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Home My WebLink About07-2278Stanley 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. '?) 7- 2 -2 Appeal from suspension as an COMMONWEALTH OF Official safety Inspector PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent APPEAL FROM SUSPENSION AS OFFICIAL EMISSION INSPECTOR 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 EMISSION Inspector which was received from the Commonwealth of Pennsylvania and in support thereof 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 Counsel's Office with its principle office located at Riverfront Office Center, 1101 South Front Street, Yd Floor, Harrisburg, Dauphin County, Pennsylvania 17104-2416 4. On March 26th 2007 the Vehicle Inspection Division issued a Notice giving Petitioner thirty (30) days to appeal the suspension of Safety Station License for permanently respectively effective Immediately. The basis of the suspension was fraudulent emissions. A copy of notice is attached hereto as Exhibit "A". 5. Respondent's financial well being and the solvency of his business are 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. qTAn1l?"?(?^ y ?'2r> -o7 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 March 26, 2007 Stanley Deimler RE: Oper#19-977-439 110 State Highway Enola, PA 17025 (Deimler Automotive-OIS#6359) ORDER OF SUSPENSION OF OFFICIAL EMISSIONS INSPECTOR Your are hereby notified that your certification as an Official Emissions Inspector is suspended, pursuant to Section 4726 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your certification as an Official Emissions Inspector is suspended for one (1) year for fraudulent record keeping (signing for inspection you did not perform). Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of one (1) year. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Emissions Inspector Certification Card. Upon the completion of your suspension, your inspector certification card will be returned to you. 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 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. FILING 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: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S Front Street, P Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles LA PD O tr rn n el% N Fn * I av- : .: 0 S " C! [J G y N ^C 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 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 NO. 07-2278 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2277 CIVIL ORDER OF COURT AND NOW, this 1 st day of May, 2007, upon consideration of the Petition for Order to Stay the Suspension of the Official Emission Inspection Station pending Appeal, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Respondent to show cause why the relief requested by Petitioner should not be granted; 2. The Respondent will file an answer on or before May 15, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Respondent files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. Y < 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Stanley M. Deimler, Jr. Petitioner ,thief Counsel's Office Department of Transportation Respondent bas ?'-"',e,n1GR's J M. L. Ebert, Jr. J. 1ti,L9 nr,,- i i+J 1 I *4 Ind I - AM LOOZ AdVION'011 UOU'd 31N1 JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. No. 07-2277 Civil Term COMMONWEALTH OF . PENNSYLVANIA,DEPARTMENT Official Emission Inspection OF TRANSPORTATION, Station Suspension Appeal Respondent STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. No. 07-2278 Civil Term COMMONWEALTH OF PENNSYLVANIA,DEPARTMENT Official Emissions Inspector OF TRANSPORTATION, Suspension Appeal RESPONSE TO RULE TO SHOW CAUSE AND NOW, pursuant to an Order issued by this Court on May 4, 2007, Respondent, Pennsylvania Department of Transportation (PennDOT) responds to the Rule issued to show cause why the relief requested by the Petitioner, Stanley M. Deimler, should not be granted; Mr. Deimler seeks a stay (i.e., supersedeas) of suspensions of his privileges as an official emissions inspection station (Station) (Docket # 07-2277; Deimler Automotive, OIS # 6359) and as an official emissions inspector (Mechanic) (Docket # 07-2278; Oper. # 19-977-439), in anticipation of a hearing on the merits. (Ex. 1.) Mr. Deimler's Station appeal does not challenge fines against the Station. The Department opposes the granting of a supersedeas staying imposition of the suspensions and requests that a hearing on the merits be held at the Court's earliest convenience for the following reasons: 1. By order dated March 26, 2007, pursuant to 75 Pa.C.S. § 4724 and 67 Pa.Code § 177.602, PennDOT imposed the following suspensions and fines against Mr. Deimler, in his capacity as a Station for violations of the emissions inspection regulations: Violation Regulation Section) Fraudulent recordkeeping (2nd offense) (67 Pa.Code § 177.602(a)(iii)) Inspection by uncert. inspector (2nd offense) (67 Pa.Code & 77.602(a)(vii)) Total (served consecutively) Term of Susn. Fine Permanent $5,000.00 6 months $1,000.00 Permanent $7,500.00 (Ex. 1; Deimler v. PennDOT, Cumberland CCP 07-2277 Civil Term.) 2. By separate order dated March 26, 2007, pursuant to 75 Pa.C.S. § 4726 and 67 Pa.Code § 177.603(iii), PennDOT imposed the following suspension against Mr. Deimler, in his capacity as a Mechanic: Violation (Regulation Section) Term of Suspension Fraudulent recordkeeping (1st offense) 1 Year (67 Pa.Code § 177.603(iii)) (Ex. 2; Deimler v. PennDOT, Cumberland CCP 07-2278 Civil Term.) 3. A second mechanic at the Station was involved in the violations referred to in Paragraphs 1 and 2, but has not appealed his suspension. 4. Although based on related facts, the Station and Mechanic suspensions were properly appealed separately; nevertheless, a single hearing on both appeals would be appropriate. 2 5. Mr. Deimler, acting pro se, filed petitions seeking review of the Departments orders against the Station (Docketed at No. 2277 Civil Term 2007) and Mechanic (Docketed as No. 07-2278 Civil Term 2007), requesting a stay of the suspension and fines pending a hearing; this prompted the issuance of the rule. 6. The test for the granting of a supersedeas is as follows: 1. The petitioner makes a strong showing that he is likely to prevail on the merits. 2. The petitioner has shown that without the requested relief, he will suffer irreparable injury. 3. The issuance of a supersedeas will not substantially harm other interested parties in the proceedings. 4. The issuance of a stay will not adversely affect the public interest. Pennsylvania Public Utility Commission v. Process Gas Consumers Group, 502 Pa. 545, 552-553, 467 A.2d 805, 808-809 (1983) 7. Mr. Deimler's Station has been suspended and fined before, by order dated October 9, 2006 (October 9, 2006 suspension) for first offenses for the same types of violations at issue in this case, under similar circumstances (see Ex. 4; see also Deimler v. PennDOT, Cumberland CCP No. 06-6500 Civil.) 8. After a hearing on the merits before the Honorable Kevin A. Hess, this Court sustained the October 9, 2006 suspension in an Order dated April 18, 2007. (Ex. 5.) 9. Due to the Court's sustaining of the October 9, 2006 suspension, the Court's decision to grant or deny a supersedeas will have no practical effect on Mr. Deimler's ability to perform inspections as a Station or as a Mechanic (at his station). 10. Given the circumstances of this case, PennDOT contends that Mr. Deimler, in his capacity as a Station and as a Mechanic, cannot pass any prong of the Process Gas test: (1) Mr. Deimler's petitions do not dispute that the violations occurred, and he is a repeat offender; thus, there is no showing he is likely to prevail; (2) there will be no irreparable injury to Mr. Deimler if the supersedeas is not granted, since the Station is under suspension for earlier violations; (3) continued activity by Mr. Deimler would "substantially harm other interested parties in the proceedings" by allowing a business which violates PennDOT regulations to continue operating; and (4) Mr. Deimler's continued activity would adversely affect the public interest by potentially allowing dishonest individuals to reduce the effectiveness of the regulations; cast doubt on the honesty and fairness of the program; and unfairly compete with honest businesses. 11. Sections 4724 and 4726 of the Vehicle Code, 75 Pa.C.S. § 4724(b) and § 4726(b), require the Court, upon petition, to schedule a hearing on the merits upon 60 days written notice to the Department. Based on the forgoing, the Department asks that Mr. Deimler's request for a supersedeas be denied and that a hearing on the merits be scheduled with 60 days notice to the Department. For the Department: lo--7 Date David Markowitz, Assistan Counsel Attorney I.D. 84224 1101 S. Front St.-3'd Floor Harrisburg, PA 17104-2516 (Phone) 717-787-2830 (Fax) 717-705-1122 S (S /a -7 GG? 4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 March 26, 2007 Stanley Deimler Deimler Automotive-OIS#6359 Oper#19-977-439 110 State Highway Enola, PA 17025 ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Emission Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended permanently: six (6) months and $1,000 fine for inspection by uncertified inspector (Andrew C. Smith, Oper#28- 345-889) and permanent and $5,000 fine for fraudulent record keeping (signing for inspection you did not perform). Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of permanent and $6,000 fine. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certificate(s) of Appointment, all emission inspection stickers, other related emission items and a check or money order made out to the Commonwealth of Pennsylvania. Your emissions inspection equipment will be locked out from performing official emissions testing for the duration of this suspension. You have the right to appeal this Departmental Order of Suspension and Fine, to the court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE 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. FILING 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 and the fine, must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles 6Xn I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 March 26, 2007 Stanley Deimler RE: Oper#19-977-439 110 State Highway Enola, PA 17025 (Deimler Automotive-OIS#63 59) ORDER OF SUSPENSION OF OFFICIAL EMISSIONS INSPECTOR Your are hereby notified. that your certification as an Official Emissions Inspector is suspended, pursuant to Section 4726 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your certification as -an Official Emissions Inspector is suspended for one (1) year for fraudulent record keeping (signing for inspection you did not perform). Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of one (1) year. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Emissions Inspector Certification Card. Upon the completion of your suspension, your inspector certification card will be returned to you. 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 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. FILING 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: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S Front Street, 3'd Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles C COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 October 9, 2006 Stanley Deimler Deimler Automotive-OIS#6359 110 State Highway Enola, PA 17025 ORDER OF FINE AND SUSPENSION OF OFFICIAL EbUSSION INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Emission Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended for three (3) months for inspection by uncertified inspector (Bradley E. Metzger, Oper#21-425-746) and one (1) year and $2,50000 fine for fraudulent record keeping. Further, the Department is including in this offense, the lesser included offenses of improper security of certificate of inspection, improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of fifteen (15) months and $2,500.00 fine. