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PA Bulletin, Doc. No. 07-144

NOTICES

Service of Notice of Motor Carrier Applications

[37 Pa.B. 501]
[Saturday, January 27, 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 February 20, 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-00123405. Luis A. Escobar (1820 Oakmont Street, Philadelphia, Philadelphia County, PA 19111)--persons in limousine service, from points in the Counties of Delaware, Chester, Bucks and Montgomery, to points in Pennsylvania, and return.

   A-00123406. Afton Limousine Service, LLC (10 North Main Street, Yardley, Bucks County, PA 19067)--a limited liability company of the Commonwealth--persons in limousine service, from points in the Counties of Bucks and Montgomery, to points in Pennsylvania, and return. Attorney: Scott Fegley, Makefield Executive Center, Suite 402A, 301 Oxford Valley Road, Yardley, PA 19067.

   A-00123408. Robert Michael Sears, t/a Sears Luxury Transport (3 Driftwood Drive, Warren, Warren County, PA 16365-3379)--persons, in limousine service, from points in the Counties of Warren, Forest, McKean and Elk, to points in Pennsylvania, and return.

   A-00123352. Advantage Medical Transport, Inc. (5450 Derry Street Rear, Harrisburg, Dauphin County, PA 17111), a corporation of the Commonwealth--persons in paratransit service, in the City of Harrisburg, Dauphin County, and within an airline distance of 40 statute miles of the limits of said city, and from points in said territory to points in Pennsylvania, and return.

Applications 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 each application.

   A-00114058, F.2. Stacia H. Grove, t/d/b/a Central Pennsylvania Limousine Service (12451 High Point Road, Felton, York County, PA 17322)--additional right--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of York, Adams, Dauphin, Cumberland and Lancaster, to points in Pennsylvania, and return.

   A-00123154, F.2. Brandon Michael Mccandless, t/d/b/a Nite Train Limousine (520 Dellinger Road, Mt. Wolf, York County, PA 17347)--additional right--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of York, Lancaster and Dauphin, to points in Pennsylvania, and return.

Application of the following for approval to begin operating as contract carrier for transportation of persons as described under the application.

   A-00123240, F.2. Logisticare Solutions, LLC (1640 Phoenix Boulevard, Suite 200, Atlanta, GA 30349), a limited liability company of the State of Delaware--temporary authority--contract carrier--persons, who are Medicaid members residing in the City and County of Philadelphia, for the Department of Public Welfare, between points in the City and County of Philadelphia. Application for permanent authority appeared at 36 Pa.B. 6915 (November 11, 2006). Attorney: Barbara A. Darkes, P. O. Box 1166, Harrisburg, PA 17108-1166.

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

   A-00123240. Logisticare Solutions, LLC (1640 Phoenix Boulevard, Suite 200, Atlanta, GA 30349), a limited liability company of the State of Delaware--temporary authority--brokerage license--to arrange for the transportation of persons, who are Medicaid members residing in the City and County of Philadelphia, between points in Pennsylvania. Application for permanent authority appeared at 36 Pa.B. 6915 (November 11, 2006). Attorney: Barbara A. Darkes, P. O. Box 1166, Harrisburg, PA 17108-1166.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Grace Limo Service, Inc.; Doc. No. A-00116324C0601

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 Grace Limo Service, Inc., respondent, maintains its principal place of business at 2046 East Lehigh Avenue, Philadelphia, PA 19125.

   2.  That respondent was issued a certificate of public convenience by this Commission on October 26, 2000, at Application Docket No. A-00116324.

   3.  That respondent abandoned or discontinued service without having first filed an application with this Commission for abandonment or discontinuance of service. Respondent has not reported intrastate revenue for the years 2003, 2004 and 2005.

   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-00116324.

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

VERIFICATION

   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

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 an Order 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 an Order 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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-144. Filed for public inspection January 26, 2007, 9:00 a.m.]



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