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Home My WebLink About02-0158WILLIAM G. BUJAK, SMITH BROS. IMPORTS LTD OIS 3946 V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW ORDER OF COURT AND NOW, this __~ 4~ request from Robert B. Liebert, Esq~re, a~omey for Willi~ G. Buj~, Smi~ Bros. Imports LTD, Petitioner ~ ~e above captioned ma~er, IT IS HE,BY O~E~D ~D DEC~ED that a he~g is grated to dete~ine whe~er the action of~e Dep~ent of Tr~spo~tion in suspending the Certificate as ~ Official Safety Inspection Station should be set ~ide. The he~ng is set for the ~day of ~, 2002, at ~M. before ~e Honorable in Co~oom No. , floor, C~berl~d Co~W Co~ouse, One Co.house Sq~e, C~lisle, Pe~sylv~a. This Order sh~l act ~ a supersedes ~d ~e Dep~mem of Tr~spo~ation shill stay the suspension pending the hearing in this matter. WILLIAM G. BUJAK, SMITH BROS. IMPORTS LTD OIS 3946 : v. : NO. : : COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF CERTIFICATION AS A SAFETY INSPECTION STATION TO THE HONORABLE JUDGES OF SAID COURT: ANDNOW, this ti dayof~ ~'} 2002, comes the Petitioner, WILLIAM G. BUJAK, by and through his attorney, ROBERT B. LIEBERMAN, Esquire, and presents the following appeal: 1. That Petitioner is WILLIAM G. BUJAK for and on behalf of his business, Smith Bros. Imports LTD, located 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 Certificate as an Official Safety Inspection Station within the Commonwealth of Pennsylvania. A copy of said official notice is attached hereto and marked Exhibit "A". 3. That Petitioner believes and avers that the determination of the Department is in error, that his station has been in compliance and therefore his certification as a Safety Inspection Station within the Commonwealth of Pennsylvania should not be suspended. WHEREFORE, Petitioner, WILLIAM G. BUJAK, for and on behalf of his business, Smith Bros. Imports LTD, requests that this matter be set for heating before your Honorable Court to determine the appropriateness of the action taken by the Department of Transportation. Respectfully sub~e~, Robert B. Liebeiman, Esquire 500 North Third Street, 12th Floor Harrisburg, PA 17101 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 William G. Bujak Smith Bros. Imports LTD - OIS #3946 6493 Carlisle Pike Mechanicsburg, PA i 7055 (Oper. #21-956-681) Vehicle Inspection Division Post Office Box 69003 Harrisburg, PA 17106-9003 Phone: (717) 787-2895 STATION: 3946 CERTIFIED MAIL: 7001 0320 0003 7377 8536 MAIL DATE: December 13, 2001 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suspension. Pursuant to Deparunental regulations, your Certificate of Appoinmaent 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 mn concurrently, for a total suspension of p. vo (2) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. TIlE SUSPENSION WILL BE EFFECTIVE 40 DAYS FRO.~! TIlE MAIL DATE OF Tills ORDER. At the end of the 40 days, you are ordered to surrender to the Quality Assurance Officer, who is a representative of the Department of Transportation, your Certificate(s) of Appointment, and all safety inspection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Officer for reappointment. A complete and thorough investigation may be conducted to determine if you are qualified for reappointment. You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the Countw. in which the above referenced inspection station is located, WITilIN TIIIRTY (30) DAYS OF TIlE .~IAIL DAlE OF Tills 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 AUTO.