HomeMy WebLinkAbout95-06540
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McNEES, WALLACE 81 NURICK
100 PINE BT"IEET
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HA""'..U".. ~A 1710.
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Lawrence R. Wieder, Esquire
Attorney I.D. No. 16707
MCNEES, WALLACE & NURICK
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
phone: (717) 237-5229
Attorney. for Defendant
.rne.t sunday Chry.ler-Plymouth,
Inc.
ERNEST SUNDAY CHRYSLER-
PLYMOUTH, INC.,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
Civil Action - Law
(PennDot Appeal)
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
90{- ~ ~-Llo ~ I~
No.
ORD.R
AND NOW, this ~~t^
day of 'Ilo,<t:-!It!t,'h...)
1995, upon
consideration of the foregoing Appeal from the Order Imposing A
Monetary Penalty, for a violation of title 75 Pa.C.S. 1374(a) (5),
a hearing ~ ~ is scheduled for
C)eAUAI'LoUV , 199'y- at ItJ; 00
# tj ~f the Cumberland County
All proceedings to stay in the meanwhile.
the .5(<i 0 day of
L!:.M. in Courtroom
Courthouse, Carlisle, PA.
BY THE COURT:
.;111
J.
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Lawrence R. Wieder, Esquire
Attorney I.D. No. 16707
MCNEES, WALLACE & NURICK
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Phone: (717) 237-5229
Attorney. for Defendant
.me.t Sunday Chry.ler-Plymouth,
Inc.
ERNEST SUNDAY CHRYSLER-
PLYMOUTH, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
civil Action - Law
(PennDot Appeal)
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
No. {t.';. (,o;'lu C..;,,;..( -ri....~
APPEAL FROM ORDER
AND NOW, comes the Petitioner, Ernest Sunday Chrysler-
Plymouth, Inc., by its counsel McNees, Wallace and Nurick and
says the following in support of its Appeal.
1. plaintiff is the Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Motor Vehicles
("Department"), with offices at Room 103, Transportation and
Safety Building, Harrisburg, PA 17120.
2. Defendant is Ernest Sunday Chrysler-Plymouth, Inc.
("Sunday"), a Pennsylvania corporation, formerly doing business
at 1137 Market Street, Lemoyne, PA 17043.
3. By mail date of October 20, 1995, the Department
forwarded to Sunday, an Order Imposing A Monetary Penalty For A
Violation Of Title 75 Pa.C.S. 1374(a) (5). A true and correct
copy of that Order is attached hereto as Exhibit "A".
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4. The determination by the Department has no basis in law
or tact and cOnstitutes an abuse of discretion in determining
that .ny amount i. ... or that if in f..t .n 'monnt i. .'., tha
correctness of the amount.
5. Sunday is no longer in the business of selling new
vehicles at the former address, having sold its new car
dealership prior to the mail date of the letter.
6. Prior to the mail date of the letter, Sunday applied to
the Department for registration as "Sunday's Used Cars".
7. SUbsequently, the Department granted the new entity,
..thority .. · ...'.r 'nd .. an ag.nt .oing b..in... a. Benday'.
Used Cars.
8. At that time, the Department forwarded new dealer
plates to the new entity.
9. Sunday appeals the Order to the COurt of Common Pleas
pursuant to 7S Pa.c.s. 1377 and prays that this Honorable COurt
Schedule this matter for a hearing ~ ~.
MCNEES, WALLACE & NURrCK
aU.(I1L!..
L wrence R. W e
r.D. No. 16707
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5229
Dated: November IS, 1995
Attorneys for Ernest Sunday
Chrysler, Plymouth, Inc.
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Ernest Sunday Chrysler
Plymouth, Inc.
Page 2
You have the right to appeal this Order to the Court of Common Pleas in the county In which
your business Is located within 30 days of the mail date of this Order. If you choose to
exercise this right. after you have filed the appeal in the court of Commons Pleas, you must
obtain from the court and submit to the Department a time-and-date-stamped copy of the appeal
to the following address: Office of Chief Counsel. Room 103, Transportation and Safety
Building, Harrisburg, PA 17120.
Sln~IY'
/...a~~~ fJ wIke
Lawrence P. White, Acting Director
Bureau of Motor Vehicles
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