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PA Bulletin, Doc. No. 02-2030

NOTICES

Service of Notice of Motor Carrier Applications

[32 Pa.B. 5598]

   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 2, 2002, as set forth at 52 Pa. Code § 3.381 (relating to the applications for transportation of property, household goods in use and persons). Each protest should 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-00119033. Nu Exodus, Inc. t/d/b/a J & W Airport Transportation (1425 Iroquois Drive, Pittsburgh, Allegheny County, PA 15205), a corporation of the Commonwealth of Pennsylvania--persons in limousine service between points in Allegheny County. Attorney:  Robin L. Rarie, Suite 100, 8150 Perry Highway, Pittsburgh, PA 15237.

   A-00110740, Folder 2. Guy Bertini t/d/b/a American Tiffany Limousine Service (472 Dennison Drive, West Mifflin, Allegheny County, PA 15122-3213)--persons in limousine service between points in Allegheny County.

   A-00119296. Charles J. McConville (312 Doubletree Drive, Venetia, Washington County, PA 15367)--persons in limousine service, between points in the Counties of Allegheny, Beaver, Butler, Fayette, Washington and Westmoreland, and from points in said counties, to points in Pennsylvania, and return.

   A-00119040. Marie A. Costanza t/d/b/a Costanza's Chauffeur Service (342 Toura Drive, Pittsburgh, Allegheny County, PA 15236)--persons in limousine service between points in the Counties of Allegheny, Beaver and Westmoreland, and from points in said counties, to points in Pennsylvania, and return.

   A-00119047. Augustus Reed, Jr. t/d/b/a Augustus Reed Jr. Limousine Service (1621 Old Beulah Road, Churchill, Allegheny County, PA 15235)--persons in limousine service between points in Allegheny County.

   A-00119034. David G. Marx, Sr. t/d/b/a Marx Limousine Service (1516 Orchlee Street, Pittsburgh, Allegheny County, PA 15212)--persons in limousine service between points in Allegheny County.

   A-00119038. Gary J. Marbella t/d/b/a Empire Limousine & Sedan Service (104 Malcolm Avenue, Pittsburgh, Allegheny County, PA 15212)--persons in limousine service between points in Allegheny County, and from points in said county, to points in Pennsylvania, and return.

   A-00119042. Ed Carter t/d/b/a Carter Limousine Service (380 Horizon Drive, Airside Business Park, Moon Township, Allegheny County, PA 15108)--persons in limousine service between points in Allegheny County. Attorney:  David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15210-3427.

   A-00119073. S. M. Finney Funeral Home Inc. (432 North 6th St., Clairton, Allegheny County, PA 15025), a Pennsylvania corporation--persons in limousine service, between points in the Counties of Allegheny, Beaver, Butler, Fayette, Washington and Westmoreland, and from points in said counties, to points in Pennsylvania, and return.

   A-00118279, Folder 2. John Chapman t/d/b/a Chapman's Limousine Service (3303 Iowa St., Pittsburgh, Allegheny County, PA 15219)--persons in limousine service, between points in Allegheny County. Attorney:  John A. Pillar, 680 Washington Rd., Suite B101, Pittsburgh, PA 15228.

   A-00114384, Folder 3. Herbert L. Joseph, II t/d/b/a Jeunne Noire Enterprises of Pennsylvania (432 Parkwood Road, Pittsburgh, Allegheny County, PA 15210)--persons in limousine service, between points in the County of Allegheny, and from points in said county, to points in Pennsylvania, and vice versa.

   A-00119026. Wayne A. Price t/d/b/a Wayne's Limo Service (32 Adrian Street, McKees Rocks, Allegheny County, PA 15136)--persons in limousine service, between points in the County of Allegheny.

   A-00119298. Carol A. Deberardinis t/d/b/a White Star Line (3831 Kelly Hollow Road, Monongahela, Allegheny County, PA 15063)--persons in limousine service, between points in the Counties of Washington, Allegheny and Westmoreland, and from points in said counties, to points in Pennsylvania, and return.

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-00112577, Folder 5, Am-B. Airport Limousine Service, Inc. t/d/b/a Airport Limousine Service & Embassy Coach (4001 Clairton Road, West Mifflin, Allegheny County, PA 15122), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania:  So as to Permit persons in limousine service, between points in Allegheny County. Attorney:  Ray F. Middleman, 117 VIP Drive, Suite 310, Wexford, PA 15090.

   A-00114432, Folder 1, Am-A. Red Carpet Limousine Connection, Inc. (239 Main Street, Mt. Pleasant, Westmoreland County, PA 15666), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania: So as to Permit persons in limousine service, between points in Allegheny County.

   A-00117168, Folder 1, Am-A. Magic Express, Inc. t/d/b/a C & R Limousine Service (466 Castle Shannon Boulevard, Pittsburgh, Allegheny County, PA 15234), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania:  So as to Permit persons in limousine service, between points in Allegheny County. Attorney:  David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15219-3427.

