NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[39 Pa.B. 5376]
[Saturday, September 12, 2009]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 September 28, 2009. 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-2009-2126367. Santos E. Pineda, t/a Pineda Driving Services (129 Park Avenue, Quakertown, Bucks County, PA 18951)—persons, upon call or demand, in the Borough of Souderton, Montgomery County and the Boroughs of Quakertown, Sellersville, Perkasie and the Township of Richland, all in Bucks County.
A-2009-2127155. David R. Boyd, Jr. (1131 Rawlins- ville Road, Willow Street, Lancaster County, PA 17584)—persons, in paratransit service, from points in the County of Lancaster, to points in Pennsylvania, and return.
A-2009-2127185. Paradise Transit, Inc. (131 East Gay Street, West Chester, Chester County, PA 19382)—a corporation of the Commonwealth—on schedule, within the Borough of West Chester, upon the following route: Beginning on West Rosedale Avenue heading west; thence turn left on South New Street and continue south; thence turn right on South Campus Drive going northwest; thence turn left onto Carey Drive going southwest; thence a pick up/drop off location at the intersection of Carey and South Campus Drives; thence continue on Carey Drive through South Campus Apartment Complex thence turn right back onto South Campus Drive heading southeast; thence turn left on South New Street going north; thence turn right on West Rosedale Avenue going east; thence turn right on South Matlack Street going southeast; thence turn left into the West Chester Commons Apartment Complex, West Chester Commons Drive, heading east; thence a pick up/drop off location at the intersection of West Chester Commons Drive and South Matlack Street; thence continue through the complex and head back on West Chester Commons Drive heading west; thence turn right on South Matlack Street going northwest; thence turn left on Rosedale Avenue going west; thence a pick up/drop off location at the intersection of Rosedale Avenue and South High Street; thence turn right on South High Street going north; thence a pick up/drop off location at the intersection of South High and Price Streets; thence turn right on East Market Street going northeast; thence a pick up/drop off location at the intersection of East Market and High Streets; thence continue on the route for two blocks until the next pick up/drop off location at the intersection of East Market and Matlack Streets; thence turn left on Matlack Street going north; thence turn left on East Gay Street going west; thence a pick up/drop off location at the intersection of South High and East Gay Streets; thence continue on said route for another block which leads to the next pick up/drop off location at the intersection of East Gay and Darlington Streets; thence turn left on North New Street going south; thence turn left on West Market Street going east; thence turn right on High Street going south; thence returning to the point of origin by means of West Rosedale Avenue. Attorney: Christoper J. Bailey, 882 South Matlack Street, Suite 101, West Chester, PA 19382.
A-2009-2127009. Call Jeff, LLC (134 Monticello Drive, Monroeville, Allegheny County, PA 15146), a limited liability company of the Commonwealth—for the right to begin to transport, as a common carrier, by motor vehicle, persons in call or demand service, in the Counties of Allegheny and Westmoreland. Attorney: William A. Buck, Esquire, 525 William Penn Place, 30th Floor, Pittsburgh, PA 15219.
A-2009-2127204. Khurshid Haque (309 Indigo Way, Allentown, Lehigh County, PA 18104)—persons, in paratransit service, from points in the Counties of Lehigh and Northampton, to points in Pennsylvania, and return.
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 the application.
A-2009-2127620. John Elias Donton, t/a Schuylkill Moving Service (136 Chestnut Street, Cressona, Schuylkill County, PA 17929)—household goods in use, from points in the County of Schuylkill, to points in Pennsylvania.
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-2009-2124838. Leon M. Brubacher (430 Pleasant Valley Road, Denver, PA 17517)—for the discontinuance of service and cancellation of his certificate for the transportation of persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Pompee Transport, Inc.;
Doc. No. C-2009-2041317
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 Pompee Transport, Inc. (respondent) is under suspension effective March 5, 2008, for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at P. O. Box 1892, Horsham, PA 19044.
3. That respondent was issued a Certificate of Public Convenience by this Commission on July 27, 2007, at A-00123841.
4. That respondent has failed to maintain evidence of Liability insurance and Cargo insurance on file with this Commission. The penalty is $250 and cancellation of the Certificate of Public Convenience.
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 pays the penalty of $250 and 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 A-00123841 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration; and (4) imposes an additional fine on the respondent should cancellation occur.
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 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
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. Under 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 and by paying the $250 fine proposed in the Complaint by certified check or money order 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 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
Complaint Lehigh Valley Taxicab Co., Inc,
Last Known Address
1766 West Market Street
Bethlehem, PA 18018
Pennsylvania Public Utility Commission v.
Re: Lehigh Valley Taxicab Co., Inc.
Docket No.: C-2009-2058197, A-00088477Respondent:
On June 26, 2009, the Bureau of Transportation and Safety instituted a Complaint against Lehigh Valley Taxicab Co., Inc., Respondent, for failure to maintain evidence of bodily injury and property damage liability insurance on file with this Commission, a violation of the Public Utility Code at 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).
In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that, unless the insurer files evidence of insurance with this Commission, and Respondent pays the proposed fine, an Answer to the Complaint must be filed within twenty (20) days of the date of service. The Notice further specified that, if Respondent failed to answer the Complaint within twenty (20) days, the Bureau of Transportation and Safety would request that the Commission cancel Respondent's Certificate of Public Convenience.
The Complaint could not be served on Respondent, Lehigh Valley Taxicab Co., Inc., and a physical check found no forwarding address or physical address for the Respondent. The Complaint was published in the Pennsylvania Bulletin on August 8, 2009. To date, more than twenty (20) days later, respondent has failed to file an Answer to the Complaint and has failed to pay the fine and have its insurer file evidence of insurance with this Commission.
Therefore, the allegations in the Complaint are deemed to be admitted. The Complaint is hereby sustained and the Certificate of Public Convenience, issued to Respondent at A-00088477 is hereby canceled.
Respondent is assessed a fine of $250 for failure to maintain evidence of insurance on file with this Commission as required at 52 Pa. Code § 32. Payment must be made by certified check or money order payable to the Pa. Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
Furthermore, this Commission will request the Pennsylvania Department of Transportation to put an administrative hold on Respondent's vehicle registrations. Respondent will NOT be able to register any new vehicles or renew any existing vehicle registrations until all past due assessments are paid, all past due fines are paid, all insurance filings are up to date, and it holds an active Certificate of Public Convenience issued by this Commission.
This Secretarial Cancellation Letter will also be served on:
The Department of Revenue
Bureau of Audit Programs
Sales and Use Taxes
Tenth Floor, Strawberry Square
Harrisburg, PA 17128-1061and on respondent's insurance carriers:
First Keystone Risk Retention Group, Inc.
4421 Aramingo Avenue
Philadelphia, PA 19124Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 1.1 et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1 et seq. In view of the cancellation of respondent's Certificate of Public Convenience, [he, she, it, they] [is, are] specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.
Should Respondent wish to again begin transportation operations in the Commonwealth of Pennsylvania, Respondent must file a new application for authority in order to obtain a Certificate of Public Convenience. The Respondent must pay all outstanding assessments and fines before this Commission will act on an application for authority. Payment must be made by certified check or money order payable to the Pa. Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
If you believe that you have received this letter in error, you must write a letter stating the reasons you believe this letter is in error and requesting that it be rescinded within thirty (30) days of the date of this letter. The letter shall be sent to Secretary, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
Very truly yours,
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 09-1706. Filed for public inspection September 11, 2009, 9:00 a.m.]
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