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certificate(s) of Appointment, all emission inspection stickers, other related emission items and a?check or money order made out to the Commonwealth of Pennsylvania. Your emissions inspection equipment will be locked out from performing official emissions testing for the duration of this suspension- 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. In addition, your privileges will not be restored until all flues imposed are paid in MI. A check or money order may be submitted to the Department of Transportation, Vehicle Inspection Division, P. 0. Box 69003, Harrisburg, PA 17106-9003. You have the right to appeal this Departmental Order of Suspension and Fine, to the Court of Common Pleas of the County in which the above referenced inspection station is located, WrI H N THIRTY (30) DAYS OF THE 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. FILING 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 and the fine, must be sm-ved upon the Department at the mailing address listed below. MAILING ADDRESS: Dot of Transportation Chief Counsel's Office RiverBront Office Canter 1101 S. Front Street, P Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles E y. 3 STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER' S AUTOMOTIVE, : Petitioner VS. Cammanwn ?f Pevir10"Kia ?n pepartme COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Respondent yahl?t & Traffic L&w Glvrs,cn IN RE: APPEAL FROM ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION AND ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION ORDER AND NOW, this day of April, 2007, after hearing, the appeal of petition, Stanley M. Deimler, Jr., from the orders of the Department of Transportation, dated October 9, 2006, is DENIED. Stanley M. Deimler, Jr. 110 State Highway Enola, PA 17025 David Markowitz, Esquire For PennDOT :rlm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6500 CIVIL t'-x I ? " C*PY M Teew 11 whel Of, I bane Na sal"hark: of OW CM(t at COOK Pa. BY THE COURT, VERIFICATION The undersigned having read the foregoing Response to Rule to Show Cause and states that the facts and language within are true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 of the Crimes Code (relating to unsworn falsification to authorities). Tuesday, May 15, 2007 David Markowitz, Assistant unsel PennDOT Office of Chief Counsel Vehicle and Traffic Law Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. No. 07-2277 Civil Term COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT Official Emission Inspection OF TRANSPORTATION, Station Suspension Appeal Respondent STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. No. 07-2278 Civil Term COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT Official Emission Inspector OF TRANSPORTATION, Suspension Appeal CERTIFICATE OF SERVICE I certify that I am serving a copy of the foregoing Response to Rule to Show Cause upon the following party by U.S.P.S. First Class Mail on the date specified below: Mr. Stanley M. Deimler 110 State Hwy. Enola, PA 17025 Tuesday, May 15, 2007 David Markowitz, Assistant C sel Attorney ID # 84224 PennDOT Office of Chief Counsel 1101 S. Front St.-3rd Floor Harrisburg, PA 17104-2516 Phone (717) 787-2830 Fax (717) 705-1122 y4_ {may .. .......1? i ,-C1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 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 No. 07-2277 Civil Term Official Emission Inspection Station Suspension Appeal No. 07-2278 Civil Term Official Emission Inspector Suspension Appeal ANSWER AND NEW MATTERS AND NOW, pursuant to an Order issued by this Court on May 4, 2007, Respondent, Pennsylvania Department of Transportation (PennDOT) answers two separate Appeals of Stanley M. Deimler from suspensions of his privileges as an official emission inspection station (Station) (Docket # 07-2277; Deimler Automotive, OIS # 6359) and his capacity as an official emission inspector (Mechanic) (Docket # 07-2278; Oper. # 19-977-439), in anticipation of a hearing on the merits. (Ex. 1.) Mr. Deimler's Station appeal does not challenge fines against the Station. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 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 No. 07-2277 Civil Term Official Emission Inspection Station Suspension Appeal No. 07-2278 Civil Term Official Emission Inspector Suspension Appeal ANSWER AND NEW MATTERS AND NOW, pursuant to an Order issued by this Court on May 4, 2007, Respondent, Pennsylvania Department of Transportation (PennDOT) answers two separate Appeals of Stanley M. Deimler from suspensions of his privileges as an official emission inspection station (Station) (Docket # 07-2277; Deimler Automotive, OIS # 6359) and his capacity as an official emission inspector (Mechanic) (Docket # 07-2278; Oper. # 19-977-439), requesting supersedeases staying the suspensions in anticipation of a hearing on the merits. (Ex. 1.) Mr. Deimler's Station appeal does not challenge fines against the Station. The supersedeas requests are separately addressed in PennDOT's Response to Rule to Show Cause, wherein the Department states its opposition. ANSWER. Since the averments in the two appeals are identical, and for brevity's sake, PennDOT responds to the numbered averments the appeals together and provides further factual averments in order to clarify issues for the Court's resolution: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. PennDOT admits suspending Mr. Deimler's Station privileges on March 26, 2007 pursuant to Section 4724 of the Vehicle Code, 75 Pa.C.S. § 4724 (relating to suspension of certificates of appointment), and PennDOT regulations, 177.602(a)(iii). However, Mr. Deimler's Station was suspended both for fraudulent recordkeeping and inspection by uncertified inspector, along with fines for both: Violation (Regulation Section) Term of Susy. Fine Fraudulent recordkeeping (2nd offense) Permanent $5,000.00 (67 Pa.Code § 177.602(a)(iii)) Inspection by uncert. inspector (2nd offense) 6 months $1,000.00 (67 Pa.Code § 77.602(a )(vii)) Total (served consecutively) Permanent $7,500.00 (Ex. 1; Deimler v. PennDOT, Cumberland CCP 07-2277 Civil Term.) As noted, these were both second offenses, resulting in enhanced penalties; the suspension for the first offenses (Ex. 2) was sustained by this Court, acting through the Honorable Kevin A. Hess, on April 18, 2007 (Ex. 3). 2 By separate order, also dated March 26, 2007, PennDOT suspended Mr. Deimler's Mechanic privileges for fraudulent recordkeeping pursuant to 75 Pa.C.S. § 4726 (relating to certification of mechanics) and 67 Pa.Code § 177.603(iii): Violation Regulation Section) Term of Suspension Fraudulent recordkeeping (1 st offense) 1 Year (67 Pa.Code § 177.603(iii)) (Ex. 4; Deimler v. PennDOT, Cumberland CCP 07-2278 Civil Term.) 5. Denied. After reasonable investigation, PennDOT is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded at trial. 6. Denied. As a repeat offender, Mr. Deimler's continued operation undermines the regulations PennDOT is required to enforce and represents a risk to the public. 7. Denied. After reasonable investigation, PennDOT is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded at trial. NEW MATTER I-MATERIAL FACTS RELATING TO THE STATION All previous averments are included by reference. 8. PennDOT emission regulations, 67 Pa.Code Chap. 177, define "fraudulent recordkeeping" as follows: Fraudulent recordkeeping-A recordkeeping entry not in accordance with fact, truth or required procedure that falsifies or conceals one or more of the following: (i) That a certificate of inspection was issued without compliance with the required inspection procedure. (ii) The number of inspections performed. (iii) The individuals or station that performed the inspection. 67 Pa.Code § 177.601. 3 9. "Inspection by uncertified inspector," a violation set forth at 67 Pa.Code § 177.602(a)(vii) (for stations), is not separately defined, but the meaning is plain. 10. On September 6, 2007, a Quality Assurance Officer (QAO) for PennDOT undertook a covert audit of Mr. Deimler's Station as required by PennDOT. 11. As part of the covert audit, the QAO brought a vehicle (a 1995 Mercury Tracer) to the Station for inspection, posed as a regular customer, and observed the conditions and events in the Station related to the inspection. 12. The QAO, who is certified as an official emission inspection mechanic, checked the audit status of the vehicle just prior to the audit, confirming that it was in "passing condition." 13. The QAO asked a woman at the Station who it was that performed emission inspections, and was told that Stanley Deimler, Jr., did, but that he was not at the station. 14. A man at the station said Mr. Deimler was out on a test drive and called him on his cell phone. 15. Another man, who identified himself as Andrew, told the QAO that he could perform the emission test and to pull her car into the garage. 16. Andrew was later confirmed to be Andrew Smith, Oper. # 28-345-889; Mr. Smith is not a certified as an official emission inspection mechanic by the Commonwealth of Pennsylvania; the inspection by Mr. Smith violates 67 Pa.Code § 177.408(a), which requires that "personnel who perform emission inspections at each emission inspection station will be certified by The Department as emission inspectors. The emission inspection shall be completely performed by certified emission 4 inspectors...."; § 177.408(c) (relating to certified emission inspector requirements); and § 177.602(a)(vii)(relating to inspection by uncertified inspector). 17. The QAO watched as Andrew performed the I/M (Inspection- Maintenance) test; Andrew did not open the hood or look under the vehicle, as required for the emission inspection procedure. 18. Andrew scraped the previous emission inspection sticker off the windshield and placed a new one on, # IM68170743; this violates 67 Pa.Code § 177.291(f )(2), which provides that "[i]t shall be the responsibility of the certified emission inspector to affix the certificate of emission inspection. Only the certified emission inspector who performed the entire emission inspection shall affix the certificate of emission inspection to the vehicle." (emphasis supplied.) 19. The Vehicle Inspection Report (VIR) (Ex. 5), a document reporting data recorded during the inspection printed by the analyzer (a networked computer on which inspection information is entered), indicated that Andrew manually entered into the analyzer that Mr. Deimler was the inspector who performed the inspection; this would have been accomplished by typing or swiping of a scanner card. This violates 67 Pa.Code § 177.408(a), which requires that "personnel who perform emission inspections at each emission inspection station will be certified by The Department as emission inspectors. The emission inspection shall be completely performed by certified emission inspectors...."; § 177.408(c) (relating to certified emission inspector requirements); § 177.408(d), which requires that "[w]hile conducting inspections, a certified emission inspector shall have in his possession a currently valid 5 inspector emission certification card issued by the Department." and § 177.602(a)(vii) (relating to inspection by uncertified inspector). 