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PA Bulletin, Doc. No. 07-477

NOTICES

Service of Notice of Motor Carrier Applications

[37 Pa.B. 1289]
[Saturday, March 17, 2007]

   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 April 9, 2007. 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-00123521. Junell Y. Beasley (P. O. Box 48013, Philadelphia, PA 19380)--persons in paratransit service from points in the City of Philadelphia, to all State Correctional Institutions, located in Pennsylvania, and return.

   A-00123513. Andra' Louis Blackwell t/a Black- well's Express (202 S. Abemarle Street, York, PA 17403)--persons in paratransit service, from points in the City of York, York County, to State Correctional Institution--Camp Hill, State Correctional Institution--Coal Township, State Correctional Institution--Cresson, State Correctional Institution--Frackville, State Correctional Institution--Houtzdale, State Correctional Institution--Huntington, and State Correctional Institution--Mahanoy, and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Dedicated Delivery Service, Inc.; Doc. No. A-0113032C0601

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 Dedicated Delivery Service, Inc., respondent, maintains a principal place of business at 1106 Taylorsville Road, Suite 2, Washington Crossing, PA 18977.

   2.  That respondent was issued a Certificate of Public Convenience on August 14, 1996, which was cancelled on December 5, 2000. On the dates of the violations alleged in this complaint, respondent did not hold a Certificate of Public Convenience issued by this Commission.

   3.  That respondent, on Tuesday, February 14, 2006, at approximately 8:49 a.m., at State Route 6, Exit # 6, Carbondale Township, Lackawanna County, Pennsylvania permitted a certain 2004 International truck tractor bearing Pennsylvania License No. YMN4689, Vehicle Identification No. 1HTMMAAL14H609208, to be operated. At that time, Enforcement Officer Richard F. Zaleski, a duly authorized officer of this Commission found said vehicle to be transporting a washer for compensation from Dickson City, Allentown, Lehigh County, Pennsylvania to Carbondale Township, Lacka- wanna County, Pennsylvania while not then holding a certificate of public convenience issued by this Commission. The penalty is $1,000. Future violations may result in possible criminal prosecution with penalties up to $10,000 and one year in prison.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the commission fine Dedicated Delivery Service, 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

   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, Chief of Enforcement

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). 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 17105-3265

   B.  If you fail to answer this complaint within twenty 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 Commonwealth of Pennsylvania and should be forwarded to:

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 you payment the complaint proceeding shall be closed. In such case, to prevent the suspension of your vehicle registration, you must file an application with the Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265. If no application is received within the twenty day time period, the Bureau of Transportation and Safety will proceed with the request for suspension of your vehicle registration. Your response should be directed to the Compliance Office, Bureau of Transportation and Safety, P. O. Box 3265, Harrisburg, PA 17105-3265.

   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 set forth above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Carl E. Welch, t/a Welch Trucking; Doc. No. A-00118251C0601

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 Carl E. Welch, t/a Welch Trucking, respondent, maintains his principal place of business at 136 Church Street, Markleysburg, PA 15459.

   2.  That respondent was issued a certificate of public convenience by this Commission on October 4, 2001, at Application Docket No. A-00118251.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 2003, 2004 and 2005.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, failed to comply with the January 11, 1999 Commission Decision at P-981458 and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00118251.

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

   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, Chief of Enforcement

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). 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 17105-3265

   B.  If you fail to answer this Complaint within twenty days, 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.  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 an Order imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   E.  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. 07-477. Filed for public inspection March 16, 2007, 9:00 a.m.]



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