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Home My WebLink About06-2505 . . Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (71 7)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE Petitioner, No, () L:. - ;) S () ~ (!, u i l 'j-<;/L./ v. :Appeal From Suspension as Official Safety Inspector COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent APPEAL FROM SUSPENSION AS OFFICIAL SAFETY INSPECTOR AND PETITION FOR ORDER OF SUPERSEDEAS STAYING SUSPENSION PENDING APPEAL AND NOW, comes the petitioner, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, by and through counsel, Lee E. Oesterling, Esquire, and files this Petition of Appeal from the Suspension of certification as an Official Safety Inspector which he 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 Lemoyne Auto Service with a principal mailing address of 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 170 I L 2. The Commonwealth of Pennsylvania Deparment of Transportation, Vehicle Inspection Division is represented by the Chief Counsel's Office with its principal office located at Riverfront Office Center, 110 1 South Front Street, 3'" Floor, Harrisburg, Dauphin County, .. . Pennsylvania 17] 04-2416. 3. On April 4, 2006 the Vehicle Inspection Division issued a Notice giving Petitioner thirty (30) days to appeal the suspension of his certification as an Official Safety Inspector for (4) months effective May 16, 2006. The basis of the suspension was "requiring or indicating unnecessat)' repairs for the purpose of passing inspection (on a 2002 Saturn, registration OCF 8282). A copy of said Notice is attached hereto as Exhibit "A" 4, Respondent acknowledges that he did inspect said vehicle, however he specifically denies that he required or indicated unnecessat)' repairs for the purpose of passing inspection and desires to present evidence to this effect at time of trial. 5. Respondent's financial well being and the solvency of his business is in large part dependent upon his good standing as a Safety Inspection Officer and his ability to conduct State Inspections. 6. The benefit to the State in suspending Petitioners certification for the single allegation, (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 injwy to Respondent who is currently formulating a plan of reorganization under Chapter 13 of the Bankruptcy Code. A notice of filing is attached hereto as Exhibit "B" WHEREFORE, Petitioner prays that this Honorable Court in Accordance with its authority under 42 Pa C.S. 9 933(aXI) will schedule a hearing with regard to the issues raised in this Petition and pending such hearing Petitioner further requests that the Court sign the attached Order which stays the imposition of the suspension of petitioner's certification as an Official Safety Inspector dated May 16, 2006 until such time as the Court has had an opportunity to have a hearing on this appeal. Respectfu ./ Lee E. Oesterling, LD. # 7\320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 . '" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTA nON HARRISBURG, PA 17104 Stanley Deimler Lemoyne Auto Service-0IS#6359 2236 Old Gettysburg Rd Camp Hill, PA 17011 (()per#19-977-439) Vehicle Inspectioo Division Post Office Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2895 STATION: 6359 CERTIFIED MAIL: 7004 25100001 4163 203] MAIL DATE: 04-04-06 ORDER OF SUSPENSION OF OFFICIAL INSPECIlON STATION _____._..e~~ Y OIl are herebY notified that your Certificate of Aj;pomm;ent as an Offi~jal Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safuty inspections may be perfurmed at your station during the suspensioo. Pursuant to Departmental regulations, your Certificate of Appointment will be suspended for four (4) months for requiring or indicating unnecessary repairs for the purpose of passing inspection (on a 2002 Saturn, registratioo DCF8282). The suspension(s) will run, fur a total suspensioo offuur (4) mooths. This suspension is to run consecutively with any other suspensioo(s) imposed by the Department fur any