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PA Bulletin, Doc. No. 03-545

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[33 Pa.B. 1555]

   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). Each protest should 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, on or before April 14, 2003. 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-0011962. E.M.T.S. Corporation (19 W. Water Street, Muncy, Lycoming County, PA 17756), a corporation of the Commonwealth--persons for Kramm Nursing Home, Kramm Healthcare Center, Riverwoods, Rolling Hills Manor and Zendt Home, between points in the Counties of Juniata, Northumberland and Union, and from points in said counties, to points in Pennsylvania, and return. Attorney: Christina M. Mellott, 5010 East Trindle Road, Suite 202, Mechanicsburg, PA 17050.

   A-00119624. Henry K. Umble t/d/b/a Umble Taxi Service (314 Highland Road, Atglen, Chester County, PA 19310)--persons in paratransit service, whose personal convictions prevent them from owing or operating motor vehicles, between points in the Counties of Chester and Lancaster, and from points in said counties, to points in Pennsylvania, and return.

   A-00119612. Betty B. Pearson and Luther L. Pearson t/d/b/a Pearson Shuttle Service (358 Pine Grove Road, Nottingham, Chester County, PA 19362)--persons in paratransit service, between points in the Counties of Chester and Lancaster, and from points in said counties, to points in Pennsylvania, and return, limited to the transportation of persons whose personal convictions prevent them from owning or operating motor vehicles.

Application 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 the application.

   A-00118809, Folder 1, Am-A. Carol J. Ahmed t/d/b/a Nittany Express Airport Shuttle (2526 Shingletown Road, State College, Centre County, PA 16801)--for amendment to common carrier certificate, which grants the right, to transport, by motor vehicle, persons in airport transfer service, from points in the Borough of State College, Centre County, to the University Park Airport located in the Township of Benner, Centre County: So As To Permit the transportation of persons in airport transfer service, from points in the Counties of Allegheny, Blair, Cambria, Centre, Dauphin, Huntingdon, Jefferson, Lycoming and Philadelphia, to the University Park Airport located in Benner Township, Centre County.

Applications of the following for the approval of the transfer of stock as described under each application.

   A-00115789, F. 5000. Adamo Limousine, LTD (P. O. Box 3357, Easton, Northampton County, PA 18045), a corporation of the Commonwealth--for the approval of the transfer of 100 shares of issued and outstanding shares held by John Adam Parr to Randall A. Weston. Attorney:  Michael W. Hassell, One Commerce Square, 417 Walnut Street, Harrisburg, PA 17101-1904.

   A-00118815, F. 5000. Eastern Trans., Inc. (P. O. Box 1853, Southeastern, Chester County, PA 19399), a corporation of the Commonwealth--stock transfer--for the approval of the transfer of all of the issued and outstanding 100 shares of stock from Inna Friedman to Walter Mirons.

Application of the following for approval of the right to begin to operate as a broker for the transportation of persons as described under the application.

   A-00119620. Champ Services, Inc. (4601 Wellington Drive, Bensalem, Bucks County, PA 19020), a corporation of the Commonwealth--brokerage license--to arrange for the transportation of persons, between points in Pennsylvania.