   A-00114415, Folder 1, Am-A. Allegheny Coach, Inc. (11 Mayview Road, Laurence, Allegheny County, PA 15053), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania:  So as to Permit persons in limousine service, between points in Allegheny County.

   A-00117471, Folder 1, Am-A. Imperial Coach Limousine, Inc. (325 Frazier Drive, Pittsburgh, Allegheny County, PA 15235), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania: So as to Permit persons in limousine service, between points in Allegheny County.

   A-00107578, Folder 2, Am-A. Daniel T. Zidek (P. O. Box 148, 118 Washington Avenue, Vandergrift, Westmoreland County, PA 15690)--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: Anthony J. Carino, 1034 Fifth Avenue, Suite 400, Pittsburgh, PA 15219.

   A-00114449, Folder 1, Am-A. Javy Enterprises, Inc. t/d/b/a Adonis Limousines (1300 Merchant St, Ambridge, Beaver County, PA 15003), 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.

   A-00117747, Folder 1, Am-A. Allegheny Metro Limousine Service, Inc. (P. O. Box 9091, Pittsburgh, Allegheny County, PA 15224), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Pennsylvania: So as to Permit persons in limousine service, between points in Allegheny County.

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-00115856, Folder 2. Taylor Transportation Service, Inc. t/d/b/a Pittsburgh All Day Tours (7990 Remington Drive, Pittsburgh, Allegheny County, PA 15237), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Allegheny County.

   A-00112274, Folder 2. Shelmar Corporation t/d/b/a Shelmar Limousine Service (921 Nurnberger Drive, Pittsburgh, Allegheny County, PA 15236), a corporation of the Commonwealth of Pennsylvania--persons in limousine service, between points in Allegheny County, and from points in Allegheny County, to points in Pennsylvania, and return.

   A-00116130, Folder 5. Pittsburgh Transportation Company (5931 Ellsworth Avenue, Pittsburgh, Allegheny County, PA 15206), a Pennsylvania corporation--additional right--persons in limousine service, between points in the County of Allegheny. Attorney: Ray F. Middleman, 117 VIP Drive, Suite 210, Wexford, PA 15090.

   A-00118075, Folder 2. Lea C. Morgan t/d/b/a Amor'e Limousines (87 Arlene Dr., North Versailles, Allegheny County, PA 15137)--additional right--persons in limousine service, between points in Allegheny County.

Order

Public Meeting held
April 24, 2002

Commissioners Present:  Glen R. Thomas, Chairperson; Robert K. Bloom, Vice-Chairperson; Aaron Wilson, Jr.; Terrence Fitzpatrick; Kim Pizzingrilli

Pennsylvania Public Utility Commission v. Santoro Enterprises, Inc., t/d/b/a Thomas Gerrity, Movers & Storage, 105 North Keyser Ave., Old Forge, PA 18518; A-00113019C0102

ORDER

By the Commission:

   On November 9, 2001, the Bureau of Transportation and Safety instituted a complaint against Santoro Enterprises, Inc., t/d/b/a Thomas Gerrity Movers & Storage, respondent, alleging that it: (1) failed to furnish the shipper with an ''Information for Shippers'' statement prior to the preparation of an order for service, (2) failed to use and complete the form for estimates of charges titled ''Estimated Cost of Services'', (3) rendered service within the Commonwealth of Pennsylvania to and from a different territory than that authorized by its certificate of public convenience, (4) failed to promptly provide a reasonable explanation in relationship to the facts or applicable law for denial of a claim or for the offer or a compromise settlement and (5) failed to file a quarterly report of underestimates with this Commission.

   Respondent was duly notified that, if an answer was not filed within twenty (20) days of receipt of the complaint, the penalty would be imposed.

   The complaint and notice were served on respondent on or about January 17, 2002, by first class mail; and, more than thirty (30) days later, no response has been received from respondent; Therefore,

It is Ordered That:

   1.  The allegations in the complaint are admitted.

   2.  The complaint is sustained.

   3.  Respondent, within twenty (20) days from the date of service of this order, pay a fine of one thousand one hundred dollars ($1,100.00) 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.

   4.  Respondent 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.

By the Commission,
James J. McNulty
Secretary

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Phoenix-Silverado, Inc.; Doc. No. A-00111131C0201, A-00111131

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 Phoenix-Silverado, Inc., respondent, maintains its principal place of business at 5 Montgomery Avenue, Erdenheim, PA 19038.

   2.  That respondent was issued a certificate of public convenience by this Commission on May 5, 1994 at Application Docket No. A-00111131.

   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 the Certificate of Public Convenience issued to Phoenix-Silverado, Inc. at A-00111131.

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.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 02-2030. Filed for public inspection November 8, 2002, 9:00 a.m.]



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