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Home My WebLink About12-0274IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CENTER, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant C MM _- r cn Rv CD c r-x r? ` r"•t Docket No. J) - P 7 ? el" a APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION Petitioner, Mechanicsburg Sports Car Center ("Mechanicsburg SCC"), pursuant to 75 Pa. C.S. §4724(b), files this appeal from the Order of Suspension of Official Safety Inspection Station and avers the following in support thereof: 1. Petitioner is Mechanicsburg SCC, a licensed Pennsylvania Official Safety Inspection Station with its principal place of business at 705 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. By order dated January 6, 2012, Mechanicsburg SCC was notified that its Certificate of Appointment to operate as an Official Safety Inspection Station, OIS 03 ASP f j o&o-2 P?';Z 700?5? #T858, was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A." 4. The Order states that Mechanicsburg SCC's Certificate of Appointment as an Official Safety Inspection Station was being suspended for four months effective February 9, 2012, for an alleged violation of careless record keeping. 5. The suspension imposed upon Mechanicsburg SCC is improper, as Mechanicsburg SCC did not engage in the conduct alleged. 6. Mechanicsburg SCC appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. §4724(b). WHEREFORE, Petitioner, Mechanicsburg Sports Car Center, requests that this matter be scheduled for hearing pursuant to 75 Pa. C.S. §4724(b). Respectfully submitted, McNEES WALLACE & NURICK LLC By .?? Petdr K. Baueu I.D. No. 51020 Barbara A. Darkes I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5460 Fax: 717 260-1663 Email: pbauerCaD-mwn.com Attorneys for Mechanicsburg Sports Car Center Dated: January 20, 2012 2 pennsy[vania TO DEPARTMENT OF TRANSPORTATION Tim R. Sprinlde Mechanicsburg Sports Car Center-01S#T858 705 W. Simpson Street Mechanicsburg, PA 17055 Vehicle Inspection Division Post Office Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2895 STATION: T858 CERTIFIED MAIL: 7004 2510 00014158 3420 MAIL DATE: January 6, 2012 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended for four (4) months for careless record keeping missing information on the MV431(record keeping 15 out of 30 anti-tampering not checked, inspection numbers off count, body types not recorded, recording expired insurance, sticker expiration date, fire/brake readings and old odometer not recorded). The suspension(s) will run consecutively, 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 February 9, 2012, 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 safety 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 maybe conducted to determine if you are qualified for 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, WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER If you do file an appeal, a signed and tune-stamped copy of the appeal must be served upon the Department at the mailing address listed below, FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Sincerely, Department of Transportation Chief Counsel's Office (,?„? Riverfront Office Center 1101 S. Front Street, 3rd Floor Exhibit "A" Anita M. Wasko, Director '• • ^^ ^ + ? D..rnn., nFArTnhnr ?lot?in?Pe CERTIFICATE OF SERVICE AND NOW, this 20th day of January, 2012, 1 hereby certify that I have served a true and correct copy of the within document, via certified United States mail, return receipt requested and postage prepaid as follows: Christopher Johnson, Assistant Counsel PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2416 McNEES WALLACE & NURICK LLC By Peter K. Bauer I.D. No. 5102 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5460 Fax: 717 260-1663 Email: obauer _mwn.com Attorneys for Mechanicsburg Sports Car Center IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CENTER, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant n c - (-, 71 r-q t* f.? e x;D -? rj w x Lj , 9 4 ? ? ? 1. .b? > C ri- .jam A.