HomeMy WebLinkAbout07-2951Stanley Deimler, Jr.
110 State Hury
Enola, Pa17025
(717)-732-3885
IN THE COURT OF COMMON PLEAS OF THE 9~ JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
STANLEY M DEIMLER, JR
D/b/a Lemoyne Auto Service
D/b/a Deimler's Automotive
Petitioner, _
V.
Appeal from suspension as an
COMMONWEALTH OF Official Inspection station
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
Respondent
APPEAL FROM SUSPENSION AS OFFICIAL INSPECTION STATION AND
PETITION FOR ORDER TO STAY THE SUSPENSION PENDING THE
APPEAL
ANDNOW, comes the petitioner, Stanley M. Deimler, Jr. d/b/a Deimlers
Automotive, and files this appeal from the Suspension of certification as an Official
Inspection station 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,
3rd Floor, Harrisburg, Dauphin County, Pennsylvania 17104-2416
4. On Apri120"' 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
Ezhibit "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.
7.
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.
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.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
HARRISBURG, PA 17104
Apri120, 2007
Stanley Deimler
Deimler Automotive-0IS#6359
110 State Highway
Enola, PA 17025
ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION
You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is
suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be
performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment
is suspended for six (6) months and until paid for 1°t count of bad check (check# 1049 dated January 2,
2007, in the amount of $100.00 with a $30.00 penalty fee) and suc (6) months and until paid for 2°~ count
of bad check (check# 1053 dated January 17, 2007, in the amount of $100.00 with a $30.00 penalty fee).
The suspension(s) will run consecutively, for a total suspension of one (1) year and until paid. This
suspension is to run consecutively with any other suspension(s) imposed by the Department for any
violation considered separately. You aze ordered to surrender to the beazer of this notice, who is a
representative of the Department of Transportation, your Certificate(s) of Appointment and all safety
inspection stickers.
Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance
Officer for reappointment. A complete and through investigation may be conducted to determine if you
aze qualified for reappointment.
You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the
County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF
THE 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
ltiverfront Office Center
1101 S. Front Street, 3rd Floor
Harrisburg, PA 17104-2416
Sincerely,
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Anita M. Wasko, Acting Director
Bureau of Motor Vehicles
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STANLEY M. DEIMLER, JR.,
d/b/a LEMOYNE AUTO SERVICE,
d/b/a DEIMLER'S AUTOMOTIVE,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Respondent
NO. 07-2951 CIVIL
ORDER OF COURT
AND NOW, this 23rd 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 June 12, 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.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
M. L. Ebert, Jr. J.
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Stanley M. Deimler, Jr.
Petitioner
Chief Counsel's Office
Department of Transportation
Respondent
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