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PA Bulletin, Doc. No. 24-382

NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[54 Pa.B. 1462]
[Saturday, March 16, 2024]

 Formal complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due April 1, 2024, and must be made with the Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Cooper Transportation, LLC; Docket No. C-2024-3040680

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 Cooper Transportation, LLC, Respondent, maintains a mailing address of 28 W. Upper Ferry Rd., Ewing, NJ 08628.

 2. On May 5, 2023, by Commission Secretarial letter, Respondent was issued a certificate of public convenience by this Commission authorizing transportation, as a common carrier, by motor vehicle, property, excluding household goods in use, between points in Pennsylvania at PUC utility code no. 8926174 at A-2023-3040045.

 3. On November 15, 2023, PUC Enforcement Officer Michael Johncola was assigned a Safety Fitness Review for Cooper Transportation, LLC. Officer Johncola conducted a search of PUC records and discovered an insurance lapse and suspension letter dated November 4, 2023. Officer Johncola spoke to the carrier owner, Davone Cooper, who indicated that he was no longer operating. Officer Johncola advised the carrier of the cancellation of certificate process.

 4. As of January 16, 2024, Officer Johncola discovered the carrier has failed to complete the process.

 5. That Respondent, by failing to achieve a satisfactory evaluation on a safety fitness review, violated 66 Pa. § 501(c) and, for failure to maintain adequate, efficient, and safe service and facilities, violated 66 Pa. § 1501. The penalty for this violation is cancellation of the certificate held by Respondent with this Commission at utility code 8926174.

Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission revoke the certificate of public convenience issued to Cooper Transportation, LLC at PUC utility code number 8926174.

  Respectfully submitted,
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
100 Lackawanna Avenue, Room 320
Scranton, PA 18503

VERIFICATION

 I, Andrew Turriziani, hereby state that the facts above set forth are true and correct to the best of my knowl-edge, information, and belief and that I expect that theBureau 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: 24 January 2024

Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

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 shall be mailed to:

Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120

 Or, e-mailed to: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 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 a Secretarial Letter 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. The judge is not bound by the optional fine set forth above.

 E. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. David Temple, Esq; Docket No. C-2024-3041372

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 David Temple, Esq, Respondent, maintains a mailing address of 111 Buck Road, Building 500, Suite 1, Huntington Valley, PA 19006.

 2. On June 12, 2023, by Commission Secretarial letter, Respondent was issued a certificate of public convenience by this Commission authorizing Aladdin Limo, Inc., to transport persons, by motor vehicles in group and party service, in vehicles seating 11—15 passengers including the driver, between points in the counties of Bucks, Chester, Delaware, Lehigh, Montgomery, and Philadelphia, except those areas under the jurisdiction of the Philadelphia Parking Authority at PUC utility code no. 640261 at A-2023-3039917.

 3. On August 11, 2023, PUC Enforcement Officer Douglas Wells attempted to contact the carrier by email. A second email was sent on October 6, 2023. A phone call was placed October 13, 2023 at which time I was advised that the respondent was out of the country and was due to return in a few weeks. Another email was sent on November 15, 2023. On November 17, 2023, Officer Wells sent a No-Contact letter to the respondent. A second No-Contact letter was sent on November 27, 2023 and a Certified No-Contact letter was sent on December 22, 2023.

 4. That Respondent, by failing to achieve a satisfactory evaluation on a safety fitness review, violated 66 Pa. § 501(c) and, for failure to maintain adequate, efficient, and safe service and facilities, violated 66 Pa. § 1501. The penalty for this violation is cancellation of the certificate held by Respondent with this Commission at utility code 640261.

Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission revoke the certificate of public convenience issued to David Temple, Esq, T/A Aladdin Limo, Inc., at PUC utility code number 640261.

  Respectfully submitted,
Andrew Turriziani, Chief
Bureau of Investigation and Enforcement
Motor Carrier Enforcement Division
400 North Street
Harrisburg, PA 17120

VERIFICATION

 I, Andrew Turriziani, 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: 24 January 2024

Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

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 shall be mailed to:

Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120

 Or, e-mailed to: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 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 a Secretarial Letter 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. The judge is not bound by the optional fine set forth above.

 E. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 24-382. Filed for public inspection March 15, 2024, 9:00 a.m.]



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