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Home My WebLink About02-0157WILLIAM G. BUJAK, Operator 21-695-681 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORDER OF COURT AND NOW, this .._~ day of ~7/c$ ,~/r~ / ,2002, pursuant to a request from Robert B. Lieberman, Esquire, attorney for William G. Bujak, Petitioner in the above captioned matter, IT IS HEREBY ORDERED AND DECREED that a heating is scheduled to determine whether the action of the Department of Transportation in suspending his certification as an Official Safety Inspector should be. set aside. The hearing is set for the / S~t' day of ~7~~~, 2002, at /: ~ ~. M. before the Honorable '-' t~. '" ' 7~ in Courtroom No. -~'" ,~ ~ l~l floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. This Order shall act as a supersedes and the Department of Transportation shall stay the suspension pending the hearing in this matter. WILLIAM G. BUJAK, Operator 21-695-681 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0D-/.57 CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this/~__ day of ~~ , 2002, comes Petitioner, WILLIAM G. BUJAK, by and through his attorney, ROBERT B. LIEBERMAN, Esquire and presents the following appeal: 1. That Petitioner, WILLIAM G. BUJAK, is an adult individual with a business address at 6493 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. That Petitioner was notified on or about December 13, 2001, that effective January 22, 2002, the Pennsylvania Department of Transportation will be suspending his certification as an Official Safety Inspector within the Commonwealth of Pennsylvania. A copy of said Order of Suspension is attached hereto and marked Exhibit "A". 3. That Petitioner believes and avers that the determination of the Department is in error, that he has been in compliance and therefore his certification as an Official Safety Inspector within the Commonwealth of Pennsylvania should not be suspended. WHEREFORE, Petitioner, WILLIAM G. BUJAK, requests that this matter be set for hearing before your Honorable Court to determine the appropriateness of the action taken by the Department of Transportation. Respectfully submitted, 500 North Third Street, 12th Floor Harrisburg, PA 17101 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 William G. Bujak Oper. #21-956-681 6493 Carlisle Pike Mechanicsburg, PA 17055 (Smith Bros. Imports LTD - OIS #3946) Vehicle Inspection Division P. O. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 MECHANIC #21-956-681 CERTIFIED MAIL: 7001 0320 0003 7377 8536 MAIL DATE: December 13, 2001 ORDER OF SUSPENSION OF OFFICAL SAFETY INSPECTOR You are hereby notified that your 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 certification as an Official Safety Inspector will be suspended for two (2) months for each of the 6 counts of faulty inspection (performed incomplete inspections at your location and inspecting without required tools). The suspension(s) will run concurrently, for a total suspension of two (2) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE 40 DAYS FROM THE MAIL DATE OF THIS ORDER. At the end of the 40 days, you are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Safety Inspector Certification Card. Upon the completion of your suspension, your inspector certification card will be returned to you. 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 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 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. MAILING ADDRESS: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S. Front Street, 3rd Floor Harrisburg, PA 17104-2416 $~ncerely, Kurt J. Myers, Director Bureau of Motor Vehicles EXHIBIT "Aa VERIFICATION I verify that the statements made in the foregoing Appeal are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. William G. Bujak, - / ~ Operator 21-695-681 HAR ! - 2002,,.' WILLIAM G. BUJAK, OIM # 21-695-681 PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-157 CIVIL ACTION LAW ORDER AND NOW, this ~day of~, 2002, upon consideration of the Motion for Continuance of the hearing scheduled on March 1, 2002, in the above-captioned appeal, by Counsel for the Petitioner, Smith Bros. Imports Limited, and Counsel for the Respondent, Department of Transportation, it is ORDERED that the Motion is granted and the hearing is re- scheduled on _~day ~ 2002 at '~A M. in Courtroom No.