Application of the following for amendment to the certificate of public convenience 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-00097168, Folder 2, Am-B. H. E. Rohrer, Inc. t/d/b/a Rohrer Bus Service (P. O Box 100, 1515 State Road, Duncannon, Perry County, PA 17020), a corporation of the Commonwealth--discontinuance of service--(1) persons and hand baggage, on a scheduled route between Selinsgrove, Snyder County, and Sunbury, Northumberland County, via Hummels Wharf, Rolling Green Park, Shamokin Dam, Snyder County. Additional Rights: beginning at the intersection of Third and Market Streets in the City of Sunbury, Northumberland County, thence east on Market Street to Hass Avenue, thence south on Hass Avenue to east end of Susquehanna Silk Mills and returning via same route to place of beginning; beginning at the intersection of Third and Market Streets in the City of Sunbury, Northumberland County, thence east on Market Street to Tenth Street, thence south on Tenth Street to Lenker Avenue, thence east on Lenker Avenue to west end on Susquehanna Silk Mills. Additional Right: to operate service as an extension of its presently authorized service in the City of Sunbury, over the following route: beginning at the intersection of Third and Market Streets in the City of Sunbury, thence over streets in the said city to the H.D. Bob Shirt Factory, and return; (2) persons from points in the certificate holder's presently certificated route south of Penn Street in the City of Sunbury, Northumberland County, to the plant of the Westinghouse Electric and Manufacturing Company in the said city, and vice versa; beginning at Market Street, thence via Front Street, Julia Street and Susquehanna Avenue to the said plant and returning via Front Street; provided that the right is granted to issue transfers with the S. & N. Transit Co. at the Public Square in the City of Sunbury for transportation to and from said plant; (3) persons on schedule, over the following alternate route in the City of Sunbury, Northumberland County; beginning at the intersection of Front and Bainbridge Streets, thence via Bainbridge Street to Second Street, thence via Second Street to Market Street; beginning at the intersection of Front and Walnut Streets, thence via Walnut Street to Lenker Avenue; beginning at the intersection of Front and Chestnut Streets, thence via Chestnut Street to Woolverton Street, thence via Woolverton Street to Tenth Street, thence via Tenth Street to Penn Street, thence via Tenth Street to Penn Street, thence via Penn Street to Lenker Avenue, thence via Lenker Avenue to Miller Street, thence via Miller Street to the plant of the Susquehanna Silk Mill Company; beginning at the intersection of Walnut Street and Fourth Street, thence via Fourth Street to Market Street; beginning at the intersection of Market Street and Woolverton Street thence via Woolverton Street to Tenth Street; right (3) subject to the following condition: that the rights powers and privileges herein granted shall include the right to render through service between points on the previously described alternate routes and points on the certificate holder's presently certificated routes without the change of buses; (4) persons over an alternate route: beginning at the intersection of Highway Route 11 and the western end of the Bainbridge Street Bridge, thence continuing on Highway Route 11 as relocated, to its intersection with Old Highway Route 11 at the north end of the bridge crossing Penn's Creek; right (4) subject to the following condition: that the rights herein granted shall include the right to render through service between points on the alternate route and points on the applicant's presently certificated route between the Borough of Selinsgrove, Snyder County, and the City of Sunbury, Northumberland County; (5) persons and hand baggage over the following routes: Alternate Route: beginning at the intersection of Market Street and Mill Street in the Borough of Selinsgrove, thence on Mill Street, Orange Street and Pine Street to the terminal at Market Street, thence continuing on Market Street, Mill Street, Orange Street and U.S. Highway Route 522 to its intersection with U.S. Highway Route 11 (15), thence returning on U.S. Highway Route 522 to Orange Street, thence on Orange Street: Spur Routes (in either direction): beginning at the intersection of Market and Pine Streets, thence on Pine Street to Susquehanna University; beginning at the intersection of Pine and High Streets, thence on High Street and Bough Street to an alley at Groce's Silk Mill, thence via said alley, Sassafras Street and High Street to Pine Street, the place of beginning; beginning at the intersection of Market and Pine Streets, thence on Market Street and Township Road 393 to the Selinsgrove Fairgrounds; and (6) persons employed at the Selinsgrove State School in the Borough of Selinsgrove, Snyder County, from the Boroughs of Montandon and Milton, Northumberland County, Lewisburg and Mifflinburg, Union County, Middleburg and Beavertown, Snyder County, and the Villages of Kratzerville, Kreamer and Kantz, Snyder County, to the said school, and vice versa.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Community Cab Co., Inc.; Doc. No. A-00109270C02

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 Community Cab Co., Inc., respondent, maintains its principal place of business at 2 Bala Plaza #716, Bala Cynwyd, PA 19004-1501.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 5, 1990, at Docket No. A-00109270.

