NOTICES
Service of Notice of Motor Carrier Applications
[39 Pa.B. 4999]
[Saturday, August 15, 2009]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 August 31, 2009. 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-2009-2119961. Goodwill Industries of the Conemaugh Valley, Inc. (540 Central Avenue, Johnstown, Cambria County, PA 15902), a corporation of the Commonwealth--persons, in paratransit service: (1) to individuals with disabilities or disadvantages, including persons ages 7 to 20 with severe behavioral and social issues, through subcontract with Community Action Partnership of Cambria and Somerset County, the designated Cambria and Somerset County Medical Assistance Transportation Program (MATP) administrators, to eligible and authorized mental health clientele prescribed due to medical necessity to attend Goodwill day treatment services or psychiatric rehabilitation services; and (2) clientele, including those with disadvantages and disabilities, to places of employment between the Counties of Bedford, Blair, Cambria, Huntingdon, Indiana, Somerset and Westmoreland.
A-2009-2122410. Pamela Jean Wright (P. O. Box 81, Millville, Union County, PA 17867)--persons, in paratransit service, from points in the Counties of Columbia and Montour, to points in Pennsylvania, and return.
A-2009-2123038. Mid-Atlantic Limousine, Inc. (1401 Larch Lane, West Chester, Chester County, PA 19380), 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 Chester, Delaware, Montgomery, and the City and County of Philadelphia, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under the application.
A-2009-2122647. Boaz Cab Corp. (1405 West Pike Street, Philadelphia, Philadelphia County, PA 19140), a corporation of the Commonwealth--persons, upon call or demand, in the Township of Upper Merion, Montgomery County and in the Borough of Phoenixville, Chester County, which is to be a transfer of all the right authorized under the certificate issued at A-00122147 to Eli-Al Cab Co., t/a Cabs Valley Forge, subject to the same limitations and conditions.
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-2009-2122074. Black Top Limousine, Inc. (1727 West Passyunk Avenue, Philadelphia, Philadelphia County, PA 19145)--a corporation of the Commonwealth--for the additional right to begin to transport persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the City and County of Philadelphia, to points in Pennsylvania, and return; excluding that service which is under the jurisdiction of the Philadelphia Parking Authority. Attorney: Christopher Hill, Arangio & George, LLP, 2000 Market Street, Suite 1440, Philadelphia, PA 19103.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods by transfer of rights as described under the application.
A-2009-2120805. Dimon and Sons Transportation Corporation (93 Industrial Park Boulevard, Elmira, Chemung County, NY 14901), a corporation of the State of New York, and registered with the Commonwealth as a foreign business corporation, for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use: (1) and office furniture and equipment, in use, from points within 10 miles by the usually traveled highways of Highway Route 220, between Dushore, Sullivan County, and the New York-Pennsylvania state line, near South Waverly, Bradford County, to points in Pennsylvania, and vice versa; and (2) and personal effects and property used or to be used in a dwelling when part of the furnishings, equipment or supplies of such dwelling as an incidental part of a removal by the householder from one domicile to another; furniture, fixtures, equipment and property of stores, offices, museums, institutions, hospitals or other establishments, when a part of the stock, equipment or supply of such stores, offices, museums, institutions, hospitals or other establishments, in connection with a removal from one location to another; and articles, in use, including objects of art, displays and exhibits which, because of their unusual nature or value, require specialized handling and equipment usually employed in moving household goods, between points in the County of Bradford, and from points in said county, to points in Pennsylvania, and vice versa, which is to be a transfer of part of the operating authority authorized under the Certificate of Public Convenience issued at A-00108518 to James Ennis, Jr., t/d/b/a Ennis Trucking, on June 19, 1989, subject to the same limitations and conditions. Attorney: James W. Patterson, Esquire, 2929 Arch Street, 13th Floor, Philadelphia, PA 19104.
Applications of the following for the approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under each application.
A-2009-2122477. Robert E. Weicksel (2124 Kirkwood Pike, Kirkwood, Lancaster County, PA 17536)--discontinuance of service and cancellation of its certificate--in paratransit service, 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.
A-2009-2122701. North Warren Volunteer Fire Department (12 South State Street, Warren, Warren County, PA 16365)--discontinuance of service--persons, in paratransit service, between points in the County of Warren.
A-2009-2122487. Elsie Jeanette Yoder (4322 East Main Street, Belleville, Mifflin County, PA 17004)--discontinuance of service--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Mifflin, and from points in said county, to points in Pennsylvania, and return.
A-2009-2122893. DRS Transport, LLC (1051 Walnut Street, P. O. Box 308, Columbia, Lancaster County, PA 17512)--for the discontinuance of service and cancellation of its certificate, as a common carrier, by motor vehicle, authorizing the transportation of persons in paratransit service from points in the County of Lancaster, to points in Pennsylvania, and return; subject to the following condition: That no right, power or privilege is granted to originate service in the following territory, located in Lancaster County: the Boroughs of Adamstown, Akron, Terre Hill, Denver and Ephrata, and the Townships of Brecknock, Caernarvon, East Cocalico, Ephrata, Clay, West Cocalico, West Earl and west of the Conestoga River in Earl Township.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Autumn Industries, Inc.; Doc. No. C-2009-2112163
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 all authority issued to Autumn Industries, Inc. (respondent) is under suspension effective August 22, 2007, for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 518 Perkins-Jones Road, Warren, OH 44483.
3. That respondent was issued a Certificate of Public Convenience by this Commission on June 16, 2004, at A-00111891F0002.
4. That respondent has failed to maintain evidence of Cargo insurance on file with this Commission. The penalty is $250 and cancellation of the Certificate of Public Convenience.
5. 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 pays the penalty of $250 and 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 will request that the Commission issue an Order which: (1) cancels the Certificate of Public Convenience held by respondent at A-00111891F0002 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration; and (4) imposes an additional fine on the respondent should cancellation occur.
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 that the Bureau will be able to prove 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
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 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 (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 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, 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 and by paying the $250 fine proposed in the Complaint by certified check or money order 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 and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine 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 an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. 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 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.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 09-1543. Filed for public inspection August 14, 2009, 9:00 a.m.]
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