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Home My WebLink About13-2308 t , Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only. Civil_Cover Sheet -E Docket No: Cumberland County if 3 — 1' 3c)Z 6�1?_ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law oi-rules of court. Commencement of Action: S 0 Complaint E3 Writ of Summons Q Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Marc Keiser, T/D/B/A Keisers Service Center Inc. PennDOT I Are money damages requested? 0 Yes x No Dollar Amount Requested: 0within arbitration limits (check one) []outside arbitration limits N Is this a Class Action Suit? 0 Yes GI No Is this an MDJAppeal? E3 Yes 0 No A Name of Plaintiff/Appellant's Attorney: David E.Hershey, Esq. 0 Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Q Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ®Debt Collection:Credit Card Q Board of Assessment Motor Vehicle Debt Collection:Other 0 Board of Elections Nuisance x Dept.of Transportation S [ Premises Liability Statutory Appeal:Other Product Liability(does not include F-1 Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C El Other: E3 Employment Dispute:Other Zoning Board T Other: I ------ Q Other: o MASS TORT n Asbestos N E) Tobacco Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: El Ejectment Q Common Law/Statutory Arbitration B Eminent Domain/Condemnation i Declaratory Judgment Ground Rent 1-i Mandamus Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental Q Partition 0 Replevin [ Legal Quiet Title Other: Q Medical Other: Other Professional: Updated 11112011 Fit ED-LirFFI C;,. O THE-- HE Pt�0Tti��d� %��n'` 2013 APR 26 Pig 1: 31 IN THE COURT OF COMMON PLEAS CUMBERLAND CJ�iUlgT-1, CUMBERLAND COUNTY PENNSYLVANIA MARC D. KEISER,T/D/B/A KEISERS SERVICE CENTER, INC. Petitioner V. NO: 13 —,�3 og el;)l COMMONWEALTH OF PENNSYLVANIA INSPECTION STATION m DEPARTMENT OF TRANSPORTATION SUSPENSION APPEAL BUREAU OF MOTOR VEHICLES, Respondent INSPECTION STATION SUSPENSION APPEAL TO THE HONORABLE ALBERT H. MASLAND,JUDGE OF THE ABOVE SAID COURT: AND NOW COMES, Petitioner, Marc D. Keiser, T/D/B/A Keisers Service Center, Inc., by and through his attorney David E. Hershey of Colgan&Associates, LLC,who makes the following averments in support of this Inspection Station Suspension Appeal: 1. Petitioner, Mark D Keiser T/D/B/A Keisers Service Center Inc., is an official safety inspection station pursuant to the Pennsylvania Vehicle Code with a physical address of 2401 Old Gettysburg Road, Camp Hill, Cumberland County, PA 17011. 2. The Department of Transportation, Bureau of Motor Vehicles, Respondent herein, has a mailing address of P.O. Box 69003, Harrisburg, PA 17106-9003. 0 � -5 ,75a/P C# `oee 3. The Bureau of Motor Vehicles,Vehicle Inspection Division sent Petitioner a Notice of Suspension with a mail date of April 11, 2013 proposing a two (2)-month suspension of the inspection station's privileges pursuant to §4724 of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. By way of background, the basis for the suspension was due to an alleged faulty inspection performed on December 22, 2011 on a 1999 Ford pickup truck. 5. The proposed suspension is improper, illegal and invalid for some or all of the following reasons: A. The investigation by the Bureau of Motor Vehicles did not commence until July of 2013, approximately six (6) months after the inspection was performed. B. The alleged defects uncovered by the Bureau of Motor Vehicles pertain to holes and/or rust on a frame rail, a crossmember,the exhaust system and the assembly for the spare tire. C. As the vehicle was not only inspected by Petitioner, but also prepared for sale,photographs were taken of the undercarriage of the vehicle close to the date of the actual inspection which do not reveal the defects alleged by the Bureau. 6. Pursuant to 42 Pa.C.S. §933(A)(1)(ii),the Court of Common Pleas is the proper forum for a review of a proposed suspension of an official inspection station's privileges. 