Service of Notice of Motor Carrier Formal Complaints [45 Pa.B. 1475]
[Saturday, March 21, 2015]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 6, 2015, and must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Lifestar Response of NJ—Lifestar Response Corp.;
Doc. No. C-2015-2441917COMPLAINT 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 Prosecutory Staff hereby represents as follows:
1. That Lifestar Response of NJ—Lifestar Response Corp., Respondent, maintains its principal place of business at 657 Union Boulevard, Totowa, NJ 07512.
2. That Respondent was issued a certificate of public convenience by this Commission on April 13, 2011 at Application Docket No. A-2194049.
3. That Respondent, on September 3, 2014, at 600 S. Wycombe Avenue, Lansdowne, Delaware County, PA, presented a 2012 Ford E-250 bearing license No. ZCB8382 and Vehicle Identification No. 1FTNE2EW2CDA44062.
4. That the vehicle described in paragraph 3 was inspected on the date specified by PUC Enforcement Officer John Allen and the following violation was disclosed:
Information from the trip sheet reveals that Respondent was contracted to transport passenger/s from 600 S. Wyncombe Avenue, Lansdowne, Delaware County, PA to 14 Lincoln Avenue, Lansdowne, Delaware County, PA. By providing transportation between the above listed points the carrier provided transportation in the territory not authorized by this Commission.
5. That Respondent, on August 27, 2014, at 380 Oxford Valley Road, Langhorne, Bucks County, PA, presented a 2010 Ford truck bearing license No. ZCB7407 and Vehicle Identification No. 1FTNE2EW4CDA38795.
6. That the vehicle described in paragraph 5 was inspected on the date specified by PUC Philadelphia District Office Supervisor Anthony Bianco and the following violations were disclosed:
(a) No PUC Consumer complaint decal observed in vehicle.
(b) Information from the trip sheet reveals that Respondent was contracted to transport passenger/s from Langhorne, Bucks County, PA to another location in Langhorne, Bucks County, PA. By providing transportation between the above listed points the carrier provided transportation in the territory not authorized by this Commission.
7. That Respondent, on August 25, 2014, at 1300 Wolf Street, Philadelphia, Philadelphia County, PA, presented a 2013 Ford E-250 bearing license No. ZPD4867 and Vehicle Identification No. 1FTNE2EW4DDA62323.
8. That the vehicle described in paragraph 7 was inspected on the date specified by PUC Enforcement Officer John Allen and the following violation was disclosed:
Information from three completed trip sheets reveals that Respondent was contracted to transport passenger/s from one point in Philadelphia, Philadelphia County, PA to another point within Philadelphia, Philadelphia County, PA. By providing transportation between the above listed points the carrier provided transportation in the territory not authorized by this Commission.
9. That Respondent, on August 22, 2014, at 1300 Wolf Street, Philadelphia, Philadelphia County, PA, presented a 2013 Ford E-250 bearing license No. ZPD4872 and Vehicle Identification No. 1FTNE2EW0DDA62321.
10. That the vehicle described in paragraph 9 was inspected on the date specified by PUC Enforcement Officer John Allen and the following violations were disclosed:
Information from completed trip sheets reveals that Respondent was contracted to transport passenger/s from 2115 South 4th Street to Wolf and South Broad Street. By providing transportation between the above listed points the carrier provided transportation in the territory not authorized by this Commission.
11. That Respondent, on September 8, 2014, at 1480 Oxford Valley Road, Langhorne, Bucks County, PA, presented a 2012 Ford Truck bearing license No. ZCB7404 and Vehicle Identification No. 1FTNE2EW0CDA16695.
12. That the vehicle described in paragraph 5 was inspected on the date specified by PUC Philadelphia District Office Supervisor Anthony Bianco and the following violations were disclosed:
(a) No PUC Consumer complaint decal observed in vehicle.
(b) Information from the trip sheet reveals that Respondent was contracted to transport passenger/s from Langhorne, Bucks County, PA to a location in Yardley, Bucks County, PA. By providing transportation between the above listed points the carrier provided transportation in the territory not authorized by this Commission.
13. That Respondent, by failing to display a Commission-issued complaint decal on the vehicles violated Pa. Code 52 § 29.356. The penalty is $50 per violation for a total penalty of $100.
14. That Respondent, by rendering service within the Commonwealth of Pennsylvania other than that authorized by its certificate of public convenience, violated the Public Utility Code 66 Pa.C.S. § 1102. The penalty is $500 per violation per day for each vehicle for a total penalty of $2,500.
Wherefore, the Bureau of Investigation and Enforcement Prosecutory Staff hereby requests that the Commission fine Lifestar Response of NJ—Lifestar Response Corp. the sum of two thousand and six hundred dollars ($2,600) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, 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: 2/4/2015
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and En-
forcementNOTICE 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
P. O. Box 3265
Harrisburg, PA 17105-3265Or may be sent by overnight delivery to:
400 North Street, 2nd Floor
Harrisburg, PA 17120Additionally, please serve a copy on:
Wayne T. Scott, Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, e-mail to Mr. Scott at: 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. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be 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 your 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 Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.
