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Home My WebLink About04-2260CRAIG EDWARD STUBER Petitioner v COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON · ' PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA .. :NO. 2004- ,~,~6° : : CIVIL TERM : .. PETITION FOR APPEAL Petitioner, Craig Edward Stuber, by his attorneys, Broujos and Gilroy, P.C., sets forth the following: 1 Petitioner is Craig Edward Stuber who is an adult individual with a work address of 1970 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2 Respondent is the Commonwealth of Pennsylvania Department of Transportation (DOT) with a mailing address of c/o Chief Counsel's Office, Riverfront Office Center, 1101 S. Front Street, 3r~ Floor, Harrisburg, Pennsylvania, 17104-2416. 3 By letter of May 7, 2004, DOT issued an Order of Suspension of Official Safety Inspector status to Petitioner, whereby DOT suspended the Certification as an Official Safety Inspector held by the Petitioner for a period of two (2) years. A copy of the May 7, 2004 letter from DOT is attached hereto and marked Exhibit A. 4 The Petitioner hereby appeals the action of DOT in this matter pursuant to 75 Pa. C.S.A. §4726 (c) which authorizes any person whose Certification as an Official Safety Inspector has been suspended to appeal to the Court of Common Pleas. 5 The suspension imposed by DOT as it relates to the Petitioner should be overturned or modified for the following reasons: a. There was not sufficient information on the record to support the allegations made against the Petitioner. b. The two-year suspension is illegal and not based upon the facts or the law applicable to this case. c. The determination to run the suspension in question consecutively for a total of a two-year suspension was illegal and an abuse of discretion by DOT. d. Such other reasons as may appear at a hearing in this case. 6 Pursuant to 75 Pa. C.S.A. §4726, this court should schedule a hearing on the petition at which time DOT shah come forward with evidence in support of its action. 7 Petitioner also seeks a supersedes of the action of DOT pending resolution of this appeal, and incorporates the allegations set forth in paragraph 5 as reasons for this court to grant the requested supersedes. WHEREFORE, the Petitioner requests your Honorable Court to set a hearing in this matter and, upon conclusion of the hearing, to direct that the suspension in question be overturned. Date Hubert X. Gilroy, Attorney for Petitioner// Broujos and Gilroy, PC. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Mn~ 10 04 OB:58a LOVE'S RUTO SRLES INC ?~?-~49-2042 p.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 May 7, 2004 Craig Edward Stab*ri' Oper# 21-468-982 1970 Spring Road Carlisle, PA 17013 (Love's Auto Sales Inc-OIS# 0952) ORDER OF SUSPENSION OF OFFICIAL SAFETY INSPECTOR You are hereby not:flea that yom' certification as an Official Safety Inspector is suspended~ pursuant to Section 4726 of the Vehicle Code. No vehicle safety inspections may be performed during the suspension. Pursuant to Departmental regulations, your certi~Scation as an Of'hcial Safety Inspector is suspended for one (1) year for furnish, lend, give, sell or receive a certificate o~'inspection without inspection (sticker #A11-2451967) and one (I) year for fraudulent record keeving. 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 consecutively, for a total suspension of two (2) years. This suspension is to run consecutively with any other suspension(s} imposed by the Department for any violation considered separately. Your are ordered [o surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Safety Inspector Certification Card. Upon completion of your suspension, your inspector certification card will be returned to you You l~ave the right ~o appeal this Departmental Order of suspension to ~he 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 ORD'.IL if you do file an appeal, a signed and time-stamped copy of the ap'0em must be served aport the Departmenl at the mailing address listed below. FILING OF AN APPEAL IM)ES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for yuur privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Departmen! to stay the SUSlx:miot'~ must be served upon the Department at the mailing address listed i~elow. MAILING ADDRESS: Dcpartmcn~ of Transportation Chief Counsel's Office ~.ivert¥ont Office Center 1 I0I S. Front Street, 3~ Floor Sincerely, K.urt J Myers. Director Bureau cf Motor Vehicles - EXHIBIT I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworu falsification to authorities. DATE: r CRAIG EDWARD STUBER Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA .. : NO. 2004- .~.L~ 0 ~ ._ : CIVIL TEILM : ORDER AND NOW this ~ day of May, 2004, upon consideeation of the attached Notice of Appeal involving the suspension of a Certificate ot~ Appointment as an Official Safety Inspector for the Petitioner Craig Edward Stnber, a hearing'is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the ~/~day of/'-~ 2004 at /~. -~ ~ .m. at which time the court will take testimony and examine into the facts of the case to determine whether the suspension of the Certificate of Appointment as an Official Safety Inspector is appropriate. Pending further order of this Court, this order shail also act as a STAY on the Commonwealth of Pennsylvania Department of Transportation with respect to the suspension imposed upon Craig Edward Stuber by the Department of Transportations May 7, 2004 letter. The Com~aonwealth of Pennsylvania Department of Transportation is directed to restore to Craig Edward Stuber his Certificate of Appointment as an Official Safety Inspector pending the outcome of this appeal. BY THE COURT, CC: Hubert X. Gilroy, Esquire Broujos and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Pennsylvania Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 CRAIG EDWARD STUBER · IN THE COURT OIF COMMON PLEAS OF · CUMBERLAND CC)UNTY, PENNSYLVANIA · NO. 04-2260 CIVIl_ TERM COMMONWEALTH OF PA DEPARTMENT OF TRANSPOI~'TATION !N RE: HEARING CONTINUED. ORDER OF COURT AND NOW, July 1~2004, the hearing scheduled in the above matter for August 2, 2004, is continued to Wednesday, September 29, 2004, at 1:30 By thE; Court, Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, Pa 17013 David Markowitz, Esquire Pa. Dept. of Transportation Office of Chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104 CUMB~A CRAIG EDWARD STUBER, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORATION, Respondent NO. 2004-2260 CIVIL CWIL TERM AND NOW, this ~ day of ,2004, the hearing in the above referenced appeal is continued and reschedu/ed for the December I0, 2004 at 9:30 a.m. in Courtroom Nunaber,,,~, ~.~.,~.~n4~l~La~~ BY THE COURT: · Distribution: ~David Markowitz, Esquire, Department of Transportation, Office Riverfront Office Center- 3rd FI., 1101 S. Front St., Harrisburg, Pennsylvania 17104-2516 of Chief Counsel, ,,Ffubert X. Gilroy, Esquire, Broujos and Gilroy, P.C., 4 N. Hanover St., Car/is/e, PA 17013 oq IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CRAIG EDWARD STUBER Ve COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES NO. 2004-2260 CIVIL CIVIL TERM ORDER AND NOW, this ~ day of ~'~~ ., 2004, upon representation of David Markowitz, Assistant Counsel for file Department of Transportation, that the parties have come to an agreement to resolve the appeal in the above captioned matter, the appeal is dismissed and remanded to the Department of Transportation. The Department shall suspend the certification as a safety mechanic of Craig Edward Stuber for two months for improper recordkeeping and two months for faulty inspection, to be served consecutively for a total of four months. The Department shall award one month credit toward service of the above referenced suspension. Accordingly, the total suspension term of the certification remaining to be served is three months from December 20, 2004. On thai: date, Mr. Stuber shall surrender his certification card to the Department's Quality Assurance Officer. Jo Copies to: ,.-D~vid Markowitz, Esquire, PENNDOT Office of Chief Counsel, it 101 South Front~treet, 3rd Floor, .~ube Harrisburg, PA 17104-2516 rt X. Gilroy, Esquire, Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, PA 17013