NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[39 Pa.B. 6527]
[Saturday, November 7, 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 (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 23, 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-2009-2137528. Baldev Kapoor and Felix Rivera, co-partners t/a Shippensburg Limousine Service, (27 West King Street, Cumberland County, PA 17257) persons, in limousine service from points in Cumberland and Franklin Counties to points in Pennsylvania, and return, excluding service under the jurisdiction of the Philadelphia Parking Authority.
A-2009-2137590. Anita C. Winer, t/a Hollywood Here We Come (225 Royal Road, Lebanon, Lebanon County, PA 17042) persons in paratransit service, between points in Berks, Dauphin and Lebanon Counties, and return.
A-2009-2137780. John C. Mummau (7001 Molly Pitcher Highway, Shippensburg, Franklin County, PA 17257)—persons in paratransit service, from points within 300 miles of Shippensburg, Franklin County, to points in Pennsylvania, and return.
A-2009-2137918. Juan Martinez (217 Broad Street, Quakertown, Bucks County, PA 18951), persons, in call or demand service in the Borough of Quakertown, Bucks County. Attorney: Mark A. Hoffman, Esquire, Mark A. Hoffman Associates, PC, P. O. Box 358, Lederach, PA 19450.
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-2009-2137794. Best Transit, Inc. (800 West Olney Avenue, Philadelphia, Philadelphia County, PA 19120), a corporation of the Commonwealth, for the initial right to transport, as a contract carrier, by motor vehicle, persons in paratransit service for the Medical Assistance Transportation Program through LogistiCare Solutions, LLC, between points in the City and County of Philadelphia.
Complaint Jose Francisco Jose
515 Winters Avenue
West Hazleton, PA 18202
Pennsylvania Public Utility Commission
v. Jose Francisco Jose; Doc. No. C-2009-2050012; A-00124154; May 20, 2009To Whon It May Concern:
On February 12, 2009, the Bureau of Transportation and Safety instituted a Complaint against Jose Francisco Jose, Respondent, alleging failure to maintain evidence of bodily injury and property damage insurance on file with this Commission, a violation of the Public Utility Code at 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).
In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that, unless the insurer files evidence of insurance with this Commission and Respondent pays the proposed fine, Respondent must file an Answer to the Complaint within twenty (20) days of the date of service. The Notice further specified that, if Respondent failed to answer the Complaint within twenty (20) days, the Bureau of Transportation and Safety would request that the Commission issue an Order that imposes a penalty, which could include a fine, cancellation, or any other remedy.
The Complaint was unable to be served by mail, as the US Post Office returned all mail as Unclaimed or unable to forward, and the Complaint was posted in the Pennsylvania Bulletin on April 4, 2009. To date, more than twenty (20) days later, Respondent has failed to file an Answer to the Complaint. On April 3, 2009, the Respondent's insurer filed evidence of insurance effective on March 26, 2009; however, Respondent has failed to pay the fine.
Therefore, the allegations in the Complaint are admitted and the Complaint is sustained.
Respondent shall pay a fine of two hundred fifty dollars ($250.00) for failure to maintain evidence of insurance on file with this Commission, as required at 52 Pa. Code § 32 within twenty (20) days from the date of this letter. Payment must be made by certified check or money order, payable to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315.
Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101 et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1, et seq.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. H & J Cab Co.;
Doc. No. C-2009-2050802
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 H & J Cab Co. (respondent) is under suspension effective August 16, 2007, for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 325 Brigade Court, Wayne, PA 19087.
3. That respondent was issued a Certificate of Public Convenience by this Commission on February 18, 2005, at A-00121438F0001 and at A-00121438F0002.
4. That respondent has failed to maintain evidence of Liability 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-121438F0001 and A-00121438F0002 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 17105-3265B. 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 17105-3265Acord 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 17105-3265Your 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 person with disabilities), please contact the Compliance Office at (717) 787-1227.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 09-2085. Filed for public inspection November 6, 2009, 9:00 a.m.]
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