NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[31 Pa.B. 6759]

   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 (Commission). Publication of this notice shall be considered as sufficient notice to all carriers holding authority from this Commission. Applications will be considered without hearing in the absence of protests to the application. Protests to the applications published herein are due on or before December 31, 2001, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protest shall also indicate whether it applies to the temporary authority application or the permanent application or both.

   Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.

   A-00118449.  Silver Spring Ambulance and Rescue Association, t/d/b/a Metro Med Services (P. O. Box 177, New Kingstown, Cumberland County, PA 17072), a corporation of the Commonwealth of Pennsylvania, persons in paratransit service, between points in the counties of Cumberland, Dauphin, Perry and York, and from points in said counties, to points in Pennsylvania, and return. Christie M. Mellott, 5002 Lenker Street, Suite 202, Mechanicsburg, PA 17055.

   A-00118453.  Albit Garcia, t/d/b/a Penn Central Taxi (1021 South Progress Avenue, Apt. R # 4, Harrisburg, Dauphin County, PA 17111)--persons upon call or demand, in the counties of Dauphin and Cumberland.

   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-00116247, F. 1, Am-A. Somerset Area Ambulance Association, Inc. (P. O. Box 615, Somerset, Somerset County, PA 15501), a corporation of the Commonwealth of Pennsylvania--persons in paratransit service: (1) to or from medical appointments, between points in the county of Somerset, and from points in said county, to points in the counties of Allegheny, Bedford, Blair, Cambria, Fayette and Westmoreland, and return. Subject to the following condition: that service is limited to the use of vehicles equipped with side opening door, ramps or lifts to handle wheelchairs; and (2) from points in the county of Somerset, to the Allegheny General Hospital in the county of Allegheny, and return: So as to Permit the transportation of persons in paratransit service, from points in the county of Somerset, to the facilities of The Western Pennsylvania Hospital in the county of Allegheny, and return. Attorney: William A. Gray, 2310 Grant Building, Pittsburgh, PA 15219.

   Applications 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 each application.

   A-00118447, F. 2. Vicki M. Cranston, t/d/b/a Vicki Cranston Services (15 Swamp Road, Newtown, Bucks County, PA 18940)--household goods, in use, between points in the city and county of Philadelphia, and the county of Bucks, and from points in said territory, to points in Pennsylvania, and vice versa.

   A-00118461.  Hector Vazquez, t/d/b/a Papolo's Moving & Shipping (324 Hill Street, Bethlehem, Northampton County, PA 18015)--to transport, as a common carrier, by motor vehicle, household goods, in use, for the Hispanic Community, between points in the county of Northampton, and from points in said county, to points in Pennsylvania, and, vice versa. Application for Temporary Authority has been filed at A-00118461, seeking the right previously cited.

   Application of the following for 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-00103025, F. 1- Am-A.  Jay A. Meck (5 Barr Avenue, Gordonville, Lancaster County, PA 17529)--discontinuance of service--persons, in paratransit service, between points in the county of Lancaster, and from points in said county to points in Pennsylvania, and return. Attorney: H. Charles Benner, 200 East Main Street, Leola, PA 17540.

Notice of Motor Carrier Applications--
Persons in Limousine Service

   The following applications for authority to transport persons in limousine service between points in Pennsylvania have been filed with the Commission. The applications will be considered without hearing in the absence of substantive protests limited to the issue of applicant fitness. Protests to these applications are due on or before December 31, 2001.

A-00118443	LaRue Limousine, LLC 17 Louella Court Wayne, PA 19087
	Attorney:  Mark D. Schaffer 1429 Walnut Street Suite 800 Philadelphia, PA 19102
A-00118446	Rachel Limo Services, Inc. #7 Mallard Pond Circle Newtown, PA 18940
A-00118448	Alexa Limo, Inc. 7811 Whitaker Avenue Philadelphia, PA 19111
A-00118450	All City Transportation, Inc. 6821 Norwitch Drive Philadelphia, PA 19153
A-00118451	Arista Limousine, Inc. 543 Jason Drive Southampton, PA 18966

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Dol-Jon, Inc.; Doc. No. A-00107755C01

Complaint

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania, empowered to regulate motor carriers and brokers within this 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 Dol-Jon, Inc., respondent, maintains a principal place of business at 7879 Talhelm Road, Chambersburg, PA 17201.

   2.  That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00107755.

   3.  That pursuant to Section 512 of the Public Utility Code, 66 Pa. C.S. § 512, and 52 Pa. Code Chapter 32; respondent is required to maintain evidence of current insurance on file with this Commission.

   4.  That respondent has failed to maintain evidence of bodily injury and property damage liability insurance and cargo insurance, in violation of the Public Utility Code and regulations cited in Paragraph 3 of this complaint.

   5.  That as a result of failure to maintain evidence of current insurance on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Secretary of the Commission revoke respondent's certificate of public convenience.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Secretary of the Commission revoke the certificate of public convenience held by Dol-Jon, Inc. at Docket No. A-00107755, for failure to maintain evidence of current insurance on file with the Commission.

Respectfully submitted,
Michael E. Hoffman, Acting 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 to Plead

   A.  You must file an answer within twenty (20) days of the date of service. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice to plead. 52 PA Code § 1.56(a). The answer must raise all factual and legal arguments that you wish to claim in your defense and must include the docket number of this Complaint. Your answer must be verified and the original and two (2) 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 of the date of service as identified in Paragraph A. above, the Bureau of Transportation and Safety will request that the Commission enter an order revoking your certificate of public convenience; contract carrier permit; or brokerage license or imposing such other remedy as may be appropriate.

   C.  In lieu of an answer, 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. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the proof of insurance from your insurer, the complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.

   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 that the Commission enter an order revoking your certificate of public convenience; contract carrier permit; or brokerage license.

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

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Thomas Novak, d/b/a Lee's Moving; Doc. No. C-20016179

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 Thomas Novak, d/b/a Lee's Moving, respondent, maintains his principal place of business at 1950 Hamilton Street, Allentown, PA 18102.

   2.  That, on the date of the violation alleged in this complaint, respondent did not hold a certificate of public convenience issued by this Commission.

   3.  That respondent's employee, on August 21, 2001, held out to provide transportation by giving an estimate to Enforcement Officer Ronald Schreibeck to move three rooms of furniture from Allentown to Bethlehem, Pennsylvania. Respondent quoted a price of two men at a rate of $65 per hour. When asked if respondent would supply the driver as a third man the rate went up to $75 per hour and if a fourth man is needed it would be $85 per hour. Respondent was warned in June 1998 that he could not provide transportation of household goods. Penalty is $500.

   4.  That respondent, in performing the act described in Paragraph 3 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that respondent held himself out to provide transportation of household good for compensation between points in the Commonwealth of Penn-sylvania while not then holding a certificate of public convenience issued by this Commission.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Thomas Novak, d/b/a Lee's Moving the sum of five hundred dollars ($500) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

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 (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). 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 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 Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your 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 either 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 (see B).

   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 in C, above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-2206. Filed for public inspection December 7, 2001, 9:00 a.m.]

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