   3.  That, on August 25, 2000, respondent was sent an initial assessment of $55. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $55.

   4.  That respondent has an outstanding assessment of $55. Furthermore, respondent does not have current evidence of insurance on file with this Commission.

   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).

   7.  That respondent, by failing to maintain evidence of insurance on file with this commission, violated 52 Pa. Code §§ 32.2 and 32.11.

   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 a Secretarial Letter which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked and (5) imposes an additional fine on the respondent.

Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   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 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:  ______
_________________
Michael E. Hoffman, Director

NOTICE

   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 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter 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 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:

Administrative Services,
Attention Steve Reed
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   D.  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 a Secretarial Letter imposing a penalty (see Paragraph B). 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 penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-6190.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. H. P. Redick; Doc. No. A-00089089C02; A-00089089

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 H. P. Redick, respondent, maintains its principal place of business at R.D. 2, Clarion, PA 16214.

   2.  That respondent was issued a certificate of public convenience by this Commission on August 17, 1962, at Application Docket No. A-00089089.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 1999, 2000 and 2001.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) 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-00089089.

Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   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 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:  ______
_________________
Michael E. Hoffman

NOTICE

   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). 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 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 days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  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 a Secretarial Letter imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at 717-787-1168.

Complaint

A-00067250C0202

A-00067250
Fs. 2, 19 & 21

MATLACK INC
PO BOX 8789
WILMINGTON, DE 19899

Re: Matlack, Inc.

Dear Respondent:

On December 19, 2002, the Bureau of Transportation and Safety instituted a Complaint against Matlack, Inc., respondent, alleging failure to pay outstanding assessments of $14,298 for the fiscal years 2001 & 2002, a violation of the Public Utility Code at 66 Pa.C.S. § 510(c).

In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that it must file an Answer to the Complaint within twenty days of the date of service. The Notice further specified that, if respondent failed to answer the Complaint within twenty days, the Bureau of Transportation and Safety would request the Commission issue an order cancelling respondent's Certificate of Public Convenience, directing the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations and notifying the Pennsylvania Department of Revenue and respondent's insurance carriers that respondent's Certificate is revoked.

The Complaint was served on respondent on December 30, 2002. To date, more than twenty days later, respondent has failed to file an Answer to the Complaint.

Therefore, the allegations in the Complaint are deemed to be admitted. The Complaint is hereby sustained and the Certificate of Public Convenience, issued to respondent at A-00067250 Fs. 2, 19 & 21, is hereby cancelled.

Furthermore, this Commission will put an administrative hold on respondent's vehicle registrations. Respondent will NOT be able to register any new vehicles or renew any existing vehicle registrations until all past due assessments are paid, all past due fines are paid, all insurance filings are up to date, and it holds an active Certificate of Public Convenience issued by this Commission.

This Secretarial Cancellation Letter will also be served on:

The Department of Revenue
Bureau of Audit Programs
Sales and Use Taxes
Tenth Floor, Strawberry Square
Harrisburg, PA 17128-1061

and on respondent's insurance carriers:

Zurich American Insurance Company
1818 Market St., Suite 3203
Philadelphia, PA 19103

Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.

Should respondent wish to again begin transportation operations in the Commonwealth of Pennsylvania, respondent must file a new application for authority in order to obtain a Certificate of Public Convenience. The respondent must pay all outstanding assessments and fines before this Commission will act on an application for authority. Payment must be made by certified check or money order payable to the Pa. Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.

Very truly yours,
James J. McNulty
Secretary

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. J. Falbo Italian Cheese Co., Inc.; Doc. No. A-00112881C0202; A-00112881, F. 2S.

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 S. J. Falbo Italian Cheese Co., Inc., respondent, maintains its principal place of business at 9 Empire Blvd., Moonachie, NJ 07074.

