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PA Bulletin, Doc. No. 10-1508

NOTICES

Service of Notice of Motor Carrier Applications

[40 Pa.B. 4728]
[Saturday, August 14, 2010]

 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 30, 2010. 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-2010-2189481. United Medical Transport LTD. (P. O. Box 21028, Philadelphia, Philadelphia County, PA 19114)—for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service from points in the Counties of Philadelphia, Bucks, Montgomery, Lehigh and Northampton, to points in Pennsylvania, and return. Attorney: David M. Hollar, Esquire, 8 Tower Bridge, Suite 400, 161 Washington Street, Conshohocken, PA 19428.

A-2010-2191395. MG Transport, Inc., d/b/a Trophy Limousine (810 Cooper Landing Road, Cherry Hill, NJ 08002) a corporation of the Commonwealth, for the right to begin to transport, as a common carrier, by motor vehicle, persons in limousine service: So As To Permit the transfer of rights authorized under the certificate issued at A-00123712 to Envoy Transportation, Inc., subject to the same limitations and conditions.

A-2010-2191504. Susquehanna Valley Emergency Medical Service (P. O. Box 1, Landisville, Lancaster County, PA 17538)—a nonprofit corporation of the Commonwealth—in paratransit service, from points in Lancaster County, to points in Pennsylvania, and return.

A-2010-2191705. No Dui Scranton, LLC (101 Woodside Manor, Scranton, Lackawanna County, PA 18505), for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, limited to persons who frequent establishments that serve alcohol, for the prevention of driving while intoxicated, between points within the City of Scranton, PA.

A-2010-2191735. Mercylife Ambulance, Inc. (309 Philmont Avenue, Feasterville, Bucks County, PA 19053), Application of MercyLife Ambulance, Inc., for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, limited to disabled persons in wheelchair lift equipped vehicles between points in Philadelphia, Bucks, Montgomery, Chester and Delaware Counties.

A-2010-2191780. Megabus Northeast, LLC t/a megabus.com (349 First Street, Elizabeth, Union County, NJ 07206), a limited liability company of the Commonwealth, for the right to begin to transport, as a common carrier, by motor vehicle, persons, on schedule, within the Commonwealth on the following routes: (1) Take I-676 and cross Ben Franklin Bridge, continue on I-676 Vine Street Expressway, turn by means of Exit 344 (towards 30th Street Station), turn right onto Arch Street, follow road to left onto 30th Street, turn right onto John F. Kennedy Boulevard and arrive at first stop; from first stop, turn left onto Market, turn left onto Schuylkill Avenue (PA-3), merge onto I-76 West toward Valley Forge (Portions Toll), merge onto I-76 West by means of Exit 247 (towards Harrisburg/East Harrisburg/Hershey) (I-83 South), merge onto I-283 North by means of Exit 3A on the left towards Harrisburg, take the Paxton Street/Bass Pro Drive Exit, Exit 45, merge onto Paxton Street (on the left), arrive at the second bus stop which is located at pole 23 in the southeast corner of Harrisburg Mall closest to the intersection of Friendship Road; from second stop, turn right onto South 32nd Street, take Wayne Street Exit, merge onto I-83 North by means of the ramp to I-81, merge onto I-81 South/US-322 West by means of Exit 51A on the left towards Carlisle/Lewistown, merge onto US22-West/322 by means of Exit 67 B-A toward Lewistown/State College, take Route 322 West (business), turn right onto North Atherton Street/US-322 Bridge, 1665 North Atherton Street is on the right and the third and final stop is in the Wal-Mart parking lot, State College, PA in the southwest corner of the parking lot near North Atherton Street; (2) Take I-676 and cross Ben Franklin Bridge, continue on I-676 Vine Street Expressway, turn by means of Exit 344 (towards 30th Street Station), turn right onto Arch Street, follow road to left onto 30th Street, turn right onto John F. Kennedy Boulevard, and arrive at first stop; from first stop, turn left onto Market, turn left onto Schuylkill Avenue (PA-3), merge onto I-76 West toward Valley Forge (Portions Toll), merge onto I-76 West by means of Exit 247 (towards Harrisburg/East Harrisburg/Hershey) (I-83 South), merge onto I-283 North by means of Exit 3A on the left towards Harrisburg, take the Paxton Street/Bass Pro Drive exit, Exit 45, merge onto Paxton Street (on the left), arrive at the second bus stop which is located at pole 23 in the southeast corner of Harrisburg Mall closest to the intersection of Friendship Road; from the second bus stop, return to Friendship Road, turn right onto Paxton Street, turn right onto South 40th Street, turn left onto Chambers Hill Road (towards Turnpike) (I-283 South), merge onto I-283 South (towards PA Turnpike), merge onto Turnpike (towards Pittsburgh), rest stop at Sideling Hill, merge onto I-376 West Monroeville Exit, take Bigelow Boulevard Exit (towards Veterans Bridge), take 7th Street Exit, turn right onto Grant Street, turn left onto 11th Street, turn left into west side of Convention Center and arrive at the third and final stop at 10th Street, under Convention Center (Pittsburgh, PA); thence returning to the point of origin. Attorney: David H. Coburn, Steptoe & Johnson, LLP, 1330 Connecticut Avenue, N.W., Washington, DC 20036.

