below named by first-class United States mail, postage prepaid, on the date indicated below: David Markowitz, Esquire Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 ~ Date: June 8, 2004 EXHIBIT: _ <( - :0 '.c )( LU Ii - MAY. 28.2004 1: 36PM 2599142 NO.68? P.10 '* COMMONWEALTH OF PlNNftLVANIA DEPUTMENT OP TRA.1'lSJOB.TATION BAlUUIBtlRG, PA InN May 7,2004 West.l1lY BQ8OIlO Failor 0perJI14-80,..180 lU) 2 Box 48 HI,d"- Valley R.d. Loysvilll, PA 17047 (BriIlgeltlmltlFirestOJll>OIS# 5078) 0. IDIpOCtOr. AB a ~oftbe DGlo...l&~~ Il.el!lonApriI14.2004. you are bcreby1lOtified that YOIl.r rigbt to app!)' tbr c:llltificatlon II . Oftioial Sahlty ID8peQtor to inspe<< vchicJea ia suspcndc4 for fuw (4) months effective.1uJ:w 15.2004. Tbfa IGtiDn is taka II a l'CliUIt ofw tb!JowlDg violAtion(.): fi:Jur (4) IOfIJ'tl,. fur ~ by uucertit1ed faspector At ~ expiraeion olyour IUspm~Pa., you may apply fur c:csrtlfloatjou. If yQU haw lIlY qIlestions. plllallc coataat the Ve.bic1e bpoction DivisJoD, Post Office Box 69003, Hanisbut& PA 17106- 9003, Dr~clepbone (717) 787-2895. SinccnlJy, .>; .-, Kurt 1. M~ Director Bureau ofMo1lOl' Vehicles Statbn Copy c:o <::: '.0 '~ uJ EXHIBIT: () DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaHer J.D. No. 02740 By: Edward Bigham J.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PAl 9428-2060 (215) 836-1100 r--> C' '~ (,- ..- . ',~-:: \ c;.) --cl Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078 _....# "0 - ,--..> .' cP ()l BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, P A 17013 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION NO. aOOL[ -C.V'~d3(oO-y1 NOTICE OF APPEAL TO THE PROTHONOTARY: Notice is given that Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078, appeals from the Order of Suspension of Official Inspection Station mailed May 7, 2004. A true and correct copy of the Order of Suspension of Official Inspection Station is attached as Exhibit "A." This appeal is made pursuant to 75 Pa. C.S.A. ~ 4724(b), whereby the court shall set the matter for hearing upon 60 days written notice to the Department of Transportation. DALLER GREENBERG & DIETRICH, LLP By: w Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner 2 DALLER GREENBERG & DIETRICH, LLP By: Morton F. Da11er 1.D. No. 02740 By: Edward Bigham 1.D. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078 BRIDGESTONElFIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, OJ.S. #5078 200 South Hanover Street Carlisle, PA 17013 COURT OF COMMON PLEAS DAUPHIN COUNTY v. COMMONWEAL 1H OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NO. a(XY-l-CV~ ;;)3(dJ-tr7f- ORDER AND NOW, this day of , 2004, it is ORDERED that a hearing de novo shall be held on ,2004, at o'clock a.m./p.m. in Courtroom , Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania, 17101, pursuant to 75 Pa. C.S.A. ~ 4724(b). BY THE COURT: J. CERTIFICATE OF SERVICE I, Edward Bigham, hereby certify that a true and correct copy of the foregoing Notice of Appeal was served by fIrSt-class United States mail, postage prepaid, as follows: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg,PA 17104-2416 Date: June 3, 2004 f1<:lY. 28. 2B04 1: 35PM 2599142 NO.6B7 P.8 ... COMHON'WEALm OF PlNNSYLVAN;IA DEPAIl1'MBNl' OJ' T.RANSPORTATJON' JLt.1UUSBURO, PA 1'1104 aloIIlrd CJIlltc ItIfIlaII1 r'Phc6.,.,.OJ8tI '078 200 S HeacMr SIrr.ct CIr:bIe, PA 1'7013 V_ids ~llD DivUial Po.t Oftice Bar 69003 H'IIrblIlq, 'PA 11106-S00J Pbaac ('117) m-28" STA'J'lON; '078 ~ur.LtIDM'AJL: 700.3 J6I0000J 067044047 MAD. DATI= 1U'1..04 C''''-' OPIP~910J1llCln JNI'~ STATiON Yoq 11'0 lItrcby lICIdfed dIat yQUr ~ 0{ Apr,....I.._I.UIl 0ft!IcW 5IftIly lDlputlaa S/alioQ Is 1IIIfI'IIdcd, pIQIIIIUD SIlllI1IIl472.4 vl'tbo VdIldtlCDdl. N'D\'IIIliQIe IDI:Y ~-1II1IY be "..I\l.