20. The sticker and VIR (Ex. 3) both were signed as Stanley Deimler, even though he did not perform the inspection; this violates 67 Pa.Code § 177.252(a)(3), which requires that that a VIR shall include "[t]he name, identification number and signature of the individual(s) performing the tests." 21. Andrew entered into the analyzer that the Air Injection System passed; the covert QAO had confirmed that the correct entry would have been N/A (Not Applicable), as would occur when a vehicle lacked an air injection system; this is clearly an incorrect recordkeeping entry. 22. For the Station, the fraudulent recordkeeping and inspection by uncertified inspector both constitute second violations, requiring enhanced penalties. 67 Pa.Code § 177.602(a)(iii) and (vi). NEW MATTER H -MATERIAL FACTS RELATED TO MECHANIC All previous averments are included by reference. 23. The definition for fraudulent recordkeeping is set forth in Paragraph 8, above. See 67 Pa.Code § 177.601. 24. During a follow-up overt (non-covert) audit by another QAO, Andrew Smith said Mr. Deimler told him to get a sticker; Mr. Deimler then signed the sticker, logged into the analyzer as himself and had Andrew Smith perform the test, but later signed the VIR; this violates 67 Pa.Code § 177.252(a)(3), which requires that that a VIR shall include "[t]he name, identification number and signature of the individual(s) performing the tests"; § 177.408(a), which requires that "the emission inspection shall be 6 completely performed by certified emission inspectors...."; and § 177.602(a)(vii) (relating to inspection by uncertified inspector). 25. Mr. Smith also said Mr. Deimler was training him to do inspections, indicating knowledge that Mr. Smith was not certified. 26. If the statements of Mr. Smith are accepted as true, fraudulent recordkeeping is established through Mr. Deimler's signature of a VIR for an emission inspection that he did not perform and participation in the falsification of information as to who performed the inspection. 27. Even without the statement of Mr. Smith, it is clear that Mr. Deimler allowed and encouraged the use of his identification card or information by another individual, who was not certified as an emission inspector, both (1) to record fraudulent information concerning the identity of the person performing the test and (2) to falsify or conceal the truth about the fact that the test was not conducted in conformity with procedures. 27. PennDOT notes that, as mentioned in Paragraph 4, above, these are Mr. Deimler's second offenses as a Station for fraudulent recordkeeping and inspection by uncertified inspector. (See Ex. 2; Ex. 3). See also Deimler v. PennDOT, Cumberland CCP No. 06-6500 Civil Term. 28. In the earlier appeal, Mr. Deimler allowed an uncertified mechanic named Bradley E. Metzger to perform multiple safety and emission inspections on vehicles at the Station using Mr. Deimler's credentials. 29. The Honorable Kevin A. Hess, by Order dated April 18, 2007, sustained PennDOT's Order of Suspension. 7 31. It is not possible for Mr. Deimler to claim that he was not aware of, or participate in, these illegal inspections, since they are (1) recorded for his review at any time; (2) are part of the business of the station; and (3) are part of a pattern of business practice at this station. NEW MATTER III-SCHEDULING OF HEARING ON THE MERITS 32. Sections 4724 and 4726 of the Vehicle Code, 75 Pa.C.S. § 4724(b) and § 4726(b), require the Court, upon petition, to schedule a hearing on the merits upon 60 days written notice to PennDOT. WHEREFORE, in view of the foregoing, Department moves that Mr. Deimler's requests for supersedeases be denied; that a hearing on the merits be scheduled upon 60 days notice to the Department; and that the suspensions of the Station and Mechanic be affirmed and Mr. Deimler's appeals be dismissed. For PennDOT: ?-7 m --Vx'?-L - Date David Markowitz, Assist ounsel Attorney I.D. 84224 1101 S. Front St.-3'd Floor Harrisburg, PA 17104-2516 (Phone) 717-787-2830 (Fax) 717-705-1122 8 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 March 26, 2007 Stanley Deimler Deimler Automotive-OIS#6359 Oper#19-977-439 110 State Highway Enola, PA 17025 ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Emission Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended permanently: six (6) months and $1,000 fine for inspection by uncertified inspector (Andrew C. Smith, Oper#28- 345-889) and permanent and $5,000 fine for fraudulent record keeping (signing for inspection you did not perform). Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of permanent and $6,000 fine. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certificate(s) of Appointment, all emission inspection stickers, other related emission items and a check or money order made out to the Commonwealth of Pennsylvania. Your emissions inspection equipment will be locked out from performing official emissions testing for the duration of this suspension. You have the right to appeal this Departmental Order of Suspension and Fine, to the court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE 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. FILING 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 and the fine, must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3'd Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles 6?<. ? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG.) PA 17104 October 9, 2006 Stanley Deimler Deimler Automotive-OIS#6359 110 State Highway Enola, PA 17025 ORDER OF FINE AND SUSPENSION OF OFFICIAL ENUSSION INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Emission Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended for three (3) months for inspection by uncertified inspector (Bradley E. Metzger, Oper#21-425-746) and me (1) year and $2,500.00 fine for fraudulent record keeping. Further, the Department is including in this offense, the lesser included offenses of improper security of certificate of inspection, improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of fifteen (15) months and $2,500.00 fine. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certificate(s) of Appointment, all emission inspection stickers, other related emission items and Ncheck or money order made out to the Commonwealth of Pennsylvania. Your emissions inspection equipment will be locked out from performing official emissions testing for the duration of this suspension. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Officer for react. A complete and thorough investigation may be conducted to determine if you are qualified for reappointment. In addition, your privileges will not be restored until all fines imposed are paid in fall. A check or money order may be submitted to the Department of Transportation, Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106-9003. You have the right to appeal this Departmental Order of Suspension and Fine, to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. If you do file an appeal, a signed and tune-stamped copy of the appeal must be served upon the Department at the mailing address listed below. FILING 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 and the fine, must be served upon the Department at the marling address listed below. MAILING ADDRESS: Department of Transportation Chief Counsel's Office River&ont Office Center 1101 S. Front Street, P Floor Harrisburg, PA 17104-2416 Sincerely, Kurt L Myers, Director Bureau of Motor Vehicles STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF d/b/a LEMOYNE AUTO SERVICE : CUMBERLAND COUNTY, PENNSYLVANIA d/b/a DEIMLER'S AUTOMOTIVE, : Petitioner CIVIL ACTION - LAW NO. 06-6500 CIVIL VS. Cpmmoojealth of Pelin*ania Department of TMISP Ortaf;an COMMONWEALTH OF PA, 2Q?7 DEPARTMENT OF APR 1 $ TRANSPORTATION, of chief C-04115111 Respondent VeWilde at Traffic, Law 5V''Gn IN RE: APPEAL FROM ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION AND ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION ORDER r AND NOW1 this day of April, 2007, after hearing, the appeal of petition, Stanley M. Deimler, Jr., from the orders of the Department of Transportation, dated October 9, 2006, is DENIED. Stanley M. Deimler, Jr. 110 State Highway Enola, PA 17025 David Markowitz, Esquire For PennDOT Am rME CO" Ram Y?wh?eof, ? h®re Ia?o set my ham : #V so of "M coun a QWW 11$.. / n Luc PA. BY THE COURT, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 March 26, 2007 Stanley Deimler RE: Oper#19-977-439 110 State Highway Enola, PA 17025 (Deimler Automotive-OIS#6359) ORDER OF SUSPENSION OF OFFICIAL EMISSIONS INSPECTOR Your are hereby notified that your certification as an Official Emissions Inspector is suspended, pursuant to Section 4726 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your certification as -an Official .Emissions Inspector is suspended for one (1) year for fraudulent record keeping (signing for inspection you did not perform). Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will run consecutively, for a total suspension of one (1) year. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Emissions Inspector Certification Card. Upon the completion of your suspension, your inspector certification card will be returned to you. 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 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. FILING 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. MAILI14G ADDRESS: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S Front Street, Yd Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles COMMONWEALTH OF PENNSYLVANIA YI I???Mf?I,I,EIIA??tl?Yl VIN: 3MASMIOJOSR625514 VEHICLE EMISSIONS INSPECTION REPORT ??IY?A?IWINW??PY Test Start Date/Time:09106/2006 012:114 Title: 4883123640 VEHICLE INFORMATION Year: 1995 Make: MERCURY Model: TRACER VIN: 3MASMIOJOSR625514 Engine Size: 2.9 L Cylinders: 4 Odometer: 83391 GVWR: 0000 Estimated Test Weight: 0000 License: GLH2161 Inspection Type: INITIAL Record Number: 001639 County: CUMBERLAND. EMISSIONS CONTROL SYSTEMS VISUAUFUNCTIONAL INSPECTION Air Injection System PASS Catalytic Converter PASS Fuel Cap Integrity: ! PASS PCV Valve PASS Fuel Inlet Restrictor PASS Exhaust Gas Recirculation PASS Fuel Evaporation Control PASS vOBD EMISSIONS INSPECTION MIL BULB KOEO: NA OBD FAULT CODE RESULT: NA MIL BULB KOER: NA OBD READINESS RESULT NA MIL COMMAND STATUS: NA OBD-I/M CHECK RESULT: NA OVERALL TEST RESULTS: PASSED Emissions Control Systems Visual/Functional Inspection: PASS OBD Emissions Inspection: NA Sticker: IM68170743 TIN: 345127355394 RETAIN THIS DOCUMENT FOR YOUR RECORDS Vehicle tested in accordance with Pa. Code Title 67. Chapter 177 EMISSIONS INSPECTION STATION STATION #: 6359 STATION NAME: LiMOYNE AUTO SERVICE INSPECTOR NAME: STANLEY DEIMLER JR ADDRESS: 2236 OLD GMYSBUR? RD ,CAMP HILL 17011 PHONE: 7177314770 EQUIPM04T SE006693 SOFTWARE VERSION: 06.02 VEHICLE EMISSIONS INSPECTION QUESTIONS: For Inspector's additional information, please contact the Customer Hotline at Signature: (600) 265-0921. i VERIFICATION The undersigned having read the foregoing Answer and New Matters and states that the facts and language within are true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 of the Crimes Code (relating to unworn falsification to authorities). May 15, 2007 r David Markowitz, Assistant ounsel PennDOT Office of Chief counsel Vehicle and Traffic Law Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEU*ALER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : No. 07-2277 Civil Term : Official Emission Inspection : Station Suspension Appeal STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. • No. 07-2278 Civil Term COMMONWEALTH OF . PENNSYLVANIA, DEPARTMENT Official Emission Inspector OF TRANSPORTATION, Suspension Appeal CERTIFICATE OF SERVICE I certify that I am serving a copy of the foregoing Respondent Commonwealth of Pennsylvania, Department of Transportation's Answer and New Matters upon the following party by U.S.P.S. First Class Mail on the date specified below: Mr. Stanley M. Deimler 110 State Hwy. Enola, PA 17025 Tuesday, May 15, 2007 5 l (s(0I Gux David Markowitz, Assis ounsel Attorney ID # 84224 PennDOT Office of Chief Counsel 1101 S. Front St.