NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[42 Pa.B. 5713]
[Saturday, September 1, 2012]

 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 September 17, 2012. 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-2012-2303448. Hazleton Ambulette Services, Inc. (724 West 20th Street, Hazleton, Luzerne County, PA 18201)—persons, in paratransit service, from points in Luzerne County to points in Pennsylvania, and return.

 A-2012-2305674. QRST2, LLC, t/d/b/a Quick Response Medical Transport (41 East Front Street, Media, PA 19063) for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, from points in the Counties of Delaware, Montgomery and Chester, to points in Pennsylvania, and return.

 A-2012-2307024. Apex Limousine, Inc. (2928 Glenrose Avenue, Bristol, Bucks County, PA 19007)—persons in limousine service, between points in the Counties of Bucks, Chester, Delaware, Montgomery and the City and County of Philadelphia; excluding areas under the jurisdiction of the Philadelphia Parking Authority.

 A-2012-2309603. Gulfstream Ambulance, LLC (11301 Norcom Road, Philadelphia, PA 19154) for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, from points in the Counties of Montgomery, Bucks, Delaware, Chester and Philadelphia, to points in Pennsylvania, and return. Attorney: David P. Temple, Esquire, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.

 A-2012-2304396. Live Life Transportation Club, LLC (704 Webster Hill Road, Lititz, Lancaster County, PA 17543)—persons in paratransit service, from points in Lancaster County, to points in Pennsylvania, and return.

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-2012-2305785. Carol E. Higgins, t/a Higgins Classic Limousine Service (950 Hill Crest Lane, Danielsville, Northampton County, PA 18038)—for the discontinuance of service and cancellation of the certificate as a common carrier, by motor vehicle, persons in limousine service, from points in the Counties of Carbon, Lehigh, Bucks, Berks and Northampton, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.

 A-2012-2318214. Dorothy G. Knight, t/a Dorothy Knight Travels (180 Madison Road, Knox, Clarion County, PA 16232)—for the discontinuance of service and cancellation of the certificate as a common carrier, by motor vehicle, persons in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Clarion and Venango, to points in Pennsylvania, and return.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Arace Transportation, LLC; C-2012-2282466; A-9912689

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 Arace Transportation, LLC, respondent, operates its business from 1575 North Queen St., York, Pa 17404.

 2. That respondent was previously directed, on or about July 15, 2010, at case number 2176815, to cease and desist from further violations of the Public Utility Code at 66 Pa.C.S. § 1101.

 3. That on January 26, 2012, carrier did provide transportation for DENTSPLY International Inc., from Lititz, PA, to the Harrisburg International Airport for $81.60 in compensation, while not holding authority to do so.

 4. That respondent, in performing the acts described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent provided transportation for compensation between points in the Commonwealth of Pennsylvania while not holding a certificate of public convenience issued by this Commission. The penalty is $1,000.00. Future violations may result in possible criminal prosecution with penalties up to $10,000.00 and one year in prison.

 Wherefore, the Bureau of Investigation and Enforcement's Prosecutory Staffs hereby requests that the Commission fine Arace Transportation, LLC, the proposed civil penalty of one thousand dollars ($1,000.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

 David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105 3265

VERIFICATION

 I, David W. Loucks, Chief of Motor Carrier Enforcement 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 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: ____4/25/12 ____ David W. Loucks, Chief of Motor  Carrier Enforcement
Bureau of Investigation &
 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 shall be mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, Pennsylvania 17105 3265

 Or, may be sent by overnight delivery to:

    400 North Street, 2nd Floor
Harrisburg, Pennsylvania 17120

 Additionally, please serve a copy on:

    Wayne T. Scott, Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, Pennsylvania 17105-3265

 B. If you fail to answer this Complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the penalty proposed in the Complaint.

 C. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be forwarded to the:

    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 your payment, the complaint proceeding shall be closed. In such case, to prevent the suspension of your vehicle registration(s), you must file an application for authority with the Secretary of the Commission, P. O. Box 3265, Harrisburg, PA 17105 3265. If no application is received within the twenty (20) day time period, the Bureau of Investigation and Enforcement will proceed with the request for suspension of your vehicle registration(s). Your response should be directed to the Compliance Office, Bureau of Technical Utility Services, P. O. Box 3265, Harrisburg, Pennsylvania 17105 3265.

 D. 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 a Secretarial Letter imposing the penalty proposed in the Complaint.

 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 in the Complaint.

 F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227. Questions on how to respond to this Complaint may also be directed to the Compliance Office.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 12-1712. Filed for public inspection August 31, 2012, 9:00 a.m.]

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