NOTICES
Service of Notice of Motor Carrier Applications
[37 Pa.B. 872]
[Saturday, February 17, 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 March 12, 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-00123445. Charles L. Sypolt, Jr. (372 Grant Street, Chambersburg, Franklin County, PA 17301)--persons, upon call or demand, in the Borough of Chambersburg, Franklin County.
A-00123455. Mary Ann Bower, t/d/b/a Mary Ann Bower Van Service (246 Summitville Road, New Holland, Lancaster County, PA 17557)--persons, in paratransit service, from points in the Counties of Lancaster, Lebanon, Perry, York, Dauphin and Berks, to points in Pennsylvania, and return; limited to the transportation of persons whose personal convictions prevent them from owning or operating motor vehicles.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carrier for the transportation of household goods as described under the application.
A-00123436. Troy A. Estep, t/a Estep's Hauling (430 2nd Avenue, Altoona, Blair County, PA 16602)--begin to transport household goods in use, from points in the Counties of Blair, Cambria and Centre, to points in Pennsylvania, and vice versa.
Applications 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 each application.
A-00009329 F.32, Am-B. Fullington Trailways, LLC (316 East Cherry Street, Clearfield, Clearfield County, PA 16803), a limited liability company of the Commonwealth --certificate of public convenience to abandon/discontinue the rights to transport, as a common carrier, by motor vehicle, the transportation of persons on schedule, on a guaranteed seat basis, between the City of Lewistown, Mifflin County and the City of Harrisburg, Dauphin County, over the following route: Beginning in the City of Lewistown, thence over US Highway Route 22--322 to the Mifflintown Exit, thence over US Highway Route 35 to Truck Stop No. 35, thence returning by means of Pennsylvania Highway Route 35 to US Highway Route 22--322, thence over said highway route to the Thompsontown Exit, thence by means of Thompsontown Exit and unnumbered highway to the Thompsontown V.F.W., returning by means of unnumbered highway route to US Highway Route 22--322 to the City of Harrisburg, with the right to deviate from said route: (a) 1/4 mile at the Millerstown Exit; (b) to the Borough of Newport, Perry County, at the Newport Exit; and (c) 1/4 mile at the Duncannon Exit; and return over the same route in the reverse direction; subject to the following conditions: Provided that the service herein authorized shall be limited to those persons commuting between places of their employment; provided that no right, power, or privilege is granted to render local service between points in the County of Dauphin; and provided that the service herein authorized shall be rendered on week days only with service from the City of Lewistown commencing between the hours of 6 and 7 a.m. and returning service from Harrisburg commencing between the hours of 4 and 5 p.m. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.
A-00009329 F.36, Am-B. Fullington Trailways, LLC (316 East Cherry Street, Clearfield, Clearfield County, PA 16803), a limited liability company of the Commonwealth --certificate of public convenience to abandon/discontinue the rights to transport, as a common carrier, by motor vehicle, the transportation of persons and their baggage on schedule, between points in the City of DuBois, Clearfield County, and the City of Erie, Erie County, over the following routes: Beginning in the City of DuBois; thence over US Traffic Route 219 to its intersection with Interstate Highway 80; thence on Interstate Highway 80 to its intersection with PA Traffic Route 68; thence on PA Traffic Route 68 to its intersection with US Traffic Route 322 in the Borough of Clarion, Clarion County; thence on US Traffic Route 322 to the City of Meadville and thence on US Traffic Route 322 and US Traffic Route 6 to its intersection with Interstate Highway 79; thence on Interstate Highway 79 to the City of Erie, Erie County, and return over the same route in the reverse direction; with the right to provide through service in conjunction with applicant's other certificated routes; Alternate Route: Beginning at the intersection of US Traffic Route 322 and PA Traffic Route 257 in Cranberry Township, Venango County; thence on PA Traffic Route 257 to the City of Oil City; thence over US Traffic Route 62 to its intersection with US Traffic Route 322 in the City of Franklin and return over the same route in the reverse direction with the right to provide through service in conjunction with applicant's other certificated routes. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Style Enterprises, Inc. t/a Style Logistics, 20 Ave. at The Common, Stuite 203, Shrewsbury, NJ 07702; Doc. No. A-00120362C0601
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 all authority issued to Style Enterprises, Inc., respondent, is under suspension effective August 30, 2006, for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at Style Enterprises, Inc., t/a Style Logistics, 20 Ave. at The Common, Ste. 203, Shrewsbury, NJ 07702.
3. That respondent was issued a certificate of public convenience by this Commission on March 12, 2004, at Application Docket No. A-00120362.
4. That respondent has failed to maintain evidence of bodily injury and property damage liability insurance and cargo insurance on file with this Commission.
5. 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 20 days of the date of service of this complaint, the Bureau of Transportation and Safety Prosecutory Staff will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00120362 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 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 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 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 17105-3265B. If you fail to answer this Complaint within twenty days of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Under 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. 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 days of the date of service of this Complaint. The proof of insurance must be filed with the
Compliance Office, Bureau of Transportation and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE and FAXED FORMS Es and Hs ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.
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 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.
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) 787-1227.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. L. W. Shaffer, Jr.; Doc. No. A-00112678C0601
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. Under 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 L. W. Shaffer, Jr., respondent, maintains his principal place of business at 63 Dodds Avenue, Valencia, PA 16059.
2. That respondent was issued a certificate of public convenience by this Commission on May 31, 1996, at Application Docket No. A-00112678.
3. That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 2003, 2004 and 2005.
4. That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, failed to comply with the January 11, 1999 Commission Decision at P-981458 and, by failing to maintain adequate, efficient and safe service and 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-00112678.
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 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). 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 17105-3265B. 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, which will include the revocation of your Certificate of Public Convenience.
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 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) 787-1168.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 07-294. Filed for public inspection February 16, 2007, 9:00 a.m.]
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