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HomeMy WebLinkAbout06-6500Stanley Deimler, Jr. 110 State Hwy 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, No. O G - G S'Uv V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Appeal from suspension as an Official safety Inspection Station and Emission Inspection Station Respondent APPEAL FROM SUSPENSION AS OFFICIAL SAFETY AND EMISSION INFECTION STATION AND PETITION FOR ORDER TO REINSTATE BOTH LICENSES PENDING APPEAL ANDNOW, comes the petitioner, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, and files this appeal from the Suspension of certification as an Official Safety and Emission Inspection station which was received from the Commonwealth of Pennnsyvvania and in support therof respectfully represents. 1. Petitioner, Stanley M. Deimler, Jr. is, an adult individnal< sui juris, d/b/a 2. Lemoyne Auto Service with a principal mailing address of 110 State Hwy, Enola, Cumberland County, Pennsylvania 17025. 3. The Commonwealth of Pennsylvania Department of Transportation, Vehicle Inspection Division is represented by the Chief Councel's Office with its principle office located at Riverfront Office Center, 1101 South Front Street, 3'~ Floor, Harrisburg, Dauphin County, Pennsylvania 17104-2416 4. On October 9, 2006 the Vehicle Inspection Division issued a Notice giving Petitioner thirty (30) days to appeal the suspension of Safety and Emission Station for 20 and 15 months respectively effective immediately. The basis of the suspension was several allegations. A copy of notice is attached hereto as Ezhibit KA". 5. Respondent's financial well being and the solvency of his business is in large part dependent upon his good standing as a Safety and Emission Inspection Station and the ability to conduct Inspections. 6. The benefit to the State in suspending petitioners certification for the allegations, (denied herein), prior to a full hearing on the merits is outweighed by the onerous financial burden placed upon the Respondent both in terms of his business and personal obligations. 7. The suspension prior to the outcome of a hearing on the merits poses the threat of imminent harm and irreparable injury to Respondent who is currently formulating a plan of reorganization under Chapter 13 of the Bankruptcy Code. ~~_~-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 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 for three (3) months for inspection by uncertified inspector (Bradley E. Metzger, Oper#21-425-746) and one (1) year and $2,500.00 fine for fraudulent record keeping. Further, the Departrnent 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 fines imposed are paid in full. 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 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 )tiverfront Office Center 1101 S. Front Street, 3~ Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers, Director Bureau of Motor Vehicles ~;:. -;`,~.. ~~, 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 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 four (4) months for inspection by uncertified inspector (Bradley E. Metzger, Oper#21- 42~-746); two (2) months for failure to verify registration, title, manufacturer's statement of origin, financial responsibility information or inspecting vehicle with an expired registration or when valid proof of financial responsibility has not been submitted; two (2) months for failure to give a written receipt or work order to customer or to list required information on work order and one (1) year 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 twenty (20) months. 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 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 are qualified for reappointment. You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. If you do file an appeal, a signed and time-stamped copy of the appeal nltitst be served upon the Deparirnent at the mailing address listed below. FILING OF AN APPEAL .1QS: 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. MAIL,NG ADDRESS: Department of Transportation Chief Counsel's Office Riverfront Office Center 11U1 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 Sincerely, ~ ~~~~~"~ Kurt J. Myers, Director Bureau of Motor Vehicles (°`~ "J c-~ r- - _ ] VI C~ r i. ` b o_ - ~ - ~,.~ `~ ~ , - {J , -~ ~ °' , NOV 13 2006 a,~/ INTHE 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 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent No. Q(p - (o~'DO Civi Appeal from suspension as an Official Saftey Inspection station and Emission Inspection station ORDER AND NOW, THIS lo-C day of ~~.Q~ , 2006, upon consideration of the within Appeal from Suspension as an Official safety Inspection station and Official Emission Inspection station imposed by the Commonwealth of Pennsylvania Vehide Inspection Division and the request by Petioner that the Saftey Inspection and Emission Inspection station License imposed by the Commonwealth of Pennsylvania, that was immediate, be reinstated pending the outcome of this appeal. A hearing is reby ch~~lled on the appeal for the ,~~ day of 2 at f o'dodc am/~ta in courtroom f the Cumberland County Courthouse, Carlisle Pennsylvania. BY THE COURT DISTRIBUTION, C COUNSELS OFFICE, TMENT OF TRANSPORTION ~VERFRONT S. OFFICE CE 1101 S. FRONT STREET, LOOR HARRISBURG, PA 17104- 16 ~IMLERS DIVE 110 STATE ICY ENOLA, PA 17025 J t r -' ~ l !' ~ -. ~ ~~ ~}~ ~ .. ~ ~ ~ i l ~ f - ~~tl 9D~Z ~~~ ~~~~~ ~ 3~ STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE d/b/a DEIMLER'S AUTOMOTIVE, Petitioner vs. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-6500 CIVIL 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 /r' :rlm BY THE COURT, `'T r` ~ i ..If " I n $ ': - z. i ++r~ { 4./L.i::~Jt.. ~ li } '