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HomeMy WebLinkAbout13-5965 t'rNSYL l ��;1 " MECHANICSBURG SPORTS CENTER IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent PETITION FOR APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION AND NOW comes petitioner, Mechanicsburg Sports Car Center (Mechanicsburg SCC) , by its attorney, Kent H. Patterson, and files this petition for appeal from the Order of Suspension of Official Inspection Station, as follows : 1 . Petitioner is Mechanicsburg Sports Car Center which has an address and principal place of business at 705 West Simpson Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055) . 2 . Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDOt") which has a mailing address and offices at Department of Transportation, Office of Chief Counsel , Riverfront Office Center, 1101 South Front Street, Third Floor, Harrisburg, PA 17104-2416. 3 . Mechanicsburg SCC holds a Certificate of Appointment as an Official Safety Inspection Station, OIS#T858 , which was issued 4103. r 1 C#- 77/( to it by PennDot. 4 . Mechanicsburg SCC received an order from PennDOt dated September 12 , 2013 that its Certificate of Appointment as an Official Safety Inspection Station was being suspended for six months pursuant to Section 4724 of the Vehicle Code for careless record keeping on the PennDot' s Form MV-431 . Attached to this petition and marked as Exhibit A is a copy of the order. 5 . Mechanicsburg SCC has a right of appeal from the suspension of its appointment as an official inspection station pursuant to Section 4724 (b) of the Vehicle Code, 75 Pa. C. S. 54724 (b) . 6 . The suspension of Mechanicsburg SCC' s appointment as an official inspection station is improper and/or contrary to law and should be rescinded for the following reasons : A. PennDot prior to issuing its order of suspension did not advise Mechanicsburg SCC of the records that it alleges had errors or omissions , did not provide due process or administrative review or hearing, and did not give Mechanicsburg SCC an opportunity to correct any alleged errors or omissions . B. Mechanicsburg SCC believes has not engaged in the conduct of careless record keeping and if there are any errors or omissions in its records, they are de minimus and can be easily corrected. 2 C. The actions of Penndot are contrary to the Constitutions of the United States and the Commonwealth of Pennsylvania. F. Any other reasons that may appear in discovery, the hearing or in the record in this matter. WHEREFORE , petitioner requests that your honorable court grant it a hearing on the suspension of its appointment as an official inspection station and thereafter sustain the appeal and rescind the suspension. Respectfully submitted, Kent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -3- VERIFICATION I , Tim R. Sprinkle, verify that the statements in the within foregoing petition for appeal are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities . I ✓r im R. Sprinkle Date: . .—T rrznr3sroa7Anory ix Tim R. Sprinkle Vehicle Inspection Division Mechanicsburg Sports Car Center-O1SPT858 Post Office Box 69003 705 W Simpson Street Harrisburg,PA 17106-9003 Mechanicsburg, 13A 17055 Phone; (717)787-2895 STATION: T858 CERTIFIED MAIL: 7004 2510 0001 4166 9778 MAIL DATE: September l2,2013 ORDER OC 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 careless record keeping(errors and omissons in MV 431 including missing registration numbers,missing insurance information,missing inspection sticker numbers,not recording old odometer reading for replacement stickers,visual anti tampering check not recorded and body not checked). The suspension(s)will run consecutively,for a tend suspension of six(6)months. This suspension is to run consecutively with any other suspension(s)unposed by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE October 15,2013. At this time,you are ordered to surrender to the Quality Assurance Officer, who is a representative o,`the Department of Transportation,your Certificate(s)of Appointment and all safety inspection stickers. Two(2)weeks prior to the expiration of you 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 you 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 Anita M. Wasko,Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street I Harrisburg, PA 17104 1 717-787-2895 5Xt r 6/FA MECHANICSBURG SPORTS CAR IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. No. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent 1 CERTIFICATE OF SERVICE -�-2 g AND NOW this day of �"- L2--- , 2013 , I , Kent H. Patterson, certify that I this day served respondent with the foregoing petition for appeal by U. S. certified mail, postage prepaid, return receipt requested, addressed as follows: Christopher J. Johnson Assistant Counsel PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3'6 Floor Harrisburg, PA 17104-2416 Kent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 I Pi' is , MECHANICSBURG SPORTS CAR IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. [ No. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent UNCONTESTED MOTION FOR SUPERSEDEAS AND NOW comes petitioner, Mechanicsburg Sports Car Center (Mechanicsburg SCC) , by its attorney, Kent H. Patterson, and files this uncontested motion for supersedeas in the appeal from the Order of Suspension of Official Inspection Station, as follows : 1 . Petitioner is Mechanicsburg Sports Car Center which has an address and principal place of business at 705 West Simpson Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055) . 2 . Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDOt) which has a mailing address and offices at Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 1101 South Front Street, Third Floor, Harrisburg, PA 17104-2416 . 3 . Mechanicsburg SCC holds a Certificate of Appointment as an Official Safety Inspection Station, OIS#T858 , which was issued to it by PennDot. 4 . Mechanicsburg SCC received an order from PennDot dated September 12, 2013 that its Certificate of Appointment as an Official Safety Inspection Station was being suspended for six months pursuant to Section 4724 of the Vehicle Code for careless record keeping on PennDot' s Form MV-431 . 5 . Simultaneous with the filing of this motion, Mechanicsburg SCC is filing a petition for appeal from PennDot' s order of suspension of its appointment as an official inspection station. Attached to this motion and marked Exhibit 1 is a copy of the petition for appeal . 6 . Mechanicsburg SCC is in the business of automotive repair and maintenance and has been a licensed official safety inspection station (holds a Certificate of Appointment as an official Safety Inspection Station issued by PennDot) for 27 years without interruption or suspension. 7 . Mechanicsburg SCC performs vehicle safety inspections and issues certificates of inspection as an integral part of its business and service to its customers . 8 . The issuance of a supersedeas pending the appeal is proper and necessary for the following reasons: A. There is a strong likelihood that Mechanicsburg 2 - SCC will prevail on the merits of its appeal in that the evidence will indicate that it did not engage in the conduct of careless record keeping, that any errors or omissions in its record were de minimus in comparison to the number of inspections conducted and that any errors or omissions can be corrected as permitted by 75 Pa.C . S . §4724 (c) . B. Mechanicsburg SCC will suffer irreparable harm if a supersedeas is not granted in that it would not be able to perform safety inspections for customers which is integral part of its business and which would result in a loss of business that could force it cease operating. C . The granting of a supersedeas will not cause any substantial harm to PennDot. If Mechanicsburg SCC is unsuccessful in its appeal, it will have to serve the suspension in full . D. The granting of a supersedeas will not harm or adversely affect the public interest. There has not been any allegation by PennDot that Mechanicsburg SCC has issued certificates of inspection for unsafe vehicles or that the alleged careless record keeping has endangered the public or placed any person in danger of having an unsafe vehicle. -3- 9 . The reasons stated by Mechanicsburg SCC for the issuance of a supersedeas satisfy the criteria which is set forth in Pennsylvania Public Utility Commission v. Process Gas Consumers Group, 502 Pa. 545 , 467 A. 2d 805 (1983) . 10 . Counsel for Mechanicsburg SCC has contacted the Office of Chief Counsel for Penndot and has spoken to Christopher J. Johnson, Assistant Counsel, who has advised him that PennDot does not contest this motion for supersedeas and does not object to the court granting a supersedeas pending appeal in this matter. WHEREFORE , petitioner, Mechanicsburg Sports Car Center, requests that your honorable court grant a supersedeas so that its Certificate of Appointment to operate as an Official Inspection Station can be maintained pending the appeal in this matter. Respectfully submitted, ent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -4- MECHANICSBURG SPORTS CENTER IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. No. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent PETITION FOR APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION AND NOW comes petitioner, Mechanicsburg Sports Car Center (Mechanicsburg SCC) , by its attorney, Kent H. Patterson, and files this petition for appeal from the Order of Suspension of Official Inspection Station, as follows: 1 . Petitioner is Mechanicsburg Sports Car Center which has an address and principal place of business at 705 West Simpson Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055) . 2 . Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDOt") which has a mailing address and offices at Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 1101 South Front Street, Third Floor, Harrisburg, PA 17104-2416. 3 . Mechanicsburg SCC holds a Certificate of Appointment as an Official Safety Inspection Station, OIS#T858, which was issued ENt4( R ) T- to it by PennDot. 4 . Mechanicsburg SCC received an order from PennDot dated September 12, 2013 that its Certificate of Appointment as an Official Safety Inspection Station was being suspended for six months pursuant to Section 4724 of the Vehicle Code for careless record keeping on the PennDOt' s Form MV-431 . Attached to this petition and marked as Exhibit A is a copy of the order. 5 . Mechanicsburg SCC has a right of appeal from the suspension of its appointment as an official inspection station pursuant to Section 4724 (b) of the Vehicle Code, 75 Pa. C.S . §4724 (b) . 6 . The suspension of Mechanicsburg SCC' s appointment as an official inspection station is improper and/or contrary to law and should be rescinded for the following reasons: A. PennDot prior to issuing its order of suspension did not advise Mechanicsburg SCC of the records that it alleges had errors or omissions, did not provide due process or administrative review or hearing, and did not give Mechanicsburg SCC an opportunity to correct any alleged errors or omissions. B. Mechanicsburg SCC believes has not engaged in the conduct of careless record keeping and if there are any errors or omissions in its records, they are de minimus and can be easily corrected. 2 _ C. The actions of Penndot are contrary to the Constitutions of the United States and the Commonwealth of Pennsylvania. F. Any other reasons that may appear in discovery, the hearing or in the record in this matter. WHEREFORE, petitioner requests that your honorable court grant it a hearing on the suspension of its appointment as an official inspection station and thereafter sustain the appeal and rescind the suspension. Respectfully submitted, Kent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -3- VERIFICATION I , Tim R. Sprinkle, verify that the statements in the within foregoing petition for appeal are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities . ✓N im R. Sprinkle Date: e =- Ill.-1 uhf lul Jl f APES F rM I AT ION 7 im R. Sprinkle Vehicle Inspection Division Mechanicsburg Sports Car Center-O1S4T858 Post Office Box 69003 705 W Simpson Street Harrisburg,PA 17106-9003 Mechanicsburg, PA 17055 Phone:(717)787-2895 STATION:T858 CERTIFIED MAIL: 7004 2510 0001 4166 9778 MAIL DATE: September 12,2013 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 careless record keeping(errors and omissons in MV 431 including missing registration numbers,missing insurance information,missing inspection sticker numbers,not recording old odometer reading for replacement stickers,visual anti tampering check not recorded and body not checked). The suspension(s)will run consecutively,for a total suspension of six(6)months. This suspension is to run consecutively with any other suspension(s)imposed by the Department for any violation considered separately. THE SUSPENSION WILL DE EFFECTIVE October 15,2013. At this tine,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 i!- 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 most 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. ---M-ILING ADDRESS: Sincerely, _ Department of Transportation - -- Chief Counsel's Office Riverfront Office Center 1 101 S.Front Street 3rd Floor Anita M.Wasko,Director Harrisburg,PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1101 S. Front Street I Harrisburg, PA 17104 1 717-787-2695 ,rlax1� 6/FA MECHANICSBURG SPORTS CAR IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. No. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent CERTIFICATES OF SERVICE AND NOW this tt�day of ✓ 'FLU C'-O' , 2013, I, Kent H. Patterson, certify that I this day served respondent with the foregoing petition for appeal by U. S . certified mail, postage prepaid, return receipt requested, addressed as follows: Christopher J. Johnson Assistant Counsel PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 Kent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 MECHANICSBURG SPORTS CAR IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. No. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent CERTIFICATE OF SERVICE AND NOW this I If day of 6d a L'e—'�- , 2013, I , Kent H. Patterson, certify that I this day served respondent with the foregoing motion for supersedeas by U. S. certified mail, postage prepaid, return receipt requested, addressed as follows : Christopher J. Johnson Assistant Counsel PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3`d Floor Harrisburg, PA 17104-2416 Kent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 q MECHANICSBURG SPORTS CAR : IN THE COURT OF COMMON PLEAS CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. L . No. 3 - COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, • BUREAU OF MOTOR VEHICLES, • Respondent • ORDER AND NOW this AC.' day of Od-ob') , 2013 , upon consideration of the Uncontested Motion for Supersedeas filed by Mechanicsburg Sports Car Center, the motion is GRANTED . A supersedeas shall issue and remain in effect pending appeal in this matter. BY THE COURT: AiL / -//g4 Judge Distribution: H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 J. Johnson, Esquire - ~ : Assistant Counsel t Cou se PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17 04-2416 /i /, / / v — t MECHANICSBURG SPORTS CAR : IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. No . I3 76 COMMONWEALTH OF PENNSYLVANIA, e r DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent ORDER AND NOW this- ,30 "/) day of 2013, upon consideration of the Petition for Appeal from Suspension of Certificate of Appointment as an Official Safety Inspection Station, the matter is scheduled for a de novo hearing on the day of U4 201 " , at //;(J() o' clock r4 m. , in Court Room No.�, Cumberland County Courthouse. BY THE COURT: Judge Distribution: Kent H. Patterson, Esquire. t; 221 Pine Street Harrisburg, PA 17101 /Christopher J. Johnson, Esquire <> cD iJ v- �'-�, Assistant Counsel PA Department of Transportation :77- n = Office of Chief Counsel . Riverfront Office Center C.ri 1101 South Front Street, 3=d Floor Harrisburg, PA 17104-2416 Co ces Mat IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA;i, 4i t ti pi f (; MECHANICSBURG SPORTS CAR CENTER : PEi f S YLi;`,4 Petitioner • v. • NO. 13 —5965 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, • BUREAU OF MOTOR VEHICLES ORDER AND NOW, this 14th day of January, 2014, upon agreement of the parties, the hearing scheduled in the above reference matter is continued to provide Mechanicsburg Sports Car with the opportunity to correct any inaccurate records in accordance with 75 Pa.C.S. §4724(c). The Department shall provide Mechanicsburg Sports Car with the two MV-431 forms that were removed by the Quality Assurance Officer during the audit in this matter. BY THE COURT: /C4. J. ATTEST: ,/Matthew X. Haeckler, Esquire, PennDOT, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ✓ Kent Patterson, Esquire, 221 Pine Street, Harrisburg, PA 17101 b l.c P os/<y �r� MECHANICSBURG SPORTS CAR CENTER, Petitioner 1F"i sh SEP 29 Pi`, 4: 13 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 13-5965 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent UNCONTESTED MOTION TO SUSTAIN APPEAL AND NOW comes petitioner, Mechanicsburg Sports Car Center (Mechanicsburg SCC), by its attorney, Kent H. Patterson, and files this uncontested motion to sustain the appeal from the Order of Suspension of Official Inspection Station, as follows: 1. Petitioner is Mechanicsburg Sports Car Center which has an address and principal place of business at 705 West Simpson Street, Monroe Township and Mechanicsburg Borough, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055). 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDot) which has a mailing address and offices at Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 1101 South Front Street, Third Floor, Harrisburg, PA 17104-2416. 3. Mechanicsburg SCC holds a Certificate of Appointment as an Official Safety Inspection Station, OIS#T858, which was issued to it by PennDot. 4. Mechanicsburg SCC received an order from PennDot dated September 12, 2013 that its Certificate of Appointment as an Official Safety Inspection Station was being suspended for a period of six months pursuant to Section 4724 of the Vehicle Code for careless record keeping on PennDot's Forms MV -431. 