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DUTCHMAN'S TRUCK SERVICE v. COMMONWEALTH PENNSYLVANIA (07/08/77)

decided: July 8, 1977.

DUTCHMAN'S TRUCK SERVICE, INC., MELVIN SAUDER AND RAYMOND SAUDER, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF MOTOR VEHICLE MANUFACTURERS, DEALERS AND SALESMEN, RESPONDENT



Appeal from the Order of the State Board of Manufacturers, Dealers and Salesmen in case of State Board of Motor Vehicle Manufacturers, Dealers and Salesmen v. Dutchman's Truck Service, Inc., Melvin Sauder and Raymond Sauder, No. 75-275-MV.

COUNSEL

John F. Pyfer, Jr., with him, of counsel, Allison, Weglarz & Pyfer, for petitioners.

William J. Wheeler, Jr., Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 31 Pa. Commw. Page 19]

This is a petition for review from an order of the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen (Board), imposing on petitioners a 15 day suspension of their respective licenses. We affirm.

[ 31 Pa. Commw. Page 20]

A complaint was filed with the Board by a customer of petitioners. The complaint alleged that petitioners had misled this complainant as to significant information regarding a Kenworth tractor trailer which the complainant had purchased from petitioners. Essentially, the significant information concerned the model year of the tractor trailer. The tractor trailer had been listed on a blackboard as a 1968 model and petitioner dealer was responsible for the information placed on the blackboard. The bill of sale drawn up by petitioner salesman also indicated that the tractor trailer was a 1968 model. Some time later, after the sale, the complainant found a Virginia Certificate of Registration in the tractor trailer which listed its model year as 1965. This information was confirmed by the Kenworth Factory by using the chassis number. Also, on the front axle was stamped "1965." This information was given to petitioners by complainant and several unsuccessful attempts were made at a settlement.

After a hearing on the complaint, the Board found that the tractor trailer was indeed a 1965 model and that both petitioners had represented it to be a 1968 model. On the basis of these findings of fact the Board concluded that petitioners had violated Section 4(2)(vi) of the Motor Vehicle Manufacturer's, Dealer's and Salesmen's Act (Act), Act of December 21, 1973, P.L. 408, 63 P.S. § 805(2)(vi). Section 4(2)(vi) states:

The board shall have power and its duty shall be:

(2) To investigate on its own initiative or upon the verified complaint in writing of any person any allegations of the wrongful act or acts of any licensee or person required to be licensed hereunder and shall have the power to suspend or revoke licenses issued by the board

[ 31 Pa. Commw. Page 21]

    if after due notice and hearing the person charged is found guilty of committing or ...


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