NOTICES

Service of Notice of Motor Carrier Applications

[38 Pa.B. 2218]
[Saturday, May 10, 2008]

   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 May 26, 2008. 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-2008-2036325. Dynasty Limousine Service, LLC (64 East Uwchlan Avenue, No. 210, Exton, Chester County, PA 19320)--limousine service, from points in the Counties of Chester, Delaware, Lancaster, Montgomery, and the City and County of Philadelphia, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority. Attorney:  Richard T. Mulcahey, Jr., Esq., Two Penn Center, Suite 1400, 1500 JFK Boulevard, Philadelphia, PA 19102.

   A-2008-2037045. Rodney L. Huber (958 Village Road, Lancaster, Lancaster County, PA 17602)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Chester, Lancaster and York, to points in Pennsylvania, and return.

   A-2008-2038511. Rayco Transportation, Inc. (R. D. 4, Box 189B, Tyrone, Blair County, PA 16686)--persons, in paratransit service, to medical appointments from points in Bedford, Blair, Cambria, Center, Clearfield and Huntingdon Counties, to points in Pennsylvania, and return.

Application 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 the application.

   A-2008-2037188. Executive Car & Limousine Service, Inc. (1009 Hearthstone Way, Lewisburg, Union County, PA 17837)--inter alia--persons, in limousine service, from points in the Counties of Union and Lycoming, to points in Pennsylvania and return: So As To Permit the transportation of persons in limousine service between points in Pennsylvania. Attorney:  Fred P. Rinaldi, Rinaldi & Poveromo, PC, 520 Spruce Street, P. O. Box 826, Scranton, PA 18501.

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-00123712. Envoy Transportation, Inc., t/a Envoy Transportation (P. O. Box 228, Paoli, PA 19301), a corporation of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Bucks, Chester, Delaware, Montgomery and Philadelphia to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.

   A-2008-2038147. Lancaster County Taxi Service Company, Inc. (505 Foggy Bottom Road, Ephrata, Lancaster County, PA 17522), a corporation of the Commonwealth persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the County of Lancaster, to points in Pennsylvania, and return.

Applications of the following for approval to begin operating as a broker for transportation of persons as described under each application.

   A-2008-2038516. QVC Local, Inc., t/a QVC Productions (1200 Wilson Drive, West Chester, PA 19380), a corporation of the State of Delaware, for a brokerage license, evidencing the Commission's approval of the beginning of the right and privilege to operate as a broker, to arrange for the transportation of persons, between points in Pennsylvania.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Jenks, Inc., t/a Georgia Carroll Moving Company; Doc. No. A-00113657C

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 Jenks, Inc., t/a Georgia Carroll Moving Company, respondent, maintains its principal place of business at 42 Ridgecrest Drive, Pittsburgh, Pennsylvania 15235.

   2.  That respondent was issued a certificate of public convenience by this Commission on June 26, 1997, at Application Docket No. A-00113657.

   3.  That respondent, on May 4, 2007, transported household goods for Mary A. Evans from 1625 Centre Avenue, Pittsburgh, Pennsylvania to 439 Crawford Street, Pittsburgh, Pennsylvania. The shipper was not provided with a written estimate or Information for Shippers statement.

   4.  That respondent, by failing to use and complete the written form for estimates of charges titled ''Estimated Costs of Service,'' violated 52 Pa. Code § 31.122(2). Penalty is $250.00.

   5.  That respondent, by failing to furnish the complainant with an ''Information for Shippers'' statement prior to the preparation of an order for service, violated 52 Pa. Code § 31.121(a). Penalty is $250.00.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Jenks, Inc., t/a Georgia Carroll Moving Company the sum of five hundred dollars ($500.00) 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, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 the Bureau will 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 Motor Carrier Services and Enforcement Division Bureau of Transportation and Safety

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. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

   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 set forth above.

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

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Complaint

Raymond Frank Wertz
226 East Fayette Street
Uniontown, PA 15401

In Re: Pennsylvania Public Utility Commission
v.
Raymond Frank Wertz
Docket No.: C-20077639

Dear Mr. Wertz:

   On May 9, 2007, the Bureau of Transportation and Safety instituted a complaint against Raymond Frank Wertz, Respondent, alleging that respondent, on December 12, 2006, at approximately 10:30 a.m., at the Amtrak Station, Pittsburgh, Allegheny County, Pennsylvania, purported himself to be a ''car service.'' Respondent offered to provide transportation to Pittsburgh District Office Manager Denise H. Cohen while driving a 1992 Chevy Van bearing Pennsylvania License No. GHB0007, Vehicle Identification No. 2GBEG25K6N4132072. That Respondent, in performing this act violated the Public Utility Code, 66 Pa.C.S. § 1101.

   Respondent was duly notified that, if no Answer was filed within twenty (20) days from the date of service of the Complaint that either admitted or failed to deny the allegations of the Complaint, the penalty would be imposed.

   The Complaint and Notice which were mailed May 9, 2007 by certified mail, return receipt requested, were returned to the Pennsylvania Public Utility Commission on May 27 2007, by the United States Postal Service marked ''return to sender; attempted - not known; unable to forward.''

   On July 9, 2007, PUC Enforcement Officer James R. Murray, attempted to hand deliver the Complaint and Notice at the address on record for Raymond Frank Wertz. The address listed was occupied by the East End Mission Homeless Shelter. The resident manager of said shelter advised PUC Enforcement Officer Murray that Raymond Wertz was a homeless individual who no longer resided at the shelter.

   The Complaint and Notice were then published in The Pennsylvania Bulletin on Saturday, September 29, 2007, and, to date, more than thirty (30) days later, no response has been received from Respondent.

   Therefore, the allegations in the Complaint are admitted and the Complaint is sustained.

   Respondent, within twenty (20) days from the date of the service of this letter, shall pay a fine of One Thousand Dollars ($1,000.00) by certified check or money order payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315, shall cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq., and the Regulations of this Commission, 52 Pa. Code §§ 1.1, et seq.

Very truly yours,

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 08-908. Filed for public inspection May 9, 2008, 9:00 a.m.]

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