Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 07-1826

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 5355]
[Saturday, September 29, 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 October 22, 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-00123864.  (Corrected) Sharon A. Larosa (P. O. Box 154, 4835 Long Run Road, Loganton, Clinton County, PA 17747)--persons in paratransit service, limited to those persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Clinton County, to points in Pennsylvania, and return.

   A-00124006.  Bucks Cab Co. (405 Gravel Hill Station, Southampton, Bucks County, PA 18966)--a limited liability company of the Commonwealth--persons in call or demand service, between points within the boundaries starting at the intersection of Countyline Road and PA Route 532 extending Northward bound on PA Route 532 to Eastward bound on the Newtown Bypass to North on Lindenhurst Road to Eastbound on Stoopville Road to Northward bound PA Route 413 merging onto Northward bound PA Route 232 merging onto Northward bound PA Route 32 to Southward bound on US Route 202 to Northwestern bound on PA Route 313 to Southward bound on PA Route 611 to Countyline Road heading East ending at the intersection of Countyline Road and PA Route 532.

   A-00124090.  Majesty Coach and Tours, Inc. (P. O. Box 4579, Reading, Berks County, PA 19606), a corporation of the Commonwealth--persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Bucks and Montgomery, to points in Pennsylvania and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.

Application of the following for the approval of the transfer of stock as described under the application.

   A-00108950,  Folder 5000.  Lazer Limousine Services, Inc. (P. O. Box 5100, Limerick, Montgomery County, PA 19468)--a corporation of the Commonwealth--for the approval of the transfer of 2,000 shares of issued and outstanding stock held by Mark J. Chest, President (1,000 shares) and Candice S. Walck, Secretary/Treasurer (1,000 shares) to Michael McLaughlin (500 shares), David Morgan (500 shares) and Robert White (500 shares) with the remaining 500 shares being retained by the corporation. Attorney: Thomas Keenan, 376 East Main Street, Collegeville, PA 19426.

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-00121274.  Mehat Corp. (130 Chatham Road, Upper Darby, PA 19082)--upon call or demand, persons and their baggage; and parcels, packages and property, at the same basic metered rates; the area bounded by a line beginning on the north of the Delaware River at the Philadelphia County Line, thence northwardly, westwardly and southwestwardly along the Philadelphia County Line to Philmont Avenue, thence southwestwardly along Philmont Avenue, Welsh Road, Valley Road, Washington Lane, Township Line to Glenside Avenue (excluding any portion of the Borough of Jenkintown), Easton, Church and Paper Mill Roads to the Philadelphia County Line (Stenton Avenue), thence westwardly along the Philadelphia County Line and Blue Bell to Joshua Road, thence southwestwardly along Joshua Road to Cedar Grove Road, thence southeastwardly along Cedar Grove Road and the Schuylkill River joining the Philadelphia County Line and continuing to Port Royal Avenue, thence across the Schuylkill River to Mill Creek Road, Montgomery County, thence southwestwardly along Mill Creek Road, Lancaster Avenue, Ardmore Avenue into Delaware County, and continuing along Ardmore Avenue, Ellis Road, Lawrence Road and Darby Creek Road to Darby Creek; thence southwardly along Darby Creek to State Road, thence southwardly along State Road, Springfield, Saxer, Baltimore, Woodland and Kedron Avenues to MacDade Boulevard, thence northeastwardly along MacDade Boulevard to Winona Avenue continuing in a straight line to the Delaware River, and thence northwardly along the Delaware River to the place of beginning and persons upon call or demand in the Boroughs of Norwood, Prospect Park, Ridley Park and Rose Valley, the Townships of Ridley, Tinicum, Nether Providence, the Village of Moylan and including Lester and Essington, all in Delaware County; and said area to point in Pennsylvania, and from points in Pennsylvania to said area, if the request for such service is received by call to its radio dispatch; limited to the use of one vehicle;

   Subject to the following conditions:

   1.  That the passenger service provided is subject to the passenger regulations and that the parcel, package and property service provided is subject to the property regulations.

   2.  That the transportation of parcels and packages is limited to vehicles used in the certificateholder's normal call or demand service.

   3.  That, whenever any vehicle is occupied by the shipment or shipments of a rate paying customer, no passenger or other shipment shall be permitted to occupy that vehicle, unless the consent of the customer be first obtained.