„ Docket No. 12 a7y C'/ti! 7??YM UNCONTESTED MOTION FOR SUPERSEDEAS Petitioner, Mechanicsburg Sports Car Center ("Mechanicsburg SCC"), by its attorneys, McNees Wallace & Nurick LLC, and pursuant to 75 Pa. C.S. §4724(b), files this Uncontested Motion for Supersedeas from the suspension of its Certificate of Appointment as an Official Safety Inspection Station and avers the following in support thereof: 1. Petitioner is Mechanicsburg SCC, a licensed Pennsylvania Official Safety Inspection Station with its principal place of business at 705 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDOT"), with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. By order dated January 6, 2012, Mechanicsburg SCC was notified that its Certificate of Appointment to operate as an Official Safety Inspection Station, OIS #T858, was being suspended for four months effective February 9, 2012, for an alleged violation of careless record keeping. 4. Simultaneous with the filing of this Motion, Mechanicsburg SCC is filing a timely appeal from PennDOT's notice of suspension. A true and correct copy of the appeal is attached hereto as Exhibit "A." 5. Mechanicsburg SCC will be greatly prejudiced by the lack of due process and will suffer irreparable harm due to the suspension if a supersedeas is not granted pending appeal, as Mechanicsburg SCC is in the business of vehicle maintenance and repair, which is often accompanied with conducting vehicle safety inspections. 6. Mechanicsburg SCC satisfies the requirements of Pennsylvania Public Utility Commission v. Process Gas Consumers Group, 467 A.2d 805 (Pa. 1983); therefore, the issuance of a supersedeas is proper. a. There is a strong likelihood that Mechanicsburg SCC will prevail on the merits of its appeal, as it did not engage in the conduct asserted by PennDOT and the evidence will not support the violation alleged. b. Without the granting of the supersedeas, which will allow Mechanicsburg SCC to maintain its inspection privilege pending appeal, Mechanicsburg SCC will suffer irreparable injury as safety inspections will not be able to be performed by Mechanicsburg SCC, who is in the business of repairing and inspecting vehicles. C. The granting of a supersedeas in this matter will not substantially harm PennDOT. If Mechanicsburg SCC is unsuccessful in its appeal, it will serve the suspension in full. Further, PennDOT has advised Mechanicsburg SCC's 2 counsel that PennDOT does not oppose a supersedeas in this matter. A true and correct copy of PennDOT's e-mail stating there is no objection is attached hereto as Exhibit "B." d. The granting of a supersedeas in this matter will not harm or adversely affect the public interest. There is no evidence that any of the activity alleged to have occurred (all of which is denied) placed any person in harm. Further, if Mechanicsburg SCC is unsuccessful in its appeal, it will serve the suspension in full. WHEREFORE, Petitioner, Mechanicsburg Sports Car Center, requests that a supersedeas be granted so that its Certificate of Appointment to operate as an Official Safety Inspection Station can be maintained pending the appeal of this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By Peter K. B e I.D. No. 51 Barbara A. Darkes I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5460 Fax: 717 260-1663 Email: pbauerCcD-mwn.com Attorneys for Mechanicsburg Sports Car Center Date: January 20, 2012 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CIVIL ACTION CENTER, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, Docket No. DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant CERTIFICATION OF UNCONTESTED MOTION I, Peter K. Bauer, counsel for Mechanicsburg Sports Car Center, certify that I have been in contact with the Office of Chief Counsel at PennDOT, regarding presentation of this Motion for Supersedeas, and he has advised counsel that PennDOT does not contest this Motion. A copy of written confirmation that PennDOT does not contest this motion is attached to this Motion as Exhibit "B" and incorporated by reference. Peter K. Bau r Dated: January I W , 2012 b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CENTER, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant Docket No. ORDER AND NOW, this day of , 2012, upon consideration of the Appeal of Mechanicsburg Sports Car Center, from the suspension of its Certificate of Appointment as an Official Safety Inspection Station, a de novo hearing is scheduled for the day of , 2012, at of the Cumberland County Courthouse. o'clock .m. in Court Room No. BY THE COURT: nktrihntinn - Peter K. Bauer, Esq. McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, PA 17108-1.166 Christopher Johnson, Assistant Counsel PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2416 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CIVIL ACTION