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HomeMy WebLinkAbout14-4594 Supreme Court ofTennsylvania Court of.Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: rte, AA66M- &LVJ)Z County 1/j 4/y The information collected on this fortrr is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required fn late as rzrles ofcoi-trf. Commencement of Action: S El Complaint ❑ Writ of Summons [Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff s Name: Lead Defendant's Name: I Are money damages requested? ❑Yes [' �No Dollar Amount Requested: ❑within arbitr ton lima q (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑Yes A No Is this an MDJAppeal? ❑ Yes X No A Name of Plaintiff/Appellant's Attorney: K C—A /4 A'► /M?•S'd ❑ ( heck here 1 1 z on ha _ no Ml rnL': Lest n self-R,,Ipl esejtt,�ti ,l't'd} `el Liti`ftni) 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 Nfass Tort) CONTRACT(do not inclyde Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance Enept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: Slander/Libel/Defamation Discrimination C ❑ Other: El Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: o MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste F-1 Other: ❑ Ejectment E] Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation F] Declaratory Judgment ❑ Ground Rent ❑ Mandamus El Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYQuo Warranto ❑ Mortgage Foreclosure: Commercial ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 r}f.' V 1 fP4 j i AUG -5 P11 12: F 4 CU;-`BERLAND COUNTY PENNSYLVANIA MECHANICSBURG SPORTS CENTER IN THE COURT OF COMMON PLEAS CENTER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. C/ _ L No. / qJ !jl C�V-.l 'f erm 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, 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 �� 3. 75 P`Lw4� an Official Safety Inspection Station, OIS#T858 , which was issued to it by PennDot. 4 . On July 28 , 2014 , Mechanicsburg SCC received an order from PennDot dated July 28 , 2014 which provided that its Certificate of Appointment as an Official Safety Inspection Station was being immediately suspended. Attached to this petition and marked Exhibit A is a copy of the order. 5 . The order states that Mechanicsburg SCC' s Certificate of Appointment as an Official safety Inspection Station "is suspended for one (1) year or until produced for failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative of agent. " The order more specifically states in a parenthetical phrase that " [d]uring an audit at this OIS 462 safety stickers were unaccounted for. " 6 . 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) . 7 . 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. The records that PennDot alleges were not produced -2- were produced and made available to PennDot prior to PennDot issuing the order of suspension. In response to the request that was made by the quality assurance officer (QAO) for PennDot on April 15 , 2014 , Mechanicsburg SCC advised the QAO within approximately 2 weeks thereafter that the records were available for her to inspect at any time. However, the QAO made no attempt to review or audit the records until July 28 , 2014 . B. Immediately prior to the time Mechanicsburg SCC was served with the order of suspension on July 28 , 2014 , PennDot by its QAO reviewed and audited the records that it claims were not produced. C. Pursuant to the terms of PennDot' s order, the suspension has expired since the records have been produced. D. PennDot, prior to issuing its order of suspension, did not provide due process or administrative hearing or review and did not give Mechanicsburg SCC an opportunity to correct any alleged errors or omissions . E. 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. -3- 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 -4- 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 . Tim R. Sprinkle Date : 1 - c` — Ot pennsylvania DEPARTMENT OF TRANSPORTATION h f, July 28, 2014 Tim R. Sprinkle Mechanicsburg Sports Car Center-OIS#T858 705 W Simpson St Mechanicsburg,PA 17055 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 during the suspension. Pursuant to Departmental regulations,your Certificate of Appointment is suspended for one(1)year or until produced for failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent;(During an audit at this OIS 462 safety stickers were unaccounted for). The suspension(s)will run consecutively, for a total suspension of one(1)year or until produced. This suspension is to run consecutively with any other suspension(s)imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice,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 through 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 DATE OF THIS ORDER. If you do file an appeal,a signed and rime-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 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 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 S qday ofA,.-4.r 2014, 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 : Matthew X. Haeckler, Esquire 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 t Z 2U'I1i AUS -5 P!I 2 CUMBERLAND COUNTY PENNSYLVANIA MECHANICSBURG SPORTS CAR : IN THE COURT OF COMMON PLEAS CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. 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, 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 July 28 , 2014 that its Certificate of Appointment as an Official Safety Inspection Station was being suspended, commencing on that date, for a period of one year pursuant to Section 4724 of the Vehicle Code for failure to produce records . A qualified assurance officer (QAO) , acting as agent for PennDot, removed safety inspection stickers and Mechanicsburg SCC' s certificate of appointment from the premises of Mechanicsburg SCC. 