-3`d Floor Harrisburg, PA 17104-2516 Phone (717) 787-2830 F 717) 705-1122 C-7 C'- _--' ..-?I -r; t _- ? ` ?J? i ?t) STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERIVCE, d/b/a DEIMLER'S AUTOMOTIVE PETITIONER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOF TRANSPORTATION RESPONDENT STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE, d/b/a DEIMLER'S AUTOMOTIVE PETITIONER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL EMISSIONS INSPECTOR SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT NO. 07-2278 CIVIL ORDER OF COURT AND NOW, this 21St day of May, 2007, upon consideration of the Appeals of Petitioner Stanley M. Deimler from Orders of Respondent Commonwealth of Pennsylvania, Department of Transportation (PennDOT) suspending his certificate of appointment as an official emission inspection station (Docket No. 07-2277; Deimler Automotive, OIS # 6359) and his certification as an official emissions inspector (Docket No. 07-2278; Oper. # 19-977-439); the Answer and New Matter by R4pondent PennDOT; IT IS HERE BY ORDERED AND DIRECTED that Petitioner's requests for supersedeases staying imposition of the suspensions are DENIED. In accordance with Sections 4724 and 4726 of the Vehicle Code, 75 Pa.C.S. § 4724(b) and § 4726(b), which require the Court to schedule a hearing on the merits upon 60 days written notice to the Department, ,?;°i, eta + L •.': ? ? ;:-? R , _ W EA ?o i IT IS FURTHER ORDERED that a consolidated hearing on the merits for both appeals is hereby scheduled for Tuesday, July 17, 2007 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Stanley M. Deimler, Petitioner David Markowitz, Esquire Assistant Counsel, PennDot bas J 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTION BUREAU OF MOTOR VEHICLES STATION SUSPENSION APPEAL Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION APPEAL Respondent MOTION FOR CONTINUANCE AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, by and through its attorney, Matthew X. Haeckler, Esquire, Assistant Counsel In Charge, respectfully requests that the hearing scheduled in the above referenced matter for July 17, 2007, be continued and rescheduled as follows: 1. The above referenced matters are appeals a suspension of a certificate of appointment as an official emission inspection station and a suspension of a certificate of appointment as an official emission inspector. 2. The above referenced matters are currently scheduled for a hearing at 3 PM on July 17, 2007. 3. The Department's witness in this matter, Joyce Park, was a quality assurance officer for Parsons, a company under contract with the Department. Ms. Park is no longer employed by Parsons. Ms. Park is a necessary witness. 4. The undersigned was able to contact Ms. Park and Ms. Park is willing to testify, however, she is not available to testify on July 17, 2007. 5. There have been no previous continuances in this matter. 6. The undersigned contacted Petitioner Stanley M. Deimler by telephone and Mr. Deimler does not oppose the Department's request for a continuance. Wherefore, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, respectfully requests that the hearing scheduled in the above-referenced matter for Monday January 28, 2002, be continued and rescheduled at the Court's convenience. Respectfully submitted, Matthew X. Haeckler Assistant Counsel In Charge Motor Vehicle Section IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTION BUREAU OF MOTOR VEHICLES STATION SUSPENSION APPEAL Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION APPEAL Respondent VERIFICATION MATTHEW X. HAECKLER, Esquire, hereby verifies that the facts and information set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. This verification is made with the knowledge of the penalties set forth in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Matthew X. Haeckler Assistant Counsel in Charge Motor Vehicle Section For the Department of Transportation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTION BUREAU OF MOTOR VEHICLES STATION SUSPENSION APPEAL Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Respondent NO. 07-2278 CIVIL TERM OFFICIAL EMISSION INSPECTOR SUSPENSION APPEAL PROOF OF SERVICE I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing Motion upon the person and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ.P. 440: First Class Mail; Postage Pre-Paid Addressed as Follows Stanley M. Deimler 110 State Highway Enola, PA 17025 Matthdw- X. aeckler Assistant Counsel in Charge Department of Transportation Date: July 17, 2007 ?? ?? C?. ,_,, r._? --i -i' -T-t ter;, ?? _:._ ....3 _ ? . ? -'a r_:• ? `" i . ...rn --1 ? `.i7 ?-c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. : NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTION BUREAU OF MOTOR VEHICLES STATION SUSPENSION APPEAL Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION APPEAL Respondent ORDER AND NOW, this day of 2007, upon motion of the Department of Transportation, the hearing scheduled in the above referenced matters for Tuesday, July 17, 2007 at 3:00 p.m. is continued and rescheduled for the - 16P?--day of `n D ylh-6Lfv , 2007, at : 3 D .m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: ATTEST: Copies to: Matthew X. Haeckler, Esquire, Office of Chief Counsel, PENNDOT, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Stanley M. Deimler, 110 State Highway, Enola, PA 17025 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION APPEAL Respondent MOTION FOR CONTINUANCE AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, by and through its attorney, Matthew X. Haeckler, Esquire, Assistant Counsel In Charge, respectfully requests that the hearing scheduled in the above referenced matter for July 17, 2007, be continued and rescheduled as follows: 1. The above referenced matters are appeals a suspension of a certificate of appointment as an official emission inspection station and a suspension of I a certificate of appointment as an official emission inspector. 2. The above referenced matters are currently scheduled for a hearing at 3 PM on July 17, 2007. 3. The Department's witness in this matter, Joyce Park, was a quality assurance officer for Parsons, a company under contract with the Department. Ms. Park is no longer employed by Parsons. Ms. Park is a necessary witness. 4. The undersigned was able to contact Ms. Park and Ms. Park is willing to testify, however, she is not available to testify on July 17, 2007. 5. There have been no previous continuances in this matter. 6. The undersigned contacted Petitioner Stanley M. Deimler by telephone and Mr. Deimler does not oppose the Department's request for a continuance. Wherefore, the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, respectfully requests that the hearing scheduled in the above-referenced matter for be continued and rescheduled at the Court's convenience. Respectfully submitted, Matthew X. Haeckler Assistant Counsel In Charge Motor Vehicle Section IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTION BUREAU OF MOTOR VEHICLES STATION SUSPENSION APPEAL Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. : NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION APPEAL Respondent VERIFICATION MATTHEW X. HAECKLER, Esquire, hereby verifies that the facts and information set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. This verification is made with the knowledge of the penalties set forth in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Matthew X. Haeckler Assistant Counsel in Charge Motor Vehicle Section For the Department of Transportation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTION BUREAU OF MOTOR VEHICLES STATION SUSPENSION APPEAL Respondent STANLEY M. DEIMLER, JR. d/b/a LEYMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, ' : DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION APPEAL Respondent PROOF OF SERVICE I hereby certify that I have on this day and date duly served a true and correct copy of the foregoing Motion upon the person and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ.P. 440: First Class Mail; Postage Pre-Paid Addressed as Follows Stanley M. Deimler 110 State Highway Enola, PA 17025 Matth w X. aeckler Assistant Counsel in Charge Department of Transportation Date: July 17, 2007 fi?. ? ? v -?? ? t3` OtJ V G 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 OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL NO. 07-2277 CIVIL STANLEY M. DEIMLER, JR., IN THE COURT OF COMMON PLEAS OF d/b/a LEMOYNE AUTO SERVICE, CUMBERLAND COUNTY, PENNSYLVANIA d/b/a DEIMLER'S AUTOMOTIVE, Petitioner OFFICIAL EMISSION INSPECTOR V. SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : Respondent NO. 07-2278 CIVIL ORDER OF COURT AND NOW, this 19th day of November, 2007, after hearing in the above-captioned matters, the Court does find by a preponderance of the evidence that the Defendant has sustained its burden. Accordingly the previous suspensions of Mr. Deimler and the station are affirmed. Mr. Deimler's appeal is dismissed. By the Court, \,\X, -?_ ??A \ - M. L. Ebert, Jr. J. tanley M. Deimler, Jr. Pro se ristopher J. Johnson, Esquire v For the Respondent :lfh ' :vof U 5 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, ftREAU OF MOTOR VEHICLES Respondent STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, NO. 07-2277 CIVIL TERM OFFICIAL EMISSION INSPECTION STATION SUSPENSION NOTICE OF APPEAL NO. 07-2278 CIVIL TERM DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION Respondent NOTICE OF APPEAL NOTICE OF APPEAL ft itioner Stanley M. Deimler, Jr., hereby gives Notice of his appeal to the Commonwealth Court of Pennsylvania from an order dated November 19, 2007 as rendered by Judge M. L. Ebert, Jr., on the above-captioned matter(s). Wey M. Deimler, Jr., pro se 110 State Highway, Enola, Pa. 17025 (717) 732-3885 ?'' 15592312192007 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 2&07-02277 DEIMLER STANLEY M JR ET AL (vs) PENNSYLVANIA COMMONWEALTH OF Reference No... Filed......... 