Service of Notice of Motor Carrier Applications [40 Pa.B. 1847]
[Saturday, April 3, 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 April 19, 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.
Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.
A-2010-2165808. Caribbean Car and Limousine Services, LLC, t/a Caribbean Car Service & Limousine (2034 Franklin Place, Wyomissing, Reading County, PA 19610)—persons, upon call or demand, in the County of Berks.
Application 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 the application.
A-2010-2164865. J & J Leasing & Rentals, Inc., d/b/a Anytime-Airport-Taxi by J & J Luxury Transportation (445 Business Park Lane, Allentown, PA 18109) a corporation of the Commonwealth, for the additional right to begin to transport, as a common carrier, by motor vehicle, persons, upon call or demand, to and or from points within Lehigh and Northampton Counties.
Application 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 the application.
A-2010-2165282. Brandon M. Hescox, d/b/a Hescox Moving Services (801 North 6th Street, Bellwood, PA 16617) for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use, between points in the Counties of Blair and Centre, and from points in said Counties, to points in Pennsylvania: So As To Permit the transportation of household goods in use: between points within the Counties of Blair and Centre, and from points within Blair and Centre Counties to points in Pennsylvania, and vice versa.
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-2010-2165273. Gene Leman, t/a Slate Belt Transit (660 Ridge Road, Bangor, Northhampton County, PA 18013) for the discontinuance of service and cancellation of its certificate, as a common carrier, by motor vehicle, authorizing the transportation of persons, in paratransit service, from points in the Borough of Bangor, Northhampton County, to points in Pennsylvania, and return.
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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Tangara, Inc.;
Doc. No. C-2010-2155421COMPLAINT 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 Tangara, Inc., respondent, maintains its principal place of business at 3360 Chichester Avenue, Apt. P 10, Boothwyn, PA 19061.
2. That Respondent was issued Certificates of Public Convenience by this Commission on December 6, 1995, at Application Docket No. A-00112471, F.1, on August 18, 1998, at Application Docket No. A-00112471, F.2, and on December 4, 2001, at Application Docket No. A-00112471, F.5.
3. That on December 20, 2007, Respondent received an initial assessment of $72.00. On August 1, 2008, the Commission waived $24.00 of Respondent's initial assessment. On August 29, 2008, Respondent received an initial assessment of $74.00, and on September 9, 2009, Respondent received an initial assessment of $59.00. Respondent failed to pay these assessments, as well as the remainder of its 2007 assessment; therefore, a balance was due in the amount of $181.00.
4. That Respondent has an outstanding assessment of $181.00.
5. That Respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).
6. That Respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).
Wherefore, unless Respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which cancels the Certificates of Public Convenience issued to Respondent, notifies the Department of Revenue that Respondent's Certificates of Public Convenience have been revoked, notifies Respondent's insurance carrier that Respondent's Certificates of Public Convenience have been revoked, and imposes an additional fine on the Respondent.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Wendy J. Keezel, 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 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: ______ _________________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforce ment
Bureau of Transportation and SafetyNOTICE A. You must file an Answer within twenty 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 copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty days, 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 Certificates of Public Convenience, or any other remedy as may be appropriate.
C. You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 the Commission to issue an Order imposing a penalty (see Paragraph B). Should the Commission cancel your Certificates 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 penalty set forth in Paragraph B.
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.
JAMES J. McNULTY,
Secretary[Pa.B. Doc. No. 10-627. Filed for public inspection April 2, 2010, 9:00 a.m.]