~in the Cumberland County Courthouse, Carlisle, PA. Edward E. Guido, Judge ATTEST: ~oPies to: bert B. Lieberman, Esq., 500 North Third Street, P.O. Box 1004, Harrisburg, PA 17108-1004 ~l~laine N. Blass, Esq., Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2516 ViNV^'],kSt~N~d COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL VEHICLE & TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER - THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2516 VOICE: (717) 787-2830 TELEFAX: (717) 705-1122 HAR 1 - The Honorable Edward E. Gu]do Court of Common Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 February 26, 2002 Re: William G. Bujak, Smith Bros. Imports Ltd. v. Department of Transportation, Bureau of Motor Vehicles, No. 02-158 Civil Term, William G. Bujak, v. Department of Transportation, Bureau of Motor Vehicles, No. 02-157 Civil Term Dear Judge Guido, Counsel for the Petitioner, Robert B. Liebennan, Esq., with my concurrence, as counsel for the Respondent, discussed with your judicial assistant on Monday, February 25th, our joint request for a continuance of the hearing on these appeals. The hearing is scheduled on Friday, March 1, 2002. Your assistant advised that the parties should submit an Order of Continuance. I have enclosed for your consideration an Order for each appeal. I respectfully request that parties be informed of the proposed date of continuance, so that the parties can determine the availability of their witnesses. Thank you. Cc: Robert B. Lieberman, Esq. Sincerely, Elaine N. Blass, Esq. Assistant Counsel Motor Vehicle Section 2OO2 WILLIAM G. BUJAK, O.I.M. #21-956-681, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, RESPONDENT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-157 CIVIL ACTION LAW ORDER AND NOW this ~'~ day of ~ ,2002, it appearing that the Department of Transportation, Bureau of Motor Vehicles, and William Bujak, O.I.M # 21-956-681, have duly considered and entered into a Stipulated Agreement in the above- captioned case, the Court ORDERS, ADJUDGES, AND DECREES as follows: 1. By an official notice of suspension dated and mailed December 13, 2001, the Depari~nent of Transportation, Bureau of Motor Vehicles (Bureau) notified William G. Bujak, O.I.M # 21-956-681, that Mr. Bujak's certification as an Official Safety Inspector will be suspended for a period of two months, as the result of performing faulty inspections. The suspension was imposed in accordance with Section 4726(b) of the Vehicle Code and the Department's regulations at 67 Pa Code §175.51(a). 2. The Bureau imposed a two-month suspension for each of six (6) counts of first violations of a faulty inspection; namely, perfonxxing incomplete safety inspections at his station location and inspecting without the required tools. The six (6) two-month suspensions were imposed concurrently for a total suspension of two (2) months. 3. Mr. Bujak filed a timely Petition To Appeal the two-month suspension on January 11, 2002. in the Court of Common Pleas of Cumberland County. A de novo hearing is scheduled for May 24, 2002. 4. In lieu of the above-noted two-month suspension for first violations of faulty inspections, the Bureau has agreed to grant William G. Bujak a credit of one-month toward the two-month suspension imposed. 5. William G. Bujak agrees to accept the one-month credit toward the two-month suspension and to serve the remaining one-month suspension for the above- noted faulty inspection violations. 6. The Bureau and William G. Bujak have agreed that the safety inspection mechanic will serve the one-month suspension, beginning on Friday, August 30, 2002 and ending on Sunday, September 29, 2002. 7. The Bureau agrees to restore the safety inspection mechanic's privilege and certification as an Official Safety Inspector on September 30, 2002. 8. The faulty inspection violations will remain on William G. Bujak's mechanic's record as first violations ofperfoaning a faulty inspection. 9. William O. Bujak, O.I.M. #21-695-681, waives any and all fight to appeal this matter, as provided for by 75 Pa.C.S. § 4726(c). 10. Upon full execution of the Stipulated Agreement between the parties, William G. Bujak will file a Praecipe To Withdraw his Appeal docketed at No. 02-157 in this matter. Upon receiving a filed copy of the Praecipe To Withdraw its Appeal, the Department of Transportation will update its records to reflect this Agreement. I have read and approved the above-noted terms and conditions of this Stipulated Agreement. Robert B. Lieberman, Esquire DATE Attomey for William G. Bujak Elaine N. Blass, Esquire DATE Attorney for Department of Transportation, Bureau of Motor Vehicles Edward E. Guido, J.