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-2010-2190392. Wanish Limousine Service, LTD. (982 East Valley Road, Pottstown, Montgomery County, PA 19464)—for the additional right to begin to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Berks, Chester and Montgomery, to points in Pennsylvania, and return.

A-2010-2191697. TJT, Inc., t/a A & A Limousine Service (2148 Havertown Road, Northampton, Northampton County, PA 118067)—a corporation of the Commonwealth—persons in airport transfer service, from the Lehigh Valley International Airport located in Allentown, Lehigh County, to points in Pennsylvania; excluding that service under the jurisdiction of the Philadelphia Parking Authority.

Applications 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-2010-2190981. Balaur Moving & Storage Co. (2708 Garrett Road, Drexel Hill, PA 19026)—household goods in use, from points in the Counties of Philadelphia, Bucks and Delaware, to points in Pennsylvania.

A-2010-2191829. EZ Moving, LLC (133 Forsythia Drive North, Levittown, PA 19056)—a corporation of the Commonwealth—household goods in use, from points in the Counties of Bucks, Montgomery, Chester, Delaware and Philadelphia to points in Pennsylvania and vice versa.

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-2010-2191011. David I. Christofor (545 East Main Street, Reynoldsville, Jefferson County, PA 15851)—for the discontinuance of service and cancellation of his certificate, as a common carrier, by motor vehicle, authorizing the transportation of persons in paratransit service, limited to those persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Jefferson, Indiana and Clearfield, to points in Pennsylvania, and return.

A-2010-22191383. John Elias Donton, t/a Schuylkill Moving Service (136 Chestnut Street, Cressona, Schuylkill County, PA 17929)—to discontinue service as a common carrier by motor vehicle, at A-8911331, authorizing the transportation, as a common carrier, by motor vehicle, household goods in use, from points in the County of Schuylkill, to points in Pennsylvania.

____

Pennsylvania Public Utility Commission Bureau of
Transportation and Safety v. Alpha Moving and
Storage, Inc., t/a A Pioneer Moving Systems Co.;
Doc. No. C-2010-2187846, A-00115139

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 (BTS) Prosecutory Staff hereby represents as follows:

 1. That Alpha Moving & Storage, Inc., t/a A Pioneer Moving Systems Co., Respondent, maintains a principal place of business at 13451 Damar Drive, Philadelphia, PA 19116.

 2. That Respondent was issued a Certificate of Public Convenience by this Commission on April 1, 1999 at A-00115139.

 3. That, on May 15, 2010, Respondent transported the household goods of Matthew Lentz from The University of Pennsylvania, 3817 Spruce Street, Philadelphia, PA to Respondent's storage facilities for $305.00, which was paid, in cash, at the time of the move.

 4. That, on June 8, 2010, Richard Oller, owner of the warehouse that contains Respondent's storage facilities, contacted Wendy J. Keezel, Chief of Enforcement, by telephone and explained that he had evicted Respondent from his property. Respondent had erased the hard drives from the computer and Mr. Oller had no way of locating the owners of the household goods in his warehouse. Chief Keezel assigned the Philadelphia Regional Manager, Enforcement Officer William Kilrain, to investigate Respondent. On that same day, Officer Kilrain contacted Allen Jenkins, Respondent's General Manager. Mr. Jenkins assured Officer Kilrain that all of the household goods stored in the warehouse would be moved to its new facilities. Officer Kilrain then contacted Mr. Oller to advise him of Respondent's plans. Mr. Oller was concerned that Mr. Jenkins would not find a new location and that he would not be able to locate the owners of the household goods himself. Officer Kilrain attempted to re-contact Mr. Jenkins to obtain a list of the owners of the stored household goods. He was unable to reach the Respondent at the same phone number he just called.

 5. That, on June 18, 2010, Diana Lentz, Matthew's mother, contacted Officer Kilrain to obtain Respondent's location and contact information. She explained that, on June 4, 2010, she telephoned Allen Jenkins and confirmed a delivery date for July 5, 2010, to have her son's household goods moved to his new address. However, since that time, she has not been able to contact Respondent and was concerned. Officer Kilrain gave Mrs. Lentz Respondent's cell phone number and Mr. Oller's phone number. Later that day, Mrs. Lentz contacted Officer Kilrain and advised him that the July 5 delivery date was confirmed.

