NOTICES
Service of Notice of Motor Carrier Applications
[35 Pa.B. 5609] 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 October 31, 2005. 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-00122110. David J. Mahalak (P. O. Box 1212, Wilkes-Barre, Luzerne County, PA 18703)--persons in paratransit service, from points in the Counties of Luzerne and Lackawanna, to points in Pennsylvania, and return.
A-00122121. J & E Transportation Service, LLC (P. O. Box 284, Lancaster County, PA 17545), a limited liability company of the Commonwealth of Pennsylvania--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, to points in Pennsylvania, and return.
A-00122113. Charles J. Martin (934 Lebanon Road, Manheim, Lancaster County PA 17545)--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, to points in Pennsylvania, and return.
A-00122114. Alexander N. Rodriguez (246 N. 11th Street, Allentown, Lehigh County PA 18102)--persons upon call or demand service, in the City of Allentown, Lehigh County, and points within 5 statute miles of the limits of said city.
Applications 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 each application.
A-00113582, Folder 2, Am-C. Concord Limousine, Inc. t/d/b/a Concord Coach Taxi (2752 Mount Carmel Avenue, Glenside, Montgomery County, PA 19038), a corporation of the Commonwealth of Pennsylvania, for amendment to its common carrier certificate, which grants the right, inter alia, to transport, by motor vehicle, persons, upon call or demand in the Bala-Cynwyd section of Lower Merion Township, Montgomery County, between the Schuylkill River on the east and Wynnewood Avenue on the west and extending to Rock Hill Road, Bryn Mawr Avenue and Montgomery Avenue on the north and from points in that area to other points in Pennsylvania, and vice versa; all transportation to be on call by telephone to the carrier's office: So As To Permit the transportation of persons upon call or demand: (1) in the Township of Hanover, and the Borough of Fountain Hill, both located in Lehigh County; (2) the City of Bethlehem, located in the Counties of Northampton and Lehigh, and; (3) the Townships of Bethlehem and Lower Saucon, and the Boroughs of Freemansburg and Hellertown, said boroughs and townships all located in the County of Northampton.
A-00118810, F. 1, Am-C. Michael Felix Szczepanski t/a J. B. Taxi (233 Midland Avenue, Midland, Beaver County, PA 15059)--amendment to his authority to transport, as a common carrier by motor vehicle, persons, upon call or demand, in the County of Lawrence: So As To Permit the transportation of persons upon call or demand in the County of Mercer.
Application 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 the application.
A-00120712, Folder 2. Airport Orbit, Inc. (140 South Main Street, Slippery Rock, Butler County, PA 16057), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania, excluding the right to transport between points in the County of Allegheny; which is to be a transfer of all the right authorized under the certificate issued at A-00106294, F. 4 to Blair Cab, Inc. t/a Pelton Limousine, subject to the same limitations and conditions. Attorney: David M. O'Boyle, Esquire, 1450 Two Chatham Center, Pittsburgh, PA 15219.
Application of the following for approval of the right to begin to operate as a broker for the transportation of persons as described under the application.
A-00122117. Medical Transportation Management, Inc. t/d/b/a Medical Transportation Management of Pennsylvania (16 Hawk Ridge Drive, Lake Saint Louis, MO 63367), a corporation of the State of Missouri--brokerage license--to arrange for the transportation of persons who are Medicaid recipients, under a contract with the Department of Public Welfare, for nonemergency transportation service, under the Philadelphia Medical Assistance Program, between points in Pennsylvania. Application for temporary authority has been filed at A-122117, seeking the right cited previously. Attorney: William T. Hawke, 100 North Tenth Street, Harrisburg, PA 17101.
Complaint
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. System of Services, Inc. t/d/b/a SOS Taxi & Fantasy Limo; Doc. No. A-00108826C, Fs. 1 and 3
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 System of Services, Inc., t/d/b/a SOS Taxi & Fantasy Limo, respondent maintains a principal place of business at 28 Georgetown Lane, Beaver, Pennsylvania 15009.
2. That respondent was issued Certificates of Public Convenience by this Commission on November 2, 1990, at Application Docket No. A-00108826, on March 13, 1990, at Application Docket No. A-00108826, Folder 2, on. July 27, 1993, at Application Docket No. A-00108826, Folder 3, on June 30, 1993, at Application Docket No. A-00108826, Folder 4, and on December 13, 2000, at Application Docket No. A-00108826, Folder 5.
3. That respondent has failed to maintain evidence of bodily injury and property damage insurance on file with this Commission.
4. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty (20) 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 (1) cancels the Certificates of Public Convenience held by respondent at Docket No. A-00108826, Fs. 1 and 3, for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Wendy J. Keezel, 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: ______ _________________
Wendy J. Keezel
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:
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 days of the date of service, 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, Contract Carrier Permit, or Brokerage license, 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. You may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty days of the date of service of this Complaint. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the evidence of insurance from your insurer, the complaint proceeding shall be closed. ACCORD CERTIFICATES OF INSURANCE ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.
D. 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 that the Commission enter 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 optional penalty set forth in Paragraph B.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.
Complaint
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Brian Kerrigan and Joseph McGoff t/a Northeastern Pennsylvania Courier; Doc. No. A-00117304C0501
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 Brian Kerrigan and Joseph McGoff, t/a Northeastern Pennsylvania Courier Services, respondent, maintains a principal place of business at 526 Emmett Street, Scranton, PA 18505.
2. That respondent was issued a Certificate of Public Convenience by this Commission on January 17, 2001, at Application Docket No. A-00117304 F.2.
3. That respondent has failed to maintain evidence of cargo insurance and bodily injury and property damage insurance on file with this Commission.
4. That respondent, by failing to maintain evidence of file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty (20) 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 (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00120753, for failure to maintain evidence of current file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Wendy J. Keezel, 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: ______ _________________
Wendy J. Keezel
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 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 of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.
C. You may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty (20) days of the date of service of this Complaint. The proof of insurance must be filed with the:
Compliance Office, Bureau of Transportation & Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. ACCORD CERTIFICATES OF INSURANCE AND FAXED FORM E's AND H's ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.
D. 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 that the Commission issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience.
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 above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 05-1881. Filed for public inspection October 7, 2005, 9:00 a.m.]
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