4/20/2007 Case Type.....: APPEAL - LICENSE SUSP Time.........: 8:43 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info DEIMLER STANEEY M JR APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 LEMOYNE AUTO SERVICE APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 DEIMLER'S AUTOMOTIVE APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17104 2416 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - 4/20/2007 APPEAL FROM SUSPENSION AS OFFICIAL EMISSION INSPECTION STATION AND PETITION FOR ORDER TO STAY THE SUSPENSION PENDING THE APPEAL FILED BY STANLEY M DEIMLER JR PLFF ------------------------------------------------------------------- 5/01/2007 ORDER OF COURT - 05-01-07 - IN RE: ORDERED: 1-RULE ISSUED UPON RESPONDENT TO SHOW CAUSE WHY RELIEF REQUESTED BY PETITIONER SHOULD NOT BE GRANTED 2-RESPONDENT WILL FILE ANSWER ON OR BEFORE 05-15-07 3-IF NO ANSWER TO RULE TO SHOW CAUSE IS FILED BY REQUIRED DATE - RELIEF REQUESTED BY PETITIONER SHALL BE GRANTED UPON COURT'S RECEIPT OF A MOTION REQUESTING RULE BE MADE ABSOLUTE - IF RESPONDENT FILES ANSWER TO RULE AND ANDSWER RAISES DISPUTED ISSUES OF MATERIAL FACT - AN EVIDENTIARY HEARING WILL THEN BE SCHEDULED 4-***PROTHONOTARY DIRECTED TO FORWARD SAID ANSWER TO THIS COURT - BY M L EBERT JR J - COPIES MAILED 05-01-07 ------------------------------------------------------------------- 5/15/2007 RESPONSE TO RULE TO SHOW CAUSE - BY DAVID MARKOWITZ ASST COUNSEL ------------------------------------------------------------------- 5/15/2007 ANSWER AND NEW MATTER - BY DAVID MARKOWITZ ASST COUNSEL FOR PENN DOT ------------------------------------------------------------------- 5/21/2007 ORDER OF COURT - 05-21-07 - IN RE: ORDERED THAT PETITIONER'S REQUESTS FOR SUPERSEDEASES STAYING IMPOSITION OF THE SUSPENSIONS ARE DENIED - HEARING ON MERITS FOR BOTH APPEALS (DOCKET # 07-2277 & 07-2278) ON 07-17-07 AT 3 PM IN CR 5 CUMB CO COURTHOUSE - BY M L EBERT JR J - COPIES MAILED 05-22-07 ------------------------------------------------------------------- 7/17/2007 MOTION FOR CONTINUANCE - BY MATTHEW X HAECKLER ASSISTANT COUNSEL IN CHARGE MOTOR VEHICLE SECTION ------------------------------------------------------------------- 7/17/2007 ORDER - DATED 07-17-07 - IN RE: HEARING SCHEDULED FOR 07-17-07 AT 3:00 PM IS CONTINUED TO 11-19-07 AT 1:30 PM IN COURTROOM NO 5 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY M L EBERT JR J - COPIES MAILED 07-18-07 ------------------------------------------------------------------- 12/03/2007 ORDDERMOF COURT - 11/19/07I MRE: MR AILED DEIML R'S APPEAL IS DISMISSED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** 15592312192007 Cumberland County Prothonotary's Office Page 2 PYS510 Civil Case Print 2607-02277 DEIMLER STANLEY M JR ET AL (vs) PENNSYLVANIA COMMONWEALTH OF Reference No... Filed......... 4/20/2007 Case Type.....: APPEAL - LICENSE SUSP Time.........: 8:43 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: ------------ Case Comme t --- Disposed Date. 0/00/0000 n s -------- -- Higher Crt 1.: Higher Crt 2.: * Escrow Information * * Fees & Debits Beq Bal *************************** Pymts/Ad? End Bal ***** *** * ** * * ****** ********************* ********** APPEAL LIC SUSP 55.00 55.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 ---------- 10.00 .00 ---- 78.50 ---------- ------------ 78.50 .00 *************************************** ******************************* ********** * End of Case Information ********************************************************************** ********** ? ...............,v 15593412192007 Cumberland County Prothonotary's Office Page PYS510 Civil Case Print 2007-02278 DEIMLER STANLEY M JR ET AL (vs) PENNSYLVANIA COMMONWEALTH OF Reference No... Case Type.....: APPEAL - LICENSE SUSP Judgment...... .00 Judge Assigned: EBERT M L JR Disposed Desc.: ------------ Case Comments ------------- Filed........ . 4/20/2007 Time.......... 8:42 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Higher Crt 2.: 1 ******************************************************************************** General Index Attorney Info DEIMLER STANLEY M JR APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 LEMOYNE AUTO SERVICE APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 DEIMLER'S AUTOMOTIVE APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17104 2416 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - 4/20/2007 APPEAL FROM SUSPENSION AS OFFICIAL EMISSION INSPECTOR AND PETITION FOR ORDER TO STAY THE SUSPENSION PENDING THE APPEAL FILED BY STANLEY DEIMER M JR PLFF ------------------------------------------------------------------- 5/01/2007 ORDER OF COURT - 05-01-07 - IN RE ORDERED: 1-RULE ISSUED UPON RESPONDENT TO SHOW CAUSE WHY RELIEF REQUESTED SHOULD NOT BE GRANTED 2-RESPONDENT WILL FILE AN ANSWER ON OR BEFORE 05-15-07 3-IF NO ANSWER TO RULE TO SHOW CAUSE IS FILED BY REQUIRED DATE -RELIEF REQUESTED BY PETITIONER SHALL BE GRANTED UPON THE COURT'S RECEIPT OF A MOTION REQUESTING RULE BE MADE ABSOLUTE - IF RESPONDENT FILES ANSWER AND IT RAISES DISPUTED ISSUES OF MATERIAL FACT - AN EVIDENTIARY HEARING WILL THEN BE SCHEDULED - 4-***PROTHONOTARY IS DIRECTED TO FORWARD SAID ANSWER TO THIS COURT - BY M L EBERT JR J - COPIES MAILED 05-01-07 ------------------------------------------------------------------- 5/15/2007 RESPONSE TO RULE TO SHOW CAUSE - BY DAVID MARKOWITZ ASST COUNSEL FOR PENNDOT ------------------------------------------------------------------- 5/15/2007 ANSWER AND NEW MATTER - BY DAVID MARKOWITZ ASST COUNSEL FOR PENNDOT ------------------------------------------------------------------- 5/21/2007 ORDER OF COURT - 05-21-07 - IN RE: PETITIONER'S REQUESTS FOR SUPERSEDEASES STAYING IMPOSITION OF THE SUSPENSIONS ARE DENIED - HEARING ON THE MERITS FOR BOTH APPEALS ( DOCKET #07-2277 & 07-2278) SCHEDULED 07-17-07 AT 3 PM IN CR 5 CUMB CO COURTHOUSE - BY M L EBERT JR J - COPIES MAILED 05-22-07 ------------------------------------------------------------------- 7/17/2007 MOTION FOR CONTINUANCE - BY MATTHEW X HAECKLER ASSISTANT COUNSEL IN CHARGE MOTOR VEHICLE SECTION ------------------------------------------------------------------- 7/17/2007 ORDER - DATED 07-17-07 - THE HEARING SCHEDULED FOR 07-17-07 AT 3:00 PM IN CONTINUED TO 11-19-07 AT 1:30 PM IN COURTROOM NO 5 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY M L EBERT JR J - COPIES MAILED 07-18-07 ------------------------------------------------------------------- 12/03/2007 ORDER OF COURT - 11/19/07 IN RE: MR DEIMLER'S APPEAL IS DISMISSED - BY M L EBERT JR J - COPIES MAILED 12/3/07 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** 15593412192007 Cumberland County Prothonotary's Office Page PYS510 Civil Case Print 2007-02278 DEIMLER STANLEY M JR ET AL (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Case Type.....: APPEAL - LICENSE SUSP Filed......... 4/20/2007 Time.......... 8:42 2 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments -- ---------- - Higher Crt 1.: Higher Crt 2.: * Escrow Information * Fees & Debits ****************************** BP Bal * Pmts/Ad? End Bal * *** *** * ****** *** **************************** APPEAL LIC SUSP 55.00 55.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE ----- 10.00 10.00 .00 ---------- 78.50 --------- -- 78.50 ---------- .00 ******************************************************************************** * End of Case Information in TTRI?$ C PY FROM k9tORD ,mf + M4, 4 hem , 9 my hand and the' ',e I R#f 4?d rCmW tft 6"1*, fa. This ..............1:.:::.#...: z ........ r r rt... .... i i6b1tMI???Y A • 4N TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR-, dJbla LEMOYNE AUTO SERVICE d/b/a/ DEIMLER' S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, OFFICIAL EMISSION INSPECTION DEPARTMENT OF TRANSPORTATION, STATION SUSPENSION BUREAU OF MOTOR VEHICLES NOTICE OF APPEAL Respondent STANLEY M. DEIMLER, JR., dlbla LEMOYNE AUTO SERVICE d/blal DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION Respondent NOTICE OF APPEAL CERTIFICATE OF SERVICE I, Stanley M. Deimler, Jr., on this 19`x' day of December 2007, do hereby certify that I served true and correct copies of the foregoing Notice of Appeal on the following by first class mail. Judge M. L. Ebert, Jr., One Courthouse Square Carlisle, Pa. 17013-3387 Office of Chief Counsel Department of Transportation 1101 South Front Street, 3`d Floor Harrisburg, Pa, 17104-2516 ?}'0 ey M. Dein1ler, Jr., pro se IZ'° State Highway, Date Enola, Pa. 17025 (717) 732-3885 4 G ' ?r "'' 5 J li ? Y Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 5012 - 10/99 10/1/99 Commonwealth Court of Pennsylvania www.aopc.org December 21, 2007 RE: Deimler, Jr. v. DOT No.: 2306 CD 2007 Agency Docket Number: 07-2277 Civil Term 07-2278 Civil Term Filed Date: December 19, 2007 Notice of Docketing Appeal A Notice of Appeal from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within sixty (60) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Party Name Party Type Stanley M. Deimler, Jr. Stanley M. Deimler Appellant Terrance M. Edwards, Esq. Bureau of Motor Vehicles Appellee Address all written communications to: Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Irvis Office Building Harrisburg, PA 17120 (717) 255-1650 Filings may be made in person at the following address (except on Saturdays, Sundays and holidays observed by Pennsylvania Courts) between 9:00 a.m. and 4:00 p.m. Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Sixth Floor Irvis Office Building Harrisburg, PA 17120 (717) 255-1650 Pleadings and similar papers (but not paperbooks or certified records) may also be filed in person only at: Office of the Chief Clerk Commonwealth Court of Pennsylvania Filing Office Suite 990 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 560-5742 The hours of the Philadelphia Filing Office are 9:00 a.m. to 4:00 p.m. Under Pa.R.A.P. 3702, writs or other process issuing out of the Comonwealth Court shall exit only from the Harrisburg Office. r+a a ?'. •::, ? ?? n ? ? 1 ?,'f>s: ?. '.? F? •- +. STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent STANLLY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL NO. 07-2277 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL EMISSION INSPECTOR SUSPENSION APPEAL NO. 07--2778 CML ? ORDER OF COURT AND NOW, this 27"' day of December, 2007, the Court being in receipt of a Notice of Appeal in the above captioned matter, the Appellant is ordered to file with this Court a concise statement of matters complained of on appeal no later than January 8, 2008. Stanley M. Deimler, Jr., Pro Se Christopher J. Johnson, Esquire For the Commonwealth bas By the Court, M. L. Ebert, Jr., J. 010 i'F.S mill Lr ?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE DefendantlAppellant V. : NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : OFFICIAL EMISSION INSPECTION DEPARTMENT OF TRANSPORTATION, : STATION SUSPENSION BUREAU OF MOTOR VEHICLES : Pa.R.A.P 1925(b) RespondentlAppellee : Application for Enlargement of Time STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE DefendantlAppellant V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES : SUSPENSION RespondentlAppellee . Pa.R.A.P.1925(b) : Application for Enlargement of Time ArPUCA110N fOR ENLANK=T OF ME Fog FILING COCISE T ._EMZNT OF MATTERS COMP MED, UPON ON APPEAL Appellant Stanley M. Deimler, Jr., Pursuant to Pa. Rules of Appellant Procedure 1925(b)(2) hereby serves this Application for an Enlargement of Time for filing Appellants Concise Statement of Matters Complained Upon on Appeal from Order(s) dated November 19, 2007 and December 27th, 2007 respectively, as rendered in the Court of Common Pleas of Cumberland County, Pennsylvania by Judge M.L. Ebert, Jr., on the above-captioned matter(s). Appellant hereby requests this Enlargement of time for the foregoing reasons. 