~.~ IIl81fon IIariIli tIIolUtfllllllllll. I'InlIIDIw 0..,...111_" 1'94Jl1:1ou. )'llIII' c.itc. '" ApJioIntmct wID be IUIJlIOded for _(4) lIlCIIIIIIafbrlD'llr-.1:icla by'llll-'"lllllDlIPl M.. (Wes1l6y~Faillll'Opri 1......110). ".~. "~wil1tm1 ~r.Jy,"'.IDtalJllllJllftlillloffiur(4)1IIllIIllI.. 1bII. ~ ""IONII Utili ll~ 1IllYDlhQ-~II.(J)I.J dbytb.Daa-bo....Uun1l7YiD1at1a1-,."~ 1lI~. "1111 JIlIPBNSION WILL BE UftC'I'IVS 40 DAYS lIRDM TllEMAlLDATEOF.I.IIIS ORDBJL At the end "'1hc 40 _ )'W-~ lei _.._ fD" ~ ~0f60Cf. wbo IU'lIl-_Mlh. aflll. ~ ofTnnlpllltldllll.)"DIIt Cc,tlficlD(a) rtF .AQ~ r..~..1IId aD ..-1.... .mllD...... Two (2) WMb priar 10 lh" flXIl/r. otywr.llllJ '1"';". JDD Ill" GlllIUt ywr QaalIt,y AAunDce 0ftU:<< tW f1lIIIlIOIlll:IMIt A CIllIIPIIre llIId IhoraIr&b ~ may be "'M"'-" II>> dlIIllnldao ltYllllare qIIIIllW tllr ~.i......""I1' Yea 1\mI1IIelfalltlO appeBI tJriaI Dtoa--III OIdIrafSulpCllulaa fD tIN Court 1IIfCt-,., ~1II1'1_ otdlo C_~ In orbiclllblabow ..6."-'1 IasvWoa IlIIiCIIIIa lOO&IId, \\'JTR1N 'IVDlTY (H) nil Y8 OJ 1'D M.W.. DATI O. 11DIORDD. lr~do "'''II ~allped IlIdllm" 'lIiIJIpdllClllpfoftJa"",_, rmutbe..- upon tile D ~ tIIMIIIll\llll..,...,... ~,_u-l WGw. RLJNO OJP AN APnAL DOa NOT A11'I'OMAnCA.LLY S'l'AY TH8 ~N. In anIIrtlr )'lIIIl' pciYl10p to bo r:mroil 1"".....-.1.<<..- Clrtkr of Supors6cIcII1Iam.... Court dIl...ell.,1IIe Dapa....-lIJ arfMI ~....1iI serVed llpOft die Dcpanmcnt at tII. matllq lIddrIla IIMII below. MA'.~APDR2SI1 D . U1IIleIR~ OIicfCaaIIRI'. 0ftil:I lIv..ft..,.\om.c.ra. 1101 S Frciat Slreat, 3. JIloIlr Haaisblq. PA 17104-2416 Sim:ady. -~ ,to' , , J<1II't1.~~ BaNIlI arMoR Vtllfo1es Staron Copy " EXHIBIT: C.... 21"SE2U5 ~L&Q GREENBEltG 10 l3.41 . m. ua.....,.~.. ~mn.\V1l' OF STEVIcJACOBS 9TATE OF PENN5VLVA.'W\ COUNTY OF DAUPHIN 58 J. S..... JaoobI, bei., 11m dlI1y IWom, dqloIe __ I. 111II o...-lbeop of21, IIl\ lDI4cruo dlaabillty.1Ild 11III compelcnno tatitY lD lbe _1:llIIWucd in lbia aftIUyl~ 1. I make lbls aI\ldIvlt u pat of. wrilteo "",~""," to 110 ~red to lb. C_onweellh ofPalllllylVllllo, DoparImllll of~ in IIlIt1Ierllll]lllOl'l of BridlllIOllo/Pu..m., IDe. '1 polidoo U "'p'ol-\ II !be Dep.-w HIIIinI wblob occurred OIl April 13, ~ III npnllO Briolp"<>IWt'irutooe, ""'. 810... hpcrt Tire SeIYiceo, O.lB. .so78, w!lklIlla loCIUld 11200 a- S1NeI, CIlI\iIIe, PlIIIIIYIv..iL 3. 11ll1_p10y0d U 1IIIl Store M...... by &port TIN 5...i-. , dlviaicm of BridplOlllWPirIIIoae, IDe. 1IIIlh my ltala 100IIlCd in Carlll1t, PIIIIII~IlIIL AI Store M......., 1 wpervilC lbe Bridpdoaao'Flmb:me, IIIc. Store ill Car\1I1a, PlIIlIlylvanio, 0.1.5. 115078. 4. I aUIIIlW!be ~ a.rtaa all Api113. 2004..... wi'" Cbria SlODIII, ^'*.. Disalct MalJa..- for BridpItaaeIPlo......... bu:.,1IId Vie SiInoc'clli. Oilllrlct M_ for ~FInIloIII, IDe. IIIalod It w))epInm.mJ Hoorina tbIIl wouId__ that 011 procccIureI MCleUIly to __ dIlIt IUd! a vlolatioA WOUld not 00CIIl1It lbiJ ltaro opia would be pili ill pl_. I pl'OIIliIad 01\ behalf ofB~, lDc. m tab 1......1IClti0Cl after !be harIDa- 5. SI_ dIa Dlplrtmcnlll HClr\aa.1 bave I<IbD IIuI /bUowI., &OliOD ill npzd to tho __ mllde It tlUl tim, oflbe DepIllaleDlll HIIIlJIa: L 1 baw....niIond !be iaopedlcu JIIW* ill.s.illO l!lISIIfC OOIIIpJillKle, inllIlIdlaa dilly I8>'Iew oftbc _ illlplClioJl book. 11III1 wlU continuo ... do 10; b. J bave mlllle IUI1IlbIt 011_ iDIpacIlonllliGkenlaru keprln . locbd kN:Idoa, IIId ....