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 approximately 28 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. - 2 - 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 SCC will prevail on the merits of its appeal in that the evidence will indicate that it did not fail to produce records and that any errors or omissions in its records were de minimus and 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 to 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 any lack of records or errors or omissions in any records has endangered the public or placed any person in danger of having an unsafe -3- vehicle . 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 Matthew X. Haeckler, 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 as an Official Safety Inspection Station can be maintained pending the appeal in this matter. Respectfully submitted, Kent 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, 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 X016/T I an Official Safety Inspection Station, OIS#kT858, which was issued to it by PennDot. 4 . On July 28 , 2014 , Mechanicsburg SCC received an order from PennDot dated July 28 , 2014 which provided that its Certificate of Appointment as an Official Safety Inspection Station was being immediately suspended. Attached to this petition and marked Exhibit A is a copy of the order. 5 . The order states that Mechanicsburg SCC' s Certificate of Appointment as an Official safety Inspection Station "is suspended for one (1) year or until produced for failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative of agent. " The order more specifically states in a parenthetical phrase that " [d]uring an audit at this OIS 462 safety stickers were unaccounted for. " 6 . 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) . 7 . 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. The records that PennDot alleges were not produced -2- were produced and made available to PennDot prior to PennDot issuing the order of suspension. In response to the request that was made by the quality assurance officer (QAO) for PennDot on April 15 , 2014 , Mechanicsburg SCC advised the QAO within approximately 2 weeks thereafter that the records were available for her to inspect at any time. However, the QAO made no attempt to review or audit the records until July 28 , 2014 . B. Immediately prior to the time Mechanicsburg SCC was served with the order of suspension on July 28 , 2014 , PennDot by its QAO reviewed and audited the records that it claims were not produced. C. Pursuant to the terms of PennDot' s order, the suspension has expired since the records have been produced. D. PennDot, prior to issuing its order of suspension, did not provide due process or administrative hearing or review and did not give Mechanicsburg SCC an opportunity to correct any alleged errors or omissions . E. 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. -3- 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 -4- 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. Tim R. Sprinkle Date: I penns lvania / y DEPARTMENT OF TRANSPORIAT]ON July 28,2014 Tim R. Sprinkle Mechanicsburg Sports Car Center-OIS##T858 705 W Simpson St Mechanicsburg,PA 17055 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 perfonned during the suspension. Pursuant to Departmental regulations,your Certificate of Appointment is suspended for one(1) year or until produced for failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent;(During an audit at this OIS 462 safety stickers were unaccounted for). The suspension(s)will run consecutively,for a total suspension of one(1)year or until produced This suspension is to run consecutively with any other suspension(s)imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice,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 through 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 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 �{��r✓���� Riverfront Office Center I 101 S.Front Street,3rd Floor Anita M.Wasko,Director Harrisburg,PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street j Harrisburg, PA 17104 1717-787-2895 FN' 1N � 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 ' day of 2014, 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 : Matthew X. Haeckler, Esquire 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 7 AND NOW this ''— day of 2014 , 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 : Matthew X. Haeckler, Esquire Assistant Counsel PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 lIP47 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. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent AND NOW this 1111day o . No. N - ORDER 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. The Department of Transportation shall return to Mechanicsburg Sports Car Center the safety inspection stickers and Certificate of Appointment as an Official Safety Inspection Station that were taken by the department's qualified assurance officer. Lo >- .Y d CD Q ca � d i J CO CD �. CID w CL filatick.. K . �if�Faeso1J BY THE COURT: 1 Thomas A. Placey udge Common Pleas Judge Distribution: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 Matthew X. Haeckler, Esquire Assistant Counsel PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2416 2 MECHANICSBURG SPORTS CAR : IN THE COURT OF COMMON PLEAS CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent AND NOW this day of ORDER , 2014, 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 11 day of Ona:eft- 201 at 91A o'clock 19 .m., in Court Room No. , Cumberland County Courthouse. Distribution: ent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 tthew X. Haeckler, Esquire Assistant Counsel PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17194-2416 /t/I(/ - Judge omas A. Macey Common Pleas Judge - c --< - -,: