NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[37 Pa.B. 4850]
[Saturday, September 1, 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 September 24, 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-00124041. Williamsport Area Ambulance Service Cooperative, t/a Susquehanna Regional EMS. (777 Rural Avenue, Williamsport, Lycoming County, PA 17701)--persons in paratransit service from points in the Counties of Sullivan, Lycoming and Tioga, to points in Pennsylvania, and return. Attorney: Christina M. Mellott, Esquire, Page, Wolfberg & Wirth, LLC, 5010 East Trindle Road, Suite 202, Mechanicsburg, PA 17050.
A-00124042. David L. Bernard, t/a Bernard's Taxi Service. (P. O. Box 254, Parkersburg, PA 19365)--as a common carrier, persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County, and that portion of Chester County west of Pennsylvania Traffic Route 10, to points in Pennsylvania, and return.
A-00124044. Carmelo A. Castillo, t/a Neighborly Transport Service. (247 Windsor Court, Quakertown, Bucks County, PA 18951)--persons in paratransit service from points in Counties of Northampton, Montgomery and Bucks, to points in Pennsylvania, and return.
Applications of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under each application.
A-00105054, F3. Byers Taxi Service, Inc. (115 Franklin Avenue, Vandergrift, PA 15690)--a corporation of the Commonwealth--to transport persons, in airport transfer service, from points in Armstrong County on and south of U. S. Highway 422 and east of SR 28, and from the Boroughs of Kittanning and West Kittanning, Armstrong County, and the Cities of New Kensington, Arnold and Lower Burrell, the Townships of Allegheny, Bell, Washington and Upper Burrell, and the Boroughs of Vandergrift, East Vandergrift, Oklahoma, Avonmore, Hyde Park and West Leechburg, Westmoreland County, to the Pittsburgh International Airport located in the Township of Findlay, Allegheny County, and the Arnold Palmer Airport located in Unity Township, Westmoreland County. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.
A-00117313, F2. Rodney P. Andrews, t/a Classic Limousines. (1256 East Evergreen Drive, Phoenixville, Chester County, PA 19460), for the additional right to begin to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Chester, Philadelphia and Montgomery, to points in Pennsylvania and return.
A-00123315, F3. Anthony John Yeager, t/a Tony's Tioga Trolley Tours. (849 Copp Hollow Road, Wellsboro, Tioga County, PA 16901)--for the additional right to begin to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Tioga, Bradford and Potter, to points in Pennsylvania and return.
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-00119509. Joseph Engel. (1215 Farm Crest Drive, Ephrata, Lancaster County, PA 17522)--for the discontinuance of service and cancellation of his certificate, as a common carrier, by motor vehicle, authorizing the transportation of persons in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, between points in the Counties of Lancaster and that part of Chester County west of Route 10 and from points in said territory, to points in Pennsylvania, and return.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Wm. Rowen Grant Funeral Home; Doc. No. A-00095170C0701
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 WM. Rowen Grant Funeral Home, respondent, maintains a principal place of business at 1920 Sansom Street, Philadelphia, PA 19103.
2. That respondent was issued a Certificate of Public Convenience by this Commission on June 20, 1969, at Application Docket No. A-00095170.
3. That respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service. Respondent has reported receiving no intrastate revenue since at least prior to 1993.
4. That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, efficient, and safe service and reasonable facilities, violated 66 Pa.C.S. § 1501.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00095170.
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 that the Bureau will be able to prove 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
Motor Carrier Services and Enforcement Division
Bureau of Transportation and Safety
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 17105-3265B. 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, which will include the revocation of your Certificate of Public Convenience.
C. 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 revocation of your Certificate of Public Convenience.
D. If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.
E. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Kenneth C. and Diane M. Lapinski; Doc. No. A-00114580C0701
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 Kenneth C. and Diane M. Lapinski, t/a Falcon Enterprises, respondents, maintain their principal place of business at 101 Orchard Road, New Wilmington, PA 16142.
2. That respondents were issued certificates of public convenience by this Commission on June 10, 1998, for Limousine authority, at Application Docket No. A-00114580, F.1, on May 14, 1998, for paratransit authority, at Application Docket No. A-00114580, F. 2, on March 19, 1999, for limousine authority, at Application Docket No. A-00114580, F. 3, and on March 9, 1999, for group and party 16+ authority, at Application Docket No. A-00114580, F. 4.
3. Enforcement Officer William D. Wested went to the respondents' place of business at 101 Orchard Road, New Wilmington on October 17, 2006, November 17, 2006 and January 9, 2007, to conduct an annual limousine inspection. The premises were vacated.
4. The Commission's safety office has attempted to conduct respondents' annual safety inspection with no success. A letter was sent to respondents on January 25, 2007, from the Manager of the Pittsburgh District Office outlining the information required for the inspection and asking for a response by February 12, 2007. Respondents failed to contact the district office to schedule their annual inspection. Visits were made to the respondents' address and to post offices, a review of phone directories and a search of internet directories were made, and checks with the local police have been conducted. As of this date, no contact by the carrier has been received by either the Harrisburg or Pittsburgh District Office.
5. Respondents have not notified the Commission of any change of address.
6. Respondents have not filed assessment reports with the Commission since 2003.
7. Respondents abandoned or discontinued limousine and paratransit service without having submitted an application with this Commission to discontinue service, and abandoned or discontinued G & P 16+ service without having submitted a letter to this Commission.
8. That respondents, by failing to file with this Commission applications to discontinue limousine and paratransit service, and a letter containing a statement that group and party 16+ service is no longer being rendered, and by failing to file assessment reports since 2003, violated 52 Pa. Code § 3.381(a)(1)(v), § 3.381(a)(5), and 66 Pa.C.S. §§ 1102(a)(2) and 510(b).
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Kenneth C. and Diane M. Lapinski, t/a Falcon Enterprise's certificates of public convenience at A-00114580, Fs. 1, 2, 3 and 4.
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, 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, Chief of Enforcement
Motor Carrier Services and Enforcement Division
Bureau of Transportation and Safety
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 17105-3265B. If you fail to answer this Complaint within twenty (20) 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 penalty could 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. 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 an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.
D. 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.
E. 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. 07-1643. Filed for public inspection August 31, 2007, 9:00 a.m.]
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