NOTICES

Service of Notice of Motor Carrier Applications

[31 Pa.B. 58]

   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. Publication of this notice shall be considered as sufficient notice to all carriers holding authority from this Commission. Applications will be considered without hearing in the absence of protests to the application. Protests to the applications published herein are due on or before January 29, 2001, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protest shall also indicate whether it applies to the temporary authority application or the permanent application or both.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating as common carriers for transportation of persons as described under each application.

   A-00117407. Yellow Breeches EMS, Inc. (P. O. Box 106, Mt Holly Springs, Cumberland County, PA 17065), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service, between points in the borough of Mt. Holly Springs, the townships of Cooke, Dickinson, Monroe, Penn and South Middleton, all in Cumberland County, and from points in said borough and townships, to points in Pennsylvania, and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Mike Fox, Inc.; Doc. No. A-00105887C0001

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania, empowered to regulate public utilities within this 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 that:

   1.  Mike Fox, Inc., respondent, maintains its principal place of business at 123 Bryan Drive, Sarver, Pennsylvania 16055.

   2.  Respondent was issued a certificate of public convenience by this Commission on April 2, 1985, at Docket No. A-00105887.

   3.  On September 28, 1999, respondent was sent an initial 1999-2000 assessment of $151. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $151.

   4.  Respondent has an outstanding assessment of $151.

   5.  Respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S.A. § 510(c).

   6.  Respondent, by failing to pay the assessment, is in violation of the Public Utility Code at 66 Pa.C.S.A. § 510(c).

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission cancel the certificate of public convenience issued to respondent, direct the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, notify the Pennsylvania Department of Revenue that respondent's certificate of public convenience has been revoked and notify respondent's insurance carrier that respondent's certificate of public convenience has been revoked.

Respectfully submitted,
George T. Mahan, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

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 publication date of this issue of the Pennsylvania Bulletin, 52 Pa. Code § 1.56(a). 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 file an answer within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission impose the penalty set forth in the complaint.

   C.  You may elect not to contest this complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

Bureau of Administrative Services,
Attention: Steve Reed
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission impose the penalty set forth in the complaint.

   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 penalty set forth in this complaint.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Administrative Services at (717) 783-6190.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-18. Filed for public inspection January 5, 2001, 9:00 a.m.]

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