-....... plnOIIIIlilUpClYilc !be cIia1n'llwion of tbesor lID iDlpeQdOllIllckm; c. Willi die IIIiIrcce OfmylllllllplllClllllllll1, I bave Cl:IS1ltId ihIl 0III:r coniIicd D*IIaDica are lllipllllwnrk 101_10 llatl ~ 11IIII1 will ClOlllinuelO'" so; .., 21583824.6' 0Al..U'R. (JA.EeNee"O Iv."a.c:J ..'". U" ,....."'VV"'I d. I ha.. reviewed the IlCl;eIIily of OIIlur1l11 proof of aotiw iul\ltllllCll wllb tk IIICCbIllIIlIlllbe CadUl. SlOre; e. 1 haw nmedied III atlIor vlalollanl. 6. Allllo tilQe oflbo diacip\iJwy ~ the m.... (4) mechlllricllllllled 01\ lIlo SIIIioIIInv_pti_ RAIplIIt _ no IOI\Pf lmIpIo,ed IlIM CuIlIIa....... Tho_ IIlIlIIlIW It IIlto 110 Ioqer aployed at \Ili.I1Im. l'hUl...u 1hIIllllplo)OCllDvolvllll with IbIoo vIoIIlioIII ""' 1IIl1 iA . pooition 10 repeallllly aflh... violall-. 7. n. lOti.- above desolribed.......1O mUe lie_to olhllr ~ II tM CIrIlsIe 8_ tb.U BriqlllmWFil'1lllOlle, IIIc. will DDt \o1_1AY viollltlatlt of 1lle CanlmoII-.1th ofPawylvllllia'l bu{lacIloD lIlIideUl>oL .. [ IIId SrId.,...,...,PimlOne, Inc. will collllmo: 10 ed_ 0IIJ1I\_ 011 .!IIe iIlIpo<:tloo. procedureI, IllclIO tIIive 10 IIIlIIIIIlI iIlIpecllon auldell".. SWQ/1\1O IIId Subocribed bero..metbls ? day ~~J COMIM)NWiALllt OF ~ - NOTAfllAL lEAL NICOLf L HENRY. NaIIIY PlMc CIdIII 8GnI, c........., c:;. __ c......11I. r __ApIlI11, .....:; ~,'""..". ~- ::' ~ '.~:;..~,.~;;, :: '~;~.. .../~ . \:~Zi:',-<~f) ". 2 Copies Distributed 1late ~ _I':f. ol{ lnftlals/L.r-. DALLER GREENBERG & DIETRICH;hV . By: Morton F. DaIler I.D. No. 02740 By: Edward Bigham LD. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PAl 9428-2060 (215) 836-1100 Ont)~ Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.LS. #5078 200 South Hanover Street Carlisle, P A 17013 COURT OF COMMON PLEAS DAUPHIN COUNTY r"_ ~'.', ~ v. ~"';:'.. ('. COMMONWEALTH OF PENNSYLV ANlA, DEPARTMENT OF TRANSPORTATION .......,~ NO.2004.CV-2360-MP ., ~ , ' AND NOW, this ORDER If t"'- day of ;{jW C t< j q , 2004, it is hereby ORDERED that Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.LS. #5078's Motion to Transfer Venue is GRANTED. The prothonotary of Dauphin County is hereby directed to forward to the prothonotary of Cumberland County certified copies of the docket entries, process, pleadings and any other papers filed in this action. J. Distribution: The Honorable Bruce F. Bratton Beverly 1. Points, Esquire, Office of Chief Counsel, 1101 South Front Street, Harrisburg, PA 17104.2516 Edward Bigham, Esquire, Eight Tower Bridge, 161 Washington Street, Suite 900, Conshohocken, PA 19428-2060 DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaHer I.D. No. 02740 By: Edward Bigham LD. No. 79321 Eight Tower Bridge I 61 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, P A 17013 Attorneys for Movant, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 COURT OF COMMON PLEAS DAUPHIN COUNTY " -o::L fT\- ;r.:;I:, xn )>0 c: :z: --i NO.2004-CV-2360-MP -< v. COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION UNOPPOSED MOTION TO TRANSFER VENUE TO CUMBERLAND COUNTY i,_.i }.,:"- ..... r--> = ""' .r- g G'"> I \$) Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, ~ 'P. Q a'l c:::..'1 ~:.. ~'l \ "1 ~._ <"-f"'IC~:' ,::'--rr', ~."",rj__. o r'\ <. -4(:;)1""1 '17 ~11 0 ';0 -< through its counsel, Daller Greenberg & Dietrich, LLP, hereby moves this court to enter an order transferring venue to the Court of Common Pleas, Cumberland County and, in support thereof, avers as follows: 1. On or about May 7, 2004, the Department of Transportation mailed an Order of Suspension of Official Inspection Station to Firestone Tire & Service Center, O.I.S. #5078, 200 Hanover Street, Carlisle, Pennsylvania. 