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PA Bulletin, Doc. No. 02-1621

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[32 Pa.B. 4559]

   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 October 7, 2002, as set forth at 52 Pa. Code § 3.381 (relating to the applications for the transportation of property, household goods in use 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 amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under each application.

   A-00107469, Folder 1, Am-A. James Joyce t/d/b/a J's Executive Limousine Service (3840 Delco Road, Pittsburgh, Allegheny County, PA 15227)--persons in limousine service, between points in Pennsylvania: So As to Permit the transportation of persons in limousine service, between points in Allegheny County. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

   A-00117472, Folder 2, Am-A. Alpha & Omega Transportation, Inc. (1004 5th Avenue, Coraopolis, Allegheny County, PA 15108), a Pennsylvania corporation--persons in limousine service, between points in Pennsylvania: So As to Permit the transportation of persons in limousine service, between points in Allegheny County. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.

   A-00117049, Folder 1, Am-A. Paul K. Brown t/d/b/a Professional Limousine Service (P. O. Box 99531, Pittsburgh, Allegheny County, PA 15233), a Pennsylvania corporation--persons in limousine service, between points in Pennsylvania: So As to Permit the transportation of persons in limousine service, between points in Allegheny County.

September 14, 2002

C & J MARKETING CONSULTANTS LTD
TA TROLLEY EXPRESS
609 MORGAN DRIVE EAST SUITE 101
COATESVILLE PA 19320

Pennsylvania Public Utility Commission
                  v.
C & J Marketing Consultants, Ltd., t/a Trolley Express
A-00113851C0201
A-00113851

Dear Respondent:

   On March 11, 2002, the Bureau of Transportation and Safety instituted a complaint against C & J Marketing Consultants, Ltd., t/a Trolley Express, alleging respondent abandoned or discontinued service without having submitted a letter to this Commission containing a statement that the service is no longer being rendered.

   Respondent was duly notified that, if an answer was not filed within twenty (20) days of receipt of the complaint, the Bureau of Transportation and Safety would request that the Commission enter an order imposing a penalty.

   The complaint was published in the Pennsylvania Bulletin, Vol. 32, No. 23, on June 8, 2002; and, more than thirty (30) days later, no response has been received from respondent.

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

   The certificate of public convenience held by C & J Marketing Consultants, Ltd., t/a Trolley Express at A-00113851 is hereby revoked and respondent shall cease and desist from further violations of the Public Utility Code, 66 Pa. Code §§ 101, et seq. and the regulations of this Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of the 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 ormoney 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. Grace Transportation Services; Doc. No. A-00111925C0201; A-00111925

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 Grace Transportation Services, respondent, maintains its principal place of business at P. O. Box 24999, Greenville, SC 29616.

   2.  That respondent was issued a certificate of public convenience by this Commission on July 18, 1995 at Application Docket No. A-00111925.

   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 Grace Transportation Services' Certificate of Public Convenience at A-00111925.

                              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.

September 14, 2002

P G BOYER ENTERPRISE CORP
T/A YOUNGS LIMOUSINE SERVICE
228 NORTH MAIN STREET
SOUDERTON PA 18964

Pennsylvania Public Utility Commission
                  v.
P. G. Boyer Enterprise Corp., t/a Young's Limousine Service
A-00108003C0201
A-00108003

Dear Respondent:

   On March 11, 2002, the Bureau of Transportation and Safety instituted a complaint against P. G. Boyer Enterprise Corp., t/a Young's Limousine Service, alleging respondent abandoned or discontinued service without having submitted a letter to this Commission containing a statement that the service is no longer being rendered.

   Respondent was duly notified that, if an answer was not filed within twenty (20) days of receipt of the complaint, the Bureau of Transportation and Safety would request that the Commission enter an order imposing a penalty.

   The complaint and notice were published in the Pennsylvania Bulletin on June 8, 2002, Volume 32, No. 23; and, more than thirty (30) days later, no response has been received from respondent.

   Therefore, the allegations in the complaint are admitted and the complaint is sustained. The certificate of public convenience held by P. G. Boyer Enterprise Corp., t/a Young's Limousine Service at A-00108003 is hereby revoked and respondent shall cease and desist from further violations of the Public Utility Code, 66 Pa. Code §§ 101, et seq. and the regulations of this Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of the 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.

Very truly yours,

James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 02-1621. Filed for public inspection September 13, 2002, 9:00 a.m.]



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