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Home My WebLink About00-01701 ., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JASON BONNER v. NO. 2000 - 170 1 C-u;;..t -u~ 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 Jason Bonner, from the suspension of his right to apply for Certification as an Official Safety Inspection Mechanic, a.de. novo hearing is scheduled for the/O~day of /J?A Y 2000, a~'cloci<A..m. in Court Room No. ~ of the Cumberland County Courthouse. A supersedeas is granted pending the hearing. ~ .000 l' ~ ~ ~ "'~{? (J.) '. (") <=> 0 c: Cl -n s:: :::J:: --< -00:' ;po _7i ;22 ~w ::;0 ..)J N ~m zr;- -50 (J) ~~ ..,.. ..:I.l. ~C' __~o -.". ::ii: -'~ -rT ~Q ..:;zo ,-:;LJ ':i' om 'C: 33 ~ \.0 '< .' JASON BONNER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000 -/70/ ~ 1......-- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL DIVISION (LICENSE SUSPENSION) APPEAL FROM AUTHORITY TO APPLY FOR A CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION MECHANIC AND NOW, comes the Plaintiff, Jason Bonner ("Bonner"), by his attorneys, McNees, Wallace & Nurick, and says: 1. Plaintiff is Jason Bonner, a natural person, residing at 18 West School Side Drive, Mechanicsburg, PA 17053. 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 Bonner was handed an Order of Suspension of his right to apply for certification as an Official Safety Inspection Mechanic, 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 Bonner's right to apply for certification as an Official Safety Inspection Mechanic was suspended for a period of four (4) months as a result of "inspection by [anI uncertified mechanic". 5. The Order does not reference the vehicle, upon which the inspection was performed. " 6. Bonner was not given prior notice of the suspension, nor was he given a reasonable opportunity to obtain a Supersedeas. 7. Bonner is employed at the inspection station operated by Leggett Motors. 8. Bonner 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 Bonner seeks to improve his earnings by becoming an Official Safety Inspection Mechanic, in the near future. 9. The suspension of four months for "inspection by [anI uncertified mechanic" is improper as Bonner did not engage in the alleged conduct. 10. Bonner appeals this suspension to the Court of Common Pleas pursuant to 75 Pa. C.S. ~4726(cL and requests that a Supersedeas be granted pending a hearing on the merits. 11. Counsel for Bonner 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 L-/ ~ Lawrence R. Wieder, Esq. I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Plaintiff Jason Boner Date: March 20, 2000 I'll-l~-"'IIQ-IIQIIQ IO.L'; 10 ( ~--- ;:;>1-'j.~fHKEYS -"'-66.6.-34E> P.06 , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG 17122' . March :20, 2000 Mr. Jason Bonner Opr. #:2.3-438-765 18 West School Side Drive Mechanicsburg, PA 17053 (Leggett Motors - O.I.S. #2707) Dear Sir: As a result of the Departmental hearing held on November 17, 1999, you are hereby notified that your right to apply for certification as an Official Safety Inspection Mechanic to inspect vehicles is suspended four (4) months effective 03-20-00. This action is taken as a result of the following violation(s) : Four (4) months for inspection by uncertified mechanic. At the expiration of your suspension, you may apply for cer- tification. If you have any questions, please contact the Vehicle Control Division, P. O. Box 68697, Harrisburg, PA 17106-8697, or telephone (717) 787-2895. Sincerely, ,.~ .... ~ .J --, .....7- - C'''::;:''-'. .,.,.. -<.::::::--1 /. Kurt . Myers, Director Bureau of Motor Vehicles 710/mn i )imion Copy EXHIBIT "A" ,- < 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 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Plaintiff Jason Bonner JASON BONNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant , NO. 2000-1701 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of May, 2000, by agreement of the parties, the appeal is withdrawn and Plaintiff/Appellant's license suspension shall commence on March 20, 2000. By Che% Edward E. Guido, ~~ 5-//;-00 RK.3 Lawrence R. Wieder, Esquire For the Plaintiff Barbara A. Darkes, Esquire For the Defendant :lfh 0 c:> ~ C C) ~. - ....; -- -at,-j "'" :1; :;g rrH"" -:: . , 2::1:; ':1m -;.:C <Y' 3:r, ~~--- .,L C".=:C ~ <:B :-\ I~t~\ - .-.",,0 - 51"0 - ~vc: ~ z r:- ~ 0