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PA Bulletin, Doc. No. 07-675

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 1750]
[Saturday, April 14, 2007]

   The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by May 7, 2007. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.

Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.

   A-00117441, F6. Wesley Martin Miller, t/d/b/a Wes Miller Transportation (P. O. Box 592, Brownstown, Lancaster County, PA 17508)--persons, in paratransit service, between points in the County of Lancaster, and from points in the said county, to points in Pennsylvania, and return; limited to the transportation of persons whose personal convictions prevent them from owning or operating motor vehicles.

   A-00123459. Just In Time Transportation Service, LLC t/a Just In Time Transportation Service (P. O. Box 948, Waynesboro, Franklin County, PA 17268)--certificate of public convenience to begin to transport, as a common carrier, by motor vehicle, persons upon call or demand, in the Borough of Waynesboro, Franklin County, and within an airline distance of 15 statute miles of the limits of said Borough.

   A-00123459, F2. Just In Time Transportation Service, LLC t/a Just In Time Transportation Service (P. O. Box 948, Waynesboro, Franklin County, PA 17268)--certificate of public convenience to begin to transport, as a common carrier, by motor vehicle, persons in airport transfer service, from points in the County of Franklin to the Philadelphia International Airport, the Harrisburg International Airport and the Lehigh International Airport.

   A-00123613. William Paul Kauffman (1230 Valley Road, Quarryville, Lancaster County, PA 17566)--for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

Application of the following for approval to begin operating as contract carriers for transportation of persons as described under this application.

   A-00123612. JFC Parking and Transportation Service, Inc. (823 Lake Ave., Woodbury Heights, NJ 08097)--certificate of public convenience to begin to transport, as a contract carrier, by motor vehicle, persons for the Hospital of The University of Pennsylvania (HUP)--School of Medicine and for the Presbyterian Medical Center, between points in Philadelphia, Delaware, Chester, Montgomery and Bucks Counties.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods as described under each application.

   A-00122984, F3. Hawk Vision Moving & Storage, LLC, a limited liability company of Pennsylvania, for the additional right to transport, as a common carrier, by motor vehicle, household goods in use, from points in the Counties of Berks, Bucks, Chester, Delaware, Lehigh, Montgomery and Philadelphia, to points in Pennsylvania, and vice versa.

Application of the following for the approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under the application.

   A-00110238, F4. W. L. Roenigk, Inc. t/a W. L. Roenigk (798 Ekastown Road, Sarver, Butler County, PA 16055)--certificate of public convenience to abandon/discontinue the rights to transport, as a common carrier, persons upon call or demand in the Borough of Freeport, Armstrong County and within the airline distance of 6 statute miles of the limits of the said borough.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Mobile Space Transport, Inc., P. O. Box 354 Whiteford, MD 21160; Docket No. A-00106731C0701

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That the principal place of business of Mobile Space Transport, Inc., respondent, is P. O. Box 354, Whiteford, MD 21160.

   2.  That respondent was issued a certificate of public convenience by this Commission on 9/22/1986, at Docket No. A-00106731.

   3.  That, on January 27, 2006, respondent was sent a supplemental assessment of $14. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $14.

   4.  That, on August 21, 2006, respondent was sent an initial assessment of $360. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $360.

   5.  That respondent has a total outstanding assessment of $374.

   6.  That respondent failed to file objections to the assessments, pursuant to 66 Pa.C.S. § 510(c).

   7.  That respondent, by failing to pay the assessments, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   Wherefore, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which (1) cancels the Certificate of Public Convenience issued to respondent, (2) requests the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes, when necessary, an additional fine on the respondent.

Respectfully submitted,
 
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: _____      __________Wendy J. Keezel, Chief of Enforcement

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Administrative Services, Attention
Stanley A. Heintzelman
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue an Order imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

   E.  If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Administrative Services (717) 772-0316.

Corrected Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. David George Fay, 134 Middle Street, Pleasant Gap, PA 16823; Docket No. C-20077328

CORRECTED COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That David George Fay, respondent, maintains his principal place of business at 134 Middle Street, Pleasant Gap, Pennsylvania 16823.

   2.  That on the date of the violation alleged in this complaint, respondent did not hold a certificate of public convenience issued by this Commission.

   3.  That respondent, on September 2, 2006, provided transportation between points in State College, Pennsylvania. Officer Brauser and Officer Paul, of the State College Police Department, observed a vehicle bearing Pennsylvania License No. ERK-8341 pick up four people at the Sports Café in State College, Pennsylvania and transport them to the Sleep Inn in State College, Pennsylvania. The vehicle is a 1987 Toyota sedan registered to David G. Fay. One of the people in the vehicle advised the officers that the driver, identified as David George Fay, held up a yellow taxi sign and quoted a charge of $4.50 for the ride. The driver was given $10.00 and advised to keep the change. The laminated yellow sign that said ''TAXI by Handy Delivery PUC A107326'' was seized by the State College Police Department. Mr. Fay admitted to the officers that he was providing transportation on football nights.

   4.  That respondent, in performing the act described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent provided transportation of persons for compensation between points in the Commonwealth of Pennsylvania while not then holding a certificate of public convenience issued by this Commission. The penalty is $1,000.00. Future violations may result in possible criminal prosecution with penalties up to $10,000.00 and one year in prison.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine David George Fay, the sum of one thousand dollars ($1,000.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,
 
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect that the Bureau will be able to prove same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: _____      __________Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement Division
Bureau of Transportation and Safety

NOTICE

   A.  You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the out come. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) copies sent to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this complaint within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.

   C.  You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed. In such case, to prevent the suspension of your vehicle registration(s), you must file an application for authority with the Secretary of the Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. If no application is received within the twenty (20) day time period, the Bureau of Transportation and Safety will proceed with the request for suspension of your vehicle registration(s). Your response should be directed to the Compliance Office, Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265.

   D.  If you file an answer which admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.

   E.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the optional fine set above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Waters, Keith R. 302 Nelson Avenue, Chesilhurst, NJ 8089; Docket No. A-00111358C0701

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That the principal place of business of Waters, Keith R., respondent, is 302 Nelson Avenue, Chesilhurst, NJ 08089.

   2.  That respondent was issued a certificate of public convenience by this Commission on 9/10/2003, at Docket No. A-00111358.

   3.  That, on August 21, 2006, respondent was sent an initial assessment of $73. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $73.

   4.  That respondent has an outstanding assessment of $73.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   Wherefore, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which (1) cancels the Certificate of Public Convenience issued to respondent, (2) requests the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes, when necessary, an additional fine on the respondent.

Respectfully submitted,
 
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: _____      __________Wendy J. Keezel, Chief of Enforcement

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Administrative Services, Attention
Stanley A. Heintzelman
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue an Order imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

   E.  If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Administrative Services (717) 772-0316.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-675. Filed for public inspection April 13, 2007, 9:00 a.m.]



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