NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[39 Pa.B. 6404]
[Saturday, October 31, 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 November 16, 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-2009-2134046. Kenneth Lee Wiltrout t/a Wiltrout's Transport Service (22 Sunday Road, Kutztown, Berks County, PA 19530), persons, in paratransit service, from points in the Counties of Berks and Lehigh, to points in Pennsylvania, and return.

 A-2009-2134352. Joel B. Showalter (5436 Meadville Road, New Holland, Lancaster County, PA 17557), persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County, to points in Pennsylvania, and return.

 A-2009-2134666. Cardinal Express, LLC (2205 Woodridge Drive, Macungie, Lehigh County, PA 18062), a corporation of the Commonwealth—persons for nonemergency medical reasons, in paratransit service, between points in Berks, Lehigh and Northampton Counties, and return.

 A-2009-2136644. Hybrid Planet Chauffeur Services, LLC (200 James Drive, Havertown, Delaware County, PA 19083)—a limited liability company of the Commonwealth, to begin to transport, as a common carrier, by motor vehicle, persons, in paratransit service, from points in the Counties of Delaware, Chester and Montgomery to the 30th Street Train Station located in Philadelphia.

 A-2009-2136922. Marlin R. Dively (152 Sunset Road, Friedens, Somerset County, PA 15541), persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Somerset County, to points in Pennsylvania, and return.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as contract carriers for the transportation of household goods as described under the application.

 A-2009-2134463. Clark and Reid Company, Inc. (One Dunham Road, Billerica, Middlesex County, MA 01821), a corporation of the Commonwealth of Massachusetts, and a foreign business corporation of the Commonwealth, for the right to begin to transport, as a contract carrier, for CARTUS Corporation, household goods in use, between points in Pennsylvania.

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

 A-2009-2134203. Wendt Touring, Inc. (401 Market Street - 707, Steubenville, OH 43952), a corporation of the State of Ohio and a foreign business corporation of the Commonwealth, for a brokerage license, evidencing the Commission's approval of the beginning of the right and privilege to operate as a broker, to arrange for the transportation of persons, between points in Pennsylvania.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Neil D. Snyder;
Doc. No. C-2009-2041377

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 Neil D. Snyder (respondent) is under suspension effective April 15, 2008, for failure to maintain evidence of insurance on file with this Commission.

 2. That respondent maintains a principal place of business at R. R. 3, Box 398G, Alverton, PA 15612.

 3. That respondent was issued a Certificate of Public Convenience by this Commission on December 12, 1997, at A-00114375.

 4. That respondent has failed to maintain evidence of Liability insurance and Cargo insurance on file with this Commission. The penalty is $250 and cancellation of the Certificate of Public Convenience.

 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 pays the penalty of $250 and causes its insurer to file evidence of insurance with this Commission within twenty (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 A-00114375 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration; and (4) imposes an additional fine on the respondent should cancellation occur.

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, 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
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 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 (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 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 and by paying the $250 fine proposed in the Complaint by certified check or money order within twenty (20) 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 17105-3265

 Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.

 The fine payment must be made to the Commonwealth of Pennsylvania and 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 the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.

 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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.

JAMES J. MCNULTY, 
Secretary

[Pa.B. Doc. No. 09-2047. Filed for public inspection October 30, 2009, 9:00 a.m.]

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