HomeMy WebLinkAbout07-1596Stanley Deimler, Jr.
110 State Hwy
Enola, Pa17025
(717)-732-3885
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
STANLEY M DEIMLER, JR
D/b/a Lemoyne Auto Service
D/b/a Deimler's Automotive
Petitioner,
V.
No. ~ ~ ' ~ ~q ~D C~ ~, ~ -f-u~n
Appeal from suspension as an
COMMONWEALTH OF Official safety Inspection Station
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
Respondent
APPEAL FROM SUSPENSION AS OFFICIAL SAFETY INSPECTION
STATION AND PETITION FOR ORDER TO STAY THE SUSPENSION
PENDING THE APPEAL
ANDNOW, comes the petitioner, Stanley M. Deimler, Jr. d/b/a Deimlers
Automotive, and files this appeal from the Suspension of certification as an Official
Safety Inspection station which was received from the Commonwealth of
Pennnyylvania and in support therof respectfully represents.
1. Petitioner, Stanley M. Deimler, Jr. is, an adult individual< sui juris, d/b/a
2. Deimlers Automotive with a principal mailing address of 110 State Hwy,
Enola, Cumberland County, Pennsylvania 17025.
3. The Commonwealth of Pennsylvania Department of Transportation, Vehicle
Inspection Division is represented by the Chief Councel's Office with its
principle office located at Riverfront Office Center, 1101 South Front Street,
3''d Floor, Harrisburg, Dauphin County, Pennsylvania 17104-2416
4. On March 7ei 2007 the Vehicle Inspection Division issued a Notice giving
Petitioner thirty (30) days to appeal the suspension of Safety Station License
for 2 months respectively effective April 17th 2007. The basis of the
suspension was bad checks. A copy of notice is attached hereto as Ezhibit
aA»~
5. Respondent's financial well being and the solvency of his business is in large
part dependent upon his good standing as a Safety and Emission Inspection
Station and the ability to conduct Inspections.
6. The benefit to the State in suspending petitioners certification for the
allegations,. (denied herein), prior to a full hearing on the merits is
outweighed by the onerous financial burden placed upon the Respondent
both in terms of his business and personal obligations.
7. The suspension prior to the outcome of a hearing on the merits poses the
threat of imminent harm and irreparable injury to Respondent who is
currently formulating a plan of reorganization under Chapter 13 of the
Bankruptcy Code.
~ .- Z3 -~ 7
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
HARRISBURG, PA 17104
Stanley Deimler
Deimler Automotive-OIS#6359
110 State Highway
Enola, PA 17025
Vehicle Inspection Division
Post Office Box 69003
Harrisburg, PA 17106-9003
Phone: (717) 787-2895
STATION: 6359
CERTIFIED MAIL: 7004 2510 00014163 7258
MAIL DATE: March 7, 2007
ORDER OF SUSPENSION OF OFFICLAi INSPECTION STATION
You. are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended,
p~uf`fo Section 4724 oTthe Vehicle Code. No vehicle safety inspections may be performed at your station
during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended for
two (2} months and until amount due is paid, whichever is greater, for bad check (check #1117 for the amount of
$100.00 with a $30.00 penalty).
The suspension(s) will run consecutively, for a total suspension of two (2) months and until paid. This suspension is
to run consecutively with any other suspension(s) imposed by the Department for any violation considered
separately. THE SUSPENSION WILL BE EFFECTIVE April 17, 2007. At this time, you aze ordered to
surrender to the Quality Assurance Officer, 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 thorough
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 MAIL 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. FII.ING 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, 3`d Floor Kurt J. Myers, Director
Harrisburg, PA 17104-2416 Bureau of Motar Vehicles
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INTHE COURT OF COMMON PLEAS OF THE 9TH JUDlCfA~.
DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
STANLEY M DEIMLER JR.
dlbta LEMOYNE AUTO SERVICE
d/b1a DEIMLER'S AUTOMOTNE
Petitioner
v
Appeal from suspension as an
Official Saftey Inspection station
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
Respondent
ORDER
AND NOW, THIS c,~~~ day of , 2006,
upon consideration of the within Appeal from Suspension as an Official safety Inspection
station imposed by the Commonwealth of Pennsylvania Vehicle Inspection Division and
the request by Petioner that the Saftey Inspection and station License imposed by the
Commonwealth of Pennsylvania, that is effective April 17,2007 , be stayed pending the
outcome of this appeal.
A hearing is hereby scheduled on the appeal for the ~~" day of
`~ ~ 200~at 3 = oD o'clock a~tipm in courtroom
~S of the Cumberland County Courthouse, Carlisle Pennsylvania.
BY THE COURT
DISTRIBUTION, CHIEF COUNSELS OFFICE, DEPARTMENT OF TRANSPO N
RIVERFRONT S. OFFICE CENTER
110! S. FRONT STREET, 3RD FLOOR
HARRISBURG, PA 17104-2418
DEIMLER'S AUTOMOTNE
110 STATE HIGHWAY
ENOLA, PA 17025
qS :b ~,/ b t~W 1001
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STANLEY M, DEIMLER, JR.
d/b/a LEMOYNE AUTO SERVICE
d/b/a/ DEIMLER'S AUTOMOTIVE,
Petitioner
V
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-1596 CIVIL TERM
APPEAL FROM SUSPENSION AS AN
OFFICIAL SAFETY INSPECTION
STATION
IN RE: APPEAL FROM SUSPENSION
ORDER OF COURT
AND NOW, this 24th day of May, 2007, after hearing in
the above-captioned matter, the Court does find that the
Commonwealth has sustained its burden of proof and that the
defendant did, in fact, issue a bad check, number 1117, that this
was a second check and, therefore, the suspension previously
imposed by the Commonwealth is sustained.
By the Court,
~anley M. Deimler, Jr.
110 State Highway
Enola, Pa. 17025
Petitioner
M. L. Ebert, Jr., J.
J
atthew Haeckler, Esquire
Pa. Department of Transportation
Office of Chief Counsel
1101 South Front Street
Harrisburg, Pa. 17104-2516
For the Respondent
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