NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[41 Pa.B. 5852]
[Saturday, October 29, 2011]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 14, 2011. 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-2011-2249149. Institute for the Development of African-American Youth, Inc. 221 North Broad Street, Philadelphia, Philadelphia County, PA 19132—for the right to begin to transport, as a common carrier, persons in paratransit service by providing charitable and educational activities, from points in the City and County of Philadelphia, to Commonwealth correctional facilities in Pennsylvania, and return.
A-2011-2255598. C.R. Wilkerson, LLC, t/a Royalty Car Service 5439 Jonestown Road, Harrisburg, Dauphin County, PA 17112—for the right to begin to transport, as a common carrier, persons in limousine service, from points in the Counties of Dauphin, Cumberland, York and Lancaster, to points in Pennsylvania, and return.
A-2011-2263593. Community Life Support Systems, Inc. (3 Abington Executive Park, Suite 11, Clarks Summit, Lackawanna County, PA 18411), a domestic non-profit corporation of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service who are in wheelchairs or on stretchers, in specially equipped vehicles and persons who are residents or patients of nursing homes, care facilities or hospitals, to doctor's offices, medical facilities, diagnostic facilities, rehabilitation facilities or hospitals, for treatment, medical evaluation, testing or diagnosis, from points in Lackawanna and Wyoming Counties to points in Pennsylvania east of United States Route 15, and return. Attorney: H. Boyd Hughes, Esquire, 1421 East Drinker Street, Dunmore, PA 18512.
A-2011-2263878. Hollowsands, LLC (211 South Street, Suite 351, Philadelphia, PA 19147)—for the right to begin, as a common carrier, persons in limousine service, between points in Bucks, Chester, Delaware, and Montgomery Counties, and the City and County of Philadelphia, and from points in said areas to points in Pennsylvania, and return, excluding areas under the jurisdiction of the Philadelphia Parking Authority. Attorney: Richard T. Mulcahey, Jr., Esq., Schubert Gallagher Tyler Mulcahey, 1500 John Kennedy Boulevard, Suite 1400, Philadelphia, PA 19102-1890.
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-2011-2262613. American Eagle Bus & Limo, Inc. 1000 Remington Avenue, Lackawanna County, Scranton, PA 18505—for amendment to its common carrier certificate, which grants the right, inter alia, to transport, by motor vehicle, persons in paratransit service, between points in the Counties of Lackawanna, Luzerne and Monroe, and from points in said Counties to points in Pennsylvania, and return: So As To Permit the transportation of persons, in paratransit service, from points in the Counties of Pike, Susquehanna, Wayne and Wyoming to points in Pennsylvania, and return. Attorney: Barnett Satinsky, Fox Rothschild, LLP, 2000 Market Street, 20th Floor, Philadelphia, PA 19103-3222.
Applications 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 each application.
A-2011-2262962. Lenora's Moving Company (1560 Franklin Avenue, Willow Grove, Montgomery County, PA 19090)—household goods in use, between points in the City and County of Philadelphia. Attorney: Craig A. Doll, 25 West Second Street, P. O. Box 403, Hummelstown, PA 17036-0403.
A-2011-2264032. Mulhern's Moving, Inc., t/a U-Call We-Haul U-Save (1579 West County Line Road, Hatboro, Bucks County, PA 19040)—household goods in use, between points in the Borough of Hatboro, in Montgomery and Bucks Counties, and between points within an airline distance of 12 statute miles of 1579 West County Line Road, Hatboro, Bucks County.
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Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. JHAJ, Inc.;
Doc. No. C-2011-2258081; A-00118840
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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That Jhaj, Inc., Respondent, maintains a principal place of business at 16 Kenmore Road, Upper Darby, PA 19082.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on June 18, 2002, at A-00118840.
3. That Respondent was advised by letter dated May 10, 2005, that its medallion authority was being transferred to the Philadelphia Parking Authority. At that time, Respondent was advised that its taxicab service which had an origin and destination outside of the City of Philadelphia remained subject to the regulatory oversight of the PA PUC. Respondent was also told that, if it chose to retain the authority under the jurisdiction of this Commission, an acceptable tariff must be filed showing the rates for the transportation service. Respondent failed to file an acceptable tariff.
4. That Respondent was advised by letter dated September 4, 2009, that it failed to file a valid tariff with this Commission as required by 52 Pa. Code § 23.11(a). Respondent was given an additional 60 days to file an acceptable tariff. Again, Respondent failed to file an acceptable tariff.