2, On June 3, 2004, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078, filed a Notice of Appeal and requested a trial de nova. 3. By Order June 8, 2004, this court set a hearing on August 17, 2004. 4. Pursuant to 42 Pa. C.S.A. ~ 933(a)(1)(ii), Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 may bring this action in the county in which the store conducts business. 5. The Firestone Tire & Service Center, O.I.S. #5078 is located in Cumberland County. 6. Accordingly, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078 requests that this matter be transferred to Cumberland County Court of Common Pleas. 7. This Motion is unopposed. WHEREFORE, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, OJ.S. #5078, respectfully requests that the Court enter an Order in the form attached hereto. DALLER GREENBERG & DIETRICH, LLP By: ~ E ward Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Movant 2 Center, OJ.S. #5078, filed a Notice of Appeal and requested a trial de novo. By Order June 8, 2004, this court set a hearing on August 17, 2004. This Motion to Transfer followed. II Issues Presented A. Should this court transfer venue to Cumberland County Court of Common Pleas, B. Yes, III. Legal Argument 42 Pa.C.S. ~ 933 provides: (a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of appeals from final orders of government agencies in the following cases: (I) Appeals from Commonwealth agencies in the following cases: (ii) Determinations of the Department of Transportation appealable under the following provisions of Title 75 (relating to vehicles): Section 1377 (relating to judicial review). Section 1550 (relating to judicial review). Section 4 724(b) (relating to judicial review). Section 7303(b) (relating to judicial review). Section 7503(b) (relating to judicial review). Except as otherwise prescribed by general rules, the venue shall be in the county of the principal place of business of any salvor or messenger service, the location of any inspection station involved, the county where the arrest for a violation of75 Pa.C.S. ~ 3802 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa.C.S. g 1547 (relating to chemical testing to determine amount of alcohol or controHed substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence. See 42 Pa.C.S. ~ 933 et seq. Here the inspection station in question is located at 200 Hanover Street, Carlisle, Pennsylvania. Under the aforementioned Rwe of Civil Procedure, venue may properly be transferred to Cumberland County. 4 IV. Conclusion WHEREFORE, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078, respectfully requests that the Court enter an Order in the form attached hereto, DALLER GREENBERG & DIETRICH, LLP By: Edward Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Movant 5 .. DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaHer LD. No. 02740 By: Edward Bigham LD. No. 79321 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (2 I 5) 836-1100 BRlDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 200 South Hanover Street Carlisle, PAl 7013 v. COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION Attorneys for Petitioner, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.I.S. #5078 COURT OF COMMON PLEAS