NOTICES

Service of Notice of Motor Carrier Applications

[40 Pa.B. 1474]
[Saturday, March 13, 2010]

 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 29, 2010. 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-2010-2151839. Universal Corporate Enterprises, LLC (419 Radix Road, Williamstown, Gloucester County, NJ 08094)—a limited liability corporation of the State of New Jersey—in limousine service, from points in Montgomery, Bucks, Delaware and Chester Counties, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority. Attorney: Alan M. Bredt, 850 South 2nd Street, Philadelphia, PA 19147.

 A-2010-2155992. Esperanza Hernando (C/O Transportation For Seniors, P. O. Box 96503, No. 92611, Washington, DC 20090-6503)—in call or demand service, in the Counties of Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon and Perry, all within the Commonwealth.

 A-2010-2161994. Adventure Limousine, LLC (2024 South Forge Road, Palmyra, Lebanon County, PA 17078)—a limited liability corporation of the Commonwealth—in limousine service, from points in Lebanon, Lancaster and Dauphin Counties, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority.

Application of the following for approval of the additional right and privilege of operating motor vehicles as a common carrier for transportation of persons as described under the application.

 A-2010-2161923. Javy Enterprises, Inc., t/a Adonis Limousines (1300 Merchant Street, Ambridge, Beaver County, PA 15003)—a corporation of the Commonwealth— persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Allegheny, Beaver, Butler and Lawrence, to points in Pennsylvania, and return; excluding that service which is 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 a common carrier for the transportation of household goods as described under the application.

 A-2010-2162077. Barry Mills Moving and Hauling, LLC (155 Simpson Road, Ardmore, Montgomery County, PA 19003)—a limited liability corporation of the Commonwealth—household goods in use, from points in Montgomery County, to points in Pennsylvania, and vice versa.

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

 A-2010-2162045. Maxwell Transit Systems, Inc. (421 Transit Lane, Hollidaysburg, Blair County, PA 16648)—a corporation of the Commonwealth—persons for the Blair County Medical Assistance Transportation Program (MATP), from points in Blair County, to points in Pennsylvania, and return.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Chestnut Hill Limousine
and Coach Company; Doc. No. C-2010-2126075

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 Chestnut Hill Limousine and Coach Company, respondent, maintains a principal place of business at 4975 Swamp Road, Suite 2, Fountainville, PA 18923.

 2. That respondent was issued a Certificate of Public Convenience by this Commission on December 3, 1991, at A-0008925 for limousine authority.

 3. That respondent was advised by letter dated March 23, 2009, that its current tariff on file with this Commission does not comply with 52 Pa. Code § 29.334 in thatrespondent's limousine rates are not based solely on time. Additionally, the initial time period and each subsequent increment must be at least 30 minutes. Respondent was provided 30 days to file an acceptable revised tariff. To date, respondent has not filed an acceptable tariff.

 4. That respondent, by failing to file a tariff with its limousine rates based solely on time with a minimum of 30 minute time periods and increments, violated 52 Pa. Code § 29.334. The penalty is $250.00.

 Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Chestnut Hill Limousine and Coach Company the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in the 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 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, Chief of Enforcement
Motor Carrier Services and Enforcement
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 17105-3265

 B. 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 a Secretarial Letter imposing a penalty. Each day you continue to violate any regulation, direction, requirement 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 filing an acceptable tariff and by paying the fine proposed in this Complaint by certified check or money order. The tariff must be filed with the:

 Pennsylvania Public Utility Commission
Bureau of Transportation and Safety
Compliance Office
P. O. Box 3265
Harrisburg, PA 17105-3265

 The fine 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 an acceptable tariff and payment of the proposed fine, 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 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 forth above.

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

____

Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. Martha A. Blackmon, t/a Need-A-Ride Transportation Co.; Doc. No. C-2010-2113007

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 Martha A. Blackmon, t/a Need-A-Ride Transportation Co., respondent maintains her principal place of business at 1217 Masters Lane, Greenville, North Carolina 27834-8066.

 2. That respondent was issued certificates of public convenience by this Commission on April 9, 1985, at Application Docket No. A-00105474, F. 1 for paratransit authority, and on February 26, 1987, at Application Docket No. A-00105474, F. 2 for airport transfer authority.

 3. On May 27, 2009, Enforcement Officer Charles Myers contacted Martha Blackmon, owner, to conduct her annual safety inspection. Ms. Blackmon advised Officer Myers that Need-A-Ride Transportation Co. has not been active in the airport transfer carrier portion of her business for a number of years and does not know when she will enter it again. Respondent abandoned or discontinued airport transfer service without having submitted an application with this Commission to discontinue service.

 4. That respondent, by failing to file an application to discontinue airport transfer service with this Commission, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2).

 Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Martha A. Blackmon, t/a Need-A-Ride Transportation Co.'s certificate of public convenience at A-00105474, F. 2, 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, 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 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 days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.

 C. If you file an answer which either 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.

 D. 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.

 E. 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. 10-485. Filed for public inspection March 12, 2010, 9:00 a.m.]

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