NOTICES

Service of Notice of Motor Carrier Applications

[39 Pa.B. 3584]
[Saturday, July 11, 2009]

   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 July 27, 2009. 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-2009-2114783. Victor Carbe, Jr., d/b/a Rolls Royce Rental (300 South Church Street, Hazleton, PA 18201) to transport persons in limousine service, between points in the Counties of Luzerne, Schuylkill and Carbon, to points in Pennsylvania and return.

   A-2009-2115012. Platinum Limo, LLC (169 Greenland Drive, Lancaster, Lancaster County, PA 17602)--a limited liability corporation of the Commonwealth--in limousine service, from points in Lancaster County, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority.

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 as described under the application.

   A-2009-2115286. Hettchen Moving & Home Repair, LLC, t/a Top Notch Moving & Storage Company (2073 Cross Creek Road, Macungie, Lehigh County, PA 18062)--household goods in use, from points in the Counties of Lehigh, Northampton and Berks, to points in Pennsylvania, and vice versa.

Application of the following for approval to begin operating as contract carriers for transportation of persons as described under the application.

   A-2009-2115450. Penn Trans-Care, LLC (1600 Garrett Road, Apt. F108, Upper Darby, Delaware County, PA 19082)--a limited liability corporation of the Commonwealth--to begin to transport, as a contract carrier for LogistiCare Solutions, LLC (A-00123240), persons in paratransit service, from points in the City and County of Philadelphia, and the Counties of Delaware, Chester, Bucks and Montgomery, 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-2009-2115004. Skytop Lodge Corporation, f/k/a Skytop Lodges, Inc. (1 Skytop, Skytop, Monroe County, PA 18357)--for the discontinuance of service and cancellation of its certificate, as a common carrier, by motor vehicle, authorizing the transportation of persons in call or demand service, for guests and employees of Skytop Lodges, Inc., from Cresco Station to the hotels and cottages of the Skytop Lodges, Inc. and return.

____

Pennsylvania Public Utility Commission,
Bureau of Transportation and Safety v. Jose A. Mercado; Doc. No. C-2009-2051302

CORRECTED 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 Jose A. Mercado, Respondent, maintains his principal place of business at 11 West Monroe Avenue, West Hazleton, Luzerne County, PA 18202-2169.

   2.  That Respondent filed an application for a Certificate of Public Convenience on October 16, 2006. Respondent's application was approved by this Commission on April 13, 2007, conditioned upon the filing of specific requirements within sixty (60) days. On November 27, 2007, his application was dismissed by this Commission for failure to comply with the specific requirements. Therefore, 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 June 18, 2008, at approximately 6:15 a.m., at Old Field Boulevard, Pittstown Township, Luzerne County, PA, permitted a certain 2000 Dodge van bearing Pennsylvania License No. FBF9761, Vehicle Identification No. 2B5WB35Z4YK137877, to be operated. At that time, Enforcement Officer Thomas J. Kepping, a duly authorized officer of this Commission, found said vehicle to be transporting passengers from Hazleton, PA to TJ Maxx, Pittston, PA, 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 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 1 year in prison.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Jose A. Mercado the sum of one thousand dollars ($1,000) 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 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 Motor Carrier Services and Enforcement 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 17105-3265

   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. In such case, to prevent the suspension of your vehicle registration(s), you must file an Affidavit with the PA Public Utility Commission, Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265, stating that you understand the rules and regulations of the Commission and that you will no longer provide transportation between points in the Commonwealth of Pennsylvania without filing a new application together with the appropriate filing fee to obtain a Certificate of Public Convenience issued by this Commission. If no affidavit is received within the twenty (20) day time period, the Bureau of Transportation will proceed with the request for suspension of your vehicle registration(s). Your response should be directed to the PA, 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. 09-1268. Filed for public inspection July 10, 2009, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---