NOTICES

Service of Notice of Motor Carrier Applications

[40 Pa.B. 1984]
[Saturday, April 10, 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 April 26, 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-2010-2162112. Manheim Veterans Memorial Ambulance Association (26 East High Street, Manheim, Lancaster County, PA 17545)—a corporation of the Commonwealth—persons in paratransit service, from points in Lancaster County, to points in Pennsylvania, and return. Attorney: Robert A. Longo, 15 North Lime Street, Lancaster, PA 17602.

 A-2010-2165634. Lisa Ann Thrush (26 Carriage Drive, Gordonville, Lancaster County, PA 17529)—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-2010-2167108. Henry L. Griffin (281 Brush Mt. Road, Spring Mills, Centre County, PA 16875), persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Centre, Clinton and Lycoming Counties to points in Pennsylvania, and return.

 A-2010-2167111. Venancio Fernandez, t/a VF Car Services (416 Crystal Rock Road, Temple, Berks County, PA 19560)—to begin to transport, as a common carrier, by motor vehicle, persons, in paratransit service between points in Berks County, PA.

 A-2010-2167229. Jeffrey L. Curry (146 Birch Drive, Lewistown, Mifflin County, PA 17044), persons, in limousine service, from points in the Counties of Mifflin, Juniata, Center, Snyder, Huntingdon and Blair, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. Attorney: Jennifer M. Sultzaberger, 212 Locust Street, Suite 500, P. O. Box 9500, Harrisburg, PA 17108.

Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under the application.

 A-2010-2151305. (Corrected) Allegheny Valley Transfer Company (1512 Lebanon Church Road, Pittsburgh, Allegheny County, PA 15236), a corporation of the Commonwealth, for an amendment to its common carrier certificate, which grants the right to transport, as a common carrier, by motor vehicle: (1) household goods and office furniture in use, from points in the County of Allegheny to points in Pennsylvania, and vice versa; and (2) carrier painters' ladders between points in the City of Pittsburgh, Allegheny County, and from points in said City to other points in the County of Allegheny, and vice versa; subject to the following condition: that no right, power or privilege is granted to make package deliveries from stores: So As To Permit the transportation of household goods in use from points in the Counties of Washington and Butler, to points in Pennsylvania, and vice versa. Attorney: David O'Boyle, Esquire, 1450 Two Chatham Center, 112 Washington Place, Pittsburgh, PA 15219-3455.

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-2010-2166288. Bonnie L. Anderson (P. O. Box 178, East Waterford, Juniata County, PA 17021)—discontinuance of service—persons, in paratransit service, between points in Pennsylvania, excluding service between points in Allegheny County, and excluding service which is under the jurisdiction of the Philadelphia Parking Authority.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. David G. Marx, Sr., t/a Marx Limousine Service; Doc. No. C-2010-2162093

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 G. Marx, Sr., t/a Marx Limousine Service, Respondent, maintains his principal place of business at 1516 Orchlee Street, Pittsburgh, PA 15212.

 2. That Respondent was issued a Certificate of Public Convenience by this Commission on September 2, 2003, at Application Docket No. A-00119034.

 3. That on December 20, 2007, Respondent received an initial assessment of $431. On August 1, 2008, the Commission waived $143.67 of Respondent's initial assessment. On August 29, 2008, Respondent received an initial assessment of $442, and on September 9, 2009, Respondent received an initial assessment of $353. Respondent failed to pay these assessments, as well as the remainder of his 2007 assessment; therefore, a balance was due in the amount of $1,082.33.

 4. That Respondent has an outstanding assessment of $1,082.33.

 5. That Respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

 6. That Respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

 Wherefore, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which cancels the Certificate of Public Convenience issued to Respondent, notifies the Pennsylvania Department of Revenue that Respondent's Certificate of Public Convenience has been revoked, notifies Respondent's insurance carrier that Respondent's Certificate of Public Convenience has been revoked, and 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, 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 to 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). 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, 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.

 C. You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Bureau of Administrative Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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 the Commission to issue an Order imposing a penalty (see Paragraph B). 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 penalty set forth in Paragraph B.

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

JAMES J. McNULTY, 
Secretary

[Pa.B. Doc. No. 10-670. Filed for public inspection April 9, 2010, 9:00 a.m.]

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