DAUPHIN COUNTY NO.2004.CV-2360-M CERTIFICATION I certify that a copy of this document has been served on all parties or their counsel of record. I certify that opposing counsel has advised me that the Motion is uncontested. Argument on the Motion is not requested by the moving party. DALLER GREENBERG & DIETRICH, LLP By: Edward Bigham Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Movant CERTIFICATE OF SERVICE I, Edward Bigham, hereby certify that a true and correct copy of the Motion for Transfer of V enue was served upon the below named by first-class United States mail, postage prepaid, on the date indicated below: David Markowitz, Esquire Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Edward Bigham Date: August 6, 2004 1'S. ~~ .~ '- '- ~() ~ ~ ~~ ~ -> ~ "'.: ';:;""Q : 1-' .. ~y b ' -: . , ._~ ,:.1 :,~'. \:;'. , .~--\ .' :-n .. ":C- (r, . <: -:... (...:. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counsel 1101 S. Front St._3rd Floor Harrisburg, P A 17104-2516 (717) 787.2830 Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles BRIDGES TONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER. O.I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2004-4474 v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles MOTION TO SCHEDULE MATTER FOR HEARING The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles (Department), by and through its attorney, David Markowitz, Esquire, respectfully represents as follows: I. By notice dated May 7, 2004, the Department notified Station/Owner Richard Clark t/b/d/a Bridgestone/Firestone in Carlisle, Pa., O.I.S. No. 5078 that pursuant to Section 4724 of the Vehicle Code, 75 Pa.C.S. 9 4724, his Certificate of Appointment as an Official Safety Inspection Station was suspended for four months for inspection by an uncertified inspector (Westley Eugene Failor, Operator # 14-809-180). 2. On June 3, 2004, Bridgestone/Firestone filed an appeal from the suspension in the Dauphin County Court of Common Pleas. 3. On June 8, 2004, Bridgestone/Firestone filed a petition for supersedeas, which was granted by order of the Honorable Bruce F. Bratton of the Dauphin County Court of Common Pleas. 4, Based on the order of Judge Bratton, the Department stayed the imposition of the suspension of Bridgestone/Firestone's Certificate of Appointment. 5. Pursuant to 42 Pa.C.s. S 933(a)(1 )(ii), Bridgestone/Firestone's appeal should have been brought in the county in which it conducts business, Cumberland County. 6. By an unopposed Motion dated August 6, 2004, Bridgestone/Firestone moved for the transfer of venue to the Cumberland County Court of Common Pleas. 7, By order dated August 11, 2004, the Honorable Bruce F. Bratton of the Dauphin County Court of Common Pleas ordered the transfer of venue to Cumberland County. 8. The matter has been docketed by the Cumberland County Court Administrator as No. 2004-4474. 9. This matter has not been scheduled for hearing. WHEREFORE, the Department respectfully requests that its Motion to Schedule Matter for Hearing on the merits of the appeal be granted and that the aforesaid matter be set for hearing at the earliest convenient date. Friday, March 11,2005 avid MarkOWItz Assistant Counsel Atty, ID # 84224 Attorney for Dept. ofTransp, 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney lD # 84224 Office of Chief Counsel 1101 S. Front St.