NOTICES
Service of Notice of Motor Carrier Applications
[33 Pa.B. 5487] 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, on or before November 24, 2003. 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-00120055 Folder 3. Choice Cab Company (1311 Robinwood Drive, Clarion, Clarion County, PA 16214), a corporation of the Commonwealth--persons, in limousine service, between points in the County of Clarion, and from points in said county, to points in the Counties of Jefferson, Clearfield, Elk, Erie, Venango, Butler and Indiana and to the Pittsburgh International Airport in the County of Allegheny, and return. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 IVP Drive, Suite 310, Wexford, PA 15090.
A-00120235. Marylouise M. Forcine (4 Jamie Lane, Phoenixville, Chester County, PA 19460)--persons upon call or demand in the Borough of Malvern, Chester County, and within an airline distance of 15 statute miles of the limits thereof.
A-00120233, F.2. Russell L. Probst (328A Georgetown Road, Strasburg, Lancaster County, PA 17579)--persons in paratransit service, between points in Lancaster County, and from points in said county, to points in Pennsylvania, and return, limited to the transportation of persons whose personal convictions prevent them from owing or operating motor vehicles.
A-00120241. Carl Diller (2112 South View Road, Lancaster, Lancaster County, PA 17602)--persons, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.
Application of the following for amendment to the contract carrier permit approving the operation of motor vehicles as contract carriers for transportation of persons as described under the application.
A-00111207, Folder 1, Am-B. Keystone Quality Transport Company (313 West Baltimore Pike, Media, Chester County, PA 17063), a Pennsylvania corporation, inter alia--contract carrier--persons, for Keystone Care, Inc. and Rockwell Productions, Inc., between points in the County of Delaware, and from points in said county, to points in Pennsylvania, and vice versa: So As To Permit the transportation of persons for Keystone Care, Inc. and Rockwell Productions, Inc. t/a Keystone Quality Services, between points in that part of Pennsylvania, in and east of the Counties of Lancaster, Dauphin, Northumberland, Columbia, Sullivan and Bradford, and from points in said area, to points in Pennsylvania, and vice versa. Attorney: James W. Patterson, Centre Square West, 1500 Market Street, 38th Floor, Philadelphia, PA 19102-2186.
Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.
A-00106960, F.3. Delaware County Transportation Service, Inc. (700 Ashland Avenue, Folcroft, Delaware County, PA 19032), a corporation of the Commonwealth--additional right--persons in paratransit service, between points in the City and County of Philadelphia, and within an airline distance of 100 statute miles of the limits thereof, provided no right, power or privilege is granted to provide service to, from or between points in the County of Chester; which is to be a transfer of the right authorized under the certificate issued at A-00117931, F.2 to Qonnections, Inc., subject to the same limitations and conditions. Attorney: Reginald A. Krasney, Bay Colony Executive Park, 565 East Swedesford Road, Suite 206, Wayne, PA 19087.
Applications of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under each application.
A-00118319, F.2. Michael Allen Homer t/d/b/a Deer Lake Limousine Services (1728 Centre Turnpike, Auburn, Schuylkill County, PA 17922)--additional right--persons in group and party service, using vehicles with a seating capacity of 11 to 15 passengers, including the driver, between points in the Counties of Berks, Carbon, Columbia, Dauphin, Lebanon, Luzerne, Northumberland and Schuylkill, and from points in said counties, to points in Pennsylvania, and return.
A-00117748, Folder 2. Harper Transportation, Inc. (2728 Espy Avenue, Pittsburgh, Allegheny County, PA 15216), a corporation of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the Counties of Beaver, Butler, Fayette, Somerset, Washington and Westmoreland, and from points in said counties and the County of Allegheny, to points in Pennsylvania, and return. Attorney: David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15219.
A-00120108 Folder 3. Northern Car & Truck Rental, Inc. (626 W. Lackawanna Avenue, Scranton, Lackawanna County, PA 18503), a corporation of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the Counties of Lackawanna, Luzerne, Wayne, Monroe, Carbon, Pike, Wyoming and Susquehanna, and from points in said counties, to points in Pennsylvania, and return.
Complaint
Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. Maria Jacqueline Disen Colon t/a Rainy Day Taxi, PO Box 554, Tobyhanna PA 18466; Doc. No. A-00117324C
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 Maria Jacqueline Disen Colon, T/A Rainy Day Taxi, respondent, maintains her principal place of business at P. O. Box 554, Tobyhanna, PA 18466.
2. That respondent was granted a Certificate of Public Convenience on April 3, 2001, at Application Docket No. A-00117324.
3. That respondent, on May 14, 2003, at approximately 9:50 a.m., at SR 611, Stroudsburg, Monroe County, Pennsylvania, permitted a certain 1999 Ford sedan bearing Pennsylvania License No. TX38623, Vehicle Identification No. 2FAFP72W5XX227251, to be operated.
4. That vehicle described in Paragraph 3 of this complaint, was inspected by Enforcement Officer Richard Kawski, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 3 and the following violation was disclosed:
(a) Tariff not visible. Penalty is $50.
5. That respondent, by failing to have tariff visible while its vehicle was in operation, violated 52 Pa. Code § 29.316.
6. That respondent, on April 14, 2003, at approximately 12:20 p.m., at SR 611, Mt. Pocono, Monroe County, Pennsylvania, permitted a certain 1999 Ford sedan bearing Pennsylvania License No. TX38623, Vehicle Identification No. 2FAFP72W5XX227251, to be operated.
7. That vehicle described in Paragraph 6 of this complaint, was inspected by Enforcement Officer Richard Kawski, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 6 and the following violation was disclosed.
(a) No battery securement. Penalty is $100.
8. That respondent, by not having the battery properly secured while its vehicle was in operation violated 52 Pa. Code § 29.402(1).
WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Maria Jacqueline Disen Colon, T/A Rainy Day Taxi, the sum of one hundred fifty dollars ($150.00) 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, 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: ______ _________________ Michael E. Hoffman
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 complain and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the out come. 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:
James J. McNulty, 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 a Secretarial Letter imposing a penalty. In such case, the Bureau of Transportation and Safety will request that the Commission direct the Department of Transportation, pursuant to the Vehicle Code, 75 Pa.C.S. § 1375, to suspend the registration of any vehicle(s) involved in the alleged violations.
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 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.
D. 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 a Secretarial Letter imposing a penalty (see B).
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 C, above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 03-2134. Filed for public inspection October 31, 2003, 9:00 a.m.]
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