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PA Bulletin, Doc. No. 07-871

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 2275]
[Saturday, May 12, 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 June 4, 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-00123701. Daniel D. Paugh (1624 White Deer Pike, New Columbia, Union County, PA 17856)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from: (1) points in the Township of White Deer, Union County, and within 35 statute miles of said Township, to points in Pennsylvania, and return; and (2) from points in the Township of Watsontown, Northumberland County, and within 35 statute miles of said Township, to points in Pennsylvania, and return.

   A-00123703. Rick A. Hedrick, Sr. (20565 North Norrisville Road, Conneautville, Crawford County, PA 16406-6217)--persons, in limousine service: (1) from points in the Counties of Erie and Crawford, to points in Pennsylvania, and return; and (2) from the Pittsburgh International Airport, Allegheny County to other points in Pennsylvania and return.

   A-00123708. Jodi Marie Welsh (762 Drytown Road, Holtwood, Lancaster County, PA 17532)--persons, in paratransit service, limited to persons 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-00123710. Mohamad Shoiab Dehyar (700 Saxer Avenue, Springfield, Delaware County, PA 19064)--persons, in limousine service, from points in the Counties of Chester, Delaware and Montgomery, to points in Pennsylvania, and return.

   A-00123712. Envoy Transportation, Inc., t/a Envoy Transportation (52 Knickerbocker Lane, Malvern, Chester County, PA 19355), a corporation of the Commonwealth--persons, in limousine service, from points in the Counties of Bucks, Chester, Delaware, Montgomery and Philadelphia, to points in Pennsylvania, and return. Attorney: Richard T. Mulcahey, Jr., Two Penn Center, Suite 1400, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102-1890.

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 as described under the application.

   A-00104711, F1, Am-A. Morgan Moving and Storage, Ltd. (190 Yarnell Road, Pottstown, Chester County, PA 19465)--household goods in use, from points in the Counties of Montgomery, Chester, Delaware, Bucks and Berks, to points in Pennsylvania, and vice versa; which is to be in lieu of its present authority which reads as follows: to transport, as a Class D carrier, household goods in use from points in the Boroughs of Royersford, Montgomery County, and Spring City, Chester County, and within 10 miles by the usually traveled highways of the limits of the said boroughs to points in PA; to transport, as a Class D carrier, household goods, personal effects and property used or to be used in a dwelling when a part of the furnishings, equipment or supplies of such dwellings as an incidental part of a removal by the householder from one domicile to another; furniture, fixtures, equipment and the 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 from points in the Borough of Royersford, Montgomery County, and Spring City, Chester County, and within an airline distance of 10 statute miles of the limits of said boroughs, and within an airline distance of 18 statute miles of the limits of said borough, within the Counties of Berks, Chester and Delaware south of US Highway Route 422, and from the Borough of Douglassville, Berks County, to points in Pennsylvania, and vice versa.

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-00115480, F6. Corey Transport, LLC (10885 Homewood Road, Meadville, Crawford County, PA 16335) a limited liability company of the Commonwealth--additional right-persons, upon call or demand, in the County of Crawford.

Applications 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 each application.

   A-00100359, F1, Am-B. Baker's Transportation Service, Inc. (1400 West First Street, Oil City, Venango County, PA 16301), a corporation of the Commonwealth--persons in paratransit service between points in the County of Venango: so as to permit the transportation of persons in paratransit service, from points in the County of Venango, to points in Pennsylvania, and return. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228-1925.

   A-00121579, F1, Am-A. Classy Cab Company, Inc. (Sheraton Hotel/Northwest, 910 Sheraton Drive, Mars, Butler County, PA 16046)--for amendment to its common carrier certificate, which grants the right, inter alia--to transport persons, upon call or demand, in the City of Pittsburgh, Allegheny County; subject to the following conditions: that no right, power or privilege is granted to provide service from points in the Cities of McKeesport and Duquesne, the Boroughs of White Oak, Versailles, East Pittsburgh, East McKeesport, Wilmerding and Wall and the Township of North Versailles, Allegheny County, and the cities of New Kensington, Arnold and Lower Burrell, Westmoreland County, to the City of Pittsburgh, Allegheny County: so as to permit the transportation of persons, upon call or demand, in the County of Butler and in the Townships of Marshall and Pine, and the Boroughs of Bradford Woods and Franklin Park, all in Allegheny County; subject to the following conditions: that no right, power or privilege is granted to provide service within the limits of North Park, located in the townships of Pine and McCandless, both in Allegheny County. Attorney: William A. Gray, Vuono & Gray, LLC, 2310 Grant Building, Pittsburgh, PA 15219-2383.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Explorer Cartage Inc., 2 Woodland Road, 2nd Floor, Wyomissing, PA 19610-1934; Docket No. A-00119200C0701

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 Explorer Cartage, Inc. (respondent) is under suspension effective 5/01/2005 for failure to maintain evidence of insurance on file with this Commission.

   2.  That respondent maintains a principal place of business at Explorer Cartage, Inc., 2 Woodland Road, 2nd Floor, Wyomissing, PA 19610-1934.

   3.  That respondent was issued a Certificate of Public Convenience by this Commission on 11/05/2002, at Docket No. A-00119200.

   4.  That respondent has failed to maintain evidence of bond insurance on file with this Commission.

   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 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 Docket No. A-00119200 for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.

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 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    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 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 17105-3265

   B.  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 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 17105-3265

   Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. Acord Certificates of Insurance and faxed form Es and Hs are unacceptable as Evidence of Insurance.

   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.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Explorer Cartage, Inc., 2 Woodland Road, 2nd Floor, Wyomissing, Pa 19610-1934; Docket No. A-00119200C0702

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 Explorer Cartage, Inc. (respondent) is under suspension effective 5/01/2006 for failure to maintain evidence of insurance on file with this Commission.

   2.  That respondent maintains a principal place of business at Explorer Cartage, Inc., 2 Woodland Road, 2nd Floor, Wyomissing, PA 19610-1934.

   3.  That respondent was issued a Certificate of Public Convenience by this Commission on 11/05/2002, at Docket No. A-00119200.

   4.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance on file with this Commission.

   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 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 Docket No. A-00119200 for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.

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

   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 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    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 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 17105-3265

   B.  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 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 17105-3265

   Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. Acord certificates of insurance and faxed form Es and Hs are unacceptable as evidence of insurance.

   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. 07-871. Filed for public inspection May 11, 2007, 9:00 a.m.]



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