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Home My WebLink About00-01700 J JOHN K. DOLAN Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 2000 - I7IJV ~ I..u-.- NO. v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : Defendant CIVIL DIVISION (LICENSE SUSPENSION) ORDER AND NOW, this~~ay of March, 2000 upon consideration of the Appeal of John K. Dolan, from the suspension of his Certificate of Appointment as an Official Safety Inspection Mechanic, a @DQlLQ. hearing is scheduled for the /tI~ay of mAY 2000, aJ: 3.f.c1ock/t.m. in Court Room No. S of the Cumberland COJJnty Courthouse. A supersedeas is granted pending the hearing. ~ D(J.1 if ~t;j ,~ f:J '? ~ , ; 0 <=> 0 c <=> -" :5: ::;:: -I ;:gpx D> -,- 2:0 = f'n~ Zr- N :g~ ~:i; -- Cl' '-0 --; ,'. ~ -0 9~ 2:0 ::.: --0 ~ >c S ~ u:> ~ -< " r JOHN K. DOLAN Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 2000 - 17/J1J C-.u-:.::I T.L.<- NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL DIVISION (LICENSE SUSPENSION) APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION MECHANIC AND NOW, comes the Plaintiff, John K. Dolan ("Dolan"), by his attorneys, McNees, Wallace & Nurick, and says: 1. Plaintiff is John K. Dolan, a natural person, residing at 4825 Creekview Road, Mechanicsburg, PA 17055. 2. Defendant is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. On or about March 20, 2000 Dolan was handed an Order of Suspension of his Certificate of Appointment as an Official Safety Inspection Station, by a representative of the Pennsylvania Department of Transportation. A true and correct copy of the notice is attached hereto as Exhibit "A". 4. The Order stated that Dolan's privileges were suspended for a period of one (1) year as a result of "fraudulent record keeping" in signing for an inspection he did not perform. 5. The Order does not reference the vehicle, upon which the inspection was performed. " 6. Upon serving the suspension notice, the Department's representative confiscated Dolan's Certificate of Appointment as an Official Safety Inspection Mechanic. 7. Dolan was not given prior notice of the suspension, nor was he given a reasonable opportunity to obtain a Supersedeas. 8. Dolan is employed as an Official Safety Inspection Mechanic by Leggett Motors. 9. Dolan has been greatly prejudiced by the lack of due process and will suffer irreparable harm due to the suspension, if a Supersedeas is not immediately granted pending appeal, as Dolan earns his livelihood as an Official Safety Inspection Mechanic. 10. The suspension of one year for "fraudulent record keeping" is improper as Dolan did not engage in the alleged conduct. 11. Dolan appeals this suspension to the Court of Common Pleas pursuant to 75 Pa. C.S. s4726(c), and requests that a Supersedeas be granted pending a hearing on the merits. 12. Counsel for Dolan has contacted Barbara A. Darkes, counsel for the Department of Transportation and is authorized to state that the Department has no objection to a Supersedeas being granted pending a hearing on the merits. Respectfully submitted, McNEES, WALLACE & NURICK ~ By Lawrence R. Wieder, Esq. 1. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Plaintiff John K. Dolan Date: March 20, 2000 V'HK-~-IO-ee--0 r-:-ey PM SPANKE.-YS 76660.46 .. " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 17122 March 20, 2000 Mr. John K. Dolan Opr. #16-210-329 4825 Creekview Road Mechanicsburg, PA 17055 (Leggett Motors - O.I.S. #2707) ORDER AND SUSPENSION OF OFFICIAL INSPECTION MEC~~IC You are hereby notified that your certification as an offi" cial safety inspection mechanic is suspended, persuant to Section 4726 of the Vehicle Code. No vehicle safety in- spections may be performed during the suspehsion. Pursuant to Departmental regulations, your certification as an offi- cial safety inspection mechanic will be suspended for one (1) year for fraudulent record keeping (signing for an in- spection 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 X concurrently consec- utively, for a total suspensIon of one (l) year~This sus- pension will run consecutively with any other suspension(s) imposed by the Department for any violation considered sepa- rately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Trans- portation, your Safety Mechanic Certification Card. Upon the completion of your suspension, your mechanic cer- tification card will be returned to you. CONTINUED ON NEXT PAGE (Page 1 of 2) EXHIBITIIA" S" '-- :.." ~ ,.' .'.. .. l' 'I. \ ~I r',.,., ,. 'l .r .', t, t, W ~ Ii ~' ;\..J \ 'Il 1,,* " I. .I',!.l ~,,~ i; ~.I"\,PY '\ ", .~..U P~f:)4 ,; .i.' ,( ~ . " j: \ rTA~--Ze-ee e-~ =e'-7 PM SPANKEY-S 7666346 PM8S " CONTINUED FROM PREVIOUS PoAGE (Page :2 of 2) You have a right to appeal this departmental Order of Sus- pension to the Court of Common Pleas of the County in which the above referenced inspection station is located WITHIN 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. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be re- stored 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, 3rd Floor Harrisburg, PA 17104-2416 Sincerely, _.._..~ ~;'~"'. ._H........._ -_..~..... ..~... ..~ ----j' .....-:: Kurt J. Myers, Director Bureau' of Motor Vehicles .' ',' . " CERTIFICATE OF SERVICE AND NOW, on this 20th day of March, 2000 I hereby certify that I have served a true and correct copy of the within document, via fax and first class United States mail, postage prepaid as follows: Barbara A. Darkes, Assistant Counsel in Charge Motor Vehicle Section PA Department of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 Barb Tomassini, Manager Inspection Station Processing PA Department of Transportation Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104-2416 McNEES, WALLACE & NURICK BY:~ Lawrence R. Wieder, Esq. I.D. #16707 1 00 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Plaintiff John K. Dolan JOHN K. DOLAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant NO. 2000-1700 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of May, 2000, by agreement of the parties, the appeal of Plaintiff/Appellant, John K. Dolan, is withdrawn and his license will be suspended for two months effective June 1st, 2000, for improper record keeping. It is also agreed that he is to get credit for one week previously served. ~'M~ Edward E. Guido, J. Lawrence R. Wieder, Esquire For the Plaintiff ~ 5-/t.oO RK3 Barbara A. Darkes, Esquire For the Defendant :lfh ':f r ~( (If" - ~ G -.-u j[ ~ }- f