   4.  That no charge shall be made for the carriage of hand luggage carried by a fare-paying passenger.

   5.  That the vehicle shall be number P-00604, said number to be displayed on the side of each front quarter panel and the right rear trunk lid. Each digit of the number shall be not less than 1/2" in width and 4" in height and the number shall be painted in a color contrasting to the color of the vehicle. This condition supersedes the marking regulations listed at 52 Pa. Code §§ 29.71(c) and 30.31(11) (relating to marking of vehicles; and vehicle equipment requirements).

   6.  That the vehicle authorized herein shall be equipped with a two-way radio and linked to a central dispatching system.

   A-00122169.  J. Sagan Amish Shuttle Service, LLC (23742 Sterling Road, Cambridge Springs, PA 16403)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Crawford to points in Pennsylvania, and return.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Glen & Laurie, LLC; Doc. No. A-00118865C

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 Glen & Laurie, LLC t/a Glen's Taxi, respondent, maintains his principal place of business at 1610 Olympic Way, Effort, PA 18330.

   2.  That respondent was issued a certificate of public convenience by this Commission on June 23, 2003, at Application Docket No. A-00118865.

   3.  That respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service. Upon attempting to schedule respondent's random taxi inspection, it was determined that the respondent no longer operates the business and has not done so since his voluntary suspension ended on July 17, 2006.

   4.  That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, efficient, and safe service and reasonable facilities, violated 66 Pa.C.S. § 1501.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00118865.

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, which will include the revocation of your Certificate of Public Convenience.

   C.  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 that the Commission issue an Order imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

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

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Raymond Frank Wertz; Doc. No. C20077639

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 Raymond Frank Wertz, Respondent, resides at 226 East Fayette Street, Uniontown, PA 15401.

   2.  That Respondent was previously employed as a professional taxi cab operator and 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 December 12, 2006, at approximately 10:30 a.m., at the Amtrak station, Pittsburgh, Allegheny County, Pennsylvania, purported himself to be a ''car service.'' Respondent offered to provide transportation to Pittsburgh District Office Manager Denise H. Cohen while driving a 1992 Chevy Van bearing Pennsylvania License No. GHB0007, Vehicle Identification No. 2GBEG25K6N4132072.

   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 held himself out to transport 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 Raymond Frank Wertz 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 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            

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 Commonwealth of Pennsylvania and should be forwarded to:

James J. McNulty, Secretary
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 Affidavit with the Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265, stating that you understand the rules and regulations of the Commission and that you will no longer provide transportation between points in the Commonwealth of PA without filing a new application together with the appropriate filing fee to obtain a Certificate of Public Convenience issued by this Commission. If no Affidavit is received within the twenty (20) day time period, the Bureau of Transportation 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.

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

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Michael Paul Macdonald; Doc. No. A-00123576C0701

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 Michael Paul MacDonald, t/a A MacDonald Towing, respondent, maintains his principal place of business at 1397 Kerr Avenue, Emlenton, PA 16373.

   2.  That on November 4, 2006, the respondent was warned by this Commission to cease and desist from transporting property for compensation, between points in Pennsylvania while not holding a certificate of public convenience. The respondent did not hold a certificate of public convenience issued by this Commission on the date of the violation alleged in this complaint.

   3.  That respondent, on February 21, 2007, at approximately 3:00 PM, at, Route 62, Conewago Township, Warren County, PA, permitted a certain 2005 Chevrolet Truck, bearing Pennsylvania License No. RT48634, Vehicle Identification No. 1GBE5C1225F19536, to be operated. At that time, Enforcement Officer Gregory English, a duly authorized officer of this Commission, found said vehicle to be transporting property from Warren, Warren County, to Ellwood City, Lawrence County, PA, for compensation.

   4.  That respondent, on March 22, 2007, filed an application for a certificate of public convenience at A-00123576. The application was dismissed for non-compliance on May 26, 2007.

   5.  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 transported property 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 Michael Paul MacDonald, t/a A MacDonald Towing 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 the Bureau will 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            

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 Commonwealth of Pennsylvania and should be forwarded to:

James J. McNulty, Secretary
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 with the Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265. If no Application is received within the twenty (20) day time period, the Bureau of Transportation 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.

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

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-1826. Filed for public inspection September 28, 2007, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.