~IATICALLY STAY TIlE 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 sen'ed upon the Department at the mailing address listed below. ~IAILING ADDRESS: Department of Transportation Chief Counsel's Office Riverfront Office Center 1101 S Front Street, 3ra Floor Harrisburg, PA 17104-2416 Sincerely, Kurt J. Myers. Director Bureau of Motor Vehicles EXHIBIT "A" 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 unsworn falsification to authorities. William G. Bujak,/~ / / Smith Brothers Imports LTD OIS 3946 WILLIAM G. BUJAK, SMITH BROS. IMPORTS LTD. #OIS 3946 PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-158 CIVIL ACTION LAW ORDER AND NOW, this L~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~~1~ day ~ 2002 at ~ M. in Courtroom No.,,~ in the Cumberland County Courthouse, Carlisle, PA. Edward E. Guido, Judge ATTEST: bobS to: B. Lieb¢~axan, Esq., 500 North Third Street, P.O. Box 1004, Harrisburg, PA 17108-1004 ,~'l~aine N. Blass, Esq., Depa~h~ient of Transportation, Office of Chief Counsel, Rive~fi:ont Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2516 WILLIAM G. BUJAK, d/b/a SMITH BROS.IMPORTS LIMITED, PETITIONER COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : BUREAU OF MOTOR VEHICLES, : RESPONDENT : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-158 CIVIL ACTION LAW ORDER AND NOW this day of '"~ -"I~---2~, 2002, it appearing that the Depashnent of Transportation, Bureau of Motor Vehicles, and William Bujak, d/b/a/ Smith Brothers Imports Limited, O.I.S. #3946, 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 Department of Transportation, Bureau of Motor Vehicles (Bureau) notified Smith Brothers Imports Limited (Smith Brothers) that Smith Brothers' Certificate of Appointment as an Official Safety Inspection Station will be suspended for a period of two months, as the result of perfmming faulty inspections. The suspension was imposed in accordance with Section 4724(a) 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 faulty inspection; namely, performing incomplete safety inspections at its location and without the required tools. The six (6) two-month suspensions were imposed concurrently for a total suspension of two (2) months. 3. Smith Brothers filed a timely Petition To Appeal the two-month suspension on January I 1, 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 Smith Brothers a credit of one-month toward the two-month suspension imposed. 5. Smith Brothers 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 Smith Brothers have agreed that the station 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 station's privilege and Certificate of Authorization to conduct Official Safety Inspections on September 30, 2002. 8. The faulty inspection violations will remain on the station's record as a first violations of performing a faulty inspection. 9. Smith Brothers, O.I.S. #3946, waives any and all right to appeal this matter, as provided for by 75 Pa.C.S. § 4724(b). 10. Upon full execution of the Stipulated Agreement between the parties, Smith Brothers will file a Praecipe To Withdraw its Appeal docketed at No. 02- 158 in this matter. Upon receiving a filed copy of the Pmecipe To Withdraw its Appeal, the Department of Transportation will update its records to reflect this Agreement. I have read and approved the above-noted temis and conditions of this Stipulated A greemer)t. ~~t~ ~ , ~Entered int .y: ~j/t ~,,/~ ~- ~~E~~A DATE Elaine N. Blass, Attorney for Smith Brother Auto Imports, Ltd. Attorney for Department of Transportation, __~ Vehicles Edward E. Guido, J. ROBERT B. LIEBERMAN A~FORNEY AT LAW Five Hundred North Third Street Twelfth Floor P.O. Box 1004 Harrisburg, Pennsylvania 17108-1004 (717) 236-1485 FAX (717) 236-7777 2002 Augustl5,2002 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 In re: William G. Bujak, Operator 21-695-681 v. Commonweolth of Pennsylvania - NO. 02-157 William G. Bujak, Smith Bros. Imports LTD, OIS 3946 v. Commonwealth of Pennsylvania - NO. 02-158 Dear Judge Guido: In connection with the above cases, I am presenting Orders for your review and signatures. The enclosed Orders will resolve both cases and there will be no need for hearings. You will note that the proposed Orders have been signed by both me, my client and Elaine N. Blass, Esquire the attorney for the Department of Transportation. Once the Orders are emered, I am respectfully requesting that you return two certified copies of each Order in the enclosed stamped, self-addressed envelope. If you have any questions or need any additional documentation, please contact me at your convenience. Thank you very much for your assistance in connection with this case. Very truly yours, Robert B. Lieberman RBL/cso cc: Elaine N. Blass, Esquire William G. Bujak