NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[35 Pa.B. 6203]

   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, on or before November 28, 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-00122185. Utopian Livery Service, LLC (131 Hedgerow Lane, West Chester, Chester County, PA 19380), a Pennsylvania limited liability company--persons in limousine service, from points in the Counties of Chester, Delaware and Montgomery to points in Pennsylvania and return.

   A-00122189. Jack A. Carr (22398 Little Cooley Road, Union City, Erie County, PA 16438)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the Counties of Erie and Crawford.

   A-00122190. Barbara Ann Steel (252 IV Enterline Road, Punxsutawney, Jefferson County, PA 15767)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Jefferson and Indiana to points in Pennsylvania and return.

   A-00122187. Sawink, Inc. t/d/b/a County Cab Co. (25 S. Church Lane, Fernwood, Delaware County, PA 19050), a corporation of the Commonwealth--persons upon call or demand, in the County of Delaware, excluding the Townships of Radnor, Marple, Upper Providence and Newtown; which is to be a transfer of all the right authorized under the certificates issued at A-00116074, Fs. 1 and 2 to Audrey Cab, Inc. t/d/b/a County Cab Co., subject to the same limitations and conditions. Michael S. Henry, LLC, 2336 South Broad Street, Philadelphia, PA 19145.

   A-00122191. S. Erbrick Enterprises, Inc. (P. O. Box 3403, Allentown, Lehigh County, PA 18106), a corporation of the Commonwealth--persons, in paratransit service, from points in the Counties of Lehigh, Northampton, Berks and Bucks, to points in Pennsylvania, and return.

   A-00122188. Ronald Warren Bauer, Jr. (817 Oak Grove Road, Lehighton, Carbon County, PA 18235)--persons in paratransit service, between points in Carbon County.

   A-00122184. Racing Limos of the Lehigh Valley and Pocono's, LLC (5201 Lincoln Avenue, Whitehall, Lehigh County, PA 18052), a limited liability company of the Commonwealth--persons, in limousine service, from points in the Counties of Lehigh, Northampton, Carbon and Monroe, to points in Pennsylvania, and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Explorer Cartage, Inc.; Doc. No. A-00119200C0501

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 Explorer Cartage, Inc., respondent, maintains a principal place of business at 2 Woodland Road, 2nd Floor, Wyomissing, PA 19610-1934.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on November 05, 2002, at Application Docket No. A-00119200.

   3.  That respondent has failed to maintain evidence of excess liability and property damage 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 an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00119200, 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 (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:

            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 of the date of service, 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.  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 (20) days of the date of service of this Complaint. The proof of insurance must be filed with the:

            Compliance Office, Bureau of Transportation &    Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE and FAXED FORM E's and H's 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 issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience.

   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 fine set forth above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-2070. Filed for public inspection November 4, 2005, 9:00 a.m.]

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