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PA Bulletin, Doc. No. 11-674

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[41 Pa.B. 2105]
[Saturday, April 16, 2011]

 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 2, 2011. 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.

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

A-2011-2233609. Marco Tralongo, t/a Quality Limousine Service (4806 Gardenville Road, Pittsburgh, Allegheny County, PA 15236)—in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in Pennsylvania; excluding areas under the jurisdiction of the Philadelphia Parking Authority.

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 persons by transfer of rights as described under the application.

A-2011-2231468. Health Ride Plus, Inc. (406 Magnolia Street, Northern Cambria, Cambria County, PA 15714), for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service from points in the Counties of Clarion, Elk, Indiana, Jefferson, Cambria, Clearfield, Somerset, Blair, Bedford, Huntingdon, Centre and Mifflin, to points in Pennsylvania, and return; which is to be a transfer of all the rights from A-00107235 F0003 & F0003, Am-A, subject to the same limitations and conditions. Attorney: J. Dennis Previte, Esquire, P. O. Box 785, Northern Cambria, PA 15714.

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-2011-2229831. Frank A. Stumpo, t/a Franks Moving Service (1407 West 26th Street, Erie, Erie County, PA 16508)—household goods in use, from points in Erie County, to points in Pennsylvania, and vice versa.

Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of household goods by transfer of rights as described under the application.

A-2011-2233671. Bekins A-1 Movers, Inc., t/a Ace Moving and Storage (125 Stewart Road, Wilkes-Barre, PA 18706-1462), household goods in use: (1) from points in the City of Nanticoke, Luzerne County, and within an airline distance of 3 miles of the limits of said City and from points in the Township of Newport, Luzerne County, to points in the County of Luzerne and vice versa; (2) between points in the City of Nanticoke, Luzerne County; (3) between points in the City of Wilkes-Barre, Luzerne County, and within 3 miles of the limits of said City; and (4) from points in the City of Wilkes-Barre, Luzerne County and within 3 miles of the limits of the said City, to other points in Pennsylvania, and vice versa, between points in Pennsylvania, which is to be a transfer of all the right authorized under the certificate issued at A-00099670, Delphine Painter, t/a Painter's Van Lines, subject to the same limitations and conditions. Attorney: Craig A. Doll, 25 West Second Street, P. O. Box 403, Hummelstown, PA 17036-0403.

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. LAN Trans Co., Inc.;
Doc. No. C-2010-2213376

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 LAN Trans Co., Inc., Respondent, maintains a principal place of business at PO Box 52221, Philadelphia, PA 19116.

 2. That Respondent was issued a certificate of public convenience by this Commission on February 7, 2005, at Docket No. A-00121006, F. 2, on February 18, 2005, at Docket No. A-00121006, F. 4, and on March 2, 2005, at Docket No. A-00121006, F. 5, for call or demand authority.

 3. That, between December 1 and December 31 of 2006, 2007, 2008 and 2009, Respondent did not provide this Commission with a current list of all of its vehicles utilized under its call or demand authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. It shall be mailed to: Director, Bureau of Transportation and Safety, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105.

 4. That, Respondent, by failing to provide this Commission with a current vehicle list, violated 52 Pa. Code § 29.314(c). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $250.

Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine LAN Trans Co, Inc. the sum of two hundred and fifty dollars ($250) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Director 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: ____ _________________

Michael E. Hoffman, Director
Motor Carrier Services and Enforcement Division
Bureau of Transportation and Safety

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). 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 copies sent to:

    Rosemary Chiavetta, 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 a Secretarial Letter 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 the fine proposed in this Complaint by certified check or money order within twenty (20) days. Your certified check or money order should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

    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.

 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 a Secretarial Letter 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 this Complaint.

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

____

Date of Service: March 23, 2011 Re-Served

Docket Number: C-2011-2230352

Harunoo Rashid
Rashid Transportation, LLC
P. O. Box 7494
Steelton, PA 17113

Pennsylvania Public Utility Commission Bureau of Transportation and Safety
vs.
Rashid Transportation, LLC

Dear Sir/Madam:

 The Pennsylvania Public Utility Commission has delegated its authority to initiate prosecutory proceedings to several bureaus in the Commission with enforcement responsibilities.

 Pursuant to this delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff has filed the attached complaint against you.

 Please refer to the Notice page at the conclusion of this complaint for detailed instructions on how to proceed. Alternative formats of this material are available for persons with disabilities.

 Any questions may be directed to the Technical Review Section of the Bureau of Transportation and Safety at (717) 787-1168.

 Very truly yours,

 Rosemary Chiavetta
Secretary

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Harunoo Rashid,
Rashid Transportation, LLC;
Doc. No. C-2011-2230352, A-6411001

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 Rashid Transportation, LLC, respondent, maintains its principal place of business at P. O. Box 7494, Steelton, Dauphin County, PA 17113.

 2. That respondent was issued a certificate of public convenience by this Commission on November 24, 2009, at Docket No. A-6411001, for paratransit authority.

 3. That on April 5, 2010, a voluntary suspension was granted for Rashid Transportation, LLC, at Docket No. A-2010-2163414 until March 9, 2011. The respondent was advised in the April 5, 2010 letter, that it was required to notify the Commission, in writing, of its intentions to resume operations on or before March 9, 2011, and file acceptable evidence of insurance, or a complaint for abandonment of service would be instituted against it. No communication has been received by the respondent.

 4. That respondent, by failing to file an application for discontinuance of paratransit service with this Commission, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2).

Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Rashid Transportation, LLC's certificate of public convenience at A-6411001, for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Director 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: ____ _________________

Michael E. Hoffman, Director
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:

    Rosemary Chiavetta, 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 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. 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 impose an additional fine of up to $1,000.

 D. 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.

 E. 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.

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Kayla Enterprises, Ltd.;
Doc. No. C-2010-2213160

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 Kayla Enterprises, Ltd., Respondent, maintains a principal place of business at 5937 A North Hutchinson Street, Philadelphia, PA 19141.

 2. That Respondent was issued a certificate of public convenience by this Commission on June 28, 2004, at Docket No. A-00120764, F. 2, on October 20, 2004, at Docket No. A-00120764, F. 3, and November 24, 2004, at Docket No. A-00120764, F. 4, for call or demand authority.

 3. That, between December 1 and December 31 of 2006, 2007, 2008 and 2009, Respondent did not provide this Commission with a current list of all of its vehicles utilized under its call or demand authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. It shall be mailed to: Director, Bureau of Transportation and Safety, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105.

 4. That, Respondent, by failing to provide this Commission with a current vehicle list, violated 52 Pa. Code § 29.314(c). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $250.

Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Kayla Enterprises, Inc. the sum of two hundred and fifty dollars ($250) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Director 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: ____ _________________

Michael E. Hoffman, Director
Motor Carrier Services and Enforcement Division
Bureau of Transportation and Safety

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). 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 copies sent to:

    Rosemary Chiavetta, 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 a Secretarial Letter 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 the fine proposed in this Complaint by certified check or money order within twenty (20) days. Your certified check or money order should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

    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.

 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 a Secretarial Letter 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 this Complaint.

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

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 11-674. Filed for public inspection April 15, 2011, 9:00 a.m.]



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