1. The Court erred with extreme prejudice against Defendant/Appellant when it arbitrarily ordered Appellant to file this Concise Statement in violation of Pa.R.A.P 1925 as amended, forcing Appellant to answer within twelve (12) days of its final order where the rules clearly state at least twenty-one (21) days shall be provided. (Rule 1925(b)(2) 2. The Court erred with respect to the above by failing to specify the number of days after the entry of the Judge's order within which the Appellant must file and serve the "statement". (Rule 1925(b)(3xi) 3. Appellant cannot readily discern from the Judge's order, dated December 27, 2007 the basis of the judge's decision and as coupled to the lack of proper time provided and Appellant's inability to yet obtain the transcripts therefrom, 4. Appellant is seeking counsel and due to the time constraints improperly imposed, cannot secure his rights to address his grievances pursuant to the court's order. Wherefore, Defendant/Appellant Stanley M. Deimler, Jr., respectfully requests this Court to grant this Application for Enlargement of Time to allow Defendant/Appellant an additional twenty-one (21) days to properly address this Court's order for a Concise Statement of Matters Complained. Res fully S itted, itanlevy M. Deimler, Jr., pro se 110 State Highway, Enola, Pa. 17025 (717) 732-3885 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER' S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Respondent STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM OFFICIAL EMISSION INSPECTION STATION SUSPENSION Pa.R.A.P 1925 Application for Enlargement of Time NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Respondent OFFICIAL EMISSION INSPECTOR SUSPENSION Pa,R.A.P 1925 APPLICATION FOR ENLARGEMENT OF TIME CERTIFICATE OF SERVICE I, Stanley M. Deimler, Jr., on this 7th day of January 2008, do hereby certify that I caused to be served true and correct copies of the foregoing Application for Enlargement of Time for the filing of Defendant/Appellants Concise Statement of Matters Complained on the following by first class mail, in accordance with Pa.R.A.P 1112(c). Judge M. L. Ebert, Jr., One Courthouse Square Carlisle, Pa. 17013-3387 Office of Chief Counsel Department of Transportation 1101 South Front Street, 3`d Floor Harrisburg, Pa, 17104-2516 / -7 -off Date Respect 4beed, Stanley eimler, Jr., pro se 110 Sta e Highway, Enola, Pa. 17025 (717) 732-3885 c"`a 96 ° F `7 VV I STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent STANELY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL : NO. 07-2277 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL EMISSION INSPECTOR SUSPENSION APPEAL . 6KL Q7- IIFjC4VJL. ? ORDER OF COURT AND NOW, this 9t' day of January, 2008, upon consideration of Defendant/Appellant's Application for Enlargement of Time for filing his Concise Statement of Matters Complained of upon Appeal, IT IS HEREBY ORDERED AND DIRECTED that Stanley M. Deimler, Jr., Defendant/Appellant, shall file with this Court a Concise Statement of Matters Complained of on Appeal no later than January 31, 2008. By the Court, Stanley M. Deimler, Jr., Pro Se Christopher J. Johnson, Esquire For the Commonwealth bas ?k I ?-a M. L. Ebert, Jr., J. l?OifS rr??tt?, I /4/08 P.,S '0{ WV 6- NYf ODUZ t?ilU1v! 1 3Kl JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE . Petitioner V. ; NO. 07-2277 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, OFFICIAL EMISSION INSPECTION DEPARTMENT OF TRANSPORTATION, STATION SUSPENSION BUREAU OF MOTOR VEHICLES CONCISE STATEMENT OF MATTERS COMPLAINED Respondent STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER' S AUTOMOTIVE Petitioner V. NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OFFICIAL EMISSION INSPECTOR BUREAU OF MOTOR VEHICLES SUSPENSION Respondent CONCISE STATEMENT OF MATTERS COMPLAINED CONCISE STATEMENT OF MATTERS COMPLAINED Now comes Petitioner, Stanley M. Deimler, Jr., (hereinafter "Petitioner") who is neither an attorney, nor schooled in the law but appear for the time being, as a pro se defendant in submitting this Concise Statement of Matters Complained. Petitioner looks to the court to construe the use of phrases, terminology, case law and statues and their applicability in the light most favorable to the Petitioner. "Petitioner" respectfully requests the court's help in framing the issues and re- characterizing any pleadings pursuant to Haines v. Kerner 404 US 519 520, 30 L. Ed. 2d 652, 92 S. Ct. 594 (1972) (per curiam); Hughes v. Rowe, 449 U.S. 5, 10, 66 L. Ed. 2d 163, 101 S. Ct. 173 (1980) (per curiam); and Andrews v. United States, 373 U. S. 334, 10 L. Ed. 2d 383, 83 S. Ct. 1236 (1963). Petitioner Stanley M. Deimler, Jr now says: The court erred in allowing the Commonwealth to enter into evidence allegations of past convictions. This appears to have had a significant impact on the Court's decision. 2 The Court erred in allowing the Commonwealth to present (hearsay) testimony, which draws upon inferences and conclusions against the Petitioner as taken from out of Court statements purportedly made by the same person "Andrew"; who is alleged to have done the inspection, despite "Andrew" having provided a affidavit to the contrary, which was not allowed in support of Petitioner. 3 Petitioner clearly and unequivocally testified he performed the inspection, which remains undisputed. The Court however erred by arbitrarily deciding against Petitioner and/or by giving prejudicial weight to improper evidence as introduced by the Commonwealth, despite Petitioner's impeachment thereof. Whereas, Petitioner's statement to the contrary, is uncontroverted. 4 Petitioner's testimony casts doubt upon the Commonwealth's assertions as to what the Commonwealth could or should have been able to clearly see from their vantage point, and therefore Petitioner can find no proper or just reason the Court rejected Petitioner's testimony. 5 The Court erred in accepting the Commonwealth's allegation that "Andrew" signed the inspection sticker, despite Petitioner's rebuttal, and void of any independent opinion to confirm either. 6 The Court erred, knowing that Petitioner is/was a pro se Defendant, by not properly framing the issues. Respectfully Submitted, ley M. Deimler, Jr., pro se 110 State Highway, Enola, Pa. 17025 (717) 732-3885 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Respondent STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE d/b/a/ DEIMLER'S AUTOMOTIVE Petitioner V. NO. 07-2277 CIVIL TERM OFFICIAL EMISSION INSPECTION STATION SUSPENSION Concise Statement of Matters Complained NO. 07-2278 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES Respondent OFFICIAL EMISSION INSPECTOR SUSPENSION Concise Statement of Matters Complained CERTIFICATE OF SERVICE I, Stanley M. Deimler, Jr., on this 30'h day of January 2008, do hereby certify that I served true and correct copies of the foregoing Concise Statement of Matters Complained on the following by first class mail. Judge M. L. Ebert, Jr., One Courthouse Square Carlisle, Pa. 17013-3387 Office of Chief Counsel Department of Transportation 1101 South Front Street, 3`d Floor Harrisburg, Pa, 17104-2516 Date Resp 1 gtny S M. D, Jr., pro se 1 tate High, Enola, Pa. 17025 (717) 732-3885 STANELY M. DEIMLER, JR. : IN THE COURT OF COMMON PLEAS d/b/a/ LEMOYNE AUTO SERVICE : OF CUMBERLAND COUNTY, PENNSYLVANIA d/b/a/ DEIMLER'S AUTOMOTIVE : Petitioner V. OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION Respondent NO. 07-2277 CIVIL TERM STANLEY M. DEIMLER, JR. : IN THE COURT OF COMMON PLEAS d/b/a/ LEMOYNE AUTO SERVICE : OF CUMBERLAND COUNTY, PENNSYLVANIA d/b/a/ DEIMLER'S AUTOMOTIVE : Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION Respondent OFFICIAL EMISSION INSPECTION STATION SUSPENSION APPEAL NO. 07-2278 CIVIL TERM? IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 Ebert, J., February 26, 2008 - The Appellant has filed an appeal to the Commonwealth Court of this Court's order affirming the Pennsylvania Department of Transportation's (hereinafter PennDOT) suspension of the Appellant's personal certification as an Official Emissions Inspector and Deimler Automotive d/b/a Lemoyne Auto Service's Certificate of Appointment as an Official Emissions Inspection station. The Court heard the Appellant's appeal de novo on November 19, 2007. Deimler now appeals from the Order of Court affirming the suspensions. Appellant filed a "Concise Statement of Matters Complained" on January 30, 2008. Specifically, the appellant alleges the following: 1. The Court erred in allowing the Commonwealth to enter into evidence allegations of past convictions. This appears to have had a significant impact on the Court's decision. 2. The Court erred in allowing the Commonwealth to present (hearsay) testimony, which draws upon inferences and conclusions against the petitioner as taken from out of court statements purportedly made by the same person "Andrew"; who is alleged to have done the inspection, despite "Andrew" having provided an affidavit to the contrary, which was not allowed in support of Petitioner. Petitioner clearly and unequivocally testified he performed the inspection, which remains undisputed. The Court however erred by arbitrarily deciding against Petitioner and/or by giving prejudicial weight to improper evidence as introduced by the Commonwealth, despite Petitioner's impeachment thereof. Whereas, Petitioner's statement to the contrary is uncontroverted. 4. Petitioner's testimony casts doubt upon the Commonwealth's assertions as to what the Commonwealth could or should have been able to clearly see from their vantage point, and therefore Petitioner can find no proper or just reason the Court rejected Petitioner's testimony. 5. The Court erred in accepting the Commonwealth's allegation that "Andrew" signed the inspection sticker, despite Petitioner's rebuttal, and void of any independent opinion to confirm either. 6. The Court erred, knowing that Petitioner is/was a pro se Defendant, by not properly framing the issues.' This opinion in support of the judgment of sentence is filed pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). 1 Petitioner's Concise Statement of Matter's Complained. 2 STATEMENT OF FACTS On September 6, 2006, Joyce Park, employee of Parsons Commercial Technology Group, Pennsylvania Emissions Team, an engineering firm that is contracted by PennDOT to perform covert audits of Emission Inspection Stations, conducted an undercover audit of the test procedures at Appellant's shop.2 Park's 1995 Mercury Tracer was set to pass the test.' Park did not have an appointment and upon arriving at the shop was informed by several people that were seated in the waiting area and several employees that Appellant Deimler was not there.4 A young man, later identified as Andrew Smith, offered to do the test for her.5 Andrew asked Park to drive her car into the bay for him because he did not have a driver's license.6 She did so and then continually observed Smith's activity from the office and bay area of the garage. In order to perform an emission test on a 1995 vehicle, the mechanic would have to check underneath the hood and underneath the vehicle to see the catalytic converter.8 Andrew never opened the hood of the vehicle, never placed the car on a lift, and never looked under the car.9 Park testified that there was a lot of horse play at the shop, the phone kept ringing and Andrew told her that the calls were for Stanley. 10 During this horse play, Andrew scraped off Park's old emissions sticker from her windshield, put on a new emissions sticker, and put the old one on another boy's back. Andrew then printed a VIR (Visual Emissions Inspection Report), and signed something on it. Park then paid for her emissions test and pulled her vehicle out of the ` N.T. 6. 3 N.T. 8. a N.T. 9-10. 5 N.T. 9-10,12. 6 N.T. 10. N.T. 10. a N.T. 10. 9 N.T. 11, 13. 10 N.T. 11. 3 shop. Park never saw the Appellant during the test and did not meet Appellant until the day of the de novo court hearing. Park testified that in order to issue a new emissions sticker, Smith would have to type into the computer what he was doing and then the computer would prompt him to check each part that needs to be checked and type in a response." In order to issue anew sticker, each of the computer prompted questions would have to be answered in the affirmative. 