-3rd Floor Harrisburg, PA 17104.2516 (717) 787.2830 Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2004-4474 v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORT AnON Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehic1es VERIFICATION I verify that the statements made in the Motion to Schedule Matter for Hearing are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. , Friday, March 11, 2005 (J/W{ lilLi^ David Markowitz Assistant Counsel Atty. lD # 84224 Attorney for Dept. ofTransp. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counsel I] 01 S. Front St._3rd Floor Harrisburg, PA 17104-2516 (717) 787-2830 Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles BRIDGESTONEIFIRESTONE,INC. d/b/a FIRESTONE TIRE & SERVICE CENTER. O.I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2004.4474 v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion To Schedule Matter For Hearing upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Edward Bigham, Esquire Eight Tower Bridge 161 Washington St., Ste. 900 Conshohocken, P A 19428-2060 Friday, March 1 1,2005 David Markowitz Assistant Counsel Atty, ID # 84224 Attorney for Dept. ofTransp. .. , '1- MAR 1 () 2005( COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counsel 1101 S. Front St.-3m Floor Harrisburg, PA 17104-2516 (717) 787.2830 Attorney for Commonwealth 0 Pennsylvania, Department of Transportation, Bureau of Mot Vehicles BRIDGESTONE/FIRESTONE,INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. # 5078 Petitioner COURT OF COMMON PLE S OF CUMBERLAND COUNTY 2004-4474 v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania Department of Transportation, 8 eau of Motor Vehicles ORDER I 1 ("l '--1""\, _ \ AND NOW, this ,:,lJ day of I \ \\)J'JV" , 2004, upon consideratio ofthe Department's Motion to Schedule Matter for Hearing, it is hereby ORDERED tha a hearing on the merits ofthe appeal be held on the 4 u<. day of ,(:~ 1/11.1 _ ,2005, U at tw ljdU./p.m. in Courtroom No, :A , Cumberland County Courthouse, arlisle, Pennsylvania. ( J. Distribution: l~ward Bigham, Esquire, Eight Tower Bridge, 161 Washington St., Ste. 900, Conshohocken, PA 17104-2516 I ~id Markowitz, Esquire, Office of Chief Counsel, 1101 S, Front St.-3'd Fl., Harrisburg, P A 19428-2060 . I ~ 1tVc 03 . i?T-tJ.5 \f!NVi\1ASM~ld AINnO~) r:}'.l\-nll~qlf\!110 I 0 : II!-1V S2 llVW SOUZ ;'8V1CNOHj(jUd 3Hl ;10 3Ci!:J:iO{l3ll:J -'~ -~-,.-~~~-_..~-- , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counsel 1101 S, Front St.-3rd Floor Harrisburg, PA 17104.2516 (717) 787.2830 Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2004-4474 v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles MOTION FOR CONTINUANCE AND NOW, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, by and through its attorney, David Markowitz, Esquire, Assistant Counsel, respectfully requests that the hearing scheduled in the above referenced matter scheduled for June 6, 2005, be continued and rescheduled as follows: 1. The above referenced matter is an appeal of a four month suspension of petitioner Bridgestone/Firestone, Inc.'s Certificate of Appointment as an Official Inspection Station, O.LS. 5078, for inspection by an uncertified inspector. 2. By Order dated March 23, 2005, this matter was scheduled for a hearing on the merits on June 6, 2005. 3, A necessary witness for the Department, Quality Assurance Officer Richard Boyd, will be unavailable to testify on June 6, 2005. , 4, Counsel for Bridgestone/Firestone, Inc. has been consulted and does not oppose this Motion for Continuance of this matter. WHEREFORE, the Department requests that the hearing on the above referenced matter scheduled for June 6, 2005 be continued and rescheduled with sixty (60) days notice to the parties. Respectfully submitted, Tuesday, May 10,2005 j)~fVl~ David Markowitz Assistant Counsel Atty. ID # 84224 Attorney for Dept. ofTransp. 