2 WHEREFORE, Petitioner prays that Your Honorable Court schedule hearing upon 60 days notice to the parties relative to the merits of the proposed action by the Department. Respectfully submitted, Date: Dav E. Hershey, Es ire COLGAN&ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 3 VERIFICATION I,Marc Keiser T/DB/S Keisers Service Center,Inc.,verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Marc Keiser, T/D/B/S Keisers Service Center, Inc. Exhibit "A" pennsylvanla DEPARTMENT OF TRANSPORTATION Marc D. Keiser Vehicle Inspection Division Keisers Service Center Inc-OIS#N300 Post Office Box 69003 2401 Old Gettysburg Road Harrisburg,PA 17106-9003 Camp Hill,PA 17011 Phone:(717)787-2895 STATION:N300 CERTIFIED MAIL: 70042510000141679975 MAIL DATE: April 11,2013 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 faulty inspection of equipment or parts(1999 Ford sticker AI2-2699652)by Marc D Keiser Operator 21-697-655 . The suspension(s)will run consecutively,for a total suspension of two(02)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 May 10,2013. 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 may be 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 �.C�.�1d.+�'. ► -- Riverfront 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 E Harrisburg, PA 17104 1 717-787-2895 CERTIFICATE OF SERVICE On the day of April, 2013, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, First Class, as follows: Christopher Johnson, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Date: �� '" David E. Hershey, Esquire COLGAN& ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 r=fLED-O FICF OF Th PROTHONOTARY 2913 APR 26 PM 1: 3 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND COUNTY PENNSYLVANIA MARC D. KEISER,T/DB/A KEISERS SERVICE CENTER,INC. Petitioner V. • NO: 13 ..-)30? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent REQUEST FOR SUPERSEDEAS TO THE HONORABLE ALBERT H. MASLAND,JUDGE OF THE ABOVE SAID COURT: AND NOW COMES, Petitioner, Marc D. Keiser, T/DB/A Keisers Service Center, Inc., by and through his attorney David E. Hershey of Colgan&Associates, LLC, who makes the following averments in support of this Request for a Supersedeas: 1. A concurrent,timely inspection station appeal has been filed against the Bureau of Motor Vehicles with the identical case caption 2. The Bureau of Motor Vehicles has proposed a 60-day suspension against Petitioner based upon an alleged faulty inspection of a Ford pickup truck which occurred back in December of 2011. 3. The issuance of a supersedeas in a case involving a proposed inspection station suspension is not automatic under §1550 the Vehicle Code. 1 Y 4. Counsel for the Department Transportation, Christopher Johnson, Esquire, has indicated that due to the relatively short nature of the suspension and the alleged infractions involved the Department's position is not to oppose a supersedeas in this case. 5. Petitioner believes and therefore avers that there is a likelihood that it will prevail on the merits due to the substantial delay between the Bureau of Motor Vehicles's investigation and the actual inspection which was performed at Petitioner's place of business. 6. There is no harm to the public involved in granting a supersedeas regarding an isolated incident. 7. If the supersedeas is not granted the Petitioner will suffer irreparable injury as they will not be able to recoup the economic loss and loss of reputation which Petitioner would suffer with a 60-day suspension of the inspection station's privileges to inspect motor vehicles. 8. Photos of the undercarriage of the subject vehicle taken with within days of the inspection procedure will show no holes in any metal parts or obvious defects in the frame, frame rails, cross members or exhaust system relative to this vehicle. 9. The issuance of a supersedeas will not substantially harm the Department as there has been a considerable delay between the beginning of the Department's investigation(July of 2011) and the decision to impose the proposed sanction contained herein(April of 2013). 2 WHEREFORE, Petitioner prays that Your Honorable Court issue a supersedeas prohibiting the Department from imposing the two (2)-month suspension against Petitioner in this matter until such time as this matter can be heard on its merits. Respectfully submitted, Date: David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 3 w CERTIFICATE OF SERVICE On the �. day of April, 2013, I certify that a copy of the foregoing p etition was served upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, First Class, as follows: Christopher Johnson, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Date: David E. Hershey, Esquire COLGAN &ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 VERIFICATION I,Marc Keiser T/DB/S Keisers Service Center,Inc.,verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. _._--- Date: Marc Keiser, T/DB/S Keisers Service Center, Inc. r -LED-OFFICE:' 7 THE PROTHONQT,�-,R',�' 2U13 HAY -2 AM 9. 