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Home My WebLink About02-1873JESSE SCOTT HEISEY, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2002 '""/,¢ 73 CIVIL DIVISION (SUSPENSION OF INSPECTION PRIVILEGE) APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL SAFETY INSPECTION MECHANIC Petitioner, Jesse Scott Heisey, by his attorneys, McNees Wallace & Nurick LLC, and pursuant to 75 Pa.C.S. ~j4726(c), files this appeal from the Order of Suspension of his Certification as an Official Safety Inspection Mechanic and avers the following in support thereof: 1. Petitioner is Jesse Scott Heisey ("Heisey"), an adult individual, certified to conduct safety inspections in the Commonwealth of Pennsylvania and employed at C & J Car Care Center, 989 South York Street, Mechanicsburg, PA 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 and hand-delivered April 17, 2002, Heisey was notified that his certification as an official safety mechanic was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A". 4. The Order stated that Heisey's Certification as an official safety mechanic was being suspended effective immediately for a total period of two years, one year for each of the alleged violations - fraudulent recordkeeping and furnishing certificate of inspection without conducting an inspection. mechanic. 6. Heisey is employed full-time at C & J Car Care Center as a certified safety Heisey has been greatly prejudiced by the lack of due process and will suffer appeal. b. irreparable harm due to the suspension if a supersedeas is not immediately granted pending appeal, as a significant portion of Heisey's employment responsibility includes conducting safety inspections. 7. The two year suspension imposed upon Heisey's inspection privilege for the alleged violations of fraudulent recordkeeping and furnishing certificate of inspection without conducting an inspection is improper as Heisey did not engage in or permit such conduct. 8. Heisey appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. ~j4726(c), and requests that a Supersedeas be granted pending a hearing on the merits. 9. Heisey 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. There is a strong likelihood that Heisey will prevail on the merits of its Without the granting of the supersedeas, which will allow Heisey to restore his inspection privilege pending appeal, Heisey will suffer irreparable injury as he will be unable to perform safety inspections, a primary responsibility of his present employment. c. The granting of a supersedeas in this matter will not substantially harm the Department of Transportation. In fact, PennDOT has verbally advised counsel for the Plaintiff that it does not oppose the granting of a supersedeas in this matter. d. The granting of a supersedeas in this matter will not harm or adversely impact the public interest. WHEREFORE, Petitioner, Jesse Scott Heisey, requests that a supersedeas be entered staying the imposition of suspension pending appeal and that this matter be scheduled for hearing pursuant to 75 Pa.C.S. ~j4726(c). Respectfully submitted, McN F_.~W,/~CF_./~ N,~ICK LLC By /~.~/.,~ / Barb~-ra A.~ark~s, ~ Attorney I. D. No. 77419 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5381 Date: April 17, 2002 Attorneys for Petitioner Jesse Scott Heisey CERTIFICATE OF SERVICE AND NOW, this 17th day of April, 2002, I hereby certify that I have served a true and correct copy of the within document, via facsimile and certified United States mail, return receipt requested and postage prepaid as follows: Matthew X. Haeckler, Assistant Counsel in Charge PA Department of Transportation Office of Chief Counsel Motor Vehicle Section Riverfront Office Center 1101 S. Front Street - 3~ Floor Harrisburg, PA 17104-2416 Fax No. (717) 705-1122 McNEES WALI_,~E/& NURICK LLC Ba a~,a/A. 'D'~'rkes, Esquire Attorney I.D. # 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5381 Attorneys for Petitioner JESSE SCOTT HEISEY, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 2002 -- ! CIVIL DIVISION (SUSPENSION OF INSPECTION PRIVILEGE) ORDER AND NOW, this ! c~7-~day of ~~.z~, 2002, upon consideration of the Appeal of Jesse Scott Heisey, from the suspension of his Certification as an Official Safety Inspection Mechanic, a de novo hearing is scheduled for the ~ day of ~ , 2002, at /,' ,,~ () o'clock ~2. m. in Court Room No. ~ of the Cumberland County Courthouse. A supersedeas is granted pending the hearing. BYTHECOURT: (J.) JESSE SCOTT HEISEY, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent : IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2002-1873 Civil : : CIVIL ACTION ~ LAW ORDER AND NOW, this Z 6' ~ day of June, 2002, it appearing that the Department of Transportation, Bureau of Motor Vehicles, and Jesse Scott Heisey have duly considered and entered into a Stipulated Agreement in the above-captioned case, the Court ORDERS, ADJUDGES, AND DECREES as follows: 1. By an official notice of suspension dated and hand-delivered April 17, 2002, the Department of Transportation, Bureau of Motor Vehicles (Bureau) notified Jesse Scott Heisey that .}tis Certification as an Official Safety Inspection Mechmfic w~ being suspended for a total period of two years; one year for a violation of furnishing a certificate of inspection without conducting an inspection, and one year for fraudulent recordkeeping. The suspensions were imposed to mn consecutively and commenced immediately. 2. On April 17, 2002, Jesse Scott Heisey filed a timely appeal from these suspensions in the Court of Common Pleas of Cumberland County. By Order entered April 19, 2002, a supersedeas was entered restoring Jesse Scott Heisey pending appeal and scheduling a de novo hearing for July 3, 2002, at 1:30 p.m. 3. In lieu of the two-year suspension imposed pursuant to the Bureau's April 17, 2002 order, the Bureau has agreed to the following: (a) The two one-year suspensions will mn concurrently for a total suspension term of one year. (b) The one-year suspension will be effective August 1, 2002. (c) Jesse Scott Heisey's Certificate as an Official Safety Inspection Mechanic will be restored Friday, August 1, 2003. Jesse Scott Heisey agrees to the following: (a) Pursuant to 67 Pa. Code § 175.51 (g), the violations of Furnishing Certificate of Inspection Without Conducting an Inspection and Fraudulent Recordkeeping are first violations and will remain on Jesse Scott Heisey's record as such for the term of three years from the date of violation. (b) Jesse Scott Heisey waives any and all right to appeal this matter. By the Court: Kevin A. Hess, J. Stipulated to by: Elaine N. Blass Date Attorney for Department of Transportation, Bureau of Motor Vehicles t~arbara A Darkes v Attorney for Jesse Scott Heisey Date McNees Wallace & Nurick,Lc attorneys at law BARBARA A. DARKES DIRECT DIAL: (717) 237-5381 E-MAIL ADDRESS: BDARKES@MWN.COM June 20,2002 VIA FACSIMILE AND FIRST CLASS MAll Honorable Kevin A. Hess Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 RE: Jesse Scott Heisey v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles Cumberland Co. C.C.P. No. 2002-1873 Civil Dear Judge Hess: The above-referenced matter is scheduled for a hearing on July 3, 2002, at 1:30 p.m., with Your Honor presiding. As your office was previously notified by PennDOT, the parties in this action have reached an amicable resolution. As such, we are forwarding a prepared Order for your signature and will not be appearing for the hearing. We are requesting that you sign the Order and forward same to the Prothonotary for filing and distribution to the parties. Thank you for your assistance in this matter. Sincerely, M cNE E,~A/~ & NURICK LLC By ~Dar k~s ~'~ BAD/jmc Enclosure c: Elaine N. Blass, Esquire (w/encl.) PO Box 1166 · 100 PINE STREET · HARRISBURG, PA 17108-1166 · TEL: 717.232.8000. FAX: 717.237.5300- VWVW. MWN.COM COLUMBUS, OH * HAZLETON, PA · WASHINGTON, DC