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Home My WebLink About02-1874C & J CAR CARE CENTER, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002 - CIVIL DIVISION (SUSPENSION OF INSPECTION PRIVILEGE) APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION Petitioner, C & J Car Care Center, by its attorneys, McNees Wallace & Nurick LLC, and pursuant to 75 Pa.C.S. ~j4724(b), files this appeal from the Order of Suspension of Official Safety Inspection Station and avers the following in support thereof: 1. Petitioner is C & J Car Care Center ("C & J"), a licensed Pennsylvania Safety Inspection Station with its principal place of business at 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, C & J was notified that its Certificate of Appointment to operate as an official safety inspection station was being suspended. A true and correct copy of the notice is attached hereto as Exhibit "A". 4. The Order states that C & J's Certificate of Appointment as an official safety inspection station 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. 5. C & J is in the business of repairing and inspecting vehicles. 6. C & J has been greatly prejudiced by the lack of due process and will suffer irreparable harm due to the suspension if a supersedeas is not immediately granted pending appeal, as C & J is in the business of operating an official Pennsylvania safety inspection station. 7. The two year suspension imposed upon C & J's inspection privilege for the alleged violations of fraudulent recordkeeping and furnishing certificate of inspection without conducting an inspection is improper as C & J did not engage in or permit such conduct. 8. C & J appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. ~j4724(b), and requests that a Supersedeas be granted pending a hearing on the merits. 9. C & J 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 C & J will prevail on the merits of its appeal. b. Without the granting of the supersedeas, which will allow C & J to restore its inspection privilege pending appeal, C & J will suffer irreparable injury as safety inspections will not be able to be performed by C & J, who is in the business of repairing and inspecting vehicles. 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 C & J 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, C & J Car Care Center, 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. {4724(b). Respectfully su~d, By .A_'~I~_/-~_!~...(-, (,_/v. ~../-..- ~ ! - ~arb~,,~ A. D~rkes, Esquire Attorney I. D. No. 77419 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5381 Date: April 17, 2002 Attorneys for C & J Car Care Center CERTIFICATE OF SERVICE AND NOW, this 17t~ 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 WALLACE & NURICK LLC By: ~ ~/ Barbara A. Dal'k~s, Esquire Attorney I.D. # 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5381 Attorneys for Petitioner C & J CAR CARE CENTER, Petitioner COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF MOTOR VEHICLES, : Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pa NO. 2002 -- ~' ~' 7 ~'~ ~ CIVIL DIVISION (SUSPENSION OF INSPECTION PRIVILEGE) ORDER AND NOW, this ~"~ day of ~' ,2001 upon consideration of the Appeal of C & J Car Care Center, from the suspension of its Certificate of Appointment as an Official Safety Inspection Station, a d~e novo hearing is scheduled for the ~ b~day of ,,,T/''"'am'~ , 2002, at .~__~o'clock _.m. in Court Room No. ~,~of the Cumberland County Courthouse. A supersedeas is granted pending the hearing. (J.) C&J CAR CARE CENTER, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1874 Civil CIVIL ACTION - LAW ORDER AND NOW, this ~ day of June, 2002, it appearing that the Department of Transportation, Bureau of Motor Vehicles, and C&J Car Care Center 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 C&J Ca,- Caa'c Center that its Certificate of Appointment as an Official Safety Inspection Station was being suspended for a total period of two years; one year for a violation of fumishing a certificate of inspection without conducting an inspection, and one year for fraudulent recordkeeping. The suspensions were imposed to run consecutively and commenced immediately. 2. On April 17, 2002, C&J Car Care Center filed a timely appeal from these suspensions in the Court of Common Pleas of Cumberland County. By Order entered April 22, 2001 (sic), a supersedeas was entered restoring C&J Car Care Center pending appeal and scheduling a de novo hearing for June 20, 2002, at 2:30 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 nm concurrently for a total suspension term of one year. (b) C&J Car Care Center will be granted six months credit toward the service of the suspension. (c) C&J Car Care Center will serve the remaining six months of suspension, beginning August 1, 2002, and ending January 31, 2003. (d) C&J Car Care Center's Certificate of Appointment to conduct Official Safety Inspections will be restored on Monday, February 3, 2003. 4. C&J Car Care Center agrees 'to the following: (a) C&J'Car Care Center accepts the six months credit toward serving the suspension and will serve the remaining six months of suspension for the above-noted violations. (b) 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 C&J Car Care Center's record as such for the term of three years from the date of violation. matter. (c) C&J Car Care Center waives any and all right to appeal this By the Court: Edward E. Guido, J. Stipulated to by: El~dr~e N. Bla~s t- - ' Date Attorney for Department of Transportation, Bureau of Motor Vehicles Attome' ~ for C&J Car Care Center Date II II McNees Wallace & Nurick uo attorneys at law JUN 2 2002 BARBARA A. DARKES DIRECT DIAL: (717) 237-5381 E-MAIL ADDRESS: BDARKES(~MWN.COM June 20, 2002 VIA FACSIMILE AND FIRST CLASS MAIL Honorable Edward E. Guido Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 RE: C&J Car Care Center v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles Cumberland Co. C.C.P. No. 2002-1874 Civil Dear Judge Guido: The above-referenced matter is scheduled for hearing today, June 20, 2002, at 2:30 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, McNEES WALLACE & NURiCK LLC Barbara A. Darkes BAD/jmc Enclosure c: Elaine N. Blass, Esquire (w/encl.) 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