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PA Bulletin, Doc. No. 12-1435

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[42 Pa.B. 4833]
[Saturday, July 28, 2012]

 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 August 13, 2012. 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-2012-2297392. Barbara Hughes (614 Smith Road, Port Matilda, Centre County, PA 16870)—persons, in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Centre, to points in Pennsylvania, and return.

A-2012-2301558. Daniel Z. Martin, t/a D. Z. Martin (5581 Meadville Road, Gap, Lancaster County, PA 17527)—persons, in paratransit service, 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-2012-2301745. Terry Suter (2123 Old Philadelphia Pike, Lancaster, Lancaster County, PA 17602)—persons, in paratransit service, 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-2012-2303837. Scranton Transportation, LLC (1102 South Main Avenue, Scranton, PA 18509) for the right to begin to transport, as a common carrier, by motor vehicle, persons, upon call or demand, to and or from points within Lackawanna County. Attorney: John P. Rodgers, Esquire, 15 Public Square, Suite 210, Wilkes-Barre, PA 18701.

____

Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Gur Parshad Inc;
Doc. No. C-2011-2255900 A-00118542

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 Investigation and Enforcement and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:

 1. That Gur Parshad Inc, Respondent, maintains a principal place of business at 4421 Aramingo Avenue, Philadelphia, PA 19124.

 2. That Respondent was issued a certificate of public convenience by this Commission on February 22, 2002, at A-00118542.

 3. That, pursuant to 66 Pa.C.S. § 510(b), every public utility must annually file with the Commission an Assessment Report showing its gross intrastate operating revenues for the preceding calendar year.

 4. That Respondent failed to file Assessment Reports for calendar years 2007, 2008, 2009, and 2010.

 5. That Respondent, by failing to file the Assessment Reports, as described above, violated 66 Pa.C.S. § 510(b).

Wherefore, unless Respondent files an answer to this Complaint within twenty (20) days of the date of service, which denies the allegations or contests this Complaint, the Bureau of Investigation and Enforcement hereby requests that the Commission issue a Secretarial Letter which (1) fines Respondent one thousand dollars ($1,000.00), (2) directs Respondent to file an assessment report with this Commission for the 2011 calendar year by March 31, 2012, and (3) informs Respondent that, if an assessment report is not filed in the future, cancellation of Respondent's certificate of public convenience may occur.

 Respectfully submitted,

Michael E. Hoffman, Manager
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Manager of the Bureau of Investigation and Enforcement, 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: ____9/29/11_____
Michael E. Hoffman, Manager

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 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 Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the $1,000.00 penalty proposed in this Complaint. 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 filing the enclosed Assessment Report showing intrastate revenues for the 2010 calendar year, within twenty (20) days of the date of service of this Complaint. The report should be sent to:

Compliance Office
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Your filing of the report is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of the filing, the complaint proceeding shall be closed and no fine will be imposed. Blank Assessment Report Forms are also available at www.puc.state.pa.us.

 D. If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request the Commission to issue a Secretarial Letter imposing the penalty proposed in this Complaint.

 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. 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.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 12-1435. Filed for public inspection July 27, 2012, 9:00 a.m.]



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