violatioo considered separately. THE SUSPENSION WILL BE EFFECTIVE 5-16-06. At this time, you are C(dered to surrender to the Quality Assurance Officer, who is a representative of the Department of Transportation, your Certificate(s) of Appointment, and all safety inspectioo stickers. Two (2) weeks prior to the expiratioo of your SUspensilD, you may contact your Quality Assurance Officer for reappointment. A complete and thoroug/1 investigation may be conducted to determine if you are qualified for reappointment. You have the right to appeal this Departmental Order of Suspensioo to the Cow1 of Connnon Pleas of the County in which the above rererenced inspectioo statim is located, WlTHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER. If you do file an appeal, a signed and time-stamped copy of the appeal must be served upon the Department at the mailing address listed below. F1LING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for ytlUf privileges to be restored pending appeal, a signed Order of Supersedeas from the Cow1 directing the Department to stay the suspensilD 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'" Floor Harrisburg, P A 17104-2416 Sincerely, -.>Y -- . K:urt J.Myers, Director Bureau of Motor Vehic]es EXf.lIf);'T III'J" USBC PAM - LIVE - V2.7E - NoticeOfFiling Page 1 of2 United States Bankruptcy Court Middle District of Pennsylvania Stanley M Deimler, Jr 308 Wertz Avenue Lemoyne, PA 17055 SSN: xxx-xx-1882 dba Lemoyne Auto Service Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 03/21/2006 at 07:16 AM and filed on 03/21/2006. The case was filed by the debtor's attorney: The bankruptcy trustee is: Lee Eric Oesterling 42 East Main Street Mechanicsburg, P A 17055 71 7 790- 5400 Charles J. DeHart, III (Trustee) PO Box 410 Humme1stown, PA 17036 717 566-6097 The case was assigned case number 06-456 to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, P A 171 08. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk, U.S. Bankruptcy Court I " ; ." I I rran'~H:ti'fn lhn'ip' I I ",,- , ';",1, 'I I . , C.rlt/b/T "tJ /1 https://ecf.pamb.uscourts.gov/cgi-binlNoticeOfFiling.pl?164272 5/4/2006 ~ -,:::J i.!"J t- ,: VI - '0. ~ \) ~ -J ...c:::. ~ ~ 1: ..f-. '---L... ..~ ''''-..._? .' I .. 5 MAY ., 5 2006 BY: IN THE COURT OF COMMON PLE~ OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYL VANIA STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE Petitioner, v. No. 0(.. - 2.S"Q!:' (3(.,,1., '--rf/L.'j COMMONWEALm OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent :Appea.l From Suspension as Official Safety Inspector ORDER AND NOW, this / () 'IL- day of ~ . 2006, upon consideration of the within Appea1From Suspension as Official Safety Inspector imposed by the , Commonwealth of Pennsylvania Department of Transportation Vehicle Inspection Division and the request by Petitioner that the license suspension imposed by the Commonwealth of Pennsylvania, to become effective May 16, 2006 is hereby stayed pending the outcome of this appeal. Ah~gish~~~edon~~~~/~~m 2006 at 10: DD o'clock a.mJ~. in Courtroom .5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT ~'\ ~~ J. ~ D\(> ~ 0\ D '<JINVI\\}SNN3d 'I~'ln,r(', n>>.(i\.;~G\f\\n" ~\' ~...,,~_,. '",;'. '.! ;I.,:,.\;~i'il 'i V ~t: : H \ol'J 0 \ k~W qOUl Ai:N10N0\110tid 3\-\1 :!O 38\~JQ-G3l\:l STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2505 CIVIL TERM : APPEAL FROM SUSPENSION AS OFFICIAL SAFETY INSPECTOR COMMONWEALTH OF PENNSYLVANIA DEPT. OF TRANSPORTATION Respondent ORDER OF COURT AND NOW, this 14th day of July, 2006, upon consideration of the Petitioner to file an appeal Nunc Pro Tunc of his Suspension of his Certificate of Appointment as an Official Safety Inspection Station, the Commonwealth indicating that it was not prepared to move forward on the merits of the pending case on this date, IT IS HEREBY ORDERED AND DIRECTED that hearing in this matter is continued until Thursday, August 24, 2006 at 9:00 a.m in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. In the interim, Counsel are directed to file proposed findings of fact and a memorandum in support of their position regarding allowance of the Appeal Nunc Pro Tunc. These findings of fact and memorandum will be filed on or before August 1, 2006. By the Court, 'l~ J, M. L. Ebert, Jr., David Markowitz, Esquire Attorney for Penn Dot ~<<~ ~ 1./'1-0(. 