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PA Bulletin, Doc. No. 06-409

NOTICES

Service of Notice of Motor Carrier Applications

[36 Pa.B. 1194]

   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 3, 2006. 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-00122476. Timothy S. Powell (212 Pine Run 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 Armstrong, Clearfield, Indiana and Jefferson, to points in Pennsylvania, and return.

   A-00122478. Mary Anne Fultz (188 Pine Lane, Belleville, Mifflin County, PA 17004)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Mifflin, to points in Pennsylvania, and return.

   A-00122479. Conneaut Lake Area Ambulance Service, Inc. (P. O. Box 546, Conneaut Lake, Crawford County, PA 16316), a corporation of the Commonwealth-- persons in paratransit service, from points in the County of Crawford, to points in Pennsylvania, and return.

   A-00122472. Arrowhead Point to Point Service, Inc. (3422 Fourth Avenue, Suite 9, Beaver Falls, Beaver County, PA 15010)--persons in paratransit service, from points in the County of Beaver to points in Pennsylvania and return. Attorney: William H. McNees, Jr., 345 Commerce Street, Beaver, PA 15009.

Applications 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-00122448. R.D.S. Movers, Inc. (879 Marker Drive, West Chester, Chester County, PA 19382) a corporation of the Commonwealth--household goods in use, between points in Chester County.

   A-00122443. Delauter's A-1 Services, Inc. (388 Newcomer Road, Windsor, York County, PA 17366) a corporation of the Commonwealth--household goods in use, from points in York County to points in Lancaster, Dauphin, Cumberland and Adams Counties, and vice versa.

Application of the following for the approval of the transfer of stock as described under the application.

   A-00114529, Folder 5000. King's Transit, Inc. (285 South East Street, Waynesburg, Greene County, PA 15370)--for the approval of the transfer of 480 shares of issued and outstanding stock held by Harold E. King, Jr. to Harold E. King, III. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Triage, Inc.; Doc. No. A-00101899C0501

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 Triage, Inc., respondent, maintains a principal place of business at 800 W. Olney Avenue, Philadelphia, PA 19120.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on January 7, 1983, at Application Docket No. A-00101899.

   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 an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00101899, 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.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Wayne Anderson Thompson d/b/a All Pro Limousine; Doc. No. A-00119860C0501

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 Wayne Anderson Thompson d/b/a All Pro Limousine, respondent, maintains a principal place of business at P. O. Box 16009, Pittsburgh, PA 15242.

   2.  That respondent was issued a Certificate of Public Convenience by this Commission on December 11, 2003 and March 30, 2004, at Application Docket No. A-00119860 Fls. 1 and 2, respectively.

   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 an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00119860 Fls. 1 and 2, 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.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Wayne Anderson Thompson t/a All Pro Limousine, 3634 Grenada Street, Pittsburgh, PA 15212; Doc. No. A-00119860C0601

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 Wayne Anderson Thompson, t/a All Pro Limousine, respondent, maintains its principal place of business at 3634 Grenada Street, Pittsburgh, Pennsylvania 15212.

   2.  That respondent was issued certificates of public convenience by this Commission on March 30, 2004, at Application Docket No. A-00119860, for limousine authority, and on December 11, 2003, at Application Docket No. A-00119860, F. 2, for group and party 16+ authority.

   3.  On May 17, 2005, respondent transported passengers in a 2004 Ford limousine bearing Pennsylvania License No. LM24489, Vehicle Identification No. 1FMPU15L24LA51978, from 48 4th Avenue, Rankin, Allegheny County, Pennsylvania to the Omni William Penn Hotel, Pittsburgh, Allegheny County, Pennsylvania for $140.00. Respondent's trip sheet indicated that Rosalind Fisher reserved the limousine for the prom for six (6) passengers, four (4) hours. Respondent's tariff on file with this Commission at Limousine-Pa. P.U.C. No. 1 indicates a rate of $500.00 for the first four (4) hours (or fraction thereof); each additional hour (or fraction thereof) is $125.00. The correct rate should have been $500.00, plus 15% gratuity, for a total of $575.00. The penalty is $250.00.

   4.  That respondent, in performing the act described in Paragraph 3, violated 66 Pa.C.S. §  1303, by not charging in accordance with its tariff on file with this Commission.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Wayne Anderson Thompson, t/a All Pro Limousine, the sum of two hundred fifty dollars ($250.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,
 
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Safety & Enforcement Division
Director, 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 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 a Secretarial Letter imposing a penalty.

   C.  You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.

   D.  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 a Secretarial Letter imposing a penalty.

   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. 06-409. Filed for public inspection March 10, 2006, 9:00 a.m.]



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