CENTER, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, Docket No. DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION Petitioner, Mechanicsburg Sports Car Center ("Mechanicsburg SCC"), pursuant to 75 Pa. C.S. §4724(b), files this appeal from the Order of Suspension of Official Safety Inspection Station and avers the following in support thereof: 1. Petitioner is Mechanicsburg SCC, a licensed Pennsylvania Official Safety Inspection Station with its principal place of business at 705 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. By order dated January 6, 2012, Mechanicsburg SCC was notified that its Certificate of Appointment to operate as an Official Safety Inspection Station, OIS #T858, was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A." 4. The Order states that Mechanicsburg SCC's Certificate of Appointment as an Official Safety Inspection Station was being suspended for four months effective February 9, 2012, for an alleged violation of careless record keeping. 5. The suspension imposed upon Mechanicsburg SCC is improper, as Mechanicsburg SCC did not engage in the conduct alleged. 6. Mechanicsburg SCC appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. §4724(b). WHEREFORE, Petitioner, Mechanicsburg Sports Car Center, requests that this matter be scheduled for hearing pursuant to 75 Pa. C.S. §4724(b). Respectfully submitted, McNEES WALLACE & NURICK LLC By l Pet r K. Baue I.D. No. 51020 Barbara A. Darkes I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5460 Fax: 717 260-1663 Email: pbauer mwn.com Attorneys for Mechanicsburg Sports Car Center Dated: January 20, 2012 2 pennsytvania DEPARTMENT OF TRANSPORTATION Tim R. Sprinkle Mechanicsburg Sports Car Center-OIS#T858 705 W. Simpson Street Mechanicsburg, PA 17055 CERTIFIED MAIL: 7004 2510 00014158 3920 MAIL DATE: January 6, 2012 Vehicle Inspection Division Post Office Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2395 STATION: T858 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended, for four (4) months for careless record keeping missing information on the MV431(record keeping 15 out of 30 anti-tampering not checked, inspection numbers off count, body types not recorded, recording expired insurance, sticker expiration date, tire/brake readings and old odometer not recorded), The suspension(s) will run consecutively, 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 February 9, 2012. 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 safety 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 maybe conducted to determine if you are qualified for 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, WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER. If you do file an appeal, a signed and time-stamped copy of the appeal must be served upon the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Sincerely, Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Exhibit "A" Anita M. Wasko, Director CERTIFICATE OF SERVICE AND NOW, this 20th day of January, 2012, 1 hereby certify that I have served a true and correct copy of the within document, via certified United States mail, return receipt requested and postage prepaid as follows: Christopher Johnson, Assistant Counsel PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2416 McNEES WALLACE & NURICK LLC By - ??,•---- Peter K. Bauer I.D. No. 5102 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5460 Fax: 717 260-1663 Email: pbauer(a7mwn.com Attorneys for Mechanicsburg Sports Car Center C,ti a,} ? From: Johnson. Christopher J To: Bayer. Peter Subject: RE: Mechanicsburg Sports Car Center Appeal and Supersedeas Filing Date: Thursday, January 12, 2012 10:55:25 AM Attachments: image001 joa The Department does not oppose the supersedeas. Christopher 3. Johnson I Assistant Counsel Governor's Office of General Counsel Department of Transportation Office of Chief Counsel I Vehicle & Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street I Harrisburg, PA 17104-2516 Phone: 717.787.2830 1 Fax:717.705.1122 F AND C'O FICIENTiA'•, CONWI )NICATION The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege. From: Bauer, Peter [maiIto: PBauer@mwn.comj Sent: Thursday, January 12, 2012 10:35 AM To: Johnson, Christopher J Subject: Mechanicsburg Sports Car Center Appeal and Supersedeas Filing Chris: Left you a voice mail just now. This is to confirm and to let you know we will be representing Mechanicsburg Sports Car Center (OIS#T858) regarding filing an appeal and