NOTICES
PHILADELPHIA
PARKING AUTHORITY
Philadelphia Parking Authority v. EYL Cab Co.; CPC No. 1000153-01; Medallion No. P-1132
[46 Pa.B. 7924]
[Saturday, December 17, 2016]Dear EYL Cab Co., Kerlines Lundy, Pennsylvania Taxi Association, & Melrose Credit Union:
Please be advised that the Opinion and Order of Hearing Officer, Hon. Chris R. Wogan, was issued and entered with the Philadelphia Parking Authority's (''Authority'') Taxicab and Limousine Division's (TLD) Office of the Clerk on August 11, 2016, under Docket No. C-16-03-033.
In addition to the penalties and fees imposed, the Hearing Officer cancelled EYL Cab Co.'s medallion taxicab certificate of public convenience (''CPC'') No. 1000153-01 with respect to medallion No. P-1132. The cancellation of the CPC was effective August 26, 2016. In accordance with 53 Pa.C.S. § 5713, a CPC is the licensing right which accompanies each medallion and authorizes the operation of one taxicab. Therefore, EYL Cab Co. no longer has operating authority for its medallion No. P-1132 and as a result, it is specifically prohibited from providing taxicab service in the City of Philadelphia for this medallion.
Pursuant to 53 Pa.C.S. § 5713, please be advised that EYL Cab Co. has six months from the date of its CPC's cancellation, which is no later than February 26, 2017, to sell medallion No. P-1132 or the medallion will become nontransferable and possession must be surrendered to the Authority. See also Metro Transp. Co. v. Phila. Parking Auth., 105 A.3d 855, 2014 Pa. Commw. Unpub. LEXIS 691 (Pa. Cmwlth. Dec. 3, 2014). The TLD is already in possession of the medallion for safekeeping, if and until, the medallion is sold within the aforementioned time period. See 53 Pa.C.S. § 5713 (relating to property and licensing rights). Please refer to Authority regulations at 52 Pa. Code Chapter 27 concerning the sale of rights. An SA-1 ''Sale Application'' may be obtained on the Authority's web site at www.philapark.org/tld.
Furthermore, according to Pennsylvania's Department of State, Bureau of Corporations and Charitable Organizations, there is record(s) of a Uniform Commercial Code financing statement filed by the above secured party(s), Pennsylvania Taxi Association and Melrose Credit Union, against EYL Cab Co. Therefore, the secured party(s) is hereby being provided with notice of the aforementioned time period at which medallion P-1132 may become nontransferable. If a lender or creditor executes on or seizes a medallion, it shall immediately notify the Authority in writing. Upon seizure or execution of the medallion, any sale of the medallion shall occur at authority offices within one year of said seizure or execution. Failure to sell the medallion within the one year will render the medallion nontransferable and possession will be surrendered to the authority.
If you have any questions concerning this notice, please do not hesitate to contact me at (215) 683-9637, or via e-mail at mmcilmail@philapark.org. All questions concerning the SA-1 application process, please contact Christine Kirlin, Esq., Administrative Counsel, at (215) 683-9653 or ckirlin@philapark.org. Thank you.
Sincerely,
Michael P. McIlmail, Esq.,
Deputy Manager of Administration
Taxicab and Limousine DivisionCLARENA TOLSON,
Executive Director
[Pa.B. Doc. No. 16-2224. Filed for public inspection December 16, 2016, 9:00 a.m.]
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