2 . COMMONWEALTH OF PENNSYL V ANlA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counsel 1101 S. Front St.-3,d Floor Harrisburg, P A 17104-2516 (717) 787.2830 Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRIDGESTONE/FIRESTONE, INe. d/b/a FIRESTONE TIRE & SERVICE CENTER, 0.1.8. # 5078 Petitioner 2004.4474 v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehic1es VERIFICATION I verify that the statements made in the Motion for Continuance are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. D&:~~ Assistant Counsel Atty. ID # 84224 Tuesday, May 10,2005 Attorney for Dept. ofTransp. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counsel 1101 S. Front St.-3rd Floor Harrisburg,PA 17104.2516 (717) 787-2830 Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles . BRIDGESTONE/FIRESTONE, INe. d/b/a FIRESTONE TIRE & SERVICE CENTER, OJ.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2004.4474 v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Tuesday, May 10, 2005 Edward Bigham, Esquire Eight Tower Bridge 161 Washington St., Ste. 900 Conshohocken, P A 19428.2060 D1:.:~ Assistant Counsel Atty. ID # 84224 Attorney for Dept. ofTransp. l-.~ , , u.' ~<... ,\ f") -------- - ,. -----r .. , COMMONWEALTH dF PENNSYLVANIA! DEPARTMENT OF TRANSPORTATION David Markowitz Attorney ID # 84224 Office of Chief Counse 1101 S. Front St._3rd loor Harrisburg, PA 17104. 516 (717) 787-2830 RECEIVED MAY 17 2005 ~(\ Attorney for Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles BRlDGESTONE/FI STONE, INC. d/b/a FIRESTONE TI E & SERVICE CENTER, .I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 2004-4474 v. COMMONWEALTH OF PENNSYL VANIA, D P ARTMENT OF TRANSPORTAT ON Respondent Filed on Behalf of Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ORDER AND NOW, this /q-tl. day of '11\(Q\ , 2005, the hearing scheduled in the above re erenced matter for June 6, 2005 at 2:00 p.m. is continued and rescheduled for the 1M day of ~ jJ fI.1Ml , 2005, at !J. ',0(\ ,tQ.m. in Courtroom Numberd- fthe cum~urthouse, carl', Pennsylvania. BY THE COURT:, ) C.J!{/ J. Distribution: fidward Bigham, Esquir Eight Tower Bridge, 161 Washington St., Ste. 900, Conshohocken, P ~942 2060 David Markowitz, Esqui e, ce of Chief Counsel, 1101 S. Front St.-3rd Fl., PA17104-2516 v' Harrisburg, 0.5 -; q . 05 t~ i] : I: r ilJ 6 1 i', ! SUOZ -)~ ~.', . ~___e"'o'-.- - BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent No. 2004.4474 MOTION TO DISMISS WHEREAS, the Department of Transportation and Petitioner Bridgestone/Firestone, Inc. d/b/a Firestone Tire and Service Center, O.I.S. # 5078, have agreed to the dismissal of Petitioner's appeal of Respondent Commonwealth of Pennsylvania, Department of Transportation's four (4) month suspension of Petitioner's Certificate of Appointment as an Official Safety Inspection Station for inspection by uncertified inspector, subject to the following stipulations: I. The four (4) month suspension of Petitioner's Certificate of Appointment as an Official Safety Inspection Station for inspection by an uncertified inspector is reinstated. 2. Two (2) months credit are to be granted toward s,ervice of the suspension, resulting in a remaining period of suspension of two (2) months. 