NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 4413]
[Saturday, August 4, 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 August 27, 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-00123976. Kevin McWilliams (75 Pocono Heights Road, Tobyhanna, Monroe County, PA 18466)--persons, upon call or demand, in the Townships of Paradise, Coolbaugh, Tunkhannock, Tobyhanna, Barrett, Price, and the Borough of Mount Pocono, Monroe County.

   A-00123991. James Keefer (121 Hill 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, from points in the County of Lancaster to points in Pennsylvania, and return.

   A-00123994. MJ's Transportation, Inc. (35 Hatville Road, Gordonville, Lancaster County, PA 17529)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster to points in Pennsylvania, and return.

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

   A-00121488, F5000. Star Limousine, LLC (P. O. Box 926, Frazer, Chester County, PA 19355-0923), a corporation of the Commonwealth--for the approval of the transfer of 1,000 shares of issued and outstanding shares held by Edward P. Walsh to William J. Maher. Attorney's: Gary J. McCarthy, Esquire, Eizen, Fineburg & McCarthy, P.C., 2001 Market Street, 34th Floor, Philadelphia, PA 19103 and Robert Selvocki, Esquire, P. O. Box 117, Chadds Ford, PA 19317.

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-00117566, F.1. Valley Paratransit Service, Inc. (110 Industrial Parkway, Sanatoga, PA 19464)--persons upon call or demand in the Boroughs of Pennsburg, East Greenville, Red Hill and Green Lane, and the Village of Palm, Montgomery County.

Application of the following for approval to begin operating as a broker for transportation of household goods as described under the application.

   A-00123990. Transit Systems, Inc. (999 Old Eagle School Road, Suite 114, Wayne, Delaware County, PA 19087)--a corporation of the Commonwealth--brokerage license--to arrange for the transportation of household goods in use, between points in Pennsylvania.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Foundry Service Corporation; Doc. No. A-00096858C0701

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 Foundry Service Corporation, respondent, maintains its principal place of business at 1801 East Sherman Avenue, Vineland, NJ 08360.

   2.  That respondent held a certificate of public convenience at A-00096858 with this Commission for authority to transport property for compensation. However, on December 12, 1982, respondent's cargo insurance was cancelled, and on December 7, 1983, this Commission cancelled repondent's property authority for failure to maintain evidence of cargo insurance on file with this Commission. On the date of the violation alleged in this complaint, respondent did not hold a certificate of public convenience issued by this Commission.

   3.  That respondent, on December 26, 2006, at approximately 9:15 AM, in Hazleton, Luzerne County, Pennsylvania, permitted a certain 2001 Mack Truck, bearing New Jersey License No. AF356M, Vehicle Identification No. 1M2P267C91M060957, to be operated. At that time, Enforcement Officer Angelo D'Alexander, a duly authorized officer of this Commission, found said vehicle to be transporting Dredge Material from Philadelphia, Philadelphia County, to Hazleton, Luzerne County, Pennsylvania, for compensation.

   4.  That respondent, in performing the act described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent transported property for compensation between points in the Commonwealth of Pennsylvania while not then holding a certificate of public convenience issued by this Commission. The penalty is $1,000.00. Future violations may result in possible criminal prosecution with penalties up to $10,000.00 and one year in prison.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Foundry Service Corporation the sum of one thousand dollars ($1,000.00) 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 Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 the Bureau will 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 Commonwealth of Pennsylvania and should be forwarded to:

James J. McNulty, Secretary
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. You must file an application for authority with the Secretary of the Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your response should be directed to the Compliance Office, Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265.

   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.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-1421. Filed for public inspection August 3, 2007, 9:00 a.m.]

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