12 However, some of the items may not apply to a vehicle and an answer of "NA" would have to be entered. In Park's car there was no air injection system, so Andrew should have entered "NA" for that question, instead he entered "PASS."13 Park watched as Andrew signed the form under the name of "Stanley Deimler, Jr." as the person who performed the inspection on the emissions inspection report. 14 Once Park left the shop, she checked if Andrew Smith was a listed inspector and the only authorized inspector listed for the shop was "Stanley Deimler, Jr. ,15 The Court then heard testimony from Kristin Defrehn, a quality assurance officer with the Parsons Pennsylvania Emissions Team. 16 As a quality assurance officer, Defrehn is responsible for auditing garages through their books and stickers; she also follows up on customer complaints, covert reports and makes sure that everything is in compliance. 17 Defrehn met Petitioner when she did a change of location and change of trade name for him. 18 Defrehn received the report from Park on Petitioner's shop and began to investigate it. 19 Defrehn checked " N.T. 14. 12 N.T. 16. " N.T. 20. 14 N.T. 15. 15 N.T. 17. 16 N.T.21. " N.T. 22. 1s N.T. 22. 19 N.T. 23. 4 the records, and spoke with and obtained a signed written statement from Andrew Smith.20 In his statements, he told Defrehn that Appellant logged the information into the computer and that he, Andrew Smith, looked at all the components as prompted by the computer .21 He also stated that Appellant signed the VIR report and that Appellant had been training Smith how to perform emissions testing. 22 Defrehn testified that a person cannot be trained on the job to become a certified emissions inspector but actually has to go to school and take a sixteen (16) hour course after which the candidate would have to pass a test.23 After Defrehn submitted her report, an informal hearing was held at the Pennsylvania Emissions Team in Harrisburg, which Appellant and Smith both attended.24 The purpose of the hearing was to allow Appellant to present his side of the story.25 Smith and Appellant were sequestered. Andrew Smith testified that Appellant signed the sticker and the VIR report. Smith stated he did open the hood and did check under the car. Unlike his previous statement to Defrehn, at the informal hearing Smith said he entered the information into the computer not Appellant. 26 Appellant's testimony at this informal hearing consisted of stating "no comment" or "I agree with what he [Smith] says" to every question posed.27 After the hearing, the hearing examiner wrote up a report, but the final decision regarding the suspensions of the certificates was made by PennDOT.28 On March 26, 2007, PennDOT suspended Appellant's station privileges pursuant to §4724 of the Vehicle Code, 75 Pa.C.S.A. §4724 and PennDOT Regulations, § 177.602(a)(iii). " N.T. 24. 2' N.T. 24. 22 N.T. 24. 23 N.T. 25. 24 N.T. 26. 2s N.T. 27. 26 N.T. 27. 27 N.T. 27. 28 N.T. 28. 5 The Appellant was suspended for both fraudulent record keeping and inspection by an uncertified inspector. As a result, PennDOT imposed the following penalties: Violation (Regulation Section) Term of Susn. Fine Fraudulent recordkeeping (2nd offense) Permanent $5,000.00 (67 Pa.Code § 177.602(a)(iii)) Inspection by uncert. inspector (2nd offense) 6 months $1,000.00 (67 Pa.Code § 77.602(a)(vii)) Total (served consecutively) Permanent $7,500.00 By separate order on the same date, Appellant's personal certified official inspection mechanic privileges were suspended for 1 year pursuant to 75 Pa.C.S.A. §4726 (relating to certification of mechanics) and 67 Pa.Code §177.603(iii) (relating to fraudulent recordkeeping). Appellant appealed these suspensions to this Court and the case was heard de novo on November 19, 2007. Appellant took the stand and testified that he was at the shop on September 6, 2006, when the covert operation took place. 29 He stated that Park must not have seen him come in and look under her hood because "it don't take very long to actually do a check. ..,,30 Appellant testified that "I was there. I did sign it."31 Appellant maintained that Park must not have been watching when he came through a side door and did the inspection while teaching Andrew Smith how to perform an emissions inspection. 32 After the hearing, this Court found by a preponderance of the evidence that the Department of Transportation had sustained its burden of proof and the Appellant's appeals were dismissed. DISCUSSION The scope of review in vehicle inspection certificate suspension cases is limited to determining whether the trial court committed an error of law or whether the trial court's 29 N.T.32. 30 N.T. 32. 31 N.T. 32. 3z N.T. 32-34. 6 findings are supported by substantial evidence. Firestone Tire and Service Center v. Com., 871 A.2d 863 (Pa. Cmwlth. 2005). In cases involving alleged violations of the Vehicle Code and the regulations interpreting the same, PennDOT has the burden of proving such violations by a preponderance of the evidence. Id. A. Evidence of Past "Convictions." PennDOT's Exhibit No. 1 was admitted to the record and established that the Appellant's station had previously been suspended for fraudulent recordkeeping and inspection by uncertified inspector in violation of 67 Pa.Code § 177.602(a)(iii)(vii). As stated by the Counsel for PennDOT, these records were admitted for the sole purpose of establishing the predicate for the enhanced penalties the Appellant received as a result of his new violations. Appellant Deimler was specifically asked if he had any objection to the admittance of these exhibits and his answer was "no."33 As has often been stated, a pro se litigant is granted the same rights, privileges, and considerations as those accorded a party represented by counsel; however, a pro se status does not entitle a party to any particular advantage because of his or her lack of legal training. First Union Mortgage Corp. v. Frempong, 744 A.2d 327 (Pa. Super. 1999). In this case, short of the Appellant stipulating to his prior penalties, it was necessary for the Commonwealth to establish the prior suspensions in order to prove that Appellant's current suspensions were second offenses, allowing for enhanced penalties. B. Hearsay Testimony. At no time during the de novo hearing did the Appellant object to any hearsay testimony. The only substantial hearsay testimony heard by the Court was the testimony of Kristin Defrehn who testified about the information she received from Andrew Smith and the testimony given at the informal hearing by Andrew Smith and the Appellant. The testimony given by Andrew " N.T. 5-6. 7 Smith at the informal hearing before the Pennsylvania Emissions Team totally supported the Appellant's position at the de novo Court hearing. Basically, Ms. Defrehn said that Andrew Smith stated that (1) Stan Deimler signed the sticker and the VIR, (2) the hood of Park's car was opened, (3) he did check under the car, (4) Appellant Deimler had entered the inspection information into the computer, and (5) he was being trained by Deimler to do emissions testing. Interestingly, Appellant did not produce Smith at trial and wanted to introduce "a notarized copy" of Andrew Smith's statement into the record. PennDOT's counsel properly objected and admission of the notarized statement of Andrew Smith was not admitted to the record. In any regard, the testimony given by Defrehn regarding Andrew Smith's testimony at the informal hearing in no way harmed the Appellant. Frankly, the Court viewed the testimony as unreliable, given the clear and detailed testimony of the undercover auditor, Joyce Park and the obvious relationship Andrew Smith would have had with the Appellant. On this record, this hearsay testimony, un-objected to by the Appellant, does not constitute error. C. Sufficiency of the Evidence. Appellant's points 3, 4 and 5 in his "Concise Statement of Matters Complained" essentially challenge the sufficiency of the evidence presented by PennDOT. Again, PennDOT had the burden of proving the Appellant's violations by a preponderance of the evidence. Firestone Tire and Service Center v. Com., 871 A.2d 863 (Pa. Cmwlth. 2005). However, questions of witness credibility are solely within the province of the trial court. Tropeck v. Com., Dept. of Transp. 847 A.2d 208 (Pa. Cmwlth. 2004). As is always the case in both civil and criminal proceedings, the finder of fact is allowed to assess a witness such, as the Appellant, to determine if he has a significant interest in the outcome of the case or a motive that might affect the credibility of his testimony. Pa. SSJI (Civ) 1.44e. Clearly, no one who testified at this 8 hearing had a greater interest and motivation to color his testimony than the Appellant. As is always the case, the trier of fact is free to believe all, part, or none of the evidence and must decide the credibility of the witnesses and reconcile conflicts in the evidence. Campbell v. Com., Dept. of Transp., 329 A.2d 867 (Pa. Cmwlth. 1974); Shaw v. Com., Dept. of Transp., 553 A.2d 108 (Pa. Cmwlth. 1989) This Court was persuaded by the detail provided by Joyce Park in relating the particulars of her emissions inspection: Things like remembering the phone ringing continuously, the horse play between Andrew Smith and the other boy in the garage, to the point of noting that her old inspection sticker was placed on the back of the other boy. In short, this Court finds as a matter of fact that Stanley Deimler was not present for this inspection, that Andrew Smith was not a certified emissions inspection mechanic, that Andrew Smith did not look under the hood or under the car, and that he placed the inspection information in the computer and signed the VIR under Stanley Deimler's name. The Appellant's lack of credibility can be established by the fact that at the unofficial hearing he chose to answer questions put to him by stating "no comment" and "I agree with what he [Smith] says." There is absolutely no reason in the world to testify in this fashion if what you are trying to explain is that you personally did the inspection in the proper fashion, signed the form and personally entered the inspection information into the computer. Equally compelling is the fact that Appellant maintains that he was "training" Smith to become an emissions inspector. As testified to by Defrehn, one cannot get on the job training to be an emissions inspector. A person must attend an approved training course and pass a test. 67 Pa.Code § 177.408 (c). Moreover, the fact that Smith did not possess a valid Pennsylvania driver's license specifically 9 excludes him from ever becoming a certified emissions inspector under 67 Pa.Code § 177.408 (c)(2). The Commonwealth clearly sustained its burden with substantial evidence. The Court finds that the Appellant's testimony was simply not credible especially in light of the financial interest he has in this case. D. Appellant's Pro Se Status. In paragraph 6 of his "Concise Statement of Matters Complained," the Appellant states, "the Court erred, knowing the Petitioner is/was a Pro Se Defendant, by not properly framing the issues." An examination of this record shows that the Court did not frame any issues, but simply listened to the testimony. The Court was cordial with the Appellant, at various times asked if he objected to evidence introduced by PennDOT, and allowed him to fully testify regarding his position and make a closing argument. Again, the law in this area is very simple. A pro se litigant is entitled to the same rights, privileges and considerations as those accorded a party represented by counsel. First Union Mortgage Corp. v. Frempong, 744 A.2d 327 (Pa. Super. 