45 IN THE COURT OF COMMON PLEXIERLAND CONTY PENNSYLVANIA CUMBERLAND COUNTY MARC D. KEISER, T/D/B/A KEISERS SERVICE CENTER,INC. Petitioner V. NO: COMMONWEALTH OF PENNSYLVANIA INSPECTION STATION DEPARTMENT OF TRANSPORTATION SUSPENSION APPEAL BUREAU OF MOTOR VEHICLES, Respondent ORDER AND NOW, this day of 2013, upon consideration of the Petitioner's Appeal herein, this matter is hereby scheduled for a hearing on /q 2013, at 0 frn. in Courtroom of the Cumberland County Courthouse. BY THE COURT: Albert H. Masland, J. ,distribution: 1/pnStirstiopher Johnson,Esquire,Office of Chief Counsel,PennDOT, I 10 1 S.Front Street,Harrisburg, PA 17104 1 avid E. Hershey, Esquire, 130 W. Church St., Ste'. 100, Dillsburg, PA 17019 Court Administration 'Of, i iLEU`0F Ff f'r: ENE P R 0 T 1"7__ 2MMAY -2 All 9. 45, CUMBERLAND COUNT' IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY MARC D. KEISER,T/DB/A KEISERS SERVICE CENTER,INC. Petitioner V. No: /3 -02.308 6lr12 COMMONWEALTH OF PENNSYLVANIA e�M DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES, Respondent ORDER AND NOW,this day oft 2013,upon consideration of the Petitioner's Request for Supersedeas in this matter and noting the reasons supporting same and noting further that counsel for the Department of Transportation has no obj ection,said request is hereby The Department's suspension of Petitioner's inspection station privileges is hereby stayed until this matter can be heard on its merits. BY THE COURT: Albert H. Masland, J. Distribution: Christopher Johnson,Esquire,Office of Chief Counsel,PennDOT, 1101 S.Front Street,Harrisbilrg. PA 17104 ,/David E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 , Court Administration i�y h� COMMONWEALTH OF PENNSYLVANIA, } IN THE COURT OF COMMON DEPARTMENT OF TRANSPORTATION, PLEAS OF CUMBERLAND COUNTY, BUREAU OF MOTOR VEHICLES, } PENNSYLVANIA Respondent } vs. } MARC D. KEISER T/D/B/A KEISER'S ) SERVICE CENTER Petitioner } No. 2013 —2308 CIVIL TERM ORDER AND NOW,this �l day of 2013,the Respondent Department of Transportation's Motion to Continue the Hearing in the above matter is hereby GRANTED, and the matter is CONTINUED AND RESCHEDULED FOR THE day of , 2013, at A-00 �L.m., in Courtroom No. of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT: J. Attest: ✓Christopher J. Johnson, Esq., PENNDOT, Office of Chief Counsel, 1101 South Front Street, P Floor, Harrisburg, PA 17104-2516 David E. Hershey, Esq., 130 W. Church Street, Suite 100, Dillsburg, PA 17019 r-41 I cm -7 -10-:r M c') t� C: C,r- fir; CD r � C} -a `ri MARC D. KEISER T/D/B/A IN THE COURT OF COMMON PLEAS OF KEISER' S SERVICE CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, : Respondent NO. 13-2308 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of September, 2013 , following a hearing on Petitioner' s appeal of the suspension of his inspection station, we take this matter under advisement to review the exhibits as well as the case law and afford counsel the opportunity to submit supplemental Memorandums of Law to the Court by the close of business on October 4 , 2013 . By the Court, Albert H. Mas and, J. ✓ David E. Hershey, Esquire For Petitioner ✓ Christopher J. Johnson, Esquire For Respondent prs aobi Ces frZelliszt_ m F; P T lohh a r- cc :-. iLFD..OF iC[:_ THE PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Zen OCT _3 PM 53 OFFICE OF CHIEF COUNSEL BY: CHRISTOPHER J. JOHNSON CUMBERLAND COUNTY Assistant Counsel PENNSYLVANIA Attorney I.D.No. 204296 RIVERFRONT OFFICE CENTER, 3d FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 (717) 787-2830 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, } DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES } vs. } MARC D KEISER t/d/b/a KEISER'S } NO. 2013-2308 CIVIL TERM SERVICE CENTER, OIS #N300 AGREED ORDER AND NOW, on this ,/ day of October, 2013, the appeal is hereby WITHDRAWN and DISCONTINUED, with the Department having agreed to assess 1 point in lieu of a suspension for the offense of faulty inspection, as authorized by 67 PA.CoDE §175.51(c). BY THE COURT: J. Attest: avid S. Hershey, Esq., Colgan&Associates, 130 W. Church Street, Suite 100,Dillsburg, PA 17019 stopher J. Johnson, Esq., PennDOT Office of Chief Counsel, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2516 CTiks iv/3/! 1 (1