5. That, on April 9, 2010, a Complaint was instituted against Respondent at C-2010-2131221 for failure to file an acceptable tariff. Respondent was given 30 days to file an answer to the complaint or to file a tariff and pay a $250 penalty. No response was received; therefore, the Complaint was adjudicated by Secretarial Letter dated July 11, 2011.
6. That, to date, Respondent has failed to file an acceptable tariff showing the rates for the transportation service provided. This is a violation of 52 Pa. Code § 23.11(a) and § 29.314(b)(6). The Bureau of Investigation and Enforcement's penalty for this violation is cancellation of the Certificate of Public Convenience.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission cancel Jhaj, Inc.'s Certificate of Public Convenience at A-00118840 for the illegal activity described in the complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Manager
Bureau of Investigation and Enforcement
P. O. Box 3265
VERIFICATION I, Michael E. Hoffman, Manager of the Bureau of Investigation and Enforcement, 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: ______ 9/21/11 ______
Michael E. Hoffman, Manager
Motor Carrier Services and Enforce ment Division
Bureau of Investigation and Enforce ment
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 of the date of service, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in this Complaint. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the cancellation of your Certificate of Public Convenience, or any other remedy as may be appropriate. 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. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in this Complaint, 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 in the Complaint.
E. If you would like an alternative format to this Complaint (for persons with disabilities) or if you have questions regarding this Complaint, please contact the Compliance Office at (717) 787-1227.
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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Gerald Territo, t/a K W Automotive; Doc. No. C-2011-2238982; A-000121084
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 Gerald Territo, t/a K W Automotive, Respondent, maintains his principal place of business at P. O. Box 334, Canonsburg, PA 15317.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on October 27, 2004 at A-00121084.
3. That on January 3, 2008, Respondent received an initial assessment of $22.00 and on August 29, 2008, Respondent received an initial assessment of $22.00. Respondent failed to pay these assessments; therefore, a balance is due in the amount of $44.00.
4. That Respondent has an outstanding assessment of $44.00.
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 assessments, 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,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Michael E. Hoffman, 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: ____ 5/26/11 ____
Michael E. Hoffman, Director
Motor Carrier Services and Enforcement Division
Bureau of Investigation and Enforcement
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:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. 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 17105-3265D. 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, please contact the Compliance Office at 717-787-1227.
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Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Bhamipura Corp.;
Doc. No. C-2011-2258078; A-00114878
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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That Bhamipura Corp., Respondent, maintains a principal place of business at 60 Browning Road, Middletown, DE 19079.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on August 6, 1998, at A-00114878.
3. That Respondent was advised by letter dated May 10, 2005, that its medallion authority was being transferred to the Philadelphia Parking Authority. At that time, Respondent was advised that its taxicab service which had an origin and destination outside of the City of Philadelphia remained subject to the regulatory oversight of the PA PUC. Respondent was also told that, if it chose to retain the authority under the jurisdiction of this Commission, an acceptable tariff must be filed showing the rates for the transportation service. Respondent failed to file an acceptable tariff.
4. That Respondent was advised by letter dated August 31, 2009, that it failed to file a valid tariff with this Commission as required by 52 Pa. Code § 23.11(a). Respondent was given an additional 60 days to file an acceptable tariff. Again, Respondent failed to file an acceptable tariff.
5. That, on April 8, 2010, a Complaint was instituted against Respondent at C-2010-2128704 for failure to file an acceptable tariff. Respondent was given 30 days to file an answer to the complaint or to file a tariff and pay a $250 penalty. No response was received; therefore, the Complaint was adjudicated by Secretarial Letter dated July 13, 2011.
6. That, to date, Respondent has failed to file an acceptable tariff showing the rates for the transportation service provided. This is a violation of 52 Pa. Code § 23.11(a) and § 29.314(b)(6). The Bureau of Investigation and Enforcement Prosecutory Staff's penalty for this violation is cancellation of the Certificate of Public Convenience.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission cancel Bhamipura Corp.'s Certificate of Public Convenience at A-00114878 for the illegal activity described in the complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Manager
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA. 17105-3265
VERIFICATION I, Michael E. Hoffman, Manager of the Bureau of Investigation and Enforcement, 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: ____ 9/22/11 ____
Michael E. Hoffman, Manager
Bureau of Investigation and Enforcement
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 of the date of service, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in this Complaint. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the cancellation of your Certificate of Public Convenience, or any other remedy as may be appropriate. 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. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in this Complaint, 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 in the Complaint.
E. If you would like an alternative format to this Complaint (for persons with disabilities) or if you have questions regarding this Complaint, please contact the Compliance Office at (717) 787-1227.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 11-1857. Filed for public inspection October 28, 2011, 9:00 a.m.]
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