NOTICES
Service of Notice of Motor Carrier Applications
[37 Pa.B. 1104]
[Saturday, March 3, 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 26, 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-00123480. Wissinoming Volunteer First Aid Corps., Inc. t/d/b/a Wissinoming Volunteer Ambulance (6179 Hegerman Street, Philadelphia, PA 19135), a corporation of the Commonwealth, common carrier--ambulatory and nonambulatory persons, in paratransit service, from points in the City and County of Philadelphia and the Counties of Bucks, Chester, Delaware and Montgomery, to points in Pennsylvania, and return.
Application of the following for approval to begin operating as contract carriers for transportation of persons as described under the application.
A-00123483. CFT Ambulance, Inc. (242 North James Street, #200, Newport, DE 19804), a corporation of the State of Delaware--contract carrier of persons who are Medicare and Medicaid recipients, for the Department of Public Welfare, Logisticare Solutions, LLC, and HGS Administrators, from points in the City and County of Philadelphia and the Counties of Chester, Delaware and Montgomery, to points in Pennsylvania, and return.
Application of the following for the approval of the transfer of stock as described under the application.
A-00108299, F5001. J.E.T. Enterprises, Inc., t/d/b/a Londonderry Limousines, Ltd. (320 Plaza Drive, Palmyra, Lebanon County, PA 17078), a corporation of the Commonwealth--for the approval of the transfer of 130 shares of issued and outstanding shares held by John J. Gross, to the following: 104 shares to Peter R. Parpagene, Jr. and 26 shares to Jason Eisenhauer. Attorney: Thomas Long, 315 S. 8th St., Lebanon, PA 17042.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Smith, Don & Sons Moving, Inc., Doc. No. A-00098962C0601
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 Smith, Don & Sons Moving, Inc. respondent, is under suspension effective October 30, 2006 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at Smith, Don & Sons Moving, Inc., 49 Black Walnut Road, Levittown, PA 19057.
3. That respondent was issued a certificate of public convenience by this Commission on November 13, 1989 at Application Docket No. A-00098962.
4. That respondent has failed to maintain evidence of bodily injury and property damage liability 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-00098962 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 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 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. 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. 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 Form 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. David George Fay, 134 Middle Street, Pleasant Gap, PA 16832; Doc. No. C-20077328
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 David George Fay, respondent, maintains its principal place of business at 134 Middle Street, Pleasant Gap, PA 16823.
2. That 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 September 2, 2006, provided transportation between points in State College, PA. Officer Brauser and Officer Paul, of the State College Police Department, observed a vehicle bearing Pennsylvania License No. ERK-8341 pick up four people at the Sports Café in State College, Pennsylvania to the Sleep Inn in State College, PA. The vehicle is a 1987 Toyota sedan registered to David G. Fay. One of the people in the vehicle advised the officers that the driver, identified as David George Fay, held up a yellow taxi sign and quoted a charge of $4.50 for the ride. The driver was given $10.00 and advised to keep the change. The laminated yellow sign said ''TAXI by Handy Delivery PUC A107326'' was seized by Mr. Fay. Mr. Fay admitted to the officers that he was providing transportation on football nights.
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 provided transportation of persons 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. Future violations may result in possible criminal prosecution with penalties up to $10,000 and one year in prison.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine David George Fay, the sum of $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 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 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 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 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 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. In such case, to prevent the suspension of your vehicle registration(s), you must file an application for authority with the Secretary of the Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. If no application is received within the twenty day time period, the Bureau of Transportation and Safety will proceed with the request for suspension of your vehicle registration(s). 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 set above.
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. 07-378. Filed for public inspection March 2, 2007, 9:00 a.m.]
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