NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[37 Pa.B. 6093]
[Saturday, November 10, 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 December 3, 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-00124171. Robert E. Plank (1574 Main Street, Box 102, Goodville, Lancaster County, PA 17528)--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.
A-00124178. Ground and Air Resources, LLC (1765 Goucher Street, Johnstown, Cambria County, PA 15905)--a limited liability company of the Commonwealth--persons in airport transfer service, from the Counties of Blair, Cambria, Somerset, Indiana, Westmoreland, Erie, Crawford, Mercer, Lawrence and Butler, to the Pittsburgh International Airport, located in the County of Allegheny. Attorney: Michael J. Parrish, Jr., Spence, Custer, Saylor, Wolfe & Rose, LLC, P. O. Box 280, Johnstown, PA 15907.
Application of the following for approval to begin operating as contract carriers for transportation of persons as described under each application.
A-00124177. Sierra Transportation, LLC, t/a Sierra Transportation (21 Maytide Street, Pittsburgh, Allegheny County, PA 15227)--persons from points in Allegheny County to points in Pennsylvania, and return, for the Life Pittsburgh.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Evans Motor Car Co., Inc.; Doc. No. A-00110299C0701
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 all authority issued to Evans Motor Car Co., Inc. (respondent) is under suspension effective 09/19/2007 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at Evans Motor Car Co., Inc., P. O. Box 1214 North Drive, Wrightstown, NJ 08562.
3. That respondent was issued a Certificate of Public Convenience by this Commission on 8/18/1994 at Application Docket No. A-00110299.
4. That respondent has failed to maintain evidence of bodily injury and property damage liability insurance and cargo insurance on file with this Commission.
5. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00110299 for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes 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, 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 outcome. 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 17105-3265B. If you fail to answer this Complaint within twenty (20) days of the date of service, 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 causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty (20) days of the date of service of this Complaint. The proof of insurance must be filed with the
Compliance Office, Bureau of Transportation and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
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 an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. 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 optional fine set forth above.
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. WM. Rowen Grant Funeral Home; Doc. No. A-00095170C0701
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 WM. Rowen Grant Funeral Home, respondent, maintains a principal place of business at 1920 Sansom Street, Philadelphia, PA 19103.
2. That respondent was issued a Certificate of Public Convenience by this Commission on June 20, 1969, at Application Docket No. A-00095170.
3. That respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service. Respondent has reported receiving no intrastate revenue since at least prior to 1993.
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-00095170.
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
Bureau of 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 17105-3265B. 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.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 07-2080. Filed for public inspection November 9, 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.
