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RIDGE AMC/JEEP/RENAULT v. COMMONWEALTH PENNSYLVANIA (01/14/87)

decided: January 14, 1987.

RIDGE AMC/JEEP/RENAULT, INC., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of Ridge AMC/Jeep/Renault, Inc. v. Commonwealth of Pennsylvania, No. 5835 February Term, 1985.

COUNSEL

Richard L. Gerson, Gerson, Capek & Voron, for appellant.

Steven P. Miner, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Judges Craig and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 103 Pa. Commw. Page 175]

Ridge AMC/Jeep/Renault, Inc. (Ridge) appeals here from an order of the Court of Common Pleas of Philadelphia

[ 103 Pa. Commw. Page 176]

County which affirmed a Department of Transportation (DOT) order suspending its dealer's registration plates for one month.

Ridge sold what it thought was a 1985 Jeep CJ-7 on September 29, 1984 to Carol Liebold, who signed a certificate of title (form MV-1) on that date. She discovered later, however, that the vehicle was actually a 1984 Jeep.*fn1 She notified Ridge of this error but she refused to sign a corrected certificate of title,*fn2 and, because of Ridge's inability to obtain her necessary signature until December 3, 1984, the certificate was not sent to DOT until that time.

At a hearing held on February 5, 1985, DOT found that Ridge had violated Section 1103(d) of the Vehicle Code, 75 Pa. C.S. ยง 1103(d),*fn3 by failing to deliver to DOT, within ten days of the sale, a properly signed certificate of title. DOT further found that Ridge had been

[ 103 Pa. Commw. Page 177]

    sent a written warning for a similar violation on April 8, 1982.*fn4 Consequently, Ridge had been notified on February 13, 1985 that its dealer's registration plates would be suspended for a period of one month pursuant to Section 1374(a)(5) of the Vehicle Code, 75 ...


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