5. Mechanicsburg SCC filed a petition for appeal from PennDot's order of suspension and the court scheduled a hearing for January 14, 2014 and also granted a supersedeas by order dated October 15, 2013. 6. By order dated January 14, 2014, upon agreement of the parties, the court continued the hearing to provide Mechanicsburg SCC an opportunity to correct any inaccurate records in accordance with 75 Pa.C.S. Section 4724(c). 6. Mechanicsburg SCC has made the corrections to its records on the Forms MV -431 and through counsel has submitted the corrected records to PennDot. 7. PennDot has reviewed the corrected forms and through counsel has advised Mechanicsburg SCC that it is satisfied with the corrections made by Mechanicsburg SCC to the records. 8. Counsel for Mechanicsburg SCC has contacted the Office of Chief Counsel for PennDot and has spoken to Matthew X. Haeckler, Assistant Counsel, who has advised him that PennDot - 2 - does not oppose this motion to sustain the appeal and does not object to the court rescinding the order of suspension issued by PennDot. Attached to this motion and marked Exhibit A is an email from Attorney Haeckler confirming that PennDot does not oppose this motion. WHEREFORE, petitioner, Mechanicsburg Sports Car Center, requests that your honorable court sustain its appeal and rescind the order issued by PennDot suspending Mechanicsburg SCC's Certificate of Appointment as an Official Safety Inspection Station. Respectfully submitted, Kent H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -3- Page 1 of 1 Kent Patterson From: Haeckler, Matthew [MHAECKLER©pa.gov Sent: Thursday, September 25, 2014 3:25 PM To: KentPatterson©pa.net Subject: FW: Mechanicsburg Sports Car Center - No. 13-5965 Cumberland County Kent: • Sorry for the delay in responding to your email. | have reviewed the attached motion and order. There is nothing in the motion or order that 1 oppose. Please file the motion and we can wrap this matter up. Thanks Matt Matthew X. Haeckler, Assistant Counsel Department of Transportation, Office of Chief Counsel Direct dial (717) 705-1089 From: Kent Patterson [mai|to:@pa.neU Sent: Friday, September 12, 2014 1:46 PM To: HMatthew Subject: Mechanicsburg Sports Car Center - No. 13-5965 Cumberland County Dear Matt, You indicated that you and the ddmt were satisfied with the corrections made to the MV -431 forms by Mechanicsburg Sports Car Center (MSCC) which were the subject of the appeafrom department's suspensiofl of MSCC's safety inspection license and that the department would not oppose a motion to sustain the appeal. Accordingly, | have prepared and am attaching to this email a copy of a motion to sustain appeal and rescind the suspension along with a copy of the proposed order. Would you please !at me know if you find that motion to be satisfactory. If so, 1 wiU file the motion. Sincerely yours, Kent Patterson Kent H. Patterson Attorney at Law 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 Telephone (717) 233-6280 Facsimile 9/25/2014 0104\ e iT &� MECHANICSBURG SPORTS CAR : IN THE COURT OF COMMON PLEAS CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : No. 14-4594 Civil COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent CERTIFICATE OF SERVICE AND NOW this A day of Zepk4"1/611"\---, 2014, I, Kent H. Patterson, certify that I this day served respondent with the foregoing motion to sustain appeal by depositing a copy of same in the United States Postal Service mail, first class postage prepaid, addressed to counsel for respondent as follows: Matthew X. Haeckler, Esquire 1 Assistant Counsel PA Department of TransportatiOn Office of Chief Counsel Riverfront Office Center 1101 South Front Street, .5d Floor Harrisburg, PA 17104-2416 Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 1 • MECHANICSBURG SPORTS CAR : IN THE COURT OF COMMON PLEAS CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : No. 13-5965 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, •• • Respondent ORDER AND NOW this 2 "I day of . 00-b6-4/ , 2014 , upon consideration of the Uncontested Motion to Sustain Appeal filed by Mechanicsburg Sports Car Center, the motion is GRANTED . The ,order of the Department of Transportation dated September 12 , 2013 suspending the Certificate of Appointment as an Official Safety Inspection Station that was issued to Mechanicsburg Sports Car Center is hereby rescinded. BY THE COURT: /4/A4 Judge Distribution: / Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 ✓ Matthew X. Haeckler, Esquire Assistant Counsel rn ' PA Department of Transportation (..7) Office of Chief Counsel - _... Riverfront Office Center 1101 South Front Street, 3rd Floor W Harrisburg, PA 17104-2416