NOTICES
Service of Notice of Motor Carrier Applications
[40 Pa.B. 6619]
[Saturday, November 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 November 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.
Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.
A-2010-2204478. Donald George Flick (341-A Carol Lynn Drive, Willow Street, Lancaster County, PA 17584), for the right to begin to transport, as a common carrier, by motor vehicle, 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.
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-2010-2208020. Original Moving and Storage, Inc. (11401 Grandview Avenue, Suite 4, Silver Spring, MD 20902), a corporation of the State of Maryland—begin right to transport, by motor vehicle, household goods in use, between points in Pennsylvania.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of household goods by transfer of rights as described under the application.
A-2010-2207760. Kennedy Transfer, Inc. (63 Kennedy Lane, Dubois, Clearfield County, PA 15801), a corporation of the Commonwealth—for amendment to its common carrier certificate, which grants the right, inter alia, to transport household goods in use, from the Borough of Ridgway, Elk County, and within 3 statute miles of the limits of said borough, to other points in Pennsylvania, and vice versa; So As To Permit: the transportation of household goods in use, from the Borough of Ridgway, Elk County, and within 40 statute miles of the limits of said borough, and from said territory to points in Pennsylvania, and vice versa. Attorney: William A. Gray, Esquire, Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Grant Building, Pittsburgh, PA 15219.
Applications 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 each application.
A-2010-2207111. 2 Sisters Travel, Inc. (1846 Home- ville Road, West Mifflin, Allegheny County, PA 15122)—for the discontinuance of service and cancellation of its certificate to operate as a Broker, to arrange for the transportation of persons between points in Pennsylvania.
A-2010-2207572. Russel L. Reynolds, t/a R. L. Reynolds Amish Hauling (958 Penn Street, Apt. B, Milton, Northumberland County, PA 17847), for the discontinuance of service and cancellation of his Certificate of Public Convenience as a common carrier, by motor vehicle, at A-00123661, authorizing the transportation of persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Township of Turbot, Northumberland County, and within an airline radius of 50 statute miles of the limits thereof, to points in Pennsylvania, and return.
A-2010-2207944. Glass City Limousine, Inc., t/a 2 Brothers Limo (1004 Logan Avenue, Ford City, Armstrong County, PA 16226), a corporation of the Commonwealth, for the discontinuance of service and cancellation of its Certificate of Public Convenience as a common carrier, by motor vehicle, at A-6410586, authorizing the transportation of persons, in limousine service, from points in the Counties of Armstrong, Washington, Westmoreland, Indiana, Butler, Clarion and Allegheny, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. Attorney: William A. Gray, Esquire, Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219.
A-2010-2207831. Sindy A. Condon (411 Williams Road, Fitchburg, MA 01420), for the discontinuance of service and cancellation of her Certificate of Public Convenience as a common carrier, by motor vehicle, at A-00122604, authorizing the transportation of persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster and that portion of Chester County west of Route 10, to points in Pennsylvania, and return.
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Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. J. C. Stilwells Son, Inc.;
Doc. No. C-2010-2183273, A-00108330
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 J. C. Stilwell's Son, Inc., Respondent, maintains its principal place of business at its last known address of 1408B Calcon Hook Road, Sharon Hill, PA 19079.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on February 9, 1989, at No. A-00108330, for household goods in use, including property, authority.
3. That, on June 17, 2010, information was received by the Bureau of Transportation and Safety Motor Carrier Services and Enforcement Division of the Commission that Respondent's household goods in use tariff was cancelled by Tristate Household Goods Tariff Conference, Inc. on May 28, 2010; therefore, Respondent could no longer use said tariff.
4. That, on June 29, 2010, Respondent was sent a letter by first class mail advising that, in accordance with 52 Pa. Code § 23.11(a) before Respondent could furnish or offer to furnish any service, it had to file a tariff showing the rates or other compensation demanded for such service. The letter was returned to the Commission by the U.S. Postal Service with a label containing the address of P. O. Box 741, Drexel Hill, PA 19028-7742.
5. That, on July 19, 2010, the same letter was sent to Respondent by first class mail to the Drexel Hill address furnished by the U. S. Postal Service. The letter was returned to the commission by the U. S. Postal Service with a label stating that the letter was ''not deliverable as addressed; unable to forward.''
6. That, on September 1, 2010, a request was forwarded to the Bureau of Transportation and Safety Motor Carrier Services and Enforcement Division's Philadelphia District Office for hand delivery of the letter. A correct business address of Respondent was also requested.
7. That, on September 27, 2010, Enforcement Officer Anthony Bianco, a duly authorized officer of this Commission, travelled to Respondent's address in Sharon Hill. E. O. Bianco was informed by surrounding business owners that Respondent had been out of business for over a year. E. O. Bianco also attempted to contact Respondent by telephone and was advised by an operator that the number was ''out of service.''
8. That Respondent abandoned or discontinued service without having first filed an application with this Commission.
9. That Respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v).
Wherefore, the Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff hereby requests that the Commission revoke J. C. Stilwell's Son, Inc.'s Certificate of Public Convenience at A-00108330 for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Michael E. Hoffman, Director 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 believe 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.
______ _________________
DateMichael E. Hoffman, Director
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:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty (20) 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. 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. 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.
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. 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.
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Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. Economy Moving & Storage, Inc.; Doc. No. C-2010-2183270, A-00111774
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 Economy Moving & Storage, Inc., Respondent, maintains its principal place of business at its last known address of 1408 Calcon Hook Road, Unit B, Sharon Hill, PA 19079.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on September 22, 1995, at No. A-00111774, for household goods in use authority.
3. That, on June 17, 2010, information was received by the Bureau of Transportation and Safety Motor Carrier Services and Enforcement Division of the Commission that Respondent's household goods in use tariff was cancelled by Tristate Household Goods Tariff Conference, Inc. on May 28, 2010; therefore, Respondent could no longer use said tariff.
4. That, on June 29, 2010, Respondent was sent a letter by first class mail advising that, in accordance with 52 Pa. Code § 23.11(a) before Respondent could furnish or offer to furnish any service, it had to file a tariff showing the rates or other compensation demanded for such service. The letter was returned to the Commission by the U. S. Postal Service with a label containing the address of P. O. Box 741, Drexel Hill, PA 19028-7742.
5. That, on July 12, 2010, the same letter was sent to Respondent by first class mail to the Drexel Hill address furnished by the U. S. Postal Service. The letter was returned to the commission by the U. S. Postal Service with a label stating that the letter was ''not deliverable as addressed; unable to forward.''
6. That, on September 1, 2010, a request was forwarded to the Bureau of Transportation and Safety Motor Carrier Services and Enforcement Division's Philadelphia District Office for hand delivery of the letter. A correct business address of Respondent was also requested.
7. That, on September 27, 2010, Enforcement Officer Anthony Bianco, a duly authorized officer of this Commission, travelled to Respondent's address in Sharon Hill. E. O. Bianco was informed by surrounding business owners that Respondent had been out of business for over a year. E. O. Bianco also attempted to contact Respondent by telephone and was advised by an operator that the number was ''out of service.''
8. That Respondent abandoned or discontinued service without having first filed an application with this Commission.
9. That Respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v).
Wherefore, the Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff hereby requests that the Commission revoke Economy Moving & Storage, Inc.'s Certificate of Public Convenience at A-00111774 for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Michael E. Hoffman, Director 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 believe 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.
______ _________________
DateMichael E. Hoffman, Director
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:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty (20) 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. 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. 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.
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. 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.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 10-2170. Filed for public inspection November 12, 2010, 9:00 a.m.]
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