NOTICES

Service of Notice of Motor Carrier Applications

[37 Pa.B. 2476]
[Saturday, May 26, 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 June 18, 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-00123746. Kenneth Scott Cobb & William E. Peterson, Partners (3014 Derry Street, Harrisburg, PA 17111)--for the right to begin to transport, as a common carrier, by motor vehicle, persons, upon call or demand, from points in the Counties of Cumberland, Dauphin and York.

   A-00123750. Masilamony Pauliah (1540 Mansfield Court, Bushkill, Monroe County, PA 18324)--for the right to begin to transport, as a common carrier, by motor vehicle, person in paratransit service from points in the Counties of Pike and Monroe, to points in Pennsylvania, and return.

   A-00123764. J & H Transport, LLC (181 Weaver Street, Philadelphia, PA 19119), a limited liability company of the Commonwealth--persons, in paratransit service, from points in the City and County of Philadelphia, to all State and Federal Correctional Institutions in Pennsylvania, and return.

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

   A-00123761. Map Shuttle Service, LLC (939 Oakland Avenue, Langhorne, Bucks County, PA 19047), a limited liability company of the Commonwealth--contract carrier--persons, for Philadelphia Park Casino and Racetrack, between points in the City and County of Philadel-phia and the Counties of Bucks, Montgomery, Chester and Delaware. Attorney: Brandon R. Wind, P. O. Box 1214, Newtown, PA 18940.

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

   A-00123739. Tours R Us, Inc. (112 East Pike Street, Houston, PA 15342)--for a brokerage license evidencing the Commission's approval of the right and privilege to operate as a broker, to arrange for the transportation of persons between points in Pennsylvania.

   A-00123740. Fannie M. Marsico t/a FMM Tours (509 Greenbriar Avenue, New Kensington, PA 15068)--for a brokerage license evidencing the Commission's approval of the right and privilege to operate as a broker, to arrange for the transportation of persons between points in Pennsylvania. Attorney: Matthew M. Jacob, 1203 Law & Finance Building, Pittsburgh, PA 15219.

Application of the following for the 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-00121190. D & B Transportation, Inc. (315 Clermont Avenue, Stroudsburg, PA 18360)--for the discontinuance of service and cancellation of its certificate, as a common carrier, persons, in airport transfer service, from points in the Counties Monroe, Pike, Wayne, Lackawanna and Carbon, to the Wilkes-Barre/Scranton Airport located in the Township of Pittston, Luzerne County, the Allentown/Bethlehem/Easton International Airport, located in the Township of Hanover, Lehigh County, and the Philadelphia International Airport, located in the City of Philadelphia and the Township of Tinicum, Delaware County.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. MIS Taxi, Inc., 100 Bellwood Drive, Upper Holland, PA 019053; Doc. No. A-00120104C0701

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 MIS Taxi, Inc., respondent, is 100 Bellwood Drive, Upper Holland, PA 19053.

   2.  That respondent was issued a certificate of public convenience by this Commission on 10/3/2003, at Docket No. A-00120104.

   3.  That, on August 21, 2006, respondent was sent an initial assessment of $28. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $28.

   4.  That respondent has an outstanding assessment of $28.

   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 penaltycould 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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-956. Filed for public inspection May 25, 2007, 9:00 a.m.]

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