NOTICES
Service of Notice of Motor Carrier Applications
[41 Pa.B. 6753]
[Saturday, December 10, 2011]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 December 27, 2011. 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-2011-2265607. Howell L. Crockett, Jr., t/a Jr. Crockett (5421 Old Philadelphia Pike, Intercourse, Lancaster County, PA 17534)—persons, in paratransit service, 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-2011-2266067. James T. St. John and Christie A. St. John, Tenants By Entirety (17 Hedgewood Avenue, Ronks, Lancaster County, PA 17572)—persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County, to points in Pennsylvania, and return.
A-2011-2268700. Visit Vans, LLC (325 North 8th Street, Allentown, Lehigh County, PA 18102)—persons, in paratransit service, from points in the Counties of Lehigh and Northampton, to any state correctional facility in Pennsylvania, and return.
A-2011-2268719. Aegis Ambulette Service, LLC (9 Chestnut Drive, Richboro, Bucks County, PA 18954)—a limited liability corporation of the Commonwealth of Pennsylvania—in paratransit service, between points in the Counties of Bucks, Chester, Delaware and Montgomery; and the City and County of Philadelphia.
A-2011-2270247. Bonnie Arthur (58 Peach Lane, Ronks, Lancaster County, PA 17572)—persons, in paratransit service, 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-2011-2272110. Nick A. Cillo (2600 Lincoln Drive, Montoursville, Lycoming County, PA 17754)—persons in paratransit service, between points in Pennsylvania.
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-2011-2270367. Regency Transportation Group, Ltd. (1411 Beaver Avenue, Pittsburgh, PA 15233)—a corporation of the Commonwealth of Pennsylvania—persons, in Group and Party service, in vehicles seating between 11 and 15 passengers, including the driver, between points in Pennsylvania. Attorney: William A. Gray, Esq., Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219.
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 as described under each application.
A-2011-2267142. Brothers Movers, LLC (264 Surrey Road, Southampton, Bucks County, PA 18966)—household goods in use, between points in the Counties of Philadelphia, Bucks, Montgomery, Chester and Delaware.
A-2011-2267220. Brujus, Inc. (106 Sycamore Avenue, Folsom, Delaware County, PA 19033)—household goods in use, from points in the Counties of Berks, Chester, Dauphin, Delaware, Lancaster, Lebanon, Montgomery, York and the City and County of Philadelphia.
A-2011-2271979. Fresh Start Herbs, Inc., t/a Rising Star Moving & Storage (1250 Bethlehem Pike, Unit 323, Hatfield, Montgomery County, PA 19440)—household goods in use, from points in the County of Bucks to points in Pennsylvania, and vice versa.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of household goods by transfer of rights as described under the application.
A-2011-2272932. Mckean & Burt, Inc., t/a All Ways Moving & Storage (326 West Maiden Street, Washington, Washington County, PA 15301)—a corporation of the Commonwealth of Pennsylvania—household goods in use, from points in Allegheny and Washington Counties, as more thoroughly described in the order granting authority: So As To Permit the transport, as a common carrier, by motor vehicle, household goods in use, from points in Greene County, to points in Pennsylvania, and vice versa.
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Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Paul Cab Co.;
Doc. No. C-2011-2263782; A-00113415
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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That Paul Cab Co., Respondent, maintains a principal place of business at 223 Pine Street, Turnersville, NJ 08012.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on February 18, 1997, at A-00113415.
3. That Respondent was advised by letter dated May 10, 2005, that its medallion authority was being transferred to the Philadelphia Parking Authority. At that time, Respondent was advised that its taxicab service which had an origin and destination outside of the City of Philadelphia remained subject to the regulatory oversight of the PA PUC. Respondent was also told that, if it chose to retain the authority under the jurisdiction of this Commission, an acceptable tariff must be filed showing the rates for the transportation service. Respondent failed to file an acceptable tariff.
4. That Respondent was advised by letter dated September 11, 2009, that it failed to file a valid tariff with this Commission as required by 52 Pa. Code § 23.11(a). Respondent was given an additional 60 days to file an acceptable tariff. Again, Respondent failed to file an acceptable tariff.
5. That, on April 12, 2010, a Complaint was instituted against Respondent at C-2010-2132461 for failure to file an acceptable tariff. Respondent was given 30 days to file an answer to the complaint or to file a tariff and pay a $250 penalty. No response was received; therefore, the Complaint was adjudicated by Secretarial Letter dated July 8, 2011.
6. That, to date, Respondent has failed to file an acceptable tariff showing the rates for the transportation service provided. This is a violation of 52 Pa. Code § 23.11(a) and § 29.314(b)(6). The Bureau of Investigation and Enforcement's penalty for this violation is cancellation of the Certificate of Public Convenience.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission cancel Paul Cab Co.'s Certificate of Public Convenience at A-00113415 for the illegal activity described in the complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Manager
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Michael E. Hoffman, Manager of the Bureau of Investigation and Enforcement, 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: 10/19/2011 ______ Michael E. Hoffman, Manager
Bureau of Investigation & En forcement
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:
Rosemary Chiavetta, 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 Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in this Complaint. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the cancellation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement or Order of the Commission is a separate and distinct offense, subject to additional penalties.
C. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in this Complaint, 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.
D. 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 in the Complaint.
E. If you would like an alternative format to this Complaint (for persons with disabilities) or if you have questions regarding this Complaint, please contact the Compliance Office at (717) 787-1227.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 11-2129. Filed for public inspection December 9, 2011, 9:00 a.m.]
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