NOTICES

Service of Notice of Motor Carrier Applications

[37 Pa.B. 5232]
[Saturday, September 22, 2007]

   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 15, 2007. 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-00124080.  Lehigh Valley Medical Transportation and Consulting, Inc. (6080 Stone Post Road, Bath, Northampton County, PA 18014), a corporation of the Commonwealth--persons in paratransit service, from points in the Counties of Berks, Bucks, Lehigh and Northampton, to points in Pennsylvania, and return.

   A-00124081.  Premier Limo, Inc. (40 Maple Avenue, Williamsport, Lycoming County, PA 17701), a corporation of the Commonwealth--persons in limousine service, between points in Pennsylvania; which is to be a transfer of all the rights authorized under the certificate issued at A-00117432 to In Disguise, LLC, subject to the same limitations and conditions. Attorney: Anthony J. Grieco, 125 East Third Street, Williamsport, PA 17701.

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 persons by transfer of rights as described under the application.

   A-00124069.  Arnold Fire-EMS of Arnold, PA (P. O. Box 3015, 1809 Fifth Avenue, Arnold, Westmoreland County, PA 15068), a corporation of the Commonwealth--persons in paratransit between points in the Cities of Arnold, Lower Burrell and New Kensington, all located in Westmoreland County, and from points in said cities, and the County of Allegheny to points in Pennsylvania, and vice versa; subject to the following conditions: (1) That service is limited to the use of vehicles modified to handle wheelchairs, and operated by a licensed ambulance service; (2) That service is limited to equipment operated only by State certified emergency medical technicians or paramedics; (3) That service is limited to the transportation of persons who are nonambulatory, or persons who, due to chronic or acute physical or mental conditions, require pretrip preparations such as assistance in being dressed or lifted or medical monitoring, or the use of medical appliances or equipment, or a medical escort during transit; (4) That no right, power or privilege is granted to provide service under written agreements with the Department of Transportation, the Department of Public Welfare, the Area Agency on Aging, and the Westmoreland County Transit Authority, with the exception of service performed under a verbal request by such agencies and subject to all of the other restrictions set forth herein where transportation by alternative carriers is either impractical or may be detrimental to the patient's health or medical condition; and (5) That service can only be provided if the persons transported requires assistance in entering the person's residence; which is to be a transfer of all the right authorized under the certificate issued at A-00117205 to Arnold Volunteer Ambulance Service, t/d/b/a Arnold Specialty Coach, subject to the same limitations and conditions.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Sherman Howard; Doc. No. A-00121525C0702

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 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 Sherman Howard, respondent, maintains his principal place of business at P. O. Box 21771, Philadelphia, PA 19146.

   2.  That respondent was issued a certificate of public convenience by this Commission on October 25, 2005, at Application Docket No. A-00121525.

   3.  That respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service. That on January 19, 2006, respondent filed a request for a voluntary suspension, which was granted until November 29, 2006. The voluntary suspension letter stated that ''If you do not notify the Commission of your intention to resume operations on or before November 29, 2006, a complaint for abandonment of service will be instituted against you.'' Respondent failed to notify this Commission of his intent to resume operations. Additionally, respondent's insurance expired on November 29, 2005. Respondent has not filed evidence of insurance.

   4.  That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00121525.

Respectfully submitted,

Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265l
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 Bureau will 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

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 and three (3) copies sent to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty (20) 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 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 notifying the Commission of your intent to resume operations within thirty (30) days and by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty (20) days of date of service of this Complaint. The proof of insurance must be filed with the:

Compliance Office, Bureau of Transportation
   and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   Upon receipt of the evidence of insurance from your insurer, and notification of your intent to resume operations within thirty (30) days, the Complaint shall be closed. Acord Certificates of Insurance and Faxed Form E's and Form H's are Unacceptable as Evidence of Insurance.

   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 you 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.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

Pennsylvania Public Utility Commission v. Buckley Contracting; Doc. No. C-20077845

Dear Sirs:

   On June 13, 2007, the Bureau of Transportation and Safety instituted a complaint against Buckley Contracting, respondent, alleging that respondent transported property for compensation between points in the Commonwealth of Pennsylvania, without holding a certificate of public convenience issued by this Commission, a violation of 66 Pa.C.S. § 1101.

   Respondent was duly notified that, if no answer was filed within twenty (20) days from the date of service of the complaint, that either admitted or failed to deny the allegations of the complaint, the penalty would be imposed.

   The complaint and notice were sent by certified mail on June 13, 2007, and returned ''unclaimed''. On July 11, 2007, the complaint and notice were sent by first class mail; and to date, more than thirty (30) days later; no response has been received.

   Therefore, the allegations in the complaint are admitted and the complaint is sustained.

   Respondent, within twenty (20) days from the date of the service of this letter, shall pay a fine of one thousand dollars ($1,000.00) by certified check or money order payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315, shall cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq., and the Regulations of this Commission, 52 Pa. Code §§ 1.1, et seq.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-1780. Filed for public inspection September 21, 2007, 9:00 a.m.]

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