4-- Lee E. Oesterling, Esquire Attorney for Petitioner bas (,'i\ :\:1\ \\l \1 \ (,"'" }\)lju ( > Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mecbanicsburg, P A 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9t11 JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STANLEY J. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE Petitioner, No. 06-2505 v. Appeal Nunc Pro Tunc COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent MOTION TO AMEND APPEAL NUNC PRO TUNC FROM SUSPENSION AS OFFICIAL SAFETY INSPECTION STATION AND NOW, comes the petitioner, Stanley J. Deimler, Jr. d/b/a Lemoyne Auto Service, by and through counsel, Lee E. Oesterling, Esquire, and files this Motion to Amend Appeal from the Suspension of certification as an Official Safety Inspection Station which he received from the Commonwealth of Pennsylvania and in support thereof respectfully represents: 1. Petitioner, Stanley J. Deimler, Jr. timely filed an Appeal from Suspension of his license to conduct Official Safety Inspections on May 4, 2006. 2. An Order was entered by this Honorable Court on the 10th of May, which indicated that Petitioner's licenses suspension was stayed pending a hearing on the merits. 3. The Commonwealth of Pennsylvania Department of Transportation, Vehicle Inspection Division is represented by the Chief Counsel's Office with its principal office located at " ," Riverfront Office Center, 1101 South Front S1reet, 3m Floor, Harrisburg, Dauphin County, Pennsylvania 17104-2416. 4. The Office of Chief Counsel refused to stay the suspension of Petitioner's license as an Official Inspection Station, (the "Station License"), notwithstanding the fact that Petitioner's filing attached the Notice of Suspension as an exhibit and with the knowledge that the harm claimed in the Petition was the suspension of the licensing which allows Petitioner to conduct Safety Inspections. 5. The allegation which the Commonwealth relies upon in withholding Petitioner's license stems from the same events and as such can be heard on the merits without need for a separate hearing. WHEREFORE, Petitioner prays that this Honorable Court in Accordance with its authority under 42 Pa C.S. ~ 933(aX1) will conduct a hearing with regard to the issues raised in this Petition Nunc Pro Tunc on the issue of the suspension of Petitoner' s individual and station license. Lee E. OCster mg, . . Attorney for Plaintiff 42 East Main Street Mechanicsburg, P A 17055 (717)790-5400 ~, !;~\ ,.,-.~? L;'~' ...,-'; - C P:;" -;:::; ".\ # <...,) \,;:.'.l e,<,,, -:.c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE Petitioner ORDER v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Respondent No. 06-2505 Civil Term ORDER AND NOW, this ')..'-\'\~ dayof ~ \l~\ll.\ , 2006, upon joint representation of the Petitioner, Stanley M. Deimler, Jr., and the Respondent, Commonwealth of Pennsylvania, Department of Transportation, that an agreement has been reached regarding the above-referenced appeal and Petitioner's "Motion to Appeal Nunc Pro Tunc from Suspension as Official Safety Inspection Station," the following is ORDERED: 1. The appeal of Petitioner Stanley M. Deimler's certification as an official safety inspection mechanic is SUSTAINED. 2. The Petitioner's "Motion to Appeal Nunc Pro Tunc from Suspension as an Official Safety Inspection Station" is DENIED. BY THE COURT ~'t J. Distribution: Hon. M. L. Ebert, Jr. pe E. Oesterling, Esquire, 42 E. Main St., Mechanicsburg, P A 17055 ~avid Markowitz, Esquire, Office of Chief Counsel, 1101 S. Front St.-3rd Floor, Harrisburg, ~ ~2516 l"L' .tjI ~,r ViN\/f\lg:;;\!N3d AlNno~: 7:i~!':;8tf'ino 6 I :8 Wd '1Z ~nv 900l AW10NCHiOdd 3Hl::lO 38H:!()-{]31l:l .:,