NOTICES
Service of Notice of Motor Carrier Applications
[37 Pa.B. 5108]
[Saturday, September 15, 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 October 9, 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.
Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.
A-00124057. Clifford Weatherby (2692 SR 168, Volant, Lawrence County, PA 16156)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lawrence to points in Pennsylvania, and return.
Application 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 the application.
A-00123351, F4. 903 Rentals, Inc. (1358 SR 903, Jim Thorpe, PA 18229)--a corporation of the Commonwealth--for the additional right, to transport as common carrier, by motor vehicle, persons in airport transport service, from points in the Borough of Jim Thorpe, Carbon County and within an airline distance of 100 statute miles of the limits thereof, to the following airports: Lehigh Valley International Airport located in the Township of Hanover, Lehigh County; North Philadelphia Airport, located in the City and County of Philadelphia; Warrington Airport located in the Township of Warrington, Bucks County; Reading Municipal Airport located in the Township of Bern, Berks County; Philadelphia International Airport located in the City and County of Philadelphia and the Township of Tinicum, Delaware County and Wilkes-Barre Scranton International Airport, located in the City of Avoca, Lackawanna County.
Application 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 by transfer of rights as described under the application.
A-00124048. ABC Easy Moving & Storage Company, LLC, a corporation of the Commonwealth of Pennsylvania (113 Livingston Road, West Mifflin, Allegheny County, PA 15122)--household goods, office furnishings and store equipment, in use, between points in the 27th Ward of the City of Pittsburgh and the Boroughs of Bellevue, Avalon, Ben Avon and West View and the Township of Ross, Allegheny County; (2) as a Class D carrier, household goods, office furnishings and store equipment, in use, from points in the 27th Ward of the City of Pittsburgh and the Boroughs of Bellevue, Avalon, Ben Avon and West View and the Township of Ross, Allegheny County, to other points in Pennsylvania within 75 miles by the usually traveled highways of the City-County Building in the City of Pittsburgh; and (3) as a Class D carrier, household goods and office furniture, in use, between points in the county of Allegheny; which is to be a transfer of rights authorized under the certificate issued at A-00108005, F.1. to Roland T. Barry, t/a ABC EZ Moving Co., subject to the same limitations and conditions. Attorney: Daniel R. Tobin, Esquire, 103 North Meadows Drive, Suite 230, Wexford, PA 15090.
Application of the following for approval of the additional right and privilege operating of motor vehicles as common carriers for transportation of household goods as described under the application.
A-00111241, F.2. Delivery Today, Inc. (8016 Perry Highway, Suite 1, Pittsburgh, PA 15237)--a corporation of the Commonwealth--for the additional right, to transport, by motor vehicle, household goods in use, between points in Allegheny County, and from points in Allegheny County, to points in the Counties of Beaver, Butler, Washington and Westmoreland.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Airport Shuttle Service, Inc.; Doc. No. A-00109346C
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 Airport Shuttle Service, Inc. t/a Supershuttle, respondent, maintains its principal place of business at 1227 East 15th Street, Wilmington, DE 19802.
2. That respondent was issued a Certificate of Public Convenience by this Commission on February 7, 1991, at Application Docket No. A-00109346.
3. That, on January 24, 2007, Enforcement Officer Lark of the Philadelphia District Office attempted to contact respondent to schedule an annual inspection and was unable to make contact at the address of record. An interview with the current occupant of the respondent's address of record indicates that the respondent has not occupied the premises for approximately 10 years. Subsequent investigations at other properties formerly occupied by the respondent, and at the Philadelphia International Airport, provided no indication that service was currently being rendered or that the granted authority was actively being used. At no time prior to the attempted annual inspection did the respondent provide notification to this Commission of a change of address. Additionally, respondent has reported no revenues, nor paid any assessments, in at least the last 3 previous years. Therefore, respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service.
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-00109346.
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 an order 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. & Diane M. Lapinski; Doc. No. A-00114580C
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. & 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. & Diane M. Lapinski, t/a Falcon Enterprise's certificates of public convenience at A-00114580, Fs. 1, 2, 3 & 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. 07-1740. Filed for public inspection September 14, 2007, 9:00 a.m.]
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