Service of Notice of Motor Carrier Applications [42 Pa.B. 6606]
[Saturday, October 13, 2012]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 October 29, 2012. 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-2012-2286479. Corrected—Grandeur Executive Transportation, LLC (286 Stanton Court, Glen Mills, PA 19342) for the right to begin as a common carrier, persons in limousine service, between points in the Counties of Bucks, Delaware, Montgomery and Philadelphia, excluding areas under the jurisdiction of the Philadelphia Parking Authority.
A-2012-2295523. Gerald E. Kelly, t/a Kelly Transport (361 Oman Road, Bloomsburg, Columbia County, PA 17815)—persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the Counties of Columbia and Montour, to points in Pennsylvania, and return.
A-2012-2317870. Success America (2427 Susque- hanna Avenue, Abington, Montgomery County, PA 19101)—persons, in paratransit service, from points in Delaware County, to points in Pennsylvania, and return. Attorney: David P. Temple, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.
A-2012-2318471. Mansur Malik, t/a 5 Star Limousine (220 Roosevelt Avenue, Downingtown, Chester County, PA 19335)—persons, in limousine service, between points in the Counties of Chester, Delaware, Lancaster, Berks and Montgomery.
A-2012-2318489. Peat's Elite Car Service, Inc. (120 Aileen Drive, Lansdale, PA 19446)—for the right to begin to transport, as a common carrier, persons in limousine service, between points in the Boroughs of Hatfield, Lansdale and North Wales and the Townships of Hatfield, Montgomery, Upper Gwynedd and Towamencin, all in Montgomery County.
A-2012-2321845. William Morris, t/a W M Morris Transportation Service (2623 Waldo Street, Harrisburg, Dauphin County, PA 17110)—persons in paratransit service, from points in Dauphin County, to points in Pennsylvania, and return.
A-2012-2322942. BLD Limousine, LLC, t/a Savannah's Limousine Company (801 South 10th Street, Harrisburg, Dauphin County, PA 17104)—persons in limousine service, from points in the City of Harrisburg, Dauphin County, to points in Dauphin, Cumberland and York Counties, and return.
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-2012-2321489. Sugarcreek Township Ambulance Service (2030 State Route, East Brady, PA 16028) for amendment to its common carrier certificate, which grants the right, to transport as a common carrier, persons in paratransit service, in wheelchair and stretcher transport, for medical reasons, between points in the Counties of Armstrong, Butler and Clarion, and from points in said Counties, to points in Pennsylvania, and return; inter alia: So As To Permit: To transport as a common carrier, persons in paratransit service in wheelchair and stretcher transport, for medical reasons, between points in Mercer County, and from points in said County to points in Pennsylvania, and return. Attorney: Anthony J. Foschi, Tucker Arensberg, P.C., Two Lemoyne Drive, Suite 200, Lemoyne, PA 17043.
A-2012-2322525. Trust Ambulance, Inc. (1131 Primrose Avenue, Camp Hill, Cumberland County, PA 17011)—for amendment to its common carrier certificate, which grants the right, inter alia, to transport persons, in paratransit service, from points in the City of Harrisburg, Dauphin County, and within an airline distance of 40 statute miles of the limits of said City, and from points in the County of York and the Borough of Chambersburg, Franklin County, to points in Pennsylvania, and return: So As To Permit: the transportation of persons, in para- transit service from points in the Counties of Union, Northumberland, Montour, Lycoming, Clinton and Centre, to points in Pennsylvania, and return.
Application of the following for approval to begin operating as a broker for transportation of persons as described under the application.
A-2012-2317300. Gegen, LLC (1701 Walnut Street, 7th Floor, Philadelphia, PA 19103)—brokerage license—for the transportation of persons between points in Pennsylvania. Attorney: David P. Temple, Esquire, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.
Application 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 the application.
A-2012-2323365. Platinum Touch Transportation, LLC (4404 North Uber Street, Philadelphia, Philadelphia County, PA 19140)—discontinuance of service—persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the City and County of Philadelphia, and the Counties of Bucks, Montgomery and Delaware, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.
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Pennsylvania Public Utility Commission,
Bureau of Transportation and Safety v. Henninger Transport, LLC; C-2011-2223639COMPLAINT 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 Henninger Transport, LLC, (respondent) is under suspension effective January 12, 2011 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at PO Box 471, Pillow, PA 17080.
3. That respondent was issued a Certificate of Public Convenience by this Commission on November 7, 2006, at A-00123205.
4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.
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 pays the penalty of $500 and 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 A-00123205 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Michael E. Hoffman, 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: _____ _________________
Michael E. Hoffman, Director
Bureau of Transportation and SafetyNOTICE 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 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 and by paying the $500 fine proposed in the Complaint by certified check or money order 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 Transporta tion and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Acord Certificates of Insurance and faxed form Es and Hs are unacceptable as evidence of insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
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Pennsylvania Public Utility Commission,
Bureau of Transportation and Safety v. Potoka Trucking, Inc.; C-2011-2223647COMPLAINT 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 Potoka Trucking, Inc., (respondent) is under suspension effective January 13, 2011 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 83 East Hills Street, Youngwood, PA 15697.
3. That respondent was issued a Certificate of Public Convenience by this Commission on October 4, 2001, at A-00116559F0002.
4. That respondent has failed to maintain evidence of Liability and Cargo insurance on file with this Commission. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.
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 pays the penalty of $500 and 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 A-00116559F0002 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Michael E. Hoffman, 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: _____ _________________
Michael E. Hoffman, Director
Bureau of Transportation and SafetyNOTICE 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 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 and by paying the $500 fine proposed in the Complaint by certified check or money order 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 Transporta tion and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Acord Certificates of Insurance and faxed form Es and Hs are unacceptable as evidence of insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 12-2014. Filed for public inspection October 12, 2012, 9:00 a.m.]