1999). This pro se litigant was afforded those rights, privileges and considerations by this Court. Unfortunately for the Appellant, his pro se status does not entitle him to any particular advantage because of his lack of legal training. In short, there was no error committed by the Court based on the Appellant's pro se status. By the Court, M. L. Ebert, Jr., - /I J. 10 ?Christopher J. Johnson, Esquire Attorney for PennDOT ? Stanley M. Deimler, Jr. Appellant/Petitioner l.?p? ? ?s m ?? ls<c? '2/at./'08 tzn 11 _jO J-1 - , Id CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service d/b/a Deimler's Automotive VS. Commonwealth of Pennsylvania Department of Transportation 2007-2277 Civil 2007-2278 Civil 2306 CD 2007 The documents comprising the record have been numbered from No.1 to 133, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02-29-2008 . 4Cur?tiR.o rotho otary Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Cunberland in the Commonwealth of Pennsylvania 2306 CD 2007 to No. 2007-2278, 2007-2277 Civil Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY Stanley M. Deimler, Jr. d/b/a Lemoyne Auto,Service, d/b/a Deimler's Automotive vs. Co monwealth of Pennsylvania, Department of Transportation **See Certified Docket Entries** Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunto this 29th 1, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein TamcAmA Atitn gp-nrjrA d 4h f a ?im1 F±r's Plaintiff, and ?'.rimmweal th of Renns lv; Dena3:t m nt of Transportation Defendant s , as the same remains of record before the said Court at No. 07-997A of CJ JXiI Term, A. D. 19 . set my hand and affixed the seal of said Court day of February ?4_A D., pgx2008 4 Prothonotary 1, Edgar B. Bayley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that OtrtiG R- Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cttm rl and in the Commonwealth of Pennsylvania, duly commissioned and qualifie o all of whose acts as such full faith and credit are and ought to be given as well in Courts of judic as els wher nd that the said record, certificate and attestation are in due form of law and ma by the pro r of Commonwealth of Pennsylvania County of Cumberland ss: residentXudge 1, Curtis R. Long , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Edgar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 29th of A. D. 8. Prothonotarv e-? 6 z 6 17 0 0 4 ) - a 4 4 p o 4 w OD ? ? G:. n , 4 E ro G fV N b b ( E `' y z U D w U f l t, m O C O t O 4 PYS511 CumberlandvCounty Proihonotary's Office Page 2007-02277 DEIMLER STANLEY M JR ET AL (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Filed........: 4/20/2007 Case Type.....: APPEAL - LICENSE SUSP Time.......... 8:43 ...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00 0000 ------------ Case Comments --------- - - - - Higher Crt 1.: 2306 C 2007 Higher Crt 2.: General Index Attorney Info DEIMLER STANELY M JR APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 LEMOYNE AUTO SERVICE APPELLANT PRO SE 110 STATE HIGHWAY ENOLA PA 17025 DEIMLER'S AUTOMOTIVE APPELLANT PRO SE .110 STATE HIGHWAY ENOLA PA 17025 PENNSYLVANIA COMMONWEALTH OF APPELLEE DEPARTMENT OF TRANSPORTATION 1101 SOUTH FRONT STREET HARRISBURG PA 17104 2416 ******************************************************************************** * Date Entries FIRST ENTRY - - 3 -Co 4/20/2007 APPEAL FROM SUSPENSION AS OFFICIAL EMISSION INSPECTION STATION AND PETITION FOR ORDER TO STAY THE SUSPENSION PENDING THE APPEAL FILED BY STANLEY M DEIMLER JR PLFF ------------------------------------------------------------------- f-? 5/01/2007 ORDER OF COURT - 05-01-07 - IN RE: ORDERED: 1-RULE ISSUED UPON RESPONDENT TO SHOW CAUSE WHY RELIEF REQUESTED BY PETITIONER SHOULD NOT BE GRANTED 2-RESPONDENT WILL FILE ANSWER ON OR BEFORE 05-15-07 3-IF NO ANSWER TO RULE TO SHOW CAUSE IS FILED BY REQUIRED DATE - RELIEF REQUESTED BY PETITIONER SHALL BE GRANTED UPON COURT'S RECEIPT OF A MOTION REQUESTING RULE BE MADE ABSOLUTE IF RESPONDENT FILES ANSWER TO RULE AND ANDSWER RAISES DISPUTED ISSUES OF MATERIAL DIRECTED EVIDENTIARY TO FORWARD HEARING SAID L SCHEDULED ANSWER TO THIS 4 -***PROTHONOTARY - BY M L EBERT JR J - COPIES MAILED 05-01-07 ------------------------------------------------------------------- 5/15/2007 RESPONSE TO RULE TO SHOW CAUSE - BY DAVID MARKOWITZ ASST COUNSEL ------------------------------------------------------------------- S-? 5/15/2007 ANSWER AND NEW MATTER - BY DAVID MARKOWITZ ASST COUNSEL FOR PENN DOT ------------------------------------------------------------------- `]- 5/21/2007 ORDER OF COURT - 05-21-07 - IN RE: ORDERED THAT PETIT'IONER'S REQUESTS FOR SUPERSEDEASES STAYING IMPOSITION OF THE SUSPENSIONS ARE DENIED - HEARING ON MERITS FOR BOTH APPEALS (DOCKET # 07-2277 & 07-2278) ON 07-17-07 AT 3 PM IN CR 5 CUMB CO COURTHOUSE - BY M L EBERT JR J - COPIES MAILED 05-22-07 -------------------------------------------- ---------------------- 3-57 7/17/2007 IOTION FORMCONTIUA VEHICLENCE SECT MATTHEW X HAECKLER ASSISTANT COUNSEL CHARGE OR ------------------------------------------------------------------- ?? 7/17/2007 ORDER - DATED 07-17-07 - IN RE: HEARING SCHEDULED FOR 07-17-07 AT 3:00 PM IS CONTINUED TO 11-19-07 AT 1:30 PM IN COURTROOM NO 5 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY M L EBERT JR J - COPIES MAILED 07-18-07 --------------------------------------------------------------- j? 12/03/2007 ORDDERMOF EBOURT ERT - 1J/19/07 I MARE: MR ILED DE2 M3 ER'S APPEAL IS DISMISSED JR - COPIES 07 ------------------------------------------------------------------- 59- Elf 12/19/2007 NOTICE OF APPEAL - BY STANLEY M DEIMLER JR PRO SE -------------------------------------------------------------- ?s_ &7 12/26/2007 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 2306 CD 2007 PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2007-02277 DEIMLER STANLEY M JR ET AL (vs) PENNSYLVANIA COMMONWEALTH OF Reference No..: Filed........: 4/20/2007 Case Type ..... : APPEAL - LICENSE SUSP Time.........: 8:43 Judgmefnt...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 2306 C 2007 Higher Crt 2.: ------------------------------------------------------------------- f 12/27/2007 ORDER OF COURT-12127/07 IN RE: NOTICE OF APPEAL - APPELLANT IS ORDERED TO FILE WITH THIS COURT A CONCISE STATEMENT OF MATTERS COCOPIESED OF ONI2P2E 07NO LATER THAN 1/8/08 - BY M L EBERT JR J - MAILED 7/ -------------------------------------------------------------------FOR ENLAR 4- 76, 1/07/2008 OFPMATTERSNCOMPLAIN EDGUEMENPONTONOFAPPEALTIME BYISTANLEYNMIDEIMLEREJRNT PRO SE ------------------------------------------------------------------- -77- 7g 1/09/2008 ORDER OF COURT - 1/9[08 IN RE: APPLICATION FOR ENLARGEMENT OF TIME FOR FILING CONCISE STATEMENT OF MATTERS COMPLAINED UPON ON APPEAL - HEREBY ORDERD AND DIRECTED THAT STANLEY M.DEIMLER JR DEPT APPELLANT SHALL FILE WITH THIS COURT A CON?IS$ STATEMENT OF MATTEEERS COMPLAINED OF ON APP A NO LATER THAN 1 31//08 - BY M L EBERT JR J - COPIES MAILED 1/9/08 ------------------------------------------------------------------- '7f-//7 1/22/2008 TRANSCRIPT OF PROCEEDINGS - IN RE: PROCEEDINGS HELD BEFORE THE HONORABLE M L EBERT JR J CUMBERLAND COUNTY COURTHOUSE CARLISLE PENNSYLVANIA ON MONDAY NOVEMBER 19, 2007 COMMENCING AT 1:30 PM IN CUORTROOM NUMBER 5 ! ------------------------------------------------------------------- IId-IoZ/ 1/30/2008 CONCISE STATEMENT OF MATTERS COMPLAINED - BY STANLEY M DEIMLER JR PRO SE ------------------------------------------------------------------- -/3.22/26/2008 IN RE: OPINION COPIES RUANT TO P 26081925 - DATED 2/26/08 - BY M L ------------------------------------------------------------------- 2/29/2008 NOTICE OF DOCKET ENTRIES MAILED TO STANLEY M DEIMLER JR LEMOYNE AUTO SERVICE DEIMLER'S AUTOMOTIVE OFFICE OF CHIEF COUNSEL - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 133 - * Escrow Information * Fees & Debits Be*q*Bal** mts/Adj End Bal ******************************** ***** P ****** ******************************* APPEAL LIC SUSP 55.00 55.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ------------------------ ------------ 78.50 78.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** In Testimony wherrcf, I V )-o unto sat my hand and the seal of said Cour, at Carlisle, Pa. This ....42.9....... day of..W.......... 00aF Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 A -- 10/1/99 5054 - 10/99 In the Commonwealth Court of Pennsylvania Stanley M. Deimler, Jr., d/b/a No.: 2306 CD 2007 Lemoyne Auto Service, d/b/a Deimler-'s Automotive V. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles Stanley M. Deimler, Jr., d/b/a Lemoyne Auto Service, d/b/a Deimler's Automotive, Appellant V. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles Appeal of: Stanley M. Deimler, Jr. ORDER Now, September 22, 2008, Appellant having failed to comply with this court's previous order of August 26, 2008 the above action is dismissed a of urse. Chief CI ommonwealth Court Trial Court Number: 07-2277 Civil Term Trial Court Number: 07-2278 Civil Term Cer'ffied from the Record SEP 2 2 2006 and Order Exit czo y _?g r-^ ? t fii7 Ca.4 ? L7"1 ?w e Commonwealth Court of Pennsylvania Kristen W. Brown Prothonotary Mchael KrimmeL Esq. Chief Clerk of C.ommonweakh Court November 21, 2008 Certificate of Remittal/Remand of Record TO: RE: Deimler, Jr. v. DOT No.2306 CD 2007 File Copy Irvis office Building, Room 624 I-Ianisbum. PA 17120 717-255-1650 Trial Court/Agency Dkt. Number: 07-2277 Civil Term 07-2278 Civil Term Trial Court/Agency Name. of CotnMon Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description trial court record March 3, 2008 1 Date of Remand of Record: 11/21/2008 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Signature Date Printed Name C?? _ j . -^4 _.T., 3 3 .?. ;?? lA? ...,, _. ?: f ti, In the Commonwealth Court of Pennsylvania Stanley M. Deimler, Jr., d/b/a No.: 2306 CD 2007 Lemoyne Auto Service, d/b/a Deimler's Automotive V. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles Stanley M. Deimler, Jr., d/b/a Lemoyne Auto Service, d/b/a Deimler's Automotive, Appellant V. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles Appeal of: Stanley M. Deimler, Jr ORDER Now, September 22, 2008, Appellant having failed to comply with this court's previous order of August 26, 2008 the above action is dismissed a of urse. Chief CI ommonwealth Court Trial Court Number: 07-2277 Civil Term Trial Court Number: 07-2278 Civil Term Certified from the Record SEP 2 2 2008 and Order Exit ,Vm r i • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: N Stanley M. Deimler, Jr. ~ ° - d/b/a Lemoyne Auto Service d/b/a Deimler's Automotive ~' vs. w Commonwealth of Pennsylvania D r_ _;'' Department of Transportation ~= c-~<_ 2007-2277 Civil ° y ~ ~~ ~ ~:? 2007-2278 Civil x- 2306 CD 2007 The documents comprising the record have been numbered from No.l to 133, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02-29-2008 . Cu s R. Lo 0 ono ry Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title c: i • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: N - f~ Stanley M. Deimler, Jr. ~ `-' ~~~ d/b/a Lemoyne Auto Service ~- ~ ~':_-_ d/b/a Deimler's Automotive vs. ~,,, f ~:' Commonwealth of Pennsylvania ~ `-`~~''-;, Department of Transportation =-~-~~~ ~~C7 2007-2277 Civil ~ - ~ 2007-2278 Civil ~ `' 2306 CD 2007 The documents comprising the record have been numbered from No.l to 112, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02-29-2008 . Curtis R. Lo of on ary Regina Lebo An additional copy of this certificate is enclosed Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title •