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 Bureau of Investigation and Enforcement at (717) 783-3847.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Equal Transportation; Doc. No. C-2015-2456203 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 Prosecutory Staff hereby represents as follows:
1. That Equal Transportation, Respondent, maintains its principal place of business at 4642 Naples Street, Philadelphia, Pennsylvania, 19124.
2. That Respondent was issued a certificate of public convenience by this Commission on January 11, 2006 at Application Docket No. A-00121517.
3. That on November 19, 2014, PUC Enforcement Officer John Allen attempted to contact listed owner Edward Williams regarding a 2015 annual inspection. Attempts were made by phone and in person at 3 locations listed as possible contact addresses for the carrier. Officer Allen was not able to locate the owner by any method.
5. That Respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service.
6. That respondent, by failing to furnish adequate, efficient, and safe service and facilities within 30 days after receipt of a certificate and by not reporting an interruption of service for more than 48 hours with a cause of interruption, violated 52 Pa. Code § 29.61 and § 29.62.
Wherefore, the Bureau of Investigation and Enforcement Prosecutory Staff hereby requests that the Commission issue an Order which revokes the Certificate of Public Convenience held by respondent at Docket No. A-2004-00121517.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, 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: 2/3/2015
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and En-
forcementNOTICE 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
P. O. Box 3265
Harrisburg, PA 17105-3265Or may be sent by overnight delivery to:
400 North Street, 2nd Floor
Harrisburg, PA 17120Additionally, please serve a copy on:
Wayne T. Scott, Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, e-mailed to Mr. Scott at: 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. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be 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 your 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 Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.
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 Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Starcity Moving, LLC; Doc. No. C-2015-2456224 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 Prosecutory Staff hereby represents as follows:
1. That Starcity Moving, LLC, Respondent, maintains a principal place of business at 441 N 5th Street, Suite 310, Philadelphia, Pennsylvania, 19123.
2. That Respondent was issued a certificate of public convenience by this Commission on November 14, 2013, at Application Docket No. A-2012-2336383 for household goods authority.
3. That Respondent's operating rights were suspended on October 3, 2014, for failure to maintain evidence of insurance on file with this Commission. Evidence of insurance was filed on December 2, 2014, which indicated insurance coverage was effective November 18, 2014. Therefore, there was a lapse of insurance coverage from October 3, 2014 through November 17, 2014.
4. On January 2, 2015, PUC Enforcement Officer John Allen traveled to Respondent's place of business and requested trip sheets from owner Dean Laster for the above time period. Respondent provided the only trip sheet from the period of October 3, 2014 through November 17, 2014. The log revealed that the Respondent permitted its vehicle to be operated during the time period of the lapse of insurance coverage.
5. That Respondent, by permitting its vehicle to be operated while under suspension, violated 52 Pa. Code § 32.2 and § 32.11 and 66 Pa.C.S. § 501(c), in that it failed to observe, obey and comply with a Commission regulation or order, and the terms and conditions thereof. The penalty for this violation is $1,000 for each day respondent operated during the suspension and cancellation of the certificate of public convenience.
Wherefore, the Bureau of Investigation and Enforcement Prosecutory Staff hereby requests that the Commission fine Starcity Moving, LLC., the sum of one thousand dollars ($1,000) for the illegal activity described in this Complaint and cancellation of the certificate of public convenience at A-2012-2336383.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, 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: 2/3/2015
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and En-
forcementNOTICE 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
P. O. Box 3265
Harrisburg, PA 17105-3265Or may be sent by overnight delivery to:
400 North Street, 2nd Floor
Harrisburg, PA 17120Additionally, please serve a copy on:
Wayne T. Scott, Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, e-mailed to Mr. Scott at: 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. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be 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 your 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 Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.
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 Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Citilink Transportation, LLC; Doc. No. C-2015-2465344 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 Sec-tion 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That all authority issued to Citilink Transportation, LLC, (respondent) is under suspension effective January 04, 2015 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 148 East Street Road, Site # 325, Feasterville, PA 19020.
3. That respondent was issued a Certificate of Public Convenience by this Commission on January 29, 2009, at A-00123375.
4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Investigation and Enforcement'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 or files an answer in compliance with the attached notice and/or 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 Investigation and Enforcement will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at A-00123375 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,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, Chief, Motor Carrier Enforcement, Bureau of Investigation and Enforcement, 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: 2/3/2015
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and En-
forcementNOTICE A. You must file an Answer within 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, 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:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
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 fine proposed in this Complaint by certified check or money order within twenty (20) days of the date of service of this Complaint. Acord certificates of insurance and faxed form Es and Hs are unacceptable as evidence of insurance.
The proof of insurance must be filed with the:
Compliance Office, Bureau of Technical Utility
Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Payment of the fine must be made to the Commonwealth of Pennsylvania and should be 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 upon receipt of your payment, the Complaint proceeding shall be closed.
D. If you file an Answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request the Commission to issue an Order imposing the penalty set forth in this Complaint.
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 penalty set forth in the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
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. 15-541. Filed for public inspection March 20, 2015, 9:00 a.m.]