supersedeas of the 4 month suspension of their inspection station license. We ask that you please confirm by e-mail response that the Department does not oppose the supersedeas being granted. Additionally, once we serve a copy of the appeal and supersedeas, we ask that the Department share its file in this matter, including the QOA reports, etc. Look forward to working with you to resolve this case in a manner that is appropriate for all involved. Thanks! Peter K. Bauer Automotive Dealership Law Group McNees Wallace & Nurick LLC 100 Pine Street, 7th Fir. P.O. Box 1166 Harrisburg, PA 17108-1166 Direct dial: 717.237.5460 Fax: 717.260.1663 pbauernmwn.com www.mwn.com Lill The foregoing message may be protected by the attorney-client privilege. If you believe it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it. Thank you. Pursuant to U.S. Treasury Department Circular 230, unless we expressly state otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing or recommending to another party any matter(s) addressed herein. CERTIFICATE OF SERVICE AND NOW, this 20th day of January, 2012, 1 hereby certify that I have served a true and correct copy of the within document, via certified United States mail, return receipt requested and postage prepaid as follows: Christopher Johnson, Assistant Counsel PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2416 McNEES WALLACE & NURICK LLC By L Peter K. Baue I.D. No. 5102 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5460 Fax: 717 260-1663 Email: pbauer(cD-mwn.com Attorneys for Mechanicsburg Sports Car Center IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CENTER, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant Docket No. '- -; 7?1 elill L ?rM ORDER AND NOW, this day of , 2012, upon consideration of the Uncontested Motion for Supersedeas of Mechanicsburg Sports Car Center, the Motion is GRANTED. A supersedeas shall issue and remain in effect pending appeal in this matter. Distribution: E B E COURT- /Peter K. Bauer, Esq. McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, PA 17108-1166 /Christopher Johnson, Assistant Counsel PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2416 -77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG SPORTS CAR CIVIL ACTION CENTER, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, Docket No. DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, 1 (? Defendant ORDER AND NOW, this day of h*'0A*'"j70" , 2012, upon consideration of the Appeal of Mechanicsburg Sports Car Center, from the suspension of its Certificate of Appointment as an Official Safety Inspection Station, a de novo hearing is scheduled for the day of 2012, at o'clockA.m. in Court Room NO-3 of the Cumberland County Courthouse. BY THE RT: Distribution: Peter K. Bauer, Esq. McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, PA 17108-1166 Christopher Johnson, Assistant Counsel PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2416 fil (4, r- c-: cn r n., A? MECHANICSBURG SPORTS CAR CENTER, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 0274 CIVIL TERM ORDER OF COURT AND NOW, this 5TH day of APRIL, 2012, the hearing scheduled for Monday, April 9, 2012, at 9:15 a.m. is rescheduled to FRIDAY, JUNE 22, 2012, at 9:00 a.m. in Courtroom # 2, Cumberland County Courthouse, Carlisle, Pa. By the C Edward E. Guido, J. ? Peter K. Bauer, Esquire Christopher Johnson, Esquire Pa. Department of Transportation :sld CCp"eS /-+u. led ?` cil 7 3 MECHANICSBURG SPORTS CAF: IN THE COURT OF COMMON PLEAS OF CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Appellant 2012-0274 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 22nd day of. June, 2012, hearing having commenced in the above-captioned matter, and counsel for the defendant having indicated that this court does have the power to allow the station operator an opportunity to correct inaccurate records, the court finding that there are obviously inaccurate records having been maintained by this station in the past, specifically 2009 and 2011, and as indicated in Commonwealth Exhibits 1 and 2, IT IS :HEREBY ORDERED AND DIRECTED that the station operator shall correct all inaccurate records for the years 2009, 2010 and 2011 and submit them to this court and the Department on or before July 31, 2012. `'Peter K. Bauer, Esquire For the Appellant ? Matthew X. Haeckler, Esquire For Appellee mtf 6 °p% es - lr°dl >/,;k-/i a. -- -, - . , tor' h,a ?V C t N N ns r-• C] - By the Court,