3. The commencement of the reinstated suspension will be stayed until December 1,2005 and will run through January 31, 2005. THEREFORE, the Department moves that Petitioner's appeal be dismissed and the matter be remanded to the Department for action in conformity with this Order. Monday, September 26, 2005 Respectfully submitted, !?:::..t3~ Assistant Counsel Atty. ID # 84224 Attorney for Dept. ofTransp. 2 o c if r--> g "-'~ (/) r> -;;J " N ..0 ;';:'" -~~l -< -v -::~ Q. =1..,., fn~ :"'9 ::~iQ --,:::. -1'~\ <"40 /_--(0 ,.-<\ ';::"~ ~ o - 0' DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller J.D. No. 02740 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428.2060 (215) 836-1100 Attorneys for Appellant, Bridgestone/Firestone, Inc. d/b/a Firestone Tire & Service Center, O.J.S. #5078 BRIDGESTONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.J.S. #5078 200 South Hanover Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Wlt~ NO.2004-CV.:H6e-MP ANSWER OF APPELLANT BRIDGESTONE/FIRESTONE, INC., d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. #5078 TO DEPARTMENT OF TRANSPORTATION'S MOTION TO DISMISS Appellant Bridgestone/Firestone, Inc. agrees that Department of Transportation's Motion to Dismiss accurately sets forth a settlement reached in this matter and that Motion can be granted by agreement. DALLER GREENBERG & DIETRICH, LLP By: /k-t. "",,-f ~ ~JJ.,..~ - Morton F, Daller Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836.1100 Attorneys for Appellant CERTIFICATE OF SERVICE I, Morton F. Daller, Esquire, hereby certify that a true and correct copy of the foregoing Answer to Motion to Dismiss was served by first-class United States mail, postage prepaid, as follows: David Markowitz, Esquire Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PAl 71 04 .~/L.",~~ ~~?Jf~ Morton F. Daller Date: 6 11 rJ- c 5: ~ 2 ...., = l-:'::::) C..i'1 o -n .--j "']:- h'; c:> c) -l N (.0 (.,.) w -------- - ')... RECEIVED SEP 3 a '^",'; 0 '"'(if' BRIDGES TONE/FIRESTONE, INC. d/b/a FIRESTONE TIRE & SERVICE CENTER, O.I.S. # 5078 Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent No. 2004-4474 ORDER , 2005, upon AND NOW, this -1+-- day of representation by counsel for the Department of Transportation that the Department and Petitioner Bridgestone/Firestone, Inc. d/b/a Firestone Tire and Service Center, O.I.S. # 5078, have agreed to the withdrawal of Petitioner's appeal of Respondent Commonwealth of Pennsylvania, Department of Transportation's four (4) month suspension of Petitioner's Certificate of Appointment as an Official Safety Inspection Station for inspection by uncertified inspector, subject to the following stipulations: 1. The four (4) month suspension of Petitioner's Certificate of Appointment as an Official Safety Inspection Station for inspection by an uncertified inspector is reinstated. 2. Two (2) months credit are to be granted toward service of the suspension, resulting in a remaining period of suspension of two (2) months. 3. The commencement of the reinstated suspension will be stayed until December 1,2005 and will run through January 31, 20~ THEREFORE, it is ORDERED that Petitioner's appeal is hereby DISMISSED and the matter is REMANDED to the Department for action in conformity with this Order. Distribution: Marie H. Kramer, Esquire, DaHer Greenberg & Dietrich, LLP~t Tower Bridge, 161 Washington St., Ste. 900, Conshohocken, PA 19428.2060 David Markowitz, Esquir0"ffice of Chief Counsel, 1101 S. Front St.-3rd Floor, Harrisburg, PA 17104.2516 J. 2 F!LED -C;:r"::C -- OF THE .:DT/jHY 2085 OCT 17 PH 2: 2[,