NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 2045]

   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 April 25, 2005. 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-00120333. C & S Ambulance Service, Inc. (P. O. Box 150, Vandergrift, Westmoreland County, PA 15690)--persons in paratransit service, between points in the Township of Washington, the Boroughs of Vandergrift and East Vandergrift, all in Westmoreland County, the Township of Parks, Armstrong County, and the Boroughs of Cabot and Saxonburg, Butler County, and from points in said boroughs and townships to other points in Pennsylvania, and return; subject to the following restrictions: (1) the service provided to Parks Township, Armstrong County, Vandergrift and East Vandergrift Boroughs, Westmoreland, County, is limited to members of the Vandergrift Ambulance Service; (2) the service provided to Washington Township, Westmoreland County, is limited to West Haven Nursing Home and Westview Manor; (3) the service provided in Cabot Borough, Butler County, is limited to Concordia Health Care; (4) the service provided to Saxonburg Borough, Butler County, is limited to Saxony Health Center; (5) the service is limited to the use of vehicles modified to handle wheelchairs and having emergency vehicle registration plates; and (6) the service is limited to the transportation of persons who are nonambulatory or persons who, due to chronic or acute physical or mental conditions, require pretrip preparations such as assistance in being dressed or lifted or medical monitoring or the use of medical appliances or equipment or a medical escort during transit.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Dusenberry, Tim t/a Greene County Cab Service; Doc. No. A-00113136C

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 Dusenberry, Tim t/a Greene County Cab Service, respondent, maintains his principal place of business at 405 Fourth Avenue, Waynesburg, PA 15370.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 23, 1996, at Docket No. A-00113136.

   3.  That, on August 11, 2004 respondent was sent an initial assessment of $413.00. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $413.00.

   4.  That respondent has an outstanding assessment of $413.00.

   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 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 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) 783-61.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-632. Filed for public inspection April 1, 2005, 9:00 a.m.]

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