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PA Bulletin, Doc. No. 04-311

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[34 Pa.B. 1004]

   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 March 15, 2004. 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-00120446. Kenneth Joseph Strauch t/d/b/a The Limo Guy of Northeast Pennsylvania (121 Hemlock Drive, Clarks Summit, Lackawanna County, PA 18411-2231)--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the County of Lackawanna, and from points in said county, to points in Pennsylvania, and return.

   A-00120451. Peter D. Sauder (1415 Pinkerton Road, Mt. Joy, Lancaster County, PA 17552-8412)--persons upon call or demand in the Borough of Mt. Joy, Lancaster County, and within an airline distance of 10 statute miles of the limits thereof.

   Application of the following for amendment to the certificate of public convenience 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-00108419, Folder 4, Am-A (corrected). Erie Transportation, Services, Inc. (2527 East Avenue, Erie, Erie County, PA 16503), a corporation of the Commonwealth--discontinuance of service--persons in paratransit service, including service for Federal, State, county and local agencies under programs sponsored by those agencies, plan-a-ride service, share-a-ride service, time-call service and senior citizens transportation service between points in the City of Erie, Erie County, and from points in said city to points in the Counties of Armstrong, Beaver, Butler, Clarion, Crawford, Erie, Forest, Jefferson, except DuBois, Lawrence, Mercer and Venango, and return.

Complaint

Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. Hopkins, Frances Louise t/a Area Taxi; Doc. No. A-00097316C

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 HOPKINS, FRANCES LOUISE, T/A AREA TAXI, respondent, maintains her principal place of business at P. O. BOX 368, NORTH EAST, PA 16428.

   2.  That respondent was issued a certificate of public convenience by this Commission on April 5, 1973, at Docket No. A-00097316.

   3.  That, on August 15, 2003 respondent was sent an initial assessment of $37.00. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $37.00.

   4.  That respondent has an outstanding assessment of $37.00.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   WHEREFORE, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) 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, 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:  ______
_________________
Wendy J. Keezel,
Chief of Enforcement

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). 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:

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 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 your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Administrative Services, Attention Steve Reed
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   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 an Order 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 Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 04-311. Filed for public inspection February 20, 2004, 9:00 a.m.]



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