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PA Bulletin, Doc. No. 07-1173

NOTICES

Service of Notice of Motor Carrier Applications

[37 Pa.B. 3078]
[Saturday, June 30, 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 July 23, 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-00120001, F2. Art of Life, Inc. (9150 Marshall Street, Suite 10, Philadelphia, Philadelphia County, PA 19114)--a corporation of the Commonwealth--persons in paratransit service from points in the City and County of Philadelphia, and the Counties of Bucks, Montgomery, Chester and Delaware, to points in Pennsylvania, and return.

   A-00123750 (Corrected). Masilamony Pauliah. (730 Saw Creek Estate, Bushkill, Monroe County, PA 18324)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Lehigh, Bucks and Northampton, to points in Pennsylvania, and return.

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

   A-00096231, F2, Am-E. Veteran's Cab Company, Inc. (4146 Route 982, Latrobe, Westmoreland County, PA 15650)--for amendment to its common carrier certificate, which grants the right, inter alia--to transport persons, in paratransit service, between points in the Boroughs of Mt. Pleasant, Donegal and Scottdale, and the Townships of East Huntingdon, South Huntingdon, Mt. Pleasant and Donegal, Westmoreland County, and from points in said boroughs and townships, to points in the Counties of Westmoreland, Fayette and Allegheny, and return; and between points in the Township of Salem and Borough of New Alexandria, Westmoreland County, and from points in said township and borough, to points in the Counties of Westmoreland and Allegheny, and return: So As To Permit the transportation of persons, in paratransit service, between points in the Boroughs of New Florence, Bolivar and Ligonier, and the Townships of Cook, Fairfield, Ligonier and St. Clair, all in Westmoreland County, and from points in said boroughs and townships, to points in Pennsylvania, and return; subject to the following condition: that no right, power or privilege is granted to provide service to or from the Greater Pittsburgh International Airport located in the Townships of Moon and Findlay, Allegheny County; which is to be a transfer of all the right authorized under the certificate issued at A-00113424, F.2 to Valley Transportation, Inc., subject to the same limitations and conditions. Attorney: William A. Gray, Vuono & Gray, LLC, 2310 Grant Building, Pittsburgh, PA 15219-2383.

Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.

   A-00096231, F6. Veteran's Cab Co., Inc. (4146 Route 982, Latrobe, Westmoreland County, PA 15650), a corporation of the Commonwealth--persons in limousine service, between points in Pennsylvania, excluding the right to transport between points in Allegheny County; which is to be a transfer of all the right authorized under the certificate issued at A-00113424 to Valley Transportation, Inc., subject to the same limitations and conditions. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

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 each application.

   A-00123865. Lubarsky Movers, Inc. (14 Tulip Court, Easton, PA 18045)--certificate of public convenience to begin to transport household goods in use, from the Counties of Bucks, Lehigh, Monroe and Northampton, to points in Pennsylvania, and vice versa.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Road Runner Taxi, Inc., P. O. Box 306, 42 Mountain Drive, Mount Pocono, PA 18344; Doc. No. A-00112393C0701

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 the principal place of business of Road Runner Taxi, Inc., respondent, is P. O. Box 306, 42 Mountain Drive, Mount Pocono, PA 18344.

   2.  That respondent was issued a certificate of public convenience by this Commission on 10/15/1997, at Docket No. A-00112393.

   3.  That, on August 21, 2006, respondent was sent an initial assessment of $109. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $109.

   4.  That respondent has an outstanding assessment of $109.

   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) requests the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations, (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, when necessary, 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 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 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 Stanley A.    Heintzelman
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 Administrative Services (717) 772-0316.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Schlauch, Owen, t/a MTAR Towing & Recovery, R. 1246 Sans Souci Parkway, Wilkes-Barre, PA 18702; Doc. No. A-00115453 C0701

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 the principal place of business of Schlauch, Owen, t/a MTAR Towing & Recovery, respondent, is R. 1246 Sans Souci Parkway, Wilkes-Barre, PA 18702.

   2.  That respondent was issued a certificate of public convenience by this Commission on 5/2/2000, at Docket No. A-00115453.

   3.  That, on January 27, 2006, respondent was sent a supplemental assessment of $20. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $20.

   4.  That, on August 21, 2006, respondent was sent an initial assessment of $500. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $500.

   5.  That respondent has a total outstanding assessment of $520.

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

   7.  That respondent, by failing to pay the assessments, 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) requests the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations, (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, when necessary, 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 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 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 Stanley A.
   Heintzelman
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 Administrative Services (717) 772-0316.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Sherman Howard; Doc. No. A-00121525C

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 Sherman Howard, respondent, maintains a principal place of business at P. O. Box 21771, Philadelphia, PA 19146.

   2.  That respondent was issued a certificate of public convenience by this Commission on October 25, 2005, at Application Docket No. A-00121525 to conduct Paratransit operations. On January 19, 2006, respondent requested a voluntary suspension of operating rights which was granted on January 25, 2006 and valid through November 29, 2006. The respondent was notified by letter dated January 25, 2006, that if he failed to notify this Commission, on or before November 29, 2006, of his intent to resume services, along with the filing of a Form E as proof of liability insurance, that a complaint for abandonment would be instituted.

   3.  That respondent failed to notify this Commission of his intent to resume operations and failed to file proof of insurance. Therefore, respondent abandoned or discontinued service without having first submitted an application to this Commission containing a statement that service is no longer being rendered.

   4.  That respondent, by failing to submit a an application to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(1)(v) and, by failing to maintain adequate, efficient and safe service and 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-00121525.

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 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 17105-3265

   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, which will include the revocation of your Certificate of Public Convenience.

   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.

   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.

   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. 07-1173. Filed for public inspection June 29, 2007, 9:00 a.m.]



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