 6. That, on July 5, 2010, Respondent failed to deliver the household goods of Matthew Lentz. Efforts made by Diana Lentz to contact Respondent were unsuccessful.

 7. That, on July 6, 2010, Mrs. Lentz contacted Officer Kilrain and stated that Respondent had failed to appear at the warehouse to move the household goods. Officer Kilrain attempted to contact Mr. Allen Jenkins at his cell phone number and the call was unanswered. Respondent's business phone number was answered by a forwarding service, but Respondent did not return calls to Officer Kilrain. Officer Kilrain e-mailed further communications to Respondent and received no response. Also on July 6, 2010, BTS sent Respondent a certified letter asking it to contact the Philadelphia District Office. BTS mailed the letter to the address on file with the Commission. The U.S. Post Office returned the letter to the Philadelphia District Office and marked the letter, ''Return to Sender-Attempted-Not Known, Unable to Forward.''

 8. That, on July 7, 2010, Mrs. Lentz indicated to Officer Kilrain that Mr. Oller agreed to open the warehouse for the purpose of identifying her son's property. Matthew Lentz and Mr. Oller entered the warehouse. Matthew Lentz did not find his household goods in the location where Respondent had indicated they would be. During the week of July 16 to July 21, a search of the crates at Mr. Oller's warehouse proved futile. Officer Kilrain attempted to send a fax to Respondent on July 20, 2010, on two occasions, with a message to contact him at the number listed. Both were returned with an error result of ''no answer.''

 9. That, Respondent has not notified the Commission of a change in address or phone number. Respondent's corporate address with the Pennsylvania Department of State is 13451 Damar Drive, Philadelphia, PA 19116, which is the same address on file with the Commission.

 10. That, Respondent has failed to cooperate with BTS' investigation. Respondent has not communicated to the Commission from July 6 to July 28, 2010, despite receiving numerous inquiries.

 11. That, during the investigation, BTS discovered that the warehouse contained numerous belongings of other household goods customers, which cannot be identified by records since Respondent destroyed the hard drives of its computers.

 12. That, on June 28, 2010, the Commission sent Respondent a letter informing it that the Tristate Household Goods Tariff Conference, Inc. cancelled its Tristate membership effective May 28, 2010, for non-payment of annual dues, that as a result of the cancellation, Respondent may no longer use the Tristate tariff and that Respondent must cease and desist transporting household goods until such time as an approved tariff is filed with this Commission. BTS informed Respondent that it must file a tariff which is comparable to the previous tariff it was using on or before July 28, 2010. Respondent did not file an acceptable Household Goods in Use tariff with the Commission by that date.

 13. That, in the course of the investigation, research revealed that BTS instituted a Complaint at C-2010-2172261 alleging that Respondent failed to pay an outstanding assessment of $1,333.00 for the years 2007, 2008, and 2009. BTS sent the complaint using Certified Mail on April 30, 2010, and the letter was returned unclaimed. BTS re-sent the complaint using Certified Mail on May 29, 2010. The Complaint was published in the Pennsylvania Bulletin on July 17, 2010. To date, Respondent has not filed an answer.

 14. That Respondent, by failing to cooperate with a Commission investigation and failing to furnish information from July 6 to August 14, 2010, as stated in Paragraphs 7, 8, & 9, violated 66 Pa.C.S. § 505. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff proposes a civil penalty of $500.00 per violation, per day, for a total proposed civil penalty of $19,500.

 15. That Respondent, by failing to file a tariff showing rates for such service, as stated in Paragraph 10, violated 52 Pa. Code § 23.11(a) and § 31.27. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff proposes a civil penalty of $500.00 for this violation.

 16. That Respondent, by failing to deliver the household goods of Matthew Lentz, violated 66 Pa.C.S. § 1501 by not furnishing reasonable service. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff proposes a civil penalty of $500.00 for this violation.

 17. That Respondent, by failing to provide updated contact information with the Commission, violated 52 Pa. Code § 1.53(d). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff proposes a civil penalty of $100.00 for this violation.

Wherefore, the Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff requests the Commission to cancel Alpha Moving & Storage, t/a A Pioneer Moving Systems Co's, Certificate of Public Convenience at A-00115139, fine Respondent the sum of Twenty Thousand Six Hundred Dollars ($20,600) for the illegal activity described in this Complaint, direct Respondent to identify each household goods customer and return their belongings that are being stored at the warehouse at 13451 Damar Drive, Philadelphia, PA 19116, 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). 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 17105-3265

 B. If you fail to answer this Complaint within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. The penalty could include the revocation of your Certificate of Public Convenience or other remedy.

 C. 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 issue an Order imposing a penalty.

 D. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

 E. If you have questions regarding this Complaint or if you would like an alternative format to this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 10-1508. Filed for public inspection August 13, 2010, 9:00 a.m.]



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