NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 3745]

   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 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.

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

   A-00121886. Donald A. Mong (114 South Washington Street, North East, Erie County, PA 16428)--persons, in paratransit service, between points in the Borough of Wesleyville, and the Townships of North East, Harborcreek and Lawrence Park, Erie County, and from points in said territory, to points in Pennsylvania, and return.

   A-00121889. William Brown t/a B & D Transportation (114 Voganville Road, New Holland, Lancaster County, PA 17557)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.

   A-00121890. Leila Ann Martin t/a People Pickup (104 Covington Drive, Johnstown, Cambria County, PA 15904, (814) 266-2996)--persons, in paratransit service, between points in the County of Cambria, and from said county to points in Pennsylvania and return.

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-00120266, Folder 1, Am-A. Ricky Wright t/a Wright Way Taxi (17118 Route 36 South, Punxsutawney, Jefferson County, PA 115767)--abandon/discontinue the right to transport, persons in call or demand service, in the Boroughs of Big Run and Punxsutawney and the Townships of Young, Perry, Oliver, McCalmont, Bell, Henderson and Gaskill, all in Jefferson County, and the Borough of Glen Campbell and the Townships of Canoe, North Mahoning and Banks, all located in Indiana County.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. William J. Heil; Doc. No. A-00114835C0501

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 William J. Heil, respondent, maintains a principal place of business at 1311 Deer Path Drive, Walnutport, PA 18088.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on June 4, 1998, at Application Docket No. A-00114835.

   3.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance on file with this Commission.

   4.  That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).

   Wherefore, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue a Secretarial Letter which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00114835, for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) 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

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 of the date of service, 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, Contract Carrier Permit, or Brokerage license, 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 causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty days of the date of service of this Complaint. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the evidence of insurance from your insurer, the complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.

   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 that the Commission enter 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 optional penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.

Complaint

Alpha & Omega Transportation Inc.
5171 Campbell's Run Road
Pittsburgh PA 15205

In re: Pennsylvania Public Utility Commission v. Alpha & Omega Transportation, Inc.; Doc. No. A-00117472C0404

   Dear Respondent:

   On October 27, 2004, the Bureau of Transportation and Safety instituted a complaint against Alpha & Omega Transportation, Inc., respondent, alleging that respondent violated 52 Pa. Code §§ 32.2 and 32.11, by failing to maintain evidence of insurance on file with this Commission, and, by operating its vehicle while under suspension, violated 66 Pa.C.S. § 501(c) in that it failed to observe, obey and comply with a Commission regulation or order, and the terms and conditions thereof.

   Respondent was duly notified that, if no answer was filed within twenty (20) days from the date of service of the complaint, that either admitted or failed to deny the allegations of the complaint, the penalty would be imposed.

   The complaint and notice were mailed by certified mail to respondent on October 27, 2004 and returned as unclaimed. The complaint was then served by first class mail on or about November 20, 2004; and to date, more than thirty (30) days later, no response has been received from respondent.

   Therefore, the allegations in the complaint are admitted and the complaint is sustained.

   Respondent, within twenty (20) days from the date of the service of this letter, shall pay a fine of one thousand dollars ($1,000.00) by certified check or money order payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315, shall cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq., and the Regulations of this Commission, 52 Pa. Code §§ 1.1, et seq.

                     Very truly yours,
 
James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-1286. Filed for public inspection July 1, 2005, 9:00 a.m.]

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