NOTICES

Service of Notice of Motor Carrier Applications

[36 Pa.B. 3626]
[Saturday, July 8, 2006]

   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 July 31, 2006. 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.

Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.

   A-00122741. Northeast EMS Corporation t/a Northeast EMS (299 Industrial Park Road, Suite 2A, Nazareth, Northampton County, PA 18064)--a corporation of the Commonwealth--persons in paratransit service from points in the Counties of Lehigh, Northampton, Monroe and Carbon, to points in Pennsylvania, and return. Attorney: Christopher McLean, Zator Law Offices, American Heritage Building, 4400 Walbert Avenue, Allentown, PA 18104.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Signature Van Lines, Inc.; Doc. No. C-20066222

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 Signature Van Lines, Inc., respondent, operates its business from 10 Industrial Park Dr., Mount Pocono, Pennsylvania, 18466.

   2.  That respondent does not hold a certificate of public convenience issued by this Commission to conduct intrastate moves of household goods. Respondent was notified by this Commission on September 30, 2004 (IC-237) and then again on October 28, 2004 (IC-249), that insufficient authority existed to perform intrastate moves of household goods.

   3.  That respondent did make an intrastate household move for complainant Anthony Diaz from Tannersville, Pennsylvania to East Stroudsburg, Pennsylvania, on the dates of October 8-9, 2005.

   4.  That respondent, in performing the act described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent transported household goods 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 Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Signature Van Lines, Inc. the sum 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,
 
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 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 17105-3265

   B.  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.

   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.

   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.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 783-5945.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 06-1300. Filed for public inspection July 7, 2006, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---