   2.  That respondent was issued a certificate of public convenience by this Commission on August 18, 1997 at Application Docket No. A-00112881, F. 2.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 1999, 2000 and 2001.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) 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 S. J. Falbo Italian Cheese Co., Inc.'s Certificate of Public Convenience at A-00112881, F. 2.

Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   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 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:  ______
_________________
Michael E. Hoffman

NOTICE

   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). 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 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 days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  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 a Secretarial Letter imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at 717-787-1168.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Pave-Rite, Inc.; Doc. No. A-00113706C0201; A-00113706

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Common-wealth 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 Pave-Rite, Inc., respondent, maintains its principal place of business at 819 High Plain Drive, Bel Air, MD 21014.

   2.  That respondent was issued a certificate of public convenience by this Commission on April 4, 1997 at Application Docket No. A-00113706.

   3.  That respondent abandoned or discontinued service without having first submitted a letter to this Commission containing a statement that the service is no longer being rendered. Respondent has not reported intrastate revenue for the years 1999, 2000 and 2001.

   4.  That respondent, by failing to submit a letter to this Commission containing a statement that the service is no longer being rendered, violated 52 Pa. Code § 3.381(a)(5) 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 Pave-Rite, Inc.'s Certificate of Public Convenience at A-00113706.

Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   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 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:  ______
_________________
Michael E. Hoffman

NOTICE

   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). 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 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 days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  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 a Secretarial Letter imposing a penalty, which may include the revocation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at 717-787-1168.

Complaint

A-00116785C0202

A-00116785
F.2

WORLDWIDE DEDICATED SERVICES INC
990 HAMMOND DRIVE
SUITE 400
ATLANTA GA 30328

Re:  Worldwide Dedicated Services, Inc.

Dear Respondent:

On December 31, 2002, the Bureau of Transportation and Safety instituted a Complaint against Worldwide Dedicated Services, Inc., respondent, alleging failure to pay outstanding assessments of $14,462 for the fiscal year 2002, a violation of the Public Utility Code at 66 Pa.C.S. § 510(c).

In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that it must file an Answer to the Complaint within twenty days of the date of service. The Notice further specified that, if respondent failed to answer the Complaint within twenty days, the Bureau of Transportation and Safety would request the Commission issue an order cancelling respondent's Certificate of Public Convenience, directing the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations and notifying the Pennsylvania Department of Revenue and respondent's insurance carriers that respondent's Certificate is revoked.

The Complaint was served on respondent on January 6, 2003. To date, more than twenty days later, respondent has failed to file an Answer to the Complaint.

Therefore, the allegations in the Complaint are deemed to be admitted. The Complaint is hereby sustained and the Certificate of Public Convenience, issued to respondent at A-00116785 F.2, is hereby cancelled.

Furthermore, this Commission will put an administrative hold on respondent's vehicle registrations. Respondent will NOT be able to register any new vehicles or renew any existing vehicle registrations until all past due assessments are paid, all past due fines are paid, all insurance filings are up to date, and it holds an active Certificate of Public Convenience issued by this Commission.

This Secretarial Cancellation Letter will also be served on:

The Department of Revenue
Bureau of Audit Programs
Sales and Use Taxes
Tenth Floor, Strawberry Square
Harrisburg, PA 17128-1061

and on respondent's insurance carriers:

American Home Assurance Company
70 Pine Street
New York, NY 10270

Liberty Mutual Fire Insurance Company
175 Berkeley St.
Boston, MA 02110

Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.

Should respondent wish to again begin transportation operations in the Commonwealth of Pennsylvania, respondent must file a new application for authority in order to obtain a Certificate of Public Convenience. The respondent must pay all outstanding assessments and fines before this Commission will act on an application for authority. Payment must be made by certified check or money order payable to the Pa. Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.

Very truly yours,
James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 03-545. Filed for public inspection March 21, 2003, 9:00 a.m.]



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