349 Petition for declaratory judgment before the Philadelphia Parking Authority Taxicab and Limousine Division; medallion no. 1313; doc. no. P1202001?

PHILADELPHIA
PARKING AUTHORITY

Petition for Declaratory Judgment before the Philadelphia Parking Authority Taxicab and Limousine Division; Medallion No. 1313; Doc. No. P1202001

[42 Pa.B. 1106]
[Saturday, February 25, 2012]

Petition for Declaratory Judgment

 Petitioner, the Philadelphia Parking Authority, through its Taxicab and Limousine Division, hereby petitions this Honorable Court for a Declaratory Judgment concerning the status of Medallion No. 1313 for the following reasons:

 1. On April 10, 2005, the Philadelphia Parking Authority (''Authority'') assumed regulatory control over medallion taxicabs in Philadelphia from the Pennsylvania Public Utility Commission (''PUC'') (the ''Transfer Date'').

 2. On the Transfer Date, Medallion No. 1313 was in the sole possession of the PUC.

 3. On the Transfer Date, all property of the PUC related to its enforcement of medallion taxicabs was transferred to the possession of the Authority.

 4. Medallion No. 1313 has not been in service for over seven (7) years, has never paid an Authority assessment fee and carried administrative penalties levied by the PUC against the previous owners in an amount not less than One Hundred Seventeen Thousand Nine Hundred Thirty Seven Dollars and 00/100 ($117,937.00), prior to its revocation by the PUC.

 5. Medallion No. 1313 is a possession of the Authority and is subject to sale pursuant to 53 Pa.C.S. § 5717.

 Wherefore, The Philadelphia Parking Authority, through its Taxicab and Limousine Division, respectfully requests this Honorable Court issue a Declaratory Judgment confirming that the Authority is the successor in interest to the Commission in regards to Medallion No. 1313 and that the Authority is permitted to sell Medallion No. 1313 in accordance with its interest.

 Respectfully submitted,
The Philadelphia Parking Authority
Taxicab and Limousine Division

 By: _________________
Megan M. Poley
Trial Counsel
The Philadelphia Parking AuthorityTaxicab and Limousine Division
2415 South Swanson Street
Philadelphia, PA 19148

VERIFICATION

 I, William Schmid, Deputy Director of The Philadelphia Parking Authority Taxicab and Limousine Division, 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 Authority to 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: ______

 _________________
William Schmid
Deputy Director
The Philadelphia Parking Authority
Taxicab and Limousine Division

__________

BEFORE THE
PHILADELPHIA PARKING AUTHORITY
TAXICAB AND LIMOUSINE DIVISION

	:
IN RE:	:
MEDALLION NO. 1313	:	DOCKET NO. P1202001
	:
	:

NOTICE

 A. You must file an Answer within twenty (20) days of service of this Petition. The date of service is the date of publication in the Pennsylvania Bulletin. 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 Docket No. of this Petition. Your Answer must be verified and the original and two (2) copies filed with:

 Christine Kirlin
Office of the Clerk
The Philadelphia Parking Authority
Taxicab and Limousine Division
2415 South Swanson Street
Philadelphia, PA 19148

 B. If you fail to answer this Petition within twenty (20) days, you are warned that the case may proceed without you and the TLD will request that the Hearing Officer issue a Declaratory Judgment in this matter.

 C. If you file an Answer which admits or fails to deny the allegations of the Petition, the TLD will request that the Hearing Office issue a Declaratory Judgment in this matter.

 D. If you file an answer which contests the Petition, the matter will be assigned to a Hearing Officer for hearing and decision.

 E. You have the right to be represented by an attorney and it is recommended that you consult with one.

VINCE J. FENERTY, Jr., 
Executive Director

[Pa.B. Doc. No. 12-